Art. 1. These Terms and Conditions are designed to regulate the relations between Sky Optic Ltd., VAT: 203514101, with headquarters address Bulgaria, Sofia 100, 27A Al. Staboliyski Blvd., called in short “SUPPLIER” and the customers, called in short “USERS”, to the e-commerce platform called “SKY OPTC”.
- SUPPLIER'S DATA
Art. 2. Information according to the law for Electronic Commerce Act and the Consumer Protection Act:
- Name of the Supplier: "Sky optic" Ltd.
- Address of management: Sofia 1000, 27A Al. Staboliyski Blvd.
- Activity Address and Address for Consumer Complaints: Bulgaria, Sofia 1000, 27A Al. Staboliyski Blvd.
- Correspondence data: Bulgaria, Sofia 1000, 27A Al. Staboliyski Blvd., phone +359 897 038 350
- Entry in public registers: VAT 203514101
(1) Commission for Personal Data Protection
Address: Sofia, 2 "Prof.Tsvetan Lazarov”
tel .: 02 / 91-53-515; 02 / 91-53-519
fax: 02 / 91-53-525
Email: firstname.lastname@example.org, email@example.com
Web site: www.cpdp.bg
(2) Commission for Consumer Protection
Address: 1000 Sofia, 4A Slaveikov Square, 3rd, 4th and 6th floor
tel .: 02/933 0565
hotline: 0700 111 22 Web site: www.kzp.bg
III. PLATFORM CHARACTERISTICS
Art. 3. SKY OPTIC is an e-commerce platform available at https://skyoptic.bg, from which Users have the opportunity to purchase goods offered by the Supplier in the platform, including the following:
1.To create an account for reviewing the Supplier's e-shop and using additional information services;
2.View products, their characteristics, pricing and delivery terms;
3.To conclude contracts with the SUPPLIER for the purchase of the goods offered by the e-commerce platform SKY OPTIC
4.To perform any payments related to the concluded contracts through the SKY OPTIC electronic payment platform.
5.Receive information about new products offered by the Supplier in the SKY OPTIC platform;
6.To make electronic statements about the performing of the concluded contracts with the Supplier in the SKY OPTIC platform;
7.Be informed about the rights according the law, primarily through the SKY OPTIC platform interface on the Internet;
- To use their right of canceling the contract, when is applicable, according the Consumer Protection Act.
Art. 4. Supplier of the SKY OPTIC platform organizes the delivery of the goods and guarantees the rights of the consumers provided by the law, the conditions adopted in the practice, in consumer or commercial law.
Art. 5. (1) The consumers conclude a contract for the purchased goods at the SKY OPTIC platform at https://skyoptic.bg/. The contract is concluded in Bulgarian or English language and is stored in the supplier's database.
(2) By virtue of the contract concluded with the Users, the supplier is obliged to organize the delivery and to transfer of the ownership of the goods to the USER, which he has assigned through the interface in the platform. Users have the right to correct mistakes when entering data until the statement about performing of the concluded contract with SKY OPTIC.
(3) Users shall pay the goods delivered in accordance with the conditions set out in the SKY OPTIC platform and these General Terms and Conditions. The amount is in the amount of the price announced in the SKY OPTIC platform.
Art. 6. (1) The User and the Supplier at the SKY OPTIC platform agrees that all statements between them concerning the conclusion and execution of the contract, may be made digitally within the meaning of the Electronic Document and electronic signature Act and art. 11 of the e-commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site are made by the same persons mentioned in the data provided by the User by making a registration in the platform, if the User has entered the respective name and password for access.
- Registration for using the SKY OPTIC platform
Art. 7. (1) In order to use the SKY OPTIC platform for concluding contracts about purchasing goods, the User shall enter the selected name and password for remote access or to be legalized by his Facebook or google account, that he has accepted the present terms and conditions.
(2) The name and password for remote access shall be determined by the User by making an online registration on the Supplier's site in the SKY OPTIC platform, according to the procedure specified. Users also have the ability to place orders for goods in social networks like Facebook and google.
