GENERAL TERMS OF USE

Please read carefully the present terms and conditions for using the online store WWW.BABINARAKLA.BG!

If you have any questions and need more information, please contact us at +359887444322 or e-mail: info@babinarakla.bg.

The present terms and conditions of use of the e-shop WWW.BABINARAKLA.BG govern the relations between the owner of the e-shop - "GIFT GUIDE BULGARIA" Ltd. and the users regarding the use of the website, as well as the concluding of contracts with the users of the site regarding the sale and purchase of goods offered for sale in the online store.

I. GENERAL

1. Legal definitions of the terms used in the general terms and conditions for using the e-shop, in accordance with national and European legislation.

1.1. "Consumer" means any natural person who acquires goods or services that are not intended for carrying out a commercial or professional activity, and any natural person who, as a party to a contract under this Act, acts outside the scope of his commercial or professional activity.

1.2. "TRADER" means any natural or legal person who sells or offers for sale goods, provides services or concludes contracts with a consumer as part of his business or professional activities in the public or private sector, as well as any person acting on his behalf and at his own expense.

1.3. "Sales contract" is a contract under which the trader transfers or undertakes to transfer the ownership of the goods to the consumer and the consumer pays or undertakes to pay the price for them, including the contracts having as their object goods and services as well.

1.4. "Supplier" means any natural or legal person in the supply chain of a commodity who by occupation transfers ownership or establishes or transfers other real rights in the goods in favor of another supplier or trader, or who concludes a contract with a consumer in the public or private sector.

1.5. "Goods" is a movable tangible property, with the exception of the items sell under enforcement or through other measures by bodies empowered by law, as well as items abandoned or forfeited in favor to the State, declared for sale by public authorities.

1.6. "E-shop" is an Internet site through which the sale of goods / services is carried out by concluding a distance contract under Art. 45 of the Consumer Protection Act, which has built-in functionality for selecting, including and excluding goods / services in a shopping cart, entering customer information, delivery address and choosing a payment method.

1.7. An "order" is a request made by a User to the e-shop to purchase one or more specific goods.

1.8. "Selling Price" means the final price for a piece or for a certain quantity of a good or service, that included the value added tax and any additional taxes and fees.

II.DATA OF THE OWNER OF THE ELECTRONIC SHOP AND INFORMATION ABOUT THE SUPERVISORY BODIES

2. "GIFT GUIDE BULGARIA" Ltd, UIC: 205208943, having its registered office and registered address: Sofia, bul. Lulin, No146, ap. 71, with VAT identification number: BG 205208943, hereinafter referred to as the TRADER and the owner of the website, namely: www.babinarakla.bg, for the purpose of establishing virtual contacts between sellers and potential buyers - consumers / customers. These Terms and Conditions also govern the rights and obligations of users of the above website.

2.1. Supervisors:

(1) Commission for Protection of Personal Data

Address: 1592, Prof. Tsvetan Lazarov ” № 2,

Phone: (02) 940 20 46

fax: (02) 940 36 40

Email: kzld@government.bg, kzld@cpdp.bg

Website: https://www.cpdp.bg/

2.2. Consumer Commission

Address: 1000A Sofia, 4A Slaveykov Square, fl.3, 4 and 6,

Phone: 02/980 25 24

fax: 02/988 42 18

hotline: 0700 111 22

Website: https://kzp.bg/

III. SUBJECT OF THE CONTRACT

III. SUBJECT OF THE CONTRACT

3. "GIFT GUIDE BULGARIA" Ltd. provides to the consumers the opportunity to use an online shopping platform by the method of collective shopping through its website www.babinarakla.bg under the terms of a distance sales contract within the meaning of Art. 48 et seq. of the Consumer Protection Act.

