General terms
General conditions of Ginger Home EOOD for using the INTERNET STORE https://www.ginger-home.bg and for making purchases of goods through it
I. SUBJECT AND LEGAL MEANING
Art. 1 (1) These General Terms and Conditions have been accepted by Ginger Home EOOD (hereinafter referred to only as "Supplier") on the basis of Art. 16 of the Law on Obligations and Contracts and Art. 298 of the Commercial Law and regulate:
• the terms of use of the website http://www.ginger-home.bg (hereinafter referred to as "Site") by the Users of the services offered by it;
• the terms, order and manner of concluding sales contracts between the Supplier and the Users of the Site;
• the rights and obligations of the Supplier and the respective Users under the purchase and sale contracts concluded between them, including the terms and methods of delivery of the ordered goods, their payment and receipt, the terms and conditions for submitting complaints and returning purchased products.
(2) The acceptance of these General Terms and Conditions by the Users of the Site is a mandatory condition for the conclusion of a sales contract between the Supplier and the relevant User and for the delivery of the ordered goods.
(3) The Supplier has the right, but is not obliged, to enter into legal relations and make deliveries to Users who have not accepted these General Terms and Conditions.
(4) The acceptance of these General Terms and Conditions by the Users is carried out by marking the field (checkbox) "I have read the General Terms and Conditions and I accept them" within the registration procedure or when placing an order by a User with the status of a "guest" on the Site and after the User has entered the personal data required by these procedures.
(5) The general conditions are published in a prominent place on the Site and are available to every visitor.
(6) The publication of goods on the Site is considered a public invitation to make a corresponding proposal to the Supplier for the conclusion of a purchase and sale contract within the meaning of Art. 290, para. 1 of the Commercial Law.
(7) Marking the field (checkbox) "I have familiarized myself with the General Terms and Conditions and I accept them" within the registration procedure or when submitting an order by a User with the status of a "guest" on the Site creates an irrefutable presumption that:
1) The user has familiarized himself with the General Terms and Conditions before accepting them and that he accepts them. By marking the field (checkbox) "I have familiarized myself with the General Terms and Conditions and I accept them", the User makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that he is familiar with these General Terms and Conditions and accepts them.
2) The User has made a proposal (offer) for the conclusion of a contract/agreements for the purchase and sale at a distance (In the event that the User has the status of "user" in the sense of the Consumer Protection Act)
II. DATA ABOUT Ginger Home Ltd
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: Ginger Home EOOD :
2. Headquarters and management address: Bulgaria, Sofia, Izgrev Municipality, 3 Rayko Alexiev Street, 1st floor
3. Address for exercising the activity and address for submitting complaints by users: Bulgaria, Sofia, Izgrev Municipality , 3 Rayko Alexiev Street, 1st floor
4. Correspondence information: Bulgaria, Sofia, Izgrev Municipality , 3 Rayko Alexiev St., 1st floor , email: office@ginger-home.bg, central office phone: 0885-840-540
5. Entry in public registers: EIK 207154309 (Commercial Register and Register of Non-Profit Legal Entities at the Registration Agency)
6. Personal data administrator certificate number: No.
7. Registration under the Value Added Tax Act No. BG 207154309.
8. Information about other means of online communication provided by the Provider, which ensure that the Users and User-users can store on a durable medium any written correspondence with the Provider, including the date and time of this correspondence: in addition to communication by e-mail, the Provider provides an opportunity for online communication with Users and User-users and through the following channels:
8.1. By sending messages through the Facebook page of the Supplier, located at the email address: https://www.facebook.com/ginger-home.bg. In the event that Users and User-users wish to use this communication channel, they can send messages to the Provider via the "Send message" button on the above-mentioned Facebook page of the Provider. In this case, the response to the message thus sent will be given by the Provider through the same communication channel - through the service of the Provider's Facebook page for the exchange of written messages.
8.2. By sending messages through the Provider's website in other social media (Instagram, Twitter, Tik-Tok, etc.), in case such a page is maintained by the Provider. In these cases, Users and User-users can send messages to the Provider through the personal messages section of its website in the relevant social media. The reply to the message sent in this way will be given by the Supplier through the same communication channel – through the service for exchanging written messages on the Supplier's website in the relevant social media.
III. SITE FEATURES
Art. 3. The Site is an electronic store, accessible at the Internet address http://www.ginger-home.bg, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered on the Site, including the following:
1. Register and create a profile to view the Site and use the additional services for providing information;
2. To submit purchase orders as "guests" on the Site, without previously creating a customer profile of the User;
3. To review the goods, their characteristics, prices and terms of delivery;
4. To enter into contracts for the purchase and sale and delivery of the goods offered by the Site;
5. To make any payments in connection with the concluded contracts with the Site, according to the electronic means of payment supported by the Site.
6. To receive information about new goods offered by the Site;
7. To make electronic statements in connection with the conclusion or execution of contracts with the Site through the interface of the Site page, available on the Internet;
8. To be notified of the rights arising from the law, primarily through the interface of the website page on the Internet.
Art. 4. The Supplier delivers the goods and guarantees the rights of the Users provided for by law, within the framework of good faith and the criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) Users make an offer for the conclusion of a contract for the purchase and sale of the goods offered by the Site through the Supplier's interface, available on its website at http://www.ginger-home.net. After acceptance of the offer by the Supplier in accordance with Art. 9, para. 8 and Art. 10, para. 1 of these General Terms and Conditions, the Agreement is considered concluded (in Bulgarian) and is stored in the Supplier's database.
(2) By virtue of the contract concluded with the Users for the purchase and sale of goods, the Supplier undertakes to deliver and transfer ownership of the goods specified by him through the interface to the User.