(3) By filling in the personal details in the consumer basket and clicking the "Buy" button, the User declares that he / she is familiar with these conditions , and agrees with their content and undertakes to comply unconditionally with them.
(4) The supplier confirms the order by e-mail and the contractual relations are in place.
(5) When making the registration or the order, the User undertakes to provide accurate data. The user is obliged to update the data specified in his registration or order.
TECHNICAL STEPS TO CONCLUDE A CONTRACT
Art. 8. (1) Users shall mainly use the interface on the supplier’s web in the SKY OPTIC platform to conclude contracts for purchasing goods offered by the SKY OPTIC vendors.
(2) In the case of ordering goods without making a registration by the User, he/she shall accept these general terms at the moment of delivery. It is considered that the User has accepted these General Terms and Conditions upon acceptance of the delivery of the Goods.
Art. 9. The users conclude the contract it the SKY OPTIC platform using the following procedure:
(1) Entry into the ordering system in the platform.
(2) Choosing or configuring one or more goods offered by the SUPPLIER in the platform and adding them to a purchase order list.
(3) Provide the necessary data to individualize the User as a party to the contract.
(4) Providing data for delivery;
(5) Choice of method and time for payment of the price.
(6) Confirmation of the order by the Supplier;
CONTENT OF THE CONTRACT
Art. 10. (1) The Provider and the Users shall conclude individual contracts for the purchase of goods, requested by the Users, regardless of the fact that they have been elected with one electronic statement and one list of goods.
(2) The supplier may organize together the delivery of goods ordered by the one or more individual contracts.
(3) The rights of the Users in order with the supplied goods shall be applied separately for each single purchase contract. Using those rights related to a delivered good does not affect and has no effect on other contracts for purchase of other goods. In case that the User is a “consumer” within the meaning of the Consumer Protection Act, using the right of cancelation of the purchasing contract for a particular good could not affect the contracts for purchasing of other goods delivered to the consumer.
(4) In the case of delivery of goods that are delivered together in a set, the rules for delivery and return of the respective set are as a priority, as stated in the merchandise profile in the e-shop.
Art. 11. In using the rights under the contract, the User is obligated to indicate precisely the contract which the goods are related to.
Art. Article 12. (1) The user shall pay for the individual purchase contract at the execution of the order, or upon their delivery in one of the following ways:
1.by credit or debit card (MasterCard, MasterCard Electronic, Maestro, Visa, Visa Electron, V PAY), or
2.by bank transfer to the bank account specified in the SKY OPTIC platform, or
3.with payment at the moment of receipt of the goods by a courier. (This option is available only for Bulgaria)
(2) In the case of goods delivered together in a promotional set, the price for the set is referred to the complete set and cannot be separated or changed.
(3) Goods delivered together in a promotional set for which price refers to the complete set, may be returned by the User for refund only as a complete set.
(4) In case that the User wish to use his right for cancel contract order delivered as set, for only one piece of the goods under para. 2, The Supplier may refund up to the amount of the regular or reduced price of the reserved good and if this price exceeds the paid amount for the complete set, the User shall pay up to the regular price accordingly, otherwise he has no right to keep the item, as long the right of cancelation is applied according article. 16.
(5) The goods sold in the Outlet section of the Supplier's website, are separately from the other goods and cannot be combined. Nevertheless, the supplier can organize the delivery of the purchased products from the Outlet section and from the main website if they are purchased by the same User with the same address specified.
VII. SPECIAL CASES APPLYING TO PERSONS CONSIDERED CONSUMERS UNDER THE LAW OF CONSUMER PROTECTION
Art. 13. The rules of this Section VII for General Conditions, applies only for Users from wich data specified in SKY OPTIC, can be considered that they are consumers by the meaning of the Law Consumer Protection Act, E-Commerce Act and / or Directive 2011/83 / EC of the European Parliament and of the Council of 25 October 2011
Art. 14. (1) The main features of the goods offered by the Supplier in the SKY OPTIC platform are defined in the profile of each item in the platform.