IV. INFORMATION ABOUT THE GOODS AND SERVICES PUBLISHED ON WWW.BABINARAKLA.BG

4. GIFT GUIDE BULGARIA Ltd publishes at http://www.babinarakla.bg, a description of the main characteristics and image of each good, the sale price, VAT included, information on the ways of payment and performance of the contract, on the right of the User who is one within the meaning of the Consumer Protection Act and the conditions and manner of its exercise, as well as period for which the offer and price made remain valid. BABINARAKLA.BG reserves the right to send to the User messages related to new products and services, promotions and / or changes in terms and conditions of delivery of the goods provided and any other information published on the website www.babinarakla.bg.

4.1. The products published in the e-shop www.babinarakla.bg do not represent a legally binding offer, but rather an online catalog for demonstration of the product range at www.babinarakla.bg.

4.2. By using the resources of the site www.babinarakla.bg, the User accepts and undertakes to comply with these General Terms and Conditions.

V. ORDERS

5. By loading the title page, the User is given the opportunity to get acquainted in detail with a published offer concerning the purchase and sale of the offered goods.

5.1. Visible on the title page The user can get acquainted with the data of the company, which maintains the website, as well as the data of the third party offering the respective product or service.

5.2. The TRADER accepts orders through the website WWW.BABINARAKLA.BG, 24 hours a day and 7 days a week. Upon successful ordering, the User receives an automatic confirmation via e-mail. Orders received are executed within 3 business days of their receipt in the system. When ordering handmade products, as well as depending on the quantity of the order, the delivery time may be extended, taking into account the technological production time.

5.3. By clicking the ORDER button, Consumers agree to purchase the goods contained in the virtual shopping cart accessible through the link on the homepage of the e-shop www.babinarakla.bg. This action is legally binding and is equivalent to a contract of sale. The purchase can be made both after explicit registration of the site and without registration. Registration of the site is free and has no contractual character.

 5.4. Upon registration, the User fills in the registration form in the system of the site www.babinarakla.bg, through which the User, using the offered goods, can benefit from preferential discounts. In the registration form he fills in his data. Upon registration, the user gets access to his profile in the system of the site, where there is information about his orders.

5.5. WWW.BABINARAKLA.BG may request re-confirmation of the order and additional delivery information by telephone, fax or e-mail. In the event that the information requested above is denied, this automatically results in the cancellation of the order with or without further notice.

5.6. The purchase order is accepted by BABINARAKLA.BG by sending a message to the e-mail box for correspondence with the User, which contains: information about the main characteristics of the requested product, its selling price, the payment method chosen by the User, etc.

5.7. The identification of the User in the order to reproduce his statement both for acceptance of the General Terms and for the order made is made through the data stored in the log files on the server at www.babinarakla.bg, data - the IP address of the user / client, as well as any other information, as well as by installing the User's hard disk on the so-called. cookies - small text files for online identification.

5.8. The TRADER reserves the right to refuse delivery of a confirmed order in case the goods are not available at the time of order processing. In case the stock of the goods ordered is exhausted, the TRADER notifies the user / customer by sending a message to the email address specified by the customer or to the specified telephone number within 3 working days. If the amount due for the delivery has been transferred to the TRADER's account, the customer has the right to choose between refunding the value of the particular goods, cancellation of the order or substitute order.

5.9. After the conclusion of the contract, the user receives a message - confirmation of the conclusion of the contract.

5.10. By accepting these Terms and Conditions, the user agrees his personal data to be processed for the purposes of the sales contract.

VI. PRICES AND PAYMENT METHODS

6. All prices in the online shop WWW.BABINARAKLA.BG are in Bulgarian levs, VAT included. The prices of the goods are final and include all taxes and fees, excluding the delivery price, which is indicated separately also in Bulgarian leva, VAT included and is visible before the final order is sent. In some cases, gift wraps or other extras to the products may be subject to an additional charge, with additional value being charged after explicit choice by the consumer.

6.1. The TRADER reserves the right to change the content of the site, including the prices of goods and services at any time and without express warning. These changes shall not affect any orders already made and confirmed, which will be fulfilled under the conditions current at the time of confirmation of the respective order.

