Terms and Conditions
These general terms and conditions govern the relationship between, below, as a "Merchant", on the one hand, and the Users of Websites and Services located on the http://www.sailboatingservice.com website, hereinafter referred to as " from another.
Sailboating Services Ltd. is a trade company with UIC BG205362731 and address: Shabla 10 Klokotnitsa Str., Bulgaria, Email address info@sailboatingservice.com, phone +359877959843
Please read the full terms and conditions published before using the information and commercial services offered on the Site (referred to as Services).
This document contains information about the activity and general terms and conditions of use of the services provided by us, by arranging the relationship between us and each of our users.
Confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the User and the Merchant.
By accepting the General Terms and Conditions, the User agrees to process his / her personal data on the basis of the contract concluded between him and the Dealer.
Definitions
For the purposes of these General Terms, the following terms are to be understood as follows:
Website- http://www.sailboatingservice.com and all its under pages.
Consumer- any natural person who acquires goods or services not intended to engage in commercial or professional activity and any natural person who, as a party to a contract under this Act, acts outside his trade or profession.
Terms and Conditions- these Terms and Conditions, including terms of use, cookies, registration and delivery rules, voluntary dispute resolution, contract withdrawal and replacement forms, and any other legally relevant information on the Site.
Personal data- information about an individual who discloses his / her physical, psychological, mental, family, economic, cultural or social identity.
Goods- movable tangible property, except for items sold by enforcement or other measures by lawful authorities, as well as items abandoned or withdrawn for the benefit of the state and put up for sale by public authorities. Goods are also water, gas and electricity when offered for sale, packaged in a limited volume or in a certain quantity.
A contract of sale- a contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price for them, including contracts involving both goods and services.
Alternative Consumer Dispute Resolution- an out-of-court settlement procedure for consumer disputes that meets the requirements of this law and is implemented by an Alternative Consumer Dispute Resolution Authority.
Services Provided
1. On the Site Consumers have the opportunity to conclude contracts for the sale and purchase of the goods offered by the Merchant.
ORDERS
2. Users use the interface of the website to enter into contracts with the Merchant for the goods offered.
2.1. The contract for the purchase and sale of a good is considered to have been concluded from the moment of the Merchant's confirmation of the order
2.2. In the absence of stock availability, the merchant reserves the right to refuse the order.
2.3. After selecting one or more merchandise offered on the Merchant's website, the User must add those items to your Purchase Order list.
2.4. It is necessary for the User to provide delivery data and to choose the method and time of payment of the price, and then confirm the order via the interface of the site.
2.5. When making an order, the user receives an email confirmation that his order has been accepted.
3. The trader has the right to refuse to enter into a contract with an incorrect User.
3.1. The Merchant has the right to treat a User as incorrect in the following cases:
1. there is a non-observance by the User of the Terms and Conditions;
2. an incorrect, arrogant or gross attitude towards the Merchant's representatives has been established;
3. System abuses have been identified by the User against the Merchant.
Prices
4. The prices of the goods offered are those indicated on the Merchant's website at the time of placing the order, except in the case of a manifest error.
4.1. The goods' prices include VAT, where it is intended to be charged.
5. The Merchant reserves the right to change at any time and without notice the prices of the products offered on the Site, such changes not affecting any orders already made.
6. The merchant may grant concessions for the goods offered on the site in accordance with Bulgarian legislation and rules set by the Merchant. The rules applicable to such discounts are available at the place where the discount is shown. Discounts can be granted in a variety of forms (eg promotions, loyalty discounts granted individually, randomly or as a result of participation in a competition or customer survey).
6.1. Different types of discounts can not be combined when ordering and buying the same commodity.
Payment
7. When the consumer returns goods with the right to refund the amount paid for any reason, the price to be refunded shall be reduced by the amount of the discount received on the goods and only the amount actually paid shall be refunded.
8. The user may pay the price of the ordered goods by using one of the options listed on the website of his / her choice. Payment on the Site is possible through the following methods:
• Bank transfer
• Credit or debit card
• through the PayPal payment system
9. If the User chooses the courier and pending payment option, he / she has to pay the price of the ordered items together with the courier's shipping price upon receipt of the goods.
