Terms and Conditions of Use
I. SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relations between "ATEK 1" Ltd., Sofia, 6 Angista Street, hereinafter referred to as the SUPPLIER, and the clients, hereinafter referred to as USERS, of the online store www.atek.bg, hereinafter referred to as the "ELECTRONIC STORE."
II. SUPPLIER INFORMATION
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: "ATEK 1" Ltd.
2. Registered office and management address: Sofia, 6 Angista Street
3. Business correspondence address: Sofia, 6 Angista Street
4. Data for correspondence: Sofia, 6 Angista Street
5. Registration in public registers: EIK 200543140
6. Supervisory authorities:
(1) Commission for Personal Data Protection
Address: Sofia 1592, Prof. Tsvetan Lazarov Blvd., No. 2
Phone: (02) 940 20 46
Fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Consumer Protection Commission
Address: Sofia 1000, Slaveykov Square, No. 4A, Fl. 3, 4, and 6
Phone: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg
III. CHARACTERISTICS OF THE ELECTRONIC STORE
Art. 3. The electronic store is accessible at the Internet address www.atek.bg, through which Users have the opportunity to conclude contracts for the purchase, sale, and delivery of the products offered by the ELECTRONIC STORE, including the following:
1. To register and create a profile for browsing the ELECTRONIC STORE and using additional information services;
2. To make electronic statements regarding the conclusion or execution of contracts with the ELECTRONIC STORE through the interface of the ELECTRONIC STORE's web page, accessible on the Internet;
3. To conclude contracts for the purchase, sale, and delivery of the products offered by the ELECTRONIC STORE;
4. To make any payments related to the contracts concluded with the ELECTRONIC STORE, in accordance with the payment methods supported by the ELECTRONIC STORE;
5. To receive information about new products offered by the ELECTRONIC STORE;
6. To view the products, their characteristics, prices, and delivery terms;
7. To be informed about their rights arising from the law mainly through the interface of the ELECTRONIC STORE's web page on the Internet;
8. To exercise the right of withdrawal from distance contracts for the products offered by the Supplier for which the right of withdrawal from the contract is applicable;
Art. 4. The Supplier delivers the products and guarantees the rights of the Users, provided by the law, within the limits of good faith, the practices adopted, consumer or commercial law criteria and conditions.
Art. 5. (1) Users conclude contracts for the purchase and sale of products offered by the ELECTRONIC STORE through the Supplier's interface accessible on its web page on the Internet or other means of distance communication.
(2) Pursuant to the contracts concluded with Users for the purchase and sale of products, the Supplier undertakes to deliver and transfer ownership of the products specified by Users through the interface.
(3) Users pay the Supplier a fee for the delivered products according to the conditions specified on the ELECTRONIC STORE and these general terms and conditions. The fee is at the price announced by the Supplier at the address of the ELECTRONIC STORE on the Internet.
(4) The Supplier delivers the products requested by the Users within the terms and conditions specified by the Supplier on the electronic store's web page and in accordance with these general terms and conditions. (5) The delivery fee is determined separately and explicitly from the product price.
Art. 6. (1) The User and the Supplier agree that all statements made between them regarding the conclusion and performance of the contract for the purchase and sale may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Article 11 of the Electronic Commerce Act.
(2) It is presumed that electronic statements made by Users on the website are made by the persons indicated in the data provided by the User during registration if the User has entered the corresponding username and access password.
IV. USE OF THE ELECTRONIC STORE
Art. 7. (1) In order to use the ELECTRONIC STORE to conclude purchase-sale agreements for goods, the User must enter a chosen username and a remote access password, in cases where the electronic store requires registration.
(2) The username and remote access password are determined by the User through online registration on the Supplier's website.
(3) By filling out their details and pressing the "Yes, I accept" or "Register" buttons, the User declares that they are familiar with these general terms and conditions, agree with their content, and unconditionally commit to adhere to them.
(4) The Supplier confirms the registration made by the User by sending an email to the email address provided by the User, which includes information about activating the registration. The User confirms the registration and the conclusion of the contract through an electronic link in the email sent by the Supplier, notifying them of the completed registration. After confirmation, a User account is created, and contractual relations arise between the User and the Supplier.
(5) When registering, the User is obliged to provide accurate and up-to-date data. The User promptly updates the information provided in their registration in case of any changes.
(6) In order to use the full functionality of the Supplier's electronic store, the User is required to register on the electronic store's website. The Supplier is not responsible if, due to the lack of registration, the User could not use the full functionality of the electronic store, including exercising rights under the contract, the ability to claim a lower price, and other similar functions.
(7) These general terms and conditions can be accepted by Users even without registration in the ELECTRONIC STORE through explicit consent, including through the ELECTRONIC STORE website.
