Общи условия

I. ПРЕДМЕТ

Чл. 1. Настоящите общи условия са предназначени за регулиране на отношенията между „ОЛ КИДС БРАНД” ООД, вписано в ТРРЮЛНЦ с ЕИК 207260675 , със седалище и адрес на управление в гр. София 1000, район Триадица, ул. Княз Борис I № 86, ет. 3, наричано по-долу за краткост ДОСТАВЧИК, и клиентите, наричани по-долу ПОЛЗВАТЕЛИ, възниквали във връзка с ползване на сайта и електронния магазин „www.allkids.bg”, наричан по-долу „ЕЛЕКТРОНЕН МАГАЗИН”, както и отношенията, свързани с договора за продажба от разстояние, сключен между ДОСТАВЧИКА и ПОЛЗВАТЕЛИТЕ.

ІІ. ДАННИ ЗА ДОСТАВЧИКА

Чл. 2. Информация съгласно Закона за електронната търговия и Закона за защита на потребителите:

  1. Наименование на Доставчика: „ОЛ КИДС БРАНД” ООД, вписано в ТРРЮЛНЦ с ЕИК 207260675.
  2. Седалище и адрес на управление: гр. София 1000, район Триадица, ул. Княз Борис I № 86, ет. 3.
  3. Адрес за упражняване на дейността: гр. София 1000, район Триадица, ул. Княз Борис I № 86, ет. 3.
  4. Данни за кореспонденция: гр. София 1000, район Триадица, ул. Княз Борис I № 86, ет. 3, Email: [email protected] , тел: +359876099229.
  5. Надзорни органи:

 

(1) Комисия за защита на личните данни

Адрес: гр. София, ул. Иван Евстатиев Гешов № 15,

тел.: (02) 940 20 46 факс: (02) 940 36 40

Email: [email protected], [email protected]

Website: www.cpdp.bg

 

(2) Комисия за защита на потребителите

Адрес: 1000 гр. София, пл. Славейков №4А, ет.3, 4 и 6,

тел.: 02 / 980 25 24 факс: 02 / 988 42 18

гореща линия: 0700 111 22

Website: www.kzp.bg

 

 

III. ТЕРМИНИ

Чл. 3. За целите на настоящите Общи условия се използват следните термини:

 

  1. Интернет сайт - съвкупност от интернет страници, с обща заглавна интернет страница, която се зарежда във Вашия браузър, при изписване на електронния адрес www.allkids.bg

 

  1. Доставчик – физическо/ юридическо лице, което предоставя стоки и/или услуги чрез интернет сайта.

 

  1. Ползвател – всяко лице, въвело електронния адрес или достигнало до интернет сайта чрез пренасочване от друг интернет сайт с цел да извършва покупки на стоки по електронен път.

 

  1. Потребителски профил (Акаунт) – раздел от Интернет сайта, формиран от имейл адрес и лична парола, позволяващ заявяване на поръчка от страна на Ползвателя, съдържащ цялостна базисна информация относно историята на действията му в Интернет сайта (поръчки, движения по поръчки и др.)

 

  1. Поръчка - електронен документ, представляващ комуникационна форма между Доставчика и Ползвателя, чрез който Ползвателят заявява на Доставчика през интернет сайта намерението си за закупуване на стоки и/или услуги от интернет сайта.

 

  1. Договор за продажба от разстояние – сключеният от разстояние договор между Доставчика и Ползвателя за покупко-продажба на стоки и/или услуги от електронния магазин, неразделна част от който са настоящите Общи условия. Всяка отделно направена поръчка представлява отделен договор за продажба от разстояние.

 

  1. Спецификации - всички характеристики и/или описания на стоките и услугите, така както са посочени в описанието им, както и всички характеристики на електронния магазин.