(3) Users have the right to correct errors when entering information no later than submitting their proposal for concluding the contract with the Supplier (Sending the order according to Article 9, Paragraph 7 of these General Terms and Conditions). The provider provides appropriate, effective and affordable means to identify and correct errors in the entry of information before the statement of the conclusion of the contract is made, as follows: The possibility is provided to: remove an item in the shopping basket; adding items to the shopping cart; increase or decrease the ordered quantity of a particular item; changing the delivery address or the selected payment method.
(4) Users shall pay the Supplier remuneration for the delivered goods in accordance with the conditions set on the Site and these general terms and conditions. The remuneration is in the amount of the price announced by the Provider at the address of the Website on the Internet, provided that the Provider has confirmed the User's order under the conditions of Art. 9, para. 8 in connection with Art. 10 of these General Terms and Conditions.
(5) The supplier has the right to unilaterally change the prices indicated on the Site, and the price change is valid only for contracts concluded after its announcement on the Site.
(6) In the event that the value of the User's order is equal to or exceeds BGN 5,000, payment shall be made only by transfer or payment to the Supplier's payment account.
(7) The prices under para. 4 do not include the transport costs of the delivery, which are charged and paid by the User in addition to the stated prices.
(8) The costs for the delivery of the ordered goods to an address on the territory of the Republic of Bulgaria are as follows:
For orders worth up to BGN 150.00, delivery for the whole of Bulgaria is BGN 20.00.
For orders over BGN 150.00, delivery is FREE
(9) The Supplier delivers the goods requested by the Users within the terms and under the conditions set by him on the Site page and in accordance with these General Terms and Conditions.
(10) The public invitation sent by the Supplier through the Site pursuant to Art. 290, para. 1 of the T&C is valid until the quantities of the respective goods are exhausted. The maximum quantity allowed to be ordered online of one item is 3 pieces.
Art. 6. (1) The User and the Supplier agree that all statements between them in connection with the conclusion and execution of the sales contract can be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site were made by the persons indicated in the data provided by the User during registration, if the User has entered the corresponding name and password for access.
(3) Incapacitated persons are not entitled to make electronic statements through the site. In accordance with the established (and only possible) practice worldwide, the verification of the age of the Users is carried out through a corresponding electronic statement from them, within the process of exchanging electronic statements through the site.
(4) The supplier is not responsible in the event that electronic statements are sent to him by a person who is not the holder of the relevant name and password, but has used the same. The responsibility for keeping the secret of the respective name and password rests with their holder.
(5) The supplier is not responsible in cases of electronic statements sent to him by an incapacitated person. The responsibility for limiting and regulating the access of minors to the site rests entirely with their parents, guardians and custodians.
IV. REGISTRATION TO USE THE SITE. CLIENT STATUS OF "GUEST" ON THE SITE
Art. 7. (1) In order to use the Site for concluding contracts for the purchase and sale of goods, the User should enter a name and password chosen by him for remote access.
(2) The site also provides an opportunity for placing orders by Users with "guest" status, where no customer profile, name and password are generated for the User.
(3) The name and password for remote access are determined by the User, by performing an online registration on the Site, in accordance with the procedure specified therein. The status of a registered User enables the use of discounts for the reached turnover of purchases - as specified in Art. 5, para. 5 of these General Terms and Conditions.
(4) By filling in his data and pressing the button "I have read the General Terms and Conditions and accept them" (within the procedure for registering a customer profile or placing an order by a User with the status of a "guest" on the Site), the User declares, that he is familiar with these general conditions, agrees with their content and undertakes to abide by them unconditionally.
(5) The Provider confirms the User's registration by sending a letter to the email address specified by the User. An account of the User is created and contractual relations arise between him and the Provider.
(6) When registering, the User undertakes to provide correct and up-to-date data. The user undertakes to promptly update the data specified in his registration in the event of a change.
V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE-SALE AGREEMENT
Art. 8. Users primarily use the interface of the Provider's page to conclude contracts for the purchase and sale of goods offered by the Provider on the Site.
Art. 9. Users conclude the purchase and sale contract with the Supplier according to the following procedure:
(1) Registering on the Site and providing the necessary data if the User has not yet registered on the Site (orders from Users with a registered customer account) or submitting a purchase order from a person with the status of a "guest" on the Site (orders by Users with the status of "guests" on the Site).
(2) Entering the system for placing orders on the Site by identifying with a name and password, respectively, by using the procedure for placing orders by Users with the status of "guests" on the Site;
(3) Selecting one or more of the goods offered on the Site and adding them to a list of goods for purchase.
(4) Selection of goods from the list of goods for purchase, for which a sales contract will be concluded.
(5) Providing data for making the delivery;
(6) Choice of method and moment of payment of the price.
(7) Confirmation of the order, which has the legal meaning of an offer from the User to the Supplier.
(8) Acceptance of the User's offer through an explicit electronic statement of the Supplier, containing the number of the order submitted by the User and the number of the bill of lading for sending the relevant goods to the address specified by the User. For the avoidance of doubt, by accepting these General Terms and Conditions, Users agree that the Supplier has the right to refuse confirmation of the order and the delivery of the relevant goods in the following cases:
1. The relevant goods ordered by the Users are not available at the Supplier at the time of the processing of the relevant order by the Supplier or were intended for delivery under previously processed orders;
2. As a result of an error when entering information on the Site, a technical problem or an unauthorized intervention in the Supplier's information system, the price at which the relevant order was made is lower than the market prices for goods of the same or similar type by more than 30 (thirty) per cent and/or is substantially inconsistent with the general parameters for discounts on goods or for promotional conditions of sale announced on the Site.
