GENERAL TERMS AND CONDITIONS
of online store https://oneconic
Art. 1. These General Terms and Conditions are intended for the regulation of the relations between “5 Avenue” EOOD, UIC 175035393, with headquarters and address of management in Sofia 1421, Lozenets district, 11 Slavishte Str., entrance B, floor 5, app. 16А, referred below as PROVIDER, and the customers, referred below as USERS, on the platform for e-commerce https://oneconic.com, referred below as “OneConic”.
ІІ. DETAILS OF PLATFORM SUPPLIER
Art. 2. Information under the Electronic Commerce Act:
- Name of Supplier: “5 Avenue” EOOD
- Headquarters and address of management in 11 Slavishte Str., entrance B, floor 5, app. 16A, Lozenets district, Sofia 1421, Bulgaria
- Address for the activity and address for consumer complaints: 11 Slavishte Str., entrance B, floor 5, app. 16A, Lozenets district, Sofia 1421, Bulgaria
- Correspondence data: 11 Slavishte Str., entrance B, floor 5, app. 16A, Lozenets district, Sofia 1421, Bulgaria, telephone number: +359 898 430 880, e-mail address: firstname.lastname@example.org
- Entry in public registers: UIC 175035393
- Data Controller Certificate: № 426088
- Supervisory bodies:
- Commission for Personal Data Protection
Address: 2 Prof. Tzvetan Lazarov Str., 1592 Sofia, Bulgaria, tel.: +359 2 91-53-518, fax: +359 2 91-53-525, Email: email@example.com, Web site: www.cpdp.bg
- Commission for Consumer Protection:
Address: 4A Slaveykov Sq., Floors 3, 4 and 6, 1000 Sofia, Bulgaria, tel.: +359 2 933 0565, fax: +359 2 9884218, Hot line: 0700 111 22, Web-site: www.kzp.bg
- Commission for Personal Data Protection
- Registration under the Value Added Tax Act № BG175035393.
III. PLATFORM CHARACTERISTICS of OneConic
Art. 3. OneConic is an e-commerce platform available online at https://oneconic.com, where is carried out commerce with glass bottles (hereinafter referred to as “Goods”), through which Users could enter into contracts for the purchase and supply of the Goods offered by merchants in the platform, and could also do the following:
- To register and create an account for reviewing OneConic and to use the additional information services for providision of information or to use the procedure “Order as a guest”;
- To review the Goods, their characteristics, prices and delivery terms;
- To conclude contracts for the purchase and sale of the goods offered by the Supplier through the platform OneConic;
- To make all payments in connection with Contracts concluded through the online store OneConic via the electronic payment instruments supported by the PayPal system or other electronic payment instruments available on the website;
- To receive information about new products offered by the Provider on the OneConic platform;
- To make electronic statements regarding the conclusion or performance of contracts with the Provider through the OneConic page interface available online at https://oneconic.com;
- To be informed of their legal rights, primarily through the interface of the online OneConic platform.
Art. 4. The Provider organizes the delivery of the Goods and guarantees the rights of the Users, provided by the law within the good faith, the criteria and conditions adopted in the practice, Consumer or Commercial law.
Art. 5. (1) The Users conclude with the Provider a contract for the purchase and sale of the goods at https://oneconic.com. The contract is concluded in Bulgarian and stored in the Supplier’s database in the platform.
(2) In order to have the contract concluded, the User makes an order after choosing a specific good and its quantity from the catalog of the website.
(3) Pursuant to this contract concluded with the Users, the Provider shall be obliged to organize the delivery and transfer of the ownership of the Goods to the User chosen by him via the interface in the platform. The Users have the right to correct mistakes when entering the information not later than the final statement for conclusion of the contract on the OneConic Platform’s.
(4) The Users shall pay the Supplier a remuneration for the Goods delivered under the terms and conditions set out in the OneConic Platform and these General Terms and Conditions. The payment is in the amount of the price announced on the online store.
