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Terms and Conditions
I. SUBJECT
Art. 1. The present General Terms and Conditions are intended to regulate the relations between “NEO GENESIS” Ltd., Bulgaria, Burgas, “Meden Rudnik” residential area, Block 243, ground floor, hereinafter referred to as the PROVIDER, and the clients, hereinafter referred to as the USERS, of the online store.
II. PROVIDER’S DATA
Art. 2. Information pursuant to the Electronic Commerce Act and the Consumer Protection Act:
Name of the Provider: “NEO GENESIS” Ltd.
Registered office and management address: Bulgaria, Burgas, “Meden Rudnik” residential area, Block 243, ground floor
Address for conducting activity: Bulgaria, Burgas, “Meden Rudnik” residential area, Block 243, ground floor
Correspondence address: Bulgaria, Burgas, “Meden Rudnik” residential area, Block 243, ground floor
Registration in public registers: UIC BG 206312610
National telephone number: 0700 32 072
Email: shop@stuff.bg
Supervisory authorities:
(1) Commission for Personal Data ProtectionAddress: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.
Tel.: (02) 940 20 46
Fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Commission for Consumer Protection
Address: 1000 Sofia, 4A Slaveykov Sq., floors 3, 4, and 6
Tel.: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg
VAT Registration: BG203207180
III. CHARACTERISTICS OF THE ONLINE STORE
Art. 3. The online store is accessible at www.stuff.bg, through which USERS have the opportunity to conclude contracts for purchase and delivery of goods offered by the ONLINE STORE, including the following:
To register and create a profile for browsing the ONLINE STORE and using additional information services;
To conclude contracts for purchase and delivery of goods offered by the ONLINE STORE;
To make any payments in connection with contracts concluded with the ONLINE STORE, according to the methods of payment maintained by the ONLINE STORE;
To receive information about new goods offered by the ONLINE STORE;
To view the goods, their characteristics, prices, and delivery conditions;
To be informed about rights arising from the law mainly through the interface of the ONLINE STORE website;
To exercise the right of withdrawal from a distance contract for goods offered by the PROVIDER, where the right of withdrawal is applicable.
Art. 4. The Provider delivers the goods and guarantees the rights of the Users provided by law, within the framework of good faith, established practices, consumer or commercial law criteria and conditions.
Art. 5. (1) The Users conclude a contract for the purchase of goods offered by the ONLINE STORE through the Provider’s interface, available on its website or through another means of distance communication.
(2) By virtue of the concluded contract of sale with the Users, the Provider undertakes to deliver and transfer ownership of the goods specified by the User through the interface.
(3) The Users shall pay the Provider remuneration for the delivered goods in accordance with the conditions specified on the ONLINE STORE and in the present Terms and Conditions. The remuneration shall be equal to the price announced by the Provider at the ONLINE STORE website.
(4) The Provider delivers the goods ordered by the Users within the time limits and under the conditions specified on the ONLINE STORE’s website and in the present Terms and Conditions.
(5) The delivery price is determined separately and explicitly from the price of the goods.
Art. 6. (1) The User and the Provider agree that all statements exchanged between them in connection with the conclusion and execution of the sales contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It shall be presumed that the electronic statements made by the Users on the site have been made by the persons indicated in the data provided by the User during registration, if the User has entered the relevant name and password for access.
IV. USE OF THE ONLINE STORE
Art. 7. (1) In order to use the ONLINE STORE for concluding contracts for the purchase of goods, the User must enter a username and password for remote access, in cases where the online store requires registration.
(2) The username and password for remote access are determined by the User through electronic registration on the Provider’s website.
(3) By filling in their data and pressing the “Yes, I accept” or “Register” buttons, the User declares that they are familiar with these General Terms and Conditions, agree with their content, and undertake to comply with them unconditionally.
(4) The Provider confirms the User’s registration by sending a message to the email address indicated by the User, which also contains information for activation of the registration. The User confirms the registration and conclusion of the contract through an electronic link in the message by which they are notified of the registration, sent by the Provider. After confirmation, a User account is created and contractual relations arise between the User and the Provider.
(5) When registering, the User undertakes to provide accurate and up-to-date data. The User shall promptly update the data specified in their registration in case of any change.
(6) In order to use the full functionality of the Provider’s online store, the User undertakes to register on the online store’s website. The Provider shall not be liable in the event that, due to the lack of registration, the User cannot use the full functionality of the online store, including in relation to exercising rights under the contract, claiming a lower price, and other similar functions.
(7) These General Terms and Conditions may also be accepted by Users without registration in the ONLINE STORE through an explicit declaration of intent, including through the ONLINE STORE’s website.
