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1. OBJECTIVE OF THE GENERAL CONDITIONS
1.1. This document constitutes the general terms and conditions of the AQUARIUM.BG online shop that govern the use of AQUARIUM.BG, as well as the conclusion of a purchase contract with ISHOP Ltd. through the platform of AQUARIUM.BG
2. SELLER DETAILS
2.1. "IShop" Ltd. is a company with headquarters and business address in Pazardjik, 2 Gavril Krastevich Str. And address for correspondence Sofia, 17 Georgi Belov str., UIC 200349705 and VAT identification number in BG200349705.
2.2. "IShop" Ltd. manages the AQUARIUM.BG online store. "IShop" LTD. will be referred to as AQUARIUM.BG.
2.3. You can contact AQUARIUM.BG at the address above, at 0700 200 13 or at office@aquarium.bg. The cost of a call depends on your mobile plan.
3. DEFINITIONS
3.1. Buyer - a person of 18 years or over who has signed a distance-purchase contract through the AQUARIUM.BG online store
3.2 Seller – AQUARIUM.BG
3.3. The platform - the AQUARIUM.BG domain
3.4. Client - any private person or company using the Platform in any way including, but not limited to, viewing, making orders through it, buying, returning goods and performing any other actions through it.
3.5. Account - a section of the Platform accessible through an email address and a password that allows the Customer to send a Purchase Order and which contains information about the Client and the history of some of its actions in the Platform (Orders, Tax Invoices, etc.)
3.6. Favorite - a section in the account that allows the customer to create their own lists
3.7. Order - an electronic document, representing a communication form between AQUARIUM.BG and the Client, through which the Client declares to AQUARIUM.BG, through the platform, its intention to buy goods Platform.
3.8. Product (s) - Any subject of a purchase contract concluded between Buyer and Seller through the Platform.
3.9. Contract - is the distance contract concluded between the Seller and the Buyer for the purchase of Goods through the Platform, an integral part of which are the present General Terms and Conditions for the use of the Platform.
3.10. Content
• All information on the Platform.
• the contents of any message from the Buyer to AQUARIUM.BG.
• any information provided (irrespective of the method of delivery) by a client of AQUARIUM.BG of the Client
• information related to Goods and Services.
• Seller details.
3.11. Newsletter - means of informing periodically about the Goods and Services offered by the Seller and / or promotions sent electronically via e-mail.
3.12. Specifications - All features and descriptions of Goods and Services.
3.14. Review - Written assessment by the owner or user of the product or service.
3.15. Rating - a method of calculating a customer's level of satisfaction with a particular product. The rating is expressed in the form of stars, each product can be rated from one to five stars.
3.16. Comment - an assessment or a critical remark at the end of a Review or other comment.
3.17. Question - form of address to AQUARIUM.BG in order to obtain information about certain products or services.
3.18. Response - Written or verbal information that is passed on to the Customer who has asked a question in the Platform.
4.GENERAL TERMS
4.1. AQUARIUM.BG Terms of Service are mandatory for all Platform Customers.
4.2. Any use of the platform means that you are (a) carefully read terms and conditions for its use and (b) you agree to obey them unconditionally.
4.3. The terms and conditions may be changed unilaterally by AQUARIUM.BG at any time by updating them. These changes take effect immediately and are binding on all Platform Customers.
4.4. AQUARIUM.BG has the right to make changes to terms and conditions at any time in its sole discretion or if they are imposed by an effective legal instrument.
4.5. In each case of changing the general terms and conditions AQUARIUM.BG will inform your Customers about this by posting the changes to the Platform. In this sense, you as a Client have the obligation to refer to any changes to the General Terms of the Platform for each use.
4.6. If any of the provisions of these General Terms and Conditions for the use of the Platform are found to be invalid or unenforceable, whatever the reason, this does not invalidate the remaining.
4.7. AQUARIUM.BG strives to maintain the accuracy of the information presented in the Platform. However, considering possible technical errors or omissions in that information, AQUARIUM.BG specifies that the images of the products are illustrative and persuasive, respectively delivered products may vary from images.
4.8. The features and prices of the products listed in the Platform can be changed at any time. Due to technical reasons, they may contain errors for which AQUARIUM.BG apologizes to its Customers.
4.9. It is possible, due to the limited space and the consistent structure of the information, that product descriptions are sometimes incomplete. However, from AQUARIUM.BG we strive to provide the most relevant and important information.