Art. 6. (1) The User and the Provider agree that all statements between them in connection with the conclusion and execution of the Purchase Contract may be made online and by electronic statements within the meaning of the Electronic Document and the Electronic signature Act and Article 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users on the website are made by the persons whose data has been provided by the User when making a registration if the User has entered the respective user name and password for access.
IV. REGISTRATION FOR USE OF OneConic
Art. 7. (1) In order to use OneConic and to conclude contracts for the purchase and sale of Goods, the User shall enter a user name and password for remote access chosen by them, thereby to create their own account in the platform or to go through the procedure for “Order as a guest” from the Provider’s website, by which the client is deemed to have accepted these General Terms and Conditions.
(2) The name and password for remote access shall be determined by the User by making an online registration on the OneConic Platform’s website, in accordance with the procedure specified therein.
(3) By filling out their details and pressing the Registration button, the User declares that they are familiar with these General terms and conditions, agrees with their content and undertakes to comply unconditionally with them. The User is considered acquaintedwith these General terms and conditions and accept them if the client has gone through the “Order as a Guest” procedure.
(4) The Provider shall confirm the registration made by the User by sending a letter to an e-mail address indicated by the User. An Account of the User is created and between him and the Provider a contractual relationship arises.
(5) When making the registration, the User undertakes to provide correct and up-to-date data. The User is obliged to update the data specified in their registration or order in a timely manner.
(6) For making an order in the website the User may use “Order as a guest”, which does not require registration or creation of account in the online store.
V. TECHNICAL STEPS TO CONCLUDE A PURCHASE CONTRACT
Art. 8. The Users use the interface of the OneConic Platform’s providers’s website to enter into contracts for the purchase and sale of the goods offered by the Provider in the OneConic platform.
Art. 9. Users conclude the contract for the purchase and sale of the goods with the Provider in the following procedure:
(1) Entering the system for making orders on the website of OneConic;
(2) Select one or more of the Goods offered by the Provider and add them to a purchase order list, with indicating the number for purchase;
(3) Providing the necessary data for the individualization of the User as a party to the contract;
(4) Providing data for delivery;
(5) Choice of method and time for payment of the price;
(6) Confirmation of the order.
VI. CONTENT OF THE CONTRACT
Art. 10. (1) The Provider and the Users shall conclude separate individual contracts for the purchase and sale of the goods requested by the Users, regardless of the fact that they have been chosen with one electronic statement and from one list of goods for purchase.
(2) The Supplier may organize together and simultaneously the delivery of the Goods ordered by the individual purchase contracts.
(3) The rights of the Users in connection with the supplied goods shall be exercised separately for each purchase contract. The exercise of rights in relation to a delivered good does not affect and has no effect on the contracts for the purchase and sale of the other goods.
(4) In case the User has the quality of a consumer within the meaning of the Consumer Protection Act, section VII of these General Terms and Conditions shall apply.
Art. 11. In exercising the rights under the contract of sale, the User is obligated to indicate precisely and unambiguously the contract and the goods in respect of which the rights are exercised.
Art. 12. The User may pay the price for individual purchase contracts at once when the goods are delivered or when they are delivered in any of the following ways:
- by bank transfer, or
- by the PayPal system.
VII. SPECIAL CLAUSES APPLYING TO PERSONS WHO ARE CONSUMERS UNDER THE LAW OF CONSUMER PROTECTION
Art. 13. The provisions of this Section VII of these General Terms and Conditions shall apply only to Users for whom, according to the data specified for the conclusion of the purchase contract or upon registration in OneConic, it can be concluded that they are consumers under the meaning of the Consumer Protection Act, the Electronic Commerce Act and / or Directive 2011/83/ EC of the European Parliament and of the Council of 25 October 2011.
Art. 14. (1) The basic features of the goods offered by the Provider in the OneConic platform are defined in the profile of each item.
(2) The value of the postal or transport costs not included in the price of the goods shall be determined by the Provider and shall be provided as information to the Users when selecting the goods for the conclusion of the purchase contract.
(3) The terms of payment, delivery and performance of the contract are set out in these General Terms and Conditions and the information provided to the User through the mechanisms in the OneConic platform.
