GENERAL TERMS AND CONDITIONS FOR THE SALES AND PURCHASE OF GOODS ON THE WEBSITE ONLINE STORE
These Terms and Conditions shall be effective between:
Orbea International OOD, registered in the city of Sofia, under UIC: BG205258558 with registered office and address of management at 8 Cherni Vrah Blvd., hereinafter referred to as the PROVIDER, on one hand,
and on the other – the individual, who has agreed to these General Terms and Conditions, hereinafter referred to as the USER, in connection with the declaration and purchase of goods, offered through the online store at www.orbeainternational.com.
Please refer to these General Terms in the use of the online store at www.orbeainternational.com. These General Terms and Conditions shall govern the relationship between the Provider and the Users (customers) who use the online store at www.orbeainternational.com to purchase goods. By clicking on an object, a picture, a link (other than the General Terms link) or a button located on the www.orbeainternational.com website, it shall be considered that you accept or agree to the General Terms and Conditions described below. The present General Terms and Conditions comply with the requirements of the Consumer Protection Act (CPA), as well as with the other legal acts in force in the Republic of Bulgaria. If you do not agree with these terms and conditions, please do not continue to use the website of www.orbeainternational.com.
I. Concepts and definitions
1.1 For the purposes of these General Terms and Conditions, the terms and expressions used herein shall have the following meanings:
The “Provider” shall be ORBEA INTERNATIONAL OOD, owner of the website www.orbeainternational.com, which serves as a virtual platform for the sales of goods. The Provider shall have the full rights to unilaterally modify the content of the website, as well as the manner of accessing the website.
The “User” shall be an individual, having legal capacity, who has consented to these General Terms and Conditions in connection with the ordering and purchase of goods offered on the online store.
The “Online store” shall be the website www.orbeainternational.com, which serves as a virtual platform, offering goods to be delivered upon their express ordering by the User.
“The IP Address” is a unique identifier, associating a computer, a website or a User resource in a manner, allowing it to be localized on the global Internet network.
“The User Profile” is part of the website that contains User Information. These data are provided by the User upon his/her registration and stored by www.orbeainternational.com, access to User’s profile is provided by entering username and password. In his profile, the User can view and edit the data entered during the registration process, access information about all of its orders for purchasing goods from the online store, change his/her password, etc.
“The Password” is a combination of characters (letters and/or digits), selected by the User, which in combination with the current e-mail address of the User customizes the User and provides him or her with options to make valid orders to purchase the goods offered on the website of www.orbeainternational.com.
“An Order” is the consumer’s request to the online store to purchase one or more specific goods (items). The order shall be packed and sent by courier to the address, specified by the User in the order.
“Sales price” is the final unit price per piece or price for a certain quantity of goods or services, including value-added tax and any additional taxes and charges.
“Courier” is a vendor, who physically delivers the purchased goods to the address, specified by the User and works under the requirements of the Postal Services Act.
An “Accidental Event” is an unforeseen event at the time of the order submission or a circumstance of extraordinary nature, which makes its performance objectively impossible.
2.1. Browsing on the online store of www.orbeainternational.com is completely free and can be accessed from all over the world.
2.2. www.orbeainternational.com is an online store website that offers goods to be purchased by end-users. Customers may use the information published on the website only for personal and non-commercial use. The website content may not be changed, copied, distributed, transferred, or manipulated in any other way.
2.3. A password and e-mail registration are required to shop at www.orbeainternational.com. Registration is completely free and is carried out by filling in the registration form. Upon registration, the User must indicate its e-mail address and password, its Full names and shipping addresses.
2.4. User Details – Full names, district, city, postal code, shipping address, address for correspondence, contact telephone, current email, which the Users provide voluntarily at free will upon their registration at www.orbeainternational.com are protected by the Personal Data Protection Act. These User Data shall be collected only for the sake of delivery to a courier and delivery of the selected merchandise.
2.5. The Provider will not sell, lend, borrow, trade or assign any personal information collected at www.orbeainternational.com, including membership details or e-mail address lists. Any information, provided to www.orbeainternational.com shall be protected and not used in any ways that are not authorized by the User.
2.6. The Provider shall publish at www.orbeainternational.com:
2.6.1. A description of the main features and image of each product;
2.6.2. The right of the User and the conditions and manner of exercising User’s right to cancel the order and the conditions under which the goods may be returned, except in the cases of the Consumer Protection Act;
2.6.3. Any other information that the Provider is required under Bulgarian law to supply promptly to the User prior to the purchase of the Goods by the User.
