ОБЩИ УСЛОВИЯ
GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE www.tonylans.com
I. SUBJECT
Art. 1. These general conditions are intended to regulate the relations between Lans Ltd, VAT BG831829551, with headquarters and management address: Sofia, Bulgaria, 5 Fridtjof Nansen Street, hereinafter referred to as SUPPLIER, and the customers, referred to as hereinafter USERS, of the e-commerce platform tonylans-bg.com, hereinafter referred to as "TONYLANS.COM".
II. PROVIDER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: Lans Ltd
2. Headquarters and management address: Sofia, Bulgaria, 5 Fridtjof Nansen St
3. Address for exercising the activity and address for submitting complaints by users: Sofia, Bulgaria, 5 Fridtjof Nansen St.
4. Correspondence information: Sofia, Bulgaria, 5 Fridtjof Nansen St., tonylans@yahoo.com, phone +359 88 866 48 91
5. Entry in public registers: 831829551.
6. Supervisors:
(1) Commission for the Protection of Personal Data
Address: Sofia, "Prof. Tsvetan Lazarov" No. 2,
phone: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Consumer Protection Commission
Address: 1000 Sofia, "Slaveikov" square #4A, floors 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
7. Registration under the Value Added Tax Act BG831829551
III. FEATURES OF THE PLATFORM
Art. 3. TONYLANS.COM is an e-commerce platform, accessible at the Internet address http://www.tonylans.com, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier on the platform, including the following :
1. To register and create a profile for viewing the Provider's electronic store and using the additional services for providing information;
2. To review the goods, their characteristics, prices and terms of delivery;
3. To enter into contracts with the Supplier for the purchase and sale and delivery of the goods offered on the TONYLANS.COM platform;
4. To make any payments in connection with the concluded contracts through the TONYLANS.COM electronic means of payment platform.
5. To receive information about new goods offered by the Provider on the TONYLANS.COM platform;
6. To make electronic statements in connection with the conclusion or execution of contracts with the Supplier on the TONYLANS.COM platform through the interface of the TONYLANS.COM page available on the Internet;
7. To be notified of the rights arising from the law, primarily through the interface of the TONYLANS-BG.COM platform on the Internet;
8. To exercise their right to opt out, where applicable, under the Consumer Protection Act.
Art. 4. The supplier on the TONYLANS.COM platform organizes the delivery of the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
Art. 5. (1) Users conclude a contract for the purchase and sale of the goods with the Supplier on the TONYLANS.COM platform, at the address http://www.tonylans.com. The contract is concluded in Bulgarian and is stored in the database of the Supplier in the platform.
(2) Pursuant to the contract concluded with the Users for the purchase and sale of goods, the Supplier on the TONYLANS.COM platform undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the interface on the platform. Users have the right to correct errors when entering information no later than submitting the statement to conclude the contract with the Provider on the TONYLANS.COM platform.
(3) Users pay the Provider of the TONYLANS.COM platform remuneration for the delivered goods according to the conditions set out in the TONYLANS.COM platform and these general terms and conditions. The remuneration is equal to the price announced on the TONYLANS.COM platform.
Art. 6. (1) The User and the Provider on the TONYLANS.COM platform agree that all statements between them in connection with the conclusion and execution of the sales contract can be made electronically and through electronic statements within the meaning of the Electronic Document Act and the electronic signature and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site were made by the persons indicated in the data provided by the User during registration, if the User has entered the corresponding name and password for access.
REGISTRATION TO USE TONYLANS.COM
Art. 7. (1) In order to use TONYLANS.COM to conclude contracts for the purchase and sale of goods, the User should enter a name and password of his choice for remote access or identify himself through his Facebook or Google account, which deemed to have accepted these general terms and conditions.
(2) The name and password for remote access are determined by the User, by performing an online registration on the Provider's website on the TONYLANS.COM platform, in accordance with the procedure specified therein. Users have the opportunity to place orders for the delivery of goods and a profile from the social networks Facebook and Google.
(3) By filling in his data in the user basket and pressing the "Order" button, the User declares that he is familiar with these general conditions, agrees with their content and undertakes to abide by them unconditionally.
(4) The Supplier confirms the order made by the User by e-mail. An account of the User is created and contractual relations arise between him and the Provider.
