Terms
I. Subject
Art. 1. These general terms and conditions are intended to regulate the relations between Kalos Estates Ltd., EIK 207335601, with headquarters and management address: Sofia 1407, Triaditsa district, g.k. Krastova vada, "Gen Ivan Kolev" street No. 14B, floor 5, apartment 501 and the customers, hereinafter referred to as users/users, of the corporate website – https://kalos-estates.com/ , hereinafter referred to as the "Website".
II. Supplier details
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: Kalos Estates Ltd
2. Headquarters and address of management/exercise of activity: Sofia 1407, Triaditsa district, gh.k. Krastova vada, "Gen Ivan Kolev" street No. 14B, floor 5, apartment 501.
3. Correspondence details: Sofia 1407, Triaditsa district, g.k. Krastova vada, "Gen Ivan Kolev" street No. 14B, floor 5, apartment 501, e-mail: office@kalos-estates.com
4. Entry in public registers: EIK 207335601
5. Supervisory authorities:
5.1. Commission for the Protection of Personal Data
Address: Sofia 1592, Prof. Blvd. Tsvetan Lazarov" No. 2,
phone: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
5.2. Consumer Protection Commission
Address: 1000 Sofia, "Slaveikov" square #4A, floors 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
6. Registration under the Value Added Tax Act No. BG207335601
III. Features of an e-store
Art. 3. The website is available at the Internet address https://kalos-estates.com/, through which Users have the opportunity to inform themselves about the goods/services offered by the website, including the following:
1. To perform lawful actions for viewing the website and using the services to provide information;
2. To make electronic statements in connection with the conclusion or execution of contracts with the website through the interface of the website page or through external services of third parties available on the Internet;
3. To enter into contracts for the purchase and sale and delivery of the goods/services offered by the website;
4. To make any payments in connection with the contracts concluded with the website, according to the payment methods supported by the electronic store.
5. To receive information about new goods/services offered by the website;
6. To review the goods/services, their characteristics, prices and terms of delivery;
7. To be notified of the rights arising from the law primarily through the interface of the website page on the Internet;
8. To exercise the right of withdrawal from the contract concluded at a distance for the goods/services offered by https://kalos-estates.com/ for which the right of withdrawal from the contract is applicable;
Art. 4. https://kalos-estates.com/ delivers the goods/services and guarantees the rights of the Users provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
Art. 5. (1) Users conclude a contract for the purchase and sale of the goods/services offered by the website through the interface of https://kalos-estates.com/, available on the page https://kalos-estates.com/ on the Internet or other means of distance communication.
(2) Pursuant to the contract concluded with the Users for the purchase and sale of goods/services, https://kalos-estates.com/ undertakes to deliver and transfer ownership to the User of the goods specified by him through the interface and to provide the services determined by him through the interface.
(3) Users shall pay the Supplier remuneration for the delivered goods/services in accordance with the conditions set on the site and these general terms and conditions. The remuneration is in the amount of the price announced by the Provider at the website address on the Internet.
(4) https://kalos-estates.com delivers the goods/services requested by the Users within the terms and under the conditions determined by https://kalos-estates.com on the website page and according to these general terms and conditions.
(5) The cost of delivery, if provided by https://kalos-estates.com/, is determined separately and explicitly from the price of the goods/services.
Art. 6. (1) The user and https://kalos-estates.com/ agree that all statements between them in connection with the conclusion and execution of the sales contract can 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 is assumed that the electronic statements made by the Users of the site were made by the persons indicated in the data provided by the User when making a payment.
IV. Website usage
Art. 7. (1) In order to use the website to conclude contracts for the purchase and sale of goods/services, the User should select one or more of the goods/services offered.
(2) By pressing the button to confirm the general conditions, the personal data policy and the cookie policy of https://kalos-estates.com/, The user declares that he is familiar with these general conditions, personal data policy and cookie policy, agrees with their content and undertakes to unconditionally comply with them.
(3) When making a purchase, the User undertakes to provide correct and up-to-date data.
V. Technical steps for concluding a contract of sale
Art. 9. (1) Users use the page interface of https://kalos-estates.com/ and/or partner website to enter into contracts for the purchase and sale of the offered by https://kalos-estates.com/ goods/services in the e-store.
(2) The contract is concluded in the Bulgarian language.
(3) The contract between https://kalos-estates.com/ and the User represents the current general conditions available on the site.
(4) Party to the contract with https://kalos-estates.com/ is the User who requested the purchase of a product/service from the site.
(5) https://kalos-estates.com/ includes in the interface of its Internet page, technical means for identifying and correcting errors when entering information before the statement to conclude the contract is made.
