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General Terms

GENERAL TERMS ON THE USE OF THE INTERNET WEBSITE AND THE ELECTRONIC STORE OF IOW BULGARIA

I. GENERAL

1. The current General Terms shall regulate simultaneously both:

  • the rules regarding the use of the internet website https://e-iow.shop/ (The Site for short);
  • the concluding terms, content, and execution of the distance selling contracts through the Electronic store, which can be accessed at https://e-iow.shop/

2. The Site, as well as the electronic store, are maintained by Iow Bulgaria, with UIC 131111220, with VAT № BG131111220, having its seat in German village, and its management address at 3 Smrekata str. tel. +359 2 9928443, +359 2 9928261, fax +359 2 9928447, e-mail iow@iow.bg

3. The General Terms are binding and obligate all Buyers, as well as the persons who may visit and/or use the Site, register an account, and/or purchase goods through the Electronic store. With entering the Site, the persons who use it accept and agree to these General Terms, in their entirety, agree to keep to them in their version to the current moment.

4. The General Terms apply automatically to all the distance selling contracts, concluded through the Electronic store unless there is another valid contract between Iow Bulgaria and the Buyer, which may exclude or limit their application. The General Terms are not to be applied for the purchase of Goods, which are described on the Electronic store only by their catalog number or other identification, and regarding which an explicit inquiry is required to be made to Iow Bulgaria about their supply and/or characteristics.

5. In the case of discrepancy between the General Terms and the contents of a separate contract, concluded between the parties, the special conditions of the contract shall have superiority

6. The Site contains the basic characteristics or the Prices of the Goods. They can be changed unilaterally by Iow Bulgaria at any time. Due to technical reasons, some of them may contain errors.

 

II. DEFINITIONS

 

All throughout these General Terms, the below listed words and phrases shall have the meaning described hereto, either in singular or plural form, spelled with or without an article unless the context does not suggest a different meaning or such a meaning is not explicitly negotiated:

 

1. “Iow Bulgaria” – shall refer to the trader “Iow Bulgaria” Ltd., having its seat in German village, and its management address at 3 Smrekata str., tel. +359 2 9928443, +359 2 9928261, fax +359 2 9928447, e-mail iow@iow.bg

2. “Electronic store” – shall refer to the electronic platform, located on The Site which serves to provide, on the behalf of Iow Bulgaria, goods to be sold, orders to be executed, and payments to be made by the Buyer, and the conclusion of distance selling contracts in accordance to the current General Terms;

3. “Site” – shall refer to the internet page, maintained by Iow Bulgaria – https://e-iow.shop/ ;

4. “Buyer” – shall refer to every natural or legal person or another legal formation, which may use the Site and/or the Electronic store in any way whatsoever, including but not limited to looking them over, execute Orders, buys, pays for or returns goods and perform any other activities related.

5. “Consumer” – shall refer to each buyer – natural person, who has made an Order and has paid for goods, not for the purpose of exercising any commercial or professional activity, as well as any natural person, who as a side to a contract, acts outside his commercial or professional competence;

6. “Client” – shall refer to each buyer – legal or natural person, who is not a Consumer, who makes an Order and executes the payment for goods.

7. “Goods” – shall refer to each of the items offered by the Seller through the Electronic store;

8. “Buyer Profile” – shall refer to the part of the Site, consisting of an e-mail address, and a password, which allows the Buyer to send an Order, containing information regarding the Buyer, which they themselves have presented, when they registered for the Site, as well as the history of some of his actions on the Electronic Store (Orders, addresses, name, way of delivery, etc.)

9. “Delivery Price” – shall refer to the expenses made for transport and delivery of the Goods to the Buyer, appointed in Bulgarian lev, with included VAT;

10. “Price of the Goods” – shall refer to the singular price, or the price determined for a specific amount of Goods, in Bulgarian lev, including VAT as well as all other taxes. The Delivery Price is not included in the price of the goods.

 

III. PROFILE REGISTRATION

 

1. The Site and the Electronic store can be freely explored, without registration required.

2. The Order of Goods and the concluding of a contract for the sale and purchase of Goods between Iow Bulgaria and the Buyer can be performed without the need of having a Buyer Profile created.

