General Conditions
General conditions
I. GENERAL PROVISIONS
The following terms and conditions (hereinafter referred to as the “Terms and Conditions”) govern the use of this website and regulate the relationship between the supplier HubiKa Ltd. and the persons using the online shop available at www.vodna-mygla.com (hereinafter referred to as the “Site”) for the purchase and sale of water mist components and packages.
In connection with the above, please read these Terms and Conditions carefully before requesting and making a purchase from the online store.
The Terms and Conditions may be updated or changed from time to time – so please read the current version carefully before making any purchase.
1. Parties to the Terms and Conditions
1) “HubiKa” EOOD – commercial company, duly registered according to the requirements of the Bulgarian Legislation, with registered office and management address. with registered office and address of business activity. 30 “Urvich”, UIC: 201224448, hereinafter referred to as “Hubica” Ltd, “the Company” or “we” and
2) Any adult (18 years of age or older) and capable natural person, as well as any minor (between 14 and 18 years of age), who has previously obtained the consent of a parent or other legal representative, who has agreed to these Terms and Conditions and uses the Site to purchase goods, hereinafter referred to as “User”, “User” or “You”.
2. Acceptance/non-acceptance of the General Terms and Conditions
1) By ticking the box in front of “I have read and accept the Terms and Conditions” when completing the order, it is deemed that you have read and understood these Terms and Conditions and agree to be bound by them. From the moment of checking the box, the possibility arises for you to make valid orders for the purchase of goods offered through the online store.
Please note that your consent to these Terms and Conditions cannot be withdrawn retroactively while a contract for the purchase of goods from the online store is in force or until all amounts due to Hubica Ltd. have been paid.
2) If you do not agree to the Terms and Conditions, please do not use the Site to make purchases of goods from the online store.
3. Identifying the User
In connection with the reproduction of the User’s statement of consent to these Terms and Conditions, as well as in connection with the User’s orders from the online store, it is necessary to identify the User. Said identification is done by: storing in log – files on the server of www.videonabludenie-bg.com the IP-address of the User, his personal data provided at registration and completion of an order, as well as any other information provided by the User.
4. Privacy Policy
1) By accepting these General Terms and Conditions, the User gives his/her consent unconditionally and indefinitely, until its possible revocation in writing (with a duly written statement to the contact address of the Company indicated in Art. III, 4 below), the personal data provided by him/her may be used by HubiKa Ltd. or persons authorized by the Company (including, but not limited to, courier companies) for the purposes of the execution of the contracts concluded for the purchase of goods from the online store and for the delivery of the goods, as well as for other purposes not prohibited by applicable law.
2) “HubiKa” Ltd. does not distribute unsolicited commercial communications within the meaning of the Electronic Commerce Act.
5. Copyright
1) The Company and/or its partners and suppliers are the owners of all content on the Site, including the “HubiKa” Ltd. trade name, logo, corporate symbols and images, and trademarks displayed on the Site. No part of this Site may be reproduced in any form – may not be copied, distributed, or used as photographs, text, graphics, services, in any media or computer medium; the purpose of reproduction, distribution, or use is irrelevant without the express prior written consent of the Company or its respective partner/supplier. The material published and displayed on the Site is protected by the Copyright and Related Rights Act, the Trade Marks and Geographical Indications Act and other relevant legislation, and any unauthorised use will be treated as an infringement of copyright, trade mark rights or other relevant legislation.
2) The User has the right to freely use the materials and resources on the Site for lawful purposes, subject to the restrictions set forth in these Terms and Conditions. The User is not entitled to use the Site:
– in a manner that violates, directly or indirectly, any applicable local or international law, and/or
– in a way which infringes, directly or indirectly, the rights of others, and/or
– for uploading and/or distributing materials that contain viruses or adware, or similar computer code intended to harm the rights and/or interests of third parties.
6. Limitation of liability
In connection with the use of the services of the Site and the online store, the User should note that:
1) HubiKa Ltd shall not be liable if for any reason (technical or otherwise) the User is unable to access the Site at any time.
2) The User’s access to the Site may be terminated at any time without any liability to the Company arising from such termination.
