GENERAL TERMS AND CONDITIONS

 

GENERAL TERMS AND CONDITIONS

 

These Terms and Conditions of use apply to the use of the website www.modulorista.com. By accessing (loading) this website, you accept and agree to the terms and conditions thereof and agree to abide and be bound by them.

If you do not accept all the terms and conditions below, please refrain from using this website.

By using the website you also declare in addition to your consent to these terms and conditions that you have the right, the authority and the full legal capacity to accept and to be bound by them.

 

These Terms and Conditions regulate the relations between the User/Users of the information platform www.modulorista.com (online shop) and the owner of the platform arising in connection with and regarding you browsing the website, using the services provided by it and in case of you concluding an electronic purchase and sale contract.

 

This information platform is owned by MODULORISTA EOOD – a company registered under the Commerce Act of the Republic of Bulgaria with seat and registered office at: 14, Krastyo Mirski Str., City of Varna, e-mail: b.atanasova@modulorista.com. Our Unique Identification Code is BG206416819.

 

Definitions of the Terms used in these General Terms and Conditions:

 

Website: (website) is a specific place in the global Internet accessible through its unified address (URL) under HTTP, HTTPS or another standard protocol, containing files, programmes (software), text, sound, picture, image or other materials and resources;

 

Online Shopping Information Platform: is an integrated product allowing Users to access a variety of information through hyperlinks to navigate to resources located on the Owner’s server or to other servers outside the control of the Owner;

 

User is an adult and legally capable natural person or legal entity registered as such under the laws of the Republic of Bulgaria, who has registered a User Profile within the information platform for online shopping.

 

Username is a unique sequence of characters (letters, ciphers and symbols) selected by the User and identifying the User in his/her relations with the Supplier.

 

Password is a sequence of letters, ciphers and symbols, which along with the Username identifies the User and along with the Username serves for access to his/her User Account.

 

User Account is a separate section of the website www.modulorista.com, containing information on the User, provided by him/her upon registration and stored, used and processed by MODULORISTA EOOD - a company registered under the Commerce Act of the Republic of Bulgaria with Unique Identification Code BG206416819 and seat and registered office at: 14, Krastyo Mirski Str., City of Varna, solely for the purposes of art. 4, para. 1, item 3 of the Personal Data Protection Act. The access to the client account is carried out by entering a Username (e-mail address) and a password. The User Account enables the User to manage and update the information provided by him/her upon registration at any time and to have full access to all his/her purchase orders, enables him/her to refuse to receive messages for information and advertising purposes, etc.;

 

Price: is the price displayed next to each item for sale, representing the price for a single unit, given in Bulgarian levs (BGN), excluding the shipping costs. If the price is displayed in another currency, the sales price of items shall be converted into Bulgarian levs (BGN) according to Bulgarian National Bank Exchange Rate on the day of submitting the order;

 

Shipping Cost: the shipping cost of the ordered products, displayed in Bulgarian levs (BGN).

 

Final Price: the sum of the prices of the selected item/s plus the shipping cost, displayed in Bulgarian levs (BGN).

 

Item: a type of product having its own identification and individualization.

 

Description

An online shopping information platform, located on an Internet address with domain www.modulorista.com, allows Users to purchase household products with direct delivery and after registering a User Account.

 

Account. Rights and Obligations of the User

 

The Rules under this Section of the General Terms and Conditions apply only to Users who, based on the data provided upon registration, may be deemed Users within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.

 

Steps

 

A User Account may be created in the online shop by both natural persons and legal entities registered as such under the laws of the Republic of Bulgaria. To create an active User Account, the User shall complete the electronic registration form, available on-line on the web page by filling in a valid e-mail address, full name, delivery address, contact phone number and a password. The completed form becomes an electronic document under the meaning of art. 3 of the Electronic Document and Electronic Trust Services Act (EDETSA), upon registration the User explicitly states that he/she agrees with the these terms and conditions, and according to art. 3, para. 2 of EDETSA, the written form is considered complied with and both parties to the contract are bound by them.

