General Terms and Conditions for Using the Services Provided
І. SUBJECT MATTER
Art. 1. These General Terms and Conditions (“GTC“) regulate the relationship between Impas-56 OOD, UIC 121139463, with seat and registered address 65V Cherni Vrah Blvd, Sofia, hereinafter „the Supplier“ and the customers, hereinafter „the Users“ of the e-commerce platform www.impas56.com, hereinafter „Impas56”
ІІ. SUPPLIER’S DETAILS
Art. 2. Information about the Electronic Commerce Act and the Consumer Protection Act:
- Supplier’s name: Impas-56 OOD
- Seat and registered address: 65V Cherni Vrah Blvd, Sofia
- Business address and address for sending users’ appeals: 65V Cherni Vrah Blvd, Sofia, Bulgaria
- Correspondence details: 65V Cherni Vrah Blvd, Sofia, Bulgaria, Tel.: +359 2 862 47 16, E-mail: email@example.com
- Entry in public registers: UIC 121194357, VAT registration: № BG 121194357
- Supervisory authorities:
6.1. Commission for Personal Data Protection
Address: 2 Prof. Tsvetan Lazarov Blvd, Sofia
Tel.: +359 2 91-53-515; +359 2 91-53-519
Fax: +359 2 91-53-525
E-mail: firstname.lastname@example.org, email@example.com
6.2. Commission for Consumer Protection
Address: 4A Slaveykov Sq, fl.3, 4 and 6, 1000 Sofia
Tel.: +359 2 933 0565
Fax: +359 2 9884218
Hotline: 0700 111 22
6.3. Competition Protection Commission
Address: 1000, Sofia, 18 Vitosha
Tel.: +359 2 935 61 13
Fax: +359 2 980 73 15
Hotline: 0700 111 22
III. PLATFORM FEATURES
Art. 3. Impas56 is an e-commerce platform accessible online at www.impas56.com through which the Users can conclude purchase-and-sale and delivery contracts for the gods offered by the Supplier on the platform, including the following:
(1) To register and create an account for going through the Supplier’s e-store and to use the additional information provision services;
(2) To view the goods, their characteristics, prices and delivery terms;
(3) To conclude contracts with the Supplier for the purchase-and-sale and delivery of the goods offered in the Impas56 platform;
(4) To obtain information about new goods offered by the Supplier in the Impas56 platform;
(5) To make electronic statements in relation to the conclusion or performance of contracts with the Supplier in the Impas56 platform through the interface of the webpage;
(6) To be informed of their statutory right, mainly through the interface of the Impas56 online platform;
(7) To exercise their right of withdrawal when applicable in accordance with the provisions of the Consumer Protection Act.
Art. 4. The Supplier in the Impas56 platform shall organize the delivery of the goods and guarantee the rights of the Users, as provided in the law subject to good faith and to the criteria and conditions accepted in practice, in consumer or commercial law.
Art. 5. (1) The Users shall conclude a contract for the purchase and sale of goods with the Supplier in the Impas56 platform www.impas56.com The contract shall be concluded in Bulgarian and stored in the database of the Supplier in the platform.
(2) By virtue of the contract with the Users for the sale and purchase of goods, the Supplier undertakes to organize the delivery and the transfer to ownership of the goods determined by it through the platform interface to the User.Users shall have the right to correct any mistakes in the entry of information no later than the publishing of the statement concerning the conclusion of the contract with the Supplier in the Impas56 platform.
(3) Users shall pay to the Supplier a consideration for the goods delivered as per the conditions determined in the Impas56 platform and these General Terms and Conditions.
- IV. REGISTRATION
Art. 6. (1) The procedure for the registration of the website is absolutely voluntary and free of charge. Registration is necessary only when using certain functionalities of the website. The website may be viewed by Users freely, without registration. The registration of the platform is not an obligatory condition to place and order and to conclude a purchase-and-sale contract.
(2) To register of the website, a user must fill in a registration form. The boxes that must be filled in are marked with an asterisk. On successfully completing the registration, the User receives a user name and password to enable him/her to log into the website account created for him/her. By creating an account and marking the box “I have read and accept the General Terms and Conditions”, the User is deemed to have accepted these General Terms and Conditions.
(3) By filling in their details in the user basket and clicking the “Buy” or “Order” button, unregistered Users declare that they are familiar with these Genera Terms and Conditions, agree with their content and undertake to observe them unconditionally.
