1.1 This Document is the general terms and conditions of use of shop.bmg.bg which governs the rules for the use of shop.bmg.bg, including the conclusion of a purchase contract with a merchant from this e-shop.
2. SELLER’S INFORMATION
2.1. BMG Data Ltd. is a company with headquarters and address of management in Bulgaria, Sofia, 14, Nikola Gabrovski Str., Fl. 1, with UIC 203394424 and VAT identification number in Bulgaria: BG203394424.
2.2. BMG Data Ltd. administers the BMG Data online store, in the form of the site shop.bmg.bg and bmg.bg. BMG Data Ltd. will be referred to as BMG Data below.
2.3. You can contact BMG Data at the address above, at 02/460 50 60 or e-mail at firstname.lastname@example.org Contact telephones are paid (at the cost of a local call).
3.1. Buyer – an individual of 18 or over, a legal entity or other legal entity that creates an account at shop.bmg.bg, makes an order and signs a distance-purchase contract through the e-commerce site shop.bmg.bg with BMG Data.
3.2. Seller – BMG Data.
3.3. Site – the online store hosted on the shop.bmg.bg web site and its subdomains.
3.4. Client – any individual of 18 or over, or a legal entity or other legal entity that gains access to the Content through the means of communication provided by BMG Data (electronically, telephone, etc.) or an existing contract use with BMG Data and who has requested the creation and use of an Account.
3.6. Account – a section of the BMG Data website, formed by an email address and password that allows the Buyer to send a Purchase Order and which contains information about the Buyer / User and the history of some of his actions on the Site (Orders, Tax Invoices, etc.). The user is responsible and ensures that all the information entered into the Account is correct, complete and up to date.
3.7. My shopping cart – an Account section that allows the Buyer / User to add Goods and / or Services that they want to buy at the time of adding or at a later stage.
3.8. Order – an electronic document representing a communication form between BMG Data and the Customer through which the Customer declares to the Seller through the Site the intention to purchase Goods and / or Services from the Site.
3.9. Goods and / or Service (s) – any product or service on the Site, including products and services mentioned in the Order, which are provided by the Seller as a result of a Contract entered into.
3.10. Campaign – any advertising message intended to promote the Site, BMG Data, or certain Goods and / or Services that are available in limited quantities, unless expressly stated otherwise in the commercial communication, for a specified period specified by the Seller.
3.11. Contract – represents the distance contract between the Seller and the Buyer for the purchase and sale of Goods and / or Services through the Site, an integral part of which is the present General Terms and Conditions for use of the Site.
– all the information on the Site that is accessible via an Internet connection and using a device connected to the Internet;
– the contents of any Buyer’s announcement to BMG Data and / or the Seller sent by electronic means and / or any other available means of communication;
– any information provided by any means by a BMG Data employee and / or any other Seller of the Customer by electronic or other means of remote transmission;
– the information relating to the Goods and / or Services and / or the applicable tariffs by the Seller within a certain period of time;
– Vendor data.
3.13. Commercial communications – any type of message sent via electronic communication channels (such as e-mail, SMS, etc.) containing general and thematic information, information on similar or appropriate products to buyers, information on offers or promotions, / or Services added to the “Account / My Cart” section as well as other commercial messages such as market and consumer surveys.
3.14. Transaction – the action by BMG Data to recover a sum paid by the Buyer as a result of termination, termination, refusal or non-conclusion of a contract for purchase through the Site, made solely by bank transfer.
3.15. Description and Additional Information – All features and / or descriptions of Goods and / or Services as outlined in their description.
4.1. The BMG Data Terms of Service bind all Clients / Buyers / Users on the Site.
4.2. Any use of the Site implies that you have (have) carefully understood the general terms and conditions of use of the Site and (b) have agreed to abide by them unconditionally.