3. The Registration of the Buyer Profile is done by following the steps below:

  • The Buyer fills out an electronic application for registration, with contents determined by Iow Bulgaria and available on the Site. The Fields, which are deemed mandatory to be filled, are marked with an asterisk.
  • The Buyer selects whether they are registering as a “private person” or a “company”. In the circumstance that the Buyer chooses to register as a “company” they must provide identification data for the legal person, more specifically – the name, UIC, VAT registration, and a materially liable person. Regardless of the provided information, the Buyer has the rights which the Consumers have by law, and in accordance with the current General Terms, only when it is deemed applicable by the Consumers Protection Act.
  • The Buyer clicks a button to confirm their Registration, and in response is sent an electronic message, to the e-mail that he has provided, to finalize the registration.

4. By confirming the registration the Buyer declares that the data he has offered and the information are true and complete and the agreement with this General Terms. In the case of change in the circumstances declared with the initial registration, the Buyer is obliged to bring his data up-to-date, at the latest before his next Order through the Electronic store.

5. Iow Bulgaria shall not be held liable for any incorrectly and/or wrongfully executed Order, including Orders or invoices left undelivered, due to the information provided by the Buyer. In these cases, the expenses for the return shipping to Iow Bulgaria or the repeated sending of goods to the Buyer are owed by the Buyer.

6. After finalization of the Profile Registration, the Buyer may verify their identity anytime they visit the Site by entering into the system for logging in the Buyer Profile an e-mail and a password.

7. The Buyer shall be entirely responsible to keep their e-mail and password, which are used to identify him for using the Site and the Electronic Store, a secret, they shall also be responsible for the actions of third parties using their data. The Buyer shall be entirely responsible for any damages which have occurred to him or to Iow Bulgaria, due to the wrongful use of their user name and password for access to the Electronic store by a third party.

 

IV. ORDERS AND CONCLUDING OF CONTRACT

 

1. The Buyer has the right to order all of the Goods, which are being offered to sale, through the Electronic Store, and which are being kept in stock, at the current moment. Orders can be carried out by the means of the Electronic store 24 (twenty-four) hours a day.

2. The Contract for the sale and purchase of Goods is concluded by and between the Buyer and Iow Bulgaria after the following procedure is completed:

  • A visit to the Electronic Store by entering the Site;
  • Selecting one or more of the Goods provided by Iow Bulgaria, and adding them to the virtual cart. Adding Goods to the cart does not reserve the Goods for the Buyer, neither does it register the Order;
  • Providing the necessary individualization data of the Buyer as a party to the contract or to enter the Buyer Profile;
  • Providing the data required for executing the delivery, in the circumstance in which they are not saved in the Buyer Profile;
  • Choosing a payment method;
  • Choosing the delivery method – courier;
  • Confirmation of the Order by the Buyer;
  • Iow Bulgaria representative contacting the Buyer via phone, to confirm the Order or to update it if required, including circumstances when the Goods are unavailable. Contact is made within 24 hours after confirmation of the Order by the Buyer. An order made on a non-working day (Saturday, Sunday, official or other holidays) this term is considered since the beginning of the first working day, following the day of the Order.
  • The Buyer receives an automatic e-mail on the address provided by them, with Order details.

 

3. The distance selling contract, between Iow Bulgaria and the Buyer, is considered concluded at the moment of the end of the phone call, which is used to clarify the final details of the Order made or the receiver of the e-mail for finalization of the Order – whichever moment comes later. The contract is concluded in Bulgarian and is stored in the database of Iow Bulgaria.

4. The Contract for the selling of Goods, concluded between Iow Bulgaria and the Buyer consists of the General Terms, as well as any other additional agreements which the party may have come into. In the circumstances in which an Order is made without a registered Buyer Profile, the Buyer accepts these General Terms at the moment of finalizing the Order.

5. Iow Bulgaria shall not be held liable in the circumstance that Goods which have been ordered are not available, and they keep the right not to deliver some or all of the Goods in the Order, due to various objective circumstances, including but not limited to having the Goods run out of stock.

6. Iow Bulgaria reserves the right to decline an Order made by the Buyer, for which they should be notified, if:

  • The issuing bank of the Client declines the transaction when paying online;
  • Providing incorrect data by the Client – the data is wrong or incomplete;
  • Systematic violation of the current General Terms by the Buyer.