By registering in the platform, the User guarantees that the data presented is true and does not violate any third parties’ rights and interests. The SUPPLIER confirms the registration completed by the USER by a sending a confirmation letter to the e-mail address specified by the USER, where information that the registration has been activated shall also be sent. If an account in the social networks or other networks is used for the registration of the USER, the party to the contract shall be the person who is the holder of the account used for the registration in the respective social or other network. In that case the SUPPLIER shall be entitled to access to the information required for identifying the User in that respective social or other network.

 

Rights and Obligations of the Users

 

  1. The User shall be responsible for all his/her actions resulting from the use of the website through his/her account, including for any contracts concluded and payments made. When using the online platform, Users shall avoid performing acts that fail to abide by law.

 

  1. When using the access to the electronic platform provided to him/her, the User hereby undertakes to comply with the Bulgarian law, applicable foreign laws and these General Terms and Conditions. Not to infringe other parties’ property or non-property rights, including intellectual property rights; to immediately notify the website of any case of breach committed or discovered by him/her, not to interfere with the proper functioning of the platform, including, but not limited to, not to thwart the identification procedure of another User, not to make access outside the granted one, not to harm or prevent the availability, reliability or quality of the access provided, as well as not to use that access in a way causing denial of service. Not to impersonate another person or otherwise deceive other persons of his/her identity or belonging to a specific group of people; and not to commit malicious acts within the meaning of these Terms and Conditions.

 

  1. The User may not extract, reproduce, modify, delete, publish, disseminate and otherwise publicise information resources published on the website, as well as may not create his/her own database in electronic or any other form from the information resources belonging to the databases located on the website.

 

  1. By agreeing to (checking the “I Accept” checkbox) these General Terms and Conditions, Users consent to their Personal Data to be used by MODULORISTA EOOD having seat and registered office at: 14, Krastyo Mirski Str., City of Varna, Unique Identification Code BG206416819.

 

Order

 

  1. The prices of the products and items sold through this online shopping platform accessible at www.modulorista.com are VAT inclusive, but exclude shipping cost. Shipping cost is estimated separately when placing the order.

 

  1. The Users use the interface of MODULORISTA EOOD webpage to conclude purchase and sale contracts for the product offered for sale on the online shopping information platform by the Supplier.

 

  1. This contract is concluded in Bulgarian.

 

  1. These General Terms and Conditions, available at www.modulorista.com, constitute the contract between MODULORISTA EOOD and the User.

 

  1. The User is the party to the contract with MODULORISTA EOOD as per the information provided upon registration and stored in his/her personal account.

 

  1. This contract shall take effect at the moment the registration form in the information platform is completed and confirmed by the User for the respective order. The purchase and sale contract shall be considered concluded at the time it is placed by the User through the interface of the Supplier.

 

  1. For the conclusion of this contract and for the conclusion of the purchase and sale contract, the Supplier shall explicitly notify the User in an appropriate manner using electronic means, i.e. sending an e-mail to the e-mail address specified in the registration form.

 

  1. MODULORISTA EOOD shall deliver the product/s at the address specified by the User and shall not be liable if the information provided is incorrect, incomplete or misleading.

 

  1. Steps the User should complete to place and have a valid order:

 

  • Registration – for Unregistered Users, or log-in in the system of the information platform – for Registered Users;
  • Choosing an item, by type and characteristic;
  • Adding the item to the cart/basket;
  • Selecting a method of payment that is the most convenient for the User and manner and address of delivery;
  • Reading and agreeing to the General Terms and Conditions of Use;
  • After completing the steps above, the User should once more confirm his/her order on the website thus validating the order and making it binding to the parties.

 

  1. Ordering Rules: The contract concluded between the User and the website is a distance selling contract under the conditions of advance and Cash on Delivery (COD) payment. Methods and means of payment are as follow:
  • Advance payment:

- by bank transfer.

 

  • Cash on Delivery payment:

- on delivery at the address specified;

- upon collection at the office of the courier company.

 

Delivery

 

  1. The USER has the right to choose whether the product requested, ordered and prepaid (or requested to be paid on delivery) to be delivered directly at the address specified by him/her, through a courier or to an office of a courier company.

 

  1. Products are also shipped outside the Republic of Bulgaria.

 

  1. Courier service charges and shipping costs are not included in the price of products and items and are indicated separately.