(6) This contract is considered to be concluded from the moment of acceptance of the general terms and conditions through a statement on the website of https://kalos-estates.com/ The contract for the purchase and sale of goods/services is considered concluded from the moment of its request by the User through the interface of https://kalos-estates.com/
(7) For the conclusion of the contract for the purchase and sale of goods/services, the Supplier or its commercial partner expressly notifies the User in an appropriate manner by electronic means.
(8) The statement of conclusion of the contract and the confirmation of its receipt are considered received when their addressees have the opportunity to access them.
(9) https://kalos-estates.com/ provides the goods/services to the Users and is not responsible in case the data specified by the Users is incorrect or misleading.
Art. 10. (1) Users conclude the purchase and sale agreement with https://kalos-estates.com/ according to the following procedure:
– Visiting the website page;
– Selecting one or more of the goods/services offered on the website and adding them to a list of goods for purchase;
– Provision of data for delivery, confirmation with code and acceptance of conditions;
– Choice of method and moment of payment of the price;
– Order confirmation.
VI. Special duties of https://kalos-estates.com/Consumer protection
Art. 11. The rules of this section VI of these general conditions apply to Users who, according to the data specified for the conclusion of the sales contract or during registration on the website, it can be concluded that they are users within the meaning of the Law on consumer protection, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of October 25, 2011.
Art. 12. (1) The main characteristics of the goods/services offered by https://kalos-estates.com/ are defined in the profile of each good/service on the website.
(2) The price of the goods/services inclusive of all taxes is determined by https://kalos-estates.com/ in the profile of each good/service on the website site.
(3) The value of possible postal and transport costs, not included in the price of the goods, is determined by https://kalos-estates.com/ and is provided as information to Users at one of the following times before concluding the contract:
– In the profile of each of the goods/services on the website of https://kalos-estates.com/;
– When selecting the goods/services for concluding the purchase and sale contract;
(4) The method of payment, delivery and performance of the contract is determined in these general conditions, as well as the information provided to the User on the website of https://kalos-estates.com/
(5) The information provided to the Users under this article is current at the time of its visualization on the site of https://kalos-estates.com/ before the conclusion of the contract of sale.
(6) https://kalos-estates.com/ indicates the conditions for obtaining the individual goods/services on its site.
(7) https://kalos-estates.com/ or its commercial partner indicates, before concluding the contract, the total value of the order for all the goods/services contained therein.
(8) Users agree that all information required by the Consumer Protection Act can be provided through the platform interface on the website or by e-mail.
Art. 13. (1) The User agrees that https://kalos-estates.com/ has the right to accept advance payment for the contracts concluded with the user for the purchase and sale of goods/services and their delivery.
Art. 14. (1) The user has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 14 days, starting from the date of acceptance of the goods, using the single form for withdrawal from the contract, available at the site of https://kalos-estates.com/ Information on exercising the right of withdrawal is available on the website of https://kalos-estates.com/ Users may also use another unambiguous statement that can be recorded on a durable medium.
(2) The right of refusal under para. 1 does not apply in the following cases:
1. for the delivery of goods/services provided according to the user's requirements or according to his individual order;
2. for the supply of goods/services which, due to their nature, may deteriorate in quality or have a short shelf life;
3. for the delivery of sealed goods that have been unsealed after their delivery and cannot be returned for hygiene or health protection reasons;
4. for the delivery of goods which, after being delivered and due to their nature, have mixed with other goods from which they cannot be separated;
5. for the delivery of sealed audio or video recordings or sealed computer software that have been unsealed after delivery;
6. for the delivery of newspapers, magazines and other periodicals, with the exception of subscription contracts for the delivery of such publications;
(3) When the Supplier has not fulfilled its obligations to provide information, defined in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of up to one year and 14 days, starting from the date of receipt of the goods. When the information is provided to the user within the opt-out period, it starts to run from the date of its provision. The user has the right to make the statement of refusal under this article directly to https://kalos-estates.com/ through the single contract withdrawal form available on the site of https://kalos-estates.com/
(4) In the event that the User has exercised his right to withdraw from the distance contract or the off-premises contract, https://kalos-estates.com/ refunds all sums received from the User, including delivery costs, without undue delay and no later than 14 days from the date on which it was notified of the User's decision to withdraw from the contract. https://kalos-estates.com/ refunds the amounts received using the same means of payment used by the user in the initial transaction, unless the user has expressed his express consent to use another means of payment and provided that this is not associated with costs for the User.
(5) When exercising the right of refusal, the costs of returning the delivered goods are for the account of the user and the costs of returning the goods are deducted from the amount that the User has paid under the contract. https://kalos-estates.com/ has no obligation to refund the additional costs of delivery of the goods when the User has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by https://kalos-estates.com/
(6) The user undertakes to store the received from https://kalos-estates.com/ goods and to ensure the preservation of their quality and safety during the period under para. 1.
