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I. SUBJECT
Art. 1. These general terms and conditions ("General Terms") are intended to regulate the relations between "The Saint 54" EOOD, registered in the commercial register of the Agency for Registration under UIC 207911965, with its registered office and management address: Plovdiv, Komatevsko Shose Blvd. 61 "B", hereinafter referred to as "Supplier", and the clients, hereinafter referred to as "Users", of the online store www.thesaint54.com ("Online Store"), owned by the Supplier.
II. SUPPLIER INFORMATION
Art. 2. (1) Information pursuant to the Electronic Commerce Act and the Consumer Protection Act regarding the Supplier:
Supplier's name: "The Saint 54" EOOD
Registered office and management address: Komatevsko Shose Blvd. 61 "B"
Address for exercising activities: Plovdiv, Komatevsko Shose Blvd. 61 "B"
Correspondence data: Nikola Gluhchev, phone 0882010225, email address: info.thesaint54@gmail.com, website: www.thesaint54@gmail.com, other means of online communication: n.gluhchev@icloud.com
Registration in public registers: Commercial Register of the Agency for Registration, UIC 207911965
VAT registration.
Address for complaints from consumers: info.thesaint54@gmail.com, phone 0882010225, email address: info.thesaint54@gmail.com, website: www.thesaint54.com
(2) Supervisory authorities:
Commission for the Protection of Personal Data
Address: Sofia, 1592, Prof. Tsvetan Lazarov St. 2,
Phone: (02) 91 53 519, Fax: (02) 91 53 525
Email: kzld@cpdp.bg
Website: www.cpdp.bg
Commission for Consumer Protection
Address: Sofia, 1000, Slaveikov Sq. 4A, Floors 3, 4, and 6,
Phone: (02) 933 05 65
Fax: (02) 988 42 18
Hotline: 0700 111 22
Email: info@kzp.bg
Website: www.kzp.bg
III. CHARACTERISTICS OF THE ONLINE STORE
Art. 3. The online store is an e-commerce platform accessible at the internet address https://thesaint54.com, through which Users can enter into purchase and sale contracts and delivery agreements for the goods offered by the Supplier in the Online Store, including the following:
To get acquainted with and review the goods, prices, and delivery conditions offered by the Supplier;
To be informed about the nature and main characteristics of the goods;
To conclude purchase and sale contracts and delivery agreements for the goods offered in the Online Store;
To make electronic statements regarding the conclusion, execution, and termination of contracts with the Supplier through the interface on the page of www.thesaint54.com, including available tools and applications for mobile devices;
To be informed about the rights arising from the law;
To exercise the right of withdrawal when applicable, in accordance with the Consumer Protection Act.
Art. 4. The Supplier organizes the delivery of goods and guarantees the rights of Users as provided by law, within the framework of good faith, accepted practices, and consumer or commercial law criteria and conditions.
Art. 5. (1) Users conclude with the Supplier a purchase and sale contract for goods according to the procedure described in Art. 8. The contract is concluded in Bulgarian and is stored in the Supplier’s database on the platform.
(2) Users have the opportunity to review and correct mistakes when entering information no later than submitting the statement for concluding the contract with the Supplier. The identification and correction of mistakes can be done by editing the order form at any time before submitting the statement for concluding the contract with the Supplier.
(3) By virtue of the concluded purchase and sale contract, the Supplier undertakes to organize the delivery and transfer the ownership of the User to the goods selected by them through the interface in the Online Store.
(4) Users pay the Supplier remuneration for the delivered goods in accordance with the terms defined in the Online Store and these General Terms. The remuneration is the amount announced in the Online Store.
IV. USE OF THE ONLINE STORE
Art. 6. (1) The Online Store can be used after registration in the Online Store and creation of a User profile or without prior registration.
(2) Registration of the User in the Online Store is free, voluntary, and is done in the respective section of the Online Store.
(3) Regardless of whether the User registers or not, to use the Online Store for entering into purchase and sale contracts for goods, the User must provide the following data: first name, last name, email address, contact phone number, delivery address, and agree to these General Terms.
(4) By filling in their data and pressing the "PAY" button and confirming their agreement with the General Terms, the User declares that they are familiar with these General Terms, agrees with their content, and undertakes to comply with them unconditionally.
(5) The Supplier confirms the order placed by the User by sending an electronic statement to the email address specified by the User or by calling the phone number specified by the User, and a contractual relationship for the purchase and sale of goods arises between the Supplier and the User.
(6) When making a registration or order, the User is obliged to provide correct and up-to-date data. The User undertakes to promptly update the data provided in their profile on the Online Store or in the order if any changes occur.
(7) If the User provides false information or the Supplier has grounds to believe that the provided information is incomplete or inaccurate, the Supplier has the right, at its discretion, to block or delete the User's registration and refuse the use of the Online Store.