Art. 8. (1) The email address provided during the initial registration of the User, as well as any subsequent email addresses used for communication between the User and the Supplier, is the "Primary Email Address" within the meaning of these general terms and conditions. The User has the right to change their Primary Contact Email Address.
(2) When requesting a change in the Primary Contact Email Address, the Supplier sends a request for confirmation of the change. The request for confirmation is sent by the Supplier to the new Primary Contact Email Address provided by the User.
(3) The change of the Primary Contact Email Address is carried out after confirmation by the User, expressed through a reference contained in the confirmation request sent by the Supplier to the new Primary Contact Email Address specified by the User.
(4) The Supplier informs the User about the completed change through an email sent to the User's specified Primary Contact Email Address before the change under para. 2 takes place.
(5) The Supplier is not responsible to the User for an unauthorized change of the Primary Contact Email Address.
(6) The Supplier may require the User to use the Primary Contact Email Address in specific cases.
V. TECHNICAL STEPS TO CONCLUDE A PURCHASE-SALE AGREEMENT
Art. 9. (1) Users primarily use the interface of the Supplier's page to conclude purchase-sale agreements for goods offered by the Supplier in the ELECTRONIC STORE. (2) The contract is concluded in the Bulgarian language.
(3) The contract between the Supplier and the User represents these general terms and conditions available on the ELECTRONIC STORE website.
(4) The contracting party with the Supplier is the User according to the data provided during registration and contained in the User's personal profile. To avoid doubt, this is the data with which an account is created with the Supplier.
(5) The Supplier includes technical means in the interface of its website to identify and correct errors when entering information before making a statement to conclude the contract.
(6) This contract is considered concluded from the moment of registration of the User with the Supplier or the acceptance of the general terms and conditions by other explicit means, including by declaration on the Supplier's website. The contract for the purchase-sale of goods is considered concluded from the moment of the User's request through the Supplier's interface.
(7) For the conclusion of this contract and the purchase-sale of goods contract, the Supplier explicitly notifies the User through appropriate means of electronic communication. (8) The statement to conclude the contract and the confirmation of its receipt are considered received when their addressees have access to them.
(9) The Supplier delivers the goods to the address specified by the Users and is not responsible if the data provided by the Users is incorrect or misleading.
Art. 10. (1) Users conclude the contract for the purchase-sale of goods with the Supplier using the following procedure:
1. Registration in the ELECTRONIC STORE and providing the necessary data if the User does not have a registration with the ELECTRONIC STORE at that moment or by requesting goods without registration;
2. Logging into the order processing system of the ELECTRONIC STORE by identifying with a username and password and another method of identification;
3. Selection of one or more of the offered goods in the ELECTRONIC STORE and adding them to the shopping list;
4. Providing data for the delivery;
5. Selection of the payment method and time for payment of the price;
6. Confirmation of the order;
(2) Users can conclude the contract for the purchase-sale of goods with the Supplier even without registration by using the respective functionality on the electronic store's interface.
VI. SPECIFIC OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The rules of this section VI of these general terms and conditions apply to Users for whom, according to the data provided for the conclusion of the purchase-sale agreement or for registration in the ELECTRONIC STORE, it can be inferred that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act, and/or Directive 2011/83/EC of the European Parliament and the Council of 25 October 2011.
Article 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the ELECTRONIC STORE website.
(2) The price of the goods, including all taxes, is determined by the Supplier in the product profile on the ELECTRONIC STORE website.
(3) The value of postal and transportation costs, not included in the price of the goods, is determined by the Supplier and provided as information to the Users by phone or email after receiving an electronic order confirmation from the User in the ELECTRONIC STORE.
(4) The method of payment, delivery, and performance of the contract is determined in these general terms and conditions, as well as the information provided to the Users on the Supplier's website.
(5) The information provided to the Users under this article is up-to-date at the time of its display on the Supplier's website before the conclusion of the purchase-sale contract.
(6) The Supplier must specify the delivery conditions for individual products on its website.
(7) The Supplier specifies the total value of the order for all the products contained in it before the conclusion of the contract.
(8) Users agree that all information required by the Consumer Protection Act may be provided through the ELECTRONIC STORE platform or email.
Article 13. (1) The User agrees that the Supplier has the right to accept an advance payment for contracts for the purchase and sale of goods with the User and their delivery. (2) The User can choose whether to pay the delivery price to the Supplier before or at the time of delivery of the goods.
Article 14. (1) The User has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days from the date of receiving the goods through the unified contract withdrawal form, accessible on the Supplier's website. Information on exercising the right of withdrawal is available on the Supplier's website. Users may also use another unambiguous statement that can be recorded on a durable medium.(2) The right of withdrawal under paragraph 1 does not apply in the following cases:
- For the delivery of goods made to the User's specifications or clearly personalized.
