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SUBJECT
Art. 1. (1) This document constitutes the General Terms and Conditions to a contract of sale between Sky-R Group Ltd, with registered office and address of management at Sofia 1407, Okolovrasten pat 79, entered in the Commercial Register under UIC BG121291880, hereinafter referred to as the "Company", on the one hand, and the person who has agreed to these General Terms and Conditions, hereinafter referred to as the "Client", on the other hand, in connection with the ordering and purchase of goods offered by the Company through the online store sky-r.com and the Sky-R B2B platform.
(2) When placing an order, the Client who places it agrees to comply with these "General Terms and Conditions". Any conditions other than those set out herein must be agreed in writing on an individual basis and are subject to written confirmation. Failure to object may be deemed approval.
(3) Subject to compliance with these Terms, the Company provides the Client with the opportunity to purchase the goods offered in the online store sky-r.com and through the B2B platform.
CLIENTS
Art. 2. (1) In order to obtain the right to submit valid purchase requests for the goods offered in the online store sky-r.com and on the B2B platform, the Client must:
(2) If the Client provides inaccurate data or fails to reflect changes in such data within the period under Art. 2 (1), item 2, the Company has the right to immediately and without notice suspend maintenance of the Client's registration and access to their client profile.
(3) Before making the declaration within the meaning of para. 2 of this Article, the Client may freely correct the information entered by them in the registration form under Art. 2 (1), item 2.
PROCEDURE FOR ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
Art. 3. (1) The Client has the opportunity to familiarise themselves in advance with these General Terms and Conditions by accessing the "General Terms and Conditions" section, as well as with the manner in which they should place, confirm and receive the goods requested by them.
(2) The Client expresses consent to these General Terms and Conditions in the following manner: before proceeding to the step "review and confirmation of the order", the Client must tick the square box "general terms and conditions for sale of goods through the online store sky-r.com". If the Client has read and agreed to these General Terms and Conditions and expresses their consent by the indicated marking, they may proceed by pressing the button "review and confirmation of the order". In this manner the Client makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, by which they declare that they are familiar with these General Terms and Conditions, accept them and undertake to comply with them. By recording it on an appropriate medium on the Company's server through a generally accepted standard for technical conversion enabling its reproduction, the electronic statement acquires the quality of an electronic document within the meaning of the cited law. The Company may store on its server the Client's IP address, as well as any other information necessary to identify them and reproduce their electronic statement of acceptance of the General Terms and Conditions, in the event of a legal dispute.
(3) After expressing consent to these General Terms and Conditions, the Client may submit valid purchase requests for the goods offered through the online store sky-r.com and the B2B platform, and is deemed bound by the clauses of the General Terms and Conditions and obliged to comply with them.
(4) The Company immediately confirms receipt of the Client's statement, made through the step "review and confirmation" completed by them, by sending a message to the Client's email address containing the Company's email address, the order placed by the Client, the period for which the offer made is valid, the sale price of the goods (or the total sale price if there are several goods), the delivery charge (if any), the total amount of the order including the sale price and the delivery charge (if any), the delivery address indicated by the Client, and the method of payment.
(5) Each purchase request between the Client and the Company based on these General Terms and Conditions is submitted and carried out in performance of the contract of sale between the parties.
(6) In the event of a dispute as to which person has expressed the will to be bound by the text of these General Terms and Conditions, the party to the contract shall be deemed the person who has paid the price of the goods requested for purchase.
PRELIMINARY INFORMATION ON THE GOODS OFFERED
Art. 4. (1) The Company publishes and continuously maintains at www.sky-r.com the following information:
name and address of the Company. The company name and address of the Company are:
Sky-R Group Ltd, with registered office and address of management at Sofia 1407, Okolovrasten pat 79
UIC BG121291880
tel. for contact with the Company: 02 954 96 44 or 02 954 96 88
Represented by: Andrey Dochev Shipkovenski
description of the main characteristics and an image of each good offered through the online store sky-r.com and the B2B platform. The main characteristics of the goods are stated on the page presenting each product.
the sale price, including VAT. Price including VAT for additional engraving, inscription and/or other external modification of the goods performed at the Client's request;
the price of the courier service, not included in the price of the goods, related to their delivery;
information on methods of payment, delivery and performance of the contract;
information on the Client's right to withdraw from the contract and on the conditions and manner of exercising it, as regulated in Art. 11 of these General Terms and Conditions;
the period for which the offer made or the price remains valid;
the minimum duration of the contract — for contracts for permanent or periodic delivery of goods.
