Terms of Use
GENERAL TERMS OF USE FOR THE ONLINE STORE
I. GENERAL
1.1. These General Terms regulate the content and execution of distance sales contracts through the Online Store, accessible through the Site https://seewinesspirit.com/.
1.2. The Online Store and the Site through which it is accessible, allow the Clients to browse the Goods, and conclude agreements for the purchase of said Goods.
2. The Online Store is maintained by „Seewines Spirit“ Jsc., with UIC 203328730, having its seat in Sofia, with Management address in Vitosha region, 106 Bulgaria blvd., entr. D, telephone +359 884308778, e-mail: info @arkana.bg
3.1. These General Terms are binding and mandatory to all Clients, including any party visiting and/or using the Site, registering an account in t he Site, and/or purchase Goods through the Online Store. By accessing the Site, the parties which use it, agree and accept these General Terms in their entirety and agree to keep to them in any given revision, at any given moment.
3.2. Each use of the Online store and the services shall be interpreted to meant that the Client has /a/ carefully read through the current General Terms, and /b/ has agreed to unconditionally follow them, and /c/ has reached the statutory age of maturity and is in full legal capacity. Should any one person not agree with the current General terms and the Privacy policy, is not in full legal capacity, and/or has not reached the age of maturity, that person is to mandatory terminate their use and access of the Site.
4. These General Terms shall be automatically applied to any distance purchase agreement, concluded with the Online Store as a party, unless another valid agreement exists, between the Supplier and the Client, which derogates or otherwise limit their application.
5. In case of discrepancies between these General Terms and the provisions of an additional agreement between two parties, the special provisions of the agreement shall prevail.
6. The Site contains the basic characteristics and Prices of the Goods. These characteristics and Prices, may be changed by the Supplier at any given time. The information presented on the Site may contain errors and mistakes, due to technical reasons, regarding which the Supplier shall not be held liable.
7. Excluding circumstances where explicitly expressed otherwise, any and all rights for the Site, Online Store and information, including copyrights and other intellectual property rights, shall be the property of „Seewines Spirit“ Jsc., or any of their affiliates, and fall under the protection of Bulgarian or European copyright, related rights, trademark and geographical indications legislation. No element of the Site may be interpreted as to provide a Client with consent or permission to use photographs, trademarks, logos, as well as any other information from its content. The act of copying or downloading information from the Online Store, does not provide the Client with any copyright over said information. The Site contents may be amended at any moment, as per the Supplier‘s discretion.
II. DEFINITIONS
All throughout these General Terms the words and phrases listed below shall have the meaning described hereto, either in singular or plural form, spelled with or without an article, unless the context suggests otherwise, or another meaning is not explicitly established:
1. Supplier – shall refer to Seewines Spirit Jsc, with UIC 203328730, with seat in Sofia-city and management address in Vitosha region, 106 Bulgaria blvd, entr. D
2. Site – shall refer to the internet page, maintained by the Supplier, accessible through: https://seewinesspirit.com/, as well as any and all digital content therein.
3. Online Store – shall refer to the electronic commerce platform, accessible through the Site, which shall be used by the Supplier to offer Goods for sale, to execute orders and conclude distance sale agreements, in accordance with the current General Terms.
4. Client/User – shall refer to any natural entity, having reached the age of maturity (18 years old) and of legal capacity, regardless of whether or not they have registered on the Site, by the means of a User account, which uses the Site in any way, including but not limited to browsing, making orders from the Online Store, purchases Goods, returns, Goods.
5. Goods – shall refer to each of the items, offered by the Supplier via the Online Store.
6. User account – shall refer to a separate part of the Site, consisting of a e-mail address and password, which allows the Client to issue an order, containing Client information, provided by the Client when registering a User account, as well as a history of some of their past activity in the Online store (orders, addresses, names, delivery means.
