Terms & Conditions

GENERAL TERMS AND CONDITIONS OF USE OF

the WEBSITE of Drekka

 

These General Terms and Conditions regulate the relationships between DREKA OOD, hereinafter referred to as “Drekka”, of the one side, and the Users of the websites and pages hosted on the domain www.drekka.bg (hereinafter referred to as Users), of the other side.

 

DREKA OOD is a company registered under the Commercial Act of the Republic of Bulgaria under UIC 204246827, having a registered office and address if management at: 60 Wiliam Gladstone Street, 1000 Sofia, email: shop@drekka.bg, tel.: 0887315757.

 

            DREKA OOD is a registered personal data administrator and a holder of Personal Data Administrator Certificate No. 424867.

 

Please read these General Terms and Conditions in full before you start using the information and commercial services offered on www.drekka.bg (hereinafter referred to as the Services). By logging on to www.drekka.bg Users become automatically bound to observe the terms and conditions herein below.

 

            This document contains information on the activities of Drekka and the general conditions of use of the services provided by Drekka that regulate the relationships between us and any of our registered Users.

 

Prior to registering, it is mandatory that Users agree with the General Terms and Conditions to enter into a contract with Drekka. By clicking on the Registration button you are deemed to have read the General Terms and Conditions and are obliged to observe them.

 

Article 1 The Services provided by Drekka to Users constitute services for the information society within the meaning of the Bulgarian Electronic Commerce Act.

 

Article 2 Drekka is an online store accessible on www.drekka.bg that allows Users to enter into purchase-and-sale and delivery contracts for the goods offered by Drekka.

 

Article 3 (1) Drekka identifies website Users by storing the logfiles on the server of www.drekka.bg and the IP addresses of Users.

 

(2) Drekka is entitled to collect and use information related to Users upon registration thereof. Information used for identification purposes may include a person’s name, surname, date of birth, sex, address, telephone number, as well as any other information provided voluntarily during registration. This also implies any other information that Users may enter, use or provide while using the services offered by Drekka.

 

Article 4 (1) Drekka shall take due care and responsibility to protect any information related to Users, which is provided to Drekka with a view to registration – subject hereof, unless a force majeure event, an incident or malicious acts of third parties occur.

 

(2). Drekka shall indicate in the registration form to be filled in by Users during registration the compulsory or voluntary nature of data provision and the consequences in case of refusal. By agreeing with these General Terms and Conditions Users agree that any information related to them shall be processed as foreseen herein.

 

(3) The limitations of paragraph 1 above shall not apply in case Drekka is obliged to provide personal data of Users to the competent governmental authorities under the applicable laws.

 

Article 5 (1) Drekka shall collect and use the information under Article 3 hereof for the purposes defined herein and in order to offer new goods and/or services to Users (either free or paid). The purposes that justify the use of the information are not exhaustively listed and incur no obligations on Drekka.

(2) By agreeing with these General Terms and Conditions Users agree that their personal data shall be processed for the purposes hereof and for the purposes of direct marketing.

 

Article 6 (1) Users shall register by filling in the relevant electronic registration form accessible online on the website of Drekka, whereby Users must agree with these General Terms and Conditions and confirm their legal capacity.

 

(2) By clicking on the Registration button which has the force of written confirmation hereof, Users make electronic statements within the meaning of the Electronic Document and Electronic Signature Act, thus declaring that they have read these General Terms and Conditions, and that they agree with and shall observe them. Electronic statements, after being recorded on a relevant carrier on the server of Drekka through a generally accepted standard of technical transformation, which allows for reproduction, shall attain the status of electronic documents within the meaning of the quoted Act. In case of any legal disputes Drekka shall be entitled to store in logfiles on its server any IP addresses of Users, as well as any other information needed with a view to their identification and reproduction of their electronic statements of acceptance hereof. These General Terms and Conditions are available online on the website of Drekka in a form that allows storage and reproduction.