Art. 8. (1) The email address provided during the User’s initial registration, as well as any subsequent email address used for the exchange of statements between the User and the Provider, is a “Primary Email Address” within the meaning of these General Terms and Conditions. The User has the right to change their Primary Contact Email Address.
(2) Upon receiving a request to change the Primary Contact Email Address, the Provider sends a confirmation request to the new Primary Contact Email Address specified by the User.
(3) The change of the Primary Contact Email Address is effected after confirmation by the User, expressed through a link contained in the confirmation request sent by the Provider to the new Primary Contact Email Address specified by the User.
(4) The Provider informs the User of the change by sending an email to the Primary Contact Email Address specified by the User before the change under para. 2.
(5) The Provider shall not be liable to the User for unauthorized changes of the Primary Contact Email Address.
(6) The Provider may require the User to use the Primary Contact Email Address in specific cases.
V. TECHNICAL STEPS FOR CONCLUDING A SALES CONTRACT
Art. 9. (1) Users mainly use the Provider’s website interface to conclude contracts for the purchase of goods offered by the Provider in the ONLINE STORE.
(2) The contract is concluded in Bulgarian.
(3) The contract between the Provider and the User consists of these General Terms and Conditions, accessible on the ONLINE STORE’s website.
(4) The party to the contract with the Provider is the User according to the data provided at registration and contained in the User’s personal profile. For the avoidance of doubt, these are the data with which the User’s account was created with the Provider.
(5) The Provider includes in the website interface technical means for identifying and correcting errors in the input of information before making the statement of conclusion of the contract.
(6) This contract shall be deemed concluded from the moment of registration of the User with the Provider or acceptance of the General Terms and Conditions in another explicit manner, including by a statement on the Provider’s website. The sales contract for goods shall be deemed concluded from the moment the User places an order through the Provider’s interface.
(7) For the conclusion of this contract and for the conclusion of the sales contract for goods, the Provider shall explicitly notify the User in an appropriate manner by electronic means.
(8) The statement of conclusion of the contract and its confirmation shall be considered received when their addressees have the opportunity to access them.
(9) The Provider delivers the goods to the address specified by the Users and shall not be liable if the data provided by the Users are incorrect or misleading.
Art. 10. (1) The Users conclude the sales contract with the Provider through the following procedure:
Registration in the ONLINE STORE and provision of the necessary data, if the User has not yet registered in the ONLINE STORE, or by ordering goods without registration;
Logging into the ONLINE STORE’s ordering system by identification with username and password or another means of identification;
Selecting one or more of the goods offered by the ONLINE STORE and adding them to a shopping list;
Providing data for delivery;
Choosing the method and time of payment for the price;
Confirming the order.
(2) The Users may conclude the sales contract with the Provider without registration by using the relevant functionality in the online store’s interface.
VI. SPECIAL OBLIGATIONS OF THE PROVIDER. CONSUMER PROTECTION
Art. 11. The rules of this Section VI of these General Terms and Conditions shall apply to Users for whom, according to the data provided for concluding the sales contract or during registration in the ONLINE STORE, it can be inferred 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. 12. (1) The main characteristics of the goods offered by the Provider are defined in the profile of each item on the ONLINE STORE’s website.
(2) The price of the goods, including all taxes, is determined by the Provider in the profile of each item on the ONLINE STORE’s website.
(3) The cost of postal and transport expenses not included in the price of the goods is determined by the Provider and is provided as information to the Users at one of the following moments before the conclusion of the contract:
In the profile of each item on the Provider’s ONLINE STORE website;
When selecting the goods for concluding the sales contract.
(4) The method of payment, delivery, and performance of the contract are determined in these General Terms and Conditions, as well as in the information provided to the User on the Provider’s website.
(5) The information provided to the Users under this Article is current at the time of its visualization on the Provider’s website before the conclusion of the sales contract.
(6) The Provider shall necessarily indicate the delivery conditions of individual goods on its website.
(7) The Provider shall indicate, prior to the conclusion of the contract, the total value of the order for all goods contained therein.
(8) The Users agree that all information required under the Consumer Protection Act may be provided through the interface of the ONLINE STORE platform or by email.
Art. 13. (1) The User agrees that the Provider has the right to receive advance payment for the concluded contracts for purchase and sale of goods and their delivery.
(2) The User independently chooses whether to pay the Provider the price of delivery of the goods before or at the time of delivery.
Art. 14. (1) The User has the right, without owing compensation or penalty and without giving any reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by completing the withdrawal form available on the Provider’s website.
(2) The right of withdrawal under para. 1 shall not apply in the following cases:
For delivery of goods made to the consumer’s order or according to their individual requirements;
For delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
For delivery of sealed goods which have been unsealed after delivery and cannot be returned for reasons related to hygiene or health protection;
For delivery of goods which, after being delivered and by their nature, have been inseparably mixed with other goods;
For delivery of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
For delivery of newspapers, periodicals, or magazines, except for subscription contracts for the supply of such publications.
