GENERAL TERMS AND CONDITIONS OF ONLINE SHOP
- DETAILS REGARDING THE SUPPLIER
Art. 2 (1) In accordance with The Electronic Commerce Act and the Consumer Protection Act the website pegasus-feather.com is managed by “Coin Secretary” EOOD, entered in the The Trade Register and the Register of Non-Profit Legal Entities with UIC 205100348, with registered seat and address of management in Sofia, 1000, 18A Angel Kanchev Str., fl. 1, apt. 1.
(2) Mailing details:
Sofia, 1000, 18A Angel Kanchev Str., fl. 1, apt. 1.
Tel.: +359 884 255 995
(3) Entry in public registers: UIC 205100348.
(4) Supervisory authorities:
- Personal Data Protection Commission
Address: Sofia 1592, 2 Prof. Tsvetan Lazarov
tel.: 02 / 91-53-518
fax: 02 / 91-53-525
- Consumer Protection Commission
Address: Sofia 1000, 4A Slaveykov Square, floor 3, 4 and 6
tel.: 02/933 05 65
fax: 02/988 42 18
User line: 0700 111 22
(5) Registration under the Value Added Tax Act: ……
Art. 3. For the purposes of these Terms and Conditions, the following definitions are used:
- Website: a set of websites with a common home page that loads in your browser when you type the email address pegasus-feather.com.
- Supplier – a natural/legal person providing goods and/or services through the website.
- User – any person who has entered the web address or reached the website by redirecting from another website in order to make purchases of goods electronically.
- User’s profile (Account) – a section of the website formed by an email address and a personal password allowing the user to request an order containing complete basic information about the history of his actions on the website (orders, order movements, etc.)
- Order – an electronic document representing a communication form between the Supplier and the User through which the User declares to the Supplier through the website the intent to purchase goods and/or services from the website.
- Distance sale contract – The distance contract concluded between the Supplier and the User for the purchase and sale of goods and/or services from the online shop, integral part of which are the present General Terms and Conditions. Each individual order is a separate distance sales contract.
- Specifications – All characteristics and/or descriptions of the goods and services as described in their description, and all characteristics of the Online shop.
- SPECIFICATIONS OF THE ONLINE SHOP
Art. 4. The online shop of “Coin Secretary” EOOD is available at pegasus-feather.com, for trading with jewelery made of base alloys, hereinafter referred to as “THE GOODS”, through which the Users are able to conclude distance sale contracts and delivery of the goods offered by the Supplier in the online shop, including the following:
- To register and create an account for reviewing the Supplier’s e-shop and using the additional information services;
- To review the goods, their characteristics, prices and delivery terms;
- To conclude with the Supplier distance sale contracts and delivery of the goods offered on the online shop’s website;
- To make any payments in relation to the contracts concluded through the online shop with e-payment methods available on the site;
- To receive information about new goods offered by the Supplier in the online shop;
- To make electronic statements regarding the conclusion or performance of contracts with the Supplier through the interface of the Internet website of the online shop, available at pegasus-feather.com;
- To be informed of the rights deriving from the law, primarily through the online shop interface on the Internet.
Art. 5. The Supplier shall arrange the delivery of the goods and guarantees the rights of the Users provided for by the law within good faith, the criteria and conditions adopted in the practice, consumer or commercial law.
Art. 6 (1) The Users shall conclude with the Supplier a distance sale contract for the goods at pegasus-feather.com. The contract shall be concluded in Bulgarian and/or in English language and is stored in the Supplier’s database.
(2) In order to conclude the contract, the User shall place an order after choosing from the catalog of the site a specific item and its number.
(3) By virtue of the contract concluded with the Users on the purchase and sale of goods, the Supplier undertakes to organize the delivery and transfer of the ownership to the User that he has assigned by the interface in the platform. The Users are entitled to correct mistakes when entering information, no later than the date of the delivery of the contract with the Supplier.
(4) The Users shall pay to the Supplier remuneration for the delivered goods in accordance with the terms and conditions set forth in the e-shop site and these General Terms and Conditions. The remuneration is in the amount of the price announced at the online shop.
Art. 7 (1) The User and the Supplier in the online shop agree that all statements between them in connection with the conclusion and execution of distance sale contract can be made by electronic means and by electronic statements within the meaning of the Electronic Document Act and electronic signature and art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site are made by the persons mentioned in the data provided by the User in making the registration if the User has entered the respective access name and password.
