GENERAL TERMS AND CONDITIONS OF Online-Pump.com
PREPARED IN ACCORDANCE WITH THE REQUIREMENTS OF THE CONSUMER PROTECTION COMMISSION AND THE BULGARIAN WEB ASSOCIATION
I. SUBJECT MATTER
These General Terms and Conditions are intended to regulate the relations between AES-L Ltd., Sofia (1574), Slatina District, GEO MILEV Residential Area, 15A Andrey Nikolov Street, Floor 3, Apartment 12, UIC 130718349, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as USERS, of the “Online-Pump.com” electronic store, hereinafter referred to as “Online-Pump.com”.
II. SUPPLIER INFORMATION
Information pursuant to the Electronic Commerce Act and the Consumer Protection Act:
1. Supplier name: AES-L Ltd.
2. Registered office and management address: Sofia (1574), Slatina District, GEO MILEV Residential Area, 15A Andrey Nikolov Street, Floor 3, Apartment 12
3. Business address: Sofia (1574), Slatina District, GEO MILEV Residential Area, 15A Andrey Nikolov Street, Floor 3, Apartment 12.
4. Correspondence details: Sofia, Email: office@aeslpump.com, Tel.: +359886250186
5. Entry in public registers: UIC 130718349
6. Supervisory authorities:
(1) Commission for Personal Data Protection. Address: Sofia, 15 Ivan Evstatiev Geshov Street, Tel.: +359 2 940 20 46, Fax: +359 2 940 36 40, Email: kzld@government.bg, kzld@cpdp.bg, Website: www.cpdp.bg
(2) Consumer Protection Commission. Address: 1000 Sofia, 4A Slaveykov Square, Floors 3, 4 and 6, Tel.: +359 2 980 25 24, Fax: +359 2 988 42 18, Consumer Hotline: 0700 111 22, Website: www.kzp.bg
7. VAT registration number: BG208524779
III. CHARACTERISTICS OF Online-Pump.com
Online-Pump.com is an electronic platform available at the Internet address Online-Pump.com, through which Users have the opportunity to enter into contracts for the sale and delivery of goods offered by Online-Pump.com, including the following:
1. To register and create an account for browsing Online-Pump.com and using additional information services;
2. To make electronic statements in connection with the conclusion or performance of contracts with Online-Pump.com through the interface of the Online-Pump.com website available on the Internet;
3. To enter into contracts for the sale and delivery of goods offered by Online-Pump.com;
4. To make any payments in connection with contracts concluded with Online-Pump.com, in accordance with the payment methods supported by Online-Pump.com.
5. To receive information about new goods offered by Online-Pump.com;
6. To view goods, their characteristics, prices, and delivery terms;
7. To be informed about rights arising from the law, mainly through the interface of the Online-Pump.com website on the Internet;
The Supplier delivers the goods and guarantees the rights of the Users provided by law, within the framework of good faith, established practice, and consumer or commercial law criteria and conditions.
(1) Users enter into contracts for the sale of goods offered by Online-Pump.com through the Supplier's interface, available on its website at Online-Pump.com or by another means of distance communication.
(2) Under the sales contract concluded with the Users, the Supplier undertakes to deliver and transfer ownership of the goods selected by the User through the interface.
(3) Users shall pay the Supplier remuneration for the delivered goods in accordance with the terms established on Online-Pump.com and these General Terms and Conditions. The remuneration shall be equal to the price announced by the Supplier at the Online-Pump.com Internet address.
(4) The Supplier delivers the goods ordered by Users within the timeframes and under the conditions determined by the Supplier on the Online-Pump.com website and in accordance with these General Terms and Conditions.
(5) The delivery price is determined separately and expressly from the price of the goods.
(1) The User and the Supplier agree that all statements between them in connection with the conclusion and performance of the sales contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Article 11 of the Electronic Commerce Act.
(2) It is presumed that electronic statements made by Users on the website have been made by the persons specified in the data provided by the User during registration, if the User has entered the relevant username and password for access.
IV. USE OF Online-Pump.com
(1) In order to use Online-Pump.com to enter into contracts for the purchase and sale of goods, the User shall enter a username and password selected by them for remote access, where registration is required.
(2) The username and password for remote access are determined by the User through electronic registration on the Supplier's website.
(3) By completing their details and clicking the “Yes, I agree” and “Registration” buttons, the User declares that they are familiar with these General Terms and Conditions, agree to their content, and undertake to comply with them unconditionally.
(4) The Supplier confirms the registration made by the User by sending a message to the email address specified by the User, which also contains information for activating the registration. The recipient confirms the registration and conclusion of the contract through an electronic link in the email notifying them of the registration, sent by the Supplier. Upon confirmation, a User account is created and contractual relations arise between the User and the Supplier.