7. The decline of order by Iow Bulgaria, due to the previous line does not invoke any sort of liability or following obligation of any one of the parties to the other and therefore none of them shall have the right to seek compensation from the other. In the circumstance in which Iow Bulgaria has already received payment by the Buyer, it shall be restored within 14 days of the discovery of the reason-giving Iow the right to decline the Order made, in case that the Goods have not been delivered.

8. For each selected and ordered Good, a separate contract between the Buyer and Iow Bulgaria is concluded. This includes Goods ordered by the means of a singular declaration.

9. The Buyer may agree to pay the price of the separate contracts for the sale and purchase of goods simultaneously at the execution of the Order for the Goods or at the time of their delivery.

10. Iow Bulgaria may organize simultaneous delivery of the Goods ordered with separate contracts of the sale and purchase of Goods.

11. The execution of any of the rights in connection to the Delivery of Goods, shall not interfere and shall have no power regarding the contract for the sale and purchase of the other Goods. By exercising the rights in accordance to the contract for the sale and purchase of Goods, the Buyer is obliged to describe accurately the Contract and the Goods regarding which they exercise their right.

 

V. PAYMENT

 

1. The Goods, provided by Iow Bulgaria and published on the Electronic store are with prices in Bulgarian lev (BGN). The prices are final and shall include VAT, as well as all other applicable taxes and fares, in accordance with the acting Bulgarian law.

2. The Payment of the Price is a necessary condition to transfer the property of the Goods to the Buyer.

3. The Buyer has the right to choose between the following payment methods, as the choice is made at the time of order:

  • Payment on delivery (in cash at the time of delivery). The payment on delivery is performed in Bulgarian lev, directly to the courier/delivery person at the time of receiving the Goods;
  • Via VPOS.

4. The payment methods above can be limited by Iow Bulgaria at any time

5. The payments with electronic monetary transactions and with debit cards are performed in accordance with the choice of the Buyer via authorized services. The payment is performed via a personal credit/debit card or another card, issued by Visa (Classic Electron) or Mastercard.

6. The Buyer agrees that Iow Bulgaria has the right to accept payment in advance for the concluded contracts for the sale and purchase of Goods and their Delivery.

8. In case that the cost of the order is equal to or exceeds the amount of BGN 10 000, the payment is carried out only through a wire transfer or a deposit made to a Iow Bulgaria payment account.

 

VI. DELIVERY TERMS

 

1. Delivery of the Goods shall be executed via a courier delivery service, chosen by the Buyer. The choice in question is to be made before the finalization of the Order.

2. Iow Bulgaria reserves the right to perform partial deliveries or to relieve itself of the obligation to deliver, in the circumstance in which the supply of the Goods in stock is not sufficient to satisfy the needs of all the Buyers, for which the Buyer shall be duly notified.

3. The Deliveries are to be made in terms, in accordance with the internal Goods delivery plan of Iow Bulgaria and the courier service chosen by the Buyer. The Goods are transferred by Iow Bulgaria to the courier chosen by the Buyer within two days following the finalization of the Order. This term can be extended in the circumstance that the Goods are not available, for which the Buyer shall be duly notified.

4. The specific delivery term depends on the discretion of the courier chosen by the Buyer. If necessary and if explicitly demanded by the Client, Iow Bulgaria shall provide way-bill data to the Client.

5. The price of the Goods, as presented on the Electronic store shall not include post and/or other transportation delivery expenses. The sum of the post and transport expenses are not determined by Iow Bulgaria, but instead by the tariff of the courier, chosen by the Buyer and is available to the Client when selecting the Goods for concluding the sale and purchase agreement and before the finalization of the order if it is possible for Iow Bulgaria to provide it.

6. The Buyer agrees to offer the necessary assistance to Iow Bulgaria and the courier in relation to the Delivery, as well as to notify them of any circumstances which may obstruct the proper delivery.

7. The delivery of Goods is available only for the territory of the Republic of Bulgaria.

8. The Buyer must check the Goods at the time of the delivery and of accepting it from the courier or post service, and if they do not cover the expected standards to notify Iow Bulgaria immediately.

9. The Goods are delivered in such quality and in such packaging, as agreed upon below, and in accordance to the normal commercial conditions.