(4) The information provided to the Users under this Article is up-to-date at the moment of its visualization on the OneConic platform prior to the conclusion of the purchase contract.
(5) Users agree that all information required by the Consumer Protection Act may be provided via the interface of the OneConic platform or e-mail.
(6) Discounts, promotions and gifts are provided by the Provider to the Consumer in compliance with the requirements of the Consumer Protection Act and according to the conditions for the respective goods announced by the Provider through the online store.
Art. 15. (1) The User has the right to choose one from the following ways for payment of the ordered goods:
- by PayPal, or
- by bank transfer.
(2) In the event that the value of the Order of the User is equal to or exceeds BGN 10 000, payment shall be made only by transfer or payment to the Provider’s payment account.
Art. 16. (1) Shipping costs for all orders within the EU is free of charge (standard delivery option only).
(2) Terms and costs for the goods delivery outside the EU countries are available on the OneConic Platform’s website at https://oneconic.com/delivery/.
Art. 17. The Goods delivery shall be performed to the specified by the User office address of the provider of courier services.
Art. 18. (1) The consumer shall be entitled, without due compensation or forfeiture and without giving any reason, to cancel the concluded contract within 14 days from the date of receipt of the Goods through the single withdrawal form of the contract available on the OneConic Platform’s website at https://oneconic.com and in Annex № 1 to these General Terms and Conditions. Information on the exercise of the right of withdrawal is available at https://oneconic.com and in Annex № 2 to these General Terms and Conditions.
(2) The right of withdrawal under point 1 shall not apply in the following cases:
- for the supply of food supplements;
- for the delivery of goods, made to the consumer’s specifications or according to their individual requirements;
- for delivery of goods which, by their nature, may deteriorate or have a short shelf life;
- for the supply of sealed goods which have been printed after delivery and can not be returned for reasons of hygiene or health protection;
- for the supply of goods which, after having been delivered and by their nature mixed with other goods from which they can not be separated;
- for goods, received as a gift or as an addition of a promotional campaign;
- for goods, which after their receipt from the Consumer have been unpacked in such a way that their commercial appearance is disturbed and have been tested in such a way that it does not allow them to be offered again to other customers in the online store due to a breach of their commercial appearance;
- for the supply of sealed sound recordings or video recordings or sealed computer software that have been printed after delivery;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
(3) The Consumer may exercise its right of withdrawal with the Provider by making a written statement to the Provider through the standard withdrawal form available at https://oneconic.com on the OneConic platform and in Annex № 1 to these General Terms and Conditions.
(4) In addition to the right of withdrawal, the Consumer is also entitled to a 2-year law guarantee of compliance of the goods with the sales contract guaranteed by the Consumer Protection Act.
Art. 19. (1) Where the Consumer has exercised his/her right of withdrawal from the distance or off-premises contract, the Consumer shall return the delivered goods to the Provider in a commercial appearance no later than 14 days from receipt of the goods.
(2) All costs of returning the Goods from the Consumer to the Provider are entirely at the expense of the Consumer.
(3) The Consumer may use a courier of their choice to return the Goods and all expenses regarding the returning are entirely at their expense.
(4) The Consumer undertakes to store the Goods received by the Provider and to ensure the preservation of their quality and safety during the period under paragraph 1.
Art. 20. (1) Where the consumer has exercised their right of withdrawal, the Provider shall reimburse all paid sums until 14 days after the receipt of the returned goods, credited to the payment method with which the original purchase was made, and subject to the following requirements:
- upon returned and received by the Provider goods in a good commercial form, without visible pollution and/or damages, due to use or other circumstances;
- upon provision of a receipt for the purchase of the goods.
(2) The Consumer shall review the Goods for compliance with the order directly in front of the official courier company. If the Consumer has no objections towards the goods, the Consumer is deemed to accept the delivery as corresponding to the order.
(3) The reimbursement of the paid sums in the event of withdrawal from the contract subject to the conditions under para 1 shall be performed only by the payment method with which the original purchase was made.
