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GENERAL TERMS AND CONDITIONS OF ONLINE STORE www.zeotech-gmbh.eu

  1. SUBJECT

1.1. These General Terms and Conditions are designed to regulate the relations betweenZeotechGmbH, UIC 206202982, with headquarters and address of management: Capital Municipality, Pancharevo District, 17Buket Str., hereinafter referred to as “PROVIDER” and the clients, hereinafter referred to as “USERS”, of the e-commerce platform called www.zeotech-gmbh.euhereinafter referred to asPROVIDER

2. INFORMATION ABOUT THE PROVIDER

2.1Information according to the E-Commerce Act and the Consumer Protection Act:

  1. Name of the Provider: ZeotechGmbH.
  2. Headquarters and address of management: Capital Municipality, Pancharevo District, 17Buket Str.
  3. Address for business activity and consumer complaints: Capital Municipality, Pancharevo District, 17Buket Str.,
  4. Address for correspondence:Sofia 1444, 17 Buket Str, PB#7, phone number:0887590689
  5. Registration in public registers: UIC 206202982
  6. Supervisory authorities:

(1) Commission for Personal Data Protection

Address: 2 Prof. TsvetanLazarov Str., Sofia,

tel.: (02) 940 20 46

fax: (02) 940 36 40

Email: kzld@government.bg, kzld@cpdp.bg

Website: www.cpdp.bg

 

(2) Commission for Consumer Protection

 

Address: 4A Slaveykov Square, 3rd,4th and6th floor, 1000 Sofia

tel.: 02 / 980 25 24

fax: 02 / 988 42 18

hotline: 0700 111 22

Website:www.kzp.bg

Registration under the Value Added Tax Act:UIC206332827


 

3. FEATURES OF THE PLATFORM. CONCLUSION OF THE CONTRACT

3.1  Itis an e-commerce platform available at www.zeotech-gmbh.eufrom which the Users have the opportunity to conclude contracts for purchase and delivery of the goods offered by the Provider in the platform, including the following:

  1. To register and create an account for reviewing the Provider's e-store and using additional services for provision of information;
  2. To review products, their characteristics, prices and delivery terms;
  3. To conclude contracts with the Provider for the purchase and delivery of the goods offered by the e-commerce platform www.zeotech-gmbh.eu;
  4. To make any payments related to the concluded contracts through the platformwww.zeotech-gmbh.euvia online paymenttools;
  5. To receive information about new products offered by the Providerthrough the platform www.zeotech-gmbh.eu;
  6. To make online statements in the platform www.zeotech-gmbh.eu about the performance of the concluded contracts with the Provider through the interface of the webpage www.zeotech-gmbh.eu available on the Internet;
  7. To be informed about their legal rights, primarily through the www.zeotech-gmbh.eu platform interface on the Internet;
  8. To exercise their right of withdrawal from the contract, when applicable, according to the Consumer Protection Act.

3.2 (1)The Users shall conclude, through the platform www.zeotech-gmbh.eu, a contract with the Provider for purchase of goods with a delivery address specified by the User. The contract shall be bilingual, concluded both in Bulgarian and English language and shall be stored in the Provider's database on the platform.

(2)By virtue of the purchase & sale contract concluded with the Users, the Provider shall be obliged to organize the delivery and transfer to the User of the ownership of the goods, specified by the User through the interface of the platform. The Users shallhave the right to correct errors when entering data until the statement about conclusion of the contract with the Provider is submitted through the platform www.zeotech-gmbh.eu

(3)The Users shall pay to the Provider of the platform www.zeotech-gmbh.eu  the price for the delivered goods in the amount and on the terms in accordance with the terms set out on the platform www.zeotech-gmbh.eu and in these General Terms and Conditions.

3.3 (1)The User and the Provider of the platform www.zeotech-gmbh.eu agree that all statements between them concerning the conclusion and execution of the purchase & sale contract, can be made in electronic form and by 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 online statements made by the Users of the site are made by the same persons indicated in the data provided by the User during the User’s registration in the platform, if the User has entered the respective name and password for access.