 

 
IV. CHARACTERISTICS OF ELECTRONIC STORE

Art. 4. (1) ELECTRONIC STORE is an electronic store, accessible at the Internet address www.allkids.bg, through which Users have the opportunity to conclude contracts for the purchase at a distance and delivery of the goods offered by the ELECTRONIC STORE, including the following:

  1. To register and create a profile for browsing the ELECTRONIC STORE and using the additional services for providing information;
  2. To make electronic statements in connection with the conclusion or execution of contracts with the Supplier through the interface of the ELECTRONIC STORE page available on the Internet.
  3. To enter into contracts for the purchase and sale and delivery of the goods offered by the Supplier through the ELECTRONIC STORE.
  4. To make any payments in connection with the concluded contracts with the Supplier through the ELECTRONIC STORE, according to the payment methods supported by the ELECTRONIC STORE.
  5. To receive information about new goods offered by the Supplier through the ELECTRONIC STORE.
  6. To review the goods, their characteristics, prices and terms of delivery;
  7. To be notified of the rights arising from the law primarily through the interface of the ELECTRONIC STORE page on the Internet;
  8. To make electronic statements in connection with the conclusion or execution of contracts with the Supplier through the interface of the Electronic Store page, available on the Internet at www.allkids.bg

(2) The Supplier delivers the goods 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 distance purchase and sale of the goods offered by the Supplier through the Supplier’s ELECTRONIC STORE, available on its website at www.allkids.bg The contract is concluded in Bulgarian and is stored in the database and the Supplier.

(2) In order to conclude the contract, the User places an order after selecting a specific product and its quantity from the website catalog.

(3) Pursuant to the contract concluded with the Users for the purchase and sale of goods at a distance, the Supplier undertakes to deliver and transfer ownership of the goods specified by him through the interface to the User. Users have the right to correct errors when entering information no later than sending the statement on concluding the contract to the Supplier.

(4) Users shall pay the Supplier the price for the delivered goods announced at the address of the ELECTRONIC STORE on the Internet, which includes the delivery price in accordance with the conditions set on the website of the ELECTRONIC STORE and in these general terms and conditions.

(5) The Supplier delivers the goods requested by the Users within the terms and under the conditions set by the Supplier on the e-shop page and in accordance with these general terms and conditions.

(6) The delivery price is included in the price of the goods.

Art. 6. (1) The User and the Supplier agree that all statements between them in connection with the conclusion and execution of the distance sales contract may be made as electronic statements within the meaning of Art. 2 of the Electronic Document and Electronic Signature Act. In accordance with Art. 11 of the Law on Electronic Commerce, the statement of conclusion of the contract and the confirmation of its receipt are considered received when their addressees have access to them.

(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 during registration, if the User has entered the corresponding name and password for access.

 

  1. USE OF ELECTRONIC STORE

 

Art. 7. (1) In order to use the ELECTRONIC STORE to conclude contracts for the purchase and sale of goods at a distance, the User must:

  1. Register on the site of the ELECTRONIC STORE by filling in all the identification data required at the time of registration as a user of the site by creating an account on the platform of the Provider’s site, as accepting the present general conditions;
  2. Enter his chosen name and password for remote access, in cases where the ELECTRONIC STORE requires this.

(2) The name and password for remote access are determined by the User, through electronic registration on the Provider’s website.

(3) By filling in his data and pressing the “Yes, I accept” and “Registration” buttons, the User declares that he is familiar with these general conditions, agrees with their content and undertakes to abide by them unconditionally.

(4) The Provider confirms the registration made by the User by sending a letter to the electronic address specified by the User, to which information on activation of the registration is also sent. The Recipient confirms the registration and conclusion of the contract through an electronic reference in the letter notifying him of the completed registration sent by the Supplier. After the confirmation, the User’s account is created and a contractual relationship is established between him and the Provider.

(5) When registering, the User undertakes to provide correct and up-to-date data. The user promptly updates the data specified in his registration in case of change.

Art. 8. (1) Users of the ELECTRONIC STORE must provide their e-mail address (“E-mail address field”) during registration for the purposes of communication and exchange of electronic statements with the Supplier.

(2) By accepting these General Terms and Conditions, users give their express prior consent under Art. 49, para. 1, item 3 of the Law on Consumer Protection, that the Main Contact Email Address specified by them be used for communication and exchange of electronic statements with the Supplier, including in the process of concluding and executing contracts for the delivery of goods ordered by the User through the ELECTRONIC STORE.

(3) The User has the right to change his Primary contact email address. Upon receipt of a request to change the Primary contact email address, the Provider sends a request for confirmation of the change. The confirmation request is sent by the Provider to the new Primary contact email address specified by the User. The change of the Primary contact email address is carried out after confirmation by the User, expressed through a reference 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 about the change made, by means of an electronic letter sent to the Primary contact email address specified by the User before making the change under para. 3.

(5) The Provider shall not be liable to the User for an unlawful change of the Primary Contact Email Address.

(6) The Provider may demand from the User to use his Primary Contact Email Address in specific cases.

