These General Terms and Conditions govern the relationship between Estira Ltd , hereinafter referred to as "Merchant", on the one hand, and the Users of the Internet sites and services located at http://estira.net, hereinafter referred to as "Consumers", from another.
Please read in full the published Terms and Conditions before using the information and commercial services offered on the Site (hereinafter referred to as Services).
Confirmation of the General Terms and Conditions is a necessary and obligatory condition for the conclusion of the contract between the User and the Merchant.
By accepting the General Terms and Conditions, the User agrees to process his personal data on the basis of a contract concluded between him and the Merchant.
For the purposes of these General Terms and Conditions, the following terms should be understood in the following sense:
Website - http://estira.net and all its subpages.
Consumer - any natural person who acquires goods or uses services that are not intended for carrying out a commercial or professional activity, and any natural person who, as a party to a contract under this Act, acts outside the scope of his commercial or professional activity.
Personal data - information about an individual that reveals his or her physical, psychological, mental, family, economic, cultural or social identity.
Commodity - Movable tangible item and or software products.
Sales contract - a contract under which the trader transfers or undertakes to transfer the ownership of the goods to the consumer and the consumer pays or undertakes to pay the price for them, including contracts having as their object goods and services.
Service - any material or intellectual activity carried out in an independent manner, is intended for another person and is not the main object of transferring possession of a property.
Service contract - a contract other than a contract of sale under which the trader provides or undertakes to provide a service to the consumer and the consumer pays or undertakes to pay the price for it.
Consumer Dispute Resolution Procedure - a procedure for out-of-court settlement of consumer disputes that meets the requirements of this law and is carried out by an alternative consumer dispute resolution body.
- On the Site the Users have the opportunity to conclude service, purchase and delivery contracts for the goods and services offered by the Merchant.
- The users use the website interface to enter into contracts with the Merchant for the goods and services offered.
2.1. The contract for the purchase or sale of a good or service is considered to have been concluded from the moment of confirmation of the order by the Merchant
2.2. In the absence of availability of a good or inability to provide a service , the Merchant reserves the right to refuse the order.
2.3. After selecting one or more goods or services offered on the Merchant's website, the User must add the goods or services offered in the list of goods or services for purchase.
2.4. It is necessary for the User to provide the details of the delivery and to choose the method and time of payment of the price, after which to confirm the order through the site interface.
2.5. When placing an order, the User receives an email confirmation that his / her order has been accepted.
- The Trader has the right to refuse to conclude a contract with an incorrect User.
3.1. The Merchant shall have the right to treat a User as incorrect in cases where:
- there is a breach by the User of the Terms and Conditions;
- the arrogant or arrogant attitude towards the Merchant's representatives has been established;
- systemic abuses have been identified by the User against the Merchant.
- The prices of the goods or services offered are those indicated on the Merchant's website at the time of placing the order, except in cases of obvious error.
4.1. Prices of goods and services include VAT, in cases where it is intended to be charged.
- The trader reserves the right to change the prices of the goods and services offered on the site at any time and without notice, and such changes will not affect the orders already made.
- The Merchant may provide discounts for the goods and services offered on the Site, in accordance with the Bulgarian legislation and rules set by the Merchant. The rules applicable to such discounts are available at the place where the discount is displayed. Discounts can be provided in various forms (eg promotions, loyalty discounts, provided individually, on a random basis or as a result of participating in a competition or client survey).
6.1. Different types of discounts cannot be combined when ordering and purchasing the same product / service.
- When the User returns a good or service with a right to a refund for whatever reason, the price subject to the refund shall be reduced by the value of the discount received on the good or service, and only the amount actually paid shall be refundable .
- The consumer may pay the price of the goods / services ordered, using one of the options listed on the website of his choice. Payment is possible on the Site by the following methods:
- Bank transfer
Make no payment until you receive confirmation email for order status - pending.
In the bank transfer form text, write the order number, received by email confirmation order, sent by as.
When you pay for a Subscription Plan and have more than one Database, write the name of the Database you are paying for.
- If the User chooses the option of delivery by courier and payment by cash payment, he must pay the price of the ordered items together with the delivery price of the courier upon receipt of the goods.