- REGISTRATION FOR USE OF THE ONLINE SHOP
Art. 8 (1) In order to use the e-shop and to conclude distance sale contracts of goods, the User shall enter name and password for remote access chosen by him, thus creating his own account in the platform of the Supplier’s website, accepting these terms and conditions.
(2) The name and password for remote access shall be determined by the User by making an online registration on the Supplier’s website in accordance with the procedure specified therein.
(3) By filling in his data and declaring that he is familiar with these terms and conditions, the User agrees with their content and undertakes to comply unconditionally with them.
(4) The Supplier confirms the order made by the User by email. An account of the User is created, and a contractual relation arises between the User and the Supplier.
(5) When making the registration or the order, the User undertakes to provide correct and up-to-date data. In case of change, the User is obliged to update the data specified in his registration or order in a timely manner.
- CONCLUSION OF A CONTRACT
Art. 9. The Users use the interface on the Supplier’s website in the online shop to enter into distance sale contracts for the goods that are offered.
Art. 10. The Users conclude the distance sale contract of the goods of the Supplier under the following procedure:
- Logging into the system for orders at the website pegasus-feather.com
- Selecting one or more of the goods offered by the Supplier and adding them to the “basket”, containing a list of goods for purchase, indicating the amount of the goods;
- Providing the necessary data for individualization of the User as a party to the contract;
- Providing delivery details;
- Confirming the order;
- Paying the due price of the order;
VII. CONTENT OF THE CONTRACT
Art. 11 (1) The Supplier and the Users shall conclude separate distance sale contracts of the goods, requested by the Users, regardless of the fact they are chosen with one electronic statement and from one list of goods for purchase.
(2) The Supplier may organize together and at the same time the delivery of the goods ordered with the individual distance sale contract.
(3) The rights of the Users in connection with the supplied goods shall be exercised separately for each purchase contract. The exercise of rights in relation to a delivered good does not affect and has no influence on the distance sale contract of the other goods.
(4) In case that the User is in the capacity of a Custumer, within the meaning of the Consumer Protection Act, Section VIII of these General Terms and Conditions shall apply.
Art. 12. Upon exercising the rights under the contract for sale and purchase, the User is obliged to indicate precisely and unambiguously the contract and the goods in respect of which the rights are exercised.
Art. 13. The user shall pay the price for the separate distance sale contracts at once in the total amount when ordering the goods, by making a bank transfer using the online platform available through the online shop.
VIII. SPECIAL CLAUSES APPLIED TO PERSONS WHO HAVE THE CAPACITY OF CONSUMER UNDER THE CONSUMER PROTECTION ACT
Art. 14. The rules of this Section VII of these General Terms and Conditions apply only to Users for whom, according to the data specified for the conclusion of the purchase contract or for the registration in the e-shop, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011.
Art. 15 (1) The main specifications of the goods offered on the Supplier’s website are specified in the profile of each item.
(2) The value of the postal or transport costs, not included in the price of the goods, shall be indicated by the Supplier and shall be provided as information to the Users in the selection of the goods for the conclusion of the distance sale contract.
(3) The means of payment, delivery and performance of the contract are set out in these General Terms and Conditions and the information provided to the User through the mechanisms at the website.
(4) The information provided to the Users under this Article is current at the time of its visualization at pegasus-feather.com before the conclusion of the contract for sale and purchase.
(5) The Users agree that all information required by the Consumer Protection Act may be provided via pegasus-feather.com or via e-mail.
(6) Discounts, promotions and gifts shall be provided by the Supplier to the Users in compliance with the requirements of the Consumer Protection Act and according to the conditions stipulated by the Supplier via the online shop for the respective goods
Art. 16. The User pays for the ordered goods by making a bank transfer using the online platform available through the online shop.
Art. 17 (1) Upon execution of the order, the User shall be informed of the expenses related to the delivery of the goods, which shall be borne entirely by him. The cost of delivering the goods is determined by the number, volume and weight of the goods ordered, the place of destination of the recipient, the delivery day, and whether the delivery is made to an office of the courier service or to the address pointed by the User.
(2) The terms and costs for delivery of goods outside the territory of the Republic of Bulgaria are specified according to the number, volume and weight of ordered goods, location of the recipient, day of delivery, as well as whether delivery is made to a courier office or to a Supplier address.
Art. 18. The delivery of the goods shall be made to an address indicated by the User or to the office of the courier services provider DHL.
Art. 19 (1) The User has the right, without indemnity or penalty and without giving any reason, to cancel the concluded contract within 14 days from the date of receipt of the goods through the uniform refusal form available on the website of the Supplier and in Appendix 1 to these General Terms and Conditions. Information on the exercise of the right of withdrawal is available also in Appendix 2 to these General Terms and Conditions.
