Condiții de utilizare a serviciului
FOR USING "Drekka"
These GENERAL TERMS and CONDITIONS govern the relationship between "DREKA" OOD, hereinafter referred to as "Drekka", on the one hand, and the Users of internet pages and services located at the domain www.drekka.bg (hereinafter referred to as Users), on the other hand .
"DREKКA" OOD is a company registered under the Commercial Law of the Republic of Bulgaria with EIK 204246827, with headquarters and management address: Sofia, p.k. 1504, Oborishte district, 23 "Marin Drinov" street, email address: firstname.lastname@example.org, phone: 0895524320
"DREKКA" Ltd. is registered as a personal data controller and holds the Personal Data Controller Certificate No. 1423897
Please read the published General Terms and Conditions in full before using the information and commercial services offered by the site www.drekka.bg (called Services for short). By viewing www.drekka.bg, each User automatically undertakes to comply with the conditions described below.
This document contains information about the activities of "Drekka" and the general conditions for using the services provided by "Drekka", regulating the relationship between us and each of our registered users.
Confirmation of the General Terms and Conditions is a necessary and mandatory condition for the registration of each User and for the conclusion of the contract between him and "Drekka". By pressing the virtual "Registration" button, it is considered that you are familiar with the General Terms and Conditions and undertake to comply with them.
Art. 1 The services provided by "Drekka" to the User are information society services within the meaning of the Electronic Commerce Act.
Art. 2 "Drekka" is an electronic store, available on the website www.drekka.bg, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by Drekka.
Art. 3 (1) "Drekka" identifies the Users of the site by storing log files on the www.drekka.bg server and the User's IP address.
(2) "Drekka" has the right to collect and use information about Users after their registration. The information by which the person can be identified may include name, surname, date of birth, gender, address, telephone, as well as any other information that the person voluntarily provides during registration. The information includes any other that the User enters, uses or provides when using the Services provided by "Drekka".
Art. 4 (1) "Drekka" takes due care and is responsible for protecting the information about the User, which became known to him on the occasion of registration - subject to these General Terms and Conditions, except in cases of force majeure, accidental event or malicious actions of third parties.
(2). In the registration form filled in by the User during registration, "Drekka" indicates the mandatory or voluntary nature of providing the data and the consequences of refusing to provide them. By expressing agreement with these General Terms and Conditions, the User agrees to have his/her information processed in the order provided for in them.
(3) The restrictions under para. 1 do not apply in the event that "Drekka" is obliged to provide the personal information about the User to the relevant competent state authorities according to the current legislation.
Art. 5 (1) "Drekka" collects and uses the information under Art. 3 for the purposes provided for in these General Terms and Conditions, as well as for offering new goods and/or services to the User (free or paid). The described purposes for which the information is used are not exhaustively listed and do not give rise to obligations for "Drekka".
(2) By accepting these General Terms and Conditions, the User agrees to the processing of his personal data for the purposes of this contract and direct marketing.
Art. 6 (1) The user can register by filling in the relevant electronic registration form, available in real time (on-line) on the Internet on the "Drekka" website, express agreement with these General Terms and Conditions and declare that he has legal capacity.
(2) By pressing the virtual button "Registration", having the force of a written confirmation of the General Terms and Conditions, the User makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, by which he declares that he is familiar with these General Terms and Conditions, accepts them and undertakes to comply with them. By recording it on a suitable medium in the "Drekka" server, by means of a generally accepted conversion standard in a technical way making possible its reproduction, the electronic statement acquires the quality of an electronic document within the meaning of the cited law. "Drekka" may store in log files on its server the IP address of the User, as well as any other information necessary for his identification and reproduction of his electronic statement of acceptance of the General Terms and Conditions in the event of a legal dispute. The text of these General Terms and Conditions is available on the Internet on the "Drekka" site in a way that allows its storage and reproduction.
(3) When completing the registration application, the User is obliged to provide complete and correct data regarding identity (for individuals), legal status (for legal entities) and other data required by the electronic form of "Drekka", as well as to update them within 7 (seven) days of their change. The user declares that he agrees to provide the personal data so requested, thereby guaranteeing that the data he provides in the registration process is true, complete and accurate and, if the latter changes, he will update them in a timely manner. In case of providing incorrect data, "Drekka" has the right to terminate or stop immediately and without notice the provision of the services, as well as the maintenance of the User's registration.
