I. GENERAL TERMS AND SERVICES
- The following document contains the General Terms and Services under which the TRADER provides services to its users/customers through the Mistral Bulgaria Ltd. online shop. These terms apply to all customers. With checking the “I agree” box, the users/customers fully agree with and are obligated to comply with these Terms.
- The identification of the users/clients for the purposes of their statement, acceptance of the General Terms and services and creation of an order is done by saving of log files on the Mistral Bulgaria Ltd.` servers, storing of IP addresses of the users/clients and any other information as well.
- The products which are available on the website of Mistral Bulgaria Ltd. don’t represent a legally binding offer but rather demonstrative online catalog describing the product line of the TRADER.
- After clicking the “Purchase” button the users agree to buy the goods that are in their ‘’basket’’. This action is legally binding. The clients receive confirmation of the order and with getting a receipt, the contract shall be deemed signed.
- The TRADER reserves the right to cancel the delivery of a confirmed order in case the goods are not available. If there is an absence of ordered goods in the storehouse within the workweek, the TRADER will notify the users/clients for their absence through the email or mobile number provided by the user. In case there is a financial transaction to the account of the TRADER, the client can choose between a refund, cancellation of the order or replacement order.
- The language used in the contract is Bulgarian and all payments are made in Bulgarian levs including VAT.
7. The users/clients bear the entire risk of damage/loss of the goods after the delivery. Immediately after the goods are transfed to a courier, the TRADER is released from the risk which is transferred to the users/clients. The TRADER does not bear any responsibility for a delay if it is caused by the courier or another provider.
8. Immediately after the delivery, the goods should be checked carefully by the users/clients or a person authorized by them. Possible damages, hit spots or other harms on the goods should be reported immediately to the TRADER. In case it is found out that damages have occurred during the transportation of the goods the TRADER is not responsible for warranty service on this product. In instances where the TRADER has set in writing a specific date and time for delivery, the statement is binding. If false or wrong address, contact person and/or phone number are provided during the creation of the order the TRADER is not bound by any obligation to perform the contract.
8(а). Upon delivery of the goods, the users/clients or third party sign the accompanying documents. As third party is considered anyone that is not the titleholder of the order but accepts the delivered goods and is at the address provided by the client.
In case there is a refusal for the acceptance of the goods other that are stated below the refusal is considered groundless and the client must pay for the costs of the delivery and return of the items. In case the client can’t be found at the time of the delivery on the provided address or there is no access or conditions provided for the delivery of the item, the TRADER is released from its obligation to deliver the ordered goods.
8(b). When the delivered goods do not correspond to the ordered from the client items and this can be proven from ordinary review the client may request the delivered goods to be replaced with the corresponding one from the order within 24 hours from the delivery.
III. WARRANTY DURATION
The TRADER offers warranty documentation for the purchased goods if such is provided by the manufacturer of the goods. In the documents are described: the address and telephone number of authorized repair services or manufacturer of the purchased goods, warranty conditions of the respective service centers or the manufacturer’s warranty on purchased items.
9. The prices listed on the site do not include packaging and transport to the customer’s address. Transport on the territory of Sofia city is free of charge. If the goods are sent outside the territory of the Republic of Bulgaria, the users/clients are responsible for the payment of all duties and others charges related to export.
V. RIGHTS AND OBLIGATIONS OF THE USER/CLIENT
10. The Users/clients have the opportunity to view and order the displayed goods in Mistral Bulgaria Ltd. online store.
11. The Users/clients have the right to be informed about the status of their order.
12. The Users/clients bear full responsibility for the protection of their username and password and for all acts performed by them or a third person using the username and password. Users are obliged to immediately notify the TRADER in case of unauthorized access using their username and password and whenever there is a risk of such use.
13. The user is obligated to pay the ordered items price according to the stated on Mistral Bulgaria Ltd. `s page way.
14. Any user, whether a customer of the TRADER is obliged when using the services:
- not to violate and to respect the fundamental rights, freedoms and human rights under the Constitution and laws of the Republic of Bulgaria and recognized international acts;
- not to affect the reputation of others and not to call for a forcible change of the constitutional order, crime commitment, violence on persons, racial, national, ethnic or religious hatred;
- not to violate the foreign tangible or intangible property, absolute or relative rights and interests, such as property, intellectual property, etc .;
- to comply with Bulgarian legislation, the applicable foreign laws, rules of morality and decency and netiquette when using the offered by Mistral Bulgaria Ltd. services;
- Immediately to notify the TRADER in case of violation done or found using the services provided;
- not to load, sent, transmit, distribute or use in any way and not to make available third-party software, computer programs, files, applications or other materials containing computer viruses, systems for unauthorized remote control ( “Trojan horses “), computer codes or materials designed to interrupt, hinder, distort or restrict the normal functionality of computer hardware, software or telecommunication equipment or aiming at unauthorized access to international resources or software
- not perform malicious actions;
- to compensate the TRADER and all third party persons for all caused damages and lost earnings, including all costs and paid legal fees occurred as a result of claims by and / or compensations paid to third parties in connection with web pages, hyperlinks, materials or information that the user has used, placed on server, sent, distributed, made available to third parties or made available by / site name / in violation of the law, these general terms, morality or netiquette;
14(а). The client is obliged to state precise and valid mobile number, shipping address and email address, to pay the price of the goods, to pay the delivery costs, when the same are not free, to provide access and opportunity to receive the goods. In case it is not clearly stated that delivery is free, it is considered compensable.