(2) The right of withdrawal under para. 1 shall not apply in the following cases:
- for the delivery of custom-made goods or ordered for any individual requirements;
- for goods received as a gift or as a supplement from a promotional campaign;
- for the provision of services where the service has been fully provided and its execution has begun with the explicit prior consent of the User and confirmation by the User that he knows that he will lose his right of withdrawal once the contract has been fully executed by the Supplier;
(3) The User may exercise the right to withdraw from the Contract with the Supplier by making a written statement to the Supplier through the standard withdrawal form available at the online shop’s website and in Appendix 1 to these Terms and Conditions.
(4) All the goods sold shall be subject to the warranty obligations provided by the law. The warranty period stipulated by the law is 24 months from the date of signing the contract. The warranty does not apply in the event of damage and failure resulting from natural wear and tear, incorrect use (fitting) as well as due to non-observance of the operating rules or due to negligence. The warranty also does not apply if the User has repaired a spare part by himself or the repair has been performed by a specialist unauthorized by the Supplier and as a result of the repair the defect found has become even more apparent. On a warranty basis, the User has the right, at his choice, to request the Supplier to remedy the defects of the goods or to replace them against a good of a quality corresponding to the relevant product specifications. If the remedy selected by the User is related to excessive costs, a similar option will be offered to the User. In case of replacement, the Supplier shall provide a good with the same technical characteristics and quality as the good specifications, if available. In the absence of such good and in the case of consent of the User, the Supplier may substitute for goods with the same specifications, but of higher quality, and the difference in price shall be paid by the User. The rights of the User, in particular the right to terminate the purchase contract, are only applicable after the expiration of the period prescribed for the removal of the defects or in the event of two unsuccessful attempts by the Supplier to compensate for the damage incurred to the User. Upon replacement of a good within the scope of the Supplier’s warranty, a new warranty period for the replaced good shall not be foreseen. If a good offered by the Supplier includes the provision of special warranty cases, this information will
be included in the description of the product concerned, and the warranty applies only to the relevant good.
(5) The User shall enjoy all rights deriving from the legal guarantee under Art. 103a et seq. оf the Consumer Protection Act.
Art. 20 (1) When the User has exercised his right to withdraw from the distance sale contract, they shall return the good to the Supplier in good commercial form and packaging not later than 14 days after receiving the shipment.
(2) All the expenses for returning the goods from the User to the Supplier are entirely at the expense of the User.
(3) The User may use a courier at his discretion to return the goods, all return expenses being entirely at their expense.
(4) The User is obliged to store the goods received from the Supplier and to ensure the preservation of their quality, commercial form and safety during the term under par. 1.
Art. 21. In the event of cancellation of the contract by the User, the Supplier shall refund the amount paid within 14 days after receipt of the returned goods, by bank transfer to a bank account specified by the User and in compliance with the following requirements:
- in case of returned and received by the Supplier good in excellent commercial form, without visible contamination and/or damage resulting from use or other circumstances;
- if there is an attached payment document for the purchase of the goods.
(2) The User shall review the goods for compliance with his order immediately before the courier company official. In case of no objection at this time, it is considered that the User has accepted the delivery as corresponding to his order.
(3) The reimbursement of the amount paid upon withdrawal from the contract under the conditions of para. 1 shall be made only by bank transfer at a bank account specified by the User.
Art. 22 (1) The User shall present the purchased goods for substitution not later than 30 days after receipt and must present a receipt or invoice for the purchased goods.
(2) The Supplier shall have the right to refuse to accept the replacement if he finds contamination or damage to the product and if it has not been returned in its original packaging.
(3) The Supplier shall replace the purchased goods with another of the same type and quality or, in the absence thereof, with a good of choice to the customer for the same value. If the product was in a promotion with a reduced price, the customer is entitled to a replacement with another item at the same price that the customer actually paid to the Supplier.
Art. 23 (1) The orders made at pegasus-feather.com are confirmed, processed and sent by the Supplier within 1 to 3 working days from the day the order was placed.
(2) In the case of an order made on Friday after 2 pm, on Saturdays and Sundays, as well as on official holidays in the Republic of Bulgaria, the processing period under para. 1 runs from the first business day.
(3) The delivery time of the goods is determined for each item individually upon concluding of the contract with the consumer through the website pegasus-feather.com.
(4) In the event that the User and the Supplier have not set a delivery term, the delivery term of the goods shall be from 3 to 10 working days from the date of dispatch of the order.
