Art. 1. These General Terms and Conditions are intended to regulate the relations between Radapola EOOD, UIC: 203881414, with registered office and registered address. No. “Alexander Exarch” 11, hereinafter referred to as “SUPPLIER”, and the customers, hereinafter referred to as “USERS”, of the online store https://radapola.bg, hereinafter referred to as “Radapola“.
II. SUPPLIER DETAILS
Art. 2. Information under the E-commerce Act:
2. Address. 2. “Alexander Exarch” 11
3. Correspondence data. 2. 11 “Alexander Exarch”
Tel: +359 897 709 177;
6. Supervisory bodies:
(1) Data Protection Commission
Address. 1592 Sofia Str. “Prof. Tsvetan Lazarov” № 2
(2) Consumer Protection Commission
Address: 1000 gr. 1000 Sofia, pl. 1000 Sofia, “Slaveykov” № 4A, et. 3, 4 и 6
Tel: 02/933 0565
User phone number: 0700 111 22
III. WEBSITE FEATURES
Art. 3. Radapola.bg is an online shop accessible at the Internet address https://radapola.bg, which trades in handmade jewellery and accessories (referred to for short as “Products”), through which Users are able to conclude contracts for the purchase and delivery of the goods offered by the Supplier in the online store, including the following:
1. To register and create an account to view the Supplier’s e-shop and use the additional services to provide information or use the order method without creating their own account on the site.
2. To review the goods, their characteristics, prices and delivery terms;
3. To enter into contracts with the Supplier for the purchase and delivery of the goods offered on the Radapola website;
4. To receive information about new goods offered by the Supplier in the Radapola Online Store;
5. To make electronic statements in connection with the conclusion or performance of contracts with the Supplier through the interface of the Radapola website.
6. To be informed of their rights under the law, primarily through the e-shop interface on the Internet.
Art. 4. The Supplier shall organise the delivery of the goods and guarantee the rights of the Users provided for by law, within the framework of good faith, the criteria and conditions accepted in practice, consumer or commercial law.
Art. 5. (1) Users conclude a contract with the Supplier for the purchase of the goods at https://radapola.bg/checkout/.
The contract shall be concluded in Bulgarian and stored in the Supplier’s database.
(2) In order for the contract to be concluded, the User shall place an order after selecting a specific product and its quantity from the catalogue of the website.
(3) By virtue of the contract with the Users for the purchase and sale of goods, the Supplier undertakes to arrange the delivery and transfer of ownership of the User of the goods specified by him through the interface on the platform. Users have the right to correct errors in the input of information no later than the statement of conclusion of the contract with the Provider.
(4) The Users shall pay the Supplier remuneration for the delivered goods in accordance with the terms set out on the e-shop website and these General Terms and Conditions. The remuneration is the price advertised on the e-shop.
Art. 6. (1) The User and the Provider in the e-shop agree that all statements between them in connection with the conclusion and performance of the purchase contract may be made electronically and by electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Article 11 of the Electronic Commerce Act.
(2) Electronic statements made by Users of the Site shall be presumed to have been made by the persons indicated in the data provided by the User at the time of registration, if the User has entered the corresponding username and password.
IV. REGISTRATION TO USE RADAPOLA ONLINE SHOP
Art. 7. (1) In order to use the online store and to enter into contracts for the purchase and sale of goods, the User shall enter a name and password of his choice for remote access, thereby creating an account on the platform or ordering goods without registration from the Supplier’s website, which shall be deemed to have accepted these General Terms and Conditions.
(2) The name and password for remote access shall be determined by the User, by performing online registration on the Provider’s website, in accordance with the procedure specified therein.
(3) By filling in his/her details and clicking on the “Register” buttons, the User declares that he/she is familiar with these General Terms and Conditions, agrees with their content and undertakes to unconditionally comply with them. The User shall be deemed to have read and accepted these terms and conditions if he has gone through the “Order without registration” procedure.
(4) The Provider confirms the order made by the User by e-mail. A contractual relationship shall arise between him and the Supplier.
(5) When registering or ordering, the User undertakes to provide correct and up-to-date data. The User is obliged to promptly update the data specified in the registration or order in the event of a change.
(6) To place an order on the site, the User may use the “Order without registration” procedure, which does not require registration and creation of an account in the e-shop.
