General Terms and Conditions for e-shopping www.katanastone.com The present General Terms and Conditions /GTC/ have been prepared and adopted on the basis of the Consumer Protection Act /CPA/, the Electronic Commerce Act /ECA/, the Electronic Document and Electronic Signature Act /LEDES/, the Obligations and Contracts Act /OCA/, the Commercial Act /CA/, the Directive 2000/31/EC of the European Parliament and of the Council of 08.07.2000 and the current regulations in the Republic of Bulgaria.
Dear Customers,
Please read these GTC carefully. They are publicly available via the website www.katanastone.com and are provided in a manner that allows their storage and reproduction.
I. General Terms
1. These General Terms and Conditions govern the relations related to the implementation of electronic commerce, within the meaning of the ECA, between
the provider of information society services “KATANA STONE” Ltd. Sofia, “Yordan Yossifov” Str. 8b, floor 4, office 16, registered in the Trade Register of the Registry Agency with UIC 201018319, represented by Victor Malamov, e-mail: office@katanastone.com , hereinafter referred to as “KATANA Stone” on the one
hand and on the other hand – the Recipient(s) of services (hereinafter referred to as “User(s)”), which services are provided through the domain:
www.katanastone.com, hereinafter referred to as “site”.
2. Identification of the user/customer for the reproduction of his statement of acceptance of both the General Terms and Conditions and the order is carried out
through the log files stored on the server of www.katanastone.com, storing the IP address of the user/customer, as well as any other information.
3. The products found on the website www.katanastone.com do not constitute a legally binding offer, but rather a demonstration online catalogue describing the
retailer’s product line.
4. After making an inquiry through the “contact form”, www.katanastone.com will provide a free design and visualization according to the user’s requirements
before making the final product. After confirmation from the customer, he agrees to purchase the product which is manufactured as per his requirements. This activity is legally binding. The customer receives confirmation of the order and upon receipt of this confirmation, the contract is deemed to be concluded.
5. The MERCHANT reserves the right to refuse delivery of a confirmed order in the event that the goods cannot be produced due to technical problems associated
with their manufacture. Within the working week, the trader shall notify the user/customer of its exhaustion by sending a message to the e-mail or telephone
number indicated by the Customer. In the event that a transfer is made to the merchant’s account, the customer will be able to choose between a refund,
cancellation of the order or a replacement order.
6. The contractual language shall be Bulgarian and payments shall be made in Bulgarian leva including VAT.
II. Delivery
7. The user/customer bears the full risk of damage/loss of the goods on delivery. As soon as the goods are handed over to the courier, the MERCHANT shall be
released from the risk, which shall be transferred to the consumer/customer. The MERCHANT shall not be liable for any delay in the event that the delay is due to
the courier or other supplier.
8. Immediately after delivery, the goods should be carefully examined by the user/customer or his/her authorised person. Any damage, knocks or other damage should be reported immediately to the MERCHANT. In the event that any damage is found to have occurred during the transportation of the goods, the MERCHANT shall not be responsible for the warranty service of such goods. In cases where the MERCHANT has specified in writing a specific date and time for
delivery, the statement shall be binding. In the event of an incorrect or wrong address, contact person and/or telephone number being given when placing the
order, the MERCHANT shall not be bound by any obligation to perform the order.
8a. Upon delivery of the goods, the user/customer or a third party shall sign the accompanying documents. A third party is anyone who is not the holder of the application but accepts delivery of the goods and is at the address given by the customer. In the event of refusal to receive the goods, except as described below, the refusal shall be deemed to be unreasonable and the Customer shall be liable for the cost of delivery and return of the goods. In the event that the Customer is not found within the delivery period at the address indicated or access and conditions for delivery of the goods are not provided within that period, the MERCHANT shall be released from its obligation to deliver the goods requested for purchase.
8b. Where the goods delivered clearly do not correspond to the goods requested for purchase by the Customer and this can be ascertained by simple inspection,
the Customer may request that the goods delivered to him be replaced with goods corresponding to his purchase request within 24 hours of receiving them.
III. Prices
9. Prices listed on the website include packing. Transportation within Bulgaria is at the expense of the user/customer, unless offered free of charge in the offer of the MERCHANT. In the event that the goods are shipped outside the territory of the Republic of Bulgaria, the user/customer shall pay all customs and other fees
associated with the export.