7. Price – shall refer to the final price per unit or per specified quantity of Goods, VAT included, as well as any additional taxes and charges, under applicable law. The Price does not include Price of Delivery. In the event of promotions, discounts, campaigns, the Price shall be valid only insofar as the period for which they are provided lasts.
8. Price of Delivery – shall refer to expenses suffered, by the Supplier for the delivery and transport of the Goods to the Client, VAT included.
III. ONLINE STORE CHARACTERISTISCS
1. The Online Store constitutes a platform for electronic commerce, accessible via the Site, through which Clients may concluded distance sale and delivery agreements for the Goods, as provided by the Supplier, including:
1.1. To register and create a User account within the Online store.
1.2. To browse the Goods, as presented in the price catalog of the Supplier, their basic characteristics (content, description, etc.), price and delivery terms.
1.3. To conclude sale and delivery agreements with the Supplier, for the available Goods, offered via the Online store.
1.4. To execute payments in regards to the agreements concluded with the Supplier, in accordance with the Online store supported payment methods, if available.
1.5. To receive information regarding new Goods, services or other promotions, provided by the Supplier through the Site.
1.6. To file inquiries for future available quantities of Goods, as well as to track the current state of their orders, filed through the Online store.
1.7. To be notified regarding their rights under applicable legislation and to exercise said rights.
2. The Supplier shall create and maintain within the Online Store platform a product catalog with the Goods which are available for sale, where each separate item shall be individualized by the means of a name and image.
3. The product catalog available for the Online Store does not constitute a binding commercial offering (public invitation) regarding the Supplier, as per art. 290 of the Commerce Act.
4. The Site and the Online Store therein, as well as all its functionalities are only available for natural entities of legal capacity, over the age of 18 years old (age of maturity).
4.1. The User shall declare their age, by pushing an explicit confirmation button, that he has reached the age of maturity, when accessing the Site. The Supplier shall not be liable in the event of a Client declaring their age falsely.
IV. CREATING A USER ACCOUNT
1. Registration (creating a User Account, in the Online Store is not in any way mandatory and is absolutely free of charge. The registration is required only when using certain functionalities of the Site. The User may freely browse the Site and the Goods presented, without having a User Account. Registration is also not mandatory when filing an order and conclusion of a purchase agreement for the Goods.
2. To be registered, a User must fill in a registration form, available on the Site, including their First and Last name, phone number, e-mail, and the password as selected by them. Mandatory fields are explicitly marked as such.
2.1. A User Account may be created by a User by the means of accessing the Site through third party accounts in different social media platforms (such as Facebook, Google, etc.) In this case the menu for access to the User Account shall explicitly provide the option to use such an account. The registration services with third party account shall be provided and maintained entirely by their respective provider-platform, whereas they are only integrated with the Site through an open source code, and as such the Supplier shall not be held liable for any previous data processing by the respective platform, as well as of the validity of the information they will receive.
3. After filling in the data, in order for the Client to finish the registration, they must press an explicit button with which they state that they have read and accepted these General Terms as well as the Supplier‘s Privacy Policy. The User will be asked to provide consent to receive promotional information regarding discounts and promotions via their e-mail. This consent is not mandatory to complete the registration.
4. After having completed the previous steps, to finalize the registration, the User must press a button to confirm the registration, and to receive an e-mail to the address provided, regarding the confirmation of the registration. The content of the e-mail shall contain an individual hyperlink for the newly created User Account. By clicking the hyperlink the User Account is activated and may therefore be accessed at anytime by the Client, via the e-mail and user password provided.
5. Prior to completing an order through a User Account, the User shall additionally provide a delivery address in the event that he wishes the ordered goods to be delivered to an address specified by him. The data will be saved in the User Account, processed in accordance with Supplier Privacy Policy and may be used in a subsequent order, or edited/deleted at any time by the User.
