General Terms for use of the website
1. General provisions
1.1 Words and phrases used throughout these General Terms beginning with a capital letter, including where they are used with the definite article/or used in the plural, will have the meanings specified in Section III below.
1.2 These General Terms regulate simultaneously:
(a) the rules for use of the Website;
(b) the conclusion, content and execution of distance selling contracts via the E-store.
1.3 The General Terms shall apply automatically to all distance sales contracts concluded through the E-store unless there is another contract in effect between the Seller and the Buyer that excludes or limits their application. In the event of a conflict between the General Terms and the terms of a separate contract concluded between the parties, the special terms of the contract shall prevail.
1.4 The Buyer and the Seller may agree that the General Terms or individual clauses thereof will apply to sales contracts that have not been concluded through the E-store by including an explicit provision to that effect in a separate contract between the parties.
1.5 The General Terms are binding on all individuals who visit and/or use the Website, make a registration and/or buy Commodities via the E-store. By clicking on any image, link or button located on the Website, as well as by making an Order individuals using the Website agree to and fully accept and undertake to abide by the General Terms in their updated version at that time.
1.6 Office 1 has the right to unilaterally modify the General Terms, including but not limited to, change the Commodities, their parameters and characteristics, all terms of delivery of the Commodities and any other information published on the Website. The General Terms may be updated and changed at any time without the need to specifically notify the Buyer. Office 1 shall inform the Buyer of any changes by publishing the relevant information on the Website. Office 1 shall not be liable if the Buyer is not aware of subsequent updates to the General Terms published on the Website which, unless otherwise stated, shall take effect on the day they are published on the Website.
1.7 Office 1 shall guarantee the publicity, accessibility and relevance of the General Terms published on its website at http://www.office1.com as well as provide Buyers, upon request, with copies of the General Terms in paper form at each of its commercial centres, as well as at the commercial centres of its partners.
2. Office 1 information and contact data:
Trade name (registered name): Panda Cooperative
VAT No. BG000885099
Headquarters and management address: Sofia 1784, res. area "Mladost", 139 Tsarigradsko Shosse Blvd.
Telephone for contacts: 0700 10 700
Email: [email protected]
Panda Cooperative (hereinafter referred to as "Office 1"):
(a) holds the exclusive rights to the Office 1 trademark for all commodities and services for which it is registered on a global scale;
(b) develops the Office 1 brand through its own commercial outlets in Bulgaria and online via the E-store, operating under the same brand name and offering commodities of the same brand as well as via third party partners in the country with whom franchise agreements have been signed. Sales party at the E-store may be either Panda Cooperative or a third party - a trader which has concluded a contract with Panda Cooperative.
(c) is the owner and administrator of the Website at http://www.office1.bg;
(d) is a trader registered as a personal data controller within the meaning of Art. 3, para. 1 of the Personal Data Protection Act under ID number 208.
Except as expressly provided otherwise in the General Terms for specific instances the contact telephone and e-mail address of Office 1 that may be used by Buyers are those listed above in this Section II within working hours: from 9:00 to 18:00 hrs, Monday to friday. Telephone costs incurred by the Buyer in calling the national telephone for information and orders 0700 10 700 shall be at the Buyer’s expense at the cost of one local call for the whole country without any extra charge in accordance with the effective tariff of BTC - for BTC subscribers or at a cost determined in accordance with the Tariff of the Buyer's mobile operator.
