General Terms and Conditions
I. GENERAL PROVISIONS
1. This document contains General Terms and Conditions under which the TRADER provides services and products to its users/clients through the Internet store www.zemja.eu. These terms and conditions are binding on all users. By clicking the I agree to the General Terms and Conditions (General Terms and Conditions) button, the user/client agrees, fully accepts and undertakes to comply with these General Terms and Conditions.
2. Identification of the user/client for the purpose of reproducing his statement both for accepting the General Terms and Conditions and for the order placed is carried out through the log files stored on the server of www.zemja.eu, storage of the IP address of the user/client, as well as any other information.
3. The products located on the website of www.zemja.eu do not constitute a legally binding offer, but are rather a demonstrative online catalog describing the product line of the trader.
4. After clicking the "order" button, users agree to purchase the goods in the "cart". This action has a legally binding force. The customer receives a confirmation of the order and upon receipt of this confirmation, it is considered that
the contract is concluded.
5. THE TRADER reserves the right to refuse delivery of a confirmed order in the event that the goods are not available. In the event of a lack of stock of the requested goods, within the working week THE TRADER shall notify the user/client of its exhaustion by sending a message to the e-mail address specified by the customer or to the specified telephone number. In the event that a transfer has been made to the merchant's account, the client will be able to choose between a refund, cancellation of the order or through a replacement order.
6. The contractual language is Bulgarian, and payments will be made in Bulgarian leva with VAT.
II. DELIVERY
1. The delivery price is not calculated in the price when ordering from the zemja.eu website. Its value depends on the courier company, delivery method and weight of the shipment chosen by the user/client. The client can familiarize themselves with the price lists of the two courier companies at the following addresses: Delivery by courier company Speedy - https://www.speedy.bg/ and for Delivery by courier company Econt - https://www.econt.com/.
2. The user/client bears the entire risk of damage/loss of the goods during delivery. Immediately after handing over the goods to the courier, the TRADER is released from the risk, which is transferred to the user/client. The TRADER is not responsible for any delay in the event that the delay is due to the courier or another supplier.
3. Immediately after delivery, the goods should be carefully inspected by the consumer/customer or a person authorized by him. Any damage, impacts and other damages should be reported immediately to the TRADER. In the event that damage is found to have occurred during the transportation of the goods, the TRADER is not responsible for warranty service of this goods. In cases where the TRADER has specified in writing a specific date and time for delivery, the statement has binding force. If an incorrect or wrong address, contact person and/or telephone number is specified when submitting the application, the TRADER is not
bound by any obligation to fulfill the order.
3.1. Upon delivery of the goods, the consumer/customer or a third party signs the accompanying documents. A third party is considered to be anyone who is not the holder of the application, but accepts the goods for delivery and is at the address specified by the customer. In case of refusal to receive the goods, except in the cases described below, the refusal is considered unfounded and the Customer is liable to pay the costs of delivery and return of the goods. In the event that the Customer is not found within the delivery period at the specified address or access and conditions for delivery of the goods are not provided within this period, the TRADER is released from its obligation to deliver the goods requested for purchase.
3.2. When the delivered goods clearly do not correspond to the goods requested for purchase by the Customer and this can be established by its simple examination, the Customer may request that the delivered goods be replaced with goods corresponding to the purchase application made by him within 24 hours of its receipt.
III. PRICES
1. The prices indicated on the site include VAT and do not include delivery (except for goods marked with free delivery). In case the goods are sent outside the territory of the Republic of Bulgaria, the consumer/client shall pay all customs and other fees related to export and delivery.
IV. RIGHTS AND OBLIGATIONS OF THE CONSUMER/CLIENT
1. The consumer/client has the opportunity to view and order the advertised goods on the Internet store www.zemja.eu
2. The consumer/client has the right to be informed about the status of his order.
3. The consumer is obliged to pay the price of his order according to the announced method on the website www.zemja.eu
4. Every consumer, regardless of whether he is a client of the TRADER, undertakes when using the services and products:
4.1. not to violate and to 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 acts;
4.2. not to harm the good name of another and not to call for a violent change of the constitutionally established order, to commit a crime, to violence against the person or to incite racial, national, ethnic or religious enmity;
4.3. not to violate other people's property or non-property, absolute or relative rights and interests, such as property rights, intellectual property rights, etc.;
4.4. to comply with Bulgarian legislation, applicable foreign laws, the rules of morality and good manners and Internet ethics when using the services provided by www.zemja.eu;
4.5. to immediately notify the MERCHANT of any case of a committed or discovered violation when using the services provided;
4.6. not to upload, send, transmit, distribute or use in any way and not to make available to third parties software, computer programs, files, applications or other materials containing computer viruses, unauthorized remote control systems ("Trojan horses"), computer codes, or materials designed to interrupt, hinder, disrupt or limit the normal functioning of computer hardware or software or telecommunications facilities or aimed at unauthorized penetration or access to foreign resources or software;
4.7. not to commit malicious acts;
4.8. to compensate the TRADER and all third parties for all damages suffered and lost profits, including any costs and paid attorney's fees, resulting from claims filed by and/or compensation paid to third parties in connection with Internet pages, hyperlinks, materials or information that the User has used, placed on the server, sent, distributed, made available to third parties or made available through www.zemja.eu in violation of the law, these General Terms and Conditions.
