These General Terms and Conditions govern the relationship between Niksen Ltd. (hereinafter referred to as the "Merchant") and the Users of a website located on the domain https://www.niksen.bg (hereinafter referred to as “Consumers”).
Nksen Ltd. is a company registered in the Commercial Register at the Registry Agency with UIC 107545591, with seat and registered office: Gabrovo, 3 Antim I Str., 3rd floor, apartment 21, e-mail: firstname.lastname@example.org, phone: +359 2 978 16 32. The correspondence address with the Merchant is: Gara Yana (RMZ), Sofia 1805.
This document contains information about the activities of the Merchant and the general terms and conditions for the sale of goods provided by the Merchant. The confirmation of the General Terms and Conditions is a necessary and obligatory condition for conclusion of the contract between the Consumers and the Merchant.
These General Terms and Conditions are available on https://www.niksen.bg in a way that allows its storage and reproduction.
Please read the General Terms and Conditions before using the website https://www.niksen.bg.
I. CONSUMER IDENTIFICATION. AN ORDER PLACEMENT
1. The Consumers who wish to place an order for delivery of goods on the website https://www.niksen.bg are identified by three names, address, telephone, e-mail address, as well as any other information that the Consumers provide voluntarily to the Merchant.
2. For placement of an order on the website https://www.niksen.bg the Consumers are not obliged to do a registration and maintain an account.
3. Through the interface of the website https://www.niksen.bg the Consumers may enter into a contract for the sale of goods offered by the Merchant on the e-shop. The sale contract is considered concluded as of the confirmation of the order by the Merchant in the way specified in these General Terms and Conditions.
4. For placement of an order on the website https://www.niksen.bg is necessary that the Consumers select a product and add it to the shopping list (basket). The selected product could be added to the basket by clicking on the button depicting a basket next to each product. Adding a new product to the basket could be done in the same way. You may review the content of your basket, as well as correct the information in the basket at any time before confirming the order.
5. Each order contains information about the type and quantity of the selected product, the price of the product, and the delivery price (which includes also the value of the delivery service), as well as the total amount to be paid. All prices include VAT.
6. The order could be completed and send for execution by pressing the "Place order" button. For completion of the order, the Consumers should provide three names, an exact delivery address, an email address, and a telephone number.
7. For completion and sending the order, the Consumers should express their consent to these General Terms and Conditions. The Consumers shall give their consent to these General Terms and Conditions by marking a check box with the text "I agree with the General Terms and Conditions". If the check box is not marked with the text "I agree with the General Terms and Conditions", the order cannot be sent for execution.
9. The Merchant indicates the mandatory or voluntary nature of the provision of the data necessary for the execution of the contract. Failure to submit the data with a mandatory nature may lead to the inability the Merchant to fulfill the order.
11. When filling in the data necessary for delivery, the Consumers are obliged to provide complete and correct data about their identity and other data required in the electronic form of the Merchant. The Consumers are responsible for ensuring that the information they provide in the order process is correct, complete and accurate.
12. After receiving the order, the Merchant shall send a confirmation of the order. The confirmation shall be sent to the email address of the Consumer. Nevertheless, the Merchant reserves the right to contact the Consumer at the telephone number provided by him, to clarify the details of the order and its execution.
13. The Merchant is not responsible for non-fulfillment of an order when the Consumer has indicated incorrect, incomplete and/or inaccurate data, including when he has indicated an incomplete or inaccurate delivery address or telephone number.
14. The prices of the goods offered in the e -shop are indicated on the website at the time of placing the order. The prices of the goods are in Bulgarian levs and include VAT.
15. The Merchant reserves the right to change at any time and without notice the prices of the goods, as the changes will not affect orders already made and confirmed by the Merchant.
16. The Merchant may provide discounts on the prices of the goods according to the Bulgarian legislation and by applying rules determined by the Merchant. The rules applicable to such discounts will be indicated where the discount is displayed.
17. The payment of the price of the ordered goods should be made upon delivery of the goods, in cash.
18. The value of the delivery service, as well as the value of the cash on delivery service (C.O.D.) should also be paid by the consumer at his expense. The Merchant reserves the right, under certain conditions specified by him, which are explicitly stated on the website, to offer free delivery of goods.
