1. Subject
Art. 1 These terms of use ("Terms") govern the relations between Bagso International EOOD, a company registered under the Commercial Code of the Republic of Bulgaria with UIC 207491479, VAT registration: No. BG207491479 and headquartered at Gabrovo, 22 Hristo Konkilev Street (hereinafter referred to as the "Supplier"), on the one hand, and any person (hereinafter referred to as the "User") who makes a purchase through the Bagso.bg website (hereinafter referred to as the "Website"), and collectively referred to as the "Parties".
Art. 2 The User declares that he has the legal capacity to enter into a contract, allowing him to place an order on this Website. The parties agree that their relationship is exclusively governed by these Terms. The Terms may change and in this regard the applicable Terms are those in force at the time of submitting the order on the Website.
Art. 3 The Supplier organizes the delivery of the goods ordered by the Consumers and guarantees the rights of the Consumers as provided for by law, within the framework of good faith, accepted practice, consumer or commercial law criteria and conditions.
Art. 4(1) In order to complete the order requested by the User, the Parties enter into a contract for the purchase and sale of the requested goods or services.
(2) The Contract shall be concluded in Bulgarian and shall be stored in the Supplier's database.
Art. 5 By virtue of the concluded contract for the purchase and sale of goods, the Supplier undertakes to organize the delivery and transfer of ownership of the goods specified by the User, and the User undertakes to pay the Supplier the previously announced remuneration for the goods and delivery in accordance with the conditions set out in the Website and these Terms.
2. Concepts used.
Website/site - a separate location on the global Internet network, accessible through its unified address (URL) via HTTP, HTTPS or other standardized protocol and containing files, programs, text, sound, picture, image or other materials and resources and concepts.
Supplier/Trader - “Bagso International” Ltd. is a legal entity that, by profession, purchases goods or other items with the aim of reselling them in original, processed or processed form, as well as selling goods of its own production.
User - a person who uses the website or concludes purchase and sale contracts with “Bagso International” EOOD by using the “Quick Order” procedure or by completing online registration on the bagso.bg platform.
Delivery time - the time for delivery of the goods to the User through a courier company. The delivery period depends on the delivery method chosen by the User.
Working days – all days of the week, excluding those established as holidays by regulatory act.
Personal data - any information relating to an identified or identifiable living natural person. Individual data which, when collected together, can lead to the identification of a specific person also constitute personal data. For example, such are: first and last name, home address, email address, identity card number, location data, Internet Protocol (IP) address.
2. Website Features
Art. 6 This Website is an e-commerce platform through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier, including:
To register and create a profile on the Website platform;
To review the goods, their characteristics, prices and delivery terms;
To conclude contracts with the Supplier for the purchase, sale and delivery of the goods offered through the Website;
To receive information about new goods, services or other promotions offered through the Website;
To be informed of their rights arising from applicable laws and to exercise these rights.
3. Registration and order details
Art.7(1) Registration (creating a profile) on the Website is absolutely voluntary and free of charge. Registration is only required when using certain functionalities of the Website.
(2) The User may browse the Website and the offered goods freely without registration. Registration is not a mandatory condition for placing an order and concluding a contract for the purchase and sale of goods on the Website.
Art. 8 To register, the User must fill out a registration form by providing their first and last name, email address and create a password.
Art. 9 (1) In order to complete the registration, the User must agree to the Privacy Policy.
(2) The user will also be given the opportunity to give their consent to receive information about discounts and promotions via e-mail - consent is not mandatory for completing the registration.
Art. 10 Before completing an order as a registered user, the User should additionally provide a telephone number and delivery address, in case he wishes the ordered goods to be delivered to an address specified by the User.
Art. 11 When providing registration and order data, the User agrees: to provide true, accurate, current and complete information about himself when filling out the registration form;
Art. 12 In the event that the User provides false, inaccurate, outdated or incomplete information, the Provider has the right to block and/or delete the User's account and deny him further access to part or all of its services.
Art. 13 The User is responsible for maintaining the confidentiality of his account. The User must immediately notify the Provider of any unauthorized use of his account or any other breach of security.