6. By providing the necessary data to create a User Account and to place an order, the User agrees:
6.1. To provide true, accurate, current and complete information about themselves when completing the registration form;
6.2. To make changes to such personal data as necessary to ensure its accuracy, correctness, timeliness and completeness.
7. In the event that the User provides false, inaccurate, outdated or incomplete information, the Supplier has the right to block and/or delete the User's account and deny further access to some or all of its services.
8. The Supplier shall not be liable for incorrect and/or inaccurate order execution, including for undelivered orders or invoices made in connection with the information received from the Client. In such cases, the cost of return to the Supplier, or re-shipment of Goods to the Client shall be borne by the Client.
9. The User is responsible for maintaining the confidentiality of their User Account. The User shall immediately notify the Supplier of any unauthorized use of the User Account, or any other breach of security. The User shall be solely responsible for any damages incurred by them and/or by the Supplier due to the unauthorized use of their Online Store access data by a third party.
10. After creating a User Account, the User can authenticate their identity each time they visit the Site by entering their user data (e-mail and password) in the User Account login system.
11. In case the User forgets (loses) their password, the User can request the Supplier to create a new password by clicking the button for this on the login page of the User Account, and the Supplier will automatically send a message to the User's e-mail containing an electronic form for password recovery.
V. ORDERS AND CONCLUSION OF AGREEMENT
1.1. The Client shall be entitled to order all Goods offered for sale through the Online Store and available at the relevant time. Orders are placed online through the Site and are accepted 24 (twenty-four) hours a day, every day. Orders are processed manually by the Suppliers employees, during regular working hours.
1.2. The Supplier does no guarantee and cannot be held liable regarding the processing of orders by the electronic system, as the same may not function at any time.
1.3. Until the order has been confirmed in accordance with clause 2.6 of this Section, the Supplier shall have no obligation and shall not be liable to the Client in connection with any order placed by the Client for Goods, availability or other.
2. The contract for the purchase and sale of Goods shall be deemed concluded between the Client and Supplier upon the successful completion of the following procedure:
2.1. Visiting the Online Store by accessing the Site by the Client;
2.2. Selecting one or more of the Goods offered by Supplier and adding them to the virtual basket. Goods may be of the same or of different kinds. Adding Goods to the basket does not result in the Goods being reserved for the relevant Client, or the order being registered;
2.3. Providing the necessary data in order individualize the Client as a party to the contract, or login to the User Account, in case the same data have been previously saved in it. Client’s individualizing data are names, telephone number and delivery address;
2.4. Choosing a payment method for the Price, including the Delivery Price;
2.5. Confirmation of the order by the Client by clicking on an explicit interactive button to do so, such confirmation of the order is contractually binding for the Client, who expressly agrees to the terms of the purchase contract for the selected and ordered Goods;
2.6. Receiving an order confirmation via email and telephone with the Client order details.
2.7. Paying the price of the Goods in accordance with the provisions of Section VI of the present General Terms except in the case of payment by cash on delivery;
3.1. The distance sales contract for Goods between the Supplier and the Client shall be deemed to be concluded upon receiving both the order confirmation email and the telephone call referred to in clause 2.6 of this Section, where both conditions are required cumulatively. The contract consists of the current General Terms and the confirmation under clause 2.6.
3.2. The contract shall be deemed concluded only for those products whose order has been expressly confirmed by the Supplier. The Supplier will not be obliged to supply any other Goods which may have been part of the Client order but the order for which has not been explicitly confirmed by the Supplier.
3.3. In the event that the Client has ordered Goods listed as being available in the Online Store due to a technical error, yet the same are not actually available and cannot be delivered, the Client shall receive an indicatory email or phone call regarding this circumstance. The same will constitute a complete withdrawal of the Client order with no conclusion of a purchase contract, for which the Supplier shall not be liable.