10. If the User opts for a payment method involving a third party payment service provider, the User may be bound by the terms and conditions and / or fees of such third party.
11. The trader is not liable if a payment method involving a third party payment service provider is unavailable or otherwise fails for reasons that can not be attributed to the Trader's fault.
Cancellation and Replacement
12. The consumer has the right to withdraw from the contract without giving any reason without due compensation or penalty within 14 days from the date of acceptance of the goods by the User or by a third party.
13. In order to exercise its right under this Clause, the Consumer must clearly notify the Merchant of his decision to withdraw from the contract by identifying the goods he wishes to return by providing all the details of the order and delivery made, including but not only: content and value of the order, details of the person who made the order, details of the person who accepted delivery and date of delivery.
14. The Merchant publishes a form on exercising the right of withdrawal from the contract on its website.
15. Exercise of the Right of Withholding The trader provides the consumer with the option to fill in and electronically send through the website the standard withdrawal form or other unambiguous application. In these cases, the Merchant immediately sends the consumer a confirmation of receipt of the refusal on a durable medium.
16. The consumer shall be obliged to return the goods at his own expense, together with the receipt and the invoice, if any, and hand them over to the Merchant or to the person authorized by the latter within 14 days from the date on which the User exercised his / her right the withdrawal of the contract.
17. On return, the product must be in its original packaging, with no traces of use or disturbance of the commercial appearance.
18. The trader shall have the right to defer the reimbursement of the payments until the goods are returned or until proof is furnished that the goods have been re-dispatched, whichever is the earlier.
19. In case the Consumer fails to fulfill his obligation to return the goods without informing the Merchant of the delay and without providing a valid reason for doing so, he is deemed to have withdrawn his statement of withdrawal.
20. Where, in connection with the performance of the Contract, the Merchant has incurred costs and the User renounces the Contract, the Merchant is entitled to withhold the relevant amount of the costs or to claim their payment.
21. The consumer is not entitled to withdraw from the contract if the subject of the contract is:
22. The Merchant refunds to the User the price paid for the returned goods.
Warrantees and Claims
23. The consumer is entitled to a claim for any non-conformity of the goods or service with the agreed / ordered when inconsistencies with the sales contract have been found after the delivery.
24. The merchant is not responsible for any difference in color due to the natural color difference between different monitor models.
25. The trader is not responsible for a difference of up to 2 cm.
26. The trader is not responsible for the natural wear and tear of the goods.
27. Any non-conformity of the consumer goods with the contract of sale, which occurs within six months of the delivery of the goods, shall be deemed to have existed at the time of delivery unless it is shown that the lack of conformity is due to the nature of the goods or the nature of the discrepancy.
28. The consumer shall not contest the conformity of the consumer goods with the contract of sale when:
1. at the time of conclusion of the contract, knew or could not have been unaware of the non-compliance;
2. the non-compliance is due to materials provided by the consumer.
29. The consumer is entitled to claim the goods or service, regardless of whether the manufacturer or the merchant has provided a commercial guarantee of the good or service.
30. When the satisfaction of the claim is made by replacing the goods with another corresponding to the agreed one, the Merchant will retain the original warranty terms for the consumer.
31. When claiming the claim, the consumer may claim reimbursement of the amount paid, replacement of the goods with another one, corresponding to the agreed or a withdrawal from the price.
32. The complaint shall be submitted orally to the telephone indicated by the Dealer or in writing, via the e-mail, by mail or by the address of the company. The merchant provides access to a claim form on his site.
33. When making a claim, the consumer shall indicate the subject of the claim, the preferred way of claiming the claim, respectively the amount claimed and the address, telephone number and contact email.
34. When making a claim, the consumer must also attach the documents on which the claim is based, namely:
1. receipt or invoice;
2. protocols, acts or other documents establishing the non-compliance of the goods with the agreed;
3. Other documents establishing the claim on grounds and size.
35. Reclamation of consumer goods may be made within two years of delivery of the goods, but no later than two months after the discovery of the nonconformity has been established.
36. The time limit shall run for as long as necessary to reach an agreement between the seller and the consumer to resolve the dispute.
37. If the Merchant has provided a commercial guarantee for the good and the term of the guarantee is longer than the time limits for submitting the claim under para. 1, the claim may be claimed until the expiry of the commercial guarantee.