  1. 4.      REGISTRATION FOR USING www.zeotech-gmbh.eu

4.1(1) In order to use the www.zeotech-gmbh.eu for conclusion of contracts for purchase and sale of goods, the User shall enter the name and password for remote access, chosen by him/her or to legitimize himself/herself through his/her Facebook or Google account and thus it shall beconsideredthat the User has accepted these General Terms and Conditions.

(2)The name and password for remote access shall be determined by the User by making an online registration on the Provider’s website in the platform www.zeotech-gmbh.eu according to the procedure specified therein. Users have the option to make orders for the delivery of goods using a profile from the social networks Facebook and Google.

(3)By filling in the User’s data in the consumer basket and clicking on the "Order" button, the User declares that he/she is familiar with these General Terms and Conditions, agrees with their content and undertakes to observe them unconditionally.

(4)By registering on the platform www.zeotech-gmbh.eu, placing an ORDER and filling in the forms with personal data, the Users declare that they agree that all their personal data will be included in the database of Zeotech GmbH. and give their explicit and unambiguous consent that their personal data may be stored and used for an unlimited period of time by the Company for the following purposes:

  • Marketing activities by receiving information or commercial messages (offers, promotions, advertising and marketing messages by Zeotech GmbH and by third parties with whom the Company has relations of any kind) to the provided e-mail addresses from USERS and CLIENTS;
  • Participation in competitions, promotions;
  • Sending non-commercial or administrative messages (changes to the site, administration, etc.);
  • Market research;
  • Tracking of sales data. Each Client may exercise the right to change or request deletion of his/her personal data by submitting a dated and signed written requestto:Capital Municipality, Pancharevo District, 17 Bouquet Street.
  • Email Marketing: With your permission, we may send you emails regarding our store, new products and other updates.

(5)The Provider confirms the order made by the User by e-mail. The User's account is created and a contractual relationship is established between the User and the Provider

(6)When registering or ordering, the User undertakes to provide correct and up-to-date data. The User undertakes to promptly update the data, provided in the registration or order, in an event of a change.

  1. 5.      TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE&SALE CONTRACT

5.1(1)Users shall use the interface on the Provider’s webpage on the platform www.zeotech-gmbh.eu to conclude contracts for purchasing goods offered by the Provider on the platform www.zeotech-gmbh.eu

(2)In the case of ordering goods without registration, the User accepts these General Terms and Conditions at the time of delivery. The User shall be deemed to have accepted these General Terms and Conditions upon acceptance of delivery of the Goods.

5.2 The Users shall conclude the contract for the purchase and sale of goods on the platform by following these steps:

1) Log in to the ordering system on the platform;

2) Selecting one or more of the goods offered by the Provider on the www.zeotech-gmbh.eu platform and adding them to a list of goods for purchase;

3)Provision of the necessary data for individualization of the User as a party to the contract;

4) Provision of data for making the delivery;

5) Selecting the method and time of payment of the price.

6) Confirmation of the order;

  1. 6.      CONTENT OF THE CONTRACT

6.1 (1) The Provider and the Users shall conclude separate contracts for the purchase of goods, requested by the Users, regardless of the fact that they have been selected online with a single statement and from one and the same list of goods for purchase.

(2) The Provider may arrange the delivery of the goods ordered by the separate purchase contracts together and simultaneously.

(3) The rights of the Users with regard to the delivered goods shall be exercised separately for each single purchase contract. The exercise of rights in relation to delivered goods shall not affectand has no effect on any other contracts for purchase of other goods. In case that the User is a “Consumer” within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the purchase and sale contract with regard to a particular articleshall not affect the purchase contracts for the other goods delivered to the consumer.

6.2. When exercising the rights under the Purchase and sale contract, the User shall be obliged to indicate accurately and unambiguously the contract and the goods in respect of which the User exercises the rights. The User may pay the price for the individual Purchase Contracts at once when ordering the goods or upon their delivery.