2.7. The Provider shall have the right to change prices, quantities, payment methods and deliveries, as well as the design and technology of the site. The Provider shall be entitled to suspend or delete information about a product or category at its own discretion. The user should follow on-line the changes made at www.orbeainternational.com. In the event that a change is required in respect of an order already made, and the change affects significant parameters such as, for example, price, product, delivery time, a representative of the Provider is contacted by the User to inform him/her of the change and to obtain information whether the consumer wishes to purchase the goods under the changed terms.
2.8. The Provider shall have the right to create links to other Internet sites and resources for the sale of goods and the provision of services by third parties, also including links pointing to other websites in the user’s profile.
2.9. The User shall be bound as follows:
2.9.1. The User shall indicate a precise and valid telephone number, shipping address and e-mail address for correspondence;
2.9.2. The User shall pay the price of the goods he/she has ordered;
2.9.3. The User shall pay the cost of delivery, except in cases where the cost of delivery remains at Provider’s expense;
2.9.4. The User shall take due care and all necessary measures that are reasonably practicable in order to protect his / her password;
2.9.5. In view of the specifics of Internet protocols and the security of password protection, the User shall terminate the session of entering its profile, by pressing the virtual exit button;
2.9.6. The User will not submit any fictitious or invalid orders or any false information. The User shall bear full responsibility for the protection of his / her password and for all actions performed by him or by a third person using his password.
2.9.7. In any claims or requests for replacement of products, the User shall comply with the provisions and the Terms and Conditions, posted on the website of the online store www.orbeainternational.com, by declaring that he/she shall be bound by these Terms and Conditions;
2.9.8. The User shall observe the Bulgarian legislation, the present General Terms and Conditions, Internet ethics, the standards of morality and good manners;
2.9.9. The User will not infringe any property or non-pecuniary rights of other users, including intellectual property rights;
2.9.10. The User will not interfere with the proper operation of the system, including but not limited to hindering other users identification procedure, accessing the system by other means besides the profile, provided to him/her or prevent other users from using the online store;
2.9.11. The User will not retrieve by any technical means or technical resources any information resources or parts of information resources, belonging to the databases, located on the online store for the sake of creating his /her own database in electronic or other formats;
2.10. The User shall be entitled to:
2.10.1. The User shall be entitled to access the Provider online subject to the conditions and requirements for access, except in circumstances beyond the control of the Provider – events of Force Majeure, accidents, problems in the global Internet network;
2.10.2. The User shall be entitled to access and correct online the data provided in the registration;
2.10.3. The User may refuse to receive the goods he has ordered subject to the legal requirements / the Consumer Protection Act / and the provisions of these General Terms and Conditions;
2.11. If the User fails to observe his/her obligations, the Provider shall be entitled immediately and without prior notice to suspend the User and any third party from accessing his / her profile and the Provider shall be entitled to compensation for any damages and lost profits as direct and immediate consequence of User’s failure to observe obligations under the preceding paragraph. In such cases, the Provider shall have the right to refer the matter to the competent state authorities to establish the respective violation.
3.1. In order to obtain the right to make valid orders to purchase the goods offered at www.orbeainternational.com, the User must provide the required accurate data. The User shall ensure that the data he provides during the registration process is true, complete and accurate and shall update them in a timely manner in case of any changes. If the User provides false data, the Provider shall have the right to suspend immediately and without notice the maintenance and access of the User to his/her profile. The User shall have the freedom to correct any information he/she has entered in the registration form.
3.2. By the act of its registration, the User gives his “online” consent to these General Terms and Conditions, upon which he/she shall be bound by their terms and provisions. From the time the User agrees to the provisions of these General Terms and Conditions, he/she will be able to make valid orders for the purchase of goods offered on www.orbeainternational.com.
ІV. Submitting orders
4.1. The User shall get access to the Order Form to purchase the goods offered on the online store upon entering a valid e-mail address and password in the relevant fields on the website.
4.2. Submission and placement of orders shall be carried out by following the following actions: Specify the type of goods and confirm the type of goods by pressing the virtual “Send Order” button, appearing against the commodity and then specify the number of goods.
4.3. In case (a particular model of) the ordered goods are not available, a representative of the Provider shall notify the User. If the User does not agree that the order is referred to (an identical model of) another commodity or additionally produced, the order may be cancelled.
4.5. The online store of www.orbeainternational.comaccepts orders 24 hours a day, 7 days a week.
4.6. After the order is processed by the Provider’s team, confirmation of the order shall be sent. The order shall be executed and delivered to the User latest 10 working days after the date of its confirmation or over the additional agreement.
4.7. Orders received without proper user details or missing any details shall be cancelled if the Provider does not receive the correct data within 48 hours of entering the order. In case of incomplete, false or incorrect address and/or telephone number, specified when the order is submitted, the order shall be considered void and no obligation shall exist for the Provider to fulfil it.
