Условия за ползване
Please read these Terms and Conditions carefully before using this website and before completing an order.
If you use this website, you are deemed to have accepted and agreed to the published Terms and Conditions.
Date of update: 22.12.2021
Art. 1 (1) These General Terms and Conditions govern the relationship between users of electronic websites and services located on the domain www.cybellee.com, its subdomains, and our Facebook page (hereinafter referred to as "Site", "Website", " Website ("E-shop", "Merchant", "Seller", "Cybellee", "Shop" "We") and are applied in our relationships with individual customers (referred to as "You", "Buyer", "Client", "User") who have access to our website or social media page administered by us.
(2) For professional buyers (traders) using the services and products offered on the Site, the General Terms and Conditions apply to a limited extent. For this category of customers, these General Terms and Conditions may not provide for or restrict those rights provided to individuals who place orders for personal non-professional use. Provisions that explicitly state that they are relevant to consumers do not apply to professional clients.
(3) In cases where a consumer or customer trader has placed an order through the site, it is assumed that there is a contract for distance selling concluded with the e-shop, in which these General Terms and Conditions apply. By placing orders through the site, you agree that the information in connection with the contract may be sent by email.
(4) These General Terms and Conditions apply when ordering from the Site, as well as when ordering goods or services from a user/customer to the trader, made by phone, e-mail, or social networks.
Art. 2 You agree to abide by all the provisions of these Terms and Conditions when using the Site.
II. SELLER DATA
Art. 3 "AGRIDO TRADE" Ltd. or AGRIDO TRADE LTD, Company № 206515048, VAT № BG 206515048, with registered office and address of management: Ruse, Bulgaria, PO 7000 Blvd. / 8 Borisova Str. 8, 3rd floor, correspondence address: Ruse, PO Box 7000 Blvd. / 8 Borisova Str., 3rd floor, contact phone: +359887364253, e-mail: email@example.com, administers and manages the site www .cybellee.com - an online store offering a distance sales contract under these General Terms and Conditions, everywhere in these General Terms and Conditions under "Site", "Website", "Website", "Online Store", "Merchant", "Seller", "Cybelleee", "We" should understand the online store www.cybellee.com, managed and administered by "AGRIDO TRADE" Ltd.
Art. 4 You can contact AGRIDO TRADE LTD as follows:
(1) by phone: +359887364253;
(2) via email: firstname.lastname@example.org
(3) by letter to the address: Ruse, Bulgaria PO 7000 Blvd. 8 Borisova Street, 3rd floor;
(4) through the contact form on the Site;
Art. 5 (1) "Visitor" is any adult natural person who uses the Site in any way, including by viewing or registering on it.
(2) "User" is an adult natural person who purchases a product or service through an order on the Site for non-professional purposes. "Client Trader" or "Client Professional" is any legal entity or other legal entity that uses the Site in any way, including by viewing it, registering with it, and either purchasing a product or service by ordering on the Site for professional purposes.
(3) "Customer" is any natural or legal person who has placed an order for goods or services on the Site, regardless of whether he is a consumer, trader, or professional.
(3) "Trader", "Seller" is "AGRIDO TRADE" Ltd.
(4) "Account", "Account" is a section of the Site, formed by email address, password, and personal data of a user or customer merchant, which allows them to use the services of the Site, in cases where their use requires an account and or review their orders.
(5) "Manufacturer" is a natural or legal person who by profession produces the goods offered in the e-shop and or whose name/company, production, or other distinguishing mark is indicated on the goods, its packaging, or commercial documentation.
(6) "Website", "E-Shop", "Merchant", "Seller", "Cybellee", "Shop", "Website" means a website located at the following web address: www.cybellee.com, as well as any page on social networks or the Internet that is in some way related to Cybellee.
(7) "Goods", "Products" are all items in the store, representing movables, which are individualized with a detailed description and/or color image, have a specified price, and or manufacturer.
(8) “Services” are all services in the store that do not represent goods and are individualized and have a price.
(9) “Contract”, “Distance Contract”, “Order”, “Request” covers all cases where a contract is concluded between Cybellee and a customer through one or and several of the following methods: (i) mail-order; (ii) ordering via the Internet (website, e-mail, social networks, platform); (iii) order by telephone or fax.
(10) “Suspended Distance Contract” means a distance contract concluded between a Customer and Cybellee, provided that it is performed under the agreed conditions only if the seller is able to do so. The seller is considered to be able to perform the contract in the cumulative presence of the following circumstances: (i) has the goods in stock (when ordering goods); (ii) may perform the contract within the time limit and under the conditions agreed. The condition precedent shall be deemed to have been fulfilled and the contract shall be binding on the parties from the moment the seller personally or through a third party confirms to the buyer the possibility to deliver the goods or services under the agreed conditions. It is considered that the suspensive condition has not occurred and the contract is not binding on the parties if the seller notifies the buyer of the impossibility of performance and in the absence of notification within 7 working days of the order that the seller may perform the contract.
IV. GENERAL PROVISIONS
Art. 6 (1) Access to the Site for the purpose of order registration or account registration is permitted for any person who visits the site. Registration as a user on the Site is at the request of the visitor.
(2) The General Terms and Conditions of Cybellee are mandatory for all customers of the Site. Any use of the Site means that you have carefully read the General Terms and Conditions and have agreed to abide by them unconditionally.
(4) The site reserves the right at its discretion to restrict the access of any customer to the execution of an order and/or to any of the possible payment methods if it considers that this would be to the detriment of the seller in any way. In this situation, the client has the right to contact the "Customer Relations" department of the Site through the contact form or the coordinates specified in Section II of these General Terms and Conditions to be informed about the reasons that led to the application of those specified in above-mentioned measures. The site is not liable for any damages that the customer has suffered or may suffer as a result of this decision when it is justified and legitimate.
(5) The Client in certain cases has the right to publish opinions about goods and/or services, as well as to contact the Site at the addresses indicated in the "Contacts" section. Posts or messages that contain obscene language or inappropriate vocabulary will be removed from the Site or ignored.
(6) The Site may publish advertising or promotional information about the goods and/or services and/or about the promotions offered by it on the Site for a certain period of time, specified in the specific campaign.
(7) The characteristics or prices of the products and services described on the Site may be changed at any time. For technical reasons, they may contain errors, for which Cybellee apologizes in advance to its customers and notifies them that it is not responsible for errors.
Art. 7 (1) The General Terms and Conditions may be changed unilaterally by Cybellee at any time by updating them on the website and in compliance with the provisions of the Consumer Protection Act (CPA).
(2) The updated General Terms and Conditions shall enter into force immediately after their publication on the Site for all future customers and users, as well as for contracts concluded before the amendment with customers of legal entities.
(3) The amendments to the General Terms and Conditions shall not affect distance contracts concluded before the update with natural persons unless Cybellee has provided otherwise in compliance with the current legislation and Art. 8 of these General Terms and Conditions.
Art. 8 (1) In case Cybellee wishes to bind the amended General Terms and Conditions and users with valid and uninterrupted contracts (orders) on the day of the update of the conditions, the trader will notify users by email within 7 days of the amendment.
(2) In case the consumer does not agree with the changes in the general conditions, the latter within 1 month from the notification by written notification to Cybellee may withdraw from the contract without stating a reason and without due compensation or penalty, or continue to implement it under the general conditions in force before the amendment.
(3) If it fails to do so within the specified period, the updated General Terms and Conditions shall enter into force with respect to the consumer after the expiration of 1 month from the notification.
(4) The General Terms and Conditions shall enter into force immediately for all clients, without the need for notification, in case the changes made to the terms and conditions have been imposed by virtue of an enacted normative act.
(5) The updated general conditions are binding for the client's traders from the day of their update or from the date specified in the notification of amendment.
Art. 9 Cybellee makes every effort to maintain the accuracy of the information provided on the Site. However, given the possible technical errors or omissions in this information, Cybellee clarifies that the images of the products are illustrative and indicative, respectively the delivered products may differ from the images.
Art. 10 (1) All goods, including those in promotion/discount, are sold and delivered until the quantities are exhausted, even if this is not explicitly stated on the Site.
(2) Some advertisements and offers are bound by a minimum or maximum quantity that can be purchased by one customer. If applicable, this is described in detail in the individual proposal.
Art. 11 The site may contain links, Internet links to other sites. Cybellee is not responsible for the privacy policies and conditions of use of websites that it does not administer, as well as for other information contained therein.
Art. 12 All images posted on the Site are intended only to create some idea of the type of product/service offered, not to present it accurately. Accordingly, some of the images of the goods or services on the site (static/dynamic images/multimedia presentations, etc.) may not correspond to the appearance of the product or create a false impression of the service offered. The seller will not be liable for such discrepancies unless they are material.
V. CONCLUSION OF A CONTRACT
Making an order through the Site
Art. 13 (1) The Client declares his desire to order/purchase goods/services through the Site by placing an order electronically, as this is possible with or without a profile registered on the Site. There is no obstacle to placing an order by phone or e-mail, in which case you will receive an e-mail at the e-mail address specified by you. After confirming the General Terms and Conditions, your order will be considered completed.
(2) The user has the right, if he has reached 18 years of age, to order all goods and services listed on the Site, unless they are available and only if according to law the consumer is able to enter into binding contracts.
(3) When placing an order through the Site, the customer has the right to choose the type of goods or services and their quantity according to the options offered on the Site. The system may require you to choose other features (such as colour) if the selected products/services are in different variations.
(4) Once you have selected the products/services you want from the website, as well as their quantity, you should follow the ordering process, having the opportunity to proceed directly to finalize the order or continue shopping on the Site.
(5) Before completing the order you will be given the opportunity to choose the method of payment and delivery terms, and in certain cases to enter a promo code guaranteeing a discount.
(6) You will be obliged to provide data without which it is not possible to fulfill the contract. Such data are usually names, delivery address (when ordering goods), telephone and e-mail address, and for customer traders - company name, UIC, VAT number, manager, as well as invoice data - if required, as certain cases you will be given the opportunity to register on the Site as a user.
(7) Before completing an order, the Client should make sure that he orders from a specifically selected product (good or service) with certain characteristics from the category of interest. Separate and clear categories of goods and services with reduced value are available on the site during promotional campaigns or due to a defect of the product or its packaging described in the ad, as well as when an unpacked or sampled product is offered. This is explicitly stated in the announcement on the Site. All other products offered are new, unused of the required quality.
(8) The customer undertakes and is responsible for ensuring that all data provided to Cybellee in connection with the order are correct, complete, and accurate as of the date of dispatch of the order.
(9) After you have made sure of the content and data of the order, the customer should click (click) on the button "Order", "Buy", "Continue" or other similar options. By sending the order, the customer allows Cybellee to contact him in any possible way, when necessary in connection with the order, its delivery, or the contract. At this stage of the order, but before its completion, the Site indicates to the customer that there is an obligation to pay.
Confirm the order
Art. 14 (1) When ordering through the Site, by phone, email, or through social networks, the Site sends a notice to the user by email or address, whereby the distance contract between you as a customer user and Cybellee is considered concluded under a suspensive condition within the meaning of Art. 5, para. 10 of these General Terms and Conditions I. The notification shall also certify the successful registration of the order in the trader's system, which does not make sense of accepting, confirming, or committing to its execution unless otherwise specified in the notification. This notification also contains information under Art. 47 and Art. 48 of the Consumer Protection Act, respectively an extract from these General Terms and Conditions, as well as data about your order. When ordering from a merchant client, the site sends a confirmation if it deems it necessary.
(2) The notification for acceptance and undertaking of commitment for the execution of the order shall be made by the seller with the notification under para. 1 or by courier, when the goods have already been delivered to him by the seller. In the latter case, the courier acts on behalf of Cybellee. At its discretion, the trader may notify the consumer and the trader customer by email, SMS, or call.
(3) Until the moment of notification under para. 2 The seller has the right not to deliver part or all of the goods or not to perform part or all of the services of the order for various objective reasons, including but not limited to depletion of their stock. In this situation, the sole responsibility of the seller in case of default is to return any price received in advance for the goods or services, without paying compensation for non-performance.
Entry into force of the contract
Art. 15 (1) The contract for purchase and sale at a distance between the seller and the consumer shall be considered concluded under a suspensive condition from the moment of receipt by the consumer of the notification under Art. 14, para. 1 for an order registered with the seller. The contract is considered concluded from the moment of the order, in case the client is a trader or a professional has received confirmation under Art. 14, para. 1 of these terms and conditions by email. In the absence of such confirmation, the contract shall be deemed concluded by acceptance of the goods or services by the professional client, accompanied by the confirmation under Art. 14, para. 1.
(2) By virtue of the contract concluded between the parties, the seller shall be obliged upon fulfillment of the conditions, specified in art. 5, para. 10, to deliver personally or through third parties to the customer or to persons designated by him the goods or services ordered by the seller within the terms and conditions of these General Terms and Conditions, and the buyer to pay the agreed price and accept the delivered goods or services.
(3) The contract binds the parties from the moment of notifying the customer by the seller that the goods or services can be delivered by notifying by e-mail and/or by SMS or calling the customer that the goods are ready for shipment or the service may be provided.
(4) The contract of sale concluded between the customer and the Seller shall consist of these General Terms and Conditions and any additional agreements between the seller and the customer present in the confirmation of a contract under Art. 14, para. 1.
VI. TRANSFER OF OWNERSHIP
Art. 16 (1) Upon sale of goods the ownership of the goods is transferred by Cybellee to the customer or to a third party or representative designated by him with the delivery of the goods to that person and after payment by him if the value is not paid in advance.
(2) The delivery of the goods shall be certified by the signature of the client or of a person or representative indicated by him on the transport document or the receipt provided by the courier.
(3) The risk of loss or damage of the goods is on the customer as of the moment of delivery of the goods by the courier to the customer or third parties. If the courier is a person chosen by the customer, the risk is on the customer from the moment of delivery of the goods from Cybellee to the carrier. In all cases, in case of an established transport defect, the client is obliged to inform Cybellee within the terms and conditions of Art. 25 of these General Terms and Conditions.
Art. 17 (1) The prices of the goods and services announced on the Site are final and include VAT, as well as all other taxes and fees provided for in the current Bulgarian legislation.
(2) The website contains a large number of goods and it is possible, despite our best efforts, that some of the characteristics of the goods, including the price, are incorrect. If we find an error in the price of the goods you have ordered, we will inform you as soon as possible. We will give you the opportunity to confirm your order at the correct price or cancel it.
(3) Cybellee is not obliged to sell goods or services at incorrectly determining prices on the website.
Art. 18 (1) The price, the method of payment, and the term for payment are indicated in each order.
(2) Orders of products offered by the seller in the amount of over BGN 699.90 will not be able to be paid upon delivery but should be paid in full or in advance by bank transfer or by bank card. Usually, with the necessary prepayment, this is stated in the ad.
(3) The seller will issue to the customer an invoice for the ordered goods or services based on the information provided by the customer. When the latter has not indicated that he wants an invoice, Cybellee or courier t provides only a fiscal receipt and/or a receipt for the sale made in cash received in accordance with applicable law.
(4) In the case of payments via PayPal or other similar payment systems or payments by bank or card (where such options are available), the seller is not responsible for any costs related to fees, commissions, or other additional payments, made by the client in connection with the transaction, as well as in cases of currency exchange, applied by the bank that issued the client's card in cases where the currency is different from Bulgarian levs (BGN).
(5) Payment by card to the Site is accepted as an international payment by banks in Bulgaria and according to their rules for working with cards and card payments in this type of transaction some banks charge additional fees. The costs associated with such payments are solely at the expense of the buyer. Therefore, Cybellee recommends that its customers consult their bank for any additional fees that may be charged to them for online or bank payments for products and services sold by the Site.
Art. 19 The client is obliged to provide all the necessary information for the issuance of the invoice in accordance with the current Bulgarian legislation if required. He can do this when placing the order or later by sending a message to the seller, but up to 24 hours after confirming the order.
(2) In order to properly compile the invoice for the respective order, the customer is obliged to constantly update the data in his account, if registered, or in his order. He is obliged to review the information specified in the relevant order to ensure that it is complete, correct, and accurate.
Art. 20 Orders from the site can be paid as follows:
(1) cash on delivery (applies to the order of goods within Bulgaria) - in this case, the value of the ordered goods and delivery (unless free) should be paid by the customer, by a third party specified by him or his representative of the courier making the delivery, at the time of receipt of the goods against a fiscal receipt provided by the latter; if such a method is chosen, an additional "cash on delivery" fee is charged; payments are also accepted in cash upon delivery by another carrier or the seller's own transport, in which case the customer receives a receipt for the payment;
(2) by bank transfer (currently not applicable) - in this case, the value of the ordered goods and/or services and delivery (unless free), should be paid by the customer or by a third party selected by him the seller's bank account, the payment is considered completed only after it has been confirmed and the corresponding amount has been credited to the Cybellee bank account;
(3) by debit or credit card (virtual POS terminal), as well as via E-pay - in this case, the value of the ordered goods and/or services and delivery (unless free) should be paid by the customer or by a third party selected by him through our partner's payment system, to which the client will be automatically redirected and where the client should enter his card details, the payment is considered complete only after the system successfully registers the payment and the amounts are verified in the Cybellee account; For payments other than bank transfers, the transaction is processed by payment institutions and Cybellee does not receive any data about your credit or debit cards. When paying with a bank card, the customer must enter in the payment form complete details of the bank card with which to make the payment - card number, validity period, CVC / CVV security code, the personal secret password for 3D identification. By providing the necessary data, the customer or third-party payer identifies himself, confirms the amount of the payment, and orders the card account to be debited with the amount of the payment and to be transferred to the Cybellee account. The customer is not entitled to contest a payment confirmed by entering a valid password (CVC / CVV security code, personal secret password for 3D identification, or other passwords/identification code) or a payment confirmed by entering a 6-digit access code to the mobile application.
(4) through consumer credit (currently not applicable) - cf. the next art. 21 of these Terms;
(5) via PayPal (currently not applicable) - in this case, the value of the ordered goods and/or services and delivery (unless free) should be paid by the customer or by a third party selected by him through the system on PayPal; if you choose this type of payment, you will be redirected to the PayPal system, where you must enter your e-mail and password or register if you do not have one. The payment is considered completed only after the payment transaction is confirmed and the amounts will be credited to Cybellee's account;
Art. 21 A customer who wishes to purchase goods from the seller on installment and in case this service is available on the Site for the specifically selected product/service, should apply to a financial institution for a loan specified in the Site. This service may not be available for certain products or for a limited time.
(2) The right to apply for a loan has only a client for whose specific online order is indicated on the Site the possibility of granting a loan.
(3) The application is made only online through the Cybellee site and only through a profile registered by the client on the Site or in the system of the granting institution, by clicking on the button "Buy on credit", followed by the procedure. The client should fill in a form with his personal data in the specified fields and accept the general conditions and will be redirected to the website of the respective credit institution, where the Conditions for the provision of financial services at a distance apply.
(4) The conditions to which the client must meet in order to be granted a loan shall be determined unilaterally by the financial institution in accordance with its credit policy. The seller does not participate in any way in the crediting of the purchase, as well as in any of the relations in connection with the crediting, including, but not limited to determining the conditions for applying for a loan, approval or refusal of credit, determining the terms and conditions of the loan agreement, in case of non-performance - in the undertaking of the actions provided by law related to enforcement, etc. The seller is not a representative and does not perform intermediary activities for the benefit of any commercial bank.
(5) In case the client is approved for the loan, the institution shall send the respective notification to the seller. The delivery of goods or services purchased on instalment is made only after the seller has been duly notified by the financial institution that the applicant has been approved.
VIII. PRODUCTS DELIVERY
Art. 22 (1) Cybellee undertakes to deliver the ordered and purchased goods itself or through a courier company to an address specified by the customer or to an office of the courier company, depending on the customer's choice. In the case of door-to-door delivery, the customer must specify the floor to which the products should be delivered in the address field in the electronic form of the Site. Otherwise, the delivery will be made to the building specified as the delivery address. The delivery of heavy or bulky goods can be realized to the door of the building or to the site itself for an additional fee. In this case, you will be explicitly informed by Cybellee. Some products on the site can be offered only with delivery to a courier office, but not to an address specified by the customer.
(2) In case the client is registered on the Site and has more than one address saved in his account, the delivery will be sent to the one indicated as the main one.
(2) Cybellee usually sends goods ordered by a customer through courier company "Speedy" or equivalent, and the customer in certain cases has the right during the order to choose which courier company to perform the delivery, whether it will be to his office or to door to the address specified by the customer.
(3) The payment of the price for delivery, unless otherwise agreed, shall be made together with the payment of the price of the order, as the moment of payment may be different according to the method of payment chosen by the client art. 20 of these General Terms and Conditions.
(4) Cybellee will perform the delivery of the goods and the provision of the services as a priority on the territory of Bulgaria. For deliveries to other countries in the European Union or to third countries, Cybellee offers its goods and services in limited quantities through www.cybellee.com and other appropriate platforms with advertisements described in the appropriate language. In case a customer wants a specific product to be delivered to an address outside the territory of Bulgaria, he should contact Cybellee.
Art. 23 (1) The price for delivery of goods ordered by Cybellee is calculated automatically before the customer completes his order. In certain cases, the delivery price is fixed, regardless of the number of items, as explicitly stated on the Site and/or in the specific ad.
(2) The price of delivery depends on the selected supplier, the size and volume of the shipment, the delivery address, and the same, when within Bulgaria, varies from BGN 3.00 to BGN 50.00 for standard shipments weighing up to 10 kg. Where the consignment is within the European Union, prices may vary depending on the Member State to which it is sent. For more information visit Speedy for Cost-effective service for land deliveries from/to Bulgaria to/from Central and Eastern Europe, Speedy for Land deliveries of non-palletized (package) door-to-door shipments Bulgaria to Europe, and Speedy for Land deliveries of non-palletized (package) shipments from Europe door to Speedy/door office in Bulgaria. When the consignment is for a country / and outside the Member States of the European Union, the prices may vary depending on which country it is sent to, which transport is used for delivery and which supplier will be chosen to perform the delivery. In such cases, please contact the Cybellee team at the contacts listed on the site or through the official Cybellee social media accounts. To accurately calculate the value of the delivery within Bulgaria and a member state of the European Union, review your order or use a calculator to calculate the delivery price of Speedy.
Tip: Delivery to a courier office is cheaper than delivery to a specified address.
(3) Cybellee has the right to provide that a delivery price is not due by the customer in the case of order above a certain value. This circumstance will be indicated on the site and when placing an order.
(4) In certain cases the courier company charges additional fees for services such as delivery at a fixed time, delivery on a weekend, SMS notification of a received shipment, "cash on delivery" fee.
(5) Unless otherwise indicated in the announcement of the selected product, the following conditions and prices of delivery in Bulgaria shall apply:
- Delivery to the client's address - the shipment is sent within 3 working days from the processing of your order to the address specified by you with the courier company Speedy;
- Delivery to the courier office - the shipment is sent within 3 working days of processing your order;
(6) There are special places (mostly villages and some cities) with a special offer of delivery by the post provider services (according to the schedule). You will be informed by us in the presence of such circumstances. You will be informed by us in the presence of such circumstances.
(7) In case of cancellation of an order within the 14-day period and in case of the selected initial delivery to the customer's address, the customer shall be obliged to reimburse the courier costs for both the first delivery and the delivery for the product return.
(8) Unless otherwise stated in the advertisement of the selected product, the following conditions and prices of delivery in the Member States of the European Union shall apply:
- Delivery to the client's address - the shipment is sent within 7 working days from the processing of your order to the address specified by you with the courier company Speedy;
- Delivery to a courier office - the shipment is sent within 7 working days of processing your order;
Art. 24 (1) Orders of goods from Cybellee are accepted 24 hours a day, including weekends and public holidays. Accepted orders are processed and sent by courier within 3-7 working days from the day you received the notification under Art. 14, para. 2 that we will fulfill the order, resp. from the date of the order or payment received (for orders paid by bank transfer). The delivery period is extended according to the number of weekends for orders on Friday, Saturday, Sunday, and during public holidays. Please note that the standard delivery time does not apply to all goods offered. For goods for which there is a longer delivery time, this is noted in the announcement of the product itself.
(2) The maximum term of delivery of goods within the Republic of Bulgaria shall be 7 (seven) working days from the date of confirmation by the seller under Art. 14, para. 2 that the order will be fulfilled.
(3) The maximum term of delivery of goods within the European Union shall be 9 (nine) working days from the date of confirmation by the seller under Art. 14, para. 2 that the order will be fulfilled. More information about the delivery time can be found on Speedy for Cost-effective service for land deliveries from/to Bulgaria to/from Central and Eastern Europe, Speedy for Land deliveries of non-palletized (package) door-to-door shipments Bulgaria to Europe, and Speedy for Land deliveries of non-palletized (package) shipments from Europe door to Speedy/door office in Bulgaria.
(4) The period for delivery of goods ordered under the terms of credit or repayment is from 24 hours to 4 working days and begins to run from the moment Cybellee receives the notification of approval of the loan applicant and receives the credit for the products/services amount.
(5) Cybellee reserves the right to unilaterally extend the delivery period by up to 7 working days without notifying the customer and to extend the terms by more than 7 working days with the prior consent of the latter.
(6) In all cases, a delay in the specified delivery times is possible, of which you will be notified in good time by Cybellee.
(7) Cybellee shall not be liable for delay in delivery due to circumstances beyond Cybellee's control, such as delay by the courier performing the delivery, prohibition by a state authority, extraordinary or force majeure circumstances, force majeure under Art. 306 of the Commercial Code.
(8) Cybellee has the right to unilaterally extend the delivery period or to refuse delivery of goods or services in cases where the contract is ordered with payment by bank transfer, virtual POS/card, and the payment is not credited to the seller's account.
(9) The maximum term of delivery of goods within the Republic of Bulgaria shall be 7 (seven) working days from the date of confirmation by the seller under Art. 14, para. 2 that the order will be fulfilled.
Inspection for delivery defects
Art. 25 (1) When delivering goods ordered by Cybellee, the customer undertakes to carefully inspect it in person or through a third person authorized by him, accepting the same.
(2) Upon ascertainment of externally visible defects - possible damages, shocks, and other damages, established upon delivery, the customer or the third party should sign a report for damages in the presence of the courier, in which a protocol describes the established defects and immediately, no more. no later than 72 hours after delivery, notify Cybellee of the findings.
(3) When the delivered goods clearly do not correspond to the ones ordered by the Customer and this can be established during a simple inspection of the delivered goods, the customer has the right within 72 hours to request Cybellee to replace the delivered goods with goods corresponding to the order.
(4) The notification may be made in any of the ways listed in Section II of these General Terms and Conditions or through the contact form on the website.
(5) Upon notification under the previous paragraphs, Cybellee will replace the damaged / non-conforming goods within 3 / three / working days, except in cases where goods of the same type are not available, for which Cybellee will inform the customer in due time and will contract with the customer the terms of replacement.
Acceptance of the shipment
Art. 26 (1) Upon acceptance of the delivery by the customer or a third party without remarks, all and any subsequent claims for externally visible defects of the received goods appear unfounded and as such should not be satisfied. In case no damage report is prepared and signed in the presence of the courier upon receipt of the goods and/or the customer does not immediately notify within 72 hours of delivery Cybellee to the phone number/email/address specified in the Site, the customer loses its right to bringing the identified external visible defects in accordance with the sales contract.
(2) The above does not release Cybellee from its obligation to offer goods and services in accordance with the sales contract and to provide the customer (individual) with the rights arising from the legal guarantee described in Section X of these General Terms and Conditions.
(3) In case of refusal to accept the delivery, the consumer shall owe all costs of the delivery, which include the price of courier services and packaging.
Art. 27 Upon delivery of the goods (except in the case of delivery of goods on installment), the customer or a third party accepting the delivery to the address specified by the customer is obliged to sign the accompanying documents. A third party is considered to be any person who has not performed the order but accepts the goods upon delivery to the delivery address specified by the Customer.
Art. 28 Cybellee ensures the proper packaging of goods and the sending of supporting documents. If for any reason the shipment does not contain the necessary document or component for the ordered product, please contact us and we will do our best to provide it as soon as possible.
Non-acceptance of the order and unfounded refusal
Art. 28a In the event that a customer or a person designated by him is not found within the delivery period at the address specified by him and/or access to the delivery address is not provided, Cybellee will accept this as an unjustified withdrawal from the contract and shall be released from his obligation to deliver the ordered goods, and the customer loses the opportunity to deliver the goods ordered by him.
(2) Cybellee reserves the right to send a notification of unsolicited shipment to the e-mail or physical address specified by the customer, as well as to claim the costs of delivery and return of the goods/goods. Cybellee and the customer agree that the notification, when sent electronically, will be considered in writing and received from the day of its sending by Cybellee, without the need for the notification to be signed with an electronic signature.
(3) In the above cases the customer may confirm his desire to receive the goods after the expiration of the delivery period in which he was not found at the address, but bears all delivery costs. In this case, a new delivery period starts to run from the moment of confirmation. Cybellee is released from the obligation to deliver if the ordered goods are no longer available.
(4) In the cases under art. al. 2, the customer owes Cybellee payment of the amount for delivery and return of the goods within 7 days of receipt of the notification, unless otherwise specified in the notification.
IX. RIGHT OF REFUSAL AND REPLACEMENT OF PRODUCT
* This section is only applicable to users
Term of the right of withdrawal and right of replacement
Art. 29 (1) Within 14 days of receipt of the goods - when ordering goods, the user has the right to refuse to order the goods from the Site, without specifying the reason or motive for this and without requiring penalties or other damages of Cybellee, except for its return, but also for the initial shipment of the goods, when the shipment at the request of the consumer is made to the address specified by him, and not to the courier's office. In case the product or the packaging is arranged more than usual for its testing, Cybellee has the right under Art. 35 to deduct an appropriate amount for the reduced value of the goods from the amount to be refunded, which may not exceed the value of the goods. Cybellee may provide for a shorter withdrawal period, but not less than 14 days.
(2) When the consumer exercises his right to withdraw from the distance contract or from the off-premises contract, each additional contract shall be terminated automatically, without the consumer owing any costs, compensations and/or penalties, except for the costs provided in Art. 29, para. 1, in conjunction with Art. 35 of these General Terms and Conditions. This consequence does not apply to Art. 28 of the Consumer Credit Act.
(3) The right of withdrawal does not apply, respectively Cybellee has the right not to respect the exercised withdrawal in case if: (i) the period for exercising the right of withdrawal has expired; ii) the consumer has not returned the goods to the seller within the term under Art. 33; (iii) the consumer has not returned the goods in their entirety, together with the components and accessories; (iv) there is insufficient data to believe that the product was purchased from Cybellee (no invoice, receipt, etc.); (v) the right of withdrawal is exercised for a service which, at the consumer's request, has started immediately after the order and the consumer has agreed to waive his right of withdrawal; vi) the cases described in Art. 30 of these General Terms and Conditions; (vii) the refusal clearly constitutes an abuse of rights by the consumer - for example, the returned goods have obviously been used more than necessary for the test or the consumer has damaged the goods; (viii) the consumer has returned the product by requesting cash on delivery - in which case Cybellee has the right to refuse to accept the returned product and pay the cash on delivery, and the consumer must resend the goods to Cybellee without cash on delivery; ix) the buyer is not a consumer;
(4) The term for withdrawal from an order, when it contains many goods delivered on different days, is 14 days from the date on which the consumer or a third party designated by him enters into possession (received) the last goods from the order;
(5) The term for withdrawal from an order consisting of multiple lots or parts shall be 14 days from the date on which the consumer or a third party designated by him enters into possession of the last lot or part;
(6) The term for refusal of a subscription order, which regularly delivers goods for a certain period (for example, a subscription to receive a product every month) is 14 days from the date on which the consumer or a third party designated by him enters in possession of the first commodity;
Goods and services for which the consumer has no right of refusal and right of replacement
Art. 30 The consumer has no right to withdraw from the contract or request a replacement product with another, in the following cases:
(1) in the provision of services where the service is fully provided and its performance has begun with the explicit prior consent of the consumer and confirmation by him that he knows that he will lose his right of withdrawal after the contract is fully performed by the seller ;
(2) in the case of supplies of goods or services, the price of which depends on fluctuations in the financial market, which cannot be controlled by sellers, which may occur during the period for exercising the right of withdrawal;
(3) in case of delivery of goods, made to order of the consumer or according to his individual requirements;
(4) in case of delivery of goods, which due to their nature may deteriorate or have a short shelf-life;
(5) on delivery of sealed goods which are unsealed after delivery and cannot be returned for reasons of hygiene or health protection (eg spectacles, lenses);
(6) in the case of supplies of goods which, after being delivered and by their nature, have been mixed with other goods from which they cannot be separated, as well as in the case of goods already fitted by the consumer, Cybellee or other persons and cannot be separated from other things;
(7) upon delivery of sealed audio or video recordings or sealed computer software that are printed after delivery, as well as those on which user configurations of settings and other changes to the software of the goods have been made;
(8) in the case of the provision of digital content which is not supplied on physical media, where performance has begun with the express consent of the user, who has confirmed that he knows that rank will lose its right of withdrawal;
(9) in case of delivery of goods, which are not mass-produced, are not kept in stock, but are made individually and especially for the consumer;
(10) in the case of delivery of goods which have been processed by the consumer;
(11) in the case of a returned product that is visibly used by the consumer or damaged;
(12) for orders not made online (remotely);
The right to refuse and return books and brochures on electronic media is not accepted. If the books and brochures are on paper and you exercise your right of withdrawal, in case of established use, we will refuse to refund. Returned diffusers and other products will be inspected for traces of use and, if necessary, we may disregard your refusal or claim an amount for the reduced value of the product. Reserved massage hours are subject to free cancellation in case you have informed us that you will show up no later than 2 days before the reserved time. In case of cancellations after that - the amount for the paid service is not refundable!
Art. 31 (1) Within 14 days from the receipt of the goods the consumer has the right to replace a product, in case the delivered goods do not correspond to what is expected by the consumer given the normal purpose of the product.
(2) In case of exercising the right of replacement and the existence of preconditions for its observance, Cybellee undertakes to replace the product with another within 14 (fourteen) days from the date on which the consumer has returned the respective product to Cybellee. In case the seller does not have the requested product and it is not available, he offers the consumer another product, and with the consent of the latter the exchange takes place with this other product, and in case of price differences between the two products the parties agree on additional payment. recovery of the selling price that formed the difference. In the absence of consent, Cybellee shall reimburse the consumer for the amount paid for the goods within the time limits and under the conditions set out in the preceding paragraphs of this provision.
Notification of refusal
Art. 32 (1) The notification by the consumer that he withdraws from the contract or that he wishes to replace the received product with another of the same type (for consumer customers), shall take place within the term under Art. 29, in one of the following ways:
- by calling Cybellee contact numbers;
- by e-mail to the e-mail address of the Seller in the free text;
- by letter with acknowledgement of receipt to Cybellee in the free text;
- by completing and submitting to the Cybellee a Standard Withdrawal Form in the form available below;
(2) The user may, but is not obliged to use the Standard form for refusal or replacement according to a sample, as follows:
To "AGRIDO TRADE" Ltd., with registered office and address of management: Ruse, Bulgaria PO Box 7000 Blvd. / 8 Borisova Str., 3rd floor, 3rd floor, e-mail: email@example.com
Order return address:
Ruse, Bulgaria PO 7000 Blvd. 8 Borisova Street, 3rd floor
* Forms for withdrawal request in Bulgarian, in English
Return of goods
Art. 33 (1) In case of refusal to order a product from Cybellee, as well as in case of a request for а replacement, the consumer shall, within 14 days from the notification that he refuses the order or wishes to replace a product, return the product in its entirety and in good condition. , in which the goods were on receipt, together with the invoice and/or receipt issued by Cybellee and issued by the seller or courier who delivered the goods to the above address. In certain cases, Cybellee may refund you without returning the product.
(2) When returning the product, the consumer should indicate to the postal operator or courier company that he wants the service "Inspection of goods", as our department checks the condition of the goods before accepting them back and refunds to the consumer.
(3) The return of the goods shall be at the expense of the consumer. If the consumer has not paid for the return delivery, Cybellee deducts the delivery costs from the price to be refunded and returns the consumer difference.
(4) Returned shipments in case of “cash on delivery” requested by the consumer will not be accepted until their re-sending without “cash on delivery”. Cybellee needs technological time to check the contents and condition of the returned shipment.
Refund of amount paid
Art. 34 (1) Upon exercising the right of withdrawal and the existence of prerequisites for its respect, Cybellee undertakes to refund the price paid under the contract concluded at a distance from which the consumer has withdrawn within 14 days of notification of refusal, and when the goods are returned by the consumer or courier - within the date on which the latter returned the product or from the date of providing indisputable proof of return of the product by the consumer, which occurs earlier from both moments. In case of exercising the right to refuse services, the deadline for refunding the amounts paid by the user is 14 / fourteen / days from the date of notifying Cybellee of the refusal. The recovery of sums shall be carried out after deduction of sums by the order of art. 35, if applicable.
(2) The amount subject to reimbursement under para. 1 shall include the price paid by the consumer for the goods or the service without the price for courier services for return of the goods, as well as for the initial delivery if it has been realized to the address of the consumer.
(3) The amount will be reimbursed as follows, without incurring any additional costs for the consumer, unless the bank or the payment institution serving him does not charge any fees:
- Payments made by bank transfer, debit, or credit card - to a bank account provided by the consumer or by refunding the amount to the account from which the payment was made.
- Payments made by cash on delivery or otherwise - to a bank account additionally provided by the consumer or by cash on delivery - at the consumer's option;
- Payments on consumer loans - after the termination of the consumer loan agreement and recalculation of loan instalments - most often to the bank account from which the amounts for loan installments were received or in another way determined by the bank that granted the loan.
- Payments on orders from users are refunded with the same means of payment used by the user in the initial transaction, unless the user has expressly agreed to use another means of payment and without incurring costs for the user.
Art. 35 Cybellee has the right to deduct from the value under Art. 34, para. 1 before its restoration, respectively:
(1) the amount of the reduced value of the product, including its packaging, if after the return waste and/or damage to the product or packaging is found, which is not due to its ordinary testing;
(2) the amount for the part of the service performed until the moment of refusal if the consumer has stated that he wishes the performance of the service to start immediately; if the customer is a trader or a professional this clause applies without the need for explicit consent to start the service and only if Cybellee gives him the opportunity to refuse;
(3) the proportionate amount of what was actually provided to the consumer up to the time he notified Cybellee of the refusal if the consumer had stated that he wished to start the service immediately; if the customer is a trader or a professional this clause applies without the need for explicit consent to start the service and only if Cybellee gives him the opportunity to refuse;
(4) the cost of returning the goods back to Cybellee;
(5) the costs for the initial shipment of the goods, when the shipment at the consumer's request is made to an address and not to an office of the courier company; if the customer is a professional, he always owes payment for the initial shipment of the product, in case Cybellee gives him the opportunity to refuse;
Art. 36 In cases where the performance of the service has started within 14 days of the order with the prior consent of the consumer and received from the last transfer (deposit) and subsequent exercise of his right of withdrawal, Cybellee is entitled to deduct from the deposit amount equivalent to what has been done so far. In the absence of a deposit, Cybellee retains the option to claim payment from the consumer. If the customer is a trader or a professional, this clause applies without the need for prior consent and only if Cybellee gives him the option to refuse;
Extract from the Consumer Protection Act
Art. 37 An excerpt from the waiver system can be found on the website of the Consumer Protection Commission.
Other cases of refusal (cancellation)
Art. 38 (1) Each of the parties has the right to refuse to fulfil (cancel) the order or its obligations under it, for which it should notify the other party in an appropriate manner.
(2) If the cancellation of an order is before the confirmation of the possibility for execution under the cm is of art. 14, para. 2, Cybellee / the user is not responsible and does not owe compensation and penalties to the other party.
(3) Cybellee may unilaterally cancel an order if the customer has requested a product or service from the Site, noting that the order is intended for a third party (eg a gift), whose data he has provided for the purpose of delivery. Cancellation, in this case, may be made if Cybellee suspects that the shipment has threatening, reprehensible, mocking, or other purposes contrary to morals and ethics.
Art. 39 Cancellation of an order does not entail any liability or subsequent obligation of either party to the other in relation to it and accordingly, neither of them has the right to seek compensation from the other for its cancellation in the following cases:
(1) non-acceptance by the issuing bank of the client of the transaction for online payment;
(2) the execution of the money transaction, which does not lead to the receipt of funds on the seller's account for online payments;
(3) non-fulfilment or cancellation of an order by the seller before there is a confirmation for the same within the meaning of Art. 14, para. 2 of these General Terms and Conditions;
Art. 40. In the cases under art. 39 The order is cancelled automatically.
X.WARRANTY. RIGHT TO COMPLAINT
* This section is only applicable to users
Non-compliance of the goods with the contract. Legal guarantees
Art. 41 (1) Cybellee offers all consumer goods on the Site with a legal guarantee for compliance of the goods with the contract in accordance with applicable law. A product complies with the contract when it has the usual quality, functionality, and purpose for this type of product.
(2) Any non-conformity of the goods with the contract of sale which occurs within 6 months of delivery of the goods shall be deemed to have existed at the time of delivery unless the seller proves that the non-conformity is due to other reasons Cybellee does not respond. For discrepancies that occur after the 6-month period, the user must prove that the cause of the defect is the responsibility of Cybellee.
Deadline for filing a complaint
Art. 42 The complaint of a good / service may be filed by the order of art. 44 by the user within the following time limits:
(1) within 24 months from the delivery of the goods, but not later than two months from the establishment of the non-compliance with the agreed, unless the non-compliance is obvious, in which case the terms specified in para. 2 of this provision;
(2) within 72 hours of acceptance of the goods, where the non-conformity is external, visible, and obvious and could have been established at a particular inspection during or immediately after delivery;
(3) within 24 months from the delivery of the service, but no later than 14 days from the establishment of the non-compliance with the agreed;
(4) The time limit shall run during the time necessary to reach an agreement between Cybellee and the consumer to resolve the dispute.
(5) The warranty period shall begin to run from the date of receipt of the goods.
Art. 43 There is no non-compliance of the goods with the contract of sale in the following cases:
(1) the deviation/discrepancy is not significant;
(2) the consumer had special requirements for the product which he did not indicate in writing to Cybellee before the order and the product did not meet these expectations of the consumer;
(3) the non-conformity is due to the nature of the goods and their normal wear and tear over time;
(4) non-compliance is caused by improper operation / installation / storage / use of the product;
(5) the consumer at the conclusion of the contract (order) knew or could not know about the discrepancy - for example at the time of the order the consumer is informed by us that the product has certain discrepancies with the usual (eg product of category on the site revalued goods, defective goods, unpacked goods when it is clearly stated on the Site that the goods have been reduced due to a defect or a specific circumstance);
(6) the non-conformity is visible and obvious and concerns the appearance of the goods (eg scratches, tears on the packaging or part of the contents of the product) and could be found in a simple inspection of the goods upon receipt (delivery) and yet the consumer has not signed a protocol for damages to the courier and or has not notified Cybellee within the time limits under Art. 26, para. 1 of these General Terms and Conditions;
(7) the non-conformity has occurred after the expiry date indicated on the packaging of the goods;
Art. 44 (1) The consumer has the right within the terms, specified in art. 42, to file a complaint with Cybellee for any non-conformity of the goods with the agreed/ordered/, when after delivery, non-conformities of the goods with the sales contract are found, regardless of whether the manufacturer, importer, or seller has provided a commercial guarantee for the goods.
(2) The bringing of the goods into conformity with the contract of sale by Cybellee shall be free of charge for the consumer. The customer-user does not owe shipping costs or for materials and labour related to its repair, and does not tolerate significant inconvenience. The professional customer owes the cost of shipping the goods if he delivers them by courier and only if Cybellee has provided him with a guarantee of conformity of the goods.
(3) When filing a complaint, the consumer shall indicate the subject of the complaint, his preferred way of satisfying the complaint, preferred way of contact;
(4) The filing of a claim shall not be an obstacle for filing a claim.
(5) When submitting a complaint, the consumer must also enclose the documents on which the claim is based, namely: i) receipt or invoice; (ii) protocols, acts, or other documents establishing the non-conformity of the goods or services with the agreed - if any; (iii) other documents establishing the claim on the grounds and amount.
(6) The complaint shall be submitted to Cybellee in one of the following ways at the choice of the consumer:
- by calling Cybellee contact numbers;
- on the spot at the address: gr. Ruse, PO 7000 Blvd. 8 Borisova Street, 3rd floor
- via email to Cybellee's free text email address;
- by letter with acknowledgement of receipt to Cybellee in the free text;
by completing and submitting to the Cybellee the Standard Complaint Form as follows:
To "AGRIDO TRADE" Ltd., with registered office and address of management: Ruse, PO 7000 Blvd. / 8 Borisova Str., 3rd floor, 3rd floor, e-mail: firstname.lastname@example.org
Ruse, PO 7000 Blvd. 8 Borisova Street, 3rd floor
* Forms for complaint request in Bulgarian, in English
Art. 45 (1) In cases where the complaint is filed outside the site of Cybellee, the consumer should provide the goods to the seller at the address: Ruse, Bulgaria, PO 7000 Blvd. 8 Borisova Street, 3rd floor.
(2) The delivery, if a courier is used, shall be at the expense of Cybellee, in case the claim is accepted by Cybellee as justified.
Art. 46 If Cybellee has provided a commercial guarantee for the goods, supplementing the legal guarantee under Art. 42, and the term of the commercial guarantee is longer than the terms for filing the claim, the claim may be filed until the expiration of the term of the commercial guarantee.
Registration of the claim. Alignment
Art. 47 (1) Cybellee in case of a complaint shall enter the same in the Register of Complaints, providing the user with the number and date of the complaint, as well as information on which employee has accepted it.
(2) Within 30 days from the filing of the complaint, Cybellee shall decide whether it is justified or not.
(3) The consumer shall immediately notify Cybellee, in case he/she is not provided with a document containing the data under para. 1.
Art. 48 In case of justified complaints, Cybellee shall bring the goods in compliance with the contract of sale within the term under 47, para. 2. The goods are brought in accordance with the validity of the contract free of charge in one of the following ways at the discretion of the Seller according to the nature of the non-compliance:
(1) repair of the goods (if possible and applicable) - all repairs of products purchased from the Site are performed in Bulgaria in services authorized by the seller;
(2) replacement of the goods with a new one of the same type;
Art. 49 (1) If any of the actions, specified in art. 48, para. 1 and para. 2, proves impossible or inappropriate due to reasons such as the impossibility of repair due to excessive repair costs exceeding the value of the goods, due to a significant irreparable defect or due to the nature of the goods, impossibility of replacement due to missing product availability, Cybellee returns the value paid by the user. the goods and for their delivery.
(2) Reimbursement of the price of the goods and their delivery Cybellee owes in the following cases:
three times already repaired goods have been repaired within the term under Art. 42, para. 1, the goods again show non-conformity; when he has not ruled on the claim within the term under Art. 47, para. 2 of these General Terms and Conditions;
Art. 50 (1) If the goods have not been unreasonably repaired or replaced by Cybellee within the term under Art. 47, para. 2, the consumer has the right to cancel the contract and to be reimbursed the amount paid or to request a reduction in the price of the goods.
(2) The consumer may not claim for cancellation of the contract if the non-conformity of the goods with the contract is insignificant.
(3) The consumer has the right under para. 1 and when he is not satisfied with the resolution of the complaint by Cybellee. The latter is obliged to satisfy the consumer's request, when after he has satisfied three complaints of the consumer by repairing the same product, within the term under Art. 42, para. 1, there is another occurrence of non-compliance of the goods with the contract of sale.
(4) The consumer may not claim a refund or a reduction in the price of the goods when Cybellee agrees to replace the goods with a new one or to repair the goods within one month of the consumer's complaint.
(5) In any case of a satisfied complaint, Cybellee shall issue to the consumer a copy of the satisfied complaint, showing the action taken on the complaint.
Art. 51. The complaint is unfounded and will not be accepted when:
(1) has been filed after the expiration of the terms under Art. 42;
(2) any of the conditions in Art. 43;
(3) for the manufacture of the product materials of the client have been used, which due to their quality have led to non-conformity of the finished product received from the materials;
(4) the consumer has not provided the documents under Art. 44, para. 5 and or has not returned the product, respectively has returned it without the accessories and components attached to it;
(5) repairs have been made or an attempt has been made to carry out repairs and rectify non-conformities by a person or service centre not authorized by Cybellee;
(6) a modification or change of the technical characteristics has been made and this has happened without the knowledge and consent of Cybellee and outside of its authorized service centre and or in violation of these General Terms and Conditions;
(7) there is damage caused by the user and or a third party for which Cybellee is not responsible, as in cases where the defect is caused by other modules and devices used in conjunction with the warranty product;
(8) the physical integrity of the product and/or warranty labels, seals, and factory labels aimed at preventing unauthorized interference has been compromised;
(9) in the event of a chemical, electrical, and/or other effects not related to the normal operation of the product, as well as when the defect is caused by circumstances for which Cybellee is not responsible - mains failures, electric shocks, lightning, improper earthing, mechanical deformations, natural disasters, non-compliance with the specified requirements for the power supply, damage caused by water or moisture;
(10) the complaint concerns a product that was not purchased by Cybellee (for example, you indicated that the product was purchased from us, but you sent us another product);
(11) in the event of a complaint and a product returned by the consumer in poor condition, if the type of product clearly indicates: (i) abuse of rights; (ii) failure of the consumer to take due care; (iii) improper use and or maintenance of the product, which may lead to the conclusion that the defect is due to its fault (scratching, breaking, crushing the product and or its components, traces of force applied to the product, dropping, squeezing, etc.) ; (iv) improper installation, mounting or tampering; (v) removal or modification by third parties of elements of the product;
(12) there is no discrepancy;
Art. 52 (1) In case of unfounded complaint Cybellee informs the consumer in writing about its decision and is released from liability to respect the complaint and to bring the goods in accordance with the contract. If the user is dissatisfied with the solution here to Cybellee he can bring his claim to court. He can do this without making a complaint to Cybellee or waiting for the dealer's opinion.
(2) The repair/repair of products outside the warranty period or within that period, but provided that Cybellee's obligation to bring the goods into conformity with the contract of sale has lapsed for any reason, shall be subject to payment by the consumer and is carried out within a period agreed between the parties.
Extract from the Consumer Protection Act
Art. 53 An excerpt from the law on the right to complain and a legal guarantee can be found on the website of the Consumer Protection Commission.
XI. INTELLECTUAL PROPERTY
Art. 54 (1) All content present on the Site, namely - the logo, together with the figures and text contained therein, inscriptions and images, drawings, diagrams, graphics, design, database, descriptions, methods, processes, and other objects of intellectual property and copyright, the content of the General Terms and Conditions, are the property of "Agrido SCIENCES" Ltd. or third parties from whom "Agrido SCIENCES" Ltd. has obtained consent for reproduction and or has a contract for the use of the intellectual property and or copyright right.
(2) Cybellee is a trading name, brand, and domain used by AGRIDO TRADE Ltd.
Art. 55 Cybellee reserves all rights to the intellectual property in any way associated with the Site.
Art. 56 Certain products displayed on the Site have their own, specific, and one-of-a-kind design, owned by Cybellee, which is the subject of copyright and intellectual property.
Art. 57 Visitors to the Site may use the content only for the purpose of purchase and sale. The use of the content for purposes other than those set out in the General Terms and Conditions is considered a violation of these General Terms and Conditions of the Site, as well as a violation of intellectual property owned by "AGRIDO TRADE" Ltd.
Art. 58 Each product and each service displayed and offered on the Site meets the European and national requirements concerning the specific product / specific service.
Art. 59 (1) Visitors to the Site may copy, share, transfer and/or use the content only for personal non-commercial purposes and only in cases where this does not contradict the provisions of this chapter of this document and the express written consent of of "AGRIDO TRADE" Ltd. or third parties, holders of copyright and other intellectual property rights, who have given their consent to use their works and other objects of intellectual property.
(2) Cybellee entitles owners of other sites and others to post links to the online store only when the link is clear and unambiguous.
(3) Copying of texts from the Site is prohibited. placing them on other websites and online stores without the written consent of Cybellee or without citing the source, with the following text: "Source: online store / specify the domain of our site /", and the link must lead to the online store Cybellee.
Art. 60 (1) At the moment when a natural person user creates an account registration (account) on the Site and or places an order, he has the opportunity to express his consent to receive advertising messages. He can also state this wish by filling in the subscription form available on the Site.
(2) Any person may consent to receive such messages by filling in the subscription form on the Site, sending a message/letter to the addresses indicated on the website, or by marking a specially marked consent to receive advertising.
(3) In order to provide advertising messages to legal entities registered on the Site and or to clients of legal entities that have ordered goods or services from the Site, Cybellee has no obligation to require consent to send advertising messages.
Art. 61 (1) The user may refuse to receive advertising messages at any time, using the special link found in each advertising message, by changing the settings in his account, or by contacting Cybellee in any other way. in these General Terms and Conditions and on the Site.
(2) The refusal to receive advertising messages does not mean automatic refusal of the given consent for concluding this contract.
XIII. PUBLICATION OF A COMMENT. QUESTIONS AND ANSWERS
Art. 62 Writing comments, questions, and answers, where applicable, can be done by visitors in the comments section. Written statements can be both positive and negative and must be valid and relate to the characteristics and use of a good or service.
Art. 63 Every visitor at the time of publishing a comment, question, answer in the above sections, undertakes to comply with the following rules:
(1) to refer alone o the characteristics and/or use of a particular product or service, avoiding information related to aspects that may change (eg price or promotional offers);
(2) to use only Bulgarian language and to write in Cyrillic; words or expressions are allowed that, although not Bulgarian, are widely used by all media in the field (example: mouse, notebook, plug, and play);
(3) use appropriate expressions that do not contain offensive expressions or that may affect the rights of a third party;
(4) to make sure that the information entered by him is realistic, correct, not misleading, and is in accordance with applicable laws, including respecting the rights of others - e.g. copyright, intellectual property rights, license rights, or other property rights, advertising rights or privacy rights.
(5) use this service only to communicate or obtain additional details about a particular product or service from the Site, without making references to other companies that promote the sale and purchase of goods and/or services;
(6) not to provide or request, in any way or form, personal data (contact details, delivery address or place of residence, telephone numbers, e-mail addresses, first and/or last names, etc.) or other information which may lead to the disclosure of such personal data;
(7) Do not publish information and/or details about URLs (links) from other sites that have the same or similar business as Cybellee.
(8) not to enter comments, questions, answers that contain materials of an advertising nature;
Art. 66 (1) Cybellee and the customer are responsible for any action or omission that has caused damage to any of the parties, including lost profits, in accordance with these General Terms and Bulgarian law.
(2) Cybellee / The Client shall not be liable for any damages suffered by the Client as a result of force majeure or those beyond the control of the country.
XV. PROCESSING OF PERSONAL DATA
Art. 67 (1) According to the General Regulation on Data Protection (Regulation (EU) 2016/679) and the Bulgarian legislation Cybellee and in particular AGRIDO TRADE Ltd. is a controller of personal data.
Art. 68 The personal data of the visitor may be provided to the prosecutor's office, the police, judicial institutions, or other state bodies, on the basis of and within the framework of the legal provisions and as a result of an explicit request made by them.
XVI. APPLICABLE LAW - JURISDICTION
Art. 69 (1) Disputes arising between Cybellee and users and customers of legal entities will be resolved by mutual agreement or if this is not possible, disputes will be resolved in accordance with Bulgarian law, unless the parties have agreed otherwise.
(2) The parties may resolve disputes arising between them out of court through the alternative settlement of disputes / ADR / between consumers and traders, which is out-of-court conciliation proceedings on a voluntary basis. The Joint Conciliation Commissions assist in reaching an agreement between consumers and traders in disputes over contracts for the sale of goods and provision of services. The Joint Conciliation Commissions are determined on a regional basis, The Consolidated List of Recognized Territories in the specific territory The consolidated list of recognized ADR bodies of the Member States of the European Union can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr .show.
Art. 70 Individual consumers can use the European Online Dispute Resolution Platform (ODR), available at http://ec.europa.eu/odr, which is a single access portal that allows EU consumers and traders to deal with disputes with each other.
XVII. CORRESPONDENCE BETWEEN THE COUNTRIES
Art. 71 Cybellee and all customers (individuals and legal entities), as well as visitors to the Site, agree that contact between the parties is accepted. at:
(1) For the seller: "AGRIDO TRADE" Ltd., UIC 206515048, with registered office and address of management: Ruse, PO Box 7000 Blvd. / 8 Borisova Str., 8, fl. 3:
- by phone: +359887364253;
- via email: email@example.com
- by letter to the address: Ruse, PO 7000 Blvd. 8 Borisova Street, 3rd floor;
- through the contact form on the Site;
(2) For the client or visitor to the Site:
- by the telephone number indicated by him in the order/correspondence;
- by e-mail specified by him in the order/correspondence;
- by letter to the address indicated by him in the order/correspondence as delivery address;
Art. 72 Notices and communications exchanged between the parties by e-mail (e-mail) shall be deemed to be in writing and the parties shall attach the same effect to a written document without the need for an electronic signature.
XVIII. AUTHORITIES REGULATING THE ACTIVITY
Art. 73 The bodies regulating the activities of Cybellee are the Commission for Consumer Protection / CPC /, the Commission for Personal Data Protection (CPDP), the Commission for Protection of Competition, and the National Revenue Agency with the following coordinates:
Consumer Protection Commission
- website: www.kzp.bg;
- contact phone 0700 111 22
- e-mail: firstname.lastname@example.org
- address: Sofia, Slaveykov Square, А4A, fl. 3, 4 and 6
Calls to 0700 111 22 are charged at the price of one local call, according to the sender's tariff plan
Commission for Personal Data Protection
- website: www.cpdp.bg.
- contact phone 02 / 91-53-518
- e-mail: email@example.com
- address: Sofia, Prof. Tsvetan Lazarov ”№ 2
National Revenue Agency
TD of the National Revenue Agency Sofia
- website: www.nap.bg;
- contact phone: 02/9859 3821; 02/9179124
-el. address: firstname.lastname@example.org
-address: Sofia, 215 Tsar Boris III Blvd., Vitosha Office or Sofia, 21 Aksakov Str. (Head Office);
Commission for Protection of Competition
- website: www.cpc.bg.
- contact phone: 02/9356 113
-el. address: email@example.com
-address: Sofia, 18 Vitosha Blvd.
* Bulgarian version of General Terms and Conditions - download from HERE