3) “HubiKa” Ltd. is not responsible for and does not guarantee the content of other sites that can be accessed through electronic references (links) published on the Site. All electronic references (links) on this Site are provided solely for the convenience of the User. The Company does not advertise, recommend or endorse the content of other sites.
4) “Hubica” Ltd. is not liable and makes no warranties regarding computer viruses and other malware affecting the User’s computer. The access to the Site and the use (including downloading) of any information from the Site shall be made by and at the expense of the User; the latter shall be solely responsible for ensuring all necessary measures to protect the device from which he/she accesses the Site.
5) “HubiKa” Ltd. is not responsible and does not guarantee that the User’s monitor reproduces the pictures on the Site and the goods offered in the online store in the most accurate and closest to the actual colors and shapes.
6) “HubiKa” Ltd. shall not be liable for inaccurate performance of a contract for the purchase of goods from the online store in the event that the User has provided outdated, false, incomplete or inaccurate data.
7) “HubiKa” Ltd. shall not be liable for any delay or failure to deliver goods ordered by the User.
8) Hubica Ltd. is not responsible for the privacy and security of personal data transmitted through the Site in case of unauthorized access (targeted /planned or accidental/ hacker attacks) by third parties; in addition – “Hubica” Ltd. does not store and respectively – is not responsible for data and information obtained in the case of payments made by credit or debit cards – this type of payments are made in accordance with the payment requirements (including – for identification, authentication and authorization) with this type of payment instruments set by the issuer of the respective card or intermediary for making payments (which “Hubica” Ltd. is not).
9) “HubiKa” Ltd. is not responsible for any differences between the prices of the goods listed on the Site and the prices advertised in other sales outlets for the same goods.
10) “HubiKa” Ltd. is not liable for damages caused by a defect in goods purchased from the online store – the responsibility is borne by the manufacturer of the goods.
11) “HubiKa” Ltd. shall not be liable for any claims regarding damage to goods caused by the use of goods purchased from the online store in contravention of the intended use and conditions of use of the respective goods, the technical safety standards or the relevant regulations applicable on the territory of the Republic of Bulgaria.
7. Change of General Terms and Conditions
“HubiKa Ltd reserves the right to change these Terms and Conditions at any time without prior notice. Amendments shall take effect from the day they are published on the Site and shall have no further effect – they shall not affect orders confirmed by the Company prior to that time.
II. SERVICES
1. Contract conclusion
1) An order for goods shall be deemed to have been placed upon completion of the relevant registration form on the Site. The registration form includes details of:
– the consignee of the goods;
– place of delivery;
– characteristics of the ordered goods;
– number of ordered goods;
– price of the ordered goods;
– method of payment.
2) The order is considered submitted after clicking on the button “I have read the Terms and Conditions and accept them” and clicking on the button “Complete Order”. By submitting the order, the User expressly agrees that he accepts the e-mail confirmation of the order sent to him by the Company for the provision of information and confirmation of the concluded contract, within the meaning of the Consumer Protection Act.
3) Confirmation of the specific order by HubiKa Ltd. is the condition under which the contract for the purchase of goods from the online store is considered concluded. The sending by the Company of the confirmation of the specific order,binds the Company and the User to the terms of the contract, to the conditions described in these General Rules, as well as to the relevant provisions of the Consumer Protection Act.
2. Price
1) All prices of goods offered in the Site’s online store:
– are quoted in Bulgarian leva;
– include VAT;
– include the price of the packaging of the relevant Goods;
2) For each item offered in the online store, its current price is indicated.
3) In cases where goods offered in the online store are discounted from their regular price, the corresponding discounted price shall be indicated along with the regular price. For the reduced price, what is stated in paragraph II, point 3.1) above applies.
3. Payment methods
When completing the order request, the User should select and specify the method of payment. This way can be:
– cash on delivery – the user pays the value of the order to the courier at the time of delivery of the ordered goods
– bank transfer
– online payment by debit, credit card
1) Payment by cash on delivery:
The payment of the declared value of the payment (the price that the User has to pay for the purchased goods) is made in the following way:
– by the recipient of the goods delivered
– the courier
– at the time of delivery of the shipment.