7. SPECIAL RULES APPLICABLE TO PERSONS WHO ARE CONSUMERS WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT

7.1. The rules of this Section VII of these General Terms and Conditions shall apply only to Users who, according to the data provided for the conclusion of the purchase and sale contract or registration at www.zeotech-gmbh.eu can be considered Consumers within the meaning of the Consumer Protection Act, the E-Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.

7.2. (1)The main features of the goods offered by the Provider on the platformwww.zeotech-gmbh.euare defined in the profile of each item in the platform www.zeotech-gmbh.eu

The price of the goods including all taxes and fees is determined by the Provider on the platform www.zeotech-gmbh.euin the profile of each item on the platform www.zeotech-gmbh.eu.

(3)The value of the postage or transport costs, not included in the price of the goods, is determined by the Provider on the platform www.zeotech-gmbh.eu and shall be provided as information to the Users when selecting the goods for the conclusion of the purchase and sale contract;

(4)The methods of payment, delivery and performing of the contract shall be determined in these General Terms and Conditions and will be provided to the User through the tools of the platform www.zeotech-gmbh.eu

(5)The information provided to the Users under this Article is up-to-date at the time of its visualization on the platformwww.zeotech-gmbh.euprior to the conclusion of the purchase and sale contract.

(6)The Users agree that all information required by the Consumer Protection Act may be provided via the platform interface www.zeotech-gmbh.euor email.

7.3. (1)The Consumer agrees that the Provider is entitled to accept advance payment in the platformwww.zeotech-gmbh.eufor the contracts concluded with the Consumer for purchase,sale  and delivery of goods.

(2)The Consumer independently chooses whether to pay the Provider via the platform www.zeotech-gmbh.eu the price for delivery of the goods before or at the time of delivery.

(3)In the event that the value of the Consumer's order is equivalent to, or exceeds BGN 10,000. - the payment shall be made only by transfer or deposit to the Provider's payment account.

7.4 (1) The Consumer shall have the right, undertaking no liability to pay any compensation or penalty and without giving any reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by the Provider by filling the withdrawal form available on the Provider's website on the platform www.zeotech-gmbh.euat Exercise your rights!and in Annex No. 1 to these General Terms and Conditions. Information on exercising the right of withdrawal is available at Exercise your rights!and in Annex 2 to these General Terms and Conditions.

(2)The right of withdrawal under para. 1 shall not be applicable in the following cases:

  1. for the delivery of custom made goods or goods, made according to the User’s individual requirements;
  2. for the delivery of goods which, by their nature, may deteriorate or have a short shelf life;
  3. for the delivery of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
  4. for the delivery of goods which, having been delivered, have by their nature become mixed with other goods from which they cannot be separated;
  5. for the delivery of sealed sound or video recordings or sealed computer software which have been unsealed after delivery, including activation codes for software licences, functions in software or virtual means of payment.

(3)When the Provider in the www.zeotech-gmbh.euhas not fulfilled its obligations to provide information as defined in the Consumer Protection Act, the Consumer has the right to cancel the concluded contract within one year and 14 days from the date of receipt of the goods. When the information is provided to the Consumer within the withdrawal period, such period starts from the date of the information is provided. The Consumer has the right to make the statement of withdrawal under this article directly to the Provider through the withdrawal form available on the Provider’s website in the www.zeotech-gmbh.euplatform inAnnex No. 1 to these General Terms and Conditions.

(4)Where the Consumer has exercised his right to withdraw from the distance or off-premises contract, the Provider shall refund all sums received from the Consumer, including delivery costs, without undue delay and no later than 14 days from the date on which the Provider was notified about the Consumer’s decision to withdraw from the contract. The Provider shall reimburse the amounts received using the same means of payment used by the Consumer in the initial transaction, unless the Consumer has expressly agreed to the use of another means of payment and provided that there is no cost to the Consumer.  