(2) The information under para. 1 is provided by the Company to Clients before conclusion of the contract for purchase of goods through the online store sky-r.com and the B2B platform. The Company does not impose any additional charge for the use of the means of communication presented for contact with it.
(3) The Company is not liable for inaccuracy of the information indicated by the manufacturer regarding the characteristics of the goods.
COMMERCIAL OFFER
Art. 5. (1) Publication of the main characteristics of the goods and their price in the online store sky-r.com and on the B2B platform constitutes a public invitation within the meaning of Art. 290, para. 1 of the Commerce Act to submit a purchase request in accordance therewith in the manner described in Art. 6.
(2) If the Company does not have the goods requested for purchase in stock, within one business day of receipt of the purchase request under Art. 6 it notifies the Client of the depletion thereof by telephone call to the telephone number indicated upon registration or by sending a message to the email address indicated by the Client in their Client profile for correspondence. The Company undertakes to refund amounts paid by the Client within 30 days from the date on which it should have performed its obligation under the contract, if the amounts were paid in advance.
(3) The Company may deliver to the Client goods of the same quality and price when this possibility has been expressly provided before conclusion of the contract or in the contract itself, in which case the Client is notified.
(4) Where under the conditions of para. 3 the Company delivers something other than what is due and the Client exercises their right of withdrawal under Art. 11, the costs of returning the goods are borne by the Company, of which the Client is notified.
PURCHASE REQUEST
Art. 6. (1) Submission of a purchase request by the Client is carried out by sequentially performing the following actions:
(2) The purchase request for goods from the online store sky-r.com and the B2B platform is deemed completed after pressing the button "review and confirmation of the order".
(3) Where an incomplete, incorrect or wrong address and/or telephone number is indicated when submitting the request, it is deemed invalid and the Company has no obligation to perform it.
(4) The request gives rise to effects between the parties after verification of availability of the goods requested for purchase and after confirmation of its validity by sending a message to the Client's email address for correspondence. The contract of sale between the Company and the Client enters into force upon approval of the order by the Company by email to the Client. This approval shall again indicate the goods ordered and the price.
PRICES AND METHOD OF PAYMENT
Art. 7. (1) All prices in the online store sky-r.com and on the B2B platform are in Bulgarian leva, including VAT.
(2) The prices indicated in the online store sky-r.com and on the B2B platform for individual goods are for a single quantity and do not include delivery costs. Delivery costs and information on delivery periods are available to the Client on the Company's page in the "Delivery" section.
(3) The sale price due from the Client is that indicated in the invitation to purchase the goods at the moment of submission of the purchase request for the same in the manner described in Art. 6.
Art. 8. (1) The sale price under Art. 7 of the goods purchased by the Client, as well as the delivery costs, are paid by the Client or by a third party on their behalf in cash, by cash on delivery upon delivery of the goods by courier to the address of the Client indicated in the request.
(2) When paying by cash on delivery, the Client undertakes to pay the sale price of the goods purchased by them, as well as the costs not included in that price related to their delivery on the day of delivery of the goods by courier to the address indicated by the Client in the request.
DELIVERY
Art. 9. (1) The goods requested for purchase are delivered to the delivery address indicated by the Client.
(2) Delivery of orders from the Company's website and B2B platform is charged in accordance with the conditions described in detail in the "Delivery" section.