 

  1. Delivery time: The SUPPLIER supplies the product/s ordered by the USERS within deadlines (between 2 to 5 working days) and under the terms and conditions, specified by the SUPPLIER on the webpage of the online shop and according to these general terms and conditions. Orders are processed from Monday to Friday from 10:00 am to 4:00 pm and on Saturdays – from 10:00 am to 11:30 am. Orders made after 4:00 pm from Monday to Friday are processed on the next working day. Orders made after 11:30 am on Saturdays are processed on the first following working day. Orders made on Sundays are processed on the first following working day. The delivery time for the Republic of Bulgaria – from 2 to 5 working days. The Supplier reserves the right to extend the delivery time up to 30 working days if there are any circumstances other than normal. In such cases, the Supplier shall notify the User by e-mail for the nature of these circumstances, the User’s opportunities and rights thereof.

 

  1. Provided that the item selected, ordered and prepaid is out-of-stock and the Supplier is unable to fulfill the order, the amount paid by the User shall automatically be charged as credit to his/her account. So, the User may use this amount in any future purchases. The User will be entitled, at his/her explicit request, to a refund of the price he/she has already paid.

Liability

 

  1. MODULORISTA EOOD disclaims all warranties and makes no representations regarding the accuracy, completeness or suitability of the materials on this website. All materials contained therein are only for reference and do not constitute advice for the purchase of a relevant Product.

 

  1. In case of any technical errors in the content, the validly concluded purchase agreements are binding on the parties, unless they are rendered null and void by applicable law - in the latter case neither the User/Users nor MODULORISTA EOOD will owe compensation to any of the parties thereto.

 

  1. MODULORISTA EOOD gives no guarantee for uninterrupted and completely reliable access to the Website and disclaims any responsibility for losses or damages resulting from problems with access to the Website.

 

  1. MODULORISTA EOOD reserves the right to suspend, at any time for any or no reason, the website, including, but not only, due to updates, improvements or prevention, without being liable for any such suspension.

 

  1. MODULORISTA EOOD is not be liable for the content of websites accessible through hyperlinks posted on the Website (references, links), in accordance with the provisions of the Electronic Commerce Act.

 

  1. The copyrights and all other intellectual property rights in the materials contained on the Website, together with its design, images and source code, are property to MODULORISTA EOOD and are protected by national and international legislation existing in the field of intellectual property law.

 

  1. MODULORISTA EOOD may from time to time amend these General Terms and Conditions of Use by publishing their new version indicating the date of the relevant amendments and the date of their entry into force. Any services provided before the date of entry into force of the amendments, shall be governed by the provisions of the General Terms and Conditions of Use effective at that time these services have been rendered.
  2. The User hereby undertakes, when using the access granted to him/her to web-based information system:
  • To comply with the Bulgarian law, these General Terms and Conditions and to act in consistence with the generally accepted standards of morality;
  • Not to interfere with the proper functioning of the system;
  • Not to infringe other parties’ property or non-property rights and to immediately notify MODULORISTA EOOD of any case of breach committed or discovered;
  • Not to impersonate another person or otherwise deceive other persons of his/her identity or belonging to a specific group of people;
  • Not to commit malicious acts within the meaning of these Terms and Conditions;

 

  1. The User/Users may not extract, reproduce, modify, delete, publish, disseminate or otherwise publicise information resources published on the website www.modulorista.com, as well as may not create his/her own database in electronic or any other form from the information resources belonging to the databases located on www.modulorista.com.

 

Withdrawal from the Contract and Right to Complain

 

  1. Each USER has the tight to return or replace the product within 14 days of receiving their goods without giving any reason.

 

  1. If the USER withdraws from the contract, he/she is required to send back the goods to the SUPPLIER in their undamaged marketable condition. The returned product shall only be accepted in its original packaging, with all designations and labels intact, unused, clean and undamaged and without being treated with any preparations. The USER must complete a Return Form (DOWNLOAD LINK) and to attach the original payment document/receipt for the returned product. The product is to be returned through ECONT Courier Company at the following address: 6, Boris Oks Str., «Briz» Residential District, City of Varna - for MODULORISTA EOOD.

