Terms and conditions of Tabakera.bg
These General Terms and Conditions are intended to regulate the relationship between DIGITAL MARKETING LTD, hereinafter referred to as "SUPPLIER", and the customers of the e-shop - Tabakera.bg, hereinafter referred to as "ELECTRONIC SHOP", hereinafter referred to as "USERS".
- SUPPLIER DETAILS
Information required under the Electronic Commerce Act (ECA) and the Consumer Protection Act (CPA):
2.1. Name of the Supplier.
2.2. Registered office and address of management. B1, floor 4, app. 50
2.3. Administrative address. B1, floor 4, app. 50
2.4. Address for correspondence. B1, floor 4, app. 50
2.5. Entry in the Commercial Register: UIC 203466021
2.6. Supervisory bodies:
- Consumer Protection Commission
Address: 1000 gr. Sofia, Slaveykov Square №4A, floors 3, 4 and 6,
Tel: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
- Data Protection Commission
Address. Sofia, ul. "Prof. 2,
Tel: 02 / 940 20 46
Fax: 02 / 940 36 40
Email: firstname.lastname@example.org, email@example.com
- For disputes that cannot be resolved together with "ELECTRONIC SHOP" you can use the website of Online dispute resolution.
3.1. User / Buyer - a person aged 18 or over who has concluded a distance purchase contract through the Tabakera.bg e-shop.
3.2 Supplier/Seller - DIGITAL MARKETING LTD, through its e-shop - Tabakera.bg.
3.3. Customer - a natural or legal person who uses the e-shop in any way, including but not limited to browsing it, placing orders through it, buying goods, leaving reviews and feedback, returning goods and performing any other actions through it.
3.4. Account - part of the e-shop, requiring an email address and password, allowing the Customer to send an Order and take advantage of additional functionalities and which contains information about the Customer and the history of some of his actions in the e-shop (Orders, invoices, etc.).
3.5. Favorites - a section in the account that allows the User to create their own lists of favorite items.
3.6. Order - an electronic document representing a form of communication between the e-shop and the User, through which the User declares his intention to purchase items from the e-shop.
3.7. Product(s) and Service(s) - any subject of a purchase contract concluded between the User and the e-shop.
3.8. Campaign - any commercial message aimed at promoting the e-shop, the Tabakera.bg brand or certain Goods and/or Services offered by the e-shop at promotional prices, unless otherwise expressly stated in the commercial message, for a specific period of time specified by the e-shop.
3.9. Contract - the contract concluded remotely between the Supplier and the User for the purchase and sale of Goods and/or Services through the e-shop, an integral part of which are these general terms and conditions for the use of the Tabakera.bg e-shop.
3.10. Newsletter - a means of periodic information about the Goods and Services and/or promotions offered by the Seller, sent electronically by e-mail.
3.11. Specifications - all characteristics and/or descriptions of the Goods and Services as set out in their description.
3.12. Review - a written evaluation by the owner or user of a product or service based on the evaluator's personal experience and ability to make qualitative comments and express an opinion as to whether or not the product or service meets the manufacturer's stated characteristics.
3.13. Rating - a method of calculating the level of satisfaction of a Customer with respect to a particular product. The rating is expressed in the form of stars, and each product may receive a rating from one to five stars. This level of satisfaction will always be accompanied by the review written by the Customer of a product or service.
3.14. Comment - an evaluation or a critical remark at the end of a Review or to a product in an ELECTRONIC SHOP or to another comment.
- FEATURES OF THE E-SHOP
4.1. The e-shop is available at the Internet address www.Tabakera.bg, through which Users have the opportunity to conclude contracts for the purchase and delivery of goods offered by the ELECTRONIC SHOP, as well as other actions listed:
- To register and create an account to view the ELECTRONIC SHOP and use the additional services to provide information;
- To make electronic statements in connection with the conclusion or performance of contracts with the ELECTRONIC SHOP through the interface of the ELECTRONIC SHOP page, available on the Internet;
- To conclude contracts for the purchase and delivery of the goods offered by the ELECTRONIC SHOP;
4.2. To make any payments in connection with the concluded contracts with the ELECTRONIC SHOP, according to the payment methods supported by the ELECTRONIC SHOP.