VI. CONCLUSION, CONTENT AND STORAGE OF AGREEMENT
Art. 10. (1) The purchase and sale contract between the Supplier and the User is considered concluded at the moment when the Supplier confirms the User's order via electronic message to the User, indicating in the confirmation the number of the order and the number of the bill of lading for sending the relevant goods to the specified from the User address. The confirmation of the order is sent to the email address specified by the User when registering as a customer, respectively - when submitting the order. The confirmation of the order by indicating the number of the bill of lading for sending the relevant goods has the legal meaning of acceptance of the offer made by the User according to Art. 290 of the Commercial Law.
(2) The concluded sales contracts are stored in the Supplier's database. At the User's request, the Supplier provides the concluded sales contract to the email address specified during the User's registration. The specific parameters of each purchase order submitted to the Supplier are available from the User's customer account, and in the case of orders from Users with "guest" status on the Site) the same are indicated in the order confirmation.
(3) It is considered that the Supplier and the Users conclude separate contracts for the purchase and sale of each individual goods requested by the Users, regardless of whether the goods are selected with one electronic statement and from one list of goods for purchase.
(4) The supplier may deliver together and at the same time the goods ordered with the separate sales contracts.
(5) The rights of the Users in relation to the delivered goods are exercised separately for each purchase and sale contract. The exercise of rights in relation to a delivered good does not affect and has no effect in relation to the contracts for the purchase and sale of the other goods. In the event that the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract for the purchase and sale of certain goods does not affect the contracts for the purchase and sale of the other goods delivered to the user.
Art. 11. When exercising the rights under the sales contract, the User is obliged to specify precisely and unequivocally the contract and the goods in respect of which he exercises the rights.
Art. 12. (1) The user can pay the price for the individual sales contracts at once when placing the order for the goods (in advance) or upon their delivery.
(2) Advance payment can be made through the following international bank cards: VISA (Visa Consumer Card or Visa Commercial Card), Visa Electron, VPay, MasterCard (MasterCard Credit Card, MasterCard Commercial Card or MasterCard Debit Card) with settlement in Bulgaria and international cards VISA (Visa Consumer Card or Visa Commercial Card), Visa Electron, VPay, Maestro, MasterCard (MasterCard Credit Card, MasterCard Commercial Card or MasterCard Debit Card) with settlement abroad, as well as through bank cards bearing the trademark of the national operator BORICA, Maestro cards with settlement in Bulgaria.
(3) In the event that the User has chosen to pay for the goods upon receipt, the payment is made at the time of delivery by the courier company "Speedy" AD, Econt or "Europot 2000" AD depending on which of the three companies we are with decided to send you the goods by cash on delivery and includes the price of the goods and (as far as they are applicable), the transport costs under Art. 5, para. 9 of these General Terms and Conditions.
(4) In the event that the User has chosen to pay for the goods upon their receipt, but the Supplier has chosen to send the goods through a third party, the payment shall be made at the time of delivery by the courier company Speedy AD, Econt or "Europot 2000" AD in depending on which of the three companies we have decided to send you the goods with, through the Postal Money Transfer (PPP) service and includes the price of the goods and (as far as they are applicable), the transport costs under Art. 5, para. 9 of these General Terms and Conditions.
(5) The ordered goods can only be received by the following persons, provided that the relevant person is of legal age:
- the buyer – respectively individualized according to the data from the customer account or the relevant purchase order;
- a person authorized by the buyer to receive the goods with the order itself;
- a person who is expressly authorized by the buyer to receive the goods with a proper written power of attorney;
- a person who expressly confirmed the authenticity and identity of the ordered goods and agreed to pay for them in cash on behalf of the buyer.
(6) In the event that a person under para. is not found at the address specified in the order. 5 within the delivery deadline or if access and conditions for delivery of the goods are not provided within this period, the Supplier shall be released from its obligation to deliver the goods subject to the purchase order.
(7) In the event that the User confirms his desire to receive the ordered goods and after the expiration of the delivery period, in which he was not found at the address, he shall bear the costs of the additional delivery at his own expense. The costs for the second delivery are paid upon receipt of the goods, together with the total amount for the order and the first delivery.
(8) When accepting the goods, the person under para. 5 signs a document certifying receipt of the delivery.
VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE QUALITY OF USERS
Art. 13. The rules of this Section VII of these General Terms and Conditions apply only to Users for whom, according to the data specified for the conclusion of the sales contract or during registration on the Site, it can be concluded that they are users within the meaning of the Law for consumer protection, the Act on the Provision of Digital Content, Digital Services and the Sale of Goods, the Electronic Commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on consumer protection under relation to distance contracts. (Hereinafter referred to as “Users-Users”)
Art. 14. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each good on the Site.
(2) The price of the goods including all taxes and fees is determined by the Supplier in the profile of each good on the Site.
(3) For orders with a delivery address within Bulgaria, the value of the transport costs, not included in the price of the goods, is as follows
For orders worth up to BGN 150.00, delivery for the whole of Bulgaria is BGN 20.00.
For orders over BGN 150.00, delivery is FREE
(4) The methods of payment, delivery and execution of the contract are defined in the present general conditions and the information provided to the User-user through the Site.
(6) The information provided to the Users-consumers under this article is current at the time of its visualization on the Site before the conclusion of the purchase-sale contract.
Art. 15. (1) The user-consumer agrees that the Supplier has the right to accept advance payment for the contracts concluded with the user for the purchase and sale of goods and their delivery.
(2) The User-consumer chooses independently whether to pay the Supplier the price of the goods before or at the time of their delivery. Advance payment can be made using the following international bank cards: VISA (Visa Consumer Card or Visa Commercial Card), Visa Electron, VPay, MasterCard (MasterCard Credit Card, MasterCard Commercial Card or MasterCard Debit Card) with settlement in Bulgaria and international VISA cards (Visa Consumer Card or Visa Commercial Card), Visa Electron, VPay, Maestro, MasterCard (MasterCard Credit Card, MasterCard Commercial Card or MasterCard Debit Card) with settlement abroad, as well as through bank cards bearing the trademark of the national operator BORICA, Maestro cards with settlement in Bulgaria.