Art. 7 (1) Upon registration, the User receives a unique username and password to access the services available through the "Drekka" website.
(2) The username with which the User registers does not give him any rights other than the right to use the specific username within the "Drekka" e-shop.
(3) The registrant, in his capacity as a representative of a legal entity, is obliged to enter his full name and address, resp. the name of the legal entity it represents. By accepting the General Terms and Conditions, he guarantees and confirms that he has a contractual relationship with the user company registered by him. By entering incorrect or misleading information, the party is deprived of the right to access the services of the "Drekka" website.
(4) The user is obliged to take all care and take the necessary measures that are reasonably necessary in order to protect his password, as well as not to disclose his password to third parties and to immediately notify "Drekka" in the event of illegal access, as well as in the case of probability and suspicion of such. He bears the responsibility and risk for the protection of his password, as well as for all actions that are carried out by him or a third party using his password.
Art. 8 (1) The user has the right to access in on-line mode to the services provided through the "Drekka" site, subject to the conditions and access requirements set by "Drekka". In order to use the services, the User must enter his username and password.
(2) The user has the right to access and correct his personal data provided during registration online.
Art. 9 (1) Users use the interface of the "Drekka" website to enter into contracts for the purchase and sale of the goods offered by "Drekka" in the electronic store.
(2) The contract for the purchase and sale of goods is considered concluded from the moment of its application by the User through the "Drekka" website.
Art. 10 (1) In order to request an order, the User must register in accordance with the terms and conditions described in these general terms and conditions, as well as log into the system by identifying with a username and password.
(2) After selecting one or more goods offered on the "Drekka" website, the User must add the same to his list of goods for purchase ("basket", "cart").
(3) It is necessary for the User to provide data for making the delivery and to choose a method and moment of payment of the price, after which to confirm the order through the interface of the electronic store.
(4) When placing an order, the User receives confirmation by email that his order has been accepted.
Art. 11 (1) The prices of the products offered in the online store are those indicated on the "Drekka" website at the time of placing an order, except in cases of obvious error.
(2) The prices of the products are indicated in the currency indicated on the "Drekka" website and include VAT, in the cases in which it is foreseen to be charged. Products are invoiced exclusively and only in the currency specified on the "Drekka" website.
(3) Invoices are issued only in the name of the person who placed the order.
Art. 12 "Drekka" reserves the right to change the prices of the products offered in the online store at any time and without notice, and such changes will not affect orders already placed.
Art. 13 (1) "Drekka" can provide discounts for the products offered in the online store, according to Bulgarian legislation and rules defined by "Drekka". The rules applicable to such discounts are available where the discount is displayed. Discounts may be provided in various forms (eg promotions, loyalty discounts provided individually, randomly or as a result of participation in a competition or customer survey).
(2) Different types of discounts cannot be combined when ordering and purchasing the same product.
Art. 14 When the User returns a product with the right to a refund of the amount paid for any reason, the price subject to a refund is reduced by the value of the discount received applied to the product, and only the amount actually paid is subject to a refund.
Art. 15 (1) The user can pay the price of the ordered goods by using one of the options listed on the website. On www.drekka.bg it is possible to pay by cash on delivery, by credit or debit card and by bank transfer.
(2) If the User chooses the option of courier delivery and cash on delivery payment, he must pay the price of the ordered items together with the courier delivery price upon receipt of the goods.
Art. 16 If the User chooses a payment method involving a third party payment service provider, the User may be bound by the terms and conditions and/or fees of such third party.
Art. 17 "Drekka" is not responsible if a payment method involving a third-party payment service provider is unavailable or otherwise malfunctions for reasons beyond Drekka's fault.
Art. 18 (1) The delivery of the ordered goods is carried out by courier to the office or delivery address specified by the User in the territory of the Republic of Bulgaria. Delivery is at the expense of the User, unless the contrary is explicitly indicated on www.drekka.bg.