6.2. When purchasing services, by pressing the virtual button "Order", paying for the service and receiving a courier or postal item with the relevant goods, the service contract is considered to be fully executed by GIFT GUIDE BULGARIA LTD and the user is considered informed and agree that from that moment he can no longer invoke his right of refusal within the meaning of the LPP Art. 50 - 56.

VII. ORDER REFUSAL

7. Consumer, within the meaning of the Consumer Protection Act, according to Art. 50-56, has the right to withdraw from the concluded contract if it has not given its explicit written consent for the start of the performance of the contract for the provision of services by "GIFT GUIDE BULGARIA" Ltd., by pressing the "Order" virtual button again, which is displayed after acceptance of these Terms and Conditions.

VIII. DELIVERY, RECLAMATION AND DELIVERY REFUSAL

8. Goods ordered through the WWW.BABINARAKLA.BG Online Store are delivered by courier. The courier for the territory of Bulgaria is Speedy and Econt. Shipping prices are as follows: Shipment of goods abroad is made with an individual offer for the cost of delivery, after explicit written confirmation of the customer (by e-mail, fax, etc.).

8.1. Delivery time for goods ordered through the online store is three to five business days from the day following the day the order is shipped. Express orders within the city of Sofia, dispatched by 1 pm, will be fulfilled the next day. WWW.BABINARAKLA.BG Online Store reserves the right to extend the above time limits by up to seven working days.

8.2. Upon receipt of the shipment, the user must check the contents of the product conformity package with the order.

8.3. In case of any defects in the appearance of the goods which happened during the transport, you should contact the courier for a damaged shipment protocol.

8.4. When delivering the goods, the consumer or a third party signs the accompanying documents, which certify the exact fulfillment of the order. Anyone who is not the holder of the application but who is located at the address specified by the user and accepts the goods on behalf of the customer, is considers as a third party.

8.5. If it is not possible to return the shipment at the first visit due to the absence of the customer or any other reason, independent of the TRADER or the courier service, the courier leaves a notice indicating the telephone number to which the recipient should call within three working days for to specify a new time for delivery. In the event that on subsequent visit the client is not discovered at the specified address or the access and conditions for delivery of the order are not provided, the TRADER shall be released from his obligation to deliver the goods / goods requested.

8.6. Consumers have the right to refuse the goods received within 14 calendar days of receiving the goods in case they were not used except for a test; the integrity of their packaging was not damaged and the commercial appearance in which it was received is preserved according to the conditions under 55 of the LPC. In the case of a disturbed commercial appearance, a price rebate will be applied or the termination of the distance contract will be refused.

IX. RETURN OF GOODS

 9. If a defect of a product is found within 24 hours of its receipt and in the case of a preserved commercial appearance of the goods and packaging, Gift Guide Bulgaria LTD undertakes to replace the product with a new one or to recover the value of the goods paid by the customer in accordance with Art. 55 of the CPA as of the date on which the client exercised his right of withdrawal. The transportation and other costs of receiving and returning the goods are at the expense of Gift Guide Bulgaria LTD. In case of non-compliance of the goods with the characteristics stated on the site babinarakla.bg, the supplier reimburses all the amount paid by the user, including the transportation costs paid by the user for acquiring the goods in accordance with Art. 59, para. 3 of the CPA and within 14 calendar days of receipt of the goods and undisturbed commercial appearance of the goods and packaging.

X. INABILITY TO RETURN THE GOODS

     10. According to Art. 57 of the Consumer Protection Act, Consumers are not entitled to exercise their right to return purchased goods when it concerns:

     10.1.  For the supply of goods, the price of which depends on fluctuations in the financial market which cannot be controlled by the Supplier;

     10.2. For the delivery of goods, custom-made to the User or tailored to his individual requirements.

     10.3. For the supply of consumable goods which cannot be returned due to the fact that their use impairs their integrity or for reasons of hygiene or health protection. These are items that are subject to rapid deterioration or are likely to deteriorate their characteristics such as, but not limited to: food, beverages, cosmetic products.