(5) In the event that the goods are not available in stock at the time of the order, the delivery term shall be specified in addition. The User shall be informed.
(6) In the event that the Supplier cannot fulfill the contract because they do not have the goods ordered, they are obliged to notify the User and reimburse the amounts paid by them.
- IMPLEMENTATION OF THE CONTRACT
Art. 24. The Supplier may arrange the delivery of the goods to the User by a relevant courier within the term specified at the conclusion of the contract.
Art. 25 (1) The User shall review the goods at the moment of delivery and, if they are not in compliance with the requirements to notify the Supplier immediately. In the absence of notification under this Article, the goods shall be deemed to meet the requirements at the time of delivery.
(2) If the User fails to notify the Supplier under par. 1, the product is deemed to have been approved as complying with the requirements, except for hidden defects.
(3) Claims for missing goods or goods with visible defect shall be accepted by the Supplier only if it is made at the time of receipt of the goods and in the presence of a courier who has delivered the goods, which is certified in writing by the signature of the User and Courier.
Art. 26. For the cases that are not settled in this section, the rules governing the sale of goods as defined in the Commerce Act and the Obligations and Contracts Act shall apply.
- PERSONAL DATA PROTECTION
Art. 27 (1) The Supplier shall take measures for the protection of Personal Data of the User in accordance with the Personal Data Protection Act and the General Regulation on the Protection of Personal Data Regulation (EC) 2016/679 (GDPR) and collect, store and process the personal data of the Users and Consumers on the grounds, purposes, terms, and in compliance with the rights of individuals pursuant to the Mandatory Information on Personal Data Protection Rights available at Supplier’s website.
(2) For security reasons of the Users personal data, the Supplier will only send the data to an e-mail address that was designated by the Users at the moment of registration.
(3) The Supplier shall have the right to store data in the End Communication Device of the User, unless the latter explicitly disagrees.
(4) with the explicit consent of the User or the Consumer the Supplier shall have the right to send at any time electronic messages to them, including a newsletter or proposals for the purchase of goods.
(5) The User or the Consumer agrees that the Supplier has the right to collect, store and process data on the User or Consumer behavior when using the Supplier’s e-shop for the purpose of improving the services provided.
Art. 28 (1) At any time, the Supplier shall be entitled to require the User to legitimize and certify the authenticity of each of the circumstances and personal data announced during the registration.
(2) If, for any reason, the User has forgotten or lost his name and password, the Supplier may apply the “Lost or Forgotten Names and Passwords Procedure” available at the Supplier’s website.
- AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 29 (1) These General Terms and Conditions may be amended by the Supplier, for which the latter shall notify in an appropriate manner all registered Users.
(2) The Supplier and the User agree that any addition and amendment to these General Terms and Conditions will have effect vis-à-vis the User in one of the following cases:
- upon his express notification by the Supplier and if the User does not declare in the 14-day time limit that he rejects them;
- after their publication on the Supplier’s website and if the User does not declare in the 14-day time limit of their publication that he rejects them; or
- with his explicit acceptance by the User through his profile on the Supplier’s website.
(3) The User agrees that all statements by the Supplier regarding the modification of these General Terms and Conditions will be sent to the e-mail address indicated by the User upon registration. The User agrees that emails sent pursuant to this Article do not need to be signed with an electronic signature in order to have an effect on him.
Art. 30. The supplier publishes these terms and conditions at pegasus-feather.com together with any additions or amendments thereto.
Art. 31. These General Terms and Conditions and the User Contract with the Supplier shall be terminated in the following cases:
- in case of termination and announcement in liquidation or in bankruptcy of one of the parties to the contract;
- by mutual agreement of the parties in writing;
- in the event of an objective impossibility of any of the parties to the contract to fulfill its obligations;
- in case of seizure or sealing of equipment by state authorities;
- in case of deletion of the User’s registration in the e-shop of the Supplier. In this case, the concluded but not fulfilled purchase contracts remain in force and are subject to enforcement.
Art. 31. The Supplier is entitled at his discretion without giving notice and without due compensation to terminate unilaterally the contract if he finds that the User uses the eshop in violation of these general terms and conditions, the legislation in the Republic of Bulgaria, the generally accepted moral norms or the generally accepted rules and practice in online commerce.