Art. 16. (1) The user-consumer has the right to withdraw from the distance contract or the off-premises contract without giving a reason, without paying compensation or penalty and without paying any costs, with the exception of costs, provided for in art. 54, para. 3 and Art. 55 of the Consumer Protection Act, within 14 days from the date of:
1. conclusion of the contract - in the case of a service contract;
2. acceptance of the goods by the consumer or by a third party other than the carrier and indicated by the consumer - in the case of a sales contract, or:
a) when the consumer has ordered many goods with one order, which are delivered separately, starting from the date on which the consumer or a third party, other than the carrier and indicated by the consumer, accepts the last good;
b) upon delivery of goods that consist of multiple batches or parts, starting from the date on which the consumer or a third party, other than the carrier and indicated by the consumer, accepts the last batch or part;
c) in contracts for regular delivery of goods, which takes place during a certain period of time, starting from the date on which the consumer or a third party, other than the carrier and indicated by the consumer, accepts the first commodity;
To these General Terms and Conditions, as Appendix No. 1, are attached Standard Instructions for exercising the right of refusal, according to Art. 47, para. 4 of the PPE.
(2) The right of refusal under para. 1 does not apply in the following cases:
1. for the delivery of goods or services, the price of which depends on the fluctuations of the financial market, which cannot be controlled by the merchant and which may occur during the period for exercising the right of refusal;
2. for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
3. for the delivery of sealed goods that have been unsealed after their delivery and cannot be returned for hygiene or health protection reasons;
4. for the delivery of goods which, after being delivered and due to their nature, have mixed with other goods from which they cannot be separated;
5. for the delivery of sealed audio or video recordings or sealed computer software that have been unsealed after delivery;
6. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications;
(3) When the Supplier has not provided the User-consumer with the information required by law about his right to withdraw from the contract, the User-consumer has the right to withdraw from the contract within a period of one year and 14 days, starting from the date under para. 1 of this article. When the Supplier provides the User-consumer with the information about the right of refusal within one year from the date under para. 1 of this article, the User-consumer has the right to withdraw from the contract within 14 days from the date of receipt of the legally required information about his right to withdraw from the contract.
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(4) When the user wishes to withdraw from the distance contract, he informs the Supplier of his decision before the expiry of the period under para. 1 of this article. In these cases, the Provider is obliged to immediately send the User-user a confirmation of receipt of his refusal on a durable medium. In order to exercise his right of withdrawal, the User-User may use the standard withdrawal form according to Annex No. 2 to these General Terms and Conditions or state unequivocally in another way his decision to withdraw from the contract. The user-consumer has exercised his right to withdraw from the contract if he has sent a message to the Supplier to exercise his right to withdraw before the expiry of the period under para. 1 of this article.
(5) When the User-consumer has exercised his right to withdraw from the distance contract, the Supplier shall refund all sums received from the User-consumer, including delivery costs, without undue delay and no later than 14 days from the date of which was notified of the decision to withdraw from the contract.
If the User-consumer exercises the right to withdraw from the contract, the following rules also apply:
1. The Provider is obliged to refund the amounts received using the same means of payment used by the User-consumer in the initial transaction, unless the User-consumer has expressed his express consent to use another means of payment and provided that this is not related to expenses for him.
2. The Supplier has no obligation to reimburse the additional costs of delivery of the goods when the User-consumer has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.
3. The Supplier shall be entitled to withhold payment of amounts to the User-Consumer until it has received the goods or until the User-User has provided proof that it has sent the goods back, whichever is earlier.
4. The User-consumer must send or hand over the goods back to the Supplier or a person authorized by him without undue delay and no later than 14 days from the date on which the User-consumer notified the Supplier of his decision to refuse the contract. The deadline is considered to be met if the User-consumer sends or hands over the goods back to the Supplier before the expiry of the 14-day period.
5. The user-consumer must send or hand over the goods back to the Supplier or to a person authorized by him in good commercial condition, namely - preserved original packaging, consumables and accessories, in case there were any. The goods must not be scratched, used, used, torn, washed, ironed.
6. If the right to withdraw from the contract is exercised, the User-user pays only the direct costs of returning the goods.
7. The user-user is only responsible for the reduced value of the goods caused by testing them other than what is necessary to establish their nature, characteristics and good functioning.
8. In the event that the User-consumer is responsible for the reduced value of the goods in the hypotheses under item 5 and item 7 above, the Supplier has the right to withhold a corresponding amount from the payment to the User-consumer. In these cases, a protocol is drawn up between the Supplier and the relevant courier company, which certifies the condition of the goods upon their receipt by the Supplier.
(6) The user-consumer undertakes to store the goods received from the Supplier, their quality and safety during the period under para. 5.
Art. 17. (1) The Supplier is obliged to provide the User-consumer with goods that meet the individual requirements for compliance with the contract, the objective requirements for compliance and the requirements regarding the lack of compliance due to incorrect assembly or installation of the goods, insofar as are also applicable subject to the compliance requirements under Art. 27, Art. 28 and Art. 29 of the Act on the provision of digital content, digital services and the sale of goods.
(2) The supplier is liable for any non-conformity of the goods which exists at the time of delivery of the goods and which appears within two years from that moment.
(3) Any non-conformity which appears within one year after the delivery of the goods shall be deemed to have existed at the time of delivery, unless the contrary is proved, or if such presumption is inconsistent with the nature of the goods or the nature of the non-conformity.