4.10. All goods, including those in promotion, are sold and delivered until stocks are exhausted even if this is not explicitly marked on the Platform.
4.11. The platform may contain links to other sites. AQUARIUM.BG is not responsible for the privacy policy of websites it does not administer as well as for other information contained therein.
5.CONTRACT
5.1. The Customer declares his / her willingness to order and purchase a Product and / or Service through the Platform by making an Order electronically or by phone, which is accordingly registered by himself or by an employee of AQUARIUM.BG on his behalf.
5.2. AQUARIUM.BG will send a notification to the Client for the registration of the order in his system, which has no sense of acceptance, confirmation or a commitment for its implementation. This notification AQUARIUM.BG done electronically (e-mail) or by phone.
5.3. AQUARIUM.BG will send a notification to the Client for the registration of the order in his system, which has no sense of acceptance, confirmation or a commitment for its implementation. This notification AQUARIUM.BG done electronically (e-mail) or by phone.
5.4. The distance-purchase contract between the Seller and the Customer is deemed to have been concluded at the time of the confirmation of the order by telephone.
5.5. The purchase contract concluded between the Customer and the Seller consists of the present General Terms and any possible additional agreements between the Seller and the Buyer.
6. ONLINE SALES POLICY
6.1. Access to the Platform for the purpose of registering a Purchase Order is allowed to any Customer.
6.2. AQUARIUM.BG reserves the right, in its sole discretion, to limit the access of any Client to the execution of a Purchase Order and / or to any of the possible payment methods if it considers that this would be to the detriment of AQUARIUM.BG by any means way. Therefore, the Customer's sole right is to contact AQUARIUM.BG's Customer Relations Department to be informed of the reasons that have led to the implementation of the above mentioned measures. AQUARIUM.BG is not liable for any damages that the Customer has suffered or may suffer as a result of this decision, regardless of its correctness or merit.
6.3. The Customer has the right to post comments on Goods and / or Services and to contact AQUARIUM.BG at the specified addresses in the "Contact" section of the Platform. Posts or messages that contain profanity or inappropriate vocabulary will be removed from the platform or ignored.
6.4. The communication with the Seller can be done through a direct link or the addresses listed on the Platform in the Contact section.
6.5. AQUARIUM.BG may publish advertising or promotional information about the Goods and Services offered by it.
6.6. All prices of the Goods and / or Services of the Platform are final (including VAT and any other taxes or fees required by law).
6.7. In the case of online payments or bank transfer payments, Seller does not bear any liability for any charges in connection with fees, commissions or other additional payments made by the Buyer or his bank in connection with the transaction itself, and in the case of currency exchanges, applied by the bank issuing the card to the client in cases where the currency is different from BGN. That is why AQUARIUM.BG recommends to its clients to consult with their bank about any additional fees that could be charged to them on-line payments or through a bank for Products sold by AQUARIUM.BG.
6.8. All images of the Platform are solely intended to provide some insight into the type of Product / Service offered. Accordingly, some of the Platform's Goods and Services images (static / dynamic images / multimedia presentations / etc) may not match the appearance of the Goods or create the wrong impression of the Service offered. The seller will not be held responsible for such discrepancies.
7. THE RIGHT OF INTELLECTUAL AND INDUSTRIAL PROPERTY
7.1. Content as defined in the "Definitions" chapter, including but not limited to logos, and any graphic images or captions, trade symbols, dynamic symbols, texts and / or multimedia content of the Platform are exclusive property of AQUARIUM.BG.
7.2. AQUARIUM.BG has and reserves all intellectual property rights in any way associated with the Platform, whether it is its own or obtained through contractual licenses or in any other lawful manner.
7.3. The Client may not transfer, sell, distribute materials created through the reproduction (copying), modification or publication of the Content except with the express consent of AQUARIUM.BG.
7.4. Any Content to which the Client has access, regardless of the means, is subject to regulation by these terms and conditions.
7.5. Customer may only copy, transfer, and / or use the Content for personal non-commercial purposes unless this is contrary to what is provided in this chapter of this document.
7.6. The Customer is entitled to use the Content for Commercial Purposes only if it has received the written consent of AQUARIUM.BG for this and only the part of the Content, the manner and extent of its use, and the time limits for which this consent is given explicitly. Any subsequent or different use of the Content will be considered a breach of this agreement between AQUARIUM.BG and the Customer and for violation of the intellectual property rights of AQUARIUM.BG, which has the right to take charge of the Customer for this.