VI. RIGHTS AND OBLIGATIONS OF THE TRADER
15. The TRADER is not obliged and has no objective possibility to control the way consumers use the provided services.
- The TRADER has the right but not the obligation to keep materials and information located on Mistral Bulgaria Ltd.‘s server.
- The TRADER shall have the right at any time, without notifying the users/clients, if they use the provided services in violation of these conditions and at the discretion of the TRADER, to terminate, suspend or modify the services provided in connection with the use of the site.
The TRADER is not responsible towards users and third-party parties for any damages or losses occurred due to the termination, suspension, modification or limitation of services, removal, modification, loss, inaccuracy or incompleteness of messages, materials or information used, recorded or made available by / www.mistal.shop /.
17(а). After receiving the payment, the TRADER is obliged to transfer ownership to the users/clients for the acquired products, to deliver them within the stated time, to check the technical condition of every product before being send if it is possible without the destruction of the packaging.
- The TRADER is not responsible for any damages caused to the software, hardware or the telecommunication equipment, loss of data due to materials or resources searched, loaded or used in any way by the service. The advice, consultations or assistance provided by the experts and employees of the TRADER in connection with the use of services by the users does not give responsibility or liability to the TRADER. The Company is not responsible for mistakes in the manufacturer’s product information.
- The TRADER has the right to collect and use information related to its users/clients, whether they are registered or not.
- The information in the previous article may be used by the TRADER except in a case of disapproval of the User, sent to the following email address: email@example.com The TRADER collects and uses the information to improve its services. All purposes for which the TRADER will use the collected information will comply with the Bulgarian legislation, the applicable international agreements, and good manners.
- The TRADER is not responsible for the unfulfillment of the contract under occurrence of circumstances that could not be foreseen and is not obligated to foresee – including random events, problems in the global Internet network and the provision of services beyond the control of the TRADER.
- The TRADER is entitled to install cookies on the users’ computers. Cookies are text files that are saved from the internet page to the hard drive to of the users and may be used to recover information about them, the online pages they visited, hyperlinks which they use, the information they save and etc.
VII. PERSONAL DATA
- 23. The TRADER guarantees to its users/clients confidentiality over the provided information and personal data. The latter won’t be used, provided or brought to the attention of third parties outside the cases and conditions set out in these Terms and Conditions. The TRADER protects the personal data of the users/clients gotten to its attention through the filled online forms for orders, this obligation shall cease if the customer has provided false data. In compliance with the applicable law and the Terms and services of these General Terms and services, the TRADER may use the personal data of customers solely for the purposes specified in the contract. Any other purposes for which the data is used will be consistent with the Bulgarian legislation, the applicable international agreements, Internet ethics, morality, and decency.
23(а) The TRADER agrees 9not to disclose any personal information about customers to third parties – government bodies, companies, individuals and others, except when he has received the written consent of the Customer, the information is required by state bodies or officials, which under the current legislation are entitled to request and collect such information. The TRADER is obliged to provide information under the law.
- The general Terms and services may be modified any time by the TRADER who has the right to change the characteristics of the services provided and the terms and conditions according to changes in legislations.
The TRADER is obliged to inform the Users of any changes in the Terms and conditions by publishing a notice of the changes in a visible place on the web page and give them enough time to become familiar with them.
If in the given period if the users have not said that they reject the changes they will be deemed bound by them. If in the given period, the users state that they don’t agree with the changes the TRADER has the right to immediately suspend or terminate delivery of services to the consumer.
25. Under ”Users/Clients” the general Terms and services identify as everyone who visited the Mistral Bulgaria Ltd. online page from their computer.
26.Under “Order” the general Terms and services identify as the selected goods and all other attributes associated with the delivery and payment of goods by the customers/users.
27. The Mistral Bulgaria Ltd. internet shop is owned by the TRADER.
28. All disputes between the parties shall be resolved in the spirit of understanding and goodwill. In case no agreement is reached, all unresolved disputes, including disputes arising from or related to interpretation, invalidity, performance or termination, as well as disputes about filling gaps in the contract or its adjustment to new circumstances shall be resolved by the competent court for registration of a trade, according to Bulgarian legislation.
General conditions for trade and distribution at Mistral Bulgaria Ltd. General conditions for trade and distribution at Mistral Distribution Ltd.