(2) The price of the goods, including all taxes and fees, is determined by the SUPPLIER in the SKY OPTIC platform. The user has the opportunity to negotiate an individual price for certain goods through the supplier's interface in the platform. In such case, it is considered that this will be the price, that the consumer has to pay.
(3) The value of the postal or transport costs, which is not included in the price of the goods, is determined by the Supplier in the SKY OPTIC platform and will be provided as information to the User when concluding the purchase contract.
(4) The methods of payment, delivery and performing of the contract shall be determined in these general terms and conditions and will be provided to the User through the SKY OPTIC platform.
((5) The information provided to the Users under this Article will be displayed in the SKY OPTIC platform prior to the conclusion of the purchase contract.
(6) Users agree that all information required by the Consumer Protection Act, may be provided through the SKY OPTIC platform interface or e-mail.
Art. 15. (1) The User agrees that the suppliers in the SKY OPTIC platform are entitled to require an advance payment for the concluded contracts and their delivery.
(2) The user chooses independently whether to pay the supplier the price for delivery of the goods - on the platform, or at the moment of delivery.
(3) If the value of the Order is equal or exceeds BGN 10,000, the payment should be made only by bank account transfer.
Art. 16. (1) The consumer has the right to cancel the concluded contract within 14 days from the date of acceptance of the goods by the Supplier by filling the withdrawal form, accessible on the supplier's platform available at https://skyoptic.bg/terms-conditions in “Annex 1”. Information on exercising the right of withdrawal is available at the same address in “Annex 2” to these General Terms.
(2) The right of withdrawal under para. 1 cannot be applied in following cases:
1.If the ordered goods are custom made or according to user individual requirements. Such goods are the individual glasses (optical lenses + frame) performed by the mechanisms for individually configured order from the site;
2.for supplying of goods which may deteriorate during delivery or have a short shelf life;
3.for the supply of sealed goods that have been unpacked after delivery and cannot be returned by hygiene or health protection reasons;
4.for the supply of goods which, after being delivered are mixed with other goods from which they cannot be separated;
(3) When the supplier in the SKY OPTIC platform has not fulfilled its obligations to provide information as defined in the Consumer Protection Act, the User has the right to cancel the concluded contract within one year and 14 days from the date of receipt of the goods. When the information is provided to the consumer within the withdrawal period, such period starts from the date of the information is provided. The user has the right to make the statement of withdrawal under this article directly to the Supplier through the withdrawal form available on the Provider's website in the SKY OPTIC platform at Annex No. 1 to these General Conditions.
(4) When the User has used his / her right of withdrawal the contract from distance, Supplier shall refund all sums received by the consumer no later than 14 days from the date that was notified of the consumer's decision to withdraw the contract. The Provider refunds the received amounts only by bank transfer to an account requested by the User provided in written form.
(5) In case using the right of withdrawal, the cost of returning the delivered goods will be at the expense of the User and/or will be deducted from the amount for refund under para. 4, except cases when the User arranges the return of the goods by his / her own. The supplier has no obligation to refund additional cost for delivering the goods when the consumer has chosen a way of delivering other than the cheapest way of standard delivery.
(6) The User undertakes to store the goods received by the Supplier and to ensure the preservation of their quality and safety during the terms under para. 1.
(7) The User may use his / her right of withdrawal from the Contract with the supplier by making a written statement through the standard form available in the SKY OPTIC platform and in Annex 1 to these General Conditions.
(8) When the supplier in the SKY OPTIC platform has not offered to take the goods by arranging the transport by his own, he may hold he payment of the consumer's sums until he receives the goods or until the consumer provides proof that he has sent the goods back.
(9) In the case of the delivery of goods, which are supplied in a promotional manner together as a set (so called bundle goods), and the User use the right of withdrawal under this Article according the requirements of the Consumer Protection Act, The consumer will receive refund the corresponding reduced individual product price, taking into account the price ratio of the goods in the online shop, when not bought together (ie the ratio between the unaltered prices of the goods) in accordance with Art. 12, para. 4.