(2) Before sending the ordered goods, "Drekka" has the right to contact the User on the telephone number specified by him, in order to specify details of the order and/or delivery.
(3) "Drekka" is not responsible for failure to fulfill an order in cases where the User has specified false, incomplete and/or inaccurate personal data, including when he has specified an incomplete, inaccurate or fictitious address or telephone number.
Art. 19 Delivery is made within the timescales described under each delivery option in the ordering interface module. In exceptional circumstances, "Drekka" reserves the right to extend the delivery period, promptly informing the User thereof.
Art. 20 (1) Goods ordered are delivered against signature, with larger items (at the courier's discretion) being delivered to the entrance of the building.
(2) The user is obliged to inspect the goods at the time of their delivery and to notify the courier immediately in case of any discrepancies, shortages and damages. If the User does not do this, it is assumed that the delivery has been accepted without objection.
Art. 21 (1) In case of impossibility or difficulty of delivery personally to the addressee, the parcels shall be delivered as follows:
a) for a business address - to a person with a workplace at the address, noting the name of the person who received the shipment;
b) for a home address - to a member of the household, noting the name of the person who received the shipment.
(2) In case of impossibility to deliver the shipment, which occurred due to no fault of "Drekka" or the courier, the person carrying out the delivery calls the contact phone number indicated by the User in order to be specified from which office of the courier the User can receive the delivery .
(3) If it is impossible to establish contact with the User, the distance sales contract is automatically canceled, and "Drekka" is released from its obligation to deliver the ordered goods.
Art. 22 When making international deliveries, the rules for delivery and receipt of shipments of the relevant national post office, as well as the relevant national legislation of the country in which the recipient of the goods is located, are applicable.
Art. 23 Drekka reserves the right to change the available delivery and payment methods and/or the terms thereof at any time by posting the available delivery and payment methods on the website without further notice.
Art. 24 (1) The User has the right to withdraw from the contract without stating a reason, without owing compensation or a penalty within 14 days from the date of acceptance of the goods by the User or by a third party.
(2) In order to exercise his right under this clause, the User must notify "Drekka" in writing of his decision to withdraw from the contract, individualizing the goods he wishes to return, by providing all the details of the completed order and delivery, including , but not limited to: content and value of the order, details of the person who placed the order, details of the person who accepted the delivery and date of delivery.
(3) The User is obliged to return the goods at his own expense, by handing them over to "Drekka" or to an authorized person of the latter, within 14 days from the date on which the User exercised his right to withdraw from the contract.
(4) In the event that the User does not fulfill his obligation under the preceding paragraph, without notifying "Drekka" of the delay and without providing a valid reason for the same, it is considered that he has withdrawn his statement to exercise a waiver of the contract.
Art. 25 (1) The user has no right to withdraw from the contract in the event that the following are the subject of the contract: products made according to individual specifications or clearly customized; products that may deteriorate in quality or products with a short shelf life; for newspapers, periodicals or magazines, including imported and foreign-language magazines; products which cannot be returned for reasons related to the protection of health or hygiene and which have been unsealed after delivery; sealed audio and video recordings or sealed computer software that have been unsealed after delivery.
(2) In the event that upon receipt of the returned goods it is found that they have unsealed factory packaging (in the case of products that cannot be returned for reasons related to health or hygiene protection and for sealed sound- and video recordings or sealed computer software), "Drekka" shall have no obligation to refund to the User the price paid.
Art. 26 "Drekka" reimburses the User the price paid by him for the returned goods by cash on delivery, to a bank account specified by the User or in another appropriate way if the User so wishes within 14 days of receiving the returned goods.
Art. 27 In the event that the User discovers a clear inconsistency of the goods with the sales contract, he has full rights to file a complaint in accordance with the provisions of the Consumer Protection Act.
Art. 28 "Drekka" has the right at its own discretion, without giving notice, to unilaterally terminate the contract, in case it finds that the provided services are used in violation of the present general conditions, the legislation in the Republic of Bulgaria and generally accepted moral norms.