Art. 33. The User undertakes to indemnify and release from responsibility the Supplier upon any lawsuit claims and other claims of third parties (whether reasonable or unreasonable) for all damages and expenses (including attorneys’ fees and legal costs) arising from or in connection with (1) failure to perform any of the obligations under this contract, (2) breach of copyright, production rights, broadcasting rights or other intellectual or industrial property rights, (3) unauthorized transfer of other rights to third parties provided to the User for the term and conditions of the contract and (4) a false declaration of the existence or absence of the capacity consumer within the meaning of the Consumer Protection Act.
Art. 34. The Supplier shall not be liable in case of force majeure, incidental events, Internet problems, courier delay, bank delays, technical or other objective reasons, including orders by the competent state authorities.
Art. 35 (1) The Supplier shall not be liable for damages caused by the User to third parties.
(2) The Supplier shall not be liable for any material or nonmaterial damage resulting from loss of profits or damages caused to the User in the process of using or not using the online shop and concluding distance sales contracts with the Supplier.
(3) The Supplier shall not be liable for the time during which the e-shop was not accessible due to force majeure, technical or other objective reasons, including orders by the competent state authorities.
(4) The Supplier shall not be liable for any damages caused by comments, opinions and publications under the products in the online shop.
Art. 36 (1) The supplier shall not be liable in case of overcoming the security measures of the technical equipment and this shall result in loss of information, dissemination of information, access to information, limitation of access to information and other similar consequences.
(2) The Supplier shall not be liable in case of conclusion of a contract for sale, provision of access to information, loss or change of data occurring as a result of false legitimation of a third person who pretends to be the User if the circumstances show that this person is the User.
XIV. OTHER PROVISIONS
Art. 37 (1) The User and the Supplier in the e-shop shall undertake to protect each their rights and legitimate interests, as well as to protect their trade secrets, which have become known to them during the execution of the contract and these general terms and conditions.
(2) The User and the Supplier undertake, during and after the expiry of the contract period, not to make public written or verbal correspondence between them. Publishing of correspondence in print and electronic media, internet forums, personal or public web sites, etc. can be considered as public.
Art. 38. Invalidity of any provision of these General Terms and Conditions will not invalidate the entire contract.
Art. 39 (1) The laws of the Republic of Bulgaria shall apply to issues not settled in this Contract, related to the implementation and interpretation of this contract.
(2) In the event of no agreement in extrajudicial order, the parties may refer the dispute to the competent Bulgarian courts and the Consumer Protection Commission.
Art. 40. The present Terms and Conditions shall enter into force regarding all Users on ………..
Appendix No 1 – Standard form for exercising the right of withdrawal
(fill in and send this from only if you wish to exercise your right of withdrawal)
– To “Coin Secretary” EOOD, entered in the The Trade Register and the Register of Non-Profit Legal Entities with UIC 205100348, with registered seat and address of management in Sofia, 1000, 18A Angel Kanchev Str., fl. 1, apt. 1.
– I/we* hereby inform that I/we wish to exercise my/our right of withdrawal of the contract for purchase of thefollowing goods:
– Ordered on* / received on*
– Name of the user/users
– Address of the user/users
– Signature of the user / users (only if this form is on paper)
* Cross the extra one.
Appendix No 2 – Information about exercising the right of withdrawal
Standard instructions for withdrawal:
- Right of withdrawal from a distance or outside the commercial site.
- You have the right to withdraw without indicating a reason within 14 days.
III. The period for withdrawal is 14 days as of the date on which you or a third person, different of the carrier and indicated by you, have entered into possession of the goods. In order to exercise your right of withdrawal, you need to inform us on the contact details indicated at pegasus-feather.com and for your decision to withdraw with an unambiguous statement (for example, a letter sent via post or an e-mail). You can use the attached standard form but it is not necessary. You may also fill in and send the standard form electronically or other unambiguous statement for withdrawal at our internet site. If you use
this option, we will immediately send you on a durable carrier (for example, email) a message for confirmation of receiving the withdrawal. In order to keep the term for withdrawal, it is enough to send your message before the expiration of the contract withdrawal.
- Effect of the withdrawal.
If you withdraw, we will reimburse all payments we have received from you, except for costs in relation to a way of delivery, without unreasonable delay and in all cases not later than 14 days as of the day we have been informed about your decision. We will reimburse to a bank account stated by you; in any case, this reimbursement will not bear any costs for you.
We have the right to postpone the reimbursement of the payments until we receive the goods and until you present proof that you have sent them back to us, depending which event has occurred first
You need to bear the direct expenses for returning the goods. The costs are expected not to exceed approximately the amount for delivery or the standard courier service.
You are only responsible for reducing the goods value as a result of their use different from the necessary to identify their nature, characteristics and good functioning.