Art. 14(1) In the event that the User forgets (loses) his/her password, he/she may request the Provider to provide a new password, and the Provider will automatically send a message to the User's e-mail containing a new password for accessing the account.
(2) It is recommended that immediately after accessing the account with the automatically generated password, the User change this password to another secure password via the user panel.
Art. 15 The Supplier is not liable for any damages and losses arising from failure to comply with the provisions of this clause.
4. Ordering goods
Art. 16(1) The execution of the order (the conclusion of a purchase and sale contract) shall be carried out through the following steps:
The user fills his basket with the goods he has selected;
The user enters delivery data;
The user chooses the delivery method;
The user chooses the payment method;
The user enters invoice data (optional);
The user agrees to these General Terms of Use and the Privacy Policy.
The user sends their order by clicking the "Complete order" button;
(2) The user has the right to choose one of the following payment methods:
Cash on delivery (COD);
Card payment (virtual POS);
(3) The prices displayed on the Website are indicated in Bulgarian leva and include VAT, and are applicable for delivery on the territory of Bulgaria.
(4)After completing the order, the User will receive an email from the Supplier confirming the order and containing order details.
(5) The email confirming the orders placed has the meaning of acceptance by the Supplier of the submitted order and thus forms a purchase and sale contract between the Parties.
Art. 17 As soon as the order is ready for shipment, the Supplier will send an email confirming the shipment of the order to the User.
5. Rights and obligations of the parties.
Art. 18 Under the distance selling contract, the Supplier has the following rights:
To store information materials and resources about the user behavior and order history of each User on its own server. An exception to the above is available in cases where this is necessary to preserve the rights, legitimate interests and security of the Provider or third parties, as well as in cases where the same are requested by the relevant state authorities in due course.
To send commercial communications to Users in order to offer information and advertisements regarding goods, conduct surveys, etc. By accepting these General Terms and Conditions, Users agree to receive commercial communications from the company.
At its discretion and without warning, to temporarily or permanently suspend and restrict a User's access to the website. This right also applies in the presence of information received from third parties, when the User uses the website in violation of Bulgarian legislation, these General Terms and Conditions, good morals or other applicable norms.
To receive the price announced on the website after fulfilling the obligation to deliver the goods subject to the distance purchase contract.
Temporarily or permanently discontinue the provision of individual products or functionalities available through the e-store, without the need to notify the Users in advance.
Art. 19 According to the distance selling contract, the Supplier has the following obligations:
To store, protect and use the received information materials or personal data only for their intended purpose without transferring them to third parties, unless otherwise specified in these General Terms and Conditions.
To provide the User with the opportunity to unsubscribe from the Newsletter at any time.
To transfer possession of the goods subject to the contract, including through delivery to a settlement on the territory of the Republic of Bulgaria, at the choice of the Consumer.
In case of impossibility to fulfill the contract, to notify the User within 48 hours from the moment of sending the order of this circumstance.
If there are legal grounds for exercising the right of withdrawal by the consumer, to return the amounts received under the relevant distance sales contract.
Art. 20 According to the distance selling contract, the Consumer has the following rights:
To obtain possession of the goods requested by him through the Supplier's platform.
To withdraw from the contract within 14 days, if he/she is a consumer.
To exercise his right to claim, if there are grounds for doing so, in accordance with these General Terms and Conditions.
To file claims for compensation in the event of material or non-material damages caused as a result of non-performance of the contract.
Art. 21 According to the distance selling contract, the Consumer has the following obligations:
Not to transfer its rights to third parties without expressly notifying the Provider.
To pay the price of the goods through one of the specified payment methods, in accordance with these General Terms and Conditions.
To review the availability and quality of the ordered goods at the time of delivery and, if they do not meet the requirements, to immediately notify the Supplier.
If an order has been placed, accept the goods if they meet the characteristics specified at the time of the order.
To comply with the rules of these General Terms and Conditions.
Not to abuse his rights in order to cause material or non-material damage to the Supplier
Art. 22 For cases not regulated in this section, the rules of the Obligations and Contracts Act, the Commerce Act and the Consumer Protection Act shall apply.