 

  1. PRIVACY POLICY

 

Чл. 9 (1) Доставчикът предприема мерки за защита на личните данни на Ползвателя съгласно Закона за защита на личните данни и Общ регламент за защита на личните данни Регламент (ЕС) 2016/679 (GDPR) и събира, съхранява и обработва лични данни на Ползвателите и Потребителите на основанията, за целите, в сроковете и при съобразяване на правата на лицата съгласно Задължителната информация за правата на лицата по защита на личните данни, достъпна на интернет адреса на Доставчика.

(2) Доставчикът изпраща личните данни единствено на посочен от Ползвателя в момента на регистрацията имейл адрес.

(3) Доставчикът запазва правото си да съхранява личните данни на Ползвателя, освен ако Ползвателят не е изразил изричното си несъгласие с това.

(4) При изрично съгласие, дадено от Ползвателя или Потребителя, Доставчикът има право да му изпраща по всяко време електронни съобщения, включително бюлетин или предложения за покупка на стоки.

(5) Ползвателят или Потребителят се съгласява, че Доставчикът има право да събира, съхранява и обработва данни за поведението на Ползвателя или Потребителя при използването на електронния магазин на Доставчика за целите на подобряване на предоставяните услуги.

Чл. 10 (1) Във всеки момент, Доставчикът има право да изисква от Ползвателя да се легитимира и да удостовери достоверността на всяко едно от обявените по време на регистрацията обстоятелства и лични данни.

(2) В случай че по някаква причина Ползвателят е забравил или изгубил своите име и парола, Доставчикът има право да приложи обявената "Процедура за изгубени или забравени имена и пароли", достъпна на интернет сайта на Доставчика, достъпна на адрес http://[*]/bg/password-recovery

 

VII. SPECIFIC PROVIDER OBLIGATIONS. CONSUMER PROTECTION

Art. 11. The rules of this section apply only to Users for whom, according to the data specified for the conclusion of the distance sales contract or during the registration in the Electronic Store, it can be reasonably concluded that they are users within the meaning of the Consumer Protection Act (“CPA”), the Electronic Commerce Act (“ET”) or Directive 2011/83/EC of the European Parliament and the Council of 25.10.2011.

Art. 12 (1). The main specifications of the goods offered on the Supplier’s website are defined in the profile of each good.

(2) The value of the postal or transport costs, not included in the price of the goods, is specified by the Supplier and provided as information to the Users when selecting the goods for concluding the distance sales contract.

(3) The methods of payment, delivery and performance of the contract are defined in the present general conditions and the information provided to the User through the mechanisms on the website.

(4) The information provided to the Users under this article is current at the time of its visualization on the website www.allkids.bg before the conclusion of the distance sales contract.

(5) Users agree that all information required by the Consumer Protection Act can be provided via the website www.allkids.bg or e-mail.

(6) Discounts, promotions and gifts are provided by the Supplier to the Users in compliance with the requirements of the Consumer Protection Act and according to the conditions for the relevant goods announced by the Supplier through the electronic store.

Art. 13. The user pays for the ordered goods by making a bank transfer, by using the online platform available through the Electronic Store or by cash on delivery to the postal operator who made the delivery.

Art. 14 (1) When placing the order, the User is notified of the costs related to the delivery of the goods, and they are fully borne by him. The costs related to the delivery of the goods are determined depending on the number, volume and weight of the ordered goods, the place of residence of the recipient, the day of delivery, as well as whether the delivery is made to the office of the courier services or to the address of the User.

(2) The conditions and costs for the delivery of goods outside the territory of the Republic of Bulgaria are determined depending on the number, volume and weight of the ordered goods, the place of residence of the recipient, the day of delivery, as well as whether the delivery is made to an office of the courier services or to the address of the User.

Art. 15. The goods are delivered to the address specified by the User or to the address of the office of a courier company.

Art. 16 (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, counted from the date of acceptance of the goods, in which period the goods, together with the notice of refusal, should be sent to the headquarters of the Supplier, through the single contract withdrawal form, available on the Supplier’s website and in Appendix No. 1 to these general terms and conditions. Information on exercising the right of refusal is also available in Appendix No. 2 to these Fr conditions.