4.9. the client undertakes to indicate an accurate and valid telephone number, delivery address and e-mail address, to pay the price of the goods, to pay the costs of delivery, when the same is not free of charge and to provide access and the possibility of receiving the goods. In the event that it is not explicitly stated that the delivery is free of charge, the same is considered refundable.
V. RIGHTS AND OBLIGATIONS OF THE MERCHANT
1. THE MERCHANT does not have the obligation and objective opportunity to control the way in which users use the goods and services provided.
2. THE MERCHANT has the right, but not the obligation, to preserve materials and information located on the server of www.zemja.eu.
3. THE MERCHANT has the right at any time, without notifying the User/client, when the latter uses the services in violation of these terms and conditions, as well as at the discretion of the MERCHANT to terminate, suspend or change the services provided in connection with the use of the site. THE MERCHANT is not liable to users and third parties for damages and lost profits resulting from the termination, suspension, change or limitation of the services, deletion, modification, loss, unreliability, inaccuracy or incompleteness of messages, materials or information transmitted, used, recorded or made available through www.zemja.eu.
4. The TRADER, after receiving the payment, is obliged to transfer to the consumer/client the ownership of the goods requested for purchase by him/her, to deliver the goods requested for purchase on time, to check each item for technical serviceability before it is sent (if this is possible, without violating the integrity of the packaging).
5. The TRADER is not liable for damages caused by improper operation or improper storage. The advice, consultations or assistance provided by the TRADER's specialists and employees in connection with the use of the products by the consumers does not give rise to any liability or obligations for the TRADER.
6. The TRADER has the right to collect and use information relating to its Users/clients.
7. The information under the previous article may be used by the TRADER, except in the case of explicit disagreement of the User, sent to the following e-mail address zemja@yahoo.com The TRADER collects and uses the information to improve the services offered. All purposes for which the TRADER will use the information will be in accordance with Bulgarian legislation, applicable international acts and good morals.
8. The TRADER is not liable for failure to fulfill its obligations under this contract in the event of circumstances that the TRADER did not foresee and was not obliged to foresee - incl., cases of random events, problems in the global Internet network and in the provision of services beyond the control of the TRADER
VII. PAYMENT AND DELIVERY
1. DELIVERY OF ORDERED GOODS
1.1. After an order is placed by a User at www.zemja.eu, an e-shop consultant processes this order. The User receives confirmation by email of the successfully accepted order.
1.2. Delivery of ordered goods takes into account the working hours of the courier.
1.2.1. Regular delivery - within 5 working days from the moment of confirmation of the order (for large settlements).
1.3. The e-shop uses the services of the courier company "Speedy" and "Econt" for deliveries.
1.4. Delivery is made to the address specified by the User (regardless of whether it is residential or business) or to the courier's office.
1.5. The seller is released from the obligation to fulfill the requested delivery if you do not provide access to the given address or do not pick up the shipment on time (from the courier's office).
1.6. Delivery will be at the expense of the buyer, except for products marked with "free delivery"
2. PAYMENT
2.1. Payment for the ordered goods is made:
2.1.1. By "cash on delivery" - payment in cash to the courier upon delivery (Postal money order);
2.1.1.1. If it is necessary to return an amount paid in cash to the courier, the amount is refunded by cash on delivery upon return of the goods.VII. AMENDMENTS
1. The General Terms and Conditions may be amended at any time by the TRADER, who has the right to amend the characteristics of the services and goods provided, these General Terms and Conditions and on the basis of changes in the legislation. The TRADER undertakes to notify the User of the changes to the General Terms and Conditions by publishing a notice of the amendments in a prominent place on its website and giving sufficient time to familiarize themselves with them.
2. TERMINOLOGY
2.1. “User/Client” means anyone who has loaded the website www.zemja.eu on their computer.
2.2. “Order” means the selected goods and all other attributes related to the method of delivery and payment of the goods by the client/user.
2.3. The online store www.zemja.eu is the property of the TRADER.
3. All disputes between the parties are resolved in a spirit of understanding and good will. In the event that agreement is not reached, all unresolved disputes, including disputes arising from or relating to its interpretation, invalidity, performance or termination, as well as disputes to fill gaps in the contract or adapt it to newly arising circumstances, will be resolved by the competent court of registration of the TRADER, in accordance with Bulgarian law.