3.4. The parties may specify delivery of Goods which can substitute the missing, by the means of a telephone call, for which the Supplier shall send a confirmation e-mail. In such case the Client shall be bound by the offer, following the conclusion or following the sending of written consent for accepting the offer. When concluding a distance contract over the phone, the contract enters into force and the Client is bound by the offer, as of the date of the Supplier receiving the Client‘s consent in writing.
3.5. When ordering 6 (six) or more of the same Goods, the Client shall receive a discount of the final price to the amount of 10 % of its full value. The discount and its amount is visualized in the basket prior to the finalization of the order. The Supplier shall not be liable if the discount is not added due to a technical malfunction or error in order processing. The Supplier may at any point choose not to provide the discount described herein.
4. In the case of an order of Goods placed without the use of a User Account, the Client accepts these General Terms at the time of finalizing the order by clicking on an explicitly available interactive button for this.
5. The Supplier shall be entitled to refuse to execute the order placed by the Client even after the confirmation within the meaning of paragraph 2.6 or paragraph 3.4 of this Section, for which it shall notify the Client in the following cases:
5.1. Unreceived payment within 24 hours, following the Suppliers confirmation or if the bank does not accept the payment transaction when paying online (if applicable);
5.2. Failure to provide correct Client details;
5.3. Client’s provided data is incomplete and/or incorrect;
5.4. Systematic violation of the present General Terms by the Client.
6. The execution of any of the rights in connection to the Delivery of Goods, shall not interfere and shall have no power regarding the contract for the sale and purchase of the other Goods. By exercising the rights in accordance to the contract for the sale and purchase of Goods, the Client is obliged to describe accurately the Contract and the Goods regarding which they exercise their right.
VI. PRICES AND PAYMENT
1. The Prices listed in the Online Store are provided in Bulgarian lev (BGN), with VAT as well as any other taxes and fees, applicable under Bulgarian legislation included. The Supplier may at any moment, without prior warning to amend the prices of the Goods, with the exception of those Goods, already ordered by the Client, whose order was confirmed by the Supplier in accordance with Section V. VAT is applied as per the statutory rate in force at the time of filing the order. The Price of Goods displayed on the Site, does not include the Delivery Price.
2. Payment of the Price is a mandatory condition for the transfer of the property of the Goods to the Client and the acceptance of the Order. With the acceptance of these General Terms, the Client is bound to pay to the Supplier in advance and in full the payment price of each Good, ordered through the Online Store, excluding the cases of payment by cash on delivery.
3. The Client has the right to choose from the following payment methods with the choice being made at the time of ordering:
3.1. Bank wire;
3.2. Cash on delivery;
4. 4. Any costs that may arise from the use of the payment methods provided shall be borne by the Client.
5.1. The above payment methods may be limited and/or modified at any time by the Supplier
5.2. Any restriction and/or modification of payment methods will have effect for the future and will not affect payments already made.
6. Payment by bank wire shall be performed within a 1 work day term, following the finalization of the order, to the following Supplier‘s bank account.
IBAN:
BIC:
Bank:
Account Holder:
The payment reason must include the Client‘s names, and the respective order number.
7. In the event of cash on delivery payment, the Client shall be provided with a receipt by the courier, which shall include the total amount due for the order. The Client shall provide the courier with the entire amount, including the Price of Goods and Delivery Price if such is due as indicated in the invoice/receipt. The payment shall be reflected in the take-over document, which shall serve as a notice and shall certify the transfer of the Goods from the courier to the Client. By signing the take-over document, the Client empowers the courier to hand over in his name and to his account the amount due, as per the receipt, to the Supplier.