Art. 21. (1) The Consumer is entitled to bring their claim for replacement of the purchased goods within 30 days term from receipt through the return form (Annex № 3), in case that the received goods do not correspond to the goods ordered for purchase or have a manufacturing defect.
(2) The Consumer shall bring the purchased goods for return not later than 30 days from receipt and must presents a receipt for the purchased goods.
(3) The Provider is entitled to refuse to accept the brought return if it ascertains pollution or damage to the goods and also if it is not returned in its original packaging.
(4) The Provider shall replace the purchased goods with others from the same type and quality, or in an absence of such – with goods by choice of the customer for the same amount. In case that the goods were in promotion at reduced price, the customer is entitled to replace the goods with others at the same price, which the customer actually paid to the Provider.
(5) Goods from the category food supplements are not subject to replacement, except when the goods do not correspondent to the goods ordered for purchase under Art. 21, para 1 above.
Art. 22. (1) Orders conducted on the OneConic Platform’s website are confirmed, processed and shipped by the Supplier within 1 to 3 business days from the date following the submission of the order to the Supplier via the OneConic Platform’s website.
(2) For orders made on Friday after 2 pm, Saturday and Sunday, as well as on official holidays, the processing time under para 1 starts from this day.
(3) The term of delivery of the goods is determined for each product individually upon conclusion of the contract with the consumer through the website of the Supplier on the OneConic platform.
(4) If the User and the Provider have not set a delivery time, the delivery period of the goods shall be from 1 to 5 business days from the date following the submission of the order to the Supplier via the OneConic Platform’s website.
(5) Terms and costs for the goods delivery outside the Republic of Bulgaria are available on the OneConic Platform’s website at https://oneconic.com.
(6) If the Provider is unable to fulfill the contract because it does not have the ordered goods at its disposal, it is obliged to notify the consumer and recover the sums paid by him.
VIII. IMPLEMENTATION OF THE CONTRACT
Art. 23. The Provider may organize the delivery and the transfer of the Goods to the User by a courier within the delivery date set at the conclusion of the contract.
Art. 24. (1) The User shall review the Goods at the time of delivery and transfer and, if they do not meet the requirements, shall immediately notify the Provider. In the event of absence of notification under this article, the Goods are deemed to meet the requirments at the time of the delivery.
(2) If the User does not notify the Provider in accordance with para 1 the Goods are deemed to have been approved as complying with the requirements, except for hidden defects.
(3) Claims for missing goods or goods with a visible defect shall be accepted by the Provider only if they are presented at the moment of receipt of the goods and in the presence of the courier who delivered the goods, which shall be certified in writing by signature of the User and the Courier.
Art. 25. For the cases not covered by this section the commercial sale rules specified in the Commerce Act and Law on Obligation and Contracts shall apply.
IX. PERSONAL DATA
Art. 26. (1) The Provider takes all necessary measures to protect the personal data of the User in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 regarding the privacy protection of individuals, the processing of personal data, the free movement of such data and the repeal of Directive 95/46 / EC (GDPR) and the Personal Data Protection Act.
(2) Due to security considerations regarding the User’s personal data, the Provider will only send the data to an e-mail address that was designated by the Users at the time of registration.
(3) The Provider is entitled to store data in the End User Communication Device unless the User explicitly disagrees.
(4) The User agrees that the Provider is entitled to send electronic messages to the User at any time, including a newsletter or offers for the purchase of goods, while the User is registered in the e-shop of the Provider.
(5) The User agrees that the Provider is entitled to collect, store and process data about the User’s behavior when using the OneConic.
Art. 27. At any time the Provider shall be entitled to require the User to identify and certify the authenticity of any of the circumstances and personal data announced during the registration.
X. AMENDMENT AND ACCESS TO GENERAL CONDITIONS
Art. 28. (1) These Terms and Conditions may be amended by the Provider, for which the latter shall inform in a suitable manner all Users of the Service.
(2) The Provider and the User agree that every supplement and amendment of these Terms and Conditions shall have effect to the User in the following cases:
- upon express notification by the Provider and if the User does not reject them within 14 days;
- after their publication on the OneConic platform and if the User does not reject them within 14 days of their publication;
- with its explicit acceptance by the User through its profile on the Provider’s website.