  XI. WARRANTIES

     11. The TRADER warrants that all products offered in the WWW.BABINARAKLA.BG Online Store are new and unused, in original packaging, when provided by the manufacturer. The goods will be packed in a transportable form.

11.1. The TRADER provides a guarantee for purchased goods if the manufacturer of the goods provides warranty service. Most items on the WWW.BABINARAKLA.BG Online Store are handmade and subject to the manufacturer's warranty. Further information on the warranty of goods can be obtained by e-mail info@babinarakla.bg or telephone +359887444322.

11.2. The warranty shall be void in the event of damage caused by improper transportation and storage, misuse and / or attempt to rectify defects or modifications by unqualified persons.

XII. RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE USER / CUSTOMER

12. The user / client has the right to browse the product catalog of the online store WWW.BABINARAKLA.BG, to register for free on the site and to order goods and / or services, with or without registration.

12.1. The user / client is entitled to receive information about the status of their order.

12.2. Provide accurate and valid email address/ telephone for correspondence.

12.3. To pay the price of the goods claimed by him.

12.4. The user has the right of online access to babinarakla.bg, subject to the conditions and access requirements set by GIFT GUIDE BULGARIA LTD.

12.5. To Take all care and take all reasonable steps required to protect his password.

 12.6. To notify babinarakla.bg immediately in the event of unauthorized access to its e-mail, as well as in the likelihood of such access.

 12.7. Not violate other's property or non-property rights, absolute or relative rights and interests, such as property rights, intellectual property rights, etc.

12.8. To observe the Bulgarian legislation, the applicable foreign laws, the rules of morals and good morals and the Internet ethics when using the services provided by WWW.BABINARAKLA.BG.

12.9. To notify the TRADER of any case of committed or discovered infringement when using the provided services.

12.10. To not download, send, transmit, distribute, or use in any way whatsoever, and not make available to third parties software, computer programs, files, applications or other materials containing computer viruses, unauthorized remote control systems ("Trojans" "), computer codes, or materials designed to interrupt, obstruct, disrupt, or restrict the normal functioning of computer hardware or software or telecommunications facilities, or intended for unauthorized intrusion or access in foreign resources or software.

 12.11. Do not submit bogus or invalid requests or other incorrect information.

12.12. By accepting these Terms and Conditions, the User agrees to receive unsolicited commercial communications from babinarakla.bg.

 12.13. To notify babinarakla.bg immediately of any case of committed or discovered infringement while using the store.

12.14. To not interfere with the proper operation of the system, including, but not only to stop the procedure for identifying another User, not to realize access outside of the provided, not prevent other Users from using the store, and not to use the store under a way that causes a denial of service.

12.15. To not retrieve, by technical resources or way, information resources or parts of information resources belonging to the databases located at babinarakla.bg and thus do not create their own database in electronic or other form.

12.16. To not impersonate another person or representative of a legal entity or group of people who he is not authorized to represent or otherwise to mislead third parties about his identity or affiliation with a particular group of persons.

12.17 To not commit malicious acts within the meaning of these Terms and Conditions. In case of non-compliance with the obligations under the previous subparagraph, GIFT GUIDE BULGARIA LTD has the right to immediately and without prior notice suspend the access of the User and third parties to the e-shop, as well as the right to compensation for all damages and missed benefits, which are direct and immediate. a consequence of the User's failure to fulfill the obligations under the preceding paragraph. In such cases, GIFT GUIDE BULGARIA Ltd has the right to bring a complaint to the competent state authorities for finding the respective violation.

