In case of periodic violations of the present General condition by a Customer, “VM SHOP” EOOD has the right to refuse the execution of further orders.

Questions, queries and consultations of the Consumers can be made through the contact’s form on the website or by phone at +359 877 039 390, withing working hours  09:00 to 18:00 o’clock, Monday to Friday.

The present General conditions can be updated at any time, without the need to inform the Consumers. “VM SHOP” EOOD is not responsible in case Consumers have not reviewed updated of the site’s General conditions.

Reviewing and accepting the current General conditions by the Customers of the online store https://topoutlet.bg/ is required for establishing a contract for purchase-sale between “VM SHOP” EOOD and the respective Customer as well as for the delivery of the ordered goods.

Accepting the present General Conditions by the Customers is done by marking with a check the field “I have read and I accept the General Conditions” before completing and sending an order. Marking the indicated field represents an electronic statement according to the Code for trade from a distance. By accepting the General Conditions the consumer declares his consent to sign a contract for sales from a distance.

In case of a dispute, related to the purchase online, you can use the sie ot the European platform for online resolution of disputes.

 

Please, read carefully the entire General Conditions before using the informational and trade service, offered by the Site (called in short the Services)

The present document contains information about the activity of “VM SHOP” EOOD and the general conditions when using the services provided by “VM SHOP” EOOD, and are setting the grounds of our relations with all our Customers.

Confirming the General conditions is necessary and required action for concluding a contract between the Customer and the Trader.

By confirming the General Conditions, the Customer agrees with the processing of his personal data on the grounds of the made contract between himself and the Trader.

Definitions

For the purposes of the present General conditions the below stated terms shall be interpreted as follows:

 Website - topoutlet.bg and all of its pages.

Customer – all physical person, who purchases goods or services, which are not meant for trading or professional activity as well as all physical persons which is a party of a contract acts beyond the scope of his trade or professional activity.

 General conditions – the current General condition which include the conditions of use, cookies, registration and delivery rules, the voluntary resolution of disputes, forms to break the contract, substitutions and all other legally meaningful information which can be found on the Website.

Personal data – information about a physical person, which reveals his physical, psychological, mental, family, economic, cultural or social identity.

Goods – mobile material item, excluding the items sold under executive orders or other measures by authorized legal bodies, as well as items abandoned or removed by the state, announced for sale by state bodies. Goods are also water, gas and electricity, when they are sold, packages in a limited volume and in certain quantity.

Contract for sale – a contract by the power of which a trader transfers or commits to transfer the ownership of goods towards the Customer, while the Customer pays or commits to pay their price, including the contracts which include both goods and services.

Procedure for alternative resolution of Customers’ disputes – the procedure for out-of-court resolution of Customers’ disputes corresponding to the requirement of the same law and executed by the body for alternative resolution of Customers’ disputes.

Provided services

  1. On the Website the Customers have the opportunity to sign contract for the purchase and sale of the provided by the Trader goods

Order

  1. The Customers use the interface of the website in order to sign contracts with the Trader for the provided goods.

2.1. The contract for purchase-sale is considered concluded once the Trader confirms the order.

2.2. In case of lack of stock of some articles, the Trader reserved the right to reject the order.

 2.3. After choosing one or more items, offered on the website of the Trader, the Customer has to add them in the list of the items to be purchased.

2.4. It is necessary that the Customer provides data for the delivery and chooses method and moment of payment of the price, and then confirm the order via the interface of the website.

 2.5. Once the order is made, the Customer receives a confirmation via email, that his order has been received.

  1. The Trader has the right to refuse an order for an incorrect Customer.

3.1. The Trader has the right to treat a Customer as an incorrect one, when:

  1. Is present a noncompliance with the General Condition by the Customer
  2. Is confirmed an incorrect, arrogant or rude attitude towards representatives of the Trader
  3. Are confirmed systematic embezzlements by the Customer towards the Trader.

Prices

  1. The prices of the offered goods are the ones indicted on the website of the Trade at the moment of placing the order, except for the cases in which it is clear there is a mistake.

4.1. The prices of the goods include VAT in the cases in which its application is envisioned

  1. The Trader reserves the right to change at any time and without notice, the prices of the goods offered on the website, while such changes are to applicable for orders already made.
  2. The Trader can offer discounts for the goods offered on the website, according to the Bulgarian legislation and rules set by the Trader. The applicable rules for such discounts are available where the discount is indicated. Discounts can be offered in different forms (such as promotions, loyalty discounts, granted individually, on random principles or as a result of a participation in a competition or customer’s survey).