19. The delivery of the ordered goods is carried out by a courier company to the address indicated by the Consumer on the territory of the Republic of Bulgaria or to the office of the courier company preferred by the Consumer.
20. The delivery is made within 7 (working) days from the date of confirmation of the order. In exceptional circumstances, the Merchant reserves the right to extend the delivery period, and will promptly inform each affected Consumer.
21. The delivery is made to the person who sent the order or to any other person who is at the delivery address and has agreed to receive the shipment. In order to exercise the right to withdraw from the contract or to exchange the ordered goods, the Consumer are obliged to keep the bill of lading and other documents given to them by the courier upon delivery.
V. RIGHT OF WITHDRAWAL FROM THE CONTRACT
22. The Consumers have the right to withdraw from the contract without stating a reason for it, and without paying compensation or penalty to the Merchant, within 14 days from the date of receipt of the ordered goods.
23. In order to exercise their right to withdraw from the contract, the Consumers should notify the Merchant of their decision to withdraw from the contract. In order to facilitate the Consumers in exercising their right of withdrawal, the Merchant provides the Consumers with the opportunity to send electronically a completed and signed Standard Form for exercising the right of withdrawal from the contract, which is published on the website. The completed and signed refusal form could be sent to the e-mail email@example.com, as well as by courier or by Bulgarian Post to the following postal address: Gara Yana (RMZ), Sofia 1805.
24. The Consumers could also express their intention to withdraw from the contract through a free statement, sent to the email firstname.lastname@example.org. The statement could be sent also by courier or by Bulgarian Post to the following postal address: Gara Yana (RMZ), Sofia 1805.
25. In case of withdrawal from the contract, expressed in any of the above described ways, the Merchant shall send to the Consumer a confirmation of receipt of the withdrawal. The confirmation is sent to the e-mail address provided by the Consumer.
26. In case of withdrawal from the contract, the Consumers are obliged to return the goods to the Merchant. The goods should be returned within 14 days from the date of receipt of the withdrawal by the Merchant. The goods could be returned by courier to the following postal address: Yana Station (RMZ), Sofia 1805. The courier costs in connection with the return of the goods are at the expense of the Consumers.
27. All goods that Consumers wish to return should be in an undamaged commercial package. The Merchant is not obliged to accept returned goods with damaged commercial package.
28. All amounts that the Merchant owes to the Consumers in case of withdrawal from the contract will be refunded by a bank transfer to a bank account of the Consumer. If the Consumer does not return the received goods within the term specified in Item 26, the Merchant shall not be obliged to refund the amounts paid by the Consumers. The due amounts should be paid by the Merchant to the Consumers within 7 working days after receiving the goods.
29. The Consumers have the right to claim for any non - conformity of the received goods with the sale contract, when after the delivery any non- conformities with the sale contract are found. When filing a complaint, the Consumers have the rights under Articles 113 - 115 of the Consumer Protection Act.
30. The Consumers have the right to file a complaint for the goods, regardless of whether the manufacturer or the Merchant has provided a commercial guarantee for the goods or services.
31. Upon filing a complaint for goods, consumers may claim a refund of the amount paid, replacement of the delivered goods with another, corresponding to the agreed or for a deduction from the price paid.
32. The complaint shall be submitted orally to the telephone number indicated by the Merchant or in writing to the e-mail email@example.com . The complaint could also be sent by mail/courier to the management address of the company or the address of correspondence of the Merchant, specified at the beginning of these General Terms. When filing a complaint, the Consumers should indicate the subject of the complaint, the preferred way of satisfying the complaint, respectively the amount of the amount claimed for refund, address, telephone, and email.
33. When submitting a complaint, the Consumers should enclose the documents on which the claim is based, namely: receipt and invoice (if any) or the bill of lading for the specified goods; documents establishing the non-conformity of the goods with the agreed and proving the grounds for the complaint and its amount (if such documents are available).
34. The complaint of the goods may be filed up to two years from the delivery of the goods, but no later than 2 months from the establishment of the non-compliance with the agreed. The period ceases to run during the time necessary to reach an agreement between the Merchant and the Consumer to resolve the dispute.