4.3. BMG Data reserves the right to update and modify the Site Terms of Service periodically to reflect any changes to the way the Website operates and the terms or any changes to the legal requirements. The document may be opposed to Customers / Consumers / Buyers from the time they are posted to the Site. In the event of such a change, we will post on the Site the amended version of the Document, which is why we ask you periodically to check the contents of this Document. Each transaction through the Site is subject to the terms and conditions that were in place at the time of the distance contract between the Buyer and the Seller.
4.4. If any of the provisions of these General Terms and Conditions for use of the Site are found to be invalid or unenforceable, whatever the reason, this does not affect the invalidity or inapplicability of the other provisions.
4.5. BMG Data makes a serious effort to maintain the accuracy of the information provided on the Site. However, given the possible technical errors or omissions in this information, BMG Data states that the product images are illustrative and guiding, respectively the products delivered may differ from the images.
4.6. It is possible, because of the limited space and the consistent structure of the information, that product descriptions are sometimes incomplete. However, from BMG Data we strive to provide the most relevant and important information.
4.7. All goods, including promotion / discount items, are sold and delivered until stocks are exhausted even if they are not explicitly marked on the Site.
5. CONCLUSION OF CONTRACT
5.1. The Customer declares his / her willingness to order and buy a Product and / or Service through the Site by making an Order electronically or by phone and registering accordingly either by himself or by an employee of BMG Data on his / her behalf.
5.2. BMG Data will send a notice to the Customer to register the Order in its system, which does not have the meaning of accepting, confirming, or committing to its execution. This BMG Data notification is made electronically (email) or by telephone.
5.3. Therefore, the Seller has the right not to deliver any or all of the Goods or not to perform part or all of the Services of the Order for a variety of objective reasons, including but not limited to the exhaustion of their stock availability. In any event, BMG Data notifies the Customer by email or telephone. Therefore, Seller’s sole responsibility is to return the eventually received price of the Goods and / or the Service.
5.4. The distance-purchase contract between the Seller and the Buyer is deemed to have been concluded at the time of receipt by the Buyer of his electronic mail and / or by SMS sent to his telephone for notification that the Goods from the Order are ready for dispatch or the Service can be provided.
5.5. The purchase contract concluded between the Buyer and the Seller consists of the present General Terms and any possible additional agreements between the Seller and the Buyer.
6. ONLINE SALES POLICY
6.1. Access to the Site for the purpose of registering a Purchase Order is allowed to any User.
6.2. BMG Data reserves the right, in its sole discretion, to restrict any User / Buyer from accessing an Order and / or one of the possible payment methods if it considers that this would be to the detriment of BMG Data by any means way. Therefore, the sole right of the Customer is to contact BMG Data’s Sales Department to be informed of the reasons that have led to the implementation of the above mentioned measures. BMG Data is not responsible for any damages that the Customer has suffered or may suffer as a result of this decision, regardless of its correctness or merit.
6.3. The communication with the Seller may be effected via a direct link or at the address, e-mail or telephone number indicated on the Site under the “Contacts” section.
6.4. BMG Data may post advertising or promotional information about the Goods and / or Services and / or the promotions offered by it on the Site for a specified period of time.
6.5. All prices of the Goods and / or Services on the Site are final, are declared in BGN (BGN) including VAT and any other taxes or fees required by law.
6.6. In the case of online payments or bank transfer payments, Seller does not bear any liability for any charges in connection with fees, commissions or other additional payments made by the Buyer or his bank in connection with the transaction itself, as well as in the cases of the currency exchange applied by the bank issuing the card to the client in cases where the currency is different from BGN. BMG Data recommends its customers to consult with their bank about any additional charges that may be charged to them on online payments or through a bank for Products sold by BMG Data.
6.7. All images displayed on the Site are solely intended to provide some insight into the type of Goods and / or Service offered, rather than to represent it accurately (the illustrations are illustrative). Accordingly, some of the Images and / or Services of the Site (static / dynamic images / multimedia presentations / etc.) may not match the appearance of the Goods in question or create a false impression of the Service offered. There may be inaccuracies in the descriptions of some of the products offered by BMG Data. The seller will not be held responsible for such discrepancies.