38. Claiming a claim is not an obstacle to bringing an action.
39. The trader maintains a register of complaints. A document is sent to the User at the specified email, indicating the number of the claim from the register and the type of the goods.
40. Where the Merchant satisfies the claim, he shall issue an act of that which shall be drawn up in duplicate and shall provide one copy to the User
41. The trader, in the case of a well-founded claim, brings the goods into conformity with the sales contract within one month from the lodging of the claim by the User.
41.1. If the goods have not been repaired and after expiry of the time limit under the preceding paragraph, the Consumer has the right to cancel the contract and to be reimbursed the amount paid or to demand reduction of the consumer goods price according to Art. 114 of the CPA.
41.2. Aligning consumer goods in accordance with the sales contract is free to the User. He does not owe any cost to dispatch the consumer goods or materials and labor related to the repair, and does not suffer any significant inconvenience.
42. In the event of non-compliance of the consumer goods with the sales contract and when the User is not satisfied with the resolution of the claim, he has the right to choose between one of the following options:
1. Termination of the contract and reimbursement of the amount paid by him
2. Reduce the price.
43. The consumer can not claim reimbursement of the amount paid or to reduce the price of the goods when the trader agrees to replace the consumer goods with a new one or to repair the goods within one month from the submission of the complaint by the consumer.
44. The trader is required to grant a claim for cancellation of the contract and to recover the amount paid by the consumer when, after having satisfied three complaints to the consumer by repairing the same product within the term of the guarantee, there is a subsequent occurrence of non-conformity of the goods with the contract of sale.
45. The consumer can not claim termination of the contract if the nonconformity of the consumer goods with the contract is insignificant.
Intellectual Property
46. Intellectual property rights in all materials and resources located on the Merchant's website (including the available databases) are protected by the Copyright and Related Rights Act, belong to the Merchant or the appropriately designated person who has granted the right of use of the Merchant and may not be used in violation of applicable law.
47. When copying or reproducing information beyond the admissible and any other violation oIntellectual Property
if intellectual property rights on the Merchant's resources, the Merchant is entitled to claim damages for the direct and indirect damage suffered in full.
48. Except as expressly agreed, the User may not reproduce, modify, delete, publish, distribute and otherwise disclose the information resources posted on the Merchant's website.
49. The Merchant undertakes to take due care to enable the User to have normal access to the services provided.
50. The Merchant reserves the right to discontinue access to the services provided. The Merchant has the right, but not the obligation, at his own discretion to delete information resources and materials posted on his site.
Termination of the Contact
51. The trader is entitled, at his own discretion, without giving notice to unilaterally terminate the contract if he finds that the services provided are used in violation of the present general conditions, the legislation in the Republic of Bulgaria and the generally accepted moral norms.
52. Except as provided in these General Terms, the contract between the parties shall also terminate upon termination of the Merchant's business or termination of maintenance of its website.
53. Except as set out above, either party may terminate this Agreement by giving one week's notice to the other party in the event of non-performance of the obligations under the contract.
54. The written form of the contract is deemed to be complied with by sending an e-mail message, pressing an electronic button on a content page to be filled in or selected by the User or a check box on the website, etc. . similar, insofar as the statement is recorded technically in a way that enables it to be reproduced.
Rescue Clause
55. The parties declare that if any of the clauses of these Terms and Conditions prove to be invalid, this will not invalidate the entire contract or other parts thereof. The invalid clause will be replaced by the mandatory rules of the law or the established practice.
Changes to General Conditions
56. The Merchant undertakes to notify Users of any amendment to these General Terms and Conditions within 7 days of the occurrence of this circumstance at the email address specified by the User.
57. When disagreeing with the amendments to the General Conditions, the User has the right to withdraw from the contract without giving any reason and without indemnity or indemnity. In order to exercise this right, the Consumer should notify the Merchant within one month of receiving the notice under the previous article.
58. In the event that the User does not exercise his right to withdraw from the contract in the manner stipulated in these General Terms, the change is deemed to have been accepted by the User without objections
Applicable by law
59. All provisions not covered by these General Terms and Conditions shall be governed by the provisions of the applicable legislation of the Republic of Bulgaria.