(3) When filling in the registration forms Users are obliged to provide full, true and accurate data concerning their identity (natural persons), legal status (legal entities) and any other information required in the electronic form of Drekka, and to update it within 7 (seven) days of occurrence of any change therein. Users hereby grant their consent to provide the required information and guarantee that any information provided in the registration process shall be full, true and accurate and that the latter shall be timely updated in case of change. In case false information is provided, Drekka shall be entitled to suspend or, immediately and without warning, terminate the provision of Services and the relevant User registration.

 

Article 7 (1) Users shall register with unique usernames and passwords to access the Services available through the website of Drekka.

(2) Usernames used by Users for registration do not entail any rights, other than the right to use the specific username on the online store of Drekka.

(3) In case registration is carried out by representatives of legal entities, the registering person shall enter their full name and address and, respectively, the name of the represented legal entity. By agreeing with the General Terms and Conditions, registering persons confirm that they have contractual relationships with the registered company. In case inaccurate or misleading information is provided, the party in charge thereof shall lose the right to access the Services on the website of Drekka.

(4) Users shall exert maximum efforts and shall take all necessary and reasonable measures to protect their passwords and not to disclose them to third parties, and shall immediately notify Drekka in case of proven, possible or suspected unauthorized access. Users shall bear the responsibility and risk to safeguard their passwords and shall be responsible for any actions carried out by themselves or by third persons with the use of their passwords.

 

Article 8 (1) Users shall be entitled to access on-line the Services provided through the website of Drekka in compliance with the conditions and requirements for access as defined by Drekka. To use the Services, Users are required to enter their usernames and passwords.

 

(2) Users shall be entitled to access on-line and to change their personal data provided during registration.

 

Article 9 (1) Users shall use the interface of Drekka to enter into purchase-and-sale contracts for the items offered by Drekka on the online store.

(2) A purchase-and-sale contract shall be considered effective as of the moment an item is ordered by an User through the website of Drekka.

 

Article 10 (1) In order to make orders Users shall be required to register in compliance herewith and to log into the system through identification with a username and a password.

(2) After choosing one or more items offered on the website of Drekka, Users have to add them to their list of selected items (“shopping bag”, “shopping cart”).

 

(3) Users shell be required to provide information needed for delivery and to choose means and time of payment, thereafter Users shall have to confirm their order through the interface of the online store.

(4) Once an order is confirmed, Users shall receive an email confirmation that their order has been accepted.

 

Article 11 (1) The prices of the products offered on the online store are the ones quoted on the website of Drekka at the time of making the order, unless there is a manifest error.

(2) The prices of products are given in the currency used on the website of Drekka and are VAT inclusive, when necessary. Products are invoiced only in the currency used on the website of Drekka.

(3) Invoices are only issued in the names of persons who have ordered through the website.

 

Article 12 Drekka shall reserve the right, at any time and without prior notice, to change the prices of the products offered on the online store, whereby such changes shall not affect orders that have already been confirmed.

 

Article 13 (1) Drekka may offer discounts on the products offered on the online store in compliance with Bulgarian laws and any rules defined by Drekka. Rules applicable to such discounts shall be available at the same place where a discount is displayed. Discounts may take different forms (such as promotions, loyalty discounts offered individually or randomly or as a result of contest participations or consumer research).

(2) Different types of discounts cannot be combined when ordering and purchasing one and the same item.

 

Article 14 In case Users return products with the right to remittance of the paid amount, whatever the reason, the price to be remitted shall be reduced by the amount of any discount applied on the product, if any, and only the real amount paid shall be remitted.

 

Article 15 (1) Users shall pay for the ordered items by choosing one of the options provided on the website. The website www.drekka.bg allows for payment upon delivery or through a credit or a debit card.

(2) If Users choose a courier delivery and payment upon delivery, they shall be required to pay the price of ordered items together with the price of courier delivery upon product delivery.

 

Article 16 If Users choose a payment method involving a third party – payment service providers – Users may be bound to any regulations, any terms and conditions and/or any fees charged by such third parties.

 

Article 17 Drekka shall not be liable if a payment method involving a third party – payment service providers – is unavailable or otherwise not functioning due to reasons that cannot be attributed to Drekka.

 

            Article 18 (1) Ordered items shall be delivered by a courier to an office or a delivery address on the territory of the Republic of Bulgaria, provided by Users. The price of delivery shall be borne by Users, unless explicitly stated otherwise on www.drekka.bg.