7. USE OF SUBCONTRACTORS
7.1. Seller has the right to use subcontractors for the fulfillment of their obligations under the distance purchase agreement concluded through the Site without the need to notify or obtain the Buyer’s consent to do so. The seller will be responsible for the actions of these subcontractors as their own.
8. THE RIGHT OF INTELLECTUAL AND INDUSTRIAL PROPERTY
8.1. Content as defined in the “Definitions” chapter, including but not limited to the logos, any graphic images or inscriptions, trade symbols, dynamic symbols, texts and / or multimedia content of the Site, are the exclusive property of BMG Data or their respective rightholders.
8.2. BMG Data has and reserves all intellectual property rights in any way connected with the Site, whether it is its own or obtained through contractual licenses or in any other lawful manner.
8.3. Nothing in the distance contract concluded between BMG Data and the Buyer will be considered as an authorization by BMG Data to copy, distribute, publish, make available to third parties, modify in any way any part of the Content, but not limited to, the content of the trademarks, logos, the multimedia content of the Site, or the descriptions of the Products or Services in any way, including through the introduction of any external content for the Site, the removal of the signs indicating the right owned BMG Data on the Content. The Customer may not transfer, sell, distribute any material created through the reproduction (copying), modification or publication of the Content except with the express consent of BMG Data.
8.4. Customer may copy, transfer, and / or use the Content only for personal non-commercial purposes only in cases where this is not contrary to the provisions of this Chapter or the applicable laws of the Republic of Bulgaria.
8.5. The Customer may only use the Content for Commercial Purposes if it has received the written consent of BMG Data for that and only the portion of the Content, the manner and extent of its use, and the time limits for which such consent is given expressly. Any subsequent or different use of the Content will be deemed to be a violation of this agreement between BMG Data and the Customer and for violation of the intellectual property rights of BMG Data, which has the right to take charge of the Customer for that purpose.
8.6. Simply sending to Customer or referring to the Content or parts thereof by BMG Data will not be considered as an agreement on BMG Data to allow the Customer to use the Content or parts of it for purposes other than its personal needs, by the means of communication used by BMG Data.
8.7. Any use of the Content for purposes other than those expressly permitted in these General Terms or any other explicit written consent given by BMG Data or their respective rightholders is prohibited.
9.1. The Customer may place orders on the Site by adding the desired Goods and / or Services to My Purchase Order by following the steps outlined on the Site to complete and send the respective Order.
9.2. Any Goods and / or Service added in My Cart can be purchased if available. Adding a Goods and / or Service to My Trolley without the Order being terminated does not result in the order being registered and automatically saving the Goods and / or the Service.
9.3. Some of the Goods and / or Services offered by BMG Data are tied to a minimum order quantity, depending on the policy of the respective manufacturer.
9.4. The Customer undertakes and is responsible for ensuring that all data that he has provided to BMG Data in connection with the Order are accurate, complete and accurate as of the date of sending the Order.
9.5. By sending the order, Customer / Buyer allows BMG Data to contact him / her in any possible way when this is required in connection with the order or contract that has been made.
9.6. The Seller has the right to refuse to execute (cancel) the Order made by the Client, for which he should notify the Customer. Cancellation of the order does not entail any liability or consequent liability of any party to the other party in relation to it, and respectively none of them may seek compensation from the other party for its cancellation in the following cases:
– non-acceptance by the payee’s bank of the online payment transaction;
– execution of the monetary transaction, which does not lead to the payment of funds to Seller’s account when making online payments;
– the data provided by the Customer on the Site are incomplete and / or incorrect.
9.7. Buyer will bear all direct costs of returning Products offered by BMG Data in case he withdraws from the Contract at a distance and he / she claims this within the withdrawal period granted to him by BMG Data. This period begins to run from the date of receipt of the Purchased Goods by Buyer or from the date of earliest possible activation of the Service. Customer must either refuse the Service or return BMG Data to: Bulgaria, Sofia, 14, Nikola Gabrovski Str., Fl. 1, and in the meantime notify the Seller about this at email@example.com or the phones listed on the Site.