 

  1. The amount shall be refunded to the USER’s bank account within 10 working days.

 

  1. The amount shall not be refunded if the USER has failed to return the product to the SUPPLIER.

 

  1. The SUPPLIER shall bear the expenses for delivery of defective products, damage-in-transit costs and any other circumstances attributable to the SUPPLIER.

 

  1. If a product is exchanged for a different size or replaced, the USER is required to pay the costs for return shipping and for the subsequent delivery.

 

  1. The delivery to the SUPPLIER shall be made by a courier company. If you encounter any problems, please contact us using our contact details posted on the Website.

 

  1. When returning a product with free shipping, the USER undertakes to pay 2 (two) courier shipping fees or their amount will be deducted from the refund due.

 

  1. Products with a total value of up to 200 BGN (two hundred) can be ordered by Cash on Delivery (COD) payment.

 

Commercial Communications

 

Your acceptance of these General Terms and Conditions of Use will also signify your consents to the Website sending you communications for information and advertising purposes in connection with the offers and promotions offered by the Website.

 

Regulatory Body

Commission for Consumer Protection

https://kzp.bg/kontakti

Phone: 0700 111 22

E-mail: info@kzp.bg

Address: 4A, Slaveykov Sq., floors 3, 4 and 6, City of Sofia

 

Governing Law and Termination

 

Any and all disputes arising out of or in connection with the operation these General Terms and Conditions of Use of the Website or their breach, including disputes and disagreements over the validity, interpretation, termination, performance or non-performance of obligations of the parties, shall be settled amicably by the parties. In case no agreement is reached, the dispute will be referred to the relevant court of competent jurisdiction as provided for in the Civil Procedure Code.

 

If any provision of these General Terms and Conditions of Use of the Website is held invalid, illegal or unenforceable by a court of competent jurisdiction or an amendment to the law, it will apply only to that provision and the validity, legality and enforceability of the remaining provisions shall remain in full force and effect as long as they are not significantly affected by the amendment.

 

Any not settled herein issues shall be governed by the civil law of the Republic of Bulgaria.

 

By checking the checkbox against the General Terms and Conditions of MODULORISTA EOOD, the USER /BUYER/ hereby acknowledges that he/she has read and agrees to them unconditionally and agrees to abide by them.

 

The contract between the User and MODULORISTA EOOD shall be terminated in the following cases:

 

  1. Upon dissolution and if a party to the contract enters into liquidation (insolvency) or makes a declaration of bankruptcy;
  2. By mutual consent of the parties in writing;
  3. Unilaterally, with notice from each of the parties, in case either party fails to fulfill its obligations;
  4. Upon objective inability of either party to the contract to fulfill their obligations;
  5. If a party’s property/equipment is seized or sealed by a government body;
  6. If the User's account is deleted from the online shopping information platform. In this case, the concluded but not executed purchase and sale contracts remain in force and are subject to execution;
  7. In case of exercising the right of withdrawing under art. 55, para. 1 of the Consumer Protection Act.

 

Personal Data Protection

 

Information about our Organization and Websites

 

MODULORISTA EOOD is a data controller and protects the security your personal information.

You can find detailed information on personal data protection on our website in the Privacy Policy and Data Notice subsection. For the avoidance of any doubt you may have about the information you have provided us with, we must once again lay special emphasis on the fact that we collect your personal information directly from you, so it is up to you to decide what type of information to provide us with. For example, the information we receive from you is as follows:

 

- information provided by you - personal data that you provide upon registering for our products, answer questionnaires or contact MODULORISTA;

 

- automatically collected information - your address and other information about your use of the online shop of MODULORISTA can be collected automatically with the help of cookies. You can refuse all cookies; However, cookies may allow you to take advantage of some of the main features of the platform, which may not be functional if you refuse cookies.

 

 

Providing Visitors with Anonymous Access

 

Please note that you can access our web pages as well as browse any of our websites without providing your personal information. Personal data will be provided only upon registration or when making a purchase.

 

These General Terms and Conditions for Use by customers of MODULORISTA EOOD shall enter into force as of the date of their publishing 24/03/2021.

 

 

 

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