6.1. Different types of discounts cannot be combined when ordering and buying one and the same goods.

Payment

  1. When a Customer is returning goods with refund rights for the amounts paid, for whatever reason, the price subject to refund is decreased with the value of the discounts applied on the goods, and only the actually paid amount is refunded.
  2. The Customer can pay the price of the ordered goods using, by his choice, one of the provided on the website options. On the website are available the following payment methods:
  1. If the Customer chooses the option with a carrier and payment at delivery, he is to pay the price of the ordered goods together with the price of the delivery to the carrier at the moment of the delivery.
  2. If the Customer chooses a payment method which involves a third party – supplier of payment services, the Customer can be restricted by the conditions and the rules and/or fees of such third party.
  3. The Trader is not responsible in case a payment method involving a third party – provider of payment services, are not available or not functioning because of reasons which cannot be attributed to the Trader.

Cancellation of the contract and substitution

  1. The Customer has the right to cancel the contract without indicating his motives, without any forfeits or compensations due within 14 days starting from the date on which the goods were received by the Customer or by a third party.
  2. In order to exercise his right under this paragraph, the Customer need to inform without a doubt the Trader about his decision to cancel the contract, and to list the goods which he desires to return and to provide all necessary data for the made order and delivery, including but not limited to: contents and value of the order, data about the person who made the order, data about the person received the delivery, and the date of the delivery.
  3. The Trader published on the website a form through which can be exercised the right to cancel the contract.
  4. In order to exercise the right to cancel the contract, the Trader provides to the Customer the possibility to fill out and send electronically via the website the standard form for cancellation or another undoubtful declaration. In these cases the Trader is to send immediate confirmation, on a permanent carrier, to have received the cancellation
  5. The Customer is obligated to return the goods at his own cost mandatory together with the fiscal receipt and the invoice, if such is available, and to handle them to the Trader or to some authorized representative within 14 days from the date on which the Customer exercised his right to cancel the contract.
  6. When the goods are returned, they should be in their original packaging, without any signs of usage or damaged trade conditions.
  7. The Trader has the right to delay the refund of the amount until he received back the goods or until there is a proof of them being send, depending on which event comes first.
  8. In case the Customer does not comply with his obligation to return the goods, without informing the Trader and without indicating a valid reason for the same, is it so be considered that he has withdrawn his declaration of cancelation.
  9. In case the Trader has made expenses in order to execute the contract, the Trader has the right to keep the amount of these costs or to request their reimbursement.
  10.  The Customer does not have the right to cancel the contract in case the scope of the same is:
  11. The trader refunds to the Customer the amount paid for the returned goods.

Guarantees and claims

  1. The Customer has the right to create a claim for nonconformity of the goods or services compared to what was agreed upon/ordered, once the order is delivered and nonconformities with the contract for sale were identified.
  2. The Trader is not responsible for the natural wearing off of the goods.
  3. Each nonconformity of the consumer’s goods with the confirmed contract, which is identified within 6 months after its delivery, is considered existing at the moment of the delivery, unless it is proven that its lack is caused by the nature of the goods or the essence of the nonconformity.
  4.   има право на рекламация за всяко несъответствие на стоката или услугата с договореното/поръчаното, когато след доставката, са открити несъответствия с договора за продажба.
  5. The Customer cannot dispute the conformity of the goods with the contract when:
  6. At the moment of confirming the contract he knew, or it is impossible that he did not know, for the nonconformity.
  7. The nonconformity is caused by materials provided by the Customer
  8. The Customer has the right to raise a claim about the goods or the services regardless of whether or not the producer or the trader have provided commercial guarantee for the goods or services.
  9. In case satisfying the claims consists of substituting it with another item, which corresponds to the contract, the Trader is to preserve the initial guarantee conditions for the Customer.
  10. When raising a claim, the Customer can ask for a refund of the amounts paid, for a substitution of the goods with items corresponding to the contract or for a discount from the price.
  11. The claim is raised verbally on the indicated telephone number or in a written form via the indicated email, via post or directly deposited in the headquarters of the company. The Trader provides on his website a claim form.
  12. When raising a claim the Customer indicated the item to be claimed, his preferred way of satisfying the claims, respectively the amount of the claimed refund, as well as address, telephone and contact email.
  13. When raising a claim it is obligatory that the Customer provide also the documents related to the claim, precisely:
  14. Fiscal recepipt and invoie
  15. Protocols, deeds and other documents which certify the noncompliance of the items with the contract;
  16. Other documents which certify the claim’s motives and amount
  17. The claim can be raised within two years of the delivery of the goods but no later than two months from the identification of the noncompliance with the contract.
  18. The term is put on hold for the period needed to achieve an agreement between the seller and the Customer on the solution of the claim.
  19. If the Trader has provided a commercial guarantee whose terms is longer than the terms to raise a claim according to paragraph 1, the claim can be raised within the term of the commercial guarantee.
  20. Raising a claim is not an obstacle to raising a plaintiff.
  21. The Trader maintains an archive of all raised claims. The Customer receives on his email address a document which is indicating the registry number of his claim and the type of goods claimed.
  22. When the Trader satisfied the claim, he issues a deed in relation to this in two copies, one of which goes to the Customer.
  23. In case of a founded claim, the Trader amends the goods in compliance with the contract for sale within one month from the date on which the claim was raised by the Customer.