6. Delivery
Art. 23(1) The consumer may choose whether the goods shall be delivered to an address specified by him or to a courier office. The products shall be delivered only to regular postal addresses on the territory of Bulgaria.
(2) The goods may also be delivered to a so-called "collective" address (an address which is, for example, in a business building, school, kindergarten, etc.). In this case, the User confirms that the delivery of the order has been made upon actual delivery to the collective address specified in his order, although the goods may be received by a third party.
(3) The transfer of risks to the User takes place upon delivery, so it is important that the User takes all measures to ensure the receipt of his order at such address.
Art. 24 The delivery time is 30 days from the conclusion of the contract, unless otherwise stated on the product page of the selected goods, at the time of the order. The user will be informed about the sending of his order automatically by e-mail or by phone.
Art. 25 If the Supplier cannot fulfill the contract due to not having the ordered goods, he is obliged to notify the Consumer thereof and refund the amounts paid by him.
Art. 26 Delivery is carried out via a courier company and the costs thereof are borne by the User, unless otherwise provided in these Terms.
Art. 27(1) A User who is absent during delivery will be contacted again according to the rules of the respective courier and, if delivery is not made within 10 working days, the product will be returned to the Supplier.
(2) The Supplier will attempt to contact the User and in the absence of a response within 7 working days, it is assumed that the User refuses the order.
7. Right to return goods
Art. 28 (1) The consumer has the right to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by the Supplier, without owing compensation or penalty and without giving a reason, unless otherwise expressly stated on the product page of the selected goods at the time of the order.
(2) The consumer is obliged to pay the costs of returning the goods.
(3) The Consumer must notify the Supplier of his/her wish to withdraw from the contract or to replace a given good clearly and unambiguously by filling in the standard form for exercising the right of withdrawal in one of the following ways:
- by mail to the address Gabrovo, 22 Hristo Konkilev Street
- via email at support@bagso.bg
Art. 29 (1) The Supplier shall reimburse all amounts, except for courier costs, received from the Consumer, without undue delay and no later than 14 days from the date on which the goods were accepted by the Supplier.
(2) The Provider shall refund the amounts received using the same payment method used by the User in the initial transaction, unless the User has expressly expressed his/her wish to use another payment method and provided that this does not involve any costs for the User.
Art. 30 Instead of a refund of the amount paid, the User has the right to request a replacement of a size or item included in his original order.
Art. 31 The costs of returning the goods are at the expense of the Consumer.
Art. 32(1) The consumer is obliged to return the goods in a commercial form that allows for their subsequent sale, unless the unpacking of the goods leads to an obvious violation of the commercial form of the goods, such as, but not limited to, a breakable box, hermetic packaging and other similar cases.
(2) In the event of a breach of the commercial form of the goods, the Supplier shall have the right, at its discretion, to refuse to accept withdrawal from the contract or to charge the Consumer for the costs of restoring the goods to commercial form. This rule shall apply where there is a diminished value of the goods caused by their testing other than what is necessary to establish their nature, characteristics and proper functioning.
(3) Upon acceptance of the goods in respect of which the right of withdrawal has been exercised under this article, the Supplier shall inspect the goods and may refuse to accept them if it establishes that the returned goods are different from those delivered to the Consumer.
8. Legal and commercial warranty
Legal guarantee
Art. 33(1) The Provider reminds the Consumer of the existence of a legal guarantee regulated in the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods (ZPCSTSUPS).
(2) The legal guarantee represents an obligation of the Supplier, within two years of the delivery of the goods, to guarantee that he has sold an item that corresponds to the one described in the sales contract. The two-year period begins to run from the day on which the Consumer received the delivery.
Art. 34 In the context of the legal guarantee, when the goods do not meet the individual requirements for conformity with the contract, the objective requirements for conformity, the Consumer has the right: - to file a complaint by requesting the seller to bring the goods into conformity;
- to receive a proportional price reduction;
to terminate the contract.