IV. Rights and obligations of the Client
10. The user/customer is able to browse and order the goods advertised on www.katanastone.com.
11. The user/customer has the right to be informed about the status of his/her order.
12. The user/customer is fully responsible for the protection of his/her username and password and for all actions that are performed by him/her or by a third
party using the username and password. The USER shall immediately notify the MERCHANT of any instance of unauthorized access through the use of his/her
username and password and whenever there is a risk of such use.
13. The user is obliged to pay the price of his order as advertised on www.katanastone.com.
14. Each user, regardless of whether he is a customer of the MERCHANT, is obliged when using the services:
– not to violate and respect the fundamental rights and freedoms of citizens and human rights, in accordance with the Constitution and laws of the Republic of
Bulgaria and recognized international law;
– not to harm the reputation of another and not to call for a violent change of the constitutionally established order, for the commission of a crime, for violence
against the person or for the incitement of racial, national, ethnic or religious hatred;
– not violate others’ property or non-property, absolute or relative rights and interests, such as property rights, intellectual property rights, etc.;
– comply with Bulgarian legislation, applicable foreign laws, rules of morality and good manners and Internet ethics when using the services provided by
www.katanastone.com;
– immediately notify the MERCHANT of any violation committed or detected in the use of the services provided;
– not to load, send, transmit, distribute or use in any way or make available to third parties any software, computer programs, files, applications or other materials containing computer viruses, unauthorized remote control systems (“Trojan horses”), computer codes, or materials intended to interrupt, impede, disrupt or restrict the normal operation of computer hardware or software or telecommunications facilities or intended to allow unauthorized intrusion into or
access to foreign p
– not commit malicious acts;
– indemnify the MERCHANT and any third parties for all damages and lost profits, including any costs and attorneys’ fees incurred as a result of claims brought by and/or damages paid to third parties in connection with the Websites, hyper-links, materials or information that the User has used, hosted, sent, distributed, made available to third parties or made available through /the name of the site/ in violation of the law, these Terms and Conditions, Good Morals or Internet Ethics;
14a. The Customer is obliged to provide an accurate and valid telephone number, delivery address and e-mail address, to pay the price of the goods, to pay the
delivery costs when the delivery is not free of charge and to provide access and the possibility of receiving the goods. In the event that it is not expressly stated
that the delivery is free of charge, the delivery shall be deemed to be for consideration.
V. Rights and obligations of the trader
15. The MERCHANT does not have the obligation and the objective possibility to control the way the users use the services provided.
16. MERCHANT shall have the right, but not the obligation, to retain materials and information located on the www.katanastone.com server.
17. The MERCHANT shall have the right at any time, without notice to the User/Customer, when the latter uses the services in violation of these Terms, as
well as at the discretion of the MERCHANT to terminate, suspend or modify the services provided in connection with the use of the Site. MERCHANT shall not be
liable to users or third parties for any damages or lost profits resulting from the termination, suspension, alteration or restriction of services, deletion, modification, loss, unreliability, inaccuracy, or incompleteness of any messages, materials or information transmitted, used, recorded or made available through
www.katanastone.com.
17a. Upon receipt of payment, the MERCHANT is obliged to transfer to the consumer/customer the ownership of the goods ordered for purchase by him/her, to deliver the goods ordered for purchase in a timely manner, to check the technical condition of each item before shipment (if this is possible without compromising the integrity of the packaging).
18. The MERCHANT shall not be liable for any damages caused to software, hardware or telecommunications facilities, or for any loss of data resulting from materials or resources searched, loaded or used in any way through the services provided. The advice, consultation or assistance provided by the MERCHANT’s
professionals and employees in connection with the use of the services by users shall not give rise to any liability or obligation on the part of the MERCHANT. The
COMPANY shall not be held liable in case of incorrectness of the information provided by the manufacturer about the goods.
19. MERCHANT has the right to collect and use information relating to its Users/Customers, regardless of whether they are registered.
20. The information referred to in the preceding Article may be used by the MERCHANT, except in the case of express disagreement of the User sent to the following e-mail address office@katanastone.com. The MERCHANT collects and uses the information to improve the services offered. All purposes for which the
MERCHANT will use the information will comply with Bulgarian legislation, applicable international acts and good morals.
21. MERCHANT shall not be liable for failure to perform its obligations under this Agreement in the event of circumstances which MERCHANT did not foresee and was not obligated to foresee – including in the event of fortuitous events, problems in the global network of the Internet and in the provision of services
beyond the control of the MERCHANT.
22. The MERCHANT has the right to install cookies on users’ computers. Cookies are text files that are saved by the Website on the User’s hard drive and allow the
retrieval of information about the User, identifying him and allowing the tracking of his actions, the websites he visits, the hyperlinks he uses, the information he
uses and saves, etc.