(4) The Supplier confirms the order placed by the User by e-mail and a contractual relationship arises between him/her and the Supplier.
(5) Upon making the registration or placing an order the User undertakes to provide true and updated details. The User undertakes, in the case of change, to update the details specified in his/her registration or order in due time.
- V. PURCHASE-AND-SALE CONTRACT CONCLUSION. CONTRACT CONTENT. PRICES.
Art. 7. (1) The Users shall use the interface on the webpage of the Supplier in the Impas56 platform mainly to conclude purchase-and-sale contracts for the goods offered by the Supplier in the Impas56 platform.
(2) When orders are placed without registration by the User, the later accepts these General Terms and Conditions upon ordering the relevant goods and clicking the “Order” button.
Art. 8. The Users shall conclude the contract for the purchase and sale of goods in the Impas56 platform using the following procedure:
(1) Entering the order placement system in the Impas56 platform.
(2) Choosing or configuring one or more of the products offered by the Supplier in the Impas56 platform and adding them to a list of goods for purchasing.
(3) Providing the necessary data for individualizing the User as a party to the contract and providing personal data for the delivery (two names, address, e-mail address and phone number).
(4) Choosing a method and time for paying the price.
(5) Acceptance of these General Terms and Conditions by unregistered users.
(6) Providing the relevant data for the issuance of an invoice where the User has requested that;
(7) Order confirmation by the Supplier;
Art. 9. (1) The Supplier and the Users shall conclude separate contracts for the purchase-and-sale of the goods requested by the Users regardless of the fact that they have been selected with the same electronic request and from the same list of goods for purchase.
(2) The Supplier may organize the delivery of the goods ordered with the separate purchase-and-sale contracts jointly and at the same time.
(3) The rights of the Users with respect to the goods delivered shall be exercised separately for each purchase-and-sale contract. The exercising of rights with respect to goods delivered does not affect and has no effect as concerns the contracts for the purchase and sale of other goods. Where the User is in the capacity of consumer within the meaning of the Consumer Protection Act, exercising the right to withdraw from the contract for the purchase and sale of certain goods does not affect the contracts for the purchase and sale of the other goods delivered to the User.
Art. 10. When exercising the rights under the purchase-and-sale contract, the User shall state exactly and unambiguously the contract and the goods with respect to which he/she is exercising the rights.
Art. 11. (1) The User may pay the price for the separate purchase-and-sale contracts as a lump sum upon placing the prodder for the goods or upon their delivery in one of the following ways:
- By wire transfer into the bank account specified in the Impas56 platform, or
- Paid on delivery at the time of receiving the goods from a courier.
(2) Regardless of the method selected, all payments shall be made in BGN only. By accepting these General Terms and Conditions, the User gives his/her express and unconditional consent, except in payments on delivery, to pay Impas56, in advance, in full, the sales price of each product ordered form the Impas56 platform . In the case of payment of delivery, the User shall receive from the courier an invoice/receipt specifying the sales price due and the price for the processing and delivery of the order. The User shall hand over to the courier the entire amount due including the price of the gods and processing and delivery price as specified in the invoice/receipt. The payment shall be recorded in the Certificate of Delivery and Acceptance, which shall be used as a receipt and shall certify the delivery of the goods to the User by the courier. By signing the Certificate of Delivery and Acceptance, the User empowers the courier to hand over to Impas56, in his/her name and on his/her behalf, the amount stated in the invoice/receipt.
(3) Pursuant to art.113, par.4 of the VAT Act, the issuance of an invoice or collection under an invoice issued shall be made within 5 (five) calendar days from the date of purchase. After the expiry of this period, Impas56 does not assume any responsibility for the issuance of an invoice or for the correction of an invoice already issued.
Art. 12. All prices presented on the Impas56 platform are in BGN and valid solely and only at the time of their publishing, Impas56 reserving the right to change them at any time, without notice. The prices of goods presented on the Impas56 platform are end prices and include all taxes (unless it is expressly stated that the price is before VAT) and fees, excluding the delivery price, which shall be paid by the User.
- 1. SPECIAL CLAUSES APPLYING TO PERSONS IN THE CAPACITY OF CONSUMERS WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT
Art. 13. The rules of the present Section VI of these General Terms and Conditions shall be applied only to Users, which according to the data specified for the conclusion of the purchase-and-sale contract or upon registration to Impas56, may be concluded to be 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.
Art. 14. (1) The main characteristics if the goods offered by the Supplier in the Impas56 platform are determined in the profile of each product in the Impas56 platform.