Art. 35 When making a complaint, the consumer has the right to claim the goods being brought into conformity with the contract, and may choose to do so by repairing or replacing the goods. The supplier may refuse to bring the goods into conformity if the repair or replacement is impossible for the supplier or would result in disproportionately high costs for him, taking into account all the circumstances of the case, including the value that the goods would have had if there was no lack of conformity, the significance of the lack of conformity, and the possibility of providing the consumer with another remedy without significant inconvenience to the consumer.
Art. 36 The consumer has the right to request a proportional reduction in the price or to terminate the sales contract when:
The supplier has not repaired or replaced the goods or has refused to bring the goods into conformity with the contract.
a non-conformity has occurred despite the actions taken by the Supplier to bring the goods into conformity;
the lack of conformity is so serious as to justify an immediate reduction in the price or termination of the sales contract, or
The supplier has stated or it is clear from the circumstances that he will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.
Art. 37(1) The consumer shall not have the right to terminate the contract if the lack of conformity is minor. The burden of proof as to whether the lack of conformity is minor shall be borne by the consumer.
(2) The consumer has the right to refuse payment of the remaining part of the price or part of the price until the Supplier has fulfilled its obligations to bring the goods into conformity.
(3) Where the consumer has chosen a price reduction, the price shall be reduced in proportion to the difference between the value of the goods received by the consumer and the value that the goods would have had if there had been no lack of conformity.
Article 38(1) The consumer shall exercise his right to terminate the contract by giving notice to the supplier of his decision to terminate the contract of sale. Where the lack of conformity concerns only some of the goods supplied under the contract of sale and there is a ground for termination of the contract, the consumer shall be entitled to terminate the contract of sale only in respect of those goods which are not in conformity and in respect of any other goods which he has acquired together with the goods which are not in conformity, unless it can reasonably be expected that the consumer will agree to retain only the goods which are in conformity.
(2) Where the consumer cancels the sales contract in whole or in part only in respect of some of the goods delivered under the sales contract, the consumer shall return these goods to the Supplier without undue delay and not later than 14 days from the date on which the consumer notified the Supplier of his decision to cancel the sales contract. The deadline shall be deemed to have been met if the consumer has returned or sent the goods back to the Supplier before the expiry of the 14-day period.
(3) The Supplier shall reimburse the consumer for the price paid for the goods upon receipt of the goods or upon presentation of proof by the consumer that they have been sent to the Supplier. The Supplier shall reimburse the amounts received using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly agreed to use another means of payment and provided that this does not involve any costs for the consumer.
Article 39 The legal guarantee of conformity shall apply regardless of the commercial guarantee that may be provided.
Commercial guarantee
Art. 40(1) Some goods sold through the Website may also benefit from a commercial guarantee, the duration of which is indicated on the product page of the relevant goods.
(2) If the goods are covered by a commercial guarantee, the Consumer will receive a guarantee card at the latest at the time of receipt of his order, which will indicate the content of the commercial guarantee, its implementation, duration and territorial scope, as well as the name and address of the guarantor. The guarantee conditions of the respective manufacturer or authorized service centers apply to all goods. In the service centers, only the original guarantee cards with which the goods were received are valid.
Article 41 The guarantee shall lapse in the event of:
- damage caused by improper storage or operation.
- attempted repair by the User and/or another person.
- when using poor-quality and non-original consumables.
- as a result of force majeure circumstances.
9. User Behavior
Art. 42 Users of the Website understand that the information, data, published opinions and comments, text, software, music, sound, photos or any other materials (collectively hereinafter referred to as "Content") that they make public or transmit confidentially through the use of the Website are the sole responsibility of the User who generates such Content.
Art. 44 Using the Website, the User may encounter Content that is offensive, indecent or unacceptable. Under no circumstances will the Provider be liable for any Content created by Users, including for errors and omissions therein and/or for any damages and losses of any nature arising as a result of the use of the Content displayed, published, sent or transmitted in any other way through the Website.