V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT
Art. 8. Users use the interface of the Supplier’s page in the Radapola e-shop to conclude contracts for the purchase and sale of the offered goods.
Art. 9. The Users shall conclude the contract for the purchase and sale of the Supplier’s goods according to the following procedure:
(1) Login to the Radapola website to place orders;
(2) Selecting one or more of the goods offered by the Supplier and adding them to a list of goods for purchase, indicating the number to be purchased;
(3) Providing the necessary data for the User’s individualization as a party to the contract;
(4) Provision of data for making the delivery;
(5) Choice of method and time of payment of the price.
(6) Order Confirmation.
VI. CONTENT OF THE CONTRACT
Art. 10. (1) The Supplier and the Users conclude separate contracts for the purchase of the goods requested by the Users, notwithstanding that they are selected by one electronic statement and from one list of goods to be purchased.
(2) The supplier may arrange for the delivery of the goods ordered by the individual purchase contracts together and simultaneously.
(3) The rights of the Users in relation to the delivered goods shall be exercised separately for each purchase contract. The exercise of rights in relation to goods delivered shall not affect or have effect in relation to contracts for the sale of other goods.
(4) If the User has the status of a consumer within the meaning of the Consumer Protection Act, Section VII of these General Terms and Conditions shall apply.
Art. 11. When exercising the rights under the contract of sale and purchase, the User shall be obliged to indicate accurately and unambiguously the contract and the goods in respect of which he exercises the rights.
Art. 12. The User may pay the price for the individual purchase contracts at once in the total amount when ordering the goods or when delivering them by cash on delivery at the time of receipt of the goods by courier,
VII. SPECIAL CLAUSES THAT APPLY TO PERSONS WHO ARE CONSUMERS WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT
Art. 13. The rules of this Section VII of these General Terms and Conditions shall only apply to Users for whom, according to the data provided for the conclusion of the purchase contract or upon registration in the Radapolacan be concluded that they are consumers within the meaning of the Consumer Protection Act, the E-Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.
Art. 14. (1) The main characteristics of the goods offered on the Radapola website are defined in the profile of each product.
(2) The value of the postage or transport costs not included in the price of the goods shall be determined by the Supplier and shall be provided as information to the Users when selecting the goods for the conclusion of the purchase contract.
(3) The methods 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 on the Radapola website.
(4) The information provided to the Users under this Article shall be up-to-date at the time of its display on the Radapola Site prior to the conclusion of the Purchase Agreement.
(5) Users agree that all information required by the Consumer Protection Act may be provided via the Radapola website or email.
(6) Discounts, promotions and gifts are provided by the Supplier to the Users in compliance with the requirements of the Consumer Protection Act and in accordance with the terms and conditions for the respective goods announced by the Supplier through the e-shop.
Art. 15. (1) The user pays for the goods by cash on delivery at the time of receipt of the goods by courier.
Art. 16. (1) The cost of delivery of the goods shall be paid in full by the User, with the cost of delivery for the territory of the Republic of Bulgaria depending on the courier services.
(3) The conditions and costs of delivery of goods within the Republic of Bulgaria are set out in the “Terms of Delivery” section of the Radapola website.
Art. 17. Delivery of the goods shall be made to the address indicated by the User or to the address of an office of a courier service Econt or Speedy.
Art. 18. (1) The user has the right, without compensation or penalty and without giving a reason, to withdraw from the contract within 14 days from the date of acceptance of the goods by contacting our assistant.
(2) The right of withdrawal under par. 1 shall not apply in the following cases:
1. for the delivery of products made to the user’s specifications or according to his individual requirements
2. for goods that, after receipt by the User, have been unpacked in such a way that their commercial appearance has been violated and have been tested in a way that violates the possibility of being offered again to other customers in the e-shop due to violation of their commercial appearance;
Art. 19. (1) Where the Consumer has exercised his right of withdrawal from the distance contract or from the off-premises contract, he shall return the goods to the Supplier in commercial condition no later than 14 days from receipt of the shipment.
(2) All costs of returning the goods from the User to the Supplier shall be borne entirely by the User.
(3) The user may use a courier at his discretion for the return of the goods, all costs associated with 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 referred to in par. 1.