4.3. To receive information about new goods or current promotions offered by the ELECTRONIC SHOP;
4.4. To review the goods, their characteristics, prices and delivery terms;
4.5. To exercise the right of withdrawal from the contract concluded at a distance for the goods offered by the Supplier for which the right of withdrawal is applicable;
4.5. The Supplier shall deliver the goods and guarantee the rights of the Users provided for by law, within the framework of good faith, the criteria and conditions accepted in practice, consumer or commercial law.
4.6. Users conclude a contract for the purchase and sale of the goods offered by the ELECTRONIC SHOP through the interface of the Provider, available on its website or other means of remote communication.
- Users shall pay the Supplier remuneration for the delivered goods in accordance with the terms set out on the ELECTRONIC SHOP and these General Terms and Conditions. The remuneration shall be equal to the price announced by the Supplier at the address of the ELECTRONIC SHOP on the Internet.
- The Supplier shall deliver the goods ordered by the Users within the terms and conditions set by the Supplier on the e-shop page and in accordance with these General Terms and Conditions.
4.7. The User and the Provider agree that all statements between them in connection with the conclusion and performance of the Purchase and Sale Agreement may be made electronically and by electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Article 11 of the Electronic Commerce Act.
4.8. Electronic statements made by Users of the Site shall be presumed to have been made by the persons indicated in the data provided by the User when registering, if the User has entered the corresponding username and password.
- USE OF E-SHOP
5.1. In order to use the ELECTRONIC SHOP for concluding contracts for the purchase and sale of goods, the User shall enter a name and a password for remote access chosen by him, in cases where the electronic shop requires registration.
5.2. The name and password for remote access shall be determined by the User through electronic registration on the Provider's website.
5.3. By filling in his/her details and clicking on the buttons "I have read the General Terms and Conditions", "Yes, I accept" or "Register", the User declares that he/she is familiar with these General Terms and Conditions, agrees with their content and undertakes to comply with them unconditionally.
5.4. The Provider confirms the registration made by the User by sending a letter to the e-mail address specified by the User, to which information on activation of the registration is also sent. The User confirms the registration and the conclusion of the contract by electronic reference in the letter notifying him of the registration sent by the Provider.
5.5. Upon registration, the User undertakes to provide true and up-to-date data. The User shall promptly update the data provided in his registration in the event of a change.
5.6. In order to use the full functionality of the Supplier's e-shop, the User is obliged to register on the e-shop website. The Supplier shall not be liable in the event that due to lack of registration the User has not been able to use the full functionality of the e-shop, including with regard to the exercise of rights under the contract, the possibility to claim a lower price and other similar functions.
5.7. These General Terms and Conditions may be accepted by the Users without registration in the ELECTRONIC SHOP by expressly stating their will, by ticking the box "I have read the General Terms and Conditions and accept them or otherwise through the ELECTRONIC SHOP website.
5.8. The e-mail address provided at the initial registration of the User, as well as any subsequent e-mail address used for the exchange of statements between the User and the Provider, is the "Primary e-mail address" within the meaning of these General Terms and Conditions. The USER shall have the right to change its Primary Contact Email Address and shall notify the SUPPLIER in writing.
5.9. The Provider shall not be liable to the User for any unauthorized change of the Primary Contact Email Address.
5.10. The Provider may require the User to use the Primary Contact Email Address in specific cases.
- TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT
6.1. Users use the interface of the Supplier's website to conclude contracts for the purchase and sale of the goods offered by the Supplier in the ELECTRONIC SHOP.
6.2. The Contract shall be concluded in Bulgarian.
6.3. The contract between the Provider and the User constitutes these General Terms and Conditions, available on the ELECTRONIC SHOP website.