VII. DELIVERY TERMS
1. Goods shall be delivered by a courier selected by the Client among the ones available in the Online Store.
2. A Client shall receive the Goods at the address specified by them when placing the order through a courier company selected and specified by the Supplier. Goods shall be delivered only to correct postal addresses. The Supplier shall not be liable to the Client for non-delivery of the Goods and any resulting damages in the event that the Client has provided an invalid, non-existent or foreign address or that the courier is unable to contact the Client due to a foreign or incorrect telephone number provided. The transfer of risk to the Client takes place upon delivery, so it is important that the Client takes all measures to ensure receipt of their order at the address provided
3. Deliveries are to be made in terms according to the Supplier's existing internal delivery plan and the courier company used. The goods shall be handed over by the Supplier to the courier company within 7 (seven) working days from the date of finalization of the order (the confirmation sent under Section 2.6 of Section V of the General Terms). The term can be extended in in the circumstance that the Goods are not available, for which the Client shall be duly notified.
4. The specific delivery time depends on the conditions of the courier company.
5. The price of the Goods as quoted in the Online Store does not include postage and shipping costs. The cost of postage or shipping costs is not determined by Supplier, but by the courier company's tariff, and is provided as information to the Client when selecting the Goods for the conclusion of the purchase contract and before finalizing the order.
6. The Client undertakes to render all possible assistance to Supplier and the courier in connection with the delivery and to notify the courier of any circumstances which may impede the delivery.
7. Upon delivery, the Client signs the bill of lading provided by the courier service, thereby certifying proper performance of the order.
8.1. The Client must inspect the Goods at the time of delivery and handover by the courier/postal operator and if they do not comply notify Supplier immediately. If, in such event, the Client fails to notify Supplier, the Goods shall be deemed to have been approved as conforming to the requirements, without limiting the withdraw option under Section IX and the right for claims.
8.2. The Client‘s rights to claims as well as the statutory warranty for Goods are provided under the applicable legislation, including the Consumer Protection Act, Provision of Digital Content and Digital Services For the Sale of Goods Act, if applicable.
9. The Goods are delivered in such quality and in such packaging, as agreed upon below, and in accordance to the normal commercial conditions. Unless otherwise agreed, Supplier shall deliver the Goods to the Client in its own packing materials.
VIII. OWNERSHIP AND RISK
1. Ownership of the Goods is transferred from the Supplier at the time of their delivery to the Client, after they have executed the required payment. The transfer of the Goods is verified by the signature of the Client, placed on the take-over certificate, as provided by the courier or post service.
2. The risk of destruction/damages to the Client, as well as the risk of any expenses which may have occurred in relation to the Goods, are transferred to the Client, at the moment of delivery of the Goods to the Client by the courier. The performed delivery is certified by a dispatch note signed by the two parties, take-over certificate or another written document of equal standing. In the circumstance that the Goods are lost or damaged at the time of their Delivery, the Client may claim compensation from the courier.
3. The Client agrees that the Supplier has no obligation to ensure the Goods, including transport insurance.
IX. RIGHT TO WITHDRAW
1. The Client may at any point, without inflicting upon themselves compensation and without specifying a reason to withdraw from the contract, no later than 14 days following the date of accepting the Goods from the courier. Information regarding the exercising of this right is available at https://seewinesspirit.com/vrshchane-i-zamiana and in Appendix 2 to these General Terms.
2.The right to withdraw is valid regarding distance contracts concluded between the Supplier and the Client.
3. The right to withdraw is not applicable to contracts for the delivery of:
3.1. Goods, which are unsealed following the delivery and cannot be returned, due to hygiene and health precautions;
3.2. Goods produced and made to order of the Client and in accordance with the Client‘s individual demands;
3.2. Delivery of Goods, which due to their nature may regress in quality, or have a short expiration term.
3.3. For the delivery of alcoholic beverages, whose price is agreed upon with the conclusion of the contract, in which the delivery may be executed, not earlier than 30 days, following the conclusion, and whose actual value depends on the fluctuations of the market, which are out of the Supplier‘s control.
4.1. The Client may file their withdraw notice, directly to the Supplier, through the unified form available on the Site, and Appendix 1 to these General Terms.