"E-store" shall mean an electronic platform operating on the Website used by the Seller to offer Commodities for sale, by the Buyer - to make Orders and pay for Commodities as well as for conclusion of distance contracts for sale of Commodities subject to the General Terms;
"LCP" shall mean the Law on Consumer Protection, promulgated in the State Gazette, issue no. 99 of 9 December 2005, in force as of 10.06.2006 with all subsequent amendments and supplements at that time;
"Buyer" shall mean any natural or legal person or other entity that uses the Website and/or the E-store in any way, including but not limited to, for viewing, making Orders, buying, paying or returning Commodities and performing any other activities related thereto;
"General Terms" shall mean these General Terms and their annexes, as well as any subsequent amendments thereto which are published on the Website;
"Office 1" shall mean the vendor Panda Cooperative, registered in the Commercial Register with the Registry Agency under UIC 000885099. Detailed information about Panda Cooperative and its contact details is available in Section II of the General Terms;
"Order" shall mean an Order placed by the Buyer for the purchase of specified Commodities together with the selected method of payment, delivery and receipt of the Commodities;
"Seller" shall mean Office 1 or any third party - a vendor which sells Commodities via the E-store and has a signed a corresponding agreement with Office 1;
"Buyer Profile" shall mean a section of the Website including an email address and a password which allows the Buyer to place an Order and which contains information about the Buyer provided by the latter upon his/her registration on the Website as well as a history of some of the Buyer’s actions in the E-store (Orders, invoices, etc.);
"Website" shall mean the domain (Internet address) http://www.office1.bg and its subdomains;
"Commodity/ies" shall mean the commodities offered for sale by the Seller through the E-Store;
"Delivery Charge" shall mean the cost of transporting and delivering the Commodities to the Buyer, in BGN, inclusive of value added tax;
"Commodity Price" shall mean the price per unit or for a specified quantity of Commodities in BGN, including VAT and any additional taxes and fees. The Commodity Price does not include the Delivery Charge.
4. Registering a Buyer Profile
4.1 The Website and E-store may be freely viewed by any person without the need for registration.
4.2 An Order for Commodities can be made and a sales contract (s) can be concluded between the Seller and the Buyer through the E-store only after mandatory registration of the Buyer Profile.
4.3 Registration of the Buyer Profile is deemed to have been made if the following conditions are met:
a) the Buyer has completed electronically an application for registration using a form provided by Office 1 available on the Website. Required fields are marked with an asterisk. When registering on the Website the Buyer provides an email address and a password for access to the Buyer Profile;
(b) ticking the box "I agree with the General Terms" whereby the Buyer makes a statement electronically within the meaning of the Electronic Document and Electronic Signature Act, affirming that he/she is familiar with the General Terms and accepts them in full. As Office 1 records the statement under the previous clause the electronic statement shall acquire the status of an electronic document within the meaning of the Electronic Document and Electronic Signature Act;
(c) the Buyer subsequently presses the button to confirm the registration;
(d) Office 1 confirms Buyer’s registration on the Website by notifying the Buyer via e-mail to the e-mail address indicated by the Buyer.
4.4 The Buyer accepts and declares that he/she will provide correct and complete information in completing the application for registration on the Website. In the event of a change in the circumstances declared upon the initial registration, the Buyer undertakes to update the relevant data in the Buyer Profile within 3 (three) days of the change.
4.5 If the Buyer provides false or incomplete information, Office 1 has the right to delete the information and refuse the Buyer access to the E-store or entirely delete the registration and unilaterally terminate this agreement without prior notice. The Seller is not liable for an incorrectly and/or improperly executed Order as a result of information supplied by the Buyer. The Seller is not liable for undelivered Orders or other defaults due to outdated data, in which case the cost of return to the Seller or re-dispatch of the Commodities to the Buyer shall be borne by the Buyer.
4.6 After completing the registration of the Buyer Profile, the Buyer may use the following electronic identification tool to place Orders for Commodities via the E-Store: a username and password determined by the Buyer upon completion of the application for registration on the Website.
4.7 The Buyer shall be solely responsible for the confidential treatment of his/her email address and password which identify him/her for use of the Website and the E-Store as well as for use of third parties of the same. In the event of suspicion of unlawful or unauthorized access, stolen or lost email and/or password, the Buyer shall immediately notify Office 1 in order to stop access to the Buyer's personal information and avoid unauthorized use of the Buyer Profile. The Buyer is solely responsible for any damages incurred to the Buyer or the Seller as a result of unauthorized use of the Buyer's username and password for access the E-store by a third party.
5. Commodities and Orders. Conclusion of a distance contract
5.1. The Buyer is entitled to order any of the Commodities offered for sale in the E-store at a given time. When making an Order the Buyer can choose the type and quantity of Commodities, the manner and time frames of delivery based on the options offered on the Website. The Commodities available on the Website may not be available at all of the Seller's commercial outlets.