 

VII. OWNERSHIP AND RISK

 

1. Ownership of the Goods is transferred from Iow Bulgaria at the time of their delivery to the Buyer after they have executed the required payment. The transfer of the Goods is verified by the signature of the Buyer, placed on the take-over certificate, as provided by the courier or postal service.

2. The risk of destruction/damages to the Goods, as well as the risk of any expenses which may have occurred in relation to the Goods, are transferred to the Buyer, at the moment of delivery of the Goods to the Consumer by the courier. The performed delivery is certified by a dispatch note signed by the two parties, take-over certificate, or another written document of equal standing. In the circumstance that the Goods are lost or damaged at the time of their Delivery, the Consumer may claim compensation from the courier or postal service.

3. The risk of destruction/damages to the Goods, as well as the risk of any expenses which may have occurred in relation to the Goods, including storage expenses, are transferred to the Client at the moment of delivery of the Goods from Iow Bulgaria to the courier.

4. The Buyer agrees that Iow Bulgaria has no obligation to ensure the Goods, including transport insurance.

 

VIII. RIGHT TO WITHDRAW

 

1. The Consumer reserves the right, without specifying a reason and without inflicting upon themselves any penalties and compensation to withdraw from the contract within 14 days following the date of the acceptance of the Goods, using the form to withdraw from the contract, available in Annex № 1 to the current Terms, or in the module available on the supplier’s website, if applicable. Information in regard to exercising the right to withdraw is available in Annex № 2 to the current Terms.

2. The right to withdraw applies only in regard to a contract, concluded between Iow Bulgaria and a Consumer in accordance with the Consumer Protection Act.

3. The right to withdraw is non-applicable in the following circumstances.

  • for providing services, where the service is provided in full and its execution has begun with the explicit preliminary consent of the Consumer and confirmation on their behalf that they are informed regarding them giving up the right to withdraw, following the full execution of the contract by the trader;
  • for delivery of goods or services whose price depends on the fluctuations on the financial market which cannot be controlled by the trader and which may occur within the term for exercising the right to withdraw;
  • for the delivery of goods, custom-made to fit the Consumer or in accordance to their individual demands;
  • for the delivery of goods, which due to their nature may deteriorate in quality or have a short shelf-life;
  • for delivery of sealed goods that are unsealed after their delivery and as such cannot be sent back due to hygiene or other health protection precautions (in-ear headphones, clothes, baby products, etc.)
  • for delivery of goods which after their delivery have mixed with other goods, due to their nature, and as such cannot be physically separated;
  • for delivery of sealed audio or video recordings, software, which are unsealed following the delivery, including software license activation codes, functions within software or virtual payment solutions. The performance of the contract for delivery of sealed audio or video recordings or sealed software (incl. content codes and digital content which isn’t on a physical body) which are unsealed after the delivery, begins at the moment of unsealing and the Consumer loses the right to withdraw after explicitly agreeing so.
  • for delivery of newspapers, periodic editions or magazines, excluding subscription contracts for the delivery of such editions;
  • for providing digital content, which is not provided on a physical copy, when the performance has begun with the explicit consent of the Consumer, who has verified that they are aware that by doing so they are giving up their right to withdraw.

4. When Iow Bulgaria has not performed its obligation to provide information in accordance to the Consumer Protection Act, the Consumer has the right to withdraw of the agreed-upon contract within a year and fourteen days following the date of receiving the Goods. When the information is provided to the Consumer within the term for withdrawal, the term for withdraw shall begin at the time of delivery. The Consumer has the right to file their declaration for withdrawing from the contract in according to this article directly to Iow Bulgaria, by using the form for withdrawal from the contract, available on the website and in Annex № 1 of the current Terms.

5. When the Consumer has executed their right to withdraw the distance selling contract or contract off-the-premises, Iow Bulgaria shall provide compensation for all the amounts received paid by the Consumer, without delay and no later than 14 days, following the date for which Iow Bulgaria has been notified for the Consumer’s decision to withdraw and in the circumstance that they had already received back the Goods, subject to the contract.

6. Iow Bulgaria shall reimburse the amounts received by bank transfer, or in the same card, with which the payment was performed unless the Consumer has expressed their explicit desire for an alternative payment method to be used, and the current sentence shall apply in the circumstance that the right to withdraw is exercised within 14 days of delivery of the Goods and the Goods have been sent back to Iow Bulgaria within these 14 days. In the circumstance that the Consumer wants the sums to be restored via mail order or bank transfer, the fee for the service that is applied by the courier/post service is owed by the Consumer and is determined by the courier/post service. Iow Bulgaria can in no way affect the fee in question, neither do they determine it or are profiting in any way by it.