(3) When the User has exercised the right of withdrawal from a distance contract or from an off-premises contract, the Provider shall reimburse all sums received from the User, including delivery costs, after receiving the goods back. The Provider shall reimburse the amounts received using the same payment method used by the User for the initial transaction. Where delivery was made by courier service with cash on delivery, the Provider shall treat the amount as received by bank transfer, and therefore the User is expected to provide an IBAN for the reimbursement of the amounts paid.
(4) When exercising the right of withdrawal, the costs of returning the delivered goods shall be borne by the User, and from the amount the User has paid under the contract the costs of returning the goods may be deducted. The Provider is not obliged to reimburse additional costs for the delivery of the goods where the User has explicitly chosen a method of delivery other than the least expensive standard delivery offered by the Provider.
(5) The User undertakes to store the goods received from the Provider and ensure the preservation of their quality and safety during the period under para. 1.
Art. 15. (1) The delivery period of the goods and the starting point from which it runs is determined for each good individually when concluding the contract with the User through the Provider’s website, unless the goods are ordered in one delivery.
(2) If the User and the Provider have not specified a delivery period, the delivery period for the goods shall be 30 working days from the date following the submission of the User’s order to the Provider through the online store’s website.
(3) If the Provider cannot perform the contract because it does not have the ordered goods, it is obliged to notify the User and refund the sums paid by them.
Art. 16. (1) The Provider delivers the goods to the User after confirming compliance with the requirements for providing information to the User under the Consumer Protection Act.
(2) The User and the Provider certify the circumstances under para. 1 in writing at the time of delivery by handwritten signature, unless otherwise agreed.
(3) The User and the Provider agree that the requirements under para. 1 shall be deemed complied with if the certification is carried out by a person who, according to the circumstances, can be assumed to convey the information to the User – party to the contract.
VII. OTHER CONDITIONS
Art. 17. The Provider shall deliver and transfer the goods to the User within the period determined at the conclusion of the contract.
Art. 18. The User must inspect the goods at the time of delivery and handover by the Provider, and if they do not meet the requirements, notify the Provider immediately.
VIII. PERSONAL DATA PROTECTION
Art. 19. (1) The Provider shall take measures to protect the User’s personal data in accordance with the Personal Data Protection Act.
(2) For security reasons relating to Users’ personal data, the Provider will send the data only to the email address specified by the Users at the time of registration.
(3) The Provider adopts and publishes on its website a Privacy Policy.
(4) The Users agree that the Provider has the right to process their personal data necessary for fulfilling orders in the online store and for executing the contract.
Art. 20. (1) At any time, the Provider has the right to require the User to identify themselves and to verify the authenticity of any of the circumstances and personal data declared during registration.
(2) In case, for any reason, the User has forgotten or lost their username and password, the Provider has the right to apply the announced procedure for lost or forgotten usernames and passwords.
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS
Art. 21. (1) These General Terms and Conditions may be amended by the Provider, who shall duly notify all Users who have registrations.
(2) The Provider and the User agree that any supplement or amendment to these General Terms and Conditions shall take effect in relation to the User after explicit notification by the Provider and if the User does not declare within the provided 30-day period that they reject them.
(3) The User agrees that all statements by the Provider in connection with the amendment of these General Terms and Conditions shall be sent to the email address provided by the User during registration. The User agrees that emails sent in accordance with this Article do not need to be signed with an electronic signature to have effect in relation to them.
Art. 22. The Provider publishes these General Terms and Conditions on its website together with all amendments and supplements thereto.
X. TERMINATION
Art. 23. These General Terms and Conditions and the contract between the User and the Provider shall be terminated in the following cases:
Upon termination and declaration of liquidation or declaration of insolvency of either party to the contract;
By mutual agreement of the parties in writing;
Unilaterally, with notice from either party in case of non-performance of the obligations of the other party;
In the event of objective impossibility of either party to the contract to perform its obligations;
Upon seizure or sealing of equipment by state authorities;
In case of deletion of the User’s registration on the ONLINE STORE’s website. In this case, the concluded but unfulfilled sales contracts remain in force and are subject to execution;
In case of exercising the right of withdrawal under Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the respective ordered goods is terminated, provided that the right of withdrawal is applicable to the relevant category of goods.
XI. FINAL PROVISIONS
Art. 24. The possible invalidity of any of the provisions of these General Terms and Conditions shall not lead to invalidity of the entire contract.
Art. 25. For any issues not settled in this contract, related to its performance and interpretation, the laws of the Republic of Bulgaria shall apply.
Art. 26. All disputes between the parties to this contract shall be resolved by the competent court or by the Commission for Consumer Protection.