6.4. The User is a party to the contract with the Provider in accordance with the data provided at registration and contained in the User's personal profile. For the avoidance of doubt, these are the details with which an account is created or an order is placed "As Guest" (without registration) with the Supplier.
6.5. The conclusion of a contract requires registration by the User with the Provider or acceptance of the General Terms and Conditions or by any other express means, including a statement on the Provider's website. The contract for the purchase and sale of goods shall be deemed to have been concluded from the moment of the User's ordering a specific item through the Supplier's interface and the Supplier's confirmation, by means of a telephone call or sending an e-mail with information that the order status has been changed to "Sent to recipient".
6.6. The Supplier shall expressly notify the User of the conclusion of this Agreement and of the conclusion of the contract for the purchase and sale of an item/items by appropriate electronic means.
6.7. The contract notice and the acknowledgement of receipt shall be deemed to have been received when their addressees are able to access them.
6.8. The Supplier shall deliver the Goods to the address indicated by the Users and shall not be liable in the event that the data indicated by the Users are incorrect, incomplete or misleading.
6.9. The User and the Supplier conclude the Purchase Agreement by going through the following steps:
- Performing registration in the ELECTRONIC SHOP and providing the necessary data if the User has not registered in the ELECTRONIC SHOP or by ordering goods without registration;
- Login to the system to place orders on the ELECTRONIC SHOP by identifying with a name and password and other means of identification;
- Selecting one or more of the items offered on the ELECTRONIC SHOP and adding them to a shopping cart or shopping list;
- Provision of data for making the delivery;
- Choice of payment method for the item(s);
- Confirmation of the order by the User;
- Confirmation of the order by the Supplier, either by a telephone call or by sending an e-mail confirming that the order status has been changed to "Sent to recipient";
6.10. Users may conclude the purchase contract with the Supplier without registration by using the relevant functionality in the e-shop interface or placing an order by telephone.
- OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
7.1. The rules of this section 7 of these General Terms and Conditions apply to Users who, according to the data provided for the conclusion of the purchase contract or registration in the ELECTRONIC SHOP, can be inferred to be consumers within the meaning of the Consumer Protection Act, the E-Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.
7.2. The main characteristics of the goods offered by the Supplier are defined and described in the detail page of each product of the ELECTRONIC SHOP.
7.3. The price of the goods including all taxes shall be determined by the Supplier in the detail page of each item on the website of the ELECTRONIC SHOP.
7.4. The method of payment, delivery and performance of the contract shall be defined in these General Terms and Conditions, as well as in the information provided to the User on the Supplier's website.
7.5 The information provided to the Users under this Article shall be up-to-date at the time of its visualization on the Provider's website prior to the conclusion of the Purchase Agreement.
7.6. The Supplier must indicate the terms of delivery of individual goods on its website in these General Terms and Conditions, as well as in the "Payment and Delivery" section.
7.7. The Supplier shall state before the conclusion of the contract the total value of the order for all items contained therein.
7.8. Users agree that all information required by the Consumer Protection Act may be provided via the eStore interface or email.
7.9. Some of the items listed in the ELECTRONIC SHOP are not physically available in the SUPPLIER's warehouse, but in the warehouses of contractors, so the SUPPLIER may not be able to fulfill an order placed by the USER in case the item is not available at the time of the order. The SUPPLIER reserves the right to unilaterally refuse the execution of a contract concluded with a USER in the event of inability to fulfill an order within 30 days of its receipt, if there are no other arrangements, to which the USER unconditionally agrees. The SUPPLIER shall notify the USER by telephone or e-mail in case of inability to fulfil a contract. In the event of inability to contact the USER at the indicated e-mail or telephone within 3 working days, the SUPPLIER shall unilaterally terminate the performance of a concluded contract.
7.10. The User agrees that the Supplier reserves the right to require advance payment for contracts concluded with the User for the purchase of goods or services and their delivery in certain cases.