(3) All orders sent to the online store sky-r.com and the B2B platform are delivered by courier with cash on delivery, the goods arriving at the address indicated by the Client or at the courier's office, depending on the Client's stated preference. The Client pays the value of the goods selected by them, together with the value of the courier service, to the courier upon delivery of the goods.
(4) The Company stores purchase requests until their performance in order to avoid possible inaccuracies regarding the products ordered or the delivery address.
(5) Upon request by the Client, the Company provides information regarding the status of the respective request, providing the waybill number issued by the courier.
(6) The standard delivery period is up to 7 business days if the product is available in the Company's warehouse. In order for the delivery period to be as clear as possible, the product descriptions indicate whether they are in stock or whether more time is required for their delivery. In the event of insufficient stock of a given product, after receipt of a purchase request the Company notifies the Client thereof and provides information on the earliest possible period for performance. In such cases the Client decides whether the performance period satisfies them and whether to agree to the proposed delivery period.
(7) Delivery periods begin to run for the Company after the goods have been handed over to the courier engaged by the Company to perform the delivery.
(8) Any unforeseen obstacles to performance of the contract, such as force majeure circumstances, interruption of activity, etc., give the Company the right to refuse wholly or in part its commitment to deliver the goods.
(9) The Company is not liable for damage to the Client due to delay in delivery of the goods ordered by the Client.
(10) Partial deliveries are permitted.
HANDOVER OF THE GOODS
Art. 10. (1) The goods are handed over to the Client or to a third party who accepts and confirms receipt thereof on behalf of the Client. Upon receipt of the shipment the Client is obliged to check the contents of the package for conformity of the goods with the order.
(2) The goods are delivered suitably packaged according to their type and the transport for delivery. In the event of damage to the external appearance of the goods arising during transport, the Client signs a damaged shipment protocol with the courier and is obliged to notify a representative of the Company immediately. Offsetting of payments due from the Client against claims due to damage established upon delivery is not permitted.
(3) Upon delivery of the goods the Company provides to the Client in written form the preliminary information under Art. 4, para. 1 of these Terms, together with the following data:
(4) The Client or the third party under para. 1 sign the documents accompanying the goods and certify in writing that the Company has provided to the Client the information indicated in para. 3, in accordance with Art. 54 of the Consumer Protection Act.
(5) If the Client is not found within the delivery period at the address indicated by them or access and conditions for handover of the goods are not provided within that period, the Company is released from its obligation to deliver the goods requested for purchase. The Client may expressly confirm their wish to receive the goods after expiry of the delivery period during which they were not found at the address, assuming all additional delivery costs. In that case a new delivery period begins to run accordingly under the conditions of Art. 9, para. 6.
RIGHT OF WITHDRAWAL FROM THE ORDER
Art. 11. (1) The Client has the right to refuse to receive the goods requested by them for purchase when:
(2) After receipt of the goods the Client has the right to request their return where there is a material defect rendering the goods unfit for use which could not have been established upon ordinary inspection thereof.
(3) Under the conditions of para. 1, item 1, as well as where there is non-conformity between the goods requested for purchase and the goods delivered which could not have been established at the moment of delivery, the Client may request that the goods delivered to them be replaced with goods corresponding to the purchase request submitted by them by sending a corresponding written request to the Company, or may withdraw from the contract by returning the delivered goods.
(4) A Client who is a consumer within the meaning of the Consumer Protection Act has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract for purchase of goods through the online store sky-r.com and the B2B platform within 7 business days from the date of receipt thereof, provided that the goods have not been used, the integrity of their packaging has not been broken and the goods are in the condition in which they were received. If the Client withdraws from the concluded contract within the period under the preceding sentence, they must send a statement of withdrawal from the concluded contract to the Company and return the goods with unbroken integrity and packaging. The statement of withdrawal must be sent to the Company in written form at the address: Sky-R Group Ltd, Sofia 1407, Okolovrasten pat 79 within the period under this paragraph.
(5) In the cases under para. 4, transport and other costs of returning the goods are borne by the consumer.