7. In the circumstance in which the Goods that the Consumer has made a withdrawal from the agreed-upon contract within 14 following the delivery of the Goods, is paid via a card, the reimbursement of the sum paid shall be performed exclusively to the same card, with which the payment was performed.

8. In exercising the right to withdraw, the expenses for the returning of the delivered Goods are owed by the Consumer in accordance to art. 55, para. 2 of the CPA. Iow Bulgaria has no obligation to restore additional fees for the initial delivery of the Goods.

9. The Consumer is obliged to store the Goods received by Iow Bulgaria and to ensure their quality and safekeeping during the term in which they can exercise their right to withdraw from the contract.

10. The Goods in regard to which the right to withdraw is being exercised are to be sent without payment on delivery to the address of Iow Bulgaria, namely German village, postal code 1186, 3 Smrekata str. Goods sent with payment due on delivery shall not be accepted by Iow Bulgaria.

11. When Iow Bulgaria has offered to collect the Goods on their own, Iow Bulgaria can withhold from paying the amounts to the Consumer until after receiving the Goods or until the Consumer has presented proof that they have sent the goods back, depending on which of the two events occurs earlier.

12. The Consumer agrees to return the Goods in their proper commercial condition. The commercial condition shall mean a condition that allows for further sale of the Goods as new. The unboxing of the Goods should not have led to sufficient damages to the commercial condition of the Goods. In the circumstance that the commercial condition is indeed damaged, Iow Bulgaria retains the right to decline to accept withdraw from the contract or to apply additional expenses to the Consumer in regard to returning the Goods back to their commercial condition. In accordance with art. 55, para 4 of the CPA, the Consumer shall bear responsibility for the decreased value of the Goods, in relation to performed tests, other than the necessary to determine their nature, characteristics, and proper functioning.

13. When returning the Goods, the Consumer agrees to return it together in full, including all the applied documents – receipt, invoice, take-over certificate, warranty card (if applicable).

14. When a purchase is made by a legal person – Client, applicable shall be the Obligations and Contracts Act, which shall derogate the current Terms.

 

IX. EXAMINATION OF THE GOODS, CLAIMS, AND WARRANTIES

 

1. The Buyer has the right to demand the removal of any and all defects and losses of or to the account of Iow Bulgaria.

 

2. Specific conditions for Consumer

2.1 Consumers have a right to claims and warranty in accordance to the Customer Protection Act (CPA).

2.2. Whenever the Goods are used by a Consumer and they do not include a warranty card, the warranty is covered by Iow Bulgaria for the territory of the Republic of Bulgaria, in the legally set term of 24 (twenty-four) months starting from the moment the Goods are accepted by the Consumer. When the Goods include a warranty card, the terms and conditions of the warranty are disclosed within.

2.3. The Consumer has the right to claims, and when filing one, the complete bundle of documents (incl. receipt, invoice, take-over certificate, warranty card, etc.) as well as the Goods themselves are to be sent to the address in German village, postal code 1186, 3 Smrekata str.

2.4 Transportation fees for sending the Goods to Iow Bulgaria for warranty maintenance are to be paid by the Consumer.

2.5. The Consumer reserves the right to file a claim for each discrepancy between the Goods and the agreed-upon terms, including for second-hand goods, when after the delivery following the initial review, or the storage, mounting, testing, or exploitation discrepancies between the contract for sale are found. The claims regarding the Goods can be filed within a two years term following the Delivery of the goods, but no later than two months following the discovery of the discrepancy.

2.6. When filing a claim, the Consumer may demand that either the service be provided in accordance to the contract, the price be reduced or that the contract is terminated and the amount paid is restored.

2.7. The discrepancies are declared upon the receiver of the Goods by filling out the take-over certificate or within the term of the warranty period. For each filed claim a claim protocol is created which is then registered within the Filed claims registry.

 

3. Specific conditions for Client

3.1. In the circumstance in which no claims have been filed in writing by a Client at the time of acceptance of the Goods they are considered accepted without fault.