7.11. The User shall have the right, without compensation or penalty and without giving any reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods through the single standard withdrawal form available on the Supplier's website. Information on exercising the right of withdrawal is available on the Supplier's website. Users may also use another unambiguous statement which may be recorded on a durable medium. Any USER may also make his/her claim by completing the standard form to facilitate the exercise of his/her right of withdrawal under the Consumer Protection Act and sending it by e-mail. Copy the form from here:
A SINGLE STANDARD FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL
/name of the trader/
I hereby give notice that I withdraw from the distance purchase contract I have entered into for the following item(s)/service(s):
Goods ordered at .....................................................................
Goods received at ...................................................................... /the date on which the goods were received by the consumer/
............................................................................................../Name and Surname of the user/
Gr./c.................................................................................... /User address/
/Date/ /Signature of the user/
7.12. The right of withdrawal under clause 7.11 shall not apply in the following cases:
- for the delivery of goods made to the user's order or according to his individual requirements;
- for the delivery of goods which, by their nature, may deteriorate or have a short shelf life;
- for the delivery of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
- for the supply of goods which, having been delivered and by their nature having become mixed with other goods from which they cannot be separated;
- for goods that have been put into service and/or have visible signs of use;
- for delivery of engraved goods at the User's request.
7.13. Where the User has exercised his right to withdraw from the distance contract or from the off-premises contract, the Supplier shall refund all amounts received from the User, including the cost of delivery, without undue delay and no later than 14 days from the date on which he was notified of the User's decision to withdraw from the contract. The Supplier shall refund the amounts received using the same means of payment used by the User in the original transaction, unless the User has expressly agreed to the use of another means of payment and provided that there is no cost to the User.
7.14. In case of exercising the right of withdrawal, the cost of returning the delivered goods shall be borne by the consumer and the cost of returning the goods shall be deducted from the amount paid by the consumer under the contract. The Supplier shall not be obliged to reimburse the additional costs of delivery of the goods where the Consumer has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.
7.15. The User undertakes to store the goods received from the Supplier and to ensure their quality and safety during the period referred to in clause 7.11.
7.16. The User may exercise the right to withdraw from the contract with the Supplier by sending a written statement to the Supplier through the standard withdrawal form available on the website of the ELECTRONIC SHOP.
7.17. Where the Supplier has not offered to collect the Goods himself, he may withhold payment of sums to the Consumer until he has received the Goods.
7.18. The delivery period of the goods is defined in the section "Delivery and payment". In the event that the Supplier is unable to meet the specified delivery time due to reasons beyond its control, it is obliged to notify the User by telephone and to offer an alternative delivery time.
7.19. The User has the right to unilaterally withdraw from the concluded contract in case the proposed alternative delivery period under clause 7.19. does not suit him.
7.20. In the event that the Supplier is unable to perform the contract due to the fact that he does not have the ordered goods, he is only obliged to notify the User and refund the amounts paid by him.
7.21. The Supplier shall hand over the goods to the Consumer upon verification that the requirements for providing information to the Consumer under the Consumer Protection Act have been met.
7.22. The User and the Supplier shall certify the circumstances under clause 7.11. in writing at the time of delivery by handwritten signature, unless otherwise agreed.
7.23. The User and the Supplier agree that the requirements of clause 7.11. will be complied with if the authentication is performed by a person who, according to the circumstances, can be concluded that he will pass the information to the User - party to the contract.
- DATA PROTECTION
8.1. The Provider undertakes to take measures to protect the User's personal data in accordance with the Personal Data Protection Act.
8.2. For reasons of security of the Users' personal data, the Provider will only send the data to the e-mail address provided by the Users at the time of registration.
8.4. Users agree that the Supplier has the right to process their personal data necessary for the execution of orders in the e-shop and the performance of the contract.
8.5. At any time, the Provider shall have the right to require the User to identify himself and to certify the veracity of any of the circumstances and personal data disclosed during registration.