35. The Merchant shall maintain a complaint register. When receiving a complaint, the Merchant shall issue and sent to the Consumer to the e-mail indicated by him a document that specify the number of the complaint, the type of the goods and short description of the Consumer’s complaint.
36. When the Merchant satisfies the complaint, it shall issue an act, which shall be drawn up in two copies. The Merchant should provide the Consumer with a copy of the act to satisfy the complaint.
37. In case of a justified complaint, the Merchant shall bring the goods in compliance with the sales contract within one month, as of the filing of the complaint by the Consumer. After the expiration of this term, if the complaint is not satisfied by the Merchant, the Consumer shall have the right to cancel the contract and be reimbursed the amount paid or to request a reduction in the price of consumer goods under Art. 114 of the Consumer Protection Act.
38. Bringing the goods under the sales contract is free of charge for the Consumers. They do not owe costs for shipping the goods.
39. The Consumers may not claim a refund of the amount paid or a reduction in the price of the goods when the Merchant agrees to replace the goods with a new one within one month as of filing a complaint by the Consumer.
VII. INTELLECTUAL PROPERTY PRIGHTS
40. The intellectual property rights over all materials and resources located on the website https://www.niksen.bg are subject to protection under the Copyright and Related Rights Act, belong to the Merchant or to a third party who has transferred the right to use of the Merchant and may not be used in violation of the applicable law.
41. In case of illegal copying or reproduction of information, as well as in case of any other violation of the intellectual property rights of the Merchant, he has the right to claim compensation for the damages suffered according to the applicable legislation.
42. The Consumers are not allowed to reproduce, change, delete, publish, distribute, and otherwise disclose the information resources published on https://www.niksen.bg.
VIII. AUTHORITIES, REGULATING THE ACTIVITY OF THE MERCHANT
43. The state authorities regulating the Merchant are: the Consumer Protection Commission (CPC) - Website https://kzp.bg/kontakti, tel: 0700 111 22, email: firstname.lastname@example.org, address: Sofia, 4A Slaveykov Square, fl. 3, 4 and 6 and the Commission for Personal Data Protection (CPDP) - Website: https://www.cpdp.bg/, tel: 02 / 91-53-518, email: email@example.com, address: Sofia 1592, Prof. Tsvetan Lazarov ”№ 2.
Bulgarian Food Safety Agency (BFSA) - www.bfsa.bg - Food Control Signals and Complaints Hotline - 0700 122 99 and National Revenue Agency , Directorate Gabrovo, 7 Aprilovska Str.
44. The Consumers could use the European Online Dispute Resolution Platform (ODR), available at http://ec.europa.eu/odr, which allows EU consumers and traders to settle disputes between them. The consolidated list of recognized ADR entities of the Member States of the European Union can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show.
45. The alternative dispute resolution (ADR) between consumers and traders is an out-of-court conciliation procedure on a voluntary basis.
46. The Joint Conciliation Commissions shall assist in reaching an agreement between consumers and traders in disputes over contracts for the sale of goods and the provision of services. The General Conciliation Commission based in Sofia is competent to resolve disputes between the Merchant and the Consumer.
X. AMENDMENTS IN THE GENERAL TERMS AND CONDITIONS
47. The Merchant undertakes to notify the Consumer of any change in these General Terms and Conditions within 7 days of the occurrence of this circumstance at the email address specified by the User. If the Consumer does not agree with the changes in the General Terms and Conditions, he has the right to withdraw from the contract with the Merchant, without stating a reason and without paying compensation or penalty. In order to exercise this right, the Consumers should notify the Merchant within one month of receiving the message.
48. In case the Consumer does not exercise his right to withdraw from the contract as per these General Terms and Conditions, the amendment shall be deemed accepted by the Consumer without objections.
49. The Parties declare that if any of the clauses of these General Terms and Conditions prove to be invalid, this will not entail the invalidity of the entire contract or other parts thereof. The invalid clause will be replaced by the statutory provisions or the established practice.
XI. APPLICABLE LAW
50. The Bulgarian legislation shall apply to all issues not settled in these General Terms and Conditions.