4.2. For exercising the right to withdraw, the Client must fill and send via the Site, if possible or via the following mail [email protected] the unified form for withdraw from the contract, available in Appendix 1 to these General Terms or any other unquestionable notice. The Supplier shall send confirmation for the receipt of the withdraw to the provided e-mail.
5. When the Client exercises their right to withdraw from the distance sales contract, the Client must send or deliver the Goods back to Supplier or to explicitly authorized personal (including a courier) without undue delay and no later than 14 days from the date on which the Client has notified Supplier of the decision to withdraw from the contract.
6. When the Client has executed their right to withdraw the distance selling contract or contract off-the-premises, Supplier shall provide compensation for all the amounts received paid by the Client, without delay and no later than 14 days, following the date for which Supplier has been notified for the Client’s decision to withdraw and in the circumstance that they had already received back the Goods, subject to the contract.
7.1. Supplier shall refund the amounts received from the Client by using the same means of payment used by the Client in the original transaction, unless the Client has expressly agreed to use another means of payment and provided that this does not involve any cost to the Client.
7.2. In the event that the Client wishes to have the amounts due under the withdrawal from the contract, exercised within 14 days of receipt of the Goods, refunded by postal order/money order, the service fee charged by the relevant courier/postal operator shall be at the expense of the Client and shall be determined by the courier/postal operator. Supplier cannot influence, set or benefit from this fee in any way.
8. In the event that the Goods, for which the Client has cancelled the contract within 14 days of receipt of the Goods, is paid for by bank card, the refund of the amount paid shall be made only by credit transaction on the same bank card with which the payment was made.
9. In case of exercising the right of withdrawal, the costs of returning the delivered goods shall be borne by the Client. Supplier shall also have no obligation to refund the additional costs of the initial delivery of the Goods.
10. The Client is obliged to store the Goods received by the Supplier and to ensure their quality and safekeeping during the term in which they can exercise their right to withdraw from the contract.
11. The Goods in regard to which the right to withdraw is being exercised are to be sent without payment on delivery to the address of the Supplier, namely Lesichovo 4463, Pazardzhik, Seewines Distillery, Goods sent with payment due on delivery shall not be accepted by Supplier or if accepted, the shipping costs will be deducted from the amount due to the Client.
12. The Client agrees to return the Goods in their proper commercial condition. Commercial condition shall mean a condition which allows for further sale of the Goods as new. The unboxing of the Goods should not have led to sufficient damages to the commercial condition of the Goods. In the circumstance that the commercial condition is indeed damaged, Supplier retains the right to decline to accept withdraw from the contract or to apply additional expenses to the Client in regard to returning the Goods back to their commercial condition. The Client shall bear responsibility for the decreased value of the Goods, in relation to performed tests, other than the necessary to determine their nature, characteristics and proper functioning.
13. When returning the Goods, the Client agrees to return it together in full, including all the applied documents – receipt, invoice, take-over certificate.
14. When exercising the rights under the Purchase and Sale Agreement, the Client is obliged to accurately and unambiguously indicate the contract and the Goods in respect of which he exercises the rights
X. TERMINATION
1. The present General Terms and the contract between the Client and Supplier shall be terminated in any one of the following occasions:
1.1. termination, liquidation, winding up proceedings or death in either of the two parties;
1.2. by the mutual written consent of the parties;
1.3. by an objective impossibility of either of the two parties to fulfil their obligations;
1.4. seizure or foreclosure of the equipment by state authorities.
2. The Supplier reserves the right at their discretion, without prior notice or due compensation to terminate the contract unilaterally in the circumstance in which they discover that the Client is using the Site and/or the Online Store in violation of these General Terms, the laws of the Republic of Bulgaria, the European Union, the character references and the commonly accepted rules and practice for online commerce.