9.8. The Seller is obliged to refund the paid price of the Contract from a distance from which the Purchaser has declined within 14 (fourteen) days from the date on which he has received evidence from the Customer that the latter has returned the relevant Goods or has refused the respective Service . The amount will be refunded as follows without incurring any additional costs to the Buyer using the same means of payment used by the Purchaser in the original transaction. In case the payment is made by bank card, the refund is made by ordering a card-backed transaction with the payment within 14 (fourteen) days.
9.9. The seller is entitled to delay the refund in case of withdrawal of a Contract until the Goods and / or Services are sold or until they have received proof that they have been sent in case they have not offered to take the Goods themselves which of the two events occurred earlier. Reimbursement is made up to 7 (seven) business days upon bank transfer or according to the issuer’s policy upon payment by credit / debit card.
9.10. Only consumers within the meaning of the Consumer Protection Act have the right to withdraw from the distance contract and return the goods in respect of the goods offered by the Site.
10. PRODUCTS / SERVICES FOR WHICH THE BUYER HAS NO RIGHT OF REFUSAL
10.1. The buyer has no right to renounce the concluded contract in the following cases:
– in the case of the provision of Goods and / or Services in which the service is fully provided and its execution has begun with the explicit prior consent of the Buyer and confirmation by the Buyer that he knows that he will lose his right of withdrawal once the contract has been fully executed by Seller;
– in the case of delivery of Goods and / or Services, the price of which has been changed by the supplier and can not be controlled by the Seller, occurred during the period for exercising the right of withdrawal;
– upon delivery of sealed computer software that has been printed after delivery.
11.1. The Customer / User / Buyer agrees that by providing any personal or other data to BMG Data, he agrees that they may be used by BMG Data for the following purposes: (1) maintaining the Customer / User Account / Purchaser, including registering orders, sending ordered products, performing ordered services, invoicing, resolving disputes with Customers / Customers / Buyers regarding their Orders, or reviewing their claims; (2) conducting market research, tracking and monitoring sales and anonymous customer / consumer behavior.
11.2. The Customer / User / Buyer agrees to provide BMG Data anonymously with unlimited volume and time access to any materials and information that he sends to the Seller through or in connection with the Site, regardless of whether he has made a Purchase Order and made a transaction through the Site. BMG Data has the right to use, reproduce, publish, modify, transmit and distribute this information or materials. The Client expressly agrees that BMG Data may freely use and process for its own purposes the ideas, concepts or know-how that the Client has provided to him in any way through or in connection with the Site or the actions / inactions that the Customer through or in connection with the Site. BMG Data has no obligation to keep the information so obtained as confidential, as long as it is not imputed to it by applicable law.
11.3. By providing its data to BMG Data (including e-mail), the Customer / User / Purchaser expressly agrees to contact BMG Data or third parties who are couriers, BMG Data partners and are suppliers of marketing services, government , municipal or non-governmental agencies or insurance or financial services companies where this is provided for under the specific legislation, as well as other companies with which BMG Data may develop common programs for the offering of Goods and / or Services on the market, etc.
12. COMMERCIAL AND PROMOTIONAL MESSAGES
12.1. As soon as the Customer creates an account on the Site, he has the opportunity to express his consent to receive Commercial Messages.
12.2. Buyer / User may waive his consent given to the Seller to receive Sales Messages, which may be denied at any time by changing the settings in your Account or by contacting the Seller.
12.3. The refusal to receive Commercial Communications does not mean an automatic waiver of the given consent to the conclusion of this contract.
12.4. After the Purchase of Goods and / or Service, with consent already given, BMG Data will send to the Buyer / User commercial communications about:
– Proposals for Goods and / or Services recommended for use with the purchased Goods and / or Service;
– The Customer / User may withdraw at any time after receipt of Commercial Communications pursuant to Art. 12.2 above by clicking on the unsubscribe link posted in the commercial communications received from BMG Data or by contacting BMG Data for this purpose.