(5)Upon exercising the right of withdrawal, the costs for returning the delivered goods shall be deducted from the amount for refund under para. 4, unless when the Consumer arranges the return of the goods at the Consumer’s own expense. The Provider has no obligation to refund additional costs for delivering the goods when the Consumer has chosen a way of delivery other than the cheapest way of standard delivery, offered by the Provider.

(6)The Consumer undertakes to store the goods received by the Provider on the platform and to ensure the preservation of their quality and safety during the validity period under para. 1.

(7)The Consumer may exercise his/her right of withdrawal from the contract with the Provider by submitting a written statement to the Provider through the standard contract cancellation form available in Annex 1 to these General Terms and Conditions.

(8)When the Provider has not offered in the platform www.zeotech-gmbh.euto pick up the goods by arranging the transport by his own, the Provider may withhold the payment due to the Consumer until the receipt of the goods or until the Consumer provides proof that he/she has sent the goods back, depending on which of these two events has occurred first.

(10)Notwithstanding the above hypotheses, the Consumer undertakes to return the goods in a commercial condition which allows its subsequent sale unless the unpacking of the commodity leads to a clear breach of its proper commercial condition as, but not limited to, destructible box, hermetic packaging and other similar cases. In case of damage of the proper commercial condition of the commodity, the Provider is entitled, at its sole discretion, to refuse to accept a withdrawal from the contract or to charge the Consumer the costs for restoration of the proper commercial condition of the goods.

(11) In the case of exercising the right of withdrawal from the contract according to this Article, it shall be considered that the Consumer has also exercised the right of withdrawal in respect to the bonus content associated with the commodity.

7. 5(1)The delivery term is defined separately for each commodity at the time of conclusion of the contract with the Consumer through the Provider’s website on the platform www.zeotech-gmbh.eu

(2) In the event that the Consumer and the Provider on the platform www.zeotech-gmbh.euhave not set a delivery date, the delivery date of the goods shall be 30 calendardays from the date, after sending the order of the Customer to the Provider via the Provider's website on the platform www.zeotech-gmbh.eu.

(3)If the Provider on the platformwww.zeotech-gmbh.eucannot fulfill the contract due to the fact that the Provider does not have the ordered goods in stock, the Provider shall be obliged to notify the Consumer thereof and recover the amounts paid by the Consumer. 

7.6The Provider on the platform www.zeotech-gmbh.euundertakes to comply with all requirements laid down in Bulgarian legislation regarding the labelling, advertising and sale of food additives.

8. PERFORMANCE OF THE CONTRACT

8.1 (1)The Provider on the platform www.zeotech-gmbh.eumay organize the delivery and transfer of the goods to the Consumer by the respective courier within the delivery term specified at the time of conclusion of the contract.

(2)If the term under para. 1 is not explicitly agreed between the parties at the time of conclusion of the contract, the Provider shall arrange the delivery and transfer within a reasonable time.

8.2 (1)The Consumer shall review the goods upon delivery and transfer and, if they are not conforming, shall immediately notify the Provider on the platform www.zeotech-gmbh.eu

(2)If the Consumer does not notify the Provider on the platform www.zeotech-gmbh.eu according to para. 1, the goods shall be deemed to have been approved as complying with the requirements, except for hidden defects.

8.3The rules on commercial sales laid down in the Commercial Law and Consumer Protection Act shall apply for any cases not covered by this Section.

  1. PROTECTION OF PERSONAL DATA

9.1 (1) The collection, storage and processing of personal data shall be carried out in accordance with the Privacy Policy of Zeotech GmbH, available herePrivacy Policy.

(2)The personal data entered by the Users are subject to protection under the Personal Data Protection Act and the General Regulation 2016/679 as the Provider processes them for the purposes and within the time limits provided for in the Privacy policy.

(3)If the User agrees to the Privacy policy for personal data protection, the User expressly confirms that he/she agrees that the Provider stores information or gets access to information stored on the User's end device for the purposes and within the terms provided in detailin the Privacy policy. The User agrees that the Provider may also store or access information stored on the user's end device for other reasons specified in the Personal data privacy policy.