V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AND SALE CONTRACT
Art. 7. Users primarily use the interface on the Online Store’s page, including available tools and applications for mobile devices, to conclude purchase and sale contracts for the goods offered by the Supplier in the Online Store.
Art. 8. The User and the Supplier conclude a purchase and sale contract for goods in the Online Store according to the following procedure:
The User selects one or more of the goods offered by the Supplier for which a purchase and sale contract will be concluded.
The User fills out an order form and provides the necessary data for identifying the User as a party to the purchase and sale contract for the goods;
The User selects the delivery method and provides the data for executing the delivery;
The User selects the payment method and time for payment of the price;
The User sends the order (offer) by pressing the "PAY" button after agreeing with the General Terms and the Privacy Policy;
The Supplier confirms the order placed by the User (accepts the User's offer) by sending an electronic statement to the User’s email address or by calling the phone number specified by the User. The Supplier provides the User with a durable medium confirmation of the concluded contract within a reasonable time after concluding the contract remotely or no later than at the time of delivery of the goods.
VI. CONTENT OF THE CONTRACT
Art. 9. (1) The Supplier and the Users conclude separate purchase and sale contracts for the goods ordered by the Users, even if they are selected with one electronic statement.
(2) The Supplier may organize the simultaneous delivery of the goods ordered under separate purchase and sale contracts.
(3) The rights of the Users concerning the delivered goods are exercised separately for each purchase and sale contract. The exercise of rights concerning a delivered good does not affect and is not related to the contracts for the sale of other goods. If the User is a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the purchase and sale contract of a particular good does not affect the purchase and sale contracts for other goods delivered to the consumer.
(4) The Supplier has the right, at its discretion, to refuse the execution of a User’s order, notifying the User within an appropriate period without being obliged to provide a reason for the refusal.
Art. 10. When exercising rights under the purchase and sale contract, the User is obliged to specify precisely and unambiguously the contract and the goods concerning which they are exercising their rights.
Art. 11. The User pays the price for the separate purchase and sale contracts in full at the time of placing the order for the goods or upon their delivery.
VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO ARE CONSUMERS UNDER THE CONSUMER PROTECTION ACT
Art. 12. The rules of this Section VII of these General Terms apply only to Users for whom, based on the data provided for the conclusion of the purchase and sale contract, it can be inferred that they are consumers under the Consumer Protection Act.
Art. 13. (1) The main characteristics of the goods offered by the Supplier in the Online Store are described in the profile of each good in the Online Store.
(2) The prices of the goods, including all taxes and fees, are determined and specified in the profile of each good in the Online Store.
(3) The cost of postal or transport expenses not included in the price of the goods is determined by the Supplier in the Online Store and is provided as information to the Users when selecting the goods for the conclusion of the purchase and sale contract.
VIII. CONTRACT PERFORMANCE
Article 17.
(1) The Supplier may organize the delivery and handover of the goods to the User through a designated courier within the agreed timeframe at the time of contract signing.
(2) If the deadline under paragraph 1 is not explicitly agreed between the parties when the contract is signed, the Supplier shall organize the delivery and handover within a reasonable time. If the Supplier fails to organize the delivery within the specified time, the Supplier must inform the User in advance.
(3) If the User is not present at the specified delivery address at the agreed time for delivery and has not provided a suitable third party to receive the delivery, the Supplier will reschedule the delivery at another convenient time, and the User must pay an additional delivery fee according to the courier's or postal operator's rates.
Article 18.
(1) The User must inspect the goods at the time of delivery and handover. If the goods do not meet the requirements, the User must immediately notify the Supplier.
(2) If the User does not notify the Supplier in accordance with the previous paragraph, the goods are considered approved as meeting the requirements, except for hidden defects.
IX. PERSONAL DATA PROTECTION
Article 19.
(1) The Supplier processes personal data provided by Users in accordance with its Privacy Policy and in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, concerning the protection of individuals regarding the processing of personal data and the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation), the Personal Data Protection Act, and other applicable Bulgarian laws related to personal data protection.
(2) The Supplier’s Privacy Policy is available on the website: https://thesaint54.com, and is an integral part of these General Terms.
(3) The Supplier has the right to store or gain access to information stored on the User’s device in accordance with the “Cookie Usage Policy,” provided that:
The Supplier has provided clear and comprehensive information to the User pursuant to Article 13 of Regulation (EU) 2016/679; and
The Supplier has given the User the option to refuse the storage or access to the information.
(4) The User agrees that the Supplier has the right to collect, store, and process data regarding the User's behavior when using the Online Store. The User has the right to object to the storage or access to information under paragraph 2 in the manner provided in the Privacy Policy.
Article 20.
At any time, the Supplier has the right to require the User to prove the authenticity of any information and personal data provided during registration or when placing an order.
