TERMS AND CONDITIONS OF USE
Please read carefully these GENERAL TERMS AND CONDITIONS of use of the website www.shop.tria.bg, hereinafter referred to as the WEBSITE, before using the WEBSITE.
I. GENERAL PROVISIONS
Article 1 (1) MITI Ltd, a company registered under the Commercial Act of the Republic of Bulgaria, having its registered address and head office in Burgas, 2А Serdika Street, Corporate ID: 147049628, uses the WEBSITE to sell products.
(2) These General Terms and Conditions regulate the relationship between MITI Ltd, as one party, and as the other party – any of the people who use the WEBSITE, hereinafter referred to as USERS. The relations between the parties regulated by these General Terms and Conditions as specified in the previous sentence, fall into two groups:
-relations arising out of the use of the WEBSITE and
- relations arising out of the purchase of products from the WEBSITE
Article 2. In order to use the services of the WEBSITE, you need to accept expressly these General Terms and Conditions. Such acceptance is confirmed by checking the box next to ‘I agree with the General Terms and Conditions of use’, whenever you are asked if you accept the General Terms and Conditions of use of the WEBSITE.
Article 3. The USER can use the services of the WEBSITE exclusively for personal / non-commercial purposes.
II. GENERAL DESCRIPTION OF THE SERVICES
Article 4. The WEBSITE offers the USER the opportunity to make online orders to buy products from the WEBSITE. It offers a wide range of reputable commercial brands with detailed descriptions and galleries, as well as the opportunity for fast and easy purchasing of any products you like and delivery to the address you specify.
Article 5 (1) The WEBSITE contains all kinds of offers related to the products. These offers may be classified and sorted according to different criteria at the discretion of the USER.
(2) The offers contain some basic information about the product (according to its type) and its price. The offered products are accompanied by photos.
(3) The price specified for a given product is for a single product.
Article 6. You can shop online from the WEBSITE either as a GUEST, or as a Registered User.
Article 7. (1) By registering an account using your email address, you will save yourself the trouble to enter your name, telephone number, and address every time you buy an item and will you also get some further privileges such as getting early newsfeed about all our special offers and discounts.
(2) The WEBSITE allows you to register as a legal entity, and for that registration you need to enter all company data required for issuing an invoice.
(3) When filling in the electronic registration form, the USER is required to disclose full and accurate personal details and other information specified in the electronic form, and to update all such data not later than 7 days after they have been changed.
If when filling in the electronic registration form, the USER supplies false data or fails to update the information within the timeframe specified in the previous paragraph, the WEBSITE will have the right to terminate immediately and without any notice the registration of the USER and his/her access to his/her account.
(4) Before submitting the registration form, the USER is free to change any information supplied in the form.
(5) After your registration is complete, you can change your details in the ACCOUNT section. You can change your delivery address either in ACCOUNT or in the Shopping Cart panel while you are placing an order.
V. PLACING ORDERS
Article 8 (1) The products selected by the USER must be added to the Shopping Cart.
(2) Adding a certain product to the Shopping Cart can be made by clicking on the name or picture of the specific product and then clicking on the ADD TO CART button.
(3) To view the products in his/her cart, the USER has to click on the SHOPPING CART button in the small window which comes up on the screen when the mouse is moved to the upper right corner of the WEBSITE.
Article 9. (1) You can place an order for a product by filling in a special form which can be found on the WEBSITE.
(2) The order form comes up on the screen when you click on the PAYMENT button in the SHOPPING CART section. In order to place the order, the USER has to fill in the empty fields, where the required spaces are marked with an asterisk (*). The USER may go back to a previous section of the order by clicking on the ‘Back to Shopping Cart’ button which can be found on the right side of the title of the section.
(3) The order automatically includes the type, quantity, and end price (inclusive of VAT) of the products contained in the Shopping Cart of the USER, which he/she added in the cart.
(4) When filling in the purchase order, the USER is required to provide true and accurate information.
