General Terms and Conditions
General Terms and Conditions of SAS Tactica EOOD
I. SUBJECT MATTER
Article 1. These general terms and conditions are intended to govern the relationship between “SAS Tactica” Ltd, Sofia 1000, 93 Tsar Samuil Street, UIC 202920476, represented by S. Stoyanova, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as USERS, of the online shop “ARMS-BG.com”, hereinafter referred to as the “ONLINE SHOP”.
II. SUPPLIER DETAILS
Article 2. Information pursuant to the Electronic Commerce Act and the Consumer Protection Act
1. Name of the Supplier: SAS Tactica EOOD
2. Registered office and business address: Sofia, 93 Tsar Samuil Street
3. Contact details: Sofia, Email:[email protected], Tel: +359 876102089
4. Entry in public registers: EIK 202920476,
5. Personal Data Controller Certificate No. 399807
6. Supervisory authorities:
(1) Personal Data Protection Commission
Address: Sofia, 15 Ivan Evstatiev Geshov Street,
Email:[email protected],[email protected]
Website:www.cpdp.bg
(2) Consumer Protection Commission
Address: 1000 Sofia, 4A Slaveykov Square, floors 3, 4 and 6,
Hotline: 0700 111 22
Website: www.kzp.bg
8. Registration under the Value Added Tax Act No BG 201121843
9. The supplier is a signatory to the Bulgarian Code of Ethics, available at arms-bg.com
III. FEATURES OF AN ONLINE SHOP
Article 3. THE ONLINE STORE is an online store, accessible at the website arms-bg.com, through which Users may enter into contracts for the sale and delivery of the goods offered by the ONLINE STORE, including the following:
1. To register and create an account in order to browse the ONLINE SHOP and use the additional information services;
2. To make electronic declarations in connection with the conclusion or performance of contracts with the ONLINE SHOP via the interface on the ONLINE SHOP’s website, accessible on the Internet;
3. To enter into contracts for the sale and delivery of the goods offered by the ONLINE SHOP;
4. To make any payments in connection with contracts concluded with the ONLINE STORE, in accordance with the payment methods supported by the ONLINE STORE.
5. To receive information about new products offered by the ONLINE SHOP;
6. To view the goods, their specifications, prices and delivery terms;
7. To be informed of their statutory rights, primarily via the interface on the ONLINE SHOP’s website;
Article 4. The Supplier shall deliver the goods and guarantee the rights of Users as provided for by law, in accordance with the principles of good faith and the criteria and conditions established by established practice, consumer law or commercial law.
Article 5. (1) Users shall enter into a contract for the sale and purchase of the goods offered by the ONLINE SHOP via the Provider’s interface, accessible on its website at arms-bg.com or via any other means of distance communication.
(2) Pursuant to the contract for the sale and purchase of goods concluded with the Users,
The Supplier undertakes to deliver the goods specified by the User via the interface and to transfer ownership of them to the User.
(3) Users shall pay the Supplier a fee for the goods supplied in accordance with the terms and conditions set out on the ONLINE SHOP and these general terms and conditions.
(4) The Supplier shall deliver the goods ordered by Users within the timeframes and under the conditions specified by the Supplier on the online shop’s website and in accordance with these general terms and conditions.
(5) The delivery charge is determined separately and explicitly from the price of the goods.
Article 6. (1) The User and the Supplier agree that all statements made between them in connection with the conclusion and performance of the contract of salemay be made electronically and by means of electronic statements within the meaning of the Electronic Documents and Electronic Signatures Act and Article 11 of the Electronic Transactions Act.
(2) It is presumed that electronic declarations made by Users of the website have been made by the persons specified in the details provided by the User upon registration, provided that the User has entered the relevant username and password for
IV. USE OF THE ONLINE SHOP
Article 7. (1) In order to use the ONLINE SHOP to conclude contracts for the sale and purchase of goods, the User must enter a username and password of their choice for remote access, where required by the online shop.
(2) The username and password for remote access are set by the User by registering online on the Provider’s website.
(3) By entering their details and clicking the ‘Yes, I accept’ and ‘Register’ buttons, the User declares that they are familiar with these general terms and conditions, agree to their content and undertake unconditionally to comply with them.
(4) The Provider shall confirm the User’s registration by sending an email to the email address provided by the User, to which details on how to activate the registration shall also be sent. The User confirms the registration and the conclusion of the contract by clicking on the electronic link in the email sent by the Provider notifying them of the completed registration. Following confirmation, an account is created for the User and a contractual relationship is established between the User and the Provider.
(5) When registering, the User undertakes to provide accurate and up-to-date information. The User is obliged to update the information provided during registration in a timely manner in the event of any changes. If the User fails to make such an update, the information provided shall be deemed to be up to date.
(6) Where a profile on a social media platform or other network is used to register the User, the party to the contract shall be the person who is the account holder of the profile used for registration on the relevant social media platform or other network. In this case, the Provider shall be entitled to access the data necessary to identify the User on the relevant social or other network.
Article 8. (1) The email address provided upon the User’s initial registration, as well as any subsequent email address used for the exchange of communications between the User and the Provider, shall be the ‘Primary email address’ for the purposes of these general terms and conditions. The User is entitled to change their Primary contact email address.