(10) Regardless the mentioned hypotheses above, the User undertakes to return the goods in the same condition, which allows their subsequent sale, unless the unpacking of the goods leads to a manifest disturbance of the commercial appearance of the goods, such as, demolished box, hermetic packaging and other similar cases. In case of a defective commercial appearance of the goods, the Supplier may refuse to accept a cancelation of the contract or charge the consumer for recovering the goods back in commercial form.
(11) In case of use their right of withdrawal under this Article, it is considered that the User also has use the right of withdrawal in respect of the bonus content belonging to the package. The value of the bonus content is not refunded to the User but has to be returned along with the goods.
(12) Upon acceptance of the goods in respect of which a right of withdrawal has been used under this Article, the Supplier shall carry out a review of the goods and may refuse to accept it if it finds that the returned goods are different from those supplied to the User.
(13) The Supplier may refuse the acceptance of goods for returning due to systematically made and canceled orders by user in short intervals which doubts to his good faith as a consumer.
(14) In addition to the right of withdrawal, the consumer is entitled to a 2-year statutory guarantee for conformity of the goods with the contract of sale guaranteed by the Consumer Protection Act.
Art. 17. (1) The terms for delivering the goods is from 2 (two) to (5) days from the receipt of the order confirmation, the term can be determined for each product individually upon conclusion of the contract through the supplier's website platform SKY OPTIC.
(2) If the supplier in the SKY OPTIC platform can not perform the contract due to lack of the goods ordered, he shall notify the consumer and refund the sums he has paid.
(3) Delivery for the territory of the Republic of Bulgaria will be executed by a courier company and the expenses will be covered by the supplier, unless other is provided in these General Conditions.
Art. 18. The supplier of the SKY OPTIC platform is obliged to comply with all the requirements established in the Bulgarian legislation on the labeling, advertising and sale of the goods.
Art. 19. (1) The user has the right to test the glasses delivered by the Supplier and to choose which of them to accept on delivery.
(2) For performing the testing under para. 1, the user has the right to order a maximum of 2 pairs of glasses per order. In case of abnormally many orders made by the User for the purpose of performing the tests under Para. 1, the supplier has the right to limit the delivery or deny the execution of all or part of the User's orders.
(3) The supplier has the right to refuse the execution of a order for an abnormally large quantity of goods.
(4) Individually configured glasses orders made through the functionality of the site will be illustrated as long as the qualities and characteristics of the goods and their components allow for the purpose of product visualization.
Art. 20. (1) Any User who has ordered products in the SKY OPTIC, on the territory of Republic of Bulgaria may take advantage of the "Test Before Pay" option and test the delivered product at the time of delivery. This feature does not apply to products that are configured on an individual customer's order.
(2) If the User pays the ordered product, it is deemed accepted and approved.
(3) If the User refuses to pay the ordered product and returns it to the courier in undamaged form, the order is deemed to have been refused and the delivered product is returned to the Supplier without any additional cost to the User.
Art. 21. (1) All transport expenses related to the delivery of the ordered products to the Users, including expenses for returning the canceled goods within the meaning of Art. 20, para. 3 are entirely on the supplier.
(3) In the case of using right of withdrawal from the contract under Art. 16, para. 1, the transport and courier expenses for the return of the goods will be for the expense of the User, arranging for himself or by his own account the returning them, these costs being deducted from the total amount to be recovered from the Supplier as indicated in Art. 16, para. 5.
VIII. IMPLEMENTATION OF THE TREATY
Art. 22. (1) The supplier may organize the delivery of the goods to the User by the respective courier in the term specified at the conclusion of the contract.
(2) If the term under para. 1 is not expressly agreed between the parties at the conclusion of the contract, the Supplier shall organize the delivery and transmission within a reasonable time.
Art. 23. (1) The user shall review the goods at it’s delivery and, if they are not eligible, shall immediately notify the supplier in the SKY OPTIC platform.
(2) If the User does not notify the supplier in the SKY OPTIC platform according to para. 1 the product is deemed to have been approved as complying with the requirements, except for hidden defects.