3.2. When it comes to due, accurate, and reasonable claims by Clients regarding discrepancies, Iow Bulgaria can at its own discretion (i) replace the contested Goods, (ii) complete the delivery with the missing Goods, (iii) reimburse the Client for the discrepancies or (iv) provide a discount off the price of the Goods.

3.3. When samples and Goods are sold with defects, the defects are to describe.

3.4. Iow Bulgaria is not to be held liable for defects that the Client has known about at the time of the sale.

3.5. Qualitative claims for defects that cannot be noticed in a usual review, due to their nature can be claimed in writing as soon as they are found, but no later than thirty days after they had been accepted.

3.6. Claims should be accompanied by the respective proof and any other relevant documentation. The parties sign a review report regarding the claimed defect and if disagreements arise regarding its content they shall revert to using an independent expert/expert committee. In the circumstance that defects are declared and filed within the provided term, Iow Bulgaria can at their discretion replace the defective Goods, reimburse the Client for the defects or provide a discount off the price of the Goods.

3.7. Claims for defects in certain Goods do not provide the Client with the right to decline additionally made Orders in regard to this or any of the other relations between them and Iow Bulgaria. Iow Bulgaria shall not be held responsible for defects that can be removed by the Client without any significant effort.

3.8. In the circumstance in which Goods with discrepancies are replaced, Iow Bulgaria sets a reasonable term in which it obliges to act regarding the contested Goods. If Iow Bulgaria fails to follow the term, the Client may return the Goods on their own to the address German village, postal code 1186, 3 Smrekata str..

3.9 Transportation fees for sending the Goods to Iow Bulgaria for warranty maintenance are to be paid by the Client.

3.10. Iow Bulgaria can provide warranties for the Goods which shall be explicitly stated within the individual agreement or other documents produced by Iow Bulgaria. The warranty extends only to manufacturing defects and discrepancies, existing at the time of delivery of the Goods and which may have appeared due to normal exploitation, on the territory of the Republic of Bulgaria. The warranty shall be void and the Client shall be obliged to pay the cost for repairs (service maintenance may be declined) in case that the damages are caused by:

  • misuse and/or incorrect storage;
  • damaged warranty stickers;
  • the product’s identification number (IMEI), the serial number, or the data-code, if applicable have been removed, deleted, damaged or unreadable in any way;
  • a drop, hit, pressure, or spilled liquids;
  • repair attempts by unauthorized persons or companies;
  • use of chargers, batteries, or peripherals, other than the ones available in the package;
  • malfunction in the electrical grid, incorrect connection to the power outlet, extreme environmental conditions or rapid changes in these conditions, natural disasters, and other force majeure circumstances.

 

X. TERMINATION

 

1. The present General Terms and the contract between the Buyer and Iow Bulgaria shall be terminated on any one of the following occasions:

  • termination, liquidation, winding up proceedings or death in either of the two parties;
  • by the mutual written consent of the parties;
  • by an objective impossibility of either of the two parties to fulfill their obligations;
  • seizure or foreclosure of the equipment by state authorities.

2. Iow Bulgaria reserves the right at their discretion, without prior notice or due compensation to terminate the contract unilaterally in the circumstance in which they discover that the Buyer is using the Site and/or the Electronic store in violation of these General Terms, the laws of the Republic of Bulgaria, the character references and the commonly accepted rules and practice for online commerce.

 

XI. LIABILITY

 

1. Iow Bulgaria shall not be held liable for failure to perform in the general sense, caused due to a force majeure event (random event or any other circumstance outside of the control of Iow Bulgaria, including obstructions and difficulties in the operating of suppliers, manufacturing or transport sectors, all sorts of restrictions, difficulties, regulations, and acts of state and municipal authorities, local and foreign, etc.) In the circumstance that a force majeure event should occur the Buyer does not have the right to cancel or decline the acceptance of a delivery performed with a delay. If due to the force majeure event any of the deliveries are delayed by more than 30 (thirty) days following the delivery term, Iow Bulgaria has the right at its own discretion, immediately after expiry of this term or later: (i) to terminate the Contract or (ii) to cancel the performance of a specific delivery with a notice with immediate effect.  If a force majeure event should occur, Iow Bulgaria shall notify the Buyer for the delay and for the expected delivery term as the Buyer shall not have the right to cancel or terminate the contract before the expiration of the additionally set delivery term.