(4) When the goods do not meet the individual requirements for compliance with the contract, the objective requirements for compliance
I. SUBJECT AND LEGAL MEANING
Art. 1 (1) These General Terms and Conditions have been accepted by Ginger Home EOOD (hereinafter referred to only as "Supplier") on the basis of Art. 16 of the Law on Obligations and Contracts and Art. 298 of the Commercial Law and regulate:
• the terms of use of the website http://www.ginger-home.bg (hereinafter referred to as "Site") by the Users of the services offered by it;
• the terms, order and manner of concluding sales contracts between the Supplier and the Users of the Site;
• the rights and obligations of the Supplier and the respective Users under the purchase and sale contracts concluded between them, including the terms and methods of delivery of the ordered goods, their payment and receipt, the terms and conditions for submitting complaints and returning purchased products.
(2) The acceptance of these General Terms and Conditions by the Users of the Site is a mandatory condition for the conclusion of a sales contract between the Supplier and the relevant User and for the delivery of the ordered goods.
(3) The Supplier has the right, but is not obliged, to enter into legal relations and make deliveries to Users who have not accepted these General Terms and Conditions.
(4) The acceptance of these General Terms and Conditions by the Users is carried out by marking the field (checkbox) "I have read the General Terms and Conditions and I accept them" within the registration procedure or when placing an order by a User with the status of a "guest" on the Site and after the User has entered the personal data required by these procedures.
(5) The general conditions are published in a prominent place on the Site and are available to every visitor.
(6) The publication of goods on the Site is considered a public invitation to make a corresponding proposal to the Supplier for the conclusion of a purchase and sale contract within the meaning of Art. 290, para. 1 of the Commercial Law.
(7) Marking the field (checkbox) "I have familiarized myself with the General Terms and Conditions and I accept them" within the registration procedure or when submitting an order by a User with the status of a "guest" on the Site creates an irrefutable presumption that:
1) The user has familiarized himself with the General Terms and Conditions before accepting them and that he accepts them. By marking the field (checkbox) "I have familiarized myself with the General Terms and Conditions and I accept them", the User makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that he is familiar with these General Terms and Conditions and accepts them.
2) The User has made a proposal (offer) for the conclusion of a contract/agreements for the purchase and sale at a distance (In the event that the User has the status of "user" in the sense of the Consumer Protection Act)
II. DATA ABOUT Ginger Home Ltd
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: Ginger Home EOOD :
2. Headquarters and management address: Bulgaria, Sofia, Izgrev Municipality, 3 Rayko Alexiev Street, 1st floor
3. Address for exercising the activity and address for submitting complaints by users: Bulgaria, Sofia, Izgrev Municipality , 3 Rayko Alexiev Street, 1st floor
4. Correspondence information: Bulgaria, Sofia, Izgrev Municipality , 3 Rayko Alexiev St., 1st floor , email: office@ginger-home.bg, central office phone: 0885-840-540
5. Entry in public registers: EIK 207154309 (Commercial Register and Register of Non-Profit Legal Entities at the Registration Agency)
6. Personal data administrator certificate number: No.
7. Registration under the Value Added Tax Act No. BG 207154309.
8. Information about other means of online communication provided by the Provider, which ensure that the Users and User-users can store on a durable medium any written correspondence with the Provider, including the date and time of this correspondence: in addition to communication by e-mail, the Provider provides an opportunity for online communication with Users and User-users and through the following channels:
8.1. By sending messages through the Facebook page of the Supplier, located at the email address: https://www.facebook.com/ginger-home.bg. In the event that Users and User-users wish to use this communication channel, they can send messages to the Provider via the "Send message" button on the above-mentioned Facebook page of the Provider. In this case, the response to the message thus sent will be given by the Provider through the same communication channel - through the service of the Provider's Facebook page for the exchange of written messages.
8.2. By sending messages through the Provider's website in other social media (Instagram, Twitter, Tik-Tok, etc.), in case such a page is maintained by the Provider. In these cases, Users and User-users can send messages to the Provider through the personal messages section of its website in the relevant social media. The reply to the message sent in this way will be given by the Supplier through the same communication channel – through the service for exchanging written messages on the Supplier's website in the relevant social media.
III. SITE FEATURES
Art. 3. The Site is an electronic store, accessible at the Internet address http://www.ginger-home.bg, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered on the Site, including the following:
1. Register and create a profile to view the Site and use the additional services for providing information;
2. To submit purchase orders as "guests" on the Site, without previously creating a customer profile of the User;
3. To review the goods, their characteristics, prices and terms of delivery;
4. To enter into contracts for the purchase and sale and delivery of the goods offered by the Site;
5. To make any payments in connection with the concluded contracts with the Site, according to the electronic means of payment supported by the Site.
6. To receive information about new goods offered by the Site;
7. To make electronic statements in connection with the conclusion or execution of contracts with the Site through the interface of the Site page, available on the Internet;
8. To be notified of the rights arising from the law, primarily through the interface of the website page on the Internet.
Art. 4. The Supplier delivers the goods and guarantees the rights of the Users provided for by law, within the framework of good faith and the criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) Users make an offer for the conclusion of a contract for the purchase and sale of the goods offered by the Site through the Supplier's interface, available on its website at http://www.ginger-home.net. After acceptance of the offer by the Supplier in accordance with Art. 9, para. 8 and Art. 10, para. 1 of these General Terms and Conditions, the Agreement is considered concluded (in Bulgarian) and is stored in the Supplier's database.
(2) By virtue of the contract concluded with the Users for the purchase and sale of goods, the Supplier undertakes to deliver and transfer ownership of the goods specified by him through the interface to the User.