(5) When registering or placing an order, the User undertakes to provide correct and up-to-date data. The user undertakes to promptly update the data specified in his registration or order in the event of a change.
TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE-SALE AGREEMENT
Art. 8. (1) Users primarily use the interface of the Supplier's page on the TONYLANS.COM platform to enter into contracts for the purchase and sale of the goods offered by the suppliers on the TONYLANS.COM platform.
(2) In cases of ordering goods without registration by the User, the latter accepts these general terms and conditions at the moment of finalizing the order.
Art. 9. Users conclude the contract for the purchase and sale of the goods on the TONYLANS.COM platform according to the following procedure:
(1) Login to the system for placing orders on the TONYLANS.COM platform
(2) Selecting one or more of the goods offered by the Supplier on the TONYLANS.COM platform and adding them to a list of goods for purchase.
(3) Provision of the necessary data for the identification of the User as a party to the contract.
(4) Provision of delivery data;
(5) Choice of method and moment of payment of the price.
(6) Order Confirmation;
CONTENTS OF THE AGREEMENT
Art. 10. (1) The Supplier and the Users conclude separate contracts for the purchase and sale of the goods requested by the Users, regardless of the fact that they are selected with one electronic statement and from one list of goods for purchase.
(2) The supplier may organize together and simultaneously the delivery of the goods ordered with the separate sales contracts.
(3) The rights of the Users in relation to the delivered goods are exercised separately for each purchase and sale contract. The exercise of rights in relation to a delivered good does not affect and has no effect in relation to the contracts for the purchase and sale of the other goods. In the event that the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract for the purchase and sale of certain goods does not affect the contracts for the purchase and sale of the other goods delivered to the user.
Art. 11. When exercising the rights under the sales contract, the User is obliged to specify precisely and unequivocally the contract and the goods in relation to which he exercises the rights.
Art. 12. The user can pay the price for the individual sales contracts at once upon their delivery.
VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE QUALITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT
Art. 13. The rules of this section VII of these general terms and conditions apply only to Users who, according to the data specified for the conclusion of the purchase and sale contract or during the registration at TONYLANS-BG.COM, it can be concluded that they are Users within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of October 25, 2011.
Art. 14. (1) The main characteristics of the goods offered by the Supplier on the TONYLANS.COM platform are defined in the profile of each good on the TONYLANS.COM platform.
(2) The price of the goods including all taxes and fees is determined by the Supplier on the TONYLANS.COM platform in the profile of each product on the TONYLANS.COM platform.
(3) The value of the postal or transport costs, not included in the price of the goods, is determined by the Supplier on the TONYLANS.COM platform and is provided as information to the Users when selecting the goods for concluding the purchase and sale contract;
(4) The methods of payment, delivery and performance of the contract are defined in the present general conditions and the information provided to the User through the mechanisms on the TONYLANS.COM platform.
(5) The information provided to the Users under this article is current at the time of its visualization on the TONYLANS.COM platform before the conclusion of the sales contract.
(6) Users agree that all information required by the Consumer Protection Act can be provided through the TONYLANS.COM platform interface or e-mail.
Art. 15. (1) The User agrees that the suppliers on the TONYLANS.COM platform have the right to accept advance payment for the contracts concluded with the User for the purchase and sale of goods and their delivery.
(2) The User chooses independently whether to pay the Supplier on the TONYLANS.COM platform the price for the delivery of the goods before or at the time of their delivery.
or
(2) The User pays the Supplier on the TONYLANS.COM platform the price for the delivery of the goods at the time of their delivery.
(3) In the event that the value of the User's order is equal to or exceeds BGN 15,000, payment shall be made only by transfer or payment to the Supplier's payment account.
Art. 16. (1) The User has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by the Supplier through the single form for withdrawal from the contract, available on the Provider's website on the TONYLANS.COM platform at https://tonylans.com/page/terms-and-conditions and in Appendix No. 1 to these general conditions. Information on exercising the right of withdrawal is available at https://tonylans.com/page/terms-and-conditions and in Appendix No. 2 to these general terms and conditions.