- If the User chooses a payment method involving a third party payment service provider, the User may be bound by the terms and conditions and / or fees of such third party.
- The Merchant shall not be liable if a payment method involving a third party payment service provider is unavailable or otherwise inoperative for reasons that cannot be attributed to the Merchant's fault.
Cancellation and replacement
- The User has the right to withdraw from the contract without giving a reason, without owing compensation or penalty within 14 days from the date of acceptance of the goods by the User or by a third party, and in the case of a service contract - from the conclusion of the contract. service contract.
- In order to exercise its right under this clause, the User must unambiguously inform the Merchant of his decision to withdraw from the contract, individually identifying the goods / services he wishes to return, by providing all details of the completed order and delivery, including, but not only: content and value of the order, data of the person making the order, data of the person accepting the delivery, and date of delivery.
- The trader shall publish on his website a form for exercising the right of withdrawal.
- In order to exercise the right of withdrawal , the Merchant shall provide the consumer with the option to complete and send electronically to the contact address specified by the Merchant, the standard withdrawal form or other unambiguous application. In such cases, the Merchant shall immediately send the consumer a confirmation of receipt of his / her refusal in durable medium or electronically ( email ) .
- The consumer is obliged to return the goods for his own account, together with the receipt and the invoice, if any, by handing them over to the Merchant or to the person authorized by the latter within 14 days from the date on which the User exercised his right. of cancellation of the contract.
- On return, the goods must be in their original packaging, with no trace of use or distortion of the trade.
- The merchant has the right to defer repayment of the payments until the goods are received back or until proof is provided that the goods have been sent back, whichever is the earlier.
- If the user fails to return goods and items and without notifying the Merchant delay and without providing a valid reason for the same is deemed that he has withdrawn his statement for the exercise of withdrawal.
- Where the Contractor has incurred expenses in connection with the performance of the contract and the User withdraws from the contract, the Trader shall have the right to withhold the respective amount for the expenses incurred or to demand their payment.
- The consumer shall not be entitled to withdraw from the contract if the subject of the contract are:
- for the provision of services in which the service is fully provided and its performance has begun with the express prior consent of the consumer and confirmation by the consumer that he / she knows that he / she will lose his / her right of withdrawal once the contract has been fully executed by the trader.
- The Merchant reimburses to the User the price paid by him for the returned goods.
Guarantees and claims
- The consumer is entitled to a claim for any non-conformity of the goods or services with the contract / order, when after the delivery, non-conformities with the contract of sale have been detected.
- Any non-compliance of a consumer product with the sales contract, which manifests itself within 6 months after the delivery of the product, shall be presumed to have existed on delivery, unless it is proved that the lack of conformity is due to the nature of the product or the nature of the non-compliance.
- The consumer cannot dispute the conformity of the consumer product with the contract of sale when:
- at the conclusion of the contract, he knew or could not have been unaware of the non-compliance;
- the discrepancy is due to materials provided by the user.
- The consumer is entitled to make a claim for the product or service, regardless of whether the manufacturer or the merchant has provided a commercial guarantee for the product or service.
- When the satisfaction of the claim is made by replacing the goods with another, as agreed, the Merchant shall retain to the consumer the original warranty conditions.
- Upon filing the claim, the consumer may claim for a refund, for replacement of the goods with another, corresponding to the contract, or for a deduction from the price.
- The complaint shall be submitted verbally to the Merchant's telephone number or in writing, via the specified email, by mail or to the address of the company. The merchant provides access to a claim form on his site.
- When filing a claim, the user shall indicate the subject of the claim, his preferred method of satisfying the claim, the amount of the claim claimed, and the address, telephone number and contact email.
- When filing a complaint, the consumer must also attach the documents on which the claim is based, namely:
- cash receipt or invoice;
- protocols, acts or other documents establishing the non-conformity of the good or service with the contract;
- other documents establishing the claim by reason and size.
- Claims for consumer goods may be filed within two years of delivery of the goods, but no later than two months after the finding of non-compliance with the contract. Claims of services may be filed within 14 days of finding the inconsistency of the service with the agreed.
- The time limit shall be suspended for the time necessary to reach an agreement between the seller and the consumer to resolve the dispute.