(3) Users have the right to correct errors when entering information no later than submitting their proposal for concluding the contract with the Supplier (Sending the order according to Article 9, Paragraph 7 of these General Terms and Conditions). The provider provides appropriate, effective and affordable means to identify and correct errors in the entry of information before the statement of the conclusion of the contract is made, as follows: The possibility is provided to: remove an item in the shopping basket; adding items to the shopping cart; increase or decrease the ordered quantity of a particular item; changing the delivery address or the selected payment method.
(4) Users shall pay the Supplier remuneration for the delivered goods in accordance with the conditions set on the Site and these general terms and conditions. The remuneration is in the amount of the price announced by the Provider at the address of the Website on the Internet, provided that the Provider has confirmed the User's order under the conditions of Art. 9, para. 8 in connection with Art. 10 of these General Terms and Conditions.
(5) The supplier has the right to unilaterally change the prices indicated on the Site, and the price change is valid only for contracts concluded after its announcement on the Site.
(6) In the event that the value of the User's order is equal to or exceeds BGN 5,000, payment shall be made only by transfer or payment to the Supplier's payment account.
(7) The prices under para. 4 do not include the transport costs of the delivery, which are charged and paid by the User in addition to the stated prices.
(8) The costs for the delivery of the ordered goods to an address on the territory of the Republic of Bulgaria are as follows:
For orders worth up to BGN 150.00, delivery for the whole of Bulgaria is BGN 20.00.
For orders over BGN 150.00, delivery is FREE
(9) The Supplier delivers the goods requested by the Users within the terms and under the conditions set by him on the Site page and in accordance with these General Terms and Conditions.
(10) The public invitation sent by the Supplier through the Site pursuant to Art. 290, para. 1 of the T&C is valid until the quantities of the respective goods are exhausted. The maximum quantity allowed to be ordered online of one item is 3 pieces.
Art. 6. (1) The User and the Supplier agree that all statements between them in connection with the conclusion and execution of the sales contract can be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site were made by the persons indicated in the data provided by the User during registration, if the User has entered the corresponding name and password for access.
(3) Incapacitated persons are not entitled to make electronic statements through the site. In accordance with the established (and only possible) practice worldwide, the verification of the age of the Users is carried out through a corresponding electronic statement from them, within the process of exchanging electronic statements through the site.
(4) The supplier is not responsible in the event that electronic statements are sent to him by a person who is not the holder of the relevant name and password, but has used the same. The responsibility for keeping the secret of the respective name and password rests with their holder.
(5) The supplier is not responsible in cases of electronic statements sent to him by an incapacitated person. The responsibility for limiting and regulating the access of minors to the site rests entirely with their parents, guardians and custodians.
IV. REGISTRATION TO USE THE SITE. CLIENT STATUS OF "GUEST" ON THE SITE
Art. 7. (1) In order to use the Site for concluding contracts for the purchase and sale of goods, the User should enter a name and password chosen by him for remote access.
(2) The site also provides an opportunity for placing orders by Users with "guest" status, where no customer profile, name and password are generated for the User.
(3) The name and password for remote access are determined by the User, by performing an online registration on the Site, in accordance with the procedure specified therein. The status of a registered User enables the use of discounts for the reached turnover of purchases - as specified in Art. 5, para. 5 of these General Terms and Conditions.
(4) By filling in his data and pressing the button "I have read the General Terms and Conditions and accept them" (within the procedure for registering a customer profile or placing an order by a User with the status of a "guest" on the Site), the User declares, that he is familiar with these general conditions, agrees with their content and undertakes to abide by them unconditionally.
(5) The Provider confirms the User's registration by sending a letter to the email address specified by the User. An account of the User is created and contractual relations arise between him and the Provider.
(6) When registering, the User undertakes to provide correct and up-to-date data. The user undertakes to promptly update the data specified in his registration in the event of a change.
V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE-SALE AGREEMENT
Art. 8. Users primarily use the interface of the Provider's page to conclude contracts for the purchase and sale of goods offered by the Provider on the Site.
Art. 9. Users conclude the purchase and sale contract with the Supplier according to the following procedure:
(1) Registering on the Site and providing the necessary data if the User has not yet registered on the Site (orders from Users with a registered customer account) or submitting a purchase order from a person with the status of a "guest" on the Site (orders by Users with the status of "guests" on the Site).
(2) Entering the system for placing orders on the Site by identifying with a name and password, respectively, by using the procedure for placing orders by Users with the status of "guests" on the Site;
(3) Selecting one or more of the goods offered on the Site and adding them to a list of goods for purchase.
(4) Selection of goods from the list of goods for purchase, for which a sales contract will be concluded.
(5) Providing data for making the delivery;
(6) Choice of method and moment of payment of the price.
(7) Confirmation of the order, which has the legal meaning of an offer from the User to the Supplier.
(8) Acceptance of the User's offer through an explicit electronic statement of the Supplier, containing the number of the order submitted by the User and the number of the bill of lading for sending the relevant goods to the address specified by the User. For the avoidance of doubt, by accepting these General Terms and Conditions, Users agree that the Supplier has the right to refuse confirmation of the order and the delivery of the relevant goods in the following cases:
1. The relevant goods ordered by the Users are not available at the Supplier at the time of the processing of the relevant order by the Supplier or were intended for delivery under previously processed orders;
2. As a result of an error when entering information on the Site, a technical problem or an unauthorized intervention in the Supplier's information system, the price at which the relevant order was made is lower than the market prices for goods of the same or similar type by more than 30 (thirty) per cent and/or is substantially inconsistent with the general parameters for discounts on goods or for promotional conditions of sale announced on the Site.
VI. CONCLUSION, CONTENT AND STORAGE OF AGREEMENT
Art. 10. (1) The purchase and sale contract between the Supplier and the User is considered concluded at the moment when the Supplier confirms the User's order via electronic message to the User, indicating in the confirmation the number of the order and the number of the bill of lading for sending the relevant goods to the specified from the User address. The confirmation of the order is sent to the email address specified by the User when registering as a customer, respectively - when submitting the order. The confirmation of the order by indicating the number of the bill of lading for sending the relevant goods has the legal meaning of acceptance of the offer made by the User according to Art. 290 of the Commercial Law.
(2) The concluded sales contracts are stored in the Supplier's database. At the User's request, the Supplier provides the concluded sales contract to the email address specified during the User's registration. The specific parameters of each purchase order submitted to the Supplier are available from the User's customer account, and in the case of orders from Users with "guest" status on the Site) the same are indicated in the order confirmation.
(3) It is considered that the Supplier and the Users conclude separate contracts for the purchase and sale of each individual goods requested by the Users, regardless of whether the goods are selected with one electronic statement and from one list of goods for purchase.
(4) The supplier may deliver together and at the same time the goods ordered with the separate sales contracts.
(5) The rights of the Users in relation to the delivered goods are exercised separately for each purchase and sale contract. The exercise of rights in relation to a delivered good does not affect and has no effect in relation to the contracts for the purchase and sale of the other goods. In the event that the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract for the purchase and sale of certain goods does not affect the contracts for the purchase and sale of the other goods delivered to the user.
Art. 11. When exercising the rights under the sales contract, the User is obliged to specify precisely and unequivocally the contract and the goods in respect of which he exercises the rights.
Art. 12. (1) The user can pay the price for the individual sales contracts at once when placing the order for the goods (in advance) or upon their delivery.
(2) Advance payment can be made through the following international bank cards: VISA (Visa Consumer Card or Visa Commercial Card), Visa Electron, VPay, MasterCard (MasterCard Credit Card, MasterCard Commercial Card or MasterCard Debit Card) with settlement in Bulgaria and international cards VISA (Visa Consumer Card or Visa Commercial Card), Visa Electron, VPay, Maestro, MasterCard (MasterCard Credit Card, MasterCard Commercial Card or MasterCard Debit Card) with settlement abroad, as well as through bank cards bearing the trademark of the national operator BORICA, Maestro cards with settlement in Bulgaria.
(3) In the event that the User has chosen to pay for the goods upon receipt, the payment is made at the time of delivery by the courier company "Speedy" AD, Econt or "Europot 2000" AD depending on which of the three companies we are with decided to send you the goods by cash on delivery and includes the price of the goods and (as far as they are applicable), the transport costs under Art. 5, para. 9 of these General Terms and Conditions.
(4) In the event that the User has chosen to pay for the goods upon their receipt, but the Supplier has chosen to send the goods through a third party, the payment shall be made at the time of delivery by the courier company Speedy AD, Econt or "Europot 2000" AD in depending on which of the three companies we have decided to send you the goods with, through the Postal Money Transfer (PPP) service and includes the price of the goods and (as far as they are applicable), the transport costs under Art. 5, para. 9 of these General Terms and Conditions.
(5) The ordered goods can only be received by the following persons, provided that the relevant person is of legal age:
- the buyer – respectively individualized according to the data from the customer account or the relevant purchase order;
- a person authorized by the buyer to receive the goods with the order itself;
- a person who is expressly authorized by the buyer to receive the goods with a proper written power of attorney;
- a person who expressly confirmed the authenticity and identity of the ordered goods and agreed to pay for them in cash on behalf of the buyer.
(6) In the event that a person under para. is not found at the address specified in the order. 5 within the delivery deadline or if access and conditions for delivery of the goods are not provided within this period, the Supplier shall be released from its obligation to deliver the goods subject to the purchase order.
(7) In the event that the User confirms his desire to receive the ordered goods and after the expiration of the delivery period, in which he was not found at the address, he shall bear the costs of the additional delivery at his own expense. The costs for the second delivery are paid upon receipt of the goods, together with the total amount for the order and the first delivery.
(8) When accepting the goods, the person under para. 5 signs a document certifying receipt of the delivery.
VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE QUALITY OF USERS
Art. 13. The rules of this Section VII of these General Terms and Conditions apply only to Users for whom, according to the data specified for the conclusion of the sales contract or during registration on the Site, it can be concluded that they are users within the meaning of the Law for consumer protection, the Act on the Provision of Digital Content, Digital Services and the Sale of Goods, the Electronic Commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on consumer protection under relation to distance contracts. (Hereinafter referred to as “Users-Users”)
Art. 14. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each good on the Site.
(2) The price of the goods including all taxes and fees is determined by the Supplier in the profile of each good on the Site.
(3) For orders with a delivery address within Bulgaria, the value of the transport costs, not included in the price of the goods, is as follows
For orders worth up to BGN 150.00, delivery for the whole of Bulgaria is BGN 20.00.
For orders over BGN 150.00, delivery is FREE
(4) The methods of payment, delivery and execution of the contract are defined in the present general conditions and the information provided to the User-user through the Site.
(6) The information provided to the Users-consumers under this article is current at the time of its visualization on the Site before the conclusion of the purchase-sale contract.
Art. 15. (1) The user-consumer agrees that the Supplier has the right to accept advance payment for the contracts concluded with the user for the purchase and sale of goods and their delivery.
(2) The User-consumer chooses independently whether to pay the Supplier the price of the goods before or at the time of their delivery. Advance payment can be made using the following international bank cards: VISA (Visa Consumer Card or Visa Commercial Card), Visa Electron, VPay, MasterCard (MasterCard Credit Card, MasterCard Commercial Card or MasterCard Debit Card) with settlement in Bulgaria and international VISA cards (Visa Consumer Card or Visa Commercial Card), Visa Electron, VPay, Maestro, MasterCard (MasterCard Credit Card, MasterCard Commercial Card or MasterCard Debit Card) with settlement abroad, as well as through bank cards bearing the trademark of the national operator BORICA, Maestro cards with settlement in Bulgaria.