8.6. In the event that the User has forgotten or lost his/her username and password, the Provider shall be entitled to apply the announced Procedure for Lost or Forgotten Usernames and Passwords.
- AMENDMENT AND ACCESS TO TERMS AND CONDITIONS
9.1. These General Terms and Conditions may be amended or supplemented by the Provider, for which the latter shall be obliged to notify in an appropriate manner all Users who have registered.
9.2. The Provider and the User agree that any amendment and/or modification of these General Terms and Conditions shall be effective with respect to the User after the User has been expressly notified by the Provider and if the User does not declare within the 30-day period granted to the Provider that it rejects them.
9.3. The User agrees that all statements of the Provider in connection with the amendment of these General Terms and Conditions will be sent to the e-mail address specified by the User upon registration. The User agrees that e-mails sent pursuant to this clause need not be signed with an electronic signature to be effective against the User.
9.4. The Provider shall publish these General Terms and Conditions on its website together with any amendments and modifications thereto.
10.1. These General Terms and Conditions and the User's contract with the Provider shall be terminated in the following cases:
- in the event of dissolution and liquidation or bankruptcy of one of the parties to the contract;
- by mutual agreement of the parties in writing;
- unilaterally, by notice from either party in the event of failure of the other party to perform its obligations;
- in the event of objective impossibility of one of the parties to the contract to perform its obligations;
- in case of seizure or sealing of the equipment by government authorities;
- in case of cancellation of the User's registration on the ELECTRONIC SHOP website. In this case, the concluded but unfulfilled purchase contracts remain in force and are subject to execution;
- in the event of circumstances described in clause 7.9.;
- in case of exercise of the right of withdrawal pursuant to Art. 55, par. 1 of the Consumer Protection Act. In this case, only the contract for delivery of the ordered goods shall be terminated if the right of withdrawal is applicable to the relevant category of goods.
- OTHER CONDITIONS
11.1 The invalidity of any provision of these terms and conditions shall not invalidate the entire contract.
11.2. The laws of the Republic of Bulgaria shall apply to matters not covered by this Contract relating to the performance and interpretation of this Contract.
11.3. All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.
- DELIVERY OF ORDERED ITEMS
12.1. After a successfully placed order in www.Tabakera.bg, the automated system of the ELECTRONIC SHOP notifies the User by email of the successfully accepted order.
12.2. Delivery is made only on successfully accepted orders or on orders taken by telephone and confirmed by an employee of the ELECTRONIC SHOP.
12.3. Delivery of ordered goods is not carried out on Sundays and public holidays.
12.4. Delivery to most locations in the Republic of Bulgaria is within 48 hours from the time of confirmation of the order by an employee of the company by phone. This period may be extended for any of the following reasons:
- the order is confirmed later than 15.00 and cannot be processed and dispatched on the same day;
- The Customer/Customer cannot be reached at the telephone number provided at the time of ordering for order confirmation;
- the product is temporarily exhausted;
- the mentioned location is not serviced every day according to the schedule of the courier company used by the ELECTRONIC SHOP;
- the customer wishes the product to be engraved or otherwise personalised, which necessitates a delay in order fulfilment;
- in the event of any delay beyond the delivery time specified in clause 12.4, the customer shall be notified by an employee of the ELECTRONIC SHOP by telephone or e-mail.
12.5. The delivery of all items listed in the ELECTRONIC SHOP is calculated depending on the characteristics of the selected products.
12.6. The Seller shall use the courier company Econt Express for deliveries, the usual delivery hours being from 09.00 to 17.30.
12.7. The delivery shall be made to the address (residential or business) specified by the User or to the office of the respective courier company in the respective city (if available).
12.8. In the event that the User does not provide access and conditions for delivery of the goods to the specified address within the specified period or does not go to the specified office of the relevant courier company to receive the goods in a timely manner, if he has chosen this option, the Seller shall be released from the obligation to perform its obligations under the contract.