            (2) Prior to dispatching the ordered goods Drekka shell be entitled to contact Users on the telephone numbers provided thereby to specify any details concerning the order and/or delivery.

            (3) Drekka shall not be liable for non-performance in case Users have provided wrong, incomplete and/or inaccurate personal data, including an incomplete, inaccurate or non-existent address or telephone number.

 

Article 19 Delivery shall be carried out within the time-limits described under each delivery option on the interface order module. In case of occurrence of extraordinary events, Drekka shall reserve the right to extend the delivery time with a timely notification thereof to Users.

 

Article 20 (1) The ordered items shall be delivered against a signature, whereby larger packages (at courier’s discretion) shall be delivered at the entrances of buildings.

 

(2) Users shall be obliged to inspect the products at the time of delivery and to immediately notify the courier in case of any inconsistencies, missing items or damages. If Users fail to do that, delivery shall be deemed accepted without any objections.

 

Article 21 (1) In case it is impossible or very hard to deliver products personally to addressees, deliveries shall be made as follows:

a) business addresses – to a person working at the address by taking note of the name of recipient;

b) home address – to a member of the household by taking note of the name of recipient.

(2) In case delivery turns out impossible not on the fault of either Drekka or the courier, the person to deliver the product/s shall contact the User on the telephone number provided to arrange that the User receives the product/s from an office of the courier chosen by the User.

(3) If the User is impossible to contact with, the distance sale contract shall be automatically annulled, whereby Drekka shall be released from the responsibility to deliver the ordered product/s.

 

Article 22 In case of international deliveries the rules on delivery and receipt of packages of the relevant national post service shall apply, and the provisions of the relevant national laws shall take effect.

 

Article 23 Drekka shall reserve the right to change the available delivery and payment options and/or the terms and conditions therefor at any time by publishing the available delivery and payment methods on the website without any further notice.

 

Article 24 (1) Within 14 days of item receipt by the User or a third person, the User shall be entitled to withdraw from the contract without giving any explanations therefor and without owing any default penalties.

(2) In order to exert their right hereunder Users shall notify Drekka in writing of their decision to withdraw from the contract by itemizing any products to be returned and by providing all pertinent information on the relevant order and delivery, including but not limited to: content and price of orders, identification information on the ordering person, identification information on the person who received the package and date of delivery.

(3) Users shall be obliged to return the goods at their expense by delivering them to Drekka or to a person authorized thereby within 14 days of the date on which the intention on contract withdrawal is communicated.

(4) In case Users fail to perform their obligation under the previous paragraph or fail to notify Drekka of the delay, or fail to give a valid reason therefor, Uers shall be deemed to have waived their intention to withdraw from the contract.

 

Article 25 (1) Users shall not be entitled to withdraw from the contract in case it concerns customized products that have been made according to individual specifications or that are manifestly personalized; products that may deteriorate in quality or products with a short shelf life; newspapers, periodicals or magazines, including foreign and foreign language magazines; products that cannot be returned on account of reasons related to healthcare and hygiene or products whose package has been opened after delivery; sealed audio or video records or sealed computer software that were unsealed after delivery.

(2) In case upon receipt of any returned items it is established that their sealed package has been unsealed (in case of products that cannot be returned on account of reasons related to healthcare and hygiene or in case of sealed audio or video records or sealed computer software) Drekka shall not be under the obligation to remit the paid price to Users.

 

Article 26 Drekka shall remit to the User the price paid by the latter for the returned items through reverse payment upon delivery, by a bank transfer to an account given by the User or otherwise, provided that the User has explicitly wished so within 14 days of receipt of the returned goods.

 

Article 27 In case Users establish any manifest inconsistencies of the products with the purchase-and-sale contract, Users shall be fully entitled to file a complaint according to the provisions of the Consumer Protection Act.

 

Article 28 Drekka shall be entitled, at its discretion and without notice, to unilaterally terminate the contract in case Drekka establishes that the provided Services are used in violation hereof, of the laws of the Republic of Bulgaria or public morality.