Article 10. (1) The order is placed when you click on the FINALISE PURCHASE button.
(2) When a USER completes the process mentioned in the previous paragraph it becomes binding for him/her and indicates the consent of the USER to sign a contract with MITI Ltd under the terms and conditions specified in the order.
Article 11. Within 1 business day from receiving the order, a representative of MITI Ltd will send the USER an email to confirm the reception of the order or to notify the USER that the ordered item is not available on stock.
VI. CANCELLED DELIVERY
Article 12. MITI Ltd may cancel the delivery of an ordered item due to technical or organizational issues. The cancellation has to be expressly communicated to the USER by an email to the address specified by the USER.
VII. DELIVERY TERMS
Article 13. The delivery of a product ordered from the WEBSITE is carried out under the terms and conditions set out below.
Article 14. Deliveries will be carried out by Econt Express Ltd Courier Service.
Article 15. Deliveries in the territory of the Republic of Bulgaria are free of charge for orders exceeding BGN 150 (one hundred and fifty levs). For orders which cost less, deliveries are charged up to BGN 5.
Article 16. The products ordered by the USER will be delivered within 2 (two) business days from the date of the order, provided that the delivery address is valid and accurate.
Article 17. The ordered products will be shipped in appropriate packaging depending on their characteristic features and on the means of transportation.
Article 18. (1) The ordered products will be delivered to the address specified by the USER in the order placed by him/her.
(2) The USER is required to provide access and to receive the products at the address referred to in paragraph 1.
(3) If the USER cannot be found at the specified address within the delivery period, or if access is not provided as necessary in order to deliver the products, the order will be cancelled and MITI Ltd will no longer be responsible for the delivery.
(4) If the USER confirms his/her wish to receive the ordered product after the end of the delivery period during which he/she could not be found at the specified address, he/she will have to cover the charges for the second delivery at his/her own expense. The charges for the second delivery will be paid upon delivery, together with the total amount for the ordered items and the cost of the first delivery.
VIII. LEGAL GUARANTEE
Article 19. MITI Ltd reminds you of the availability of a legal guarantee of compliance of the product with the sale contract.
IX. REFUSAL TO ACCEPT DELIVERY AND RETURN OF DELIVERED PRODUCTS
Article 20. (1) Any USER who has placed an order to buy a product from the WEBSITE has the right to return the product only if:
1. If the delivered product is not the one ordered by the USER;
2. If the delivered product is defective;
3. If the product was damaged during shipping;
4. If the price the USER is required to pay is not the price specified on the WEBSITE;
5. If the product is delivered late.
(2) Apart from the cases listed in the previous paragraph, the USER will not have the right to refuse to accept and pay for the delivery of the product he/she has ordered. In case the USER refuses to do that, he/she will have to pay for the cost of the delivery and for the expenses made to return the product to MITI Ltd.
Article 21. (1) After receiving and paying for the product, the USER will have the right to return it to MITI Ltd and to get his/her money back, if:
1. If there is a defect or disparity which could not have been found during the initial routine inspection of the product;
2. If during the use of the product it is found out that it is defective and cannot serve its purpose;
3. In case of cancellation of the contract as provided for in paragraphs 25-28 of these General Terms and Conditions.
(2) The USER may exercise his/her rights under the previous paragraph only if he/she produces the receipt for the product.
Article 22. If there is a discrepancy between the ordered product and the delivered product, which could not have been detected upon delivery, the product will be replaced within 3 (three) business days after MITI Ltd receives a notice of the discrepancy from the USER via the special system which can be found in the COMPLAINTS section.
Article 23. (1) If the USER wants to have the product purchased from the WEBSITE replaced with the same item of a different size, or for a different item, the delivered product should be sent back by a courier service in compliance with the procedure described in the system for return and replacement of products at the expense of the USER, only if the product is in the condition it was delivered and has not been used, and its packaging and receipt have been preserved.