Art. 29 (1) The intellectual property rights on all materials and resources located on the "Drekka" website (including the available databases) are subject to protection under the Copyright and Related Rights Act, belong to "Drekka" or the respective designated person who transferred the right to use "Drekka" and cannot be used in violation of current legislation.
(2) The User's right of access does not include the right to use, copy or reproduce information representing an object of intellectual property, unless it concerns information of an insignificant volume intended for personal use, provided that legitimate interests are not unduly damaged of the authors or other holders of intellectual property rights and in case the copying or reproduction is carried out for non-commercial purposes.
(3) In case of copying or reproduction of information beyond what is permissible, according to the previous paragraph, as well as in case of any other violation of intellectual property rights on the resources of "Drekka", "Drekka" has the right to claim compensation for the direct and indirect damages suffered Full size.
(4) The user undertakes, when using the access granted to him to services offered by "Drekka": to comply with Bulgarian legislation, these General Terms and Conditions, Internet ethics, rules of morality and good manners; not to harm the good name of others and not to call for a violent change of the constitutionally established order, to commit a crime, to violence against the person or to incite racial, national, ethnic or religious enmity, not to preach fascist or other anti-democratic ideology, not to violate someone else's property or non-property rights, including intellectual property rights; to immediately notify "Drekka" of any case of committed or detected violation; not to interfere with the proper operation of the system, including, but not limited to, not to thwart the identification procedure of another User, not to access outside of the one provided, not to damage or impede the availability, reliability or quality of the access provided, as well as to does not use it in a way that causes a refusal to use it; not to extract by technical means or in a technical way information resources or parts of information resources belonging to the databases located on the "Drekka" website and thus not to create its own database in electronic or other form; not to impersonate another person or otherwise mislead third parties about his identity or his belonging to a certain group of people; not to commit malicious acts within the meaning of these General Terms and Conditions.
(5) Except in cases where it is expressly agreed, the User may not reproduce, change, delete, publish, distribute and publicize in any other way the information resources published on the "Drekka" website.
Art. 30 (1) "Drekka" undertakes to take due care to provide the User with the possibility of normal access to the services provided.
(2) "Drekka" has the right to deactivate or delete the user name and password for access to the user profile of the User, in case the latter infringes the intellectual property right of "Drekka" on the elements - objects of intellectual property - contained on its website.
(3) "Drekka" reserves the right to suspend access to the provided services after sending a notice in the user profile of the User. "Drekka" has the right, but not the obligation, at its discretion to delete information resources and materials posted on its site.
Art. 31 (1) Apart from the cases provided for in these General Terms and Conditions, the contract between the parties is also terminated when "Drekka" ceases to operate or ceases to maintain its website.
(2) The user has the right at any time at his own discretion to stop using the services provided by "Drekka".
(3). Upon termination of the contract, "Drekka" deactivates the user profile of the User and deletes the password for accessing it.
Art. 32 Apart from the cases mentioned above, each of the parties may cancel this contract by giving one week's notice to the other party in case of failure to fulfill the obligations under the contract.
Art. 33 The written form of the contract is considered to be fulfilled by sending an e-mail message, pressing an electronic button on a page with content that is filled in or selected by the User or ticking a field (check box) on the website, etc. similar, insofar as the statement is technically recorded in a way that makes it possible to reproduce it.
Art. 34 The parties declare that, in the event that any of the clauses under these General Terms and Conditions is/are found to be invalid, this will not invalidate the entire contract or any of its other parts. The invalid clause will be superseded by the mandatory rules of law or established practice.
Art. 35 (1) "Drekka" undertakes to notify the Users of any change in the present general conditions within 7 days of the occurrence of this circumstance at the e-mail address specified by the User.
(2) When he does not agree with the changes in the general conditions, the User has the right to withdraw from the contract without giving a reason and without paying compensation or penalty. In order to exercise this right, the User should notify "Drekka" within one month of receiving the message under the previous paragraph.
(3) In the event that the User does not exercise his right to withdraw from the contract in accordance with the procedure stipulated in these general conditions, it is considered that the amendment has been accepted by the User without objection.
Art. 36 The provisions of the current legislation of the Republic of Bulgaria apply to all matters not settled by these General Terms and Conditions.