Art. 45 The User agrees NOT to use the Website to:
formulate, send or otherwise transmit Content that is unlawful, harmful, threatening, abusive, harassing, injurious, defamatory, vulgar, indecent, defamatory, invasive of the privacy of third parties or objectionable on racial, ethnic or other grounds;
creates advertising content for goods and services outside the Website, as well as publishes internet addresses pointing to pages and services outside the Website, except where this is explicitly stated as permitted.
impersonates a person or group of people, including, but not limited to: a representative of the Supplier, a representative of a manufacturer, etc., as well as otherwise misleads about their identity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of Content transmitted through the Website;
formulate, send, publish or otherwise transmit Content that you are not entitled to transmit by law or as a result of other contractual or confidential relationships (such as inside information, confidential information or information regarding someone's property obtained as a result of a rental relationship or which is subject to non-disclosure agreements);
formulate, send, publish or otherwise transmit Content that infringes any patent, trade mark, copyright or other proprietary right of any party;
to formulate, send, publish or otherwise transmit unauthorized advertising materials, unsolicited commercial communications (spam), "chain letters", redirected alias subdomains, "pyramid schemes" or other forms of customer solicitation;
formulate, send, publish or otherwise transmit materials containing computer viruses or other computer codes, files or programs designed to interrupt, disrupt or limit the functioning of computer software, hardware or telecommunications equipment;
disrupt the normal operation of other users of the Website;
interfere with the provision of the Website services or disrupt the operation of servers or networks connected to the services, fail to comply with the requirements, procedures, policies or regulations of the networks connected to the Website;
intentionally or unintentionally violate local, national or international laws;
to stalk or otherwise harass another User;
to unlawfully collect and use personal information about other Users.
Art. 46(1) The Provider reserves the right to restrict and/or deny access to the Website to Users who, once or systematically, violate the requirements listed above.
(2) The Provider reserves the right to edit and remove information provided by the user in violation of the requirements listed above.
10. Protection of personal data.
Art. 47(1) The Provider on the bagso.bg platform takes measures to protect the User's personal data in accordance with the Personal Data Protection Act and the applicable regulation of European Union law.
(2) For reasons of security of the Users' personal data, the Provider on the bagso.bg platform will send the data only to the e-mail address that was specified by the Users at the time of registration.
(3) The Provider on the bagso.bg platform has the right to store data in the User's terminal communication device, unless the latter explicitly expresses his/her disagreement with this.
(4) The User agrees that the Provider of the bagso.bg platform has the right to send electronic messages to the User or the User at any time, including a newsletter or offers to purchase goods, while the User is registered in the Provider's e-shop on the bagso.bg platform, in case the User has chosen this option during registration. The User's consent to receive electronic messages and newsletters may be withdrawn at any time and must be explicitly objectified in writing.
(5) By agreeing to these General Terms and Conditions, the User agrees that the Provider of the bagso.bg platform has the right to collect, store and process data about the User's behavior when using the Provider's e-shop on the bagso.bg platform.
(6) As of 28.05.2018, which is the starting date of application of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), consent to the processing of personal data is obtained from the User explicitly, in writing and for each specific case.
Art. 48(1) At any time, the Provider on the bagso.bg platform has the right to require the User to identify themselves and to verify the authenticity of each of the circumstances and personal data declared during registration.
(2) In the event that for any reason the User has forgotten or lost his/her username and password, the Provider of the bagso.bg platform has the right to apply the announced "Procedure for lost or forgotten usernames and passwords", via the "Forgotten password" button.
.11. Copyright and related restrictions.
Art. 49(1) The Provider grants the Users the right to use all services provided through the Website only for personal, non-commercial purposes, provided that the copyrights of the Provider or of third parties directly or indirectly related to the materials on the Website are not violated. The materials on the Website may not be modified in any way, nor may they be copied, publicly distributed or distributed for any public or commercial purpose. The use of the materials published on the Website on other websites is prohibited.
(2) The materials on this Website are protected by the law on Copyright and related rights and any unauthorized use may be an infringement of copyright.
(3) The Provider reserves the right to assign the rights to publish materials and any parts of the information on the Website to third parties upon additional conclusion of a contract regulating the rights and obligations in writing between the Provider and the person publishing the information.
12. Links from and to the Website
Art. 50(1) Owners of websites and pages outside the Website have the right to create links to any HTML page of the Website under the following conditions:
the link may point to the given page, but not copy its content; copying of text material from the page to which the link points is permitted, with a length of no more than 10 words;
must not open the Website page in frames and must not supplement or modify the information on the page in any way. This includes the prohibition of adding information before, after and/or around the Website page;
must not indicate explicitly or implicitly that the Website recommends it and/or its products and services;
must not provide false or misleading information about the products and/or services on the Website.