2) Payment by bank transfer:
Payment by bank transfer from the User’s account to our company account with the reason of order number
3) Payment by debit/credit card
The User shall also pay the cost of the courier service if there is an obligation to do so under these Terms and Conditions.
4. Delivery
In connection with the delivery and receipt of goods ordered from the online store, Users should bear in mind the following:
1) Only the goods ordered by the User and confirmed by the Company shall be delivered.
2) Delivery is made to the Republic of Bulgaria and all other countries available for selection on the Site
3) The delivery time is 5 – 7 working days from the day of the order confirmation. Within this period the order is processed, the ordered goods are handed over to a courier and delivered to the User.
3.1) The term of Express Delivery is 2 – 3 working days from the day of confirmation of the respective order. Within this period the order is processed, the ordered goods are handed over to a courier and delivered to the User.
3.2) In the case of “Black Friday”, “Christmas Promotion” and other similar campaigns, it is allowed to extend the “Standard” and “Express” delivery periods specified in point 4) and point 5) by an additional 5 working days.
– The User agrees that it is possible to extend the aforementioned delivery period due to unforeseen circumstances beyond the control of “HubiKa” Ltd. and in view of the provisions of the Consumer Protection Act.
4) The ordered goods are delivered by courier – EKONT, SPIDI, etc.
5) The ordered goods shall be delivered in packaging suitable for their type.
6) The ordered goods shall be delivered to the address or office of ECONT, SPIDI office and the recipient specified by the User in the order.
7) In the event that:
– The user is not found at the address specified in the request and
– the courier concerned is unable to make the delivery according to its working schedule,
follow the courier company’s notification policy (for more information, please visit the ECONT website.
If the User does not contact the courier within the above-mentioned period and thus the delivery of the parcel is impossible, the online sales contract is automatically terminated and the goods are returned to the Company.
8) In the event that the User wishes to redirect the shipment to another address other than the address already indicated in the order, which is confirmed by the Company, this is considered an additional service and the User / recipient of the goods should pay the cost of delivery (the due fee for express delivery), according to the tariff of ECONT).
9) In case of redirection of the shipment to another address other than the address already indicated in the order, which is confirmed by the Company, due to an incorrect or incomplete address provided by the User, this is again considered an additional service and the User / recipient of the goods shall pay the cost of delivery (the due fee for express delivery according to the tariff of ECONT).
In the cases referred to in paragraph II, points 5.8) and 5.9) above, the relationship of payment of the value of the delivery shall be settled between the User and the courier.
5. Passing the risk
The risk of loss or damage of the goods passes to the User at the moment when the User or the third person designated by him (the recipient of the goods), other than the courier, accepts the goods.
6. Warranty
1) For each product purchased from the online store, the User may use the legal guarantee provided for in the Consumer Protection Act for the conformity of the purchased product with the online sales contract.
2) In addition and beyond the legal warranty, some of the goods may have a commercial warranty.
– the commercial guarantee shall be expressly described in the description of the goods to which it applies;
– the commercial guarantee does not limit the statutory guarantee under the Consumer Protection Act;
3) The warranty period starts from the day of delivery of the goods.
4) Proof of the guarantee is the Proforma Invoice for receipt of the goods accompanying the ordered goods.
5) The guarantee does not apply in the following cases:
– no confirmation of delivery of the goods (copy of the Proforma Invoice not returned to the Company);
– The User fails to notify the Company of obvious defects of the goods found by the User upon receipt; notification shall be made by the User within 2 (two) days by email – to the Company’s email address;
– expiry of the statutory guarantee;
– the expiry of the commercial guarantee where the latter is longer than the statutory guarantee;
– mechanical damage to the goods caused by the User;
– consumables such as fittings, hoses, noozles;
– damage to the goods caused by use contrary to the intended purpose and conditions of use of the goods concerned, the technical safety standards or the regulations applicable in the Republic of Bulgaria
– damage to the goods caused by flood, fire or other force majeure.
7. Advertisement
The User has the right to file a claim with the Company. Prerequisites for making a claim are:
1) there is a discrepancy between the goods received on delivery and the contract concluded for the online sale of the same goods;
2) the claim shall be made by the User within 14 (fourteen) days from the date of delivery of the goods;
3) that the other conditions for making claims set out in these General Terms and Conditions (and in particular the conditions set out in Clause II, points 9 and 10 and in the Consumer Protection Act) are complied with.