VI. Personal data
23. The MERCHANT guarantees its Users/Customers the confidentiality of the information and personal data provided. The latter will not be used, provided or
brought to the knowledge of third parties outside the cases and under the conditions specified in these General Terms and Conditions. The MERCHANT protects the personal data of the user/customer made known to him/her when completing the electronic form to make a purchase application, this obligation being waived in the event that the Customer has provided false data. Subject to applicable law and the provisions of these Terms and Conditions, the MERCHANT may use the Customer’s personal data solely for the purposes set out in the contract. Any other purposes for which the data is used will be in accordance with Bulgarian legislation, applicable international acts, Internet ethics, rules of morality and good morals.
23a. The MERCHANT undertakes not to disclose any personal data about the Customer to third parties – state authorities, commercial companies, individuals
and others, except in cases where it has obtained the Customer’s express written consent, the information is requested by state authorities or officials who, according to the legislation in force, are authorized to request and collect such information. The MERCHANT is obliged to provide the information by law.
VII. Amendments
24. The General Terms and Conditions may be amended at any time by the MERCHANT, which shall also be entitled to amend the features of the services provided and these General Terms and Conditions and on the basis of changes in legislation. The MERCHANT is obliged to notify the USER of the changes in the
General Terms and Conditions by publishing a notice of the amendments in a prominent place on its website and giving sufficient time to become familiar with
them. Within the given period, if the User does not state that he rejects the changes, he shall be deemed bound by them. In the event that the User declares
within the given period that he does not agree with the changes, the MERCHANT shall have the right to immediately suspend or terminate the provision of services to the User.
VIII. Right of withdrawal
25. Information on the exercise of the right of withdrawal (Annex No 7 to Article 47(4) of the CPA)
IX. Model instructions on withdrawal:
26. Right to withdraw from the contract at a distance or off the premises.
27. You have the right to withdraw from this contract, without giving reasons, within 14 days.
28. The cancellation period shall be 14 (fourteen) days from the date on which you or a third party other than the carrier and appointed by you took possession of the goods or, in the case of a contract under which the consumer orders multiple goods in one order which are delivered separately: the date on which you or a third party other than the carrier and appointed by you took possession of the last goods. In order to exercise your right of withdrawal, you must notify us of your name, geographical address and, if available, telephone number, fax number and e-mail address and of your decision to withdraw from the contract in an unequivocal statement, such as a letter sent by post, fax or e-mail. In order to comply with the withdrawal period, it is sufficient to send your communication
concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
29. Effect of refusal. If you cancel this contract, we will refund all payments we have received from you, including the cost of delivery (excluding any additional
costs associated with your chosen method of delivery other than the cheapest standard method of delivery offered by us), without undue delay and in any event
no later than 14 days from the date on which you inform us of your decision to cancel this contract. We will make the refund using the same means of payment
used by you in the original transaction, unless you expressly agree to another method; in any event, this refund will not involve any cost to you. We have the
right to postpone refunds until we receive the goods back or until you provide us with evidence that you have sent the goods back, whichever is the earlier. We
expect you to send or return the Goods back to us without unreasonable delay and in any event no later than 14 (fourteen) days after the day on which you
inform us of your withdrawal from this Contract. The time limit shall be deemed to have been complied with if you send the goods back to us before the expiry of
the 14-day period. You must bear the direct costs of returning the goods. You shall only be liable for any diminution in the value of the goods resulting from testing other than as necessary to establish their nature, characteristics and proper functioning.
30. According to Art. 57, para. 3 of the Consumer Protection Act, the User may not exercise the right of withdrawal (return within 14 days) within the meaning of
paragraphs 33-36 of these General Terms and Conditions for goods, the price of which is determined on the basis of sq.m. For this reason, for each order, they
should be cut according to the User’s individual requirements for their size. Such goods may be individually made to the customer’s design. Pursuant to Article 57, paragraph 3 of the Consumer Protection Act, the consumer may not also exercise the right of withdrawal for goods made to the consumer’s
individual order. These goods are ordered by the user on the website and the same are not made in advance, but are made and left upon specific order by the User.
Supervisory authorities
(1) Data Protection Commission
Address: Sofia, 1592 Prof.Tsvetan Lazarov 2,
Tel.: (02) 940 20 46
Fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Consumer Protection Commission
Address. Sofia, Slaveykov Square No4A, floors 3, 4 and 6,
Tel.: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg