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Conditions of Use
Conditions of use of the website http://wishcraft.bg
These General Terms and Conditions govern the relationship between Wishcraft Ltd., hereinafter referred to as the "Seller", on the one hand, and the Users of the Internet sites and services available at http://wishcraft.bg, hereinafter referred to as "Users" on the other hand.
Wishcraft Ltd. is a company incorporated under the Commercial Law of the Republic of Bulgaria with Unified Identification Code 205975200, address city of Smolyan, Grudio Voydova 4, email address office@wishcraft.bg and telephone +359988895541
Please read in full the published Terms and Conditions before using the information and commercial services offered on the Site (hereinafter referred to as the Services).
These Conditions of Use contain information about the activity of Wishcraft Ltd. and the general conditions for use of the services provided by Wishcraft Ltd., regulating the relations between us and each of our users.
Confirmation of the General Terms is a necessary and obligatory condition for the conclusion of the contract between the User and the Seller.
By accepting the Terms and Conditions, the User agrees to process his/hers personal data on the basis of a contract between him/her and the Seller.
Definitions
For the purposes of these General Terms and Conditions, the following terms should be understood in the following sense:
Website - http://wishcraft.bg and all its subpages.
User - any natural person who acquires goods or uses services that are not intended for carrying out a commercial or professional activity, and any natural person who, as a party to a contract under this Act, acts outside the scope of his/hers commercial or professional activity.
Conditions of Service - These Conditions and Terms, which include terms of use, cookies, registration and delivery rules, voluntary dispute resolution, contract and exchange cancellation forms, and any other legally relevant information located on the Site.
Personal data - information about an individual that reveals his or her physical, psychological, mental, family, economic, cultural or social identity.
Goods - movable tangible property, with the exception of items sold under enforcement or through other measures by bodies authorized by law, as well as items abandoned or confiscated in favour of the state, declared for sale by government bodies. Goods are also water, gas and electricity when offered for sale, packed in a limited volume or in a fixed quantity.
Sales contract - a contract under which the Seller transfers or undertakes to transfer the ownership of the goods to the consumer and the consumer pays or undertakes to pay the price for them, including contracts having as their object goods and services.
Consumer Dispute Resolution Procedure - a procedure for out-of-court settlement of consumer disputes that meets the requirements of this law and is carried out by a consumer dispute resolution body.
Services provided
1. On the Site, Users have the opportunity to conclude contracts for the sale of the goods offered by the Seller.
Order
2. The Users use the website interface to enter into contracts with the Seller for the goods offered.
2.1. The contract for the sale of goods is considered to be concluded from the moment of confirmation of the order by the Seller.
2.2. In the absence of goods, the Seller reserves the right to refuse the order.
2.3. After selecting one or more goods offered on the Seller´s website, the User must add the goods to their list of goods for purchase.
2.4. It is necessary for the User to provide the details of the delivery and to choose the method and time of payment of the price, after which to confirm the order through the site interface.
2.5. When placing an order, the User receives an email confirmation that his/her order has been accepted.
3. The Seller has the right to refuse to conclude a contract with an incorrect User.
3.1. The Seller has the right to treat a User as incorrect in cases where:
- there is a breach by the User of the Terms and Conditions;
- when the arrogant or rude attitude towards the Seller´s representatives is found;
- systemic abuses have been identified by the User against the Seller.
Prices
4. The prices of the goods offered shall be those indicated on the Seller´s website at the time of placing the order, except in cases of obvious error.
4.1. The prices of the goods include VAT, in cases where it is foreseen to be charged.
5. The Seller reserves the right to change the prices of the goods offered on the site at any time and without notice, such changes will not affect the orders already made.
6. The Seller may provide discounts on the goods offered on the Website in accordance with the Bulgarian legislation and rules set by the Seller. The rules applicable to such discounts are available at the place where the discount is displayed. Discounts can be provided in various forms (e.g. promotions, loyalty discounts, provided individually, on a random basis or as a result of participating in a competition or client survey).
6.1. Different types of discounts cannot be combined, when ordering and purchasing the same product.
Payment
7. When the User returns the goods with the right to a refund for whatever reason, the price subject to the refund shall be reduced by the value of the discount received on the goods and only the amount actually paid shall be refundable.