Art. 20. (1) In the event of withdrawal from the contract by the User, the Supplier shall refund the amount paid within 14 days after receipt of the returned goods by cash on delivery from courier Econt or Speedy and upon fulfillment of the following requirements:
1. when the goods are returned and received by the Supplier in good commercial condition, without visible contamination and/or damage due to use or other circumstances;
(2) The consumer shall examine the goods for conformity with his order immediately before the official of the courier company. In the absence of any objection at that time, the User shall be deemed to have accepted the delivery as corresponding to the order placed.
(3) Refund of the paid amount in case of withdrawal from the contract is by cash on delivery from courier Econt or Speedy.
Art. 21. (1) The consumer has the right to claim for replacement of the purchased goods within 30 days from the date of receipt by contacting our associate, in case the received goods do not correspond to the goods ordered for purchase or have a manufacturing defect.
(2) The consumer shall claim the purchased goods not later than 30 days from the receipt of the goods.
(3) The Supplier has the right to refuse to accept the replacement if he finds contamination or damage to the goods and if they are not returned in their original packaging.
(4) The supplier shall replace the purchased goods with other goods of the same type and quality, or in the absence of such – with goods of the customer’s choice for the same value. In the event that the goods have been on promotion at a reduced price, the customer shall be entitled to an exchange for other goods at the same price that the customer actually paid to the Supplier
Art. 22. (1) Orders placed on the Radapola website are confirmed, processed and dispatched by the Supplier on the day the order is placed.
(2) For orders placed on Saturdays after 12 noon and on Sundays, as well as on public holidays, the processing period under paragraph 1 starts on Monday or the first working day.
(3) The delivery period of the goods is determined for each item separately when concluding the contract with the user through the Radapola website.
(4) In case the User and the Supplier have not set a delivery period, the delivery period of the goods is from 1 to 2 working days from the date of dispatch of the order. Exceptions are accessories that are made especially for you according to your individual requirements and needs. When you place an individual order, you must discuss with Radapola in advance the time required for the production and delivery of your order.
(5) The terms and conditions for the delivery of goods in the territory of the Republic of Bulgaria are defined in the section “Delivery and Return” on the Radapola website.
(6) If the Supplier is unable to perform the contract due to the fact that he does not have the ordered goods, he is obliged to notify the consumer of this and to refund the amount paid by him, if such has been made.
VIII. CONTRACT PERFORMANCE
Art. 23. The Supplier may arrange for the goods to be delivered and handed over to the User by an appropriate courier within the time limit specified at the conclusion of the contract.
Art. 24. (1) The User must inspect the goods at the time of delivery and handover and if they do not meet the requirements notify the Supplier immediately. In the absence of notification under this Article, the goods shall be deemed to be in conformity at the time of delivery.
(2) If the User fails to notify the Provider in accordance with par. 1, the goods shall be deemed approved as conforming to the requirements, except for latent defects.
(3) Complaints for missing goods or goods with a visible defect shall be accepted by the Supplier only in the event that it is submitted at the time of receipt of the goods and in the presence of the courier who delivered the goods, which shall be certified in writing with the signature of the User and the Courier.
Art. 25. For the cases not regulated in this Section, the rules of commercial sale set forth in the Commercial Law and the Law on Obligations and Contracts shall apply.
XI. DATA PROTECTION
Art. 26. (1) The supplier in the online shop https://radapola.bg takes measures to protect the User’s personal data in accordance with the Personal Data Protection Act and the General Data Protection Regulation Regulation (EU) 2016/679 (GDPR) and collects, stores and processes personal data of Users and Users on the grounds, for the purposes, within the time limits and in compliance with the rights of individuals under the Personal Data Protection Policy of radapola.bg
(2) The Provider shall take measures to protect the User’s personal data in accordance with the Personal Data Protection Act.
(3) For reasons of security of the Users’ personal data, the Provider will only send the data to the e-mail address that was provided by the Users at the time of registration.
(4) The Provider shall be entitled to store data in the User’s terminal communication device, unless the latter expressly opposes this.
(5) The User agrees that the Provider is entitled to send electronic messages to the User at any time as long as the User’s registration in the Provider’s e-shop is available.
(6) The User agrees that the Provider has the right to collect, store and process data about the User’s behaviour when using the e-shop.
Art. 27. At any time, the Provider shall have the right to require the User to identify himself and to certify the veracity of any of the circumstances and personal data declared at the time of registration.
X. AMENDMENT AND ACCESS TO TERMS AND CONDITIONS
Art. 28. (1) These General Terms and Conditions may be amended by the Provider, for which the Provider will notify all registered Users in an appropriate manner.