(2) The replacement item will be sent to the USER in compliance with the provisions of these General Terms and Conditions to the delivery address specified by the USER, at the expense of MITI Ltd, provided that the delivery qualifies for free delivery.
Article 24. (1) The USER will have the right to cancel the contract without specifying a reason for that and without owing any compensation or default payments, or paying for any costs, except for the expenses set out in Article 26, paragraph 2 and Article 27, within 14 days from the date when:
1. the USER or by any third party nominated by the USER, apart from the courier, accepts the delivery of the product, or
2. the USER or any third party nominated by the USER, apart from the courier, accepts the last delivery when the USER has ordered more than one product in the same delivery, which were delivered separately.
(2) MITI Ltd will provide to the USER the standard cancellation form in compliance with Annex 6 of the Consumer Protection Act. The form is attached as Annex 1 to these General Terms and Conditions.
(3) To exercise his/her cancellation right, the USER will have to provide his/her name, physical address, as well as his/her phone, fax, and email address, if any, and expressly communicate his/her decision to cancel the contract. The USER can exercise this right by filling in the standard cancellation form attached as Annex 1 to these General Terms and Conditions, or by communicating his/her express decision to cancel the contract in some other way.
(4) The decision to cancel the contract may be sent to the email address of MITI Ltd –firstname.lastname@example.org, or as a hard copy to the following address: Burgas, 2A Serdika Street.
(5) In order to meet the deadline for cancellation of the contract, the USER has to send his/her message before the expiration of the term for cancellation specified in Article 23, paragraph 1, items 1 and 2.
Article 25. (1) If the USER decides to cancel the contract signed between him/her and MITI Ltd, the latter will refund to the USER all payments already made, including the delivery costs (except any additional costs incurred in the method of delivery chosen by the USER, different from the cheapest standard delivery method offered by MITI Ltd), without any unnecessary delays, but in any case not later than 14 days after the date when the USER communicated to MITI Ltd his/her decision to cancel the contract. MITI Ltd will refund the payment using the same payment method as the one used by the USER in the initial transaction, except for the cases when the USER explicitly agrees to a different payment method; in any case the refund will not give rise to any costs for the USER.
(2) MITI Ltd will not be required to refund the additional costs incurred in the delivery of the products in the cases where the USER chose a delivery method different from the cheapest standard delivery method offered by MITI Ltd.
(3) MITI Ltd will have the right to postpone the refund of the payments until such time as the products are returned or the USER produces a proof that the products have been sent back, depending on which of these occurs sooner.
(4) If the USER cancels the contract, he/she has to send back or return in any other way the products to MITI Ltd or to 2A Serdika Street, Burgas, Bulgaria, without unnecessary delay, but in any case not later than 14 days after the date of delivery. The USER should have informed MITI Ltd of his/her wish to cancel the contract.
The deadline is met when the USER manages to return the products before the expiration of the 14-day period.
Article 26. If the USER decides to cancel the contract, he/she has to cover the direct costs involved in the return of the products.
Article 27. . If the USER decides to cancel the contract, he/she will be responsible only for the depreciation of the products as a result of testing/trial procedures which are different from what is necessary to determine their nature, characteristic features, and functions.
Article 28. Underwear and bathing suits cannot be returned or replaced.
X. PAYMENT METHODS
Article 28. The payment of the price of an ordered item is made in either of the two ways specified below, whichever is preferred by the USER:
1. Cash on delivery – the price is paid to the courier upon delivery.
2. Bank transfer
XI. INTELLECTUAL PROPERTY RIGHTS AND NEWS
Article 29. (1) The contents of the WEBSITE – databases, texts, galleries, charts, etc. are protected by copyright and other similar rights within the meaning of the Copyright Act and other acts, and by other rights secured by the Bulgarian Marks and Geographical Indications Act, held by MITI Ltd and/or its partners and suppliers.