The claim should be submitted to the following address: city of Sofia 1000 bu; Bulgaria 5, office 2
In case of a justified claim:
– The Company shall reimburse to the User the value of the goods – subject of the claim;
– the refund is made to the bank account specified by the User in the Return Form.
8. Return of goods
The user has the right to withdraw from the concluded online sales contract, subject to the following conditions:
– The cancellation shall be made within 14 (fourteen) days from the day of delivery of the goods.
– The goods are to be returned within the above mentioned time limit with their commercial appearance and packaging intact.
In the Return of Goods Form, the owner and bank account for the refund must be indicated.
– Return address: city Sofia 1000 bu; Bulgaria 5, office 2
Goods returned within the aforementioned time limit shall be deemed to have been returned only if the following conditions are met simultaneously:
– the goods are not used, soiled or damaged;
– the document with which the goods were received is attached;
– The costs of returning the goods are at the expense of the User – according to art. 47, par. 1, item 9 of the Consumer Protection Act; except in cases of obvious defects of the goods found and confirmed by the Company.
– Refunds shall be made within fourteen (14) business days of receipt of the returned Goods at the address specified for return, to the bank account specified by the User in the Return Form.
In order to inform the Company of the exercise of the right of withdrawal, the User may (but is not obliged to) use the possibility of communication with the Company by e-mail.
Rules applicable to the return of goods:
– Refunds shall only be made by bank transfer and in accordance with the provisions contained in these Terms and Conditions.
– Until the moment of delivery of the returned goods to the Company, the risk of their loss or damage is borne by the User.
– The returned goods are examined by opening the package received by the User in the presence of a committee. The findings of the committee on the condition of the returned goods shall be binding on the parties.
III. ADDITIONAL PROVISIONS:
1. Right of transfer
“HubiKa Ltd reserves the right to assign all of its rights and/or obligations under these Terms and Conditions and under any contract for the purchase of goods from the online store. In this case:
– The Company shall not be released from liability for the performance of obligations assumed towards the User and not fulfilled at the date of transfer;
– the transferee shall enter as a co-obligor of Hubica Ltd.
The transfer of rights and/or obligations shall be made by written notice to the User.
2. Right to change published information
“HubiKa Ltd Ltd reserves the right to change the information published on the Site at any time. Amendments shall be effective immediately (except for amendments to these Terms and Conditions) and shall be binding on the Parties to the Terms and Conditions from the time they are posted on the Site.
3. Cookies
The website www.vodna-mygla.com has the right to install on the User’s computer “cookies” (cookies), which are stored by the website on the User’s hard drive and allow the retrieval of information about the User. The Company uses only one type of cookies, which relate to the collection of statistics regarding visits to the Site and are not related to the personal data of the Visitor.
4. Contact
1) Correspondence with the Company for and/or in connection with purchases from the online store should be made at the following address and telephone number:
Address. Bulgaria 5
Phone: +359 888 2345 11
E-mail address: info@vodna-mygla.com
The Company maintains on the Site a publication of its identification and contact details for Users.
2) By accepting the Terms and Conditions, the User gives his/her express consent:
– The Company shall use the following technical means of contact with the User: e-mail with address:
info@vodna-mygla.com and/or phone number: +359 888 2345 11., and
– to receive notices from the Company by telephone and/or electronic means, including email communication or posting a notice on the Site.
5. Applicable law
1) The provisions of the civil legislation in force in the Republic of Bulgaria shall apply to all matters not covered by these General Terms and Conditions.
2) All disputes regarding the interpretation or performance of these Terms and Conditions and related contracts for online sales of goods through the online store will be resolved:
– by agreement between the Parties;
– in the event of an inability to reach an agreement and if the jurisdiction is not determined peremptorily, the disputes will be referred to the relevant court of general jurisdiction in Sofia.
3) If any provision of these General Terms and Conditions is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining provisions to the extent that the invalid provisions are superseded by relevant mandatory statutory provisions or to the extent that the Parties to these General Terms and Conditions may validly bind themselves contractually without the invalid portions of these General Terms and Conditions.