X. AMENDMENT AND ACCESS TO THE GENERAL TERMS
Article 21.
(1) These General Terms are an integral part of the contract concluded between the Parties.
(2) Upon signing the Contract, the User declares that they have read and accepted these General Terms.
(3) The User and the Supplier agree that all statements between them concerning the conclusion, performance, amendment, and termination of the Contract and these General Terms may be made electronically and through electronic statements in accordance with the Electronic Document and Electronic Signature Act and Article 11 of the Electronic Commerce Act.
(4) It is assumed that electronic statements made by Users of the Online Store are made by the individuals named in the data provided by the User during their registration or when sending an order (proposal).
(5) The User agrees to receive all statements, documents, and notifications from the Supplier in electronic form to the email address provided by the User during registration in the Online Store or when placing an order (proposal).
(6) Electronic statements, documents, and any messages sent by the User to the Supplier via the email address provided by the User during registration or when placing an order (proposal), are considered signed with a simple electronic signature. The electronic statement is considered received when it enters any of the information systems indicated by the User.
(7) The Parties agree that the legal force of the simple electronic signature is equivalent to that of a handwritten signature.
Article 22.
Conditions other than those provided in the General Terms may be agreed upon through additional written agreements between the Supplier and the User. In case of conflict between what is agreed in the additional written agreements and the General Terms, the agreed terms prevail.
Article 23.
(1) The Supplier may amend these General Terms, notifying the Users accordingly.
(2) The Supplier and the User agree that any addition and/or modification of these General Terms will apply to the User in one of the following cases:
After explicit notification by the Supplier to the User's provided email address, and if the User does not object within the 14-day period; or
Upon explicit acceptance by the User when placing an order in the Online Store.
(3) The User's objection to an amendment and/or addition to the General Terms within the specified period is equivalent to an unilateral statement to terminate the contract.
Article 24.
The Supplier publishes the General Terms, including all amendments and additions, on the website: info.thesaint54@gmail.com.
XI. TERMINATION
Article 25.
These General Terms and the User’s contract with the Supplier are terminated in the following cases:
In case of termination and declaration of liquidation or insolvency of either party;
By mutual written agreement of the parties;
In case of objective impossibility of one of the parties to fulfill its obligations;
In case of seizure or sealing of equipment by state authorities;
If the User's registration in the Online Store is deleted. In this case, any already concluded but unfulfilled purchase contracts remain valid and enforceable;
In cases under Article 23, paragraph 3.
Article 26.
The Supplier may terminate the contract unilaterally, without prior notice and without liability, if it finds that the User is using the Online Store in violation of these General Terms, Bulgarian law, commonly accepted moral standards, or established e-commerce practices.
XII. LIABILITY
Article 27.
The User undertakes to indemnify and hold harmless the Supplier from legal claims and other third-party demands (whether well-founded or not) for all damages and costs (including attorney's fees and court costs) arising from or in connection with:
Non-fulfillment of any of the obligations under this contract;
Violation of copyright, producer rights, broadcasting rights, or other intellectual or industrial property rights;
Unauthorized transfer of rights granted to the User for the term and under the conditions of the contract;
False declaration of the existence or non-existence of the status of a consumer according to the Consumer Protection Act.
Article 28.
The Supplier is not liable in case of force majeure, unforeseen events, Internet problems, technical or other objective reasons, including orders from competent state authorities.
Article 29.
(1) The Supplier is not liable for damages caused by the User to third parties.
(2) The Supplier is not liable for material or non-material damages, lost profits, or losses caused to the User during the use or non-use of the Online Store and the conclusion of purchase contracts with the Supplier.
(3) The Supplier is not liable for the period during which the Online Store is unavailable due to force majeure.
(4) The Supplier is not liable for damages arising from comments, opinions, and posts under products, news, and articles in the Online Store.
Article 30.
(1) The Supplier is not liable in case of overcoming security measures of the technical equipment, leading to data loss, information dissemination, access to information, restriction of access to information, and other similar consequences.
(2) The Supplier is not liable in case of concluding a sales contract, granting access to information, or the loss or alteration of data due to fraudulent identification of a third party presenting itself as the User, if the circumstances suggest that the person is the User.
XIII. OTHER TERMS
Article 31.
(1) The User and the Supplier undertake to mutually protect their rights and legal interests, as well as to keep their trade secrets acquired during the performance of the contract and these General Terms.
(2) The User and the Supplier undertake not to make public any written or oral correspondence between them during and after the contract term. Publicly disclosing correspondence includes publishing it in print or online media, social networks, internet forums, personal or public websites, etc.
Article 32.
The invalidity of any provision of these General Terms does not affect the validity of other provisions of the General Terms or the contract.
Article 33.
For matters not addressed in this contract regarding the performance and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.
§1. These General Terms come into effect on DD.MM.2023.