(2) The right of refusal under para. 1 does not apply in the following cases:
for the delivery of goods made to the order of the user or according to his individual requirements;
for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
for the delivery of sealed goods which have been unsealed after their delivery and cannot be returned for hygiene or health protection reasons;
for the delivery of goods which, after being delivered and due to their nature, have been mixed with other goods from which they cannot be separated;
(3) When the provider on the TONYLANS.COM platform has not fulfilled its obligations to provide information, defined in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of up to one year and 14 days, starting from the date of receiving the goods. When the information is provided to the user within the opt-out period, the same begins to run from the date of its provision. The user has the right to make the opt-out statement under this article directly to the Provider through the single contract opt-out form available on the Provider's website on the TONYLANS.COM platform at Annex No. 1 to these general terms and conditions.
(4) When the User has exercised his right to withdraw from the contract at a distance or from the contract outside the commercial premises, the Supplier shall refund all sums received from the user, without undue delay and no later than 14 days, counting from the date on which has been notified of the consumer's decision to withdraw from the contract and in the event that he has already received back the goods subject to the contract. The provider refunds the amounts received using the same means of payment used by the user in the original transaction.
(5) When exercising the right of refusal, the costs of returning the delivered goods shall be borne by the consumer on the basis of Art. 55, para. 2 of the PPE. The Supplier has no obligation to reimburse the additional costs of delivery of the goods when the user has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.
(6) The User undertakes to store the goods received from the Supplier in the platform and to ensure the preservation of their quality and safety during the period under para. 1.
(7) The User may exercise his right to withdraw from the contract with the Supplier by making a written statement to the Supplier through the standard contract withdrawal form available at https://tonylans.com/page/terms-and-conditions on the TONYLANS platform .COM and in Appendix No. 1 to these general terms and conditions.
(8) When the supplier on the TONYLANS.COM platform has not offered to collect the goods himself, he may withhold payment of the sums to the User until he receives the goods or until the user provides proof that he has sent the goods back, depending on which of the two happened earlier.
(10) Regardless of the above hypotheses, the User undertakes to return the goods in a commercial form that allows their subsequent sale as new. The unpacking of the goods should not have led to an obvious violation of the commercial appearance of the goods. In the case of a damaged commercial appearance of the goods, the Supplier has the right at its discretion to refuse to accept a withdrawal from the contract or to charge the User the costs of restoring the goods in a commercial appearance.
(11) In the case of exercising the right of withdrawal under this article, it is considered that the User has also exercised the right of withdrawal in relation to the bonus content belonging to the goods.
Art. 17. (1) The term of delivery of the goods is determined for each good separately when concluding the contract with the user through the Supplier's website on the TONYLANS.COM platform. The days required for delivery indicated on the TONYLANS.COM platform are indicative and the Supplier does not guarantee them, but guarantees that it will do its best to deliver the goods within the indicated days.
(2) In the event that the User and the Supplier in the TONYLANS.COM platform have not determined a delivery time, the delivery time for the goods is 30 calendar days, starting from the date following the sending of the user's order to the Supplier through the Supplier's site in the TONYLANS platform .COM
(3) If the Supplier on the TONYLANS.COM platform cannot fulfill the contract due to the fact that he does not have the ordered goods, he is obliged to notify the User and refund the amounts paid by him.
(4) The supplier may refuse to process the order when there are reasonable doubts that the order is inauthentic, including that it does not come from the User described in the same or when the product requested with the order is temporarily unavailable due to depletion of quantities or other technical reasons, in which case the Provider notifies the User by email or phone and refunds the amounts paid by him. The supplier can also refuse to process an order when the number or volume of the ordered items exceeds their usual consumption by a customer-consumer in the sense of the PPE and there is reason to believe that the order is made for the purpose of resale and does not fall within the scope of a consumer purchase. sale.
(5) In case of inaccurate data provided by the User, regarding delivery address and telephone number or absence of the User at the address, as well as in case of impossibility to deliver the goods due to reasons beyond the Supplier's control, the goods are returned and remain in the Supplier's warehouses. In this case, the goods are not kept for the User, unless paid for in advance. In the case of pre-paid goods, the same is kept within a period of 15 days from its return, and after the expiration of this period and if the User does not request it from the Supplier, the Supplier will return the payment received, with the exception of the amount spent on delivery and storage. In case of inaccurate or wrong data provided by the User for the delivery address, in which case the goods are sent to the wrong address, the costs of the courier service for rerouting the shipment are at the expense of the User.