(5) When registering, the User undertakes to provide accurate and current information. The User shall promptly update the information specified during registration in the event of any change.
(6) If a User's profile on social networks or other networks is used for registration, the party to the contract shall be the person who is the holder of the profile used for registration in the respective social or other network. In this case, the Supplier shall have the right to access the data necessary to identify the User in the respective social or other network.
(1) The email address provided during the User's initial registration, as well as each subsequent email address used for exchanging statements between the User and the Supplier, shall be the “Primary Email Address” within the meaning of these General Terms and Conditions. The User shall have the right to change their Primary Contact Email Address.
(2) Upon receipt of a request to change the Primary Contact Email Address, the Supplier sends a request for confirmation of the change. The confirmation request is sent by the Supplier to the new Primary Contact Email Address specified by the User.
(3) The change of the Primary Contact Email Address is made after confirmation by the User, expressed through a link contained in the confirmation request sent by the Supplier to the new Primary Contact Email Address specified by the User.
(4) The Supplier informs the User of the completed change by email sent to the Primary Contact Email Address specified by the User before the change under item 2 is made.
(5) The Supplier shall not be liable to the User for an unauthorized change of the Primary Contact Email Address.
(6) The Supplier may require the User to use the Primary Contact Email Address in specific cases.
V. TECHNICAL STEPS FOR CONCLUDING A SALES CONTRACT
(1) Users primarily use the interface of the Supplier's website to enter into contracts for the purchase and sale of goods offered by the Supplier on Online-Pump.com.
(2) The contract is concluded in the Bulgarian language.
(3) The contract between the Supplier and the User consists of these General Terms and Conditions, available at Online-Pump.com.
(4) The party to the contract with the Supplier is the User according to the data provided during registration and contained in the User's personal account. For the avoidance of doubt, these are the details used to create an account with the Supplier.
(5) The Supplier includes technical means in the interface of its Internet website for identifying and correcting errors in the entry of information before the statement for concluding the contract is made.
(6) This contract shall be deemed concluded at the time the User registers with the Supplier. The sales contract for goods shall be deemed concluded at the time the goods are ordered by the User through the Supplier's interface.
(7) For the conclusion of this contract and for the conclusion of the sales contract for goods, the Supplier expressly notifies the User in an appropriate manner through electronic means.
(8) The statement for concluding the contract and the confirmation of its receipt shall be deemed received when their addressees have the opportunity to access them.
(9) The Supplier delivers the goods to the address specified by the Users and shall not be liable if the information provided by the Users is inaccurate or misleading.
Users conclude the sales contract with the Supplier through the following procedure:
(1) Registration with Online-Pump.com and provision of the necessary data, if the User has not previously registered with Online-Pump.com;
(2) Logging into the Online-Pump.com ordering system by identification with a username and password;
(3) Selecting one or more goods offered on Online-Pump.com and adding them to a list of goods for purchase;
(4) Providing delivery details;
(5) Selecting the method and time of payment of the price.
(6) Confirming the order;
VI. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
The rules of this Section VI of these General Terms and Conditions apply to Users who, according to the information provided for the conclusion of the sales contract or during registration with Online-Pump.com, may be considered consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act, and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
(1) The main characteristics of the goods offered by the Supplier are specified in the profile of each product on the Online-Pump.com website.
(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the Online-Pump.com website.
(3) The amount of postal and transportation costs not included in the price of the goods is determined by the Supplier and provided as information to Users at one of the following times before concluding the contract:
- In the profile of each product on the Supplier's Online-Pump.com website;
- When selecting 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 Supplier's website.
(5) The information provided to Users under this article is current at the time it is displayed on the Supplier's Online-Pump.com website prior to the conclusion of the sales contract.
(6) The Supplier shall indicate the delivery terms for individual goods on the Online-Pump.com website.
(7) Before concluding the contract, the Supplier shall indicate the total value of the order for all goods included in it.
(1) The consumer agrees that the Supplier has the right to accept advance payment for sales contracts for goods and their delivery concluded with the consumer.
(2) The consumer independently chooses whether to pay the Supplier the delivery price of the goods before or at the time of their delivery.
(1) The consumer has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 14 working days from the date of receipt of the goods, provided that the goods have not been used and their commercial appearance has not been damaged.
(2) The right of withdrawal under item 1 does not apply in the following cases:
- for the supply of goods and provision of services whose price depends on fluctuations in financial markets which the Supplier is unable to control;
- for the supply of goods manufactured according to the consumer's requirements or individual order;
- for the supply of audio and video recordings, software products, and consumables unsealed by the consumer;
- for equipment with damaged commercial appearance or equipment that has been used.
(3) Where the Supplier has failed to fulfill its obligations to provide the information specified in Article 54 of the Consumer Protection Act, the consumer has the right to withdraw from the concluded contract within three months from the date of receipt of the goods. Where the information under this paragraph is provided to the consumer within the withdrawal period, that period begins to run from the date the information is provided.