5.2 Each Commodity offered for sale through the E-store shall be accompanied by information on the Commodity Price, the main characteristics of the Commodity and additional information to help the Buyer make an informed choice by the Buyer upon purchase. Seller is not responsible for any inaccuracies in the description of the Commodities that do not relate to the essential characteristics of the Commodities and does not claim to completeness of the information provided.
5.3 Office 1 is entitled at any time and without prior notice to make changes to the listed Commodities, Prices and other characteristics of the Commodities. Buyers are deemed to have been informed of these changes from the date of their publication on the Website. Information about part of the listed Commodities may not be updated, but in any case Buyers shall be notified, in the event of placing an Order, prior to delivery, of any information concerning the ordered Commodities which has not been updated on the Website. Part of the information published on the Website may refer to Commodities that are not offered and are not available at the moment, of which the Seller is not liable.
5.4 The Buyer shall indicate his/her wish to order and purchase Commodities via the E-store by placing an Order with Office 1 electronically (via the electronic Order form on the Website or via email) or via the telephone or e-mail of Office 1 referred to in Section II above. Orders can be made electronically 24 hours a day, every day; by telephone from 9:00 a.m. to 6:00 p.m. on weekdays.
5.5 Buyers can place orders via the Website by adding the desired Commodities to the Buyer's virtual basket following the basic steps specified on the Website to complete and send the Order:
(a) Browse the offered Commodities;
(b) Add a Commodity/Commodities to the virtual basket. Until the Order is confirmed the Buyer can review and change the ordered Commodities, their quantity, method of payment and other characteristics related to the particular Order, as well as at any time see the Commodities he/she has picked, their price and the total order price;
(c) Sign in to an already registered Buyer Profile or create a new Buyer Profile (for Buyers who have no registered profile on the Webiste);
(d) Confirm the Order or enter a delivery address;
(e) Confirm the payment method;
(f) Complete the Order.
5.6 Upon completion of the Order and its confirmation by the Buyer, the latter undertakes to pay the Commodity Price and Delivery Charge and declares that he/she is aware of the fact that the Order implies an obligation to pay. By clicking the button "Completion of the Order" the Buyer agrees to purchase the Commodities contained in the virtual basket in accordance with the terms and conditions of the present General Terms and the Order whereas this action is legally binding on the Buyer.
5.7 After receiving the Order Office 1 shall send electronic notification to the Buyer for registration of the Order in its system which does not constitute acceptance, confirmation or commitment for its execution. The Seller has the right not to deliver part of or all of the Commodities in the Order for objective reasons, including but not limited to, insufficient stock of the Commodities in question. In any case, Office 1 shall notify the Buyer by email or by the telephone to the number indicated in the Buyer Profile. In such a case, the sole responsibility of the Seller is to return to the Buyer in full the amount paid by the Buyer for the Commodities if they have been paid in advance.
5.8 The distance sales contract between the Seller and the Buyer shall be deemed to be concluded from the moment the Buyer receives in the email specified in the Buyer Profile confirmation that the ordered Commodity is ready for delivery. Parties to the distance contract concluded via the E-store are, on the one hand, the Buyer and, on the other, the vendor offering the respective Commodities via the E-store: Office 1 or another vendor which has concluded a corresponding contract with Office 1.
5.9 The contract for sale of Commodities concluded between the Buyer and the Seller consists of these General Terms and any additional arrangements between the Seller and the Buyer.
5.10 The Seller is entitled to engage subcontractors in order to fulfil its obligations under the distance sales contract concluded via the E-store without having to notify or obtain Buyer's consent to do so.
5.11 Ownership of the Commodities shall pass from the Seller to the Buyer upon Buyer’s payment. Delivery of the Commodities shall be confirmed by the Buyer's signature on the acceptance form [transport document] presented by the courier/carrier. The risk of loss or damage to the Commodities shall pass from the Seller to the Buyer upon delivery of the Commodities to the Buyer.
5.12 In the event of systematic breach of these General Terms by a Buyer, the Seller may refuse to execute further Orders by the Buyer.
5.13 Office 1 shall not be liable for any failure to perform its obligations under contracts governed by the General Terms and shall not owe any compensation to the Buyer for damages suffered or lost profits as a result of circumstances which the Seller has not foreseen and was not obliged to foresee, including, but not limited to, in cases of force majeure, incidental events, problems in the global Internet network and in the provision of services beyond the Seller's control.