XI. LIABILITY
The Supplier shall not be held liable for failure to perform in the general sense, caused due to a force majeure event (random event or any other circumstance outside of the control of the Supplier, including obstructions and difficulties in the operating of suppliers, manufacturing or transport sectors, all sorts of restrictions, difficulties, regulations, and acts of state and municipal authorities, local and foreign, etc.) In the circumstance that a force majeure event should occur the Client does not have the right to cancel or decline the acceptance of a delivery performed with a delay. If due to the force majeure event any of the deliveries is delayed by more than 30 (thirty) days following the delivery term, The Supplier has the right at its own discretion, immediately after expiry of this term or later: (i) to terminate the contract or (ii) to cancel the performance of a specific delivery with a notice with immediate effect. If a force majeure event should occur, the Supplier shall notify the Client for the delay and for the expected delivery term as the Client shall not have the right to cancel or terminate the contract before the expiration of the additionally set delivery term.
The use, treatment and processing of the Goods by the Client is performed at their own risk. The Supplier shall not be held liable neither for the compliance of the delivered Goods with the aims for which the Client intends to use them, nor for damages of any kind whatsoever which may have occurred due to the processing, treatment or use of the Goods in the general sense. The Client agrees to check the compliance of the Goods with the purpose they may have in mind.
3. The Supplier shall be liable for damages caused intentionally or by gross negligence in breach of a material contractual obligation and in accordance with the mandatory provisions of applicable law.
4. The Client may not set off its claims against the Supplier's claims unless these are expressly acknowledged in writing by the Supplier.
5. The Supplier shall not be liable for the non-performance of any courier, carrier, or freight forwarder, or their subcontractors.
6. The Supplier shall be liable for delayed acceptance or unjustified refusal by the Client to accept Goods as a result of exercised rights of withdrawal or complaints.
7. In the event of delay in acceptance or unreasonable refusal of acceptance of Goods by the Client, the Supplier shall be entitled to refuse deliveries in whole or in part, in connection with the contract concerned and any other contractual relationship with the Client and/or to terminate the contract without notice. In the event of delay in acceptance and/or unreasonable refusal to accept Goods, the Client shall pay the Supplier all costs arising from the unreasonable refusal and/or delay in acceptance of the Goods, including but not limited to the costs of storage and transportation.
8. The actual characteristics of the Goods may differ from the description presented in the Online Store. The description of the Goods may have been sent to us by the manufacturer or another supplier and there may be deviations in this respect. The Supplier shall not be liable in the event that the product characteristics indicated in the Online Store for a certain Good differ from the actual Goods offered, or all or any part of them are not stated at all.
XII. ENTIRETY, AMENDMENTS AND ACCESS TO THESE GENERAL TERMS
1. These General Terms consist of all the clauses that constitute them. Failure to refer to any of these clauses shall not constitute a waiver of these General Terms. In the event that one of the clauses is deemed invalid, this shall not invalidate the remaining clauses.
2. The current General Terms can be unilaterally changed by the Supplier, for which the latter shall notify the Clients in a reasonable manner.
The Client agrees that each amendment of these General Terms shall apply to them after they have been published on the Site.
The Supplier shall publish these General Terms on the Site, along with all other additional annexes and amendments made to them.
5.The Supplier may unilaterally change the General Terms, including but not limited to changing the Goods, their specifications and characteristics, all of the Goods delivery conditions and any other information which has been published on the Site.
XIII. MISCELLANEOUS
1. The Supplier and Clients must mutually protect each other‘s respective rights and legal interest, as well as to keep their commercial trade secrets, which have come under their knowledge in the process of execution of the agreement and the present Terms.
2. Clients agree that all of the information, as required by the Consumer Protection Act, can be provided through the interface of the Online Store or the e-mail.
3. The Supplier and Clients agree to not publicly disclose written or verbal correspondence conducted between them during and after the expiration of the contract. Public disclosure shall mean the publishing of correspondence in the press or in an internet media, forums, private or public websites and others.