(4)The User or Customer agrees that the Provider of the platform www.zeotech-gmbh.eu has the right to send electronic messages at any time to the User or Customer, including a newsletters or proposals for purchase of goods while there is a registration of the User or the Customer in the electronic store of the Provider on the platform www.zeotech-gmbh.eu.

(5)The User or the Customer agrees that the Provider of the platform www.zeotech-gmbh.euhas the right to collect, store and processes data concerning the behavior of the User or the Customer when using the Provider's electronic store on the platformwww.zeotech-gmbh.eu. The User shall have the right to object to the retention or access to the information referred to in paragraph 3 in the manner set out in the Privacy policy for data protection.

9.2 (1)At any time, the Provider on the platformwww.zeotech-gmbh.eushall be entitled to require the User to identify the authenticity of each of the circumstances and personal data provided upon the registration.

(2)In case that, for any reason, the User has forgotten or lost his/her user name or password, the Provider shall be entitled to apply the “Lost or Forgotten Usernames and Passwords Procedure” available at: www.zeotech-gmbh.eu

  1. AMENDMENT AND ACCESS TO GENERAL TERMS AND CONDITIONS

Art. 25. (1)These General Terms and Conditions may be amended by the Provider on the platform, for which the Provider shall notify all registered Users in an appropriate way.

(2)The Provider on the platform www.zeotech-gmbh.eu and the User agree that any addition or amendment to these General Terms and Conditions will take effect against the User in one of the following cases:

A)following an explicit notification by the Provider on the platform www.zeotech-gmbh.euand if the User has not stated within the granted term of 14 days that he/she rejects them; or

B)after publishing them on the Provider’s website on the platform www.zeotech-gmbh.eu and if the User has not stated that he/she rejects them within 14 days of their publication;

C)with the explicit acceptance of the relevant addition or amendment by the User through his/her account on the Provider’s website on the www.zeotech-gmbh.euplatform.

(3)The User agrees that all statements made by the Provideron the www.zeotech-gmbh.eu platformregarding the modification of these General Terms and Conditions will be sent to the e-mail address specified by the User at the time of his/her registration. The User agrees that e-mails sent pursuant to this Article need not be signed with a digital signature in order to have an effect on him/her

Art. 26.The Provider shall publish these General Terms and Conditions at {terms_rul}, along with any additions and amendments thereto.

  1. TERMINATION

11.1These General Terms and Conditions and the User’s contract with the Provider on the platform www.zeotech-gmbh.eumay be terminated in the following cases:

  • after termination and declaration of liquidation or bankruptcy of one of the parties to the contract;
  • by written mutual agreement of the parties;
  • if it is objectively impossible for any of the parties to the contract to fulfill their obligations;
  • in case of confiscation or sealing of equipment by state authorities;
  • in case of deletion of the User’s registration on the platform www.zeotech-gmbh.eu.In this case, the concluded but not yet fulfilled purchase contracts remain effective and are subject to execution.

11.2The Provider is entitled, at its sole discretion, to terminate the contract unilaterally, without prior notice and without owing compensation, if the Provider finds that the User is using the www.zeotech-gmbh.euplatform in violation of these General Terms and Conditions, legislation of the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practice in e-commerce.

12. LIABILITY

12.2The User undertakes to indemnify and release the providers on the platform www.zeotech-gmbh.eu and the Provider from liability in case of legal claims and other claims of third parties (whether justified or not) for all damages and costs (including attorneys’ fees and legal costs) arising out of or in connection with (1) a failure to perform any of the obligations under this contract, (2) infringement of copyright, production or broadcasting rights or other intellectual or industrial property rights, (3) unlawful transfer of the rights granted to the User to a third party within the term and under the conditions of the contract and (4) misreporting of the consumer capacity within the meaning of the Consumer Protection Act.

12.3The Provider is not responsible in case of force majeure, incidental events, Internet problems, technical or other objective reasons, including rulings of the competent state authorities.