8. The consumer may pay the price of the goods ordered by using one of the options listed on the website. Payment is possible on the Site by the following methods:
- with a credit or debit card
- through PayPal's payroll system
9. If the User chooses the option of delivery by courier and payment by cash payment, he/she must pay the price of the ordered items together with the delivery price of the courier upon receipt of the goods.
10. If the User chooses a payment method involving a third-party payment service provider, the User may be bound by the terms and conditions and/or fees of such third party.
11. The Seller shall not be liable if a payment method involving a third-party payment service provider is unavailable or otherwise inoperative for reasons that cannot be attributed to the Seller´s fault.
Cancellation and replacement
12. The User has the right to withdraw from the contract without giving a reason, without owing compensation or penalty within 14 days from the date of acceptance of the goods by the User or by a third party (who picked up the goods).
13. In order to exercise its right under this clause, the User must unambiguously notify the Seller of his decision to withdraw from the contract, individually identifying the goods which he wishes to return, by providing all details of the order and delivery completed, but not only: content and value of the order, data of the person making the order, data of the person accepting the delivery, and date of delivery.
14. The Seller shall publish on his website a form for exercising the right of withdrawal.
15. In order to exercise the right of withdrawal, the Seller shall provide the consumer with the option of completing and submitting electronically via the website the standard withdrawal form or other unambiguous application. In such cases, the Seller shall immediately send to the User a confirmation that he/she has received his refusal in durable form (email, post, phone or other).
16. The User is obliged to return the goods for his/her own account, together with the receipt and the invoice, if kept, by handing them over to the Seller or to the person authorized by the latter, within 14 days from the date on which the User exercised his/her right of cancellation of the contract.
17. On return, the goods must be in their original packaging, with no trace of use or distortion of the trade.
18. The Seller has the right to hold the return payment until the goods are received back or until proof is provided that the goods have been sent back.
19. In the event that the User fails to fulfil his obligation to return the goods without notifying the Seller about the delay and without providing a valid reason for the same, he/she shall be deemed to have withdrawn his/her statement for exercising the cancellation of the contract.
20. Where the Contractor has incurred expenses in connection with the performance of the contract and the User withdraws from the contract, the Seller shall have the right to withhold the respective amount for the expenses incurred or to demand their payment.
21. The consumer shall not have the right to withdraw from the contract if the object of the contract is: goods, which are broken or defective (due to misuse of the consumer).
22. The Seller shall refund the User the price paid by him/her for the returned goods.
Guarantees and claims
23. The User is entitled to a claim for any non-compliance of the goods or services with the contract/order when after the delivery, non-conformities with the contract of sale have been detected.
24. The Seller is not responsible for the colour difference due to the natural colour reproduction of the different monitor models.
25. The Seller is not responsible for the natural wear and tear of the goods.
26. Any non-conformity of a user good with the sales contract, which manifests itself within 6 months after the delivery of the good shall be presumed to have existed at the time of delivery unless it is shown that the lack of conformity is due to the nature of the good or the nature of the non-compliance.
27. The User cannot dispute the conformity of the consumer product with the contract of sale when:
- at the conclusion of the contract he/she knew or could not have been unaware of the non-compliance;
- the discrepancy is due to materials provided by the User.
28. The User is entitled to make a claim for the product or service, regardless of whether the manufacturer or the Seller has provided a commercial guarantee for the product or service.
29. When the satisfaction of the claim is made by replacing the goods with another, as agreed, the Seller shall retain to the User the original warranty conditions.
30. Upon filing the claim, the User may claim a refund, or replacement of the goods with another, corresponding to the agreed or discounted price.
31. The complaint shall be submitted verbally to the Seller´s specified telephone number or in writing, via the specified email, by post to the address of the company. The Seller submits to his site access to a claim form.
32. When filing a claim, the User shall indicate the subject of the claim, his/her preferred method of satisfying the claim, the amount of the claimed amount respectively, and the address, telephone number and email for contact.
33. When filing a complaint, the User must also attach the documents, on which the claim is based, namely:
- cash receipt or invoice;
- protocols, acts or other documents establishing the non-conformity of the goods with the contract;
- other documents establishing the claim by reason and size.
34. Claims for consumer goods may be filed within two years of delivery of the goods, but no later than two months after the finding of non-compliance with the contract.
35. The time limit ceases to run for the time necessary to reach an agreement between the Seller and the User to resolve the dispute.