7.7. Simply sending to the Customer or referring to the Content or parts thereof by AQUARIUM.BG will not be considered as consent of AQUARIUM.BG to allow the Customer to use the Content or parts of it for purposes other than its personal needs , regardless of the means of communication used by AQUARIUM.BG.
7.8. It is forbidden to use any of the Content other than as expressly permitted in these terms or otherwise express written consent of AQUARIUM.BG.
8.ORDER
8.1. The Customer may place orders on the Platform by adding the desired Goods and Services to the Purchase Basket, following the steps specified in the Platform to complete and send the respective Purchase Order.
8.2. Any Goods and Service added to the Shopping Cart can be purchased if available. Adding Goods and Service to the Purchase Order without Completing the Order does not result in the registration of the order.
8.3. The Customer undertakes and is responsible for ensuring that all data that he has provided to AQUARIUM.BG in connection with the Order are correct, complete and accurate by the date of sending the order.
8.4. By submitting your order Client authorizes AQUARIUM.BG to contact him over the phone for order confirmation and sending data.
8.5. The seller has the right to refuse to execute (cancel) the Order made by the Customer in the following cases:
• non-acceptance by the payee's bank of the online payment transaction;
• realization of the monetary transaction, which does not lead to the payment of funds to Seller's account when making on-line payments
• the data provided by the Customer in the Platform is incomplete and / or incorrect.
8.6. The customer will bear all the direct cost of returning the products offered by AQUARIUM.BG in case you refuse from a distance and said that in the withdrawal period provided by the AQUARIUM.BG. This period begins to run from the date of conclusion. For more information, read the Terms of Return and Warranty.
9. CONFIDENTIALITY
9.1. The Client agrees that by providing any personal or other data to AQUARIUM.BG, he agrees that they may be used by the latter for the following purposes of AQUARIUM.BG (1) maintenance of the Customer's account, including registering orders, sending ordered products, completing the ordered services, invoicing, resolving disputes with Customers regarding their Orders or handling their claims; (2) sending bulletins or periodic notices via e-mail or SMS; (3) conducting market research, tracking and monitoring sales and customer / consumer behavior.
9.2. The Customer agrees to provide AQUARIUM.BG with unlimited volume and time access to any materials and information that it sends to the Seller through or in connection with the Platform, regardless of whether it has made an Order and made a transaction through the Platform. AQUARIUM.BG has the right to use, reproduce, publish, modify, transmit and distribute this information or materials.
9.3. By providing your data to AQUARIUM.BG (including e-mail), the Customer expressly agrees with him / her to connect AQUARIUM.BG or couriers.
9.4. By providing your personal data to AQUARIUM.BG, the Customer expressly agrees to be included in a database of AQUARIUM.BG.
10. ADVERTISING
10.1. Once Customer has created an account on the Platform, it has the opportunity to express its consent to receive Newsletters.
10.2. Waiver of receipt of Bulletin client can express at any time using the special link located in each Bulletin by changing the settings in your account at "My Subscriptions" or by contacting AQUARIUM.BG in any other way , including but not limited to by e-mail, by phone.
10.3. The refusal to receive Newsletters does not mean an automatic waiver of the given agreement for the conclusion of this contract.
11. INVOICING - PAYMENT
11.1. The prices of the Goods and Services announced in the Platform are final and include VAT as well as any other taxes and fees provided by current Bulgarian legislation.
11.2. The price, method of payment and payment period for issuing invoices are specified in each order. Orders of products offered by AQUARIUM.BG for a value exceeding BGN 2500, it is possible for the Seller to require the goods to be paid in advance by bank transfer or by bank card.
11.3. The customer is obliged to provide all necessary information for the invoice in accordance with the Bulgarian legislation.
11.4. The Seller will issue to the Customer an invoice for the Goods / Services provided and supplied on the basis of the information provided by the Customer.
11.5. AQUARIUM.BG issues an invoice if requested.
12. STOCK DELIVERY
12.1. Seller is obliged to deliver the ordered and purchased Goods by himself or through a courier company to an address specified by the Buyer or in the office of the courier company, depending on the choice of the Customer.
12.2. The seller will ensure the proper packaging of the Goods and the sending of the accompanying documents. If by any chance the shipment does not contain a document required for the product ordered, please contact us by email sales@aquarium.bg and we will do our best to provide you with it as soon as possible.