(2) The price of the goods with all taxes and fees included shall be determined by the Supplier in the Impas56 platform in the profile of each product in the Impas56 platform.
(3) The amount of the postal or transport costs not included in the price of the goods shall be determined by the courier company used by the Supplierto deliver the goods. Additional information about the price formation for the delivery service may be found on our website in the Delivery section.
(4) The information provided to the Users under this article is up to date at the time of its visualization in the Impas56 platform before the conclusion of the purchase-and-sale contract.
(5) Users agree that the entire information required by the Consumer Protection Act may be provided through the interface of the Impas56 platform or by e-mail.
Art. 15. (1) The Consumer agrees that the Supplier shall be entitled to accept advance payment for the contracts for the purchase-and-sale of goods concluded with the consumer.
(2) The Consumer choses individually whether to pay to the Supplier in the Impas56 platform the delivery price of the goods before or at the time of their delivery.
(3) In case the price of the Consumer’s order equals or exceeds BGN 10,000, payment shall be made only by a transfer or deposit into the Supplier’s payment account.
Art. 16. (1) The Consumer shall be entitled, without owning any compensation or penalty and without stating any reason, to withdraw from the contract concluded within 14 days as of the date of accepting the goods from the Supplier through the unified contract withdrawal form – Annex No.1 to these General Terms and Conditions.. Information about exercising the right to withdrawal is available in Annex No.2 to the General Terms and Conditions..
(2) The right to withdrawal under par.1 shall not be applicable in the following cases:
- For the delivery of goods made at the Consumer’s order or in accordance with his/her individual requirements;
- For the delivery of goods which, due to their nature, may have their quality deteriorated or have a short durability term;
- For the delivery of packed goods, which have been opened after their delivery and cannot be returned for considerations related to hygiene or health protection;
- For the delivery of goods, which after they were delivered and due to their nature mixed with other goods from which they cannot be separated;
(3) When the supplier in the Impas56 platform has not fulfilled its obligations to provide information as determined in the Consumer Protection Act, the Consumer shall be entitled to withdraw from the contract concluded within one year and 14 days from the date of receiving the goods. When the information has been provided to the Consumer within the withdrawal period, this period shall begin from the date of its provision. The Consumer is entitled to make the statement of withdrawal under this article directly to the Supplier through the unified contract withdrawal form available in Annex No.1 to these General Terms and Conditions.
(4) When the Consumer has exercised his/her right to withdrawal from the distance contract of from the contract outside the commercial outlet, the Supplier shall refund all the amounts received from the Consumer without undue delay and no later than 14 day from the date on which it was notified of the Consumer’s decision to withdraw from the contract. The Supplier shall refund the amounts received using the same method of payment as used by the Consumer in the initial transaction unless the Consumer has given its express consent for using another method and provided that this is not related to expenses for the Consumer.
(5) In exercising the right to withdraw, all the expenses incurred by the Consumer for the receipt and return of the goods purchases, bank commissions and any other expenses beyond the value of the products ordered shall remain a the Consumer’s account.
(6) The Consumer shall store the good received from the Supplier in the platform and ensure the preservation of their quality and safety during the term under par.1. The goods shall be stored in accordance with the manufacturer’s requirements specified.
(7) The Consumer may exercise his/her right to withdrawal from the contract with the Supplier by sending a written statement to the Supplier through the standard contract withdrawal form available in Annex No.1 to these General Terms and Conditions.
(8) If the Supplier in the Impas56 platform has not offered to collect the goods itself, it may delay the payment of the amounts to the Consumer until it receives the goods or until the Consumer has presented a proof that he/she has sent the gods back depending on which of the two occurred first.
(9) Notwithstanding the above hypotheses, the Consumer undertakes to return the goods in a good merchantable quality allowing its subsequent sale unless the unpacking of the good leads to an obvious impairment of its merchantable quality including but not limited to a destructible box, hermetic packaging and other similar cases. Where the merchantable quality of the goods has been impaired, the Supplier shall be entitled, at its own discretion, to refuse to accept a withdrawal from the contract or to charge the Consumer with expenses for restoring the merchantable quality of the goods.
(10) On accepting the goods, with respect to which the right of withdrawal under this article has been exercised, the Supplier shall inspect the goods and may refuse to accept it if it establishes that the goods returned are different from those delivered to the Consumer.