By creating a link to the Website, the website owner declares that he accepts these Terms, even if he does not use the services of the Website.
(2) Owners of websites and pages outside the Website are not allowed to create links to images, multimedia samples, etc. content, but only to the HTML pages providing this content.
Art. 51(1) The links provided on the Website to other websites owned by third parties are published solely for the convenience of users. When using such a link, users do not use a service provided by the Website and after using the link, these Terms lose force.
(2) The Provider does not control these linked websites and assumes no responsibility for any of them and/or their content. Thus
(3) The Provider in no way imposes or recommends these websites, nor the information published therein. The visit and all risks associated with it, to such a website is the sole responsibility of the User.
13. Responsibility.
Art. 52 The User undertakes to indemnify and hold harmless the Provider from legal claims and other claims of third parties (regardless of whether they are justified or not), for all damages and expenses (including attorneys' fees and legal costs) arising from or in connection with the failure to fulfill any of the obligations under this contract, as well as in the event of violation of copyright, production, broadcasting rights or other intellectual or industrial property rights.
Article 53 The Supplier shall be responsible for:
Failure to deliver and organize the delivery and handover of the goods to the User by a relevant courier within the specified period specified in the contract.
Third party rights over the goods offered in the online store.
Inaccurate performance of the contract in quantitative or qualitative terms.
Art. 54 The Provider is not liable in the event of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.
14. Information about supervisory authorities
Consumer Protection Commission
Adpec: Mr. Cofia, "Clavejkov" square №4A, floors 3, 4 and 6,
Phone: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg
Commission for the Protection of Competition
Adpec: Mr. Cofia, former "Bitosha" №18
Phone: 02 / 935 61 13
Fax: 02 / 980 73 15
Hotline: 0700 111 22
Website: www.cpc.bg
15. Applicable law and disputes
Art. 54(1) These Terms of Sale are subject to Bulgarian law.
(2) All disputes between the parties shall be resolved in a spirit of understanding and good will. In the event that no agreement is reached, all unresolved disputes arising from or relating to the contract between the parties, including disputes arising from or relating to its interpretation, invalidity, performance or termination, shall be resolved by the court with competent jurisdiction, determined in accordance with the provisions of the Civil Procedure Code.
(3) The user is informed of the possibility of resorting in the event of a dispute to a conciliation commission under the ZPA (ZPCSCUPS), a mediation procedure, the EU online dispute resolution or another alternative method of dispute resolution.
16. Others
Art. 55 The Provider does not guarantee the accuracy, completeness, truthfulness or nature of the content sent and distributed through the Website. The Provider also does not guarantee that the materials or services on this Website are appropriate or available outside Bulgaria and accordingly access to them from territories where their content is illegal is not permitted.
Art. 56 The Supplier has the right to change the technology and design of the goods provided without prior notice.
Art. 57 Given the international nature of the Internet and that the Website is connected to this network, the Provider cannot guarantee that the flow of information from and to the Website will not be monitored and recorded by third parties.
Art. 58 Use of the Website by persons under 18 years of age is prohibited.
17. Amendment and integrity of the Terms
Art. 60(1) These general terms and conditions may be amended by the Provider, of which the latter will notify all registered Users in an appropriate manner.
(2) The Parties agree that any additions and amendments to these general terms and conditions will be effective against the User in one of the following cases:
1. after explicit notification by the Provider and if the User does not declare within the 14-day period provided 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, or
3. with its explicit acceptance by the User through his profile on the Provider's website.
Art. 61 When using the services of the Website, the User undertakes to comply with these Terms, as well as all other conditions set by the legislation of the Republic of Bulgaria and international law, even if they are not mentioned in these Terms.
18. Data for correspondence with the Supplier
Bagso International Ltd.
Address: Gabrovo, 22 Hristo Konkilev Street
Email: support@bagso.bg
Phone: +359 52 870 022