12.4 (1)The Provider shall not be liable for damages caused by the User to third parties.

(2)The Provider shall not be liable for material or non-material damage resulting in lost profits or damage caused to the User in the process of using or not using www.zeotech-gmbh.eu and conclusion of purchase and sale contracts with the Provider.

(3)The Provider shall not be liable for the time during which the platform was unavailable due to force majeure.

(4)The Provider shall not be liable for damages arising from comments, opinions and publications under the products, news and articles in the platform www.zeotech-gmbh.eu.

12.5 (1)The Provider shall not be liable in case of overcoming the security measures of the technical equipment and if this results in loss of information, dissemination of information, access to information, limitation of access to information and other similar consequences

12.6The Provider shall not be liable in case of conclusion of a purchase and sale contract, provision of access to information, loss or change of data occurring as a result of false legitimation of a third person claiming to be the User if the circumstances lead to the conclusion that this person is the User.

13.  FINAL PROVISIONS

13. 1(1)The User and the Provider on the platformwww.zeotech-gmbh.eushall be obliged to protect each other’s rights and legitimate interests, as well as to protect their business secrets, which have become known to them during the performance of the contract and these General Terms and Conditions.

(2)The User and the Provider undertake, during and after the expiry of the contract period, not to make the written or verbal correspondence between them available in the public domain. Publicly available could be publication of correspondence in print or electronic media, Internet forums, personal or public web sites, etc.

13.2 In case of a conflict between these General Terms and Conditions and arrangements in a separate contract between the Provider and the User, the provisions of the separate contract shall prevail.

Art. 35.Any invalidity of the provisions of these General Terms and Conditions will not invalidate the entire contract.

Art. 36.For any issues not settled in this contract, the laws of the Republic of Bulgariashall apply to the performance and interpretation of this contract.

Art. 37.These General Conditions shall enter into force for all Users of: www.zeotech-gmbh.eu

 


 

Annex 1 - Standard form for exercising the right to withdraw from the contract

 

Standard form for exercising the right to withdraw from the contract:

 

(fill in and send this form only if you wish to withdraw from the contract)

 

– To (ZeotechGmbH.):

- I/we hereby give notice thatI/we withdraw from * the contract concluded by me/us * for the purchase of the following goods* / for the provision of the following service*

- Ordered on* / received on*

- Name of consumer(s),

- Address of consumer(s),

- Signature of consumer(s) (only if this form is notified on paper),

- Date

------------------------------------------------------

* Delete as appropriate.

 


 

Annex 2 - Information on the exercising of the right to withdraw from the contract

Information on the exercising of the right to withdraw from the contract

Standard Guidelines:

  1. The right to withdraw from the contract concluded at a distance or outside the shopping facility.
  2. You have the right to withdraw from this Contract, without specifying the reasons for this, within 14 days.
  3. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier and indicated by you, acquiresphysical possession of the goods.
  4. To exercise your right of withdrawal, you must notify us using the contact data mentioned onwww.zeotech-gmbh.euabout your decision to withdraw from this Contract with anunequivocal statement (a letter sent by post, fax or e-mail).
  5. You can use the attached standard withdrawal form, but this is not a mandatory requirement. You can also fill in and submit electronically the standard withdrawal form or other unambiguous statement for withdrawal to our websitewww.zeotech-gmbh.eu. If you use this opportunity, we will immediately send you a confirmation message for receiving the withdrawal using a durable medium (for example, by e-mail).
  6. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercising of the right of withdrawal by you before the withdrawal period has expired.

            Effects of withdrawal

  1. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in all cases no later than 14 days from the date when you inform us of your decision to withdrawal from this Contract. We will make a refund to the bank account specified by you; in any event, you will not incur any fees as a result of such reimbursement.
  2. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
  3. You will have to bear the direct cost of returning the goods. It is expected that the cost will not exceed the approximate amount for delivery or the standard courier service.
  4. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the goods.

Further consumer information is available at: www.zeotech-gmbh.eu