6. Withdrawal from a distance sales contract and purchase of Commodities
6.1 This Section VI applies only to Buyers - natural persons who have the status of consumers within the meaning of the Law on Consumer Protection ("LCP").
6.2 A Buyer who is a consumer within the meaning of the LCP has the right to withdraw from the distance sales contract and demand return of the Commodities ordered and purchased by him/her within 14 (fourteen) days as of:
(a) the date of receipt of the Commodities by the Buyer or a third party other than the courier/carrier and indicated by the Buyer - where the ordered Commodities are delivered in a single delivery; or
b) the day on which the Buyer or a third party other than the courier/ carrier and indicated by the Buyer receives the last Commodity, if the Buyer has ordered multiple Commodities in one Order which are delivered separately.
6.3 The Buyer has no right of withdrawal in relation to Commodities and circumstances falling within the scope of Art. 57 of the LCP.
6.4 The conditions for return of Commodities ordered and purchased by the Buyer are as follows:
a) The Buyer shall notify Office 1 in advance by sending unconditional confirmation to its email address or the address indicated in Section II above that he/she is withdrawing from the distance sales contract on the basis of Art. 50 of the LCP in which he/she shall also specify a bank account number for the return of part of the Commodity Price already paid by the Buyer; and
(b) The Commodities must meet the following requirements: the original packaging of the Commodities by the manufacturer should not be opened and should be intact as well as the protective stickers and other markings placed by the Seller; there should be no mechanical damage; the Commodity should be accompanied by the warranty card, supporting documents and the accessories with which it was delivered.
6.5 In order to exercise the right to withdraw from the contract the Buyer may use the attached standard withdrawal form which constitutes Annex 1 to the General Terms, but this is not mandatory.
6.6 The Buyer is obliged to send or return the Commodities to the commercial outlet indicated by the Seller without undue delay and, in any event, not later than 14 days as of the date on which the Buyer notified the Seller of his/her withdrawal from the distance sales contract. The term is deemed to be met if the Buyer sends or hands over the Commodities to the Seller before the end of the 14-day time frame.
6.7 If the conditions specified in this Section VI are fulfilled the Seller is obliged to accept the returned Commodities and accordingly refund the full amount of the Commodity Price paid by the Buyer within 14 calendar days from the date of receipt of the returned Commodities or until proof is provided that the Commodities have been sent back to the Seller, whichever event takes places earlier.
6.8 All direct expenses related to return of the Commodities by Buyer to the Seller, including shipping or postal charges, shall be covered in full by the Buyer who shall pay for them on the basis of relevant tariffs, price lists, etc. to the respective courier company or other company the Buyer decides to use to return the Commodities. The expenses are not expected to exceed approximately the costs that the Buyer has paid to the courier company upon receipt of the Commodities from the Seller. [Expenses are not expected to exceed approximately [..]BGN ] Until the Buyer delivers the returned Commodities to the Seller, the risk of accidental loss or damage is borne entirely by the Buyer.
6.9 The Buyer may send eventual complaints within the meaning of Art. 47, item 4, of the LCP to Office 1's address indicated in Section II.
7. Commodity Price. Terms of payment. Billing. Issuance of electronic invoices
7.1 Commodities offered for sale through the E-store include information on the Commodity Price. All stated Commodities Prices are in Bulgarian Levs (BGN) and are final prices inclusive of all taxes and fees, including value added tax. If a Commodity has several modifications, the price of each modification is stated.
7.2 The postal and/or transport charges associated with the delivery of the Commodities are not included in the Commodity Price and shall be separately paid by the Buyer in accordance with the terms of Section VIII of the General Terms.
7.3 Commodity Prices stated in the Website are valid:
(a) only for purchases made through the E-store;
(b) until the stocks of the Commodity have been exhausted;
(c) from the Seller's warehouse;
(d) only at the time of placing the Order.
7.4 The Seller may, at its sole discretion, at any time and without prior notice change the Commodity Prices. Buyers are deemed to have been informed of these changes from the date of their publication on the Website. The Buyer is shall pay the Price of the Commodity stated on the Website at the time the Order is placed, irrespective of whether it is lower or higher than the updated price.