13.1. Payment for the ordered goods may be made in four separate ways or in combination with each other, and regardless of the payment method chosen, the amount to be paid is the same and no additional fees are charged for processing the payment.
- "Cash on delivery" - payment in cash to the courier upon delivery;
- By credit or debit card;
- By bank transfer to the company account of DIGITAL MARKETING LTD:
Holder: DIGITAL MARKETING EOOD , Bulstat: 203466021, Account No: BG51RZBB91551008930880, BIC: RZBBBGSF, Raiffeisenbank (Bulgaria) EAD
Note: Please wait for a member of our staff to contact you and confirm that the product you require is available before making payment to our account!
13.2. For each ordered item the user must pay the price that is announced in the e-shop at the time of the order. The price of each item may change dynamically.
13.3. All prices of the Goods and/or Services are final, quoted in BGN inclusive of VAT and any other taxes or charges required by law.
13.4. When choosing online payments or payments by bank transfer, the SUPPLIER shall not be liable for any costs, fees, commissions or other additional payments incurred by the USER or the bank used by the USER related to the transaction itself, as well as in the case of currency exchange applied by the bank issuing the USER's card in cases where the currency is other than BGN. Payment by card to DIGITAL MARKETING LTD is accepted as an international payment by the banks in Bulgaria and according to their rules for handling cards and card payments for this type of transaction some banks may charge additional fees. The above also applies to transactions that the SUPPLIER makes to the CUSTOMER, whether it does so in connection with a refund of any payment to the latter or for any other reason. The costs associated with such transactions shall be borne solely by the CUSTOMER. Therefore, Tabakera.bg recommends its customers to check with the bank they use for any additional fees that may be charged when making online payments or those through a bank for Items offered by the ELECTRONIC SHOP.
13.4. In the event of a need to refund an amount paid by credit or debit card to the ELECTRONIC SHOP it will be credited only to the card with which the transaction was made.
14.1. What is a cookie? A cookie is a small text file. Sites you visit online transfer this type of file and the length of time it will be stored on your hard drive depends on the type of cookie. "Cookies do not collect personal information about you or that is stored on your computer's hard drive or mobile device!
14.2. What do Cookies do?
- save the user's preferred settings when using our online store and provide personalized and better web content
- save products added to cart
- show you personalised ads according to the products or categories you are interested in
- help us make our site more user-friendly, etc.
14.3. Why are cookies used?
"Cookies are used to collect anonymous information about the user in the ELECTRONIC SHOP and this will help to optimize and adapt the content of the website to your preferences.
14.4. How long do cookies stay on your device?
- Session cookies - this type of cookie lasts until the browser is closed and is not stored on your device's hard drive.
- Persistent cookies - this type of cookie is stored on your hard drive until it is deleted by you or until it expires.
14.5 Cookie Management
Most popular web browsers allow you to manage cookies. You can choose to accept or reject all cookies, or just some of them.
14.6. What cookies do we use?
- Social plugins - Facebook, G+ and Twitter;
- Fcebook, G+ Connect - applications that allow users to interact with our website through their profiles in the respective networks. This makes it easier to access our site.
- Facebook Custom Audience - a group of Facebook users who have already visited our website. By using Facebook Custom Audience we have the opportunity to show them our Facebook ads;
- e-mail newsletter - users who subscribe to our newsletter only provide their e-mail address. Tabakera.bg reserves the right, with the help of Google Analytics, to use specific cookies for users who subscribe to our e-newsletter for marketing purposes. Unsubscribing from our e-newsletter can be done at any time;
- Google Adwords Conversion - a tool that allows us to track the actions of a user who clicked on our ad;
- Remarketing - we use remarketing with Google Analytics. This helps us show you relevant, personalised ads related to your interests. This is done with the help of cookies, which you can opt out of by visiting Google's opt-out page.
These General Terms and Conditions come into force for all Users on 24.05.2018.