(6) Where the delivered goods do not conform to the characteristics indicated in the online store sky-r.com and on the B2B platform, if the Client withdraws from the contract the Company refunds the entire amount paid by the Client, including transport costs paid by the Client for acquisition of the goods, if any, within 7 business days of receipt of the Client's statement of withdrawal, but after return of the delivered goods in unimpaired commercial condition and packaging.
(7) The Client may not withdraw from the concluded contract under the procedure of para. 4 when:
(8) In the cases under para. 4, the Client is obliged to store the goods received by them, to ensure preservation of their quality and safety during the period under para. 4.
(9) The Company is obliged to refund to the Client in full the amounts paid by them not later than 30 days from the date on which the Client exercised any of their rights of withdrawal under para. 1, 2 or 4 of this Article.
RIGHTS AND OBLIGATIONS OF THE COMPANY
Art. 12. (1) The Company undertakes:
(2) The Company has the right:
(3) The Company is not liable if the Client cannot obtain access due to problems outside the control of the Company (hardware or software problem, Internet connection problem, etc.). The Company exercises care to keep information in the online store sky-r.com and on the B2B platform always accurate and up to date, but does not guarantee its accuracy and completeness.
(4) The Company is not liable for failure to provide access to the online store sky-r.com and the B2B platform, as well as for non-processing or untimely processing of purchase requests, upon occurrence of circumstances constituting force majeure, fortuitous events, problems in the global Internet network and in the provision of services outside the control of the Company.
(5) The Company is not responsible for conformity of the quality and fitness for use of the goods requested by the Client with applicable regulatory requirements.
(6) The Company is not liable for damage to software, hardware or telecommunications facilities, or for loss of data arising from materials or resources searched, loaded or used in any other manner through the online store sky-r.com and the B2B platform.
(7) Where electronic links, advertising messages, etc. are placed in the online store sky-r.com and on the B2B platform and Internet pages thereby become accessible to the Client, the Company is not liable for damage and lost profits arising upon access to and use of the content of those pages. The Company is also not liable for their unlawful character.
(8) The Company has no obligation to control the manner in which the Client uses the online store sky-r.com and the B2B platform.
RIGHTS AND OBLIGATIONS OF THE CLIENT
Art. 13. (1) The Client undertakes: to indicate an accurate and valid telephone number, delivery address and email address for correspondence; to pay the price of the goods requested by them; to pay delivery costs; to receive the goods; to exercise all care to safeguard their password; not to disclose their password and the answer to their secret question to third parties and to notify the Company immediately in the event of unauthorised access to their client profile as well as where such access is probable; to terminate the session in which they have logged into their client profile; not to submit fictitious or invalid requests or other inaccurate information.
(2) The Client bears full responsibility for safeguarding their password, as well as for all actions performed by them or by a third party through use thereof. The Client has the right of online access to the online store sky-r.com and the B2B platform, subject to the access conditions and requirements determined by the Company; to submit valid requests for goods; online access to and correction of their personal data.
(3) By accepting these General Terms and Conditions the Client agrees to receive unsolicited commercial messages from the Company for the purposes indicated in these Terms.
(4) The Client undertakes when using the online store sky-r.com and the B2B platform: to comply with Bulgarian legislation, these General Terms and Conditions, rules of morality and good manners; not to violate the property or non-property rights of others, including intellectual property rights; not to interfere with the proper operation of the system, not to frustrate the identification procedure of another Client; not to obtain access beyond that provided to them; not to prevent other Clients from using the online store sky-r.com and the B2B platform, as well as not to use the online store sky-r.com and the B2B platform in a manner causing refusal of the services; not to extract by technical means or in a technical manner information resources or parts of information resources belonging to the databases located in the online store sky-r.com and the B2B platform and thereby create their own database in electronic or other form; not to impersonate another person (or group of persons) or representative of a legal entity not authorised to represent, or otherwise mislead third parties regarding their identity or affiliation with a particular group of persons; not to cause installation of viruses or remote control systems, disruption of the normal operation of other Internet users and associated networks, performance of any actions that may qualify as a crime or administrative offence under Bulgarian legislation or other applicable law.