(3) The User agrees that all statements made by the Provider in connection with the modification of these terms and conditions will be sent to the e-mail address indicated by the User upon registration. The User agrees that emails sent pursuant to this Article do not need to be signed with an electronic signature in order to have an effect on him.
Art. 29. The Platform Provider publishes these terms and conditions at https://oneconic.com, along with any additions or amendments thereto.
Art. 30. These General Terms and the User Agreement with the Supplier in the OneConic Platform are terminated in the following cases:
- upon termination or liquidation/bankruptcy of one of the parties to the contract;
- by mutual agreement of the parties in writing;
- in case of an objective impossibility of one of the parties to the contract to fulfill its obligations;
- in case of seizure or sealing of equipment by state authorities;
- in case of deletion of the registration of the User at the website of the Provider. In this case the concluded but not yet executed sale-purchase contract shall remain valid.
Art. 31. The Provider is entitled by its sole discretion to send a notice and without owing compensation to unilaterally terminate the Contract, in case it finds out that the provided services are being used in violation of these Terms and Conditions, the Policies established by the Provider, the legislation of the Republic of Bulgaria, the common moral norms or the general terms and conditions for use of the service “Online shop”.
Art. 32. The User shall be obliged to compensate the Provider in case of court claims and other claims of third parties (regardless of their validity) for all damages and expenses (lawyer fee and court taxes included) that result from or are related to (1) non-fulfilment of any of the obligations according to this Contract, (2) violation of copyrights, rights of the producer, rights of broadcasting or other rights of intellectual property, (3) unlawful transfer to other persons of the rights given to the User for the term and under the conditions of the Contract and (4) false legitimation of a third person that presents himself as the User under Consumer Protection Law.
Art. 33. The Provider shall not be liable in cases of inability to execute its obligations due to force majeure, chance event, issues on the Internet, technical or other objective reasons, including rulings of the competent state authorities.
Art. 34. (1) The Provider shall not be liable for damages caused by the User to third parties.
(2) The Provider shall not be liable for the material and non-material damages, consisting of lost profits or suffered damages, incurred by the User in the process of use or non-use of the Service.
(3) The Provider shall not be liable for the non-fulfillment, fully or partially, of the obligations and commitments in case of force majeure.
(4) The Provider shall not be liable for damages caused by the User by posting comments, opinions and publications beneath the products on the online store.
Art. 35. (1) The Provider shall not be liable in case the security measures of the technical equipment through which the Service is being provided, have been overcome and this results in loss of information, distribution of information, restriction of the access to information, changes in the information published on the websites of the User and other similar consequences.
(2) The Provider shall not bear responsibility in case of provision of access to information, loss or change of data and parameters of the Service, occurred as a result of false legitimation of a third person that presents himself as the User, if from the circumstances can be concluded that this person is the User.
XIII. OTHER PROVISIONS
Art. 36. (1) The User and the Provider shall be obliged to mutually protect their rights and legal interests, as well as to keep their commercial secrets, that became known in the process of execution of the Contract and these Terms and Conditions.
(2) The User and the Provider shall be obliged during and after the expiration of the Contract not to make publicly known any written or oral correspondence between them. For publicly known can be considered the correspondence published in print or electronic media, Internet forums, private or public websites, etc.
Art. 37. In case of controversy between these Terms and Conditions in a specific Contract between the Provider and the User, the provisions of the specific Contract shall prevail.
Art. 38. The possible invalidity of any of the provisions of these Terms and Conditions shall not lead to invalidity of the whole Contract.
Art. 39. (1) For all issues not specified in this Contract related to the implementation and interpretation of these Terms and Conditions, the legislation of the Republic of Bulgaria and the Policies of the Provider shall be applicable.
(2) All disputes raised by or related to these Terms and Conditions may be referred to the website https://webgate.ec.europa.eu/odr/main/?event=main.home.show. In case that the disputes cannot be settled in a friendly manner by the Provider and the User through negotiations the parties shall referr for resolution to the Bulgarian civil court and the applicable law shall be the Bulgarian legislation.