12.18.To indemnify the TRADER and all third parties for any damages and lost profits, including legal costs and attorneys' fees arising from claims and / or benefits paid by third parties in connection with websites, hyperlinks, materials or information that the User has used, has placed on the server, had sent, distributed, made available to third parties or made available through / the site name  / in violation of the law, these General Terms, Good morals or the Internet Ethic;

XIII. RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE OWNER OF THE ELECTRONIC SHOP / TRADER

13. GIFT GUIDE BULGARIA LTD undertakes not to disclose any personal information about the consumer and not to provide the collected information to third parties - state bodies, commercial companies, individuals, etc., unless it has received the explicit written consent of the user, or the information is requested by authorized state bodies or officials.

13.1. GIFT GUIDE BULGARIA Ltd. collects and uses the information for users only for the purposes stipulated in these General Terms and Conditions.

13.2. "GIFT GUIDE BULGARIA" Ltd. has the right to install cookies on the computers of the User - small text files, which are saved from the Website through the Internet server on the hard disk of the User and enable the recovery of information about the User by identifying it and to track his actions.

13.3. GIFT GUIDE BULGARIA LTD has the right to place electronic links to other Internet sites and resources and advertising banners for the sale of goods and provision of services by third parties, including electronic references and advertising banners pointing to websites outside the control of GIFT GUIDE BULGARIA LTD who reserves the right to place electronic links and advertising banners pointing to web sites outside the control of GIFT GUIDE BULGARIA LTD.

13.4. GIFT GUIDE BULGARIA LTD has the right to send unsolicited commercial messages to the User in order to offer information and advertisements about its own or other goods and / or services offered by other TRADERs, as well as to make inquiries on various issues, to conduct surveys and other.

13.5. The TRADER, upon receipt of the payment, undertakes to transfer to the consumer / client the property of the goods claimed by him, to deliver the order on time, to check for technical order of each item before it is shipped (in case this is possible without breaking the integrity of the package).

13.6. The TRADER is not responsible for damages caused to the software, hardware or telecommunication equipment, or for loss of data arising from materials or resources, sought, loaded or used in any way through the services provided.

13.7. The TRADER is not responsible for any inaccuracies in the information provided by the manufacturer about the goods.

13.8. The TRADER shall not be liable for failure to perform its obligations under this Agreement in the event of circumstances that the TRADER did not foresee and was not obliged to anticipate - including accidental events, problems in the global network, beyond the control of www.babinarakla.bg (hardware or software problem, problem with internet connectivity and in the provision of services beyond the control of the TRADER.

13.9. The TRADER is not liable for any damages or losses incurred by consumers as a result of using third-party sites that may be accessed through the online store www.babinarakla.bg.

13.10. GIFT GUIDE BULGARIA LTD undertakes to ensure quality access to its information resources, to take due care in the fulfillment of its obligations.

XIV. PERSONAL DATA UNDER THE PERSONAL DATA PROTECTION LAW

14. The TRADER through his e-shop is obliged to protect the security of personal data in accordance with the Law on Personal Data Protection.

14.1. The TRADER has the right to collect and use information about its Users when they submit an online order - special registration is NOT required. The information by which the Store User / Customer can be identified may include name, surname, last name, address, telephone, e-mail address for correspondence and any other information that the Customer voluntarily provides when submitting an online order. The TRADER does not use your personal data for email / sms marketing and the related to it e-mail addresses, telephones, the method of collection (subscription) and their storage. GIFT GUIDE BULGARIA LTD uses only your name, telephone number and delivery address, which is usually a courier's office, not a personal one. By submitting an online order, you consent to the use of your personal data, which is used only for the specific delivery. This data is stored for a limited time and can be deleted immediately at your request after delivery.