(5) In the event of non-compliance with the obligations under the preceding paragraph the Company has the right immediately and without prior warning to suspend access of the Client and third parties to their client profile, as well as the right to compensation for all damage and lost profits suffered which includes direct and immediate consequence of non-performance of the obligations under the preceding paragraph by the Client. In such cases the Company has the right to refer the matter to the competent state authorities for establishment of the respective violation.
CLIENT'S PERSONAL DATA
Art. 14. The Company has the right to collect and use information regarding its Clients when they register. Information by which a Client of the online store sky-r.com and the B2B platform may be identified may include first name, middle name, surname, address, profession, gender, age group, telephone, email address for correspondence and any other information which the Client provides upon registration in accordance with these General Terms and Conditions and any other which they enter or provide when ordering, receiving or using the services provided by the Company, promotional activities, etc.
PROTECTION OF THE CLIENT'S PERSONAL DATA
Art. 15. (1) The Company exercises due care and is responsible for protection of information about the Client that became known to it in connection with sale of goods through the online store sky-r.com and the B2B platform — subject of these General Terms and Conditions, except in cases of force majeure or fortuitous event.
(2) In the electronic form completed by the Client upon registration, the Company indicates which data are provided mandatorily and which voluntarily by the Client and the consequences of refusal to provide them. By expressing consent to the General Terms and Conditions, the Client agrees that information about them be processed in the manner provided therein.
(3) The restrictions under para. 1 do not apply where the Client or other persons have violated the rights or lawful interests of third parties. In that case the Company has the right to provide the Client's personal information to the respective competent state authorities. The Company has the right to provide the Client's full name, the delivery address(es) indicated by them and other personal data to the courier solely for the purpose of performing delivery of the goods requested by the Client.
PURPOSE OF USE OF CLIENT INFORMATION
Art. 16. (1) The Company collects and uses the information under Art. 14 for the purposes provided in these General Terms and Conditions, as well as to offer new goods and/or services to the Client (free or paid), goods and/or services offered by other persons, promotions and others.
(2) By accepting these General Terms and Conditions, the Client agrees to processing of their personal data for the purposes of direct marketing. The Client has the right to object to processing of their personal data for the purposes of direct marketing by sending a written message to the Company at the indicated addresses or contact email.
(3) By accepting these General Terms and Conditions the Client is deemed notified within the meaning of Art. 34a, item 3 of the personal data protection Act that their personal data may be disclosed to third parties in compliance with applicable legislation or used on their behalf for the purposes of direct marketing, and may at any time object to such disclosure or use by sending a written message to the Company at the indicated address or contact email.
(4) All purposes described above for which information may be used are not exhaustively listed and do not create obligations for the Company. Any other purposes for which information is used shall comply with Bulgarian legislation, applicable international acts, rules of morality and good manners.
DISCLOSURE OF PERSONAL DATA
Art. 17. The Company undertakes not to disclose any personal information about the Client and not to provide collected information to third parties, state authorities, commercial companies, natural persons and others, except where:
a) it has received the Client's express consent upon registration or at a later moment, including under the conditions of Art. 16, para. 3;
b) the information is requested by state authorities or officials who under applicable legislation are authorised to request and collect such information in compliance with legally established procedures;
c) in other cases provided by law.
INTELLECTUAL PROPERTY RIGHTS
Art. 18. (1) Intellectual property rights in all elements and resources located on the e-commerce website of the online store sky-r.com and the B2B platform (including the available databases) are subject to protection under the Copyright and Related Rights Act, belong to the Company or to the respectively indicated person that has granted the right of use to the Company, and may not be used in violation of applicable legislation.
(2) The Client's right of access does not include the right to copy or reproduce information and to use objects of intellectual property, except where this concerns information of insignificant volume intended for personal use, provided that the lawful interests of authors or other holders of intellectual property rights are not unreasonably harmed and where copying or reproduction is performed for non-commercial purposes. Notwithstanding the above, the Client has no right to remove trade mark signs and indications of other intellectual property rights from the resources accessible to them, regardless of whether the holder of the respective rights is the Company or a third party.