(11) The Supplier shall be entitled to refuse to accept the goods if, due to a systematic placing of orders and refusing them in short intervals of time, doubt arises as to the good faith of the Consumer.
(12) In addition to the right to withdraw, the Consumer shall be entitled to a legal warranty of 2 years for the goods’ conformity to the sales contract guaranteed by the Consumer Protection Act.
Art. 17. (1) The delivery time of the goods shall be determined for each product separately upon the conclusion of the contract with the Consumer through the website of the Supplier in the Impas56 platform.
(2) If the Consumer and the Supplier in the Impas56 platform have not set a delivery period, the delivery period of the goods shall be 30 days from the date following the sending of the Consumer’s order to the Supplier through the Supplier’s website in the Impas56 platform.
(3) If the Supplier in the Impas56 platform cannot perform the contract due to not having available the goods ordered, it shall inform the Consumer to that effect and shall refund the amounts that the latter has paid.
(4) Delivery within the Republic of Bulgaria shall be made by a courier company and the expenses for it shall be borne by the Consumer unless otherwise provided in these General Terms and Conditions.
Art. 18. The Supplier in the Impas56 platform undertakes to observe all the requirements set in the Bulgarian legislation as regards the labelling, advertising and sale of the goods sold.
VII. CONTRACT PERFORMANCE
Art. 19. (1) The Supplier in the Impas56 platform may organize the delivery and handover of the goods to the User by a relevant courier within the period set upon the conclusion of the contract.
Art. 20. (2) If the period under par.1 has not been expressly agreed between the parties upon the conclusion of the contract, the Supplier shall organize the delivery and handover within a reasonable period but no later than 30 days.
Art. 21. (1) The User must inspect the goods at the time of delivery and handover and should it fail to meet the requirements, notify the Supplier immediately to that effect.
(2) If the User fails to notify the Supplier pursuant to par.1, the goods shall be considered approved as meeting the requirements with the exception of any hidden defects.
Art. 22. The Supplier in the Impas56 platform shall provide the necessary service for the goods.
Art. 23. All cases not provided for in this article shall be governed by the rules of commercial sale as determined in the Commerce Act and the Consumer Protection Act.
Art. 24. The Supplier on the Impas56 platform shall send, at any time, e-mail messages to the User or Consumer while the User or Consumer has its registration in the Supplier’s e-store in the Impas56 platform subject to their express consent.
Art. 25. (1) At any time, the Supplier in the Impas56 platform shall be entitled to require from the User to prove his/her identity and verify the truth of each circumstance and personal data declared at the time of registration.
(2) If, for some reason, the User has forgotten or lost its name and password, the Supplier on the Impas56 platform shall be entitled to perform the relevant actions to assist the User in restoring them.
VIII. AMENDMENT OF AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 26. (1) These General terms and Conditions may be amended by the Supplier on the Impas56 platform, of which the latter shall duly inform all registered Users.
(2) The Supplier in the Impas56 platform and the User agree that any addition to and amendment of these General Terms and Conditions shall be effective to the User in one of the following cases:
- After his/her express notification by the Supplier in the Impas56 platform and if the User does not declare that he/she rejects them within the 14-day period given to him/her; or
- After their publication on the website of the Supplier in the Impas56 platform and the User not declaring that he/she rejects them within a 14-day period from their publication;
- With their express acceptance by the User at the Supplier’s website in the Impas56 platform.
(3) The User agrees that all statement by the Supplier in the Impas56 platform in relation to the amendment of these General Terms and Conditions shall be sent to the e-mail address specified by the User upon the registration. The User agrees that the e-mail messages sent according to the procedure in this article need not be signed with an electronic signature to have effect with respect to the User.
Art. 27. The Supplier is publishing these General Terms and Conditions at the website of Impas56 together with all additions and amendments to them.
- IX. TERMINATION
Art. 28. These General Terms and Conditions and the contract between the User and the Supplier in the Impas56 platform shall be terminated in the following cases:
- Upon the termination or liquidation or insolvency of either party to the contract;
- By the mutual agreement of the parties in writing;
- If there arises an objective impossibility for either party to the contract to perform its obligations;
- If the equipment is seized or sealed by state authorities;
- If the User’s registration in the Impas56 platform is erased. In such cases, the purchase-and-sale contracts concluded but not yet performed shall remain effective and subject to performance.
Art. 29. The Supplier is entitled, at its own discretion, without sending a notification and without owing any compensation, to terminate the contract unilaterally if it establishes that the User is using the Impas56 platform in violation of these General Terms and Conditions, the legislation of the Republic of Bulgaria, the generally accepted moral norms or the generally accepted e-commerce rules and practices.