7.5 The Buyer can pay the Commodity Price of an Order in one of the following ways:
(a) Payment on delivery (payment forward) - the payment is made at the moment the Commodities are delivered when the courier/carrier visits the delivery address indicated by the Buyer in the Order from and delivers the Commodities to the Buyer. Upon delivery of the Commodities the Buyer shall pay to the courier/carrier performing the delivery the full amount of the Commodity Price, delivered in accordance with the confirmed Order, together with the Delivery Charge. The Buyer shall pay to the courier/carrier the due Commodity Price which is indicated in the Money transfer receipt issued by the courier/carrier performing the delivery (certifying delivery of the Commodities by the courier/carrier to the Buyer and payment of the amount representing the Commodity Price by Buyer to the courier/carrier due to be delivered to the Seller). By signing the Money transfer receipt the Buyer authorizes the courier/carrier to deliver, in Buyer’s name and on Buyer’s behalf, to the Seller the amount representing the price of the delivered Commodities;
Pursuant to Art. 3, para. 1 of Ordinance 18 of 13.12.2006 on the registration and reporting through fiscal devices of sales in retail outlets the requirements towards the software for their operation and the requirements for persons who make sales through an electronic store, each person is required to register and report sales of Commodities or services to or from a commercial outlet by issuing a fiscal receipt from the fiscal device or a cash receipt from the integrated automated business management system, except where the payment is made ... via postal money transfer by a postal operator licensed to carry out postal money transfers under the Postal Services Act. In connection thereof, as of 03.12.2018 the Seller shall discontinue issuing fiscal receipts for all online orders with requested payment method "cash on delivery". All deliveries of online orders with requested payment method "cash on delivery" shall be executed through the services of couriers/carriers licensed as postal operators for postal money transfers within the meaning of the Postal Services Act - SPEEDY AD, UIC 131371780 with license No. 3-013/06.06.2012 and TRANSPRESS OOD, UIC 102017202 with license No. 3-024 / 30.08.2018 on the basis of individual contracts for performance of the deliveries. The Money transfer receipt for the postal money transfer is a legally recognized document for payment of the cash on delivery amount and can be used as proof of the online purchase. Any delivered order with method of payment "cash on delivery" can be paid at the delivery address in cash or by credit/debit card via the POS terminal of the representative of SPEEDY AD or TRANSPRESS OOD delivering the consignment.
(b) Payment by bank transfer - The Buyer pays the Commodity Price prior to receiving the ordered Commodities on the basis of a confirmed Order to a bank account indicated by the Seller on the Website. The Buyer is required to send a copy of the payment order/deposit slip where the Order number is indicated as reason for payment to the following email address [ ] and, if this cannot be done, the Buyer shall send the following information to the specified email address: payment date; bank name; number of the payment order/deposit slip; Order number; names and contact telephone number;
(c) Payment by debit or credit card - the Buyer pays the Commodity price via bank card via a virtual POS terminal. The cards accepted for online payments are: VISA, MasterCard, Maestro.
7.6 In case the selected payment method is payment by debit/credit card or bank payment, if within 2 (two) days of confirmation of the Order the Commodity Price is not received on Seller's bank account, the Order is deemed to be automatically cancelled and the Seller is under no obligation to execute it without liability thereof.
7.7 In case of late payment of an amount or part thereof payable pursuant to these General Terms on an invoice issued by the Seller, the Buyer shall owe a penalty of 0.5% per day on the outstanding amount until it is paid in full, unless otherwise agreed in writing.
7.8 The Buyer and Seller may agree on different terms and payment deadlines in a separate agreement concluded between them. In the event that such a deadline has not been agreed in writing, the Buyer shall make the payment in advance - before accepting the Commodities or at the latest within the deadline indicated on the invoice issued by the Seller.
7.9 The Seller shall issue an invoice for the Commodity Price due and/or other amounts payable by the Buyer under the placed Order in accordance with the General Terms.