Art. 16. (1) The user-consumer has the right to withdraw from the distance contract or the off-premises contract without giving a reason, without paying compensation or penalty and without paying any costs, with the exception of costs, provided for in art. 54, para. 3 and Art. 55 of the Consumer Protection Act, within 14 days from the date of:
1. conclusion of the contract - in the case of a service contract;
2. acceptance of the goods by the consumer or by a third party other than the carrier and indicated by the consumer - in the case of a sales contract, or:
a) when the consumer has ordered many goods with one order, which are delivered separately, starting from the date on which the consumer or a third party, other than the carrier and indicated by the consumer, accepts the last good;
b) upon delivery of goods that consist of multiple batches or parts, starting from the date on which the consumer or a third party, other than the carrier and indicated by the consumer, accepts the last batch or part;
c) in contracts for regular delivery of goods, which takes place during a certain period of time, starting from the date on which the consumer or a third party, other than the carrier and indicated by the consumer, accepts the first commodity;
To these General Terms and Conditions, as Appendix No. 1, are attached Standard Instructions for exercising the right of refusal, according to Art. 47, para. 4 of the PPE.
(2) The right of refusal under para. 1 does not apply in the following cases:
1. for the delivery of goods or services, the price of which depends on the fluctuations of the financial market, which cannot be controlled by the merchant and which may occur during the period for exercising the right of refusal;
2. for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
3. for the delivery of sealed goods that have been unsealed after their delivery and cannot be returned for hygiene or health protection reasons;
4. for the delivery of goods which, after being delivered and due to their nature, have mixed with other goods from which they cannot be separated;
5. for the delivery of sealed audio or video recordings or sealed computer software that have been unsealed after delivery;
6. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications;
(3) When the Supplier has not provided the User-consumer with the information required by law about his right to withdraw from the contract, the User-consumer has the right to withdraw from the contract within a period of one year and 14 days, starting from the date under para. 1 of this article. When the Supplier provides the User-consumer with the information about the right of refusal within one year from the date under para. 1 of this article, the User-consumer has the right to withdraw from the contract within 14 days from the date of receipt of the legally required information about his right to withdraw from the contract.
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(4) When the user wishes to withdraw from the distance contract, he informs the Supplier of his decision before the expiry of the period under para. 1 of this article. In these cases, the Provider is obliged to immediately send the User-user a confirmation of receipt of his refusal on a durable medium. In order to exercise his right of withdrawal, the User-User may use the standard withdrawal form according to Annex No. 2 to these General Terms and Conditions or state unequivocally in another way his decision to withdraw from the contract. The user-consumer has exercised his right to withdraw from the contract if he has sent a message to the Supplier to exercise his right to withdraw before the expiry of the period under para. 1 of this article.
(5) When the User-consumer has exercised his right to withdraw from the distance contract, the Supplier shall refund all sums received from the User-consumer, including delivery costs, without undue delay and no later than 14 days from the date of which was notified of the decision to withdraw from the contract.
If the User-consumer exercises the right to withdraw from the contract, the following rules also apply:
1. The Provider is obliged to refund the amounts received using the same means of payment used by the User-consumer in the initial transaction, unless the User-consumer has expressed his express consent to use another means of payment and provided that this is not related to expenses for him.
2. The Supplier has no obligation to reimburse the additional costs of delivery of the goods when the User-consumer has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.
3. The Supplier shall be entitled to withhold payment of amounts to the User-Consumer until it has received the goods or until the User-User has provided proof that it has sent the goods back, whichever is earlier.
4. The User-consumer must send or hand over the goods back to the Supplier or a person authorized by him without undue delay and no later than 14 days from the date on which the User-consumer notified the Supplier of his decision to refuse the contract. The deadline is considered to be met if the User-consumer sends or hands over the goods back to the Supplier before the expiry of the 14-day period.
5. The user-consumer must send or hand over the goods back to the Supplier or to a person authorized by him in good commercial condition, namely - preserved original packaging, consumables and accessories, in case there were any. The goods must not be scratched, used, used, torn, washed, ironed.
6. If the right to withdraw from the contract is exercised, the User-user pays only the direct costs of returning the goods.
7. The user-user is only responsible for the reduced value of the goods caused by testing them other than what is necessary to establish their nature, characteristics and good functioning.
8. In the event that the User-consumer is responsible for the reduced value of the goods in the hypotheses under item 5 and item 7 above, the Supplier has the right to withhold a corresponding amount from the payment to the User-consumer. In these cases, a protocol is drawn up between the Supplier and the relevant courier company, which certifies the condition of the goods upon their receipt by the Supplier.
(6) The user-consumer undertakes to store the goods received from the Supplier, their quality and safety during the period under para. 5.
Art. 17. (1) The Supplier is obliged to provide the User-consumer with goods that meet the individual requirements for compliance with the contract, the objective requirements for compliance and the requirements regarding the lack of compliance due to incorrect assembly or installation of the goods, insofar as are also applicable subject to the compliance requirements under Art. 27, Art. 28 and Art. 29 of the Act on the provision of digital content, digital services and the sale of goods.
(2) The supplier is liable for any non-conformity of the goods which exists at the time of delivery of the goods and which appears within two years from that moment.
(3) Any non-conformity which appears within one year after the delivery of the goods shall be deemed to have existed at the time of delivery, unless the contrary is proved, or if such presumption is inconsistent with the nature of the goods or the nature of the non-conformity.
(4) When the goods do not meet the individual requirements for compliance with the contract, the objective requirements for compliance