Art. 40. These Terms and Conditions enter into force for all Users on 24.05.2018.
Appendix № 1 – Standard form of exercising the right of contract withdrawal
Standard form of exercising the right of contract withdrawal:
(fill in and send the current form only if you wish to withdraw from the contract)
- To “5 Avenue” EOOD, UIC 175035393, with Seat and registered address: 11 Slavishte Str., entr. B, floor 5, fl. 16A, Sofia 1421, Bulgaria:
- With the following, I/WE* apprise that I/WE* withdraw from the purchase and sell contract for provision of the following services/for sale of the following goods, I/WE* have consented to,
- Ordered at/received on
- Name of the user/users*
- Address of the user/users*
- Signature of the user/users* (only in case the current form is on paper)
*The unnecessary is crossed.
Appendix № 2 – Information about exercising the right to withdraw from the contract
Information about exercising the right to withdraw from the contract
Standard instructions for withdrawal:
I. Right to withdraw from the contract from a distance or outside the retail establishment.
II. You have the right to withdraw from the current contract without stating any reasons for that within 14 days.
III. The deadline for withdrawal is 14 days from the day that you or a third person, different from the carrier and the one chosen by you, have taken possession of the commodity.
For exercising your right of withdrawal, you have to inform us using the contact data provided on https://oneconic.com with an unambiguous act (a letter sent to the mail, e-mail or fax for example)
You can use the attached standard form of withdrawal, but this isn’t mandatory. You could also fill in and submit the withdrawal on e-mail or by any other unambigious declaration on our website https://oneconic.com. If you choose this opportunity, we will immediately send you a durable medium (on your e-mail for example) message for receiving the withdrawal confirmation.
To comply with the terms about the withdrawal from the contract it is enough for you to send us your message regarding the exercising of the right to withdraw before the deadline for the contract withdrawal.
IV. Еffect of the withdrawal
In case you choose to withdraw from the current contract, we will recover all your payments, including the delivery expenses (without the additional expenses for a delivery method, chosen by you and different from the cheapest standart way of delivery we offer) without any undue delay and in any way not longer than 14 days after you have informed us about your decision to withdraw from the current contract. We will recover your payments, using a bank account provided by you; in no way will you have to make any expenses for the recovery.
We have the right to delay the recovery until we’ve received back the commodity or until you present us proof that you have sent us the products back, depending on which of the two events has occurred earlier.
The direct expenses for the return of the products will be on your account. These expenses must not exceed the approximate amount for the delivery or the standard courier service.
You are responsible only for the decrease of the value of the products due to their normal use and not for the decrease due to actions needed to determine their quality, characteristics and serviceability.
You can see additional user information at https://oneconic.com
Appendix № 3 – DOCUMENT FOR PRODUCT REPLACEMENT PURSUANT TO THE RETURN & REPLACEMENT POLICY
“5 Avenue EOOD”, UIC 175035393, with Seat and registered address: 11 Slavishte Str., entr. B, floor 5, fl. 16A, Sofia 1421:
[Name of the consumer] with Personal ID: ………………………… with address for contact [address for contacting the consumer]: …………………………., e-mail: ……………………. and phone number: ………………….
HAS ISSUED A REPLACEMENT OF THE FOLLOWING PRODUCT/PRODUCTS WITHIN THE 30-DAYS TERM FOR REPLACEMENT OF PRODUCTS:
Date of the product replacement: ……………………………….……………………………….
Product type and specification: …………………………………………………………………..
Other information: [Reasons for exchanging the product and description of the claim]: …………………………………………..
Signature of the recipient of the product: ……………………………………………
Signature of the consumer: ………………………………………………
The replacement of products pursuant to the Return & Replacement policy of “5 Avenue” EOOD does not limit the consumer’s right to issue a claim under the Law on the protection of consumers.
The consumer attests that the return of the product/products is carried out correctly and he has no other claims against “5 Avenue” EOOD