14.2. Processing of information / personal data for Client - GIFT GUIDE BULGARIA Ltd takes due care and responsibility for the protection of information about the Client, known to him in connection with the purchase and sale of goods through the store - subject of these General Terms and Conditions, except in cases of insurmountable force or accidental event. In the form that is filled in by the Client upon order, GIFT GUIDE BULGARIA LTD indicates the obligatory or voluntary nature of the submission of the data and the consequences of refusal to provide it. By agreeing to these General Terms and Conditions, the Client agrees the information about him to has been processed in the order stipulated in them. The restrictions shall not apply in case the Client or persons under his control have committed malicious acts within the meaning of these General Terms and Conditions or violated rights or legitimate interests of third parties. In this case, GIFT GUIDE BULGARIA LTD has the right to provide personal information about the Client to the relevant competent state bodies in accordance with the applicable legislation.

14.3 GIFT GUIDE BULGARIA LTD collects and uses the information for the purposes stipulated in these General Terms and Conditions, as well as for the provision of new goods and / or services to the Client (free or paid), for the offering of goods offered by other people and / or services, for promotions, for organizing raffles, inquiries, surveys, for adjusting the services offered to the preferences of the portal member, for statistical and other purposes.

14.4. By accepting these Terms and Conditions, the Client agrees to the processing of his personal data for the purposes of direct marketing. The Client has the right to object to the processing of his / her personal data for the purposes of direct marketing by sending a written message to the email of babinarakla.bg.

14.5. By accepting these General Terms and Conditions, the Client is considered to be notified within the meaning of Art. 34a, item 3 of the Law on Protection of Personal Data that its personal data may be disclosed to third parties in compliance with the current legislation or used on their behalf for the purposes of direct marketing, and may at any time object to such disclosure or usage by sending a written notice to babinarakla.bg.

14.6. All the purposes described above for which the information may be used are not exhaustively listed and do not give rise to obligations of the TRADER. Any other purposes for which the information is used will be in accordance with the Bulgarian legislation, the applicable international acts, Internet ethics, the rules of morality and good morals.

XV. TERMINATION OF THE CONTRACT

15. Except in the cases provided for in these General Terms and Conditions, the contract between the parties shall be terminated upon any of the following circumstances:

15.1. Discontinuation of the activity of GIFT GUIDE BULGARIA LTD.

15.2. Suspension of store maintenance.

15.3. In other cases, provided for by law.

15.4. Dispute settlement. All disputes between the parties shall be settled in a spirit of understanding and good will. In the event that an agreement is not reached, all outstanding disputes arising from or relating to the contract between the parties, including disputes arising out of or concerning its interpretation, invalidity, performance or termination, as well as disputes to fill in gaps in the contract or its adaptation to a new appeared circumstances will have been settled by a court of competent jurisdiction.

15.5. For the issues not settled by these General Terms and Conditions, the provisions of the effective legislation of the Republic of Bulgaria shall apply.

XVI. INTELLECTUAL PROPERTY RIGHT

16. Intellectual property rights. Intellectual property rights over all elements and resources located on the e-commerce website WWW.BABINARAKLA.BG are subject to protection under the Copyright and Related Rights Act, owned by GIFT GUIDE BULGARIA LTD.

16.1. The Client's right of access does not include the right to copy or reproduce information and to be used objects of a intellectual property, unless it is a minor volume of information intended for personal use, provided that the legitimate interests of the authors are not unduly prejudiced or other holders of intellectual property rights and in the case of non-commercial copying or reproduction. Notwithstanding the foregoing, the Client shall not have the right to remove the trademarks and other intellectual property rights from its available resources, whether the holder of the respective rights is GIFT GUIDE BULGARIA LTD or a third party.

16.2. Copyright and other intellectual property rights in materials contained on the information platform on the site WWW.BABINARAKLA.BG, together with their designs and images, belong to GIFT GUIDE BULGARIA Ltd, and are under the protection of the national and international legislation in force in the field of intellectual property.

16.3. Should any of the terms of these General Terms and Conditions become invalid by a court decision, the remainder of the General Terms and Conditions shall remain in force.

These General Conditions have been drawn up in accordance with Regulation (EU) 2016/679.