4. Review of complaints, objections, and client recommendations:
4.1. A Client may file complaints, objections, and recommendations to the Supplier to the following e-mail: i[email protected] or the following address: Sofia-city,106 Bulgaria blvd., entr. D,
4.2. The file must contain the person sending it, their contact information, the action/inaction by the Supplier, which it regards and what does the person want to achieve with the filing. Anonymous filings shall not be reviewed.
4.3. The Supplier shall review each file no later than one month following their receipt and shall provide a response in writing. The response shall be sent, to a physical address or via e-mail.
5. For all matters which are not regulated by the present contract, in relation to the execution and the meaning of the contract, applicable shall be the laws of the Republic of Bulgaria.
6. The present General Terms shall come into force on the __.__.2023
7. All disputes between the parties shall be resolved in a spirit of understanding and goodwill. In the event that no agreement is reached, all unresolved disputes arising out of or relating to the contract between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, shall be resolved by a court of competent jurisdiction.
8. The Client is informed of the possibility in case of a dispute to resort to a conciliation commission under the Consumer protection act, a mediation procedure, EU online dispute resolution or other alternative dispute resolution.
9. Regulatory bodies:
• Commission for personal data protection
Address: Sofia, 2 prof. Tsvetan Lazarov blvd.,
telephone.: (+3592) 940 20 46
fax: (+3592) 940 36 40
Email: [email protected], [email protected]
website: www.cpdp.bg
• Commission for protecion of the consumers
Address: postal code 1000 Sofia, 4A Slaveykov square, fl.3, 4 и 6,
tel.: +3592 / 980 25 24
fax: +3592 / 988 42 18
hotline: +359700 111 22
website: www.kzp.bg
Appendix № 1 – Standard right to withdraw exercise form
Standard right to withdraw exercise form
(fill in and send to us this form, in the event where you wish to withdraw from the contract)
– To Seewines Spirit Jsc, Sofia, Vitosha region, 106 Bulgaria blvd, entr. D
– I/We hereby notify that I/we withdraw from the contract concluded, for the purchase of goods/for the provision of the following service *
– Ordered on/Received on *
– Consumer/s* name
– Consumer/s* address
– Consumer/s* signature (in the event that this form is on paper)
– Date
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* Cross out what is not applicable.
Annex № 2 - Information regarding exercising of the right of withdraw
Standard withdraw notice
II. You may withdraw from the current contract without providing reasoning in a 14 day term.
III. The 14 day term begins following the date on which you or any third party, other than the courier or another party appointed by you, has taken over the goods.
To exercise the right to withdraw you must notify us of your name, geographical address, and phone number, fax, email address (if applicable), for the decision to withdraw from the contract with an unquestionable declaration (i.e. letter, sent by mail, fax or e-mail)
You may use the standard form attached, however this is not mandatory.
In order to be compliant with the term for withdrawal, it is sufficient to send the notice, regarding the exercising of your right, prior to the expiration of the term.
IV. Withdraw force
Should you withdraw from this contract, we shall restore all payments we have received from you, including delivery expenses (excluding additional expenses, regarding a method of delivery specified by you, other than the cheapest, standard way of delivery provided by us), without any unjustified delay, and in any case, no later than 14 days following the date on which you inform us of your decision to withdraw. We shall execute the return of payments, by using the same payment method which was used by you in the initial transaction, unless you expressly agree otherwise, in any case, this restoration will not incur any additional expenses towards you. We may delay the return of payments until we receive back the goods, or until we receive proof that you have sent us the goods, regarding which of the two events, occurs first.
We expect you to send or return the goods back to us, without any unjustified delay, and in any case, no later than 14 days, following the date on which you inform us of your decision to withdraw.
The term is considered kept, if you send us back the goods, prior to the expiration of the 14-day term.
You must take up the expenses on returning the goods to us. These expenses are not expected to exceed the price of delivery or standard courier fare.
You are responsible for any depreciation of the quality of the goods as a result of you testing them, other than the necessary for certifying their nature, characteristics and proper functioning.