- For the delivery of goods that are liable to deteriorate or expire rapidly.
- For the delivery of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- For the delivery of goods which are, after delivery, according to their nature, inseparably mixed with other items.
(5) For the delivery of sealed sound or video recordings or sealed computer software that has been unsealed after delivery.
(6) For the delivery of newspapers, periodicals, or magazines, except for subscription contracts for the delivery of such publications.
(3) When the Supplier has not fulfilled its obligations to provide information as defined in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within one year and 14 days from the date of receiving the goods. When the information is provided to the User within the withdrawal period, it starts from the date of providing it. The User has the right to send the statement of withdrawal under this article directly to the Supplier using the unified contract withdrawal form, accessible on the Supplier's website.
(4) When the User has exercised their right to withdraw from a distance or off-premises contract, the Supplier shall reimburse all payments received from the User, including delivery costs, without undue delay and not later than 14 days from the date on which the Supplier is informed of the User's decision to withdraw from the contract. The Supplier shall make the reimbursement using the same means of payment as the User used for the initial transaction unless the User has expressly agreed otherwise, and provided that there is no cost to the User.
(5) When exercising the right of withdrawal, the User shall bear the cost of returning the delivered goods, and the Supplier may deduct the cost of returning the goods from the amount paid by the User under the contract. The Supplier is not obliged to reimburse additional delivery costs if the User has explicitly chosen a type of delivery other than the least expensive type of standard delivery offered by the Supplier.
(6) The User shall keep the Supplier's goods received and ensure the preservation of their quality and safety during the period under paragraph 1.
(7) The User may exercise their right to withdraw from the contract with the Supplier by sending a written statement to the Supplier using the standard contract withdrawal form accessible on the ELECTRONIC STORE website.
(8) When the Supplier has not offered to collect the goods themselves, they may withhold the User's payments until they have received the goods or until the User has provided proof that they have returned the goods, whichever is the earliest.
Article 15.
- The delivery period for the goods and the starting moment from which it runs is determined individually for each product at the conclusion of the contract with the User through the Supplier's website, unless the goods are ordered in one delivery.
- If the User and the Supplier have not defined a delivery period, the delivery period for the goods is 30 business days from the date following the User's submission of the order to the Supplier through the electronic store website.
- If the Supplier is unable to fulfill the contract because they do not have the ordered goods, they must notify the User and refund any amounts paid by the User.
VII. OTHER CONDITIONS Article 17. The Supplier delivers and hands over the goods to the User within the agreed timeframe.
Article 18. The User must inspect the goods at the time of delivery and handover by the Supplier, and if they do not comply with the requirements, immediately notify the Supplier.
VIII. DATA PROTECTION
Article 19.
- The Supplier takes measures to protect the User's personal data in accordance with the Personal Data Protection Act.
- For the security of the personal data of the Users, the Supplier will send the data only to the email address provided by the Users at the time of registration.
- The Supplier adopts and publishes its Privacy Policy on its website.
- Users agree that the Supplier has the right to process their personal data necessary for order fulfillment in the online store and contract execution.
- At any time, the Supplier has the right to require the User to authenticate and verify the accuracy of each of the circumstances and personal data declared during registration.
- If for any reason the User has forgotten or lost their username and password, the Supplier has the right to apply the declared Procedure for Lost or Forgotten Usernames and Passwords.
- These general terms may be amended by the Supplier, for which the latter will notify all registered Users in an appropriate manner.
- The Supplier and the User agree that any addition or amendment to these general terms will take effect against the User after explicit notification by the Supplier, and if the User does not reject them within the provided 30-day period.
- The User agrees that all statements from the Supplier concerning the amendment of these general terms will be sent to the email address provided by the User during registration. The User agrees that the emails sent under this article do not need to be signed with an electronic signature to be effective against the User.
- These general terms and the User's contract with the Supplier will be terminated in the following cases:
- Upon liquidation or declaration of insolvency of one of the parties to the contract.
- By mutual agreement of the parties in writing.
- Unilaterally, with notice from either of the parties in case of non-compliance with the obligations of the other party.
- Due to an objective impossibility for one of the parties to fulfill its obligations.
- Upon confiscation or sealing of the equipment by state authorities.
- In case of erasure of the User's registration on the ELECTRONIC STORE website. In this case, the concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution.
- In the event of exercising the right of withdrawal under Article 55, Paragraph 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the respective ordered goods is terminated if the right of withdrawal from the contract is applicable to the respective category of goods.
- The possible invalidity of any of the provisions of these general terms will not lead to the invalidity of the entire contract.