(2) The right of refusal under para. 1 does not apply in the following cases:

  1. for the delivery of goods made to the customer’s order or ordered according to his individual requirements;
  2. for goods received as a gift or as a supplement from a promotional campaign;
  3. for the provision of services where the service has been fully provided and its implementation has begun with the express prior consent of the user and confirmation by him that he knows that he will lose his right of withdrawal after the contract is fully fulfilled by the Provider;

(3) The User may exercise his right to withdraw from the contract with the Supplier by making a written statement to the Supplier using the standard contract withdrawal form, available on the website of the Electronic Store and in Appendix No. 1 to these general terms and conditions. If the returned goods do not arrive as described in para. 1 term at the specified address, the return is refused. To benefit from the return policy, the consumer must keep the goods with their tags, without washing, ironing, dressing or using them in any way, and without inflicting any mechanical or other defects on them. Otherwise, the return of the goods is refused. The money for the return of purchased goods is deposited to the user when he, in his capacity as a buyer, indicates the correct number of the electronic purchase, his exact address, e-mail and telephone number, as well as a personal bank account to which the transfer of the refund will be made.

Art. 17 (1) When the User has exercised his right to withdraw from the contract at a distance, he should return the goods to the Supplier in proper commercial form and packaging no later than 14 days after receiving the shipment.

(2) All costs related to the return of the goods from the User to the Supplier are entirely at the expense of the User.

(3) The user can use a courier at his discretion for the return of the goods, and all costs related to the return are entirely at his expense.

(4) The User undertakes to store the goods received from the Supplier and to ensure the preservation of their quality, commercial appearance and safety during the period under para. 1.

Art. 18. In case of cancellation of the contract by the User, the Supplier shall refund the amount paid within 14 days after receiving the returned goods, by bank transfer to the bank account specified by the User and upon fulfillment of the following requirements:

  1. in the case of goods returned and received by the Supplier in good commercial condition, without visible contamination and/or damage, as a result of use or other circumstances;
  2. in the presence of an attached payment document for the purchase of the goods.

(2) The user examines the goods for compliance with his order directly in front of the official from the courier company. In case of no objection at this point, it is considered that the User has accepted the delivery as corresponding to the order placed.

(3) Reimbursement of the amount paid upon cancellation of the contract upon fulfillment of the conditions under para. 1, is carried out only by bank transfer to the bank account specified by the User.

Art. 19 (1) The user submits the purchased goods for exchange no later than 30 days after receiving them, by necessarily presenting a receipt or invoice for the purchased goods.

(2) The supplier has the right to refuse to accept the requested replacement if he finds contamination or damage to the goods, as well as if they are not returned in their original packaging.

(3) The supplier replaces the purchased product with another product of the same type and quality, or in the absence of such – with a product of the customer’s choice for the same value. In the event that the product was in a promotion at a reduced price, the customer has the right to exchange it with another product at the same price that the customer actually paid to the Supplier.

Art. 20 (1) Orders placed on the website www.allkids.bg are confirmed, processed and sent by the Supplier within 1 to 3 working days from the day the order was placed.

(2) In case of an order made on Friday after 2 p.m., Saturday and Sunday, as well as during official holidays for the Republic of Bulgaria, the deadline for processing under para. 1 runs from the first working day.

(3) The term of delivery of the goods is determined for each product separately when concluding the contract with the user through the website www.allkids.bg

(4) In the event that the User and the Supplier have not determined a delivery time, the delivery time of the goods is from 3 to 10 working days, starting from the date of dispatch of the order.

(5) In the event that the goods are not available in the Supplier’s warehouse at the time of ordering, the delivery term is specified additionally. The user will be notified of the above.

(6) If the Supplier cannot fulfill the contract due to the fact that he does not have the ordered goods, he is obliged to notify the consumer and refund the amounts paid by him.

 

 

VIII. TERMINATION

Art. 21. These general conditions and the User’s contract with the Supplier are terminated in the following cases:

  1. upon termination and declaration of liquidation or declaration of bankruptcy confidentiality of one of the parties to the contract;
  2. by mutual agreement of the parties in writing;
  3. in case of objective inability of one of the parties to the contract to fulfill its obligations;
  4. when the equipment is seized or sealed by state authorities;
  5. in case of deletion of the User’s registration, the Supplier’s electronic store. In this case, the concluded but unexecuted sales contracts remain valid and enforceable.

Art. 22. The Supplier has the right at its discretion, without giving notice and without paying compensation, to unilaterally terminate the contract, in the event that it finds that the User uses the electronic store in violation of these general terms and conditions, the legislation in the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practice in electronic commerce.