(4) If the consumer exercises their right of withdrawal under item 1, the Supplier shall be obliged to refund in full the amounts paid by the consumer no later than 30 calendar days from the date on which the consumer exercised the right of withdrawal from the concluded contract. From the amount paid by the consumer under the contract, the costs of returning the goods shall be deducted, unless the consumer has returned the goods at their own expense and has notified the Supplier thereof.
(5) The consumer undertakes to preserve the goods received from the Supplier, their quality, and their safety during the period under item 1.
(1) The delivery period for the goods and the starting point from which it runs are determined separately for each product upon conclusion of the contract with the consumer through the Supplier's Online-Pump.com website, unless the goods are ordered in one delivery.
(2) If the consumer and the Supplier have not agreed on a delivery period, the delivery period for the goods shall be 30 working days from the date following the sending of the order by the consumer to the Supplier through the Supplier's Online-Pump.com website.
(3) If the Supplier cannot perform the contract because it does not have the ordered goods available, it shall notify the consumer and refund the amounts paid by them within 30 working days from the date on which the Supplier should have performed its obligation under the contract.
(4) In the cases under item 3, the Supplier has the right to deliver goods of the same quality and price to the consumer. The Supplier shall notify the consumer electronically of the change in the performance of the contract.
(5) In the event of exercising the right of withdrawal from delivery contracts under item 4, the costs of returning the goods shall be borne by the Supplier.
(1) The Supplier shall hand over the goods to the consumer after certifying compliance with the requirements and the existence of the circumstances under Article 61 of the Consumer Protection Act.
(2) The consumer and the Supplier certify the circumstances under item 1 in writing at the time of delivery by handwritten signature, unless otherwise agreed.
(3) The consumer and the Supplier agree that the requirements under item 1 and Article 61 of the Consumer Protection Act shall be complied with if certification is made by a person who, according to the circumstances, can be assumed to provide the information to the consumer who is a party to the contract.
VII. OTHER CONDITIONS
(1) The Supplier delivers and hands over the goods to the User within the period determined at the conclusion of the contract.
(2) If the period under item 1 is not expressly agreed between the parties upon conclusion of the contract, the Supplier shall deliver and hand over the goods within a reasonable period, but no later than 2 months.
The User must inspect the goods at the time of delivery and handover by the Supplier and, if they do not meet the requirements, notify the Supplier immediately.
VIII. PERSONAL DATA PROTECTION
(1) The Supplier takes measures to protect the User's personal data in accordance with the Personal Data Protection Act.
(2) For reasons of personal data security, the Supplier shall send information only to the email address specified by the Users at the time of registration.
(3) The Supplier adopts and publishes on its website a Personal Data Protection Policy, available at Online-Pump.com.
(1) At any time, the Supplier has the right to request that the User identify themselves and confirm the accuracy of any of the circumstances and personal data declared during registration.
(2) In the event that, for any reason, the User has forgotten or lost their username and password, the Supplier has the right to apply the published “Procedure for Lost or Forgotten Usernames and Passwords”, available at Online-Pump.com.
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
(1) These General Terms and Conditions may be amended by the Supplier, who shall notify in an appropriate manner all registered Users of Online-Pump.com.
(2) The Supplier and the User agree that any addition or amendment to these General Terms and Conditions shall take effect with respect to the User after the Supplier has expressly notified them and if the User does not state within the provided 14-day period that they reject them.
(3) The User agrees that all statements of the Supplier relating to amendments to these General Terms and Conditions shall be sent to the email address specified by the User during 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 effect with respect to them.
The Supplier publishes these General Terms and Conditions at Online-Pump.com, together with all additions and amendments thereto.
X. TERMINATION
These General Terms and Conditions and the User's contract with the Supplier shall be terminated in the following cases:
- upon termination and commencement of liquidation proceedings or declaration of insolvency of either party to the contract;
- by mutual written agreement of the parties;
- unilaterally, with notice by either party in the event of non-performance of the other party's obligations;
- upon objective impossibility for either party to the contract to perform its obligations;
- upon seizure or sealing of equipment by state authorities; ·in the event of deletion of the User's registration on the Online-Pump.com website. In this case, concluded but unperformed sales contracts shall remain in force and be subject to performance;
- in the event of exercising the right of withdrawal pursuant to Article 55, paragraph 1 of the Consumer Protection Act.
XII. OTHER CONDITIONS
The possible invalidity of any provision of these General Terms and Conditions shall not result in the invalidity of the entire contract.
For matters not regulated in this contract, relating to the performance and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.
All disputes between the parties to this contract shall be resolved by the competent court or the Consumer Protection Commission.
These General Terms and Conditions shall enter into force for all Users of Online-Pump.com.