7.10 Unless expressly stated otherwise subject to the General Terms the Buyer:
(a) opts out of receiving paper invoices issued by the Seller for the sold Commodities;
(b) agrees to receive invoices in electronic form (electronic invoices) issued by the Seller for the Commodities purchased by the Buyer and sent by email to the email address specified by the Buyer in the Buyer Profile. The invoices issued by the Seller in electronic form comply with the provisions of the Accountancy Act and are documents in legal form recognized for tax purposes. Signature and stamp of the compiler is not a mandatory detail on invoices pursuant to Art. 7, para. 1 of the Accountancy Act.
7.11 The time limit for issue of an invoice by the Seller is no later than 5 days from the date of delivery of the Commodities when the Commodity Price for the delivery is paid cash on delivery. In the case of advance payment, the invoice is issued no later than 5 days from the date of receipt of the payment by the Seller. When two or more deliveries of Commodities to a Buyer are made within one calendar month, the Seller may issue one summary invoice specifying the details of each individual delivery. The summary invoice shall be issued no later than on the last day of the month in which tax for the deliveries has become chargeable.
8. Delivery of Commodities
8.1 Deliveries of Commodities are carried out by a courier/carrier on the territory of the Republic of Bulgaria as follows: Monday to Friday from [ ] to [ ]. The courier/carrier companies delivering the Commodities are selected by the Seller and it may at any time change them without having to inform the Buyer in advance, as long as this does not affect the manner and timing of delivery.
8.2 Transportation costs associated with the delivery of Commodities to Buyer's address specified in the Order (Delivery Charge) are not included in the Commodity Price stated on the Website.
8.3 Unless otherwise agreed, the Delivery Charge is to be paid separately by the Buyer upon delivery of the Commodities to the courier/carrier company performing the delivery.
8.4 The Delivery Charge is calculated upon execution of the Order based on the tariff of the courier/carrier making the delivery and is confirmed by the Buyer upon completion of the Order. By confirming the Order the Buyer undertakes to pay the Delivery Charge as per the General Terms.
8.5 The Buyer is not liable to pay the Delivery Charge if the Order for Commodities amounts to more than BGN [ ] with VAT.
8.6 The Commodities are delivered to the address on the territory of the Republic of Bulgaria specified by the Buyer. The Commodities are handed over to the Buyer against signature. If the total weight of the ordered Commodities exceeds [ ] kg, they shall be delivered to the entrance of the building where the delivery address is located. If the Buyer wants such Orders (including Commodities with total weight in excess of [ ] kg) to be delivered to the entrance of the office premises, he/she shall pay an additional charge based on the courier/carrier's tariff.
8.7 If it is impossible to make the delivery during the first visit to the address indicated by the Buyer in the Order through no fault of Seller and/or the courier/carrier (e.g. in case of wrong address, if no one is at the address, etc.) the person making the delivery shall leave a note containing a contact telephone number which the Buyer should call within [ ] working days in order to specify a new time frame for delivery. In case of impossibility to deliver the Commodities during the second visit to the address through no fault of Seller and/or courier/carrier, the distance sales contract shall be automatically terminated and the Seller shall be relieved of its obligation to deliver the ordered Commodities. In such a case, as a penalty for the Buyer's default the Buyer shall be liable to pay the Seller [ ]. The provision of the preceding clause also applies to cases where the Buyer unreasonably refuses to accept a delivery.
8.8 Time frames for delivery of Commodities are as follows:
(a) For deliveries to an address on the territory of Sofia - [ ] working days;
(b) For deliveries to other locations - [ ] working days.
8.9 In any case, the Seller is entitled to extend the specified delivery time frames by up to [ ] working days which the Buyer accepts by pressing the button "Completion of the Order" upon finalizing the Order. Delivery time frames may be extended additionally on public holidays and/or national holidays with the number of non-working days.
8.10 In the case of payment by cash on delivery the delivery time frame begins on the date of receipt of confirmation that the Commodities from the Order are ready to be dispatched in the Buyer's email address in accordance with item 5.8 of the General Terms. When the selected method of payment is payment by bank transfer or by debit/credit card, the delivery time frame shall begin on the date of receipt of the Commodity Price on the Seller's bank account.
8.11 The Seller is not liable for delay if the delay is caused through fault of the courier/carrier making the delivery and/or due to circumstances beyond the Seller's control.