Art. 24. SKY OPTIC’s supplier is obliged to provide the necessary service for the goods.
Art. 25. For the cases not covered in this section, shall apply the commercial sale rules laid down in the Commercial Law and the Consumer Protection Act.
PROTECTION OF PERSONAL DATA
Art. 26. (1) The SKY OPTIC’s supplier shall take measures to protect the personal data of the User according to the Personal Data Protection Act.
(2) As from 25.05.2018, which is the starting date of application of Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and for the repeal of Directive 95/46 / EC (General Regulation on the protection of personal data), consent to the processing of personal data shall be taken by the User expressly, in written form and for every specific case.
(3) For security reasons of the User's personal data, the Provider in the SKY OPTIC platform will only send the data to an e-mail address that was provided by the Users at the moment of registration.
(4) The SKY OPTIC supplier shall have the right to store data in the terminal communication device of the User, unless in case the user explicitly disagrees with that.
(5) The User agrees that the SKY OPTIC’s platform provider is entitled to send electronic messages to the User at any time, including a newsletter or offers for the purchase of goods, while the User is registered in the Online Shop.
(6) The User agrees that the SKY OPTIC’s platform provider is entitled to collect, store, and process data on User's behavior when using the SKY OPTIC's Online Shop.
Art. 27. (1) At any time, the Provider in the SKY OPTIC’s platform shall be entitled to require the User to identify the authenticity of each of the circumstances about personal data during the registration.
(2) In the case that, for any reason, the User has forgotten or lost his / her user name or password, the SKY OPTIC’s platform provider may apply the announced "Lost or Forgotten Names and Passwords Procedure" available on the SKY OPTIC’s website.
AMENDMENT AND ACCESS TO GENERAL CONDITIONS
Art. 28. (1) These General Terms and Conditions may be changed by the SKY OPTIC Platform provider, for which he will notify all registered Users in an appropriate way.
(2) The Platform Provider and the User agree that any addition and amendment to these General Terms and Conditions will have effect against the User in one of the following cases:
1.upon its explicit notification by the Provider in the platform and if the User does not declare that he rejects them in the 14-day time limit; or
2.after publishing them on Supplier's website, and if the User does not declare to reject them within 14 days of their publication;
3.with its explicit acceptance by the User through his profile on the Supplier's site in the SKY OPTIC platform.
(3) The User agrees that all statements made by the supplier in the SKY OPTIC platform regarding changing these General Terms and Conditions will be sent to the e-mail address specified by the User at his/her registration. The User agrees that emails sent pursuant to this Article need not be signed with an electronic signature in order to have an effect on him.
Art. 29. The Provider publishes these general terms and conditions on the SKY OPTIC website, together with any additions and amendments thereto.
Art. 30. These Terms and Conditions and the User's Agreement with the Supplier in the SKY OPTIC platform can be terminated in the following cases:
- upon termination and in liquidation or bankruptcy of one of the parties to the contract;
- by mutual agreement of the parties in written form;
- in the case of impossibility to one of the parties to fulfill its obligations of the contract;
- in case of confiscation by state authorities;
- in case of cancellation of the user's registration in the SKY OPTIC platform. In this case, the concluded but not fulfilled purchase contracts are subject to execute.
Art. 31. The Provider is entitled, without giving notice and without compensation to unilaterally terminate the Contract if it finds that the User is using the SKY OPTIC platform in violation of these General Terms, against the law of the Republic of Bulgaria, the generally accepted moral norms or the generally accepted rules and practice in e-commerce.
Art. 32. The User undertakes to indemnify and free the suppliers of the SKY OPTIC and the Provider in the case of legal claims and other claims of third parties (whether reasonable or not) for all damages and costs (including attorneys' fees and legal costs ) arising out of or in connection with (1) failure to perform any of the obligations under this Agreement, (2) infringement of copyright, productions, broadcasting rights or other intellectual or industrial property rights, (3) and the rights granted to the user, the duration and conditions of the contract and (4) misreporting presence or absence of quality consumer within the meaning of the Law on Consumer Protection.