- If the Merchant has provided a commercial guarantee for the goods and the warranty period is longer than the deadlines for filing the claim under para. 1, the claim may be lodged until the expiry of the commercial guarantee.
- Filing a complaint is not a bar to a claim.
- The trader maintains a register of claims. A document is sent to the User at the email he / she has specified, stating the claim number from the register and the type of goods.
- When the Merchant satisfies the claim, he issues an act for it, which is made in two copies, and obligatory provides one copy to the User
- The merchant upon reasonable claim shall bring the goods in compliance with the contract of sale within one month from the submission of the claim by the User.
38.1. If the goods have not been repaired after the expiry of the period referred to in the previous paragraph, the User shall have the right to cancel the contract and to recover the sum paid to him or to request a reduction of the price of the consumer goods according to Art. 114 of the LPP.
38.2. Alignment of the Consumer Product with the Sales Contract is free of charge to the Consumer. It owes no expense to the shipment of consumer goods or materials and labor associated with its repair, and does not incur significant inconvenience.
- In case of non-compliance of the consumer goods with the sales contract and when the User is not satisfied with the resolution of the claim, he has the right to choose from one of the following options:
- cancellation of the contract and reimbursement of the amount paid by him
- Price Reduction.
- The consumer cannot claim a refund or a reduction in the price of the goods when the trader agrees to replace the consumer with a new one or to repair the goods within one month after the consumer claims.
- The trader is obliged to satisfy the request for termination of the contract and to recover the amount paid by the consumer when, after having satisfied three claims of the consumer by repairing the same product, within the warranty period, there is a further occurrence of non-conformity of the goods with the sales contract.
- The consumer cannot claim the termination of the contract if the non-compliance of the consumer goods with the contract is insignificant.
- Intellectual property rights over all materials and resources available on the Merchant's website (including the available databases) are subject to protection under the Copyright and Related Rights Act, which belong to the Merchant or the respective assignee. of the Merchant, and may not be used in violation of applicable law.
- In copying or reproduction of information beyond the admissible, as well as in any other infringement of the intellectual property rights of the Merchant's resources, the Merchant shall have the right to claim compensation for the direct and indirect damages suffered in full.
- Unless expressly agreed, the User may not reproduce, modify, delete, publish, distribute and otherwise disclose information resources published on the Merchant's website.
- The Merchant undertakes to take due care to enable the User to have normal access to the services provided.
- The trader reserves the right to suspend access to the services provided. The merchant has the right, but not the obligation, to delete information resources and materials published on his site at his own discretion.
Termination and termination of the contract
- The Merchant shall have the right, at its sole discretion, without giving notice to unilaterally terminate the Contract if it finds that the services provided are being used in violation of these General Terms, the legislation in the Republic of Bulgaria and the generally accepted moral norms.
- Except in the cases provided for in these General Terms and Conditions, the contract between the parties shall also be terminated upon termination of the Merchant's activity or termination of the maintenance of its Website.
- Except in the above cases, either party may terminate this contract by giving one week's notice to the other party in the event of default on the contract.
- The written form of the contract shall be considered complied with by sending an e-mail message, pressing an electronic button on a content page to be filled in or selected by the User or ticking the box (check box) on the website, etc. . similar insofar as the statement is technically recorded in such a way that it can be reproduced.
- The parties declare that if any of the clauses in these General Terms and Conditions prove invalid, this will not invalidate the whole contract or other parts of it. The invalid clause will be superseded by the statutory norms of the law or established practice.
Amendment to the General Terms
- The Merchant is obliged to notify the Consumer of any change in these General Terms and Conditions within 7 days from the occurrence of this circumstance at the email address specified by the Consumer.
- When he does not agree with the amendments to the General Terms and Conditions, the User has the right to withdraw from the contract without giving a reason and without owing compensation or penalty. In order to exercise this right, the User must notify the Trader within one month of receiving the notification under the preceding Article.
- In the event that the User does not exercise his right to withdraw from the contract in accordance with the procedure laid down in these General Terms and Conditions, the amendment shall be deemed to have been accepted by the User without objection.
- The provisions of the effective legislation of the Republic of Bulgaria shall apply to all issues not settled by these General Terms and Conditions.
The text was prepared with the assistance of: advokatami.bg.