8.12 Upon delivery of the Commodities the Buyer or a third party indicated by the Buyer shall be obliged to sign the documents accompanying the Commodities. A third party is considered to be any person who is not the ordering Buyer but accepts the Commodities upon delivery to the delivery address specified by the Buyer.
8.13 Upon delivery of the Commodities they should be carefully inspected by the Buyer and/or a person authorized by him/her. In the event obvious defects are established (external visible defects - impairment, hits and other damages) or lack of any of the accessories accompanying the Commodities and/or any of the documents required under Bulgarian legislation, the Buyer shall immediately inform the person making the delivery whereof a report of damages shall be drawn up in the presence of the courier/carrier. Furthermore, the Buyer shall immediately notify the Seller via email to: [ ] enclosing the respective invoice for the purchased Commodities or by indicating the invoice number and date. If the Buyer fails to do so, the Commodities shall be deemed accepted and he/she shall lose the right to claim at a later stage that the Commodities have been delivered with obvious qualitative and quantitative discrepancies and deficiencies, including lack of any of the accessories accompanying the Commodities and/or any of the documents required under Bulgarian legislation.
8.14 If the Commodities are accepted by the Buyer without comments, subsequent claims for deficiencies and/or obvious defects would be unreasonable and as such should not be granted. If a report of damages is not prepared and signed in the presence of the courier/carrier upon receipt of the delivery and the Seller is not immediately notified by the Buyer via email [ ], the Buyer shall lose the right to request bringing the Commodities into conformity with the sales contract.
9. Commodities Warranty
9.1 All Commodities listed on the Website for which it is required in terms of applicable law and for which a warranty period is offered shall be offered for sale with warranty in accordance with manufacturer's governing law and commercial policies. No warranty is offered for the categories of Commodities which due to their nature can have no warranty.
9.2 The Commodities offered for sale on the Website are new and in their original packaging.
9.3 When the warranty cards of the Commodities including the terms of the warranty from the manufacturer are issued directly by the manufacturer in paper form, the Commodities are offered for sale and delivered to the Buyer together with the warranty cards that are inside the package/box.
9.4 Except as provided in item 9.3, warranty cards with warranty terms of the Commodities manufacturer are in electronic format and are available to Buyers via the Website in a form that permits their storage and reproduction.
9.5 In the event of absence of a warranty card on the Website or in the package of the Commodities, the Buyer shall notify Office 1 via email to: [ ] within [ ] of receipt of the Commodities by the Buyer. If notification of a missing warranty card is not received within this period, Office 1 shall not be liable for providing it.
9.6 Warranty cards contain information about the warranty terms and warranty period as well as the service centers (authorized repairers) that provide repair of the Commodities within the warranty period.
9.7 Repair of Commodities within the warranty period shall be subject to the terms of the warranty provided by the Commodities manufacturer. Except as otherwise provided in the Commodity warranty card, in case of repair of the Commodity during the warranty period the Buyer shall, at his/her own expense, transport the purchased Commodity to the service centre indicated in the warranty card and collect the repaired product.
9.8 All the information about the Commodities offered for sale, including but not limited to, technical features, warranty terms, conditions of use, etc., has been provided by the manufacturer or the importer of the respective Commodity. Unless it is the manufacturer of the Commodities, the Seller does not bear any liability for incorrect or inaccurately presented information, false information presented in a misleading way, for any discrepancy between the described and actual situation and for typographical errors.
9.9 A Buyer who is a consumer within the meaning of the LCP has the right to file claims for Commodities purchased through the E-store in accordance with the provisions of the LCP, additionally informing the Seller via email to: [ ] of each claim by enclosing the respective invoice for the purchased Commodities or indicating its number and date.
9.10 In accordance with Art. 105 et seq. of the LCP Commodities have legal warranty of conformity with the sales contract which is contained in the fact that the Seller (in accordance with the other terms and deadlines under the LCP) is liable for any lack of conformity of the Commodities with the sales contract in effect at the time of delivery of the Commodities that is manifested within two years subsequent to the delivery, even if the Seller was not aware of the lack of conformity.
10. Confidentiality and personal data protection
10.1 Office 1 is registered as a personal data controller within the meaning of Bulgarian legislation and provides data protection under the Personal Data Protection Act.