36. If the Seller has provided a commercial guarantee for the goods and the warranty period is longer than the deadlines for filing the claim under para. 1, the claim may be filed until the expiry of the commercial guarantee.
37. Reclamation is not an obstacle to a legal claim.
38. The Seller maintains a register of all claims. A document is sent to the User to the email he/she has specified, stating the claim number from the register and the type of goods.
39. When the Seller satisfies the claim, it issues an act for it, which is made in two copies, and obligatory provide one copy to the User.
40. The Seller upon reasonable claim shall bring the goods in compliance with the contract of sale within one month from the submission of the claim by the User.
40.1. If the goods have not been repaired after the expiry of the period referred to in the previous paragraph, the User shall have the right to cancel the contract and to recover the sum paid to him or to request a reduction of the price of the consumer goods according to Art. 114 of the CPA.
40.2. Alignment of the User´s Product with the Sales Contract is free of charge for the User. It owes no expense to the shipment of consumer goods or materials and labour associated with its repair and does not incur significant inconvenience.
41. In case of non-conformity of the consumer goods with the sales contract and when the User is not satisfied with the resolution of the claim, he/she has the right to choose from one of the following options:
- cancellation of the contract and reimbursement of the amount paid by him;
- price reduction.
42. The User cannot claim a refund or a reduction in the price of the goods when the Seller agrees to replace the consumer goods with a new one or to repair the goods within one month after the consumer complaint.
43. The Seller is obliged to satisfy the request for termination of the contract and to recover the amount paid by the consumer when, after having satisfied three claims of the consumer by repairing the same goods, within the warranty period, there is a further occurrence of non-conformity of the goods with the sales contract.
44. The consumer cannot claim cancellation of the contract if the non-compliance of the consumer goods with the contract is negligible.
Intellectual Property
45. Intellectual property rights over all materials and resources available on the Seller´s website (including the available databases) are subject to protection under the Copyright and Related Rights Act, vested in the Seller or the respective assignee of the Seller, and may not be used in violation of applicable law.
46. In copying or reproduction of information beyond the admissible, as well as in any other infringement of the intellectual property rights of the Seller´s resources, the Seller shall have the right to claim compensation for the direct and indirect damages suffered in full.
47. Unless expressly agreed, the User may not reproduce, modify, delete, publish, distribute and otherwise disclose information resources published on the Seller´s website.
48. The Seller undertakes to take due care to enable the User to have normal access to the services provided.
49. The Seller reserves the right to suspend access to the services provided. The Seller has the right, but not the obligation, to delete information resources and materials published on his site at his own discretion.
Termination and termination of the contract
50. The Seller shall have the right, at its sole discretion, without giving notice to unilaterally terminate the Contract, if it finds that the provided services are being used in violation of these General Terms, the legislation in the Republic of Bulgaria and the generally accepted moral norms.
51. Except in the cases provided for in these General Terms and Conditions, the contract between the parties shall be terminated also upon the termination of the Seller´s activity or termination of the maintenance of its website.
52. In the absence of the above cases, either party may terminate this contract by giving one week's notice to the other party in the event of default on the contract.
53. The written form of the contract shall be considered complied with by sending an e-mail message, pressing an electronic button on a page with content to be filled in or selected by the User, or ticking the box (check box) on the website, etc. similar insofar as the statement is technically recorded in such a way that it can be reproduced.
Rescue clause
54. The parties declare that, if any of the clauses in these General Terms and Conditions prove invalid, this will not invalidate the whole contract or other parts of it. The invalid clause will be superseded by statutory norms or established practice.
Amendment to the General Terms and Conditions
55. The Seller is obliged to notify the User of any change in these General Terms and Conditions within 7 days from the occurrence of this circumstance at the email address specified by the User.
56. When he/she does not agree with the amendments to the General Terms and Conditions, the User has the right to withdraw from the contract without giving a reason and without owing compensation or penalty. In order to exercise this right, the User must notify the Seller within one month of receiving the notification under the preceding Article.
57. In the event that the User does not exercise his/her right to withdraw from the contract in accordance with the procedure laid down in these General Terms and Conditions, the amendment shall be deemed to have been accepted by the User without objection.
Applicable law
58. The provisions of the effective legislation of the Republic of Bulgaria shall apply to all issues not settled by these General Terms and Conditions.
The Terms of Use were last updated on: 30.04.2020