2. The use, treatment, and processing of the Goods by the Buyer are performed at their own risk. Iow Bulgaria shall be held liable neither for the compliance of the delivered Goods with the aims for which the Buyer intends to use them nor for damages of any kind whatsoever which may have occurred due to the processing, treatment or use of the Goods in the general sense.

The Buyer agrees to check the compliance of the Goods with the purpose they may have in mind.

3. The Goods, presented by Iow Bulgaria are to a level of safety, in accordance to the acting regulations, safety passports, exploitation instructions, as well as any other written notice, taking into consideration the level of scientific and technological achievements. At the time of transferring the Goods, Iow Bulgaria presents to the Buyer documents which serve to prove the compliance of the Goods with the legal requirements (certificates, CE declarations, exploitation instructions, and other accompanying documents). Iow Bulgaria shall not be held liable for the Buyer’s actions regarding the applicable safety requirements and ecological regulations.

 

4. Liability within a contract with a Consumer

4.1. Iow Bulgaria shall be held liable for malicious or gross negligence caused damages, in violation of an essential contractual requirement and in accordance to the necessary legal rules of the acting law.

4.2. The Consumers shall not have the right to deduct any payment that they may have from the payments they owe to Iow Bulgaria, unless they are explicitly recognized in writing by Iow Bulgaria.

4.3. Iow Bulgaria shall not be held liable for failure to perform by courier, carrier or consignor or any of their subcontractors.

4.4. Iow Bulgaria shall not be held liable for a delay in acceptance or an unjustified decline of acceptance of Goods by the Consumer.

4.5. In the case of a delay in acceptance or an unjustified decline of acceptance of Goods, Iow Bulgaria reserves the right to decline entirely or partially deliveries, related to the specific contract and other relations with the Consumer and/or to terminate the contract without prior notice. If there is a delay in acceptance and/or an unjustified decline of acceptance of Goods, the Consumer shall cover all expenses Iow Bulgaria has made in connection to the unjustified decline and/or delay in acceptance of the Goods, including but not limited to the expenses for their storage and transport.

 

5. Liability with a contract with a Client

5.1 Iow Bulgaria as a trader of the Goods is liable only for maliciously or gross negligence caused damages, in violation of an essential contractual requirement. In the case of delay for delivery, the liability of Iow Bulgaria cannot exceed more than 5 % of the price of the delivery, in accordance with the issued invoice.

5.2. Iow Bulgaria shall not be held liable for a delay in acceptance or an unjustified decline of acceptance of the Goods. In the case of a delay of acceptance or an unjustified decline of acceptance of Goods Iow Bulgaria reserves the right to decline entirely or partially deliveries, related to the specific contract and other relations with the Client and/or to terminate the contract without prior notice. If there is a delay in acceptance and/or an unjustified decline of acceptance of Goods, the Client shall not be excused from their obligation to pay. The Client shall pay to Iow Bulgaria all expenses which have occurred in regard to the unjustified decline and/or delay of acceptance of the Goods, including but not limited to the expenses for their storage and transportation fees for delivery/delivery attempt.

5.3. In the circumstance of guilty delay for delivery the Client may provide Iow Bulgaria, through the means of a written notice, with an additional term after the expiration of which if the performance still has not been executed, they shall have the right to cancel the delivery with a notice with immediate action. The additional term cannot be set shorter than the delivery term.

 

XII. AMENDMENTS AND ACCESS TO THE GENERAL TERMS

 

1. The current General Terms can be unilaterally changed by Iow Bulgaria, for which the latter shall notify the Buyers in a reasonable manner.

2. The Buyer agrees that each amendment of these General Terms shall apply to them after they have been published on the Site of Iow Bulgaria.

3. Iow Bulgaria shall publish these General Terms on their Site, along with all other additional annexes and amendments made to them.

4. Iow Bulgaria shall have the right to unilaterally change the General Terms, including but not limited to changing the Goods, their specifications and characteristics, all of the Goods delivery conditions, and any other information which has been published on the Site.

 

XIII. MISCELLANEOUS

 

1. Iow Bulgaria and the Buyers agree to protect their respective rights and legal interests, as well as to protect their trade secrets which have became known to them in the process of executing the contract and these General Terms.