 

  1. RESPONSIBILITY

Art. 23. The User undertakes to indemnify and indemnify the Provider from legal claims and other claims of third parties (whether justified or not), for all damages and costs (including attorney’s fees and court costs) arising from or in connection with (1) failure to fulfill any of the obligations under this contract, (2) violation of copyright, production, broadcasting rights or other intellectual or industrial property rights, (3) wrongful measure transfer to other persons of the rights granted to the User, for the term and under the terms of the contract and (4) falsely declaring the presence or absence of the quality of user within the meaning of the Consumer Protection Act.

Art. 24. The supplier is not responsible in case of force majeure, random events, Internet problems, delay of couriers, delay of banks, technical or other objective reasons, including orders of the competent state authorities.

Art. 25 (1) The Provider is not responsible for damages caused by the User to third parties.

(2) The Supplier is not responsible for property or non-property damages, expressed in lost benefits or suffered damages, caused to the User in the process of using or not using the Electronic Store and concluding distance sales contracts with the Supplier.

(3) The supplier is not responsible for the time during which the electronic store was not accessible due to force majeure, technical or other objective reasons, including orders of competent state authorities.

(4) The supplier is not responsible for damages from comments, opinions and publications under the products in the Electronic Store.

 

Art. 26 (1) The supplier is not responsible in case of overcoming the security measures of the technical equipment and this results in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.

(2) The Supplier shall not be liable in the event of the conclusion of a sales contract, provision of access to information, loss or change of data occurring as a result of false identification of a third party who presents himself as the User, if it can be judged from the circumstances that this person is the User.

 

  1. OTHER TERMS

Art. 27 (1) The User and the Supplier in the Electronic Store undertake to protect each other’s rights and legal interests, as well as to protect their trade secrets, which became their knowledge in the process of executing the contract and these general terms and conditions.

(2) The User and the Supplier undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence between them. Publication of correspondence in print and electronic media, Internet forums, private or public websites, and others may be considered public domain.

Art. 28. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.

Art. 29 (1) 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.

(2) In case of failure to reach an agreement to resolve the dispute out of court, the parties may refer the dispute for resolution by the competent Bulgarian courts and the Commission for Consumer Protection.

Art. 30. These general conditions enter into force for all Users on 19.07.2023.

 

 

Application No. 1 – Standard form for observing the right of withdrawal from the contract

 

(fill in and send this form only if you wish to withdraw from the contract)

 

– To „ALL KIDS BRAND“ Ltd., registered in TRRYULNC with EIK 207260675, with headquarters and management address in the city of Sofia 1000, Triaditsa district, 86 Knyaz Boris I street, floor 3

– I/we hereby acknowledge that I/we hereby waive the exclusions from the contract for the purchase of iced goods:

 

– Sent to*/Received to*

– Name of the User

– Address of the User

– Date

 

* The unnecessary should not be filled.

 

 

 

Application No. 2 – Information about the right to cancel the contract

 

Standard answer questions:

  1. Right of withdrawal from the contract of storage or outside the commercial object.
  2. You have the right to cancel the current contract, without giving reasons, within 14 days.

III. The time limit for cancellation is 14 days from the date on which you or a third party member, other than the first one and started by you, came into possession of the goods.

In order to receive the right to cancel, you must notify us at the contact details found on www.allkids.bg and to cancel the contract with an express request (such as a letter sent by post or e-mail).

You can use the provided standard response form, but this is not required. You can also complete and submit electronically.

Please use the standard cancellation form or the simple cancellation request on our website. In order to preserve the right to cancel the contract, it is sufficient to send the notice and the same notice of the right to cancel before the expiry of the right to cancel the contract.

  1. Actions of cancellation

If you cancel this contract, we will refund all payments we have received from you, excluding additional charges due to your refusal of the delivery method. Without undue delay and in any case no later than 14 days from the date on which you inform us of your request to cancel the current contract.

We will issue the refund to your bank account; In all cases, this refund will not be subject to any claims for you. We have the right to delay the refund of payments until we receive the goods in return or until you provide us with proof that you have received the goods in return, in the silence of that, which of the two events has accumulated more.

However, you must take the necessary steps upon returning the goods. Please note that these items will not exceed the approximate cost of delivery or standard packaging. You are solely responsible for reducing the value of the products as a result of their use, other than the necessary for improving its structure, aesthetics and quality after functioning.