10.2 By registering a Buyer Profile on the Website the Buyer accepts to provide voluntarily the personal data required to complete the registration application. Office 1 may at any time change the volume of personal data required for registration of a Buyer Profile.
10.3 By completing the registration of the Buyer Profile and accepting the General Terms the Buyer expressly agrees that the personal data he/she enters upon registration and/or ordering of Commodities with subsequent changes/additions shall be used and stored by Office 1 for the following purposes: technical administration of the Website and E-store and their databases; creating and managing the Buyer Profile; contacting the Buyer; processing Orders, delivery of Commodities and any other activities related to the fulfillment of the Seller's and Buyer's obligations, including sending notifications of delivery status in case of problems with the delivery of ordered Commodities; measuring the Seller's service performance; advertising campaigns, marketing and market research, pricing policy; sending promotional offers and materials such as newsletters and catalogues, Seller's product information and other similar information by post, telephone and/or email; direct marketing; any other commercial communications. By accepting the General Terms the Buyer agrees that in connection with the processing of his/her personal data for the stated purposes Office 1 may also provide these data to third parties with whom Office 1 cooperates, works or is in other relationship by virtue of its business activity (including courier companies, freight and forwarding companies in connection with the delivery of the Commodities).
10.4 Pursuant to Art. 34a of the Personal Data Protection Act Buyers may object to the use of their personal data, disclosure to third parties and their use on their behalf for the stated purposes. Buyers may at any time object to the processing of their personal data for the purposes of direct marketing and opt out of receiving information about products, campaigns, promotions, etc. of the Seller as well as receiving other advertising and information materials and offers by sending an email message to: [ ]. Similarly, the Buyer may contact Office 1 in case of unauthorized completion of Buyer's personal data by third parties, as well as other possible problems.
10.5 By accepting the General Terms Buyers expressly agree that Office 1 may send to the address, email and telephone number provided by the Buyer the commercial communications, information, materials, etc. referred to in item 10.3 of this Section X. The above is also considered prior consent within the meaning of Art. 6, para. 4 of the Electronic Commerce Act.
11. Other provisions
11.1 Disputes arising in connection with these General Terms shall be resolved by mutual agreement between the parties and, if an agreement cannot be reached, by the competent Bulgarian court.
11.2 In respect of all issues not settled in these General Terms, the provisions of the effective Bulgarian legislation shall apply.
11.3 Disputes between Buyers who have the status of consumers within the meaning of the Law on Consumer Protection and the Seller arising in connection with Seller's activity related to trading in Commodities through the E-store fall within the scope of activity of the General Conciliation Committee to the Commission for Consumer Protection (www. kzp.bg). At this point the Seller is neither committed to, nor required to approach alternative dispute resolution bodies, including the committee under the previous clause.
11.5 Office 1 makes every effort to ensure that information on the Website and E-store is always correct and up-to-date, but is not responsible for its completeness and veracity.
11.6 Office 1 is not responsible if the Buyer has no access at some point to part of the Website or if access deteriorates for some reason, including but not limited to, as a result of force majeure beyond the control of Office 1 such as technical failures, communication breakdowns, interruption of power supply, etc. Office 1 is not responsible for any damages caused to telecommunication equipment, software and hardware, or for the loss of data as a result of materials or resources used in any way via the Website.
11.7 Office 1 reserves the right to edit the content of the Website and E-store and disallow access to them at any time.
11.9 All intellectual property rights, such as trademarks and copyright of materials, photos, logos, images and the like published on the Website, remain property of Office 1 or its licensors. Any use of the Website or its content, including copying or storing content in its entirety or in part, other than for personal non-commercial use of the Buyer without permission from Office 1 is prohibited. Offenders are subject to penalties under the provisions of the Law on Copyright and Neighbouring Rights and the Law on Marks and Geographical Indications.
Annex 1 Standard form for exercise of the right of withdrawal
These General Terms have been adopted by the Managing Board of Panda Cooperative and are effective as of [ ] with subsequent amendment on [ ]. The General Terms were last updated on [ ] 2016. Upon each amendment and/or addition to the General Terms Panda Cooperative updates the General Terms published on the Website that become binding upon Buyer and Seller as of the time of publishing the respective update.