(2) No parts of the WEBSITE can be reproduced in any way, for any purpose and on any medium or in any computer environment without the explicit consent in writing of the holder of the specific intellectual property right – MITI Ltd and/or its partners and suppliers. Any misuse of the contents of the WEBSITES will be regarded as a violation of the Copyright Act and other similar acts, the Bulgarian Marks and Geographical Indications Act and any other relevant laws in the Republic of Bulgaria.
Article 30. Any news items published on the WEBSITE are meant for personal information of the USERS. Their use for other purposes, such as publication, reproduction, any commercial use or disclosure to other parties, in part, as a whole, or in a processed form, without the explicit consent in writing of MITI Ltd, is strictly forbidden.
XII. UNACCEPTABLE BEHAVIOUR
Article 31. (1) The USER cannot undertake any actions which may violate the generally accepted rules of communication.
(2) The USER is not allowed to engage in any malicious acts – such as dissemination of viruses violating the rights and interests of MITI Ltd and/or any third parties.
XIII. PERSONAL DATA AND PROTECTION OF PERSONAL DATA
Article 32. (1) MITI Ltd is registered as a personal data administrator under the Personal Data Protection Act.
(2) The WEBSITES guarantee the integrity of the information containing personal data provided by the USERS in the registration forms. Disclosure of such information is only possible in cases where it is required by the governmental authorities or by other officials legally authorised to demand and collect information containing personal data, in compliance with the established legal procedure.
(3) MITI Ltd may use the statistical information reflecting the frequency of visits of the WEBSITE for the purposes of drawing up internal statistical reports and for the purposes of its marketing campaigns.
Article 33. (1) By accepting these General Terms and Conditions, the USER agrees with the handling of his/her personal data.
(2) The USER has the right to object to the handling of his/her personal data for direct marketing purposes by sending a message in writing to MITI Ltd at the contact address and email specified on the WEBSITE.
XIV. LIMITATION OF LIABILITY
Article 35. MITI Ltd are doing their best to provide true, accurate and updated information on the WEBSITE; however, this does not exclude the possibility of any incidental discrepancies or omissions.
Article 36. MITI Ltd cannot be held responsible for any consequences, including any damages arising out of the access, use, or unavailability of the WEBSITE for use.
Article 37. MITI Ltd cannot be held responsible for any information (including its truthfulness and accuracy), contained in other websites links to which are published on the WEBSITE.
Article 38. MITI Ltd cannot be held responsible for any inaccuracies in the information provided by the manufacturers about the specifications of a given product.
XV. CHANGES IN THE GENERAL TERMS AND CONDITIONS
Article 39. (1) MITI Ltd preserves its right to make any changes, at any time, in these General Terms and Conditions. Please remember to review the section regularly, because your access or use of the WEBSITE after a change is published with regard to the General Terms and Conditions, will be assumed as acceptance of the General Terms and Conditions in their current version published on the WEBSITE at the moment of your visit.
(2) In case of a change in the General Terms and Conditions, the updated General Terms and Conditions will not apply to any of the transactions related to the purchase of products from the WEBSITE for which the user has already placed an order.
Article 40. Within the meaning of these General Terms and Conditions, ‘cookies’ may contain random information selected by the server, and they are used for the purposes of supporting the HTTP transactions which are otherwise ‘without status’. They are used to ascertain the identity of a registered user of the WEBSITE, as part of the process of signing in or initial registration on the website; in that way the user is not required to enter his/her username and password with every subsequent access to the website. Another function of the cookies is support of the Shopping Carts with products selected for purchase from a given website over a single session, and for personalization of the WEBSITES (presenting different websites to the attention of different users), and for tracking the access of users to a given website.
XVII. FINAL PROVISIONS
Article 41. These General Terms and Conditions were adopted with Resolution of 15 December 2014 of the General Meeting of MITI Ltd.
Article 42. These General Terms and Conditions become effective on the day they are published on the WEBSITE.