12.3. (1) AQUARIUM.BG will supply the Goods and the provision of the Services only on the territory of Bulgaria.
(2) Delivery terms for the products offered by AQUARIUM.BG can be found on the "Delivery Method" Info page.
(3) The cost of delivery, if any, will be apparent once the desired Product (s) are placed in the cart.
13. WARRANTIES
13.1. The seller offers all Goods of the Platform with a guarantee of conformity of the goods with the Contract in accordance with the applicable legislation. Exceptions are certain categories of goods which by their nature can not be guaranteed. For more information please read the information page of the "Goods Guarantee and Return".
14. TRANSFER OF OWNERSHIP
14.1. The ownership of the Goods will be transferred from Seller to the Purchaser after the payment has been made by the Buyer. The delivery of the Goods will be certified by the Buyer's signature of the transport document provided by the courier.
15. PUBLICATION OF REVIEWS, COMMENTARY. QUESTIONS AND ANSWERS
15.1. Writing of Reviews, Comments, Questions and Answers can be done by the Customer in the "Comment" section. Written information may be both positive and negative and must relate to the characteristics and the way of use of a good or service.
15.2. Upon registration of a Comment / Question / Answer on the Platform, Customers give AQUARIUM.BG a non-exclusive, permanent, irrevocable, territorial unlimited license and AQUARIUM.BG's right to use, reproduce, modify, adapt, publish, translate, and displays this content.
15.3. Each Customer, at the time of publishing the Review / Comment / Question / Response in the above sections, undertakes to observe the following rules:
• to refer only to the characteristics and the way of using a particular product or service, avoiding information on aspects that can change (eg price);
• use only Bulgarian and write in Cyrillic. Words or phrases that are non-Bulgarian are widely used by all media in the field (example: mouse, notebook, plug and play);
• use an appropriate statement that does not contain insulting statements or ones that may affect third party rights;
• correctly fit the content of the Platform as follows: each question is published in a section.
• Ensure that the information he / she enters is realistic, correct, non-disrespectful and in compliance with applicable laws, including, but not limited to, the rights of others - copyright, intellectual property, licensing rights or other proprietary rights, advertising rights, or the right to privacy.
• use this service only to communicate or obtain additional details about a particular product or service from the Platform without reference to other companies that promote the sale and purchase of goods and services;
• not to provide or require in any way or form personal data (contact details, delivery address or domicile, telephone numbers, email addresses, own and / or surnames, etc.) or other information that may has led to the disclosure of such personal data;
• not to publish information and / or details about URLs (links / links) from other sites that develop the same or similar business activity as AQUARIUM.BG;
• Not to include Reviews / Comments / Questions / Answers that contain advertising materials;
• Not to use Review / Comments / Questions / Answers as a means of communication with the Seller; for this purpose Seller's contact details will be used on the Platform.
15.4. In addition to a critical, realistic estimate, at the time of publishing a Review, the Customer should also add a Rating for the relevant product or service. The reviews, along with their respective Rating, will affect the overall Product or Service Rating, which will be expressed by a figure close to the Goods. Thus, a review that is accompanied by a high rating leads to an increase in overall rating, and a review that is accompanied by a low rating leads to a decrease in the overall rating.
15.5. When a Client reports that a Review / Comment / Question or Response has inadequate content, this content is carefully reviewed by AQUARIUM.BG to determine if it violates the Terms of Use of the Platform. Published texts, photos, or videos are removed from the Platform only after review by AQUARIUM.BG.
15.6. In the event that AQUARIUM.BG finds a repeated violation of these Terms of Use, it reserves the right to limit the Customer's ability to publish the Reviews / Comments / Questions and Answers in the Comments section without having to justify this.
15.7. Any buyer can make his claim by completing the standard form to facilitate the exercise of the right of withdrawal under the Consumer Protection Act and send it by e-mail. The form can be copied from here:
STANDARD EXERCISE FORM OF RIGHT OF REFUSAL
To ………………………
/Name of the trader/
……………………………………………………………………..
/adress, UIC /
I hereby inform you that I am giving up my purchase contract for the following goods / services:
…………………………………………………. / Description of the product /
The item was ordered on ………………….
Goods received on …………………. / indicates the date of receiving by the consumer /
………………………………………………………………………../Name/
Town……………………………………………………………. /Address of the user/
………………. …………………………….