39.1. If the goods in not corrected after the expiration of the period from the previous paragraph, the Customer has the right to cancel the contract and to be refunded with the initially paid amount or to receive a discount of the price of the goods, according to art.114 from the Trade Code.

39.2. Amending the goods so that they correspond to the contract for sale is free of charge for the Customer. He is not to pay transport fees or materials or labor, related to the correction, and should not experience significant inconveniences.

  1. In case of nonconformity of the goods with the contract for sale and in case the Customer is not satisfied by the solution of the claim, he has the following alternatives:
  2. Cancelling the contrat and complete refund of th amounts paid
  3. Discount from the price
  4. The Customer cannot claim refund of the amounts paid or a discount from the price in case the Trader agrees to substitute the goods with other new items or to amend
  5. The Trader is obligated to satisfy the request for cancellation of the contract and to refund the amounts paid by the Customer in case he has already satisfied three claims by the Customer for repairing of the same product within the period of the guarantee and is present another noncompliance with the contract for sale.
  6. The Customer cannot claim cancellation of the contract in case the nonconformity with the contract is a minor one.

Intellectual property

 

  1. The intellectual property rights for all materials and resources placed on the website of the Trader (including the available data bases), are subject of protection by the Code for author’s rights and similar rights, belong to the Trader or to the indicated party which gave the Trader the rights to use, and cannot be used in violation of the active legislation.
  2. In case of copying or reproducing of information beyond the acceptable, as well as in case of any other violation of the rights of intellectual property over the resources of the Trader, the same has the right to claim a compensation for any direct or indirect damages in their full amount.
  3. Except for the cases in which it has been specifically agreed, the Customer cannot reproduce, change, delete, publish, share or announce in any other way the informational resources published on the website of the Trader.
  4. The Trader is obligated to ensure the possibility of the Customer to normally access the services provided.
  5. The Trader reserves the right to interrupt the access to the provided services. The Trader has the right, but not the obligation, to decide to delete informational resources or materials published on the site.

Cancelling and annulling the contract

  1. The Trader has the right, according to his judgement, without sending a notice, to cancel unilaterally the contract, in case he identifies that the provided services are used in violation of these General Conditions, the legislation of the Republic of Bulgaria and from the generally accepted good norms of behavior.
  2. Apart from the cases envisioned by these General Conditions, the contract between the parties is cancelled also in case the activity of the Trader is closed or the maintenance of his website is interrupted.
  3. Besides the above-mentioned cases, each party can cancel the contract with a one-week notice to the other party in case the contract has not been respected
  4. The written form of the contract is considered respected by sending a message to the email, clicking the electronic button on a page with content, which is to be filled or chosen by the Customer, or by checking a box on the website, as well as other similar actions, as long as the declaration is saved in a technical way, which gives the possibility to be reproduced.

 

Satefy clause

 The parties declare, that in case some of the clauses under the present General conditions proves to be null, this shall not be interpreted as annulation of the entire contract or other parts of it. The null clause shall instead be replaced by the imperative norms of the law or the established practice.

Changes in the general conditions

  1. The Trader is obligated to inform the Customers for each change of the present General condition within 7 days from the occurrence of the event at the emaild address provided by the Customer.
  2. In case the Customer does not accept the changes in the General Condition, the Customer has the right to cancel the contract without stating any reason and without owing compensations or forfeits. In order to exercise this right, the Customer shall inform the Trader within one month from the date on which he received the notice mentioned in the previous paragraph.
  3. In case the Customer does not exercise this right to cancel the contract following the process established in the present General conditions, is it presumed that the changes have been accepted by the Customer without objections.

Applicable legislation

  1. For all the questions not settled by the present General Conditions are to be applied the norms of the active legislation of Republic of Bulgaria.

Information on bodies, controlling the activity

The bodies which regulate the activity of the Trader are the Commission for the protection of the consumers (CPC) and the Commission for the protection of personal data (CPPD) which have the following contact details.

CPC:

CPPD

The Customers can use the European platform for online resolution of disputes (ORD) which is accessible at  / http://ec.europa.eu/odr / - a unified portal which allows Customers and trader in the EU to settle any arguments.

The Alternative resolution of disputes (ARD) between Customers and traders represents a process outside the courthouse which finds a peaceful settlement based on the principle of good will.

The Common settlement commissions are identified on regional principle, while the one which has the jurisdiction to settle the disputes between the Trader and the Customer is the Common Settlement commission with headquarters in Sofia and jurisdiction of actions on the territory of the province of Sofia.

The consolidated list of the recognized bodies for ARD for the country-members of the EU can be found at

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show