(3) Where information is copied or reproduced outside what is permitted under the preceding paragraph, as well as in any other violation of intellectual property rights in the resources — graphics, texts, photographic material, etc. of the Company, the Client owes the Company a penalty in the amount of BGN 1,500 (one thousand five hundred leva) for each separate violation. The indicated amount of the penalty does not deprive the Company of the right to claim compensation for greater damage exceeding the amount of the penalty.
TERMINATION OF THE CONTRACT
Art. 19. (1) Upon termination of the contract the Company deactivates the client profile and deletes the password for access to the client profile.
(2) The Client may at any time request from the Company deletion of their client profile. In that case deletion of the client profile is carried out immediately after performance of all validly submitted requests by the Client and corresponding payment by the Client of the sale price and delivery costs due.
(3) Except in the cases provided in these General Terms and Conditions, the contract between the parties is also terminated upon occurrence of any of the following circumstances:
REPUDIATION OF THE CONTRACT
Art. 20. Except in the cases indicated in these General Terms and Conditions, either party may repudiate the contract by giving one week's notice to the other party in the event of non-performance of obligations under the contract.
AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
Art. 21. (1) Upon legislative changes affecting the conditions for offering the goods, these General Terms and Conditions may be amended unilaterally by the Company. When amendments are made to the General Terms and Conditions, the Company undertakes to notify the Client by publishing in a prominent place in the online store and on the B2B platform a notice of amendment of the General Terms and Conditions, the text of the amendments, and giving them a seven-day period to familiarise themselves therewith.
(2) If within the period under para. 1 the Client does not declare that they reject the amendments, they are deemed bound by them.
(3) If the Client declares that they reject the amendments, the contract is deemed automatically terminated upon receipt of the express statement of rejection. The statement of rejection must be sent to the Company by email to: order@sky-r.com. Amendments to the General Terms and Conditions do not affect relations between the Client and the Company arising in connection with a validly submitted purchase request for goods before the notice under para. 1.
LIABILITY OF THE PARTIES
Art. 22. (1) The Client is obliged to compensate the Company and all third parties for all damage and lost profits suffered, including for any expenses incurred as a result of claims brought by and/or compensation paid to third parties in connection with non-performance of their obligations under this contract, violation of Bulgarian legislation, applicable foreign laws, these General Terms and Conditions, good manners or Internet etiquette.
(2) The Client is obliged to compensate the Company for all damage caused by third parties to whom they have provided their password when using the same.
(3) The Company is obliged to compensate the Client for all damage caused by the Company intentionally or through gross negligence.
(4) As a rule the Company provides a warranty for the goods sold. The Company is not liable for any damage and/or harm caused to and by the Client due to improper operation or use of the delivered goods, as well as for defects due to normal wear. The Company assumes no liability for direct or indirect damage suffered by the Client in connection with the delivered goods. The Company is not liable for accuracy of technical data and/or other information in connection with the delivered goods.
INVALIDITY OF INDIVIDUAL CLAUSES
Art. 23. The parties declare that if any clause(s) under these General Terms and Conditions prove invalid, this shall not entail invalidity of the contract, other clauses or parts thereof. The invalid clause shall be replaced by mandatory provisions of law or established practice.
DISPUTES BETWEEN THE PARTIES
Art. 24. All disputes between the parties are resolved in a spirit of understanding and good will. If agreement is not reached, all unresolved disputes arising from the contract between the parties or relating thereto, including disputes arising from or relating to its interpretation, invalidity, performance or termination, as well as disputes for filling gaps in the contract or adapting it to newly arisen circumstances, shall be resolved by court proceedings before the competent court.
APPLICABLE LAW
Art. 25. For matters not regulated by these General Terms and Conditions, the provisions of the applicable legislation of the Republic of Bulgaria shall apply.
These General Terms and Conditions are effective from 1 September 2017.