/date/ /signature/
16. LIABILITY
16.1 The seller is not liable for any damage suffered by the Buyer as a result of force majeure or those beyond the control of the Seller.
17. PROCESSING OF PERSONAL DATA
17.1. AQUARIUM.BG is registered in the Bulgarian Register for the processing of personal data
17.2. According to the GDRP Personal Data Protection Regulation 2016/679 concerning the processing of personal data and their free movement, with the subsequent amendments and additions, AQUARIUM.BG is obliged to process the personal data under conditions guaranteeing their storage and not allowing their accidental processing loss and only for the stated purposes.
17.3. The purpose of the data collection is to: notify customers of the information on their Accounts, notify buyers of the status of their Orders, evaluate the Goods and Services offered, other commercial activities, advertise Goods and Services, marketing, advertising, media, research, market research, tracking and monitoring of sales and customer behavior.
17.4. By filling in the data on the account and / or Purchase Order form, the Client declares and accepts unconditionally that his / her personal data will be included in the database of AQUARIUM.BG, which is registered in the Bulgarian Register for processing of personal data under No. 253049 , and gives its explicit and unambiguous consent that all such data be archived, used and processed for the purposes described in paragraphs 11.1 and 17.3 of these General Terms.
17.5. Each Buyer is deemed to be informed by these terms and conditions that he is guaranteed the rights provided by European law, such as the right to information, the right to change his or her personal data, the right to object, the right under Art. 17, the right to apply to the court in the event of violation of its rights guaranteed by EU 2016/679 for the protection of individuals with regard to the processing of personal data and the free movement of such data.
17.6. Each Client has the right to file a written application containing the date and his signature and to send it to the address: Sofia, Georgi Belov str., 17, floor 5, for the attention of I SHOP EOOD to exercise his / her right to receive information whether or not his / her personal data is processed for which he / she owes no charge.
17.7. Each Client may exercise his / her right to change his / her personal data by submitting a written application, dated and signed at: 17, 5 Georgi Belov str., Sofia, for the attention of ACH SHOP EOOD, according to the following purposes:
• Fixing, updating, blocking or deleting data whose processing does not comply with EU 2016/679 on the processing of personal data and the free movement of such data, especially incomplete and inaccurate data;
• the conversion of anonymous data whose processing is not in compliance with EU 2016/679 on the processing of personal data and the free movement of such data;
• Notification to third parties to whom personal data has been provided for processing unless this proves impossible or involves excessive efforts to the legitimate interest that may be affected
17.8. By completing the Order form in the Platform and accordingly providing the personal data, including the Personal Identification Number, in order to obtain credit, the Buyer expresses its consent to the legal entities with whom he has entered into a credit agreement regarding the offered Goods on credit to process his personal data for references contained in the person's database.
17.9. Buyer's personal data may be provided to the Prosecutor's Office, the police, judicial institutions, or other governmental authorities, on the basis of and within the framework of statutory provisions and as a result of an explicit request from them.
18. FORCE MAJEURE CIRCUMSTANCES
18.1. Neither party will be held responsible for any failure to perform its contractual obligations if such non-performance is due to force majeure. Force majeure is an unpredictable event beyond the control of the parties that can not be avoided.
18.2. If, within fourteen (14) days from the date of the event, it did not stop, either party has the right to inform the other party that terminates the contract without owing the other benefits of any possible damages.
19. APPLICABLE LAW - JURISDICTION
This contract is subject to Bulgarian law. Any disputes that arise between AQUARIUM.BG and the Client will be resolved by mutual agreement or, if that is not possible, the disputes will be settled before the competent Bulgarian courts in the Municipality of Stolichna without violating the rights of the consumers within the meaning of the Consumer Protection Act.
20. INFORMATION ABOUT THE USE OF ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE)
Disused WEEE (WEEE) may contain hazardous substances that have an adverse effect on the environment and human health in the event that it is not collected separately.
Taking into account the provisions of the Bulgarian Waste Management Act, its secondary legislation and Directive 2012/19 / EC on Waste Electrical and Electronic Equipment, please note that:
20.1. Consumers have the obligation not to place WEEE on non-designated sites and to collect such WEEE separately;
20.2. The take-back and separate collection systems for WEEE that are available to consumers are: separate collection points for WEEE, collection centers for authorized waste recovery organizations.
20.3. The token wheel symbol indicates the need for separate collection of EEE on which it is placed.