2. The Consumers agree that all of the information, as required by the Consumer Protection Act, can be provided through the interface of the Electronic store or the e-mail.

3. Iow Bulgaria agrees during and after the expiration of the contract to not publicly disclose written or verbal correspondence conducted between them. Public disclosure shall mean the publishing of correspondence in the press or in internet media, forums, private or public websites, and others.

4. In the case of a discrepancy between these General Terms and the negotiated provisions within a special contract between Iow Bulgaria and the Buyers, the provisions of the special contract shall have superiority.

5. For all matters which are not regulated by the present contract, in relation to the execution and the meaning of the contract, applicable shall be the laws of the Republic of Bulgaria.

6. The present General Terms shall come into force on the 01.05.2021

7. All legal proceedings with Clients shall be conducted and carried out in front of the competent court in the city of Sofia.

8. Supervisory authorities:

 

Commission for personal data protection

Address: Sofia, 2 Prof. Tsvetan Lazarov str.

Tel. 02 940 20 46

Fax 02 940 36 40

e-mail: kzld@government.bg kzld @cpdp.bg

website: cpdp.bg

 

Commission for Consumer Protection

Address: Sofia, 4A Slaveykov square, fl.3, 4, 6

Tel. 02/980 25 24

Fax 02/988 42 18

Hotline: 0700 111 22

website: www. kzp.bg

Annex №1 – Standard form to exercise the right to withdraw from the Contract

/APPLICABLE TO CONSUMERS/

 

Standard form to exercise the right to withdraw from the Contract:

 

(please fill out and sent the current form exclusively in the circumstance that you wish to withdraw from the Contract)

 

- To: Iow Bulgaria Ltd, having its seat in the village of German and its management address at 3 Smrekata str., with UIC 131111220:

 

- With the current I/we* notify you of my/our* withdrawal from the contract, in which I am/we are* a party, for the purchase of the following goods/for the providing of the following services*

 

- Ordered on/Received on*

 

- Name of the Consumer/s

 

- Address of the Consumer/s

 

- Signature of the Consumer/s (in the case that the present form is filled out on paper)

 

- Date

 

 

* the unnecessary part should be crossed out

 

 

 

Annex № 2 – Information in regard to the exercising of the right to withdraw from the Contract /APPLICABLE TO CONSUMERS/

 

Information in regard to the exercising of the right to withdraw from the Contract

 

General guidelines when withdrawing:

I. The right to withdraw from the contract from a distance or off-premises.

 

II. You have the right to withdraw from the current contract, without specifying your reasoning, within 14 days.

III. The term for withdraw is 14 days following the date in which you or a third party appointed by you, other than the carrier enters into possession of the Goods.

To exercise your right to withdraw, you should notify us of your name, geographical address, and if applicable – telephone number, fax, e-mail, and your decision to withdraw with an unequivocal declaration (i.e. letter, sent via mail, fax, e-mail).

You can use the standard form to withdraw, here applied, however, this is not mandatory.

To fulfill the term for the withdrawal from the contract it is necessary to have sent your message, regarding the exercising of your right to withdraw, before the expiration term for withdrawal from the contract.

 

IV. Action of the withdrawal

If you should withdraw from the current contract, we shall reimburse you for all payments we have received, made by you, including delivery expenses (excluding additional expenses, regarding a delivery method chosen by you, other than the cheapest standard method of delivery, that we provide), without inexcusable delay and in all circumstances no later than 14 days following the date of which you have informed us of your decision to withdraw from the current Contract. We shall perform the reimbursement by using the same payment method that you have used for the initial transaction unless you explicitly agree to a different method; in any case, this reimbursement shall not relate to any expenses for you. We reserve the right to delay the reimbursement of the payments until after we have received back the goods or until you provide us with sufficient proof that you have sent back the goods, whichever one of these events occurs sooner.

We expect you to send or return the goods to us without an inexcusable delay and in any case no later than 14 days following the day in which you have informed us of your withdrawal from the current contract.

The term is considered kept if the goods are sent back to us before the expiration of the 14-day term.

You shall have to take up the expenses for returning the goods. The expenses are expected not to exceed the approximate cost for delivery or the standard courier fare.

You are responsible for the decrease in the cost of the goods in relation to performed tests, other than the necessary to determine their nature, characteristics, and proper functioning.