 

Article 29 (1) The intellectual property rights over any materials and resources stored on the website of Drekka (including the available databases) are under the protection of the Copyright and Related Rights Act and are owned by Drekka or by the respective persons identified who have given license to Drekka, and shall not be used in violation of the laws in force.

(2) The right to access granted to Users does not entail the right to use, copy or reproduce any information that is subject to intellectual property rights, unless the information concerned is of insignificant size and is intended for personal use, provided, however, that this shall not unreasonably detriment the interests of the authors or any other intellectual right holders and in case any copying or reproduction are done for non-commercial purposes.

(3) In case of copying or reproduction of information beyond the admissible limits as per the previous paragraph, as well as in case of other violations of intellectual property rights concerning the resources of Drekka, the latter shall be entitled to claim full compensation for any direct or consequential damages suffered.

(4) Users shall, when using the access granted to the services of Drekka: observe the Bulgarian laws, these General Terms and Conditions, the Internet ethics and the principles of morality; shall not tarnish anyone’s reputation and shall not call for a forceful change in the constitutional normality; shall not incite others to commit crimes or acts of violence and shall not incite racial, national, ethnic or religious hostility; shall not propagate any fascist or other antidemocratic ideologies; shall not violate property or non-property rights of others, including intellectual property rights; shall immediately notify Drekka for each separate instance of committed or established violations; shall not interfere with the proper functioning of the system, including but not limited to thwarting the identification procedure of other Users or using unauthorized access; shall not damage or hamper the availability, reliability or quality of the granted access and shall not use it in such a way as to result in rejection thereof; hall not extract through devices or through any other technical means any information resources or parts thereof that belong to the databases located on the website of Drekka and shall not thus create databases of their own, online or otherwise; shall not use false identities and shall not otherwise mislead third persons concerning their identity or their belonging to a specific group of people; shall not perform malicious acts within the meaning hereof.

(5) Unless explicitly agreed, Users shall not reproduce, amend, delete, publish, disclose or otherwise distribute any information resources published on the website of Drekka.

Article 30 (1) Drekka shall take due care to provide Users with normal access to the offered services.

(2) Drekka shall be entitled to deactivate or delete usernames and passwords that give access to accounts of Users in case the latter violate any intellectual property rights of Drekka over any of the elements – subject to copyright – contained on the website.

(3) Drekka shall reserve the right to discontinue the access to the offered Services after giving a notification in the accounts of Users. Drekka shall have the right, but not the obligation, at its discretion to delete information resource and materials published on its website.

 

Article 31 (1) Except as foreseen herein, the contract between the parties shall be terminated in case Drekka ceases business or discontinues the maintenance of its website.

(2) Users shall be entitled, at any time and at their sole discretion, to discontinue the use of the Services offered by Drekka.

(3) In case of contract termination Drekka shall deactivate the account of the relevant User and shall delete the password for access thereto.

 

Article 32 In addition to the cases explicitly mentioned above, each of the parties shall be entitled to terminate this contract with a one-week notification to the other party in case of non-performance hereunder.

 

Article 33 The written form of the contract shall be deemed fulfilled by sending an email message, clicking on an online button on a page containing content to be provided or selected by Users, or through clicks in check boxes on the website and such like, inasmuch as the statement is technically recorded in a way that allows for reproduction.

 

Article 34 The parties hereby declare that in case any of the provisions hereof is found out to be invalid, this shall not affect the validity of the entire contract or other parts hereof. The invalid provision shall be replaced by the mandatory rules of law or established practice.

 

Article 35 (1) Drekka shall notify Users of any amendments hereto within 7 days of amendment on the emails provided by Users.

(2) In case Users disagree herewith, Users are entitled to withdraw from the contract without giving a reason therefor and without owing default penalties. In order to exert this right, Users shall inform Drekka thereof within a month of receipt of the message under the previous paragraph.

(3) In case Users do not exercise the right to withdraw from the contract as foreseen herein, the amendment shall be deemed accepted without objections.

 

Article 36 Any matters unsettled herein shall be subject to the provisions of the applicable laws of the Republic of Bulgaria.

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