Art. 30. The User shall indemnify the Supplier for any false declaration of the capacity of “consumer” within the meaning of the Consumer Protection Act.
Art. 31. The Supplier shall not be liable for any damages arising from a force majeure, accidental events, problems on the Internet, technical or other objective reasons including orders from the competent state authorities.
Art. 32. (1) The Supplier shall not be liable for any damages caused by the User to third parties.
(2) The Supplier shall not be liable for any material or non-material damages consisting in loss of profit or damages caused to the User as a result of using the Impas56 platform or for the time during which the platform was not available.
(3) The Supplier shall not be liable for any damages from comments, opinions and publication below the products, news and articles in the Impas56 platform.
Art. 33. (1) The Supplier shall not be liable in case of a breach through the security measures of the technical equipment and a subsequent loss of information, dissemination of information, access to information, limited access to information or any similar consequences.
(2) The Supplier shall not be liable in case of the conclusion of a purchase-and-sale contract, granting access to information, loss or change of data as a result of a false proving of identity by a third party pretending to be the User, if it can be judged from the circumstances that such person is the User.
- OTHER PROVISIONS
Art. 33. (1) The User and the Supplier in the Impas56 platform shall mutually protect their rights and legal interests and keep their trade secrets which they became aware of in the process of performing the contract and these General Terms and Conditions.
(2) The User and the Supplier shall not, during and after the expiry of the contract period, make public any written or oral communications between them. Making public includes the publication of correspondence in print and electronic media, online forums, personal or public websites, etc.
Art. 34. In case of conflict between these General Terms and Conditions and any arrangements in a special contract between the Supplier in the Impas56 platform and the User, the clauses of the special contract shall prevail.
Art. 35. The invalidity of any of the provisions of these General Terms and Conditions shall not make the entire contract invalid.
Art. 36. (1) All matters not provided for in this contract and related to its performance and interpretation shall be governed by the laws of the Republic of Bulgaria.
(2) The User shall be entitled to submit all disputes with the Supplier as regards the performance of this contract to the alternative out-of-court dispute resolution platform (ODR) accessible at https://webgate.ec.europa.eu/odr/main/?event=main.home.show. Where an agreement cannot be reached to resolve the dispute out of court, the parties may submit the dispute for its resolution by the competent Bulgarian courts and the Commission for Consumer Protection.
Art. 37. These General Terms and Conditions shall become effective for all Users on 01.08.2018.
Annex No.1 – Standard form for exercising the right to withdraw from the contract
STANDARD FORM FOR EXERCISING THE RIGHT OT WITHDRAWAL
/ Merchant’s name /
/ Address, UIC /
I would like to inform you hereby that I am withdrawing from the contract that I concluded for the purchase of the following good/services:
…………………………………………………. / Product description /
The gods were ordered on ………………….
The gods were ordered on …………………. / Please indicate the date of receipt by the consumer /
………………………………………………………………………../ Consumer’s name /
Place……………………………………………………………. / Consumer’s address /
/ Date / / Consumer’s signature /
Annex No.2 – Information about exercising the right to withdraw from the contract
Standard withdrawal instructions:
- The right to withdraw from the distance contract or the contract outside the commercial outlet.
- You are entitled to withdraw from this contract without stating any reason for that, within 14 days.
- The withdrawal period is 14 day from the date on which you or a third party different form the carrier and indicated by you came into possession of the goods.
To exercise your right to withdrawal, you must also inform us at the contact details specified at Impas56 about your decision to withdraw from the contract by an unambiguous statement (for instance a letter sent by post or by e-mail).
You may use the enclosed standard withdrawal form but this is not obligatory. You may also fill in and submit electronically the standard withdrawal form or another unambiguous statement at our website Impas56. If you use this option, we shall immediately send you on a durable medium (for instance by e-mail) a message confirming the receipt of your withdrawal.
We expect you to send us or return the gods to us without any undue delay and in all cases no later than 14 days after the day when you informed us about your withdrawal from this contract
This period shall be deemed observed if you send us back the goods before the expiry of the 14-day period.
We have the right to postpone the refund of payments until we receive back the goods or until you present to us proof that you have sent the goods back depending on which of the two occurred earlier.
If you withdraw from this contract, we shall refund to you all payments that we received from you. You must bear the direct expenses for the return of the goods.