V. Delivery and payment
5.1. When an order is received at www.orbeainternational.com, from a User, the automated online store system notifies the user by an e-mail message about the successful order.
5.2. Only confirmed orders are delivered.
5.3. Deliveries of ordered goods are not made on Sundays and public holidays.
5.4. After the payment is made, the Provider can use additionally agreed methods of delivery.
5.5. Ordered goods will be delivered with the appropriate packaging and transport to the delivery address, indicated by the User.
5.6. Payment of ordered goods can be made:
5.7. By bank transfer;
VI. Copying information
6.1. All information posted on www.orbeainternational.com shall be the property of the Provider, including any photos and item descriptions.
6.2. Coping any texts from www.orbeainternational.com and placing them on other websites and online stores without the Provider’s written consent is absolutely forbidden unless the source is quoted as follows: Source: online store www.orbeainternational.com” and the following link should be indicated: www.orbeainternational.com.
7.1. The Provider will not bear any responsibility to third parties if such third party believes that the information posted on the online store violates anyone’s copyrights or other intellectual property rights insofar as photos of products made by the Provider are posted on the website of the online store, respectively the photo material is made on order of the Provider.
7.2. The Provider will not be responsible for failure to provide access to the online store or for failure to process or the untimely handling of purchase orders under circumstances beyond Provider’s control – cases of Force Majeure, incidental events, problems in the global Internet network.
7.3. The Provider cannot guarantee that access to the online store will be uninterrupted, timely, secure and problem-free, as long as it is beyond its ability, control and will.
7.4. The Provider will not be liable for any damages caused to the software, hardware or telecommunication equipment or for the loss of data, arising from any materials or resources searched, uploaded or used in any way whatsoever.
7.5. Insofar as the Provider does not have the objective possibility and obligation and does not control the Internet pages and resources made available through the links provided on the online store and in the profile, the Provider will not be responsible for the unlawful nature of the content and materials on these websites and resources.
7.6 The Provider will not be liable for any damages and lost profits, arising out of the use, access or unreliability of such materials and content.
7.7. The Provider, its suppliers or third parties will not be responsible under any circumstances for any damages, loss of information, lost profits, etc. caused by the use or failure to use the site, regardless of the presence or absence of warnings against the Provider. If the use of materials by the User should cause damages that require mending, maintenance or repair of the equipment or information, the User shall assume full responsibility and cover all expenses related to the repair of damages.
7.8. The Provider shall have no obligation and no objective possibility to control the way the customer uses the online store.
8.1. Each User may contact the Provider to ask questions, make suggestions and receive information. You can contact the Provider at the e-mail address, specified on the website or reach the Provider by telephone: +359 888 0700 04.
8.2. The Provider is the administrator of the website and respectively any comments and discussions thereof. As Administrator, the Provider may eliminate any obscene and insulting qualifications that violate morality and the good tone.
ІХ. General provisions
9.1 The User may request to have his/her profile deleted at any time. In such a case, the deletion will only be performed once all effectively submitted orders are fulfilled and respective payments of the due price and delivery costs are affected.
9.2 The User shall undertake to indemnify the Provider and any third party for any loss or damage suffered, including any costs and Attorney fees paid, paid indemnities, any charges for court proceedings, incurred as a result of actions brought by third parties for failure to comply with the obligations of the User, violations of Bulgarian law, applicable foreign legislation or violation of the present General Terms and Conditions, the good manners and / or Internet ethics. The User will also be obliged to indemnify the Provider for any damages, caused in the use of his profile by third parties with which the User has shared his / her password.
9.3 The parties declare herein that if any part of the provisions of these General Terms and Conditions is found to be invalid, such invalidity or nullity will not affect the present General Terms and Conditions, whereas the individual invalid provisions shall be deemed replaced by law by the mandatory rules of law.
9.4. All disputes between the parties shall be resolved in a spirit of understanding and goodwill. In case an agreement may not be reached, all unresolved disputes arising from the relations between the parties shall be settled by the competent court in the city of Sofia.
9.5. The written form shall be deemed to be observed by sending an e-mail, pressing an electronic button on the contents page to be filled in by the User or marking a field on the Provider’s website, etc. as long as the statement is written technically in a way that allows being reproduced.
9.6. These General Terms and Conditions may be modified unilaterally by the Provider. The changes to these General Terms and Conditions will not affect the relationship between the User and the Provider arising from a valid pre-notification Purchase Order. You can always find the updated text of the General Terms and Conditions at www.orbeainternational.com.
9.7. Any outstanding issues in the present agreement shall be governed by the provisions of the legislation in force in the Republic of Bulgaria.