(2) The Provider and the User agree that any supplement and amendment to these General Terms and Conditions shall have effect against the User in one of the following cases:
1. after being expressly notified by the Supplier and if the User does not state within the 14-day period granted to him that he rejects them; or
2. after their publication on the Provider’s website and if the User does not declare within 14 days of their publication that he rejects them;
3. with the User’s explicit acceptance of the same through his/her profile on the Provider’s website.
(3) The User agrees that all statements of the Provider in connection with the amendment of these General Terms and Conditions will be sent to the e-mail address specified by the User upon registration. The User agrees that e-mails sent pursuant to this Article need not be signed with an electronic signature in order to be effective against him.
Art. 29. The Provider shall publish these General Terms and Conditions at radapola.bg together with all amendments and modifications thereto.
Art. 30. These General Terms and Conditions and the User’s contract with the Provider shall be terminated in the following cases:
- in the event of dissolution and liquidation or bankruptcy of one of the parties to the contract;
- by mutual agreement of the parties in writing;
- in the event of objective impossibility of either party to the contract to perform its obligations;
- in case of seizure or sealing of the equipment by government authorities;
- in case of cancellation of the User’s registration of the Provider’s e-shop. In this case, the purchase contracts concluded but not executed shall remain valid and enforceable;
Art. 31. The Provider shall have the right to unilaterally terminate the Contract at its own discretion, without notice and without compensation, if it finds that the User is using the e-shop in violation of these General Terms and Conditions, legislation in the Republic of Bulgaria, generally accepted moral standards or generally accepted rules and practices in e-commerce.
Art. 32. The User shall indemnify and hold harmless the Provider from and against all legal actions and other claims by third parties (whether or not meritorious), for all damages and expenses (including attorneys’ fees and court costs) arising out of or in connection with (1) the User’s failure to perform any of its obligations under this Agreement, (2) the User’s breach of any copyright, production, broadcast, or other intellectual or industrial property rights, (3) wrongful assignment to others of rights granted to User during the term and subject to the conditions of this Agreement, and (4) misrepresentation of the existence or absence of consumer status within the meaning of the Consumer Protection Act.
Art. 33. The Provider shall not be liable in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.
Art. 34. (1) The Provider shall not be liable for damages caused by the User to third parties.
(2) The Provider shall not be liable for any material or non-material damage, consisting in lost profits or damages suffered by the User in the process of using or not using the online store radapola.bg and concluding purchase contracts with the Provider.
(3) The Supplier shall not be liable for the time during which the e-shop was unavailable due to force majeure.
(4) The Supplier shall not be liable for any damages resulting from comments, opinions and posts under the products in the Radapola Online Store.
Art. 35. (1) The Provider shall not be held liable in the event that the security measures of the technical equipment are overcome and loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences follow.
(2) The Provider shall not be held liable in the event of conclusion of a purchase contract, provision of access to information, loss or change of data occurring as a result of false legitimation of a third party posing as the User, if it can be inferred from the circumstances that this person is the User.
XIII. OTHER CONDITIONS
Art. 36. (1) The User and the Provider in the Radapola Online Shop undertake to protect their rights and legitimate interests and to protect their trade secrets that have become known to them in the course of the performance of the contract and these General Terms and Conditions.
(2) The User and the Provider undertake not to make public any written or oral correspondence between them during and after the expiry of the contract period. The publication of correspondence in print and electronic media, internet forums, private or public websites, etc. may be considered public domain.
Art. 37. In the event of a conflict between these General Terms and Conditions and the provisions of a special contract between the Provider and the User, the provisions of the special contract shall prevail.
Art. 38. The possible invalidity of any provision of these general terms and conditions shall not invalidate the entire contract.
Art. ( 1) The laws of the Republic of Bulgaria shall apply to any matters not provided for in this Contract relating to the performance and interpretation of this Contract.
(2) The User shall have the right to refer all disputes with the Provider regarding the performance of this Contract to the Alternative Dispute Resolution (ADR) platform through the out-of-court procedure available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show. In the event of failure to reach an agreement to resolve the dispute out of court, the parties may refer the dispute to the competent Bulgarian courts and the Commission for Consumer Protection.
Art. 40. These General Terms and Conditions shall come into force for all Users on 01.01.2022.