(7) The User can exercise his right to withdraw from the contract with the Supplier by sending a written statement to https://kalos-estates.com/ through the standard contract withdrawal form available on the e-shop site.
(8) When https://kalos-estates.com/ has offered to collect the goods only, it may withhold payment of the sums to the consumer until it receives the goods or until the consumer provides proof that he has sent the goods back, whichever is earlier.
(9) https://kalos-estates.com/ does not offer users the opportunity to freely refuse an already purchased product/service and return a payment made in the case of an already concluded contract with a trading partner of https://kalos-estates.com/, offering the specific good/service.
Art. 15. (1) The term of delivery of the goods/service and the starting moment from which it runs is determined for each good/service separately when concluding the contract with the user through the website of https://kalos-estates.com/ and/or that of its commercial counterpart, unless the goods/services are ordered in one delivery.
(2) In the event that the user and https://kalos-estates.com/ have not set a delivery time, the delivery time of the goods/services is 30 working days, counted from the date following the sending of the user's order to the Supplier through the site and/or that of its commercial partner.
(3) If https://kalos-estates.com/ cannot fulfill the contract because it no longer provides the ordered goods/services, it is obliged to notify the User of this and to refund the sums paid by it.
Art. 16. (1) https://kalos-estates.com/ provides the goods/services to the user after verifying the fulfillment of the requirements for providing information to the user according to the Consumer Protection Act.
(2) The User and https://kalos-estates.com/ agree that the requirements under para. 1 will be complied with if the authentication is performed by a person who, according to the circumstances, can be inferred to pass on the information to the user - a party to the contract.
VII. Other terms
Art. 17. https://kalos-estates.com/ delivers and hands over the goods to the User within the time limit specified at the conclusion of the contract.
Art. 18. The user must inspect the goods at the time of delivery and handover from https://kalos-estates.com/ and if it does not meet the requirements to notify immediately https://kalos-estates.com/
VIII. protection of personal data
Art. 19. (1) https://kalos-estates.com/ undertakes measures to protect the User's personal data in accordance with the Personal Data Protection Act.
(2) For reasons of security of the Users' personal data, https://kalos-estates.com/ will send the data only to the e-mail address specified by the Users.
(3) https://kalos-estates.com/ adopts and announces on its website a Policy for the protection of personal data.
(4) Users agree that https://kalos-estates.com/ has the right to process their personal data, necessary for the fulfillment of orders in the electronic store and the performance of the contract.
Art. 20. At any time, https://kalos-estates.com/ has the right to require the User to identify himself and to certify the authenticity of the actions he has performed within the site.
IX. Amendment and access to the general conditions
Art. 21. These general conditions may at any time be amended by https://kalos-estates.com/
Art. 22. https://kalos-estates.com/ publishes these general terms and conditions on the e-shop site together with all additions and amendments to them.
X. Termination
Art. 23. The present general terms and conditions and the agreement of the User with https://kalos-estates.com/ are terminated in the following cases:
– upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
– by mutual agreement of the parties in writing;
- unilaterally, with notice from each of the parties in case of non-fulfilment of the obligations of the other party;
- in case of objective inability of one of the parties to the contract to fulfill its obligations;
– when the equipment is seized or sealed by state authorities;
- in the case of exercising the right of refusal according to Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the supply of the respective ordered goods/services is terminated, if the right to withdraw from the contract is applicable for the relevant category of goods/services.
XI. Other terms
Art. 24. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.
Art. 25. The laws of the Republic of Bulgaria shall apply to matters not settled in this contract, related to the implementation and interpretation of this contract.
Art. 26. All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.
STANDARD FORM FOR EXERCISE RIGHT OF WITHDRAWAL
Until ……………
……………… EIC …………….
I hereby give notice that I am withdrawing from my contract for the purchase of the following goods/services:
……………………………………… /Description of the product/
The goods were ordered on ………………….
The goods were received on …………………. /indicate the date of receipt by the user/
………………………………………….. /User Name/
Gr./c………………………………….. /Address of the user/
………………. …………………………….
/Date/ /User Signature/
The user has the right within 14 days to unconditionally withdraw from a distance contract or an off-premise contract without paying any costs, except for those of delivery in case he has chosen a different from the standard cheapest for the trader, the method of delivery of the order, as well as the costs of returning the goods back.
The 14-day period begins on the date of:
- conclusion of the contract - in the case of a service contract;
- acceptance of the goods by the consumer or by a third party other than the carrier
Within 14 days after the stated desire to withdraw from the contract, the consumer must return the goods to the trader. Within 14 days from the date on which he was notified of the user's decision to withdraw from the contract, the trader shall refund all sums received from the user, including delivery costs.