13.1. The prices of the Goods and Services advertised on the Site are final and include VAT as well as all other taxes and fees provided by current Bulgarian legislation.
13.2. The price, method of payment and payment period for issuing invoices are specified in each order. All Orders of Goods and / or Services offered by BMG Data are paid by bank transfer or by credit / debit card.
13.3. When issuing an invoice, the Customer / User is obliged to provide all necessary information for its issuance in accordance with the Bulgarian legislation in force.
13.4. The Seller will issue to the Customer an invoice for the ordered and delivered Goods and / or Services provided on the basis of the information provided by the Customer.
13.5. BMG Data issues an invoice for each Purchase Order through which the Customer has purchased a Product and / or Service offered on the Site by BMG Data. The customer is eager to receive such an invoice electronically by receiving an e-mail. If these payment documents are not available for more than 48 hours (forty-eight) hours, please let us know at firstname.lastname@example.org or at email@example.com.
13.6. In order to properly compile the invoice for the respective Order, the Customer / User is obliged to update the data in his / her account. He is required to review the information given in the relevant Order to make sure that it is complete, correct and accurate.
14.1. Seller is obliged to deliver ordered and purchased Goods and / or Services electronically or by courier to an address specified by the Buyer or to an office of the courier company, depending on the buyer’s choice. In the case of delivery to the buyer, the Buyer must provide accurate information about the address to which the products are to be delivered in the address field in the electronic shop.bmg.bg e-mail form specified for that.
14.2. The seller will ensure the appropriate packaging of the Goods and / or Services and the forwarding of the accompanying documents. In the event of inconsistency, please contact us by email firstname.lastname@example.org or the contact telephones.
14.3. (1) BMG Data will only deliver the Goods and provide the Services within the territory of the European Union (EU).
(2) The delivery terms for the products offered by BMG Data can be found on the Site Info page – “Shipping”.
(3) The cost of delivery, if any, will be apparent after the desired Goods and / or Services are placed in the cart and the user enters a delivery address.
15.1. The seller offers all Goods and / or Services on the Site with a guarantee of conformity of the Goods with the Contract in accordance with the manufacturer’s policy.
15.2. The repair / repair of Goods beyond the warranty period or within this period, but provided that the seller’s obligation to bring the goods into compliance with the Contract for Reducing is void for any reason, is payable by the Buyer and is within a period agreed between the parties.
16. TRANSFER OF OWNERSHIP
16.1. Ownership / The right to use the Goods is transferred by the Seller by handing them over to the Buyer by courier or otherwise as agreed by the parties. The right to use the Services is transferred from the Seller to the Buyer by electronic means.
17.1 The Seller shall not be liable for any damage suffered by the Buyer as a result of force majeure or circumstances beyond the control of the Seller.
18. PRODUCTION OF PERSONAL DATA
20. FORCE CIRCUMSTANCES
20.1. Neither party will be held liable for non-performance of its contractual obligations if such default is due to force majeure. Force majeure is an unpredictable event beyond the control of the parties that can not be avoided.
20.2. If no later than 14 (fourteen) days from the date of the relevant event, either party has the right to notify the other party that it will terminate the Contract without incurring the other damages for any damage suffered.
21. APPLICABLE LAW – JURISDICTION
This contract is subject to the Bulgarian legislation. Any disputes arising between BMG Data and Clients will be resolved by mutual consent or, if that is not possible, disputes will be settled before the Sofia Arbitration Court at the International Association for Justice and Arbitration, registered under company file. No 583/2016 according to the inventory of the Sofia City Court for 2016. UIC 177084688: with headquarters and address of management 8, Iskar Str., Sofia, represented by Maria Ivanova Yaneva, acting as chairman, without prejudice to the rights of the consumers within the meaning of the Consumer Protection Act Art. 18 of Regulation 1215/2012.