(6) In the event that the goods are not delivered to the User within the specified delivery period, no compensation is due to the User. Reasons that would delay delivery beyond the days indicated on the TONYLANS.COM platform are: load and number of orders for the period above average and above usual for the Supplier; fault of the courier company such as untimely organization of the courier, excessive workload of the courier, unforeseeable technical and informational problems with the courier or weather conditions impeding the courier; unforeseeable technical problems in the Provider's systems; faults in the suppliers of the Supplier, from which the latter supplies the product; bad weather conditions etc. force majeure circumstances that would prevent the normal organizational activity of the Supplier.
(7) In all cases, the Supplier guarantees and undertakes to deliver the goods to the User no more than 15 working days later than the approximate delivery days indicated on the TONYLANS.COM platform
Art. 18. The supplier on the TONYLANS.COM platform undertakes to comply with all requirements established in Bulgarian legislation regarding the labeling, advertising and sale of nutritional supplements.
VIII. PERFORMANCE OF AGREEMENT
Art. 19. The Supplier informs the User of the transport and courier costs immediately before completing the order, and the cost of delivery may vary according to the product, method and delivery address chosen by the User. In case of additional forwarding of an already requested order by the User or in case of a need to visit the requested address again, the User shall pay the price of the delivery in amounts determined according to the tariff of the respective courier.
Art. 20. (1) The User must inspect the goods at the time of delivery and handover and, if they do not meet the requirements, notify the Supplier immediately on the TONYLANS.COM platform
(2) If the User does not notify the Provider on the TONYLANS.COM platform, according to para. 1 the goods are considered to be approved as conforming to the requirements except for hidden defects.
Art. 21. The supplier on the TONYLANS.COM platform does not undertake to provide the necessary service for the goods.
Art. 22. For the cases not regulated in this section, the commercial sale rules defined in the Commercial Law and the Consumer Protection Law apply.
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PROTECTION OF PERSONAL DATA
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Art. 23. (1) The provider of the TONYLANS.COM platform takes measures to protect the User's personal data in accordance with the Personal Data Protection Act.
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(2) For reasons of security of the Users' personal data, the Provider in the TONYLANS.COM platform will send the data only to the e-mail address that was specified by the Users at the time of registration.
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(3) The provider in the TONYLANS.COM platform has the right to store data in the end communication device of the User, unless the latter expressly expresses his disagreement to this.
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(4) The User or the User agrees that the Provider of the TONYLANS.COM platform has the right to send electronic messages to the User or the User at any time, including a newsletter or offers for the purchase of goods, while the User's or User's registration in the electronic the Supplier's store on the TONYLANS.COM platform.
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(5) The User or User agrees that the Provider of the TONYLANS.COM platform has the right to collect, store and process data on the behavior of the User or User when using the Provider's electronic store on the TONYLANS.COM platform.
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Art. 24. (1) At any moment, the Provider on the TONYLANS.COM platform has the right to require the User to identify himself and certify the authenticity of each of the circumstances and personal data announced during registration.
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(2) In the event that for any reason the User has forgotten or lost their username and password, the Provider of the TONYLANS.COM platform has the right to apply the announced "Procedure for lost or forgotten usernames and passwords", available at: https:// tonylans.com/auth/forgotten
(3) In case of deficiencies regarding the protection and processing of the User's personal data, a detailed description is available in the Privacy Policy of the TONYLANS.COM website, located at https://tonylans.com/page/privacy- policy
TERMINATION
Art. 27. These general terms and conditions and the User's contract with the Provider on the TONYLANS.COM platform are terminated in the following cases:
upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
by mutual agreement of the parties in writing;
in case of objective inability of one of the parties to the contract to fulfill its obligations;
when the equipment is seized or sealed by state authorities;
in case of deletion of the User's registration on the TONYLANS.COM platform. In this case, the concluded but unexecuted purchase and sale contracts remain valid and enforceable;
Art. 28. The Provider has the right at its discretion, without giving notice and without paying compensation, to unilaterally terminate the contract, in case it finds that the User uses the TONYLANS.COM platform in violation of these general conditions, the legislation of the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practice in electronic commerce.