Art. 33. The Provider is not responsible in case of circumstances like incidental events, Internet problems, technical or other objective reasons, including dispositions of the competent state authorities.
Art. 34. (1) The Provider shall not be liable for damages caused by the User to third parties.
(2) The Provider shall not be liable for any pecuniary or non-pecuniary damage resulting from loss of profits or damages caused to the User in the process of using or not using SKY OPTIC and concluding contracts with the Supplier.
(3) The Supplier shall not be responsible for the time during which the platform was unavailable due some unpredictable reasons.
(4) The Provider shall not be liable for harms from comments, opinions and publications under the products, news and articles in the platform.
Art. 35. (1) The Supplier shall not be liable in case of overcoming the security measures of the technical equipment and if this results in loss of information, dissemination of information, access to information, limitation of access to information and other similar consequences.
(2) The Provider shall not be liable in case of conclusion of a contract, provision of access to information, loss or change of data occurring as a result of false legitimation of a third person presented as the User if the circumstances judges that this person is the User.
XIII. OTHER TERMS
Art. 36. (1) The user and the Provider shall be obliged to protect each other's rights and legitimate interests, as well as to protect their business secrets, which have become known to them during the performance of the contract and these general conditions.
(2) The User and the Provider undertake, during and after the expiry of the contract period, not to make public written or verbal correspondence between them. Publishing of correspondence in print and electronic media, internet forums, personal or public web sites, etc. may be considered public domain.
Art. 37. In case of a conflict between these General Terms and Arrangements in a special contract between the Provider and the User, the provisions of the special contract shall be privileged.
Art. 38. Any invalidity of the provisions of these General Terms and Conditions will not invalidate the entire contract.
Art. 39. (1) for any issues not settled in this contract, the laws of the Republic of Bulgaria shall apply to the implementation and interpretation of this Agreement.
(2) The User has the right to refer all disputes with the Supplier regarding the implementation of this Agreement to the Alternative Dispute Resolution (ODR) platform available at https://webgate.ec.europa.eu/odr/main/ ? event = main.home.show.
In case of no agreement on litigation, the parties may refer the dispute to the competent Bulgarian courts and the Consumer Protection Commission.
Art. 40. These General Terms and Conditions are updated for all Beneficiaries on 22.02.2018.
Annex 1 - Standard form for use the right of withdrawal
Standard form for use the right of withdrawal:
(fill in and submit this form only if you wish to cancel the contract)
- To Sky optic LTD , VAT 203514101 , with headquarters and address of management 1000 Sofia, 27A Al. Stamboliyski blv. :
-With this form I hereby notify / notify * for my wish to withdrawal / refuse * the contract of purchase of the following goods * / to provide the following service *
- Ordered on * / received on *
- User name (s)
- Address of the user (s)
- Signature of user (s) (only if this form is on paper)
* Unnecessary is crossed out.
Annex 2 - Information on using the right of withdrawal
Information on using the right of withdrawal
Standard denial guidelines:
1.Right of withdrawal from the contract from distance or outside the shop.
2.You have the right to withdraw from this contract, without giving any reasons, within 14 days.
3.The withdrawal period is 14 days from the date on which you or a third party other than the carrier and indicated by you have taken possession of the goods.
In order to use your right of withdrawal, you must inform us of the contact details provided to SKY OPTIC and of your decision to cancel the contract with an application (such as a letter sent by post, fax or e-mail).
You can use the standard form attached, but this is not required. You may also electronically fill in and submit the standard withdraw form or other denial request on our SKY OPTIC website. If you use this option, we will immediately send you a confirmation receipt of the refusal on your e-mail.
In order to comply with the withdrawal period, it is necessary to send us your notice about the withdrawal before the expiration of the 14 days period.
1.Effect of Refusal.
If you cancel this agreement, we will refund all payments that we have received from you, including delivery costs (excluding additional costs associated with a delivery method you choose, if is other than the standard)