XII. RESPONSIBILITY
Art. 29. The User undertakes to indemnify and hold harmless the providers on the TONYLANS.COM platform and the Provider from legal claims and other claims of third parties (whether justified or not), for all damages and costs (including attorney's fees and legal costs) arising out of or in connection with (1) failure to perform any of the obligations under this Agreement, (2) infringement of copyright, production, broadcasting or other intellectual or industrial property rights, (3) wrongful transfer of other persons of the rights granted to the User, for the term and under the terms of the contract and (4) falsely declaring the presence or absence of the quality of user within the meaning of the Consumer Protection Act.
Art. 30. The provider is not responsible in case of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.
Art. 31. (1) The Provider is not responsible for damages caused by the User to third parties.
(2) The Provider is not responsible for property or non-property damages, expressed in lost benefits or suffered damages, caused to the User in the process of using or not using TONYLANS.COM and concluding sales contracts with the Provider.
(3) The provider is not responsible for the time during which the platform was not available due to force majeure.
(4) The provider is not responsible for damages from comments, opinions and publications under the products, news and articles on the TONYLANS.COM platform.
Art. 32. (1) The supplier is not responsible in case of overcoming the security measures of the technical equipment and this results in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
(2) The Supplier shall not be liable in the event of the conclusion of a sales contract, provision of access to information, loss or change of data occurring as a result of false identification of a third party posing as the User, if the circumstances can believes that this person is the User.
XIII. OTHER TERMS
Art. 33. (1) The User and the Provider on the TONYLANS.COM platform undertake to protect each other's rights and legal interests, as well as to protect their trade secrets, which became their possession in the process of executing the contract and these general terms and conditions.
(2) The User and the Supplier undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence between them. The publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc. can be considered public domain.
Art. 34. In the event of a conflict between these general terms and conditions and provisions in a special contract between the Provider on the TONYLANS.COM platform and the User, the clauses of the special contract shall prevail.
Art. 35. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.
Art. 36. The laws of the Republic of Bulgaria shall apply to matters not settled in this contract, related to the implementation and interpretation of this contract.
Art. 37. These general terms and conditions enter into force for all Users on 01.01.2016.
Appendix No. 1 - Standard form for exercising the right to withdraw from the contract
Standard form for exercising the right to withdraw from the contract:
(complete and send this form only if you wish to withdraw from the contract)
- To Lans Ltd, VAT BG831829551 with registered office and management address: Sofia, Bulgaria, 5 Fridtjof Nansen Street:
– I/we hereby notify* that I/we renounce* the contract concluded by me/us* for the purchase of the following goods*/for the provision of the following service*
– Ordered on*/Received on*
– Name of the user(s).
– Address of the user/s
– Signature of the user(s) (only if this form is on paper)
– Date
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* Unnecessary is crossed out.
Appendix No. 2 - Information on exercising the right to withdraw from the contract
Information on exercising the right to withdraw from the contract
Standard opt-out guidelines:
Right to withdraw from the contract remotely or off-premises.
You have the right to withdraw from this contract without giving reasons within 14 days.
The cancellation period is 14 days from the date on which you or a third party, other than the carrier and indicated by you, took possession of the goods.
To exercise your right of withdrawal, you must notify us at the contact details provided on TONYLANS.COM and of your decision to withdraw from the contract with an unequivocal statement (for example, a letter sent by post, fax or e-mail).
You may use the attached standard opt-out form, but this is not required. You may also complete and submit electronically the standard opt-out form or other unambiguous opt-out application on our TONYLANS.COM website. If you use this option, we will immediately send you in a durable medium (eg by e-mail) a message confirming receipt of the opt-out.
In order to comply with the withdrawal period, it is sufficient to send your message regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
Action of refusal.
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs associated with a delivery method chosen by you other than the cheapest standard delivery method, offered by us), without undue delay and in any case no later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We will carry out the refund under the terms of Art. 16 of these General Terms and Conditions.
We have the right to delay refunds until we receive the goods back or until you provide us with evidence that you have sent back the goods, whichever occurs first.
You must bear the direct costs of returning the goods. Costs are expected to not exceed the approximate cost of delivery or standard courier service.
You are responsible for any reduction in the value of the goods as a result of testing them other than as necessary to establish their nature, characteristics and proper functioning.
See WWW.TONYLANS.COM for additional user information