(2) Upon receipt of a request to change the Primary Contact Email Address, the Provider shall send a request for confirmation of the change. The confirmation request is sent by the Provider to the new Primary contact email address specified by the User.
(3) A change to the Primary Contact Email Address shall be made following confirmation by the User, expressed via a link contained in the confirmation request sent by the Provider to the new Primary Contact Email Address specified by the User.
(4) The Provider shall inform the User of the change made by means of an email sent to the Primary contact email address specified by the User prior to the change being made in accordance with paragraph 2.
(5) The Provider shall not be liable to the User for any unauthorised change to the Primary Contact Email Address.
(6) The Provider may require the User to use their Primary Contact Email Address in specific circumstances.
V. TECHNICAL STEPS FOR ENTERING INTO A SALE AND PURCHASE AGREEMENT
Article 9. (1) Contracts concluded via the ONLINE SHOP are entered into via the interface on the Supplier’s website.
(2) The contract shall be drawn up in Bulgarian.
(3) To conclude a contract, the User must place an ORDER by email to the supplier, setting out in detail the goods, the quantity, the method of delivery, the method of payment and the User’s details.
(4) Where not specified in the order, these general terms and conditions of delivery, published at arms-bg.com, shall apply
(5) Upon receipt of the ORDER, the Supplier is obliged, within 5 calendar days, to send an email informing the User whether the goods are in stock and stating the delivery time.
(6) The supply contract shall be deemed to have been concluded upon the Supplier’s confirmation, by email, that the goods ordered are in stock.
(7) If the Supplier does not confirm by email that the ordered goods are in stock, the supply contract shall be deemed not to have been concluded.
(8) The User is a party to the contract with the Supplier, in accordance with the details provided in the order form for the purchase of the goods. Should the User provide incorrect details, the Supplier shall not be liable for any failure to perform the contract.
(9) The supplier shall include, within the interface of its website, technical means for detecting and correcting errors made when entering information, before the declaration to conclude the contract is made.
(10) The declaration to enter into a contract shall be deemed to be the request sent by the User to the Supplier’s email address.
Article 10. The Supplier shall deliver the goods to the address specified by the Users and shall not be liable in the event that the details provided by the Users are incorrect or misleading.
Article 11. Users may enter into a contract of sale with the Supplier, and/or through their registration, by following the procedure set out below:
(1) Registering with the ONLINE SHOP and providing the necessary details, if the User has not yet registered with the ONLINE SHOP;
(2) Logging into the ONLINE SHOP’s ordering system by entering a username and password;
(3) Selecting one or more of the products offered by the ONLINE SHOP and adding them to a shopping basket;
(4) Provision of data for the purpose of carrying out the delivery;
(5) Choosing the method and timing of payment of the price.
(6) Order confirmation;
(7) Upon receipt of the ORDER, the Supplier is obliged, within 5 calendar days, to send an email informing the User whether the goods are in stock and stating the delivery date.
(8) The supply contract shall be deemed to have been concluded upon the Supplier’s confirmation, by email, that the goods ordered are in stock.
(9) If the Supplier does not confirm by email that the ordered goods are in stock, the supply contract shall be deemed not to have been concluded.
VI. SPECIFIC OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Article 12. The provisions of this Section VI of these general terms and conditions apply to Users who, according to the information provided in the order to conclude the contract of sale or upon registration with the ONLINE SHOP, it may be concluded that they are consumers 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.
Article 13. (1) The main characteristics of the goods offered by the Supplier are set out in the product description for each item on the ONLINE SHOP website.
(2) The price of the goods, inclusive of all taxes, is set by the Supplier in the product listing for each item on the ONLINE SHOP website. The price quoted does not include the cost of delivering the goods to the user. The cost of delivery is borne by the user.
(3) Information on the cost of postage and delivery charges not included in the price of the goods shall be provided by the supplier to the consumer prior to the conclusion of the contract in one of the following ways:
– In the product listing for each item on the ONLINE SHOP’s website;
– When selecting the goods for the conclusion of the contract of sale;
(4) The method of payment, delivery and performance of the contract are set out in these general terms and conditions, as well as in the information provided to the User on the Supplier’s website.
(5) The information provided to Users under this Article is current at the time it is displayed on the ONLINE SHOP Provider’s website prior to the conclusion of the contract of sale.
(6) The supplier must specify the delivery terms for each item on the ONLINE SHOP’s website.
(7) The supplier shall specify, prior to the conclusion of the contract, the total value of the order for all goods included therein.
Article 14. (1) The Consumer agrees that the Supplier is entitled to accept advance payment for contracts concluded with the Consumer for the sale and purchase of goods and their delivery.
(2) The consumer may choose whether to pay the Supplier the delivery charge for the goods before or at the time of delivery.
Article 15. (1) The consumer is entitled, without being liable for compensation or a penalty and without giving any reason, to withdraw from the contract within 14 working days from the date of receipt of the goods.
(2) The right of withdrawal under paragraph 1 shall not apply in the following cases:
– for the supply of goods and the provision of services, the price of which depends on fluctuations in the financial markets over which the Supplier has no control;
– for the supply of goods manufactured in accordance with the consumer’s requirements or to their individual order;
– for the supply of goods which, by their nature, are consumable or cannot be returned, or are liable to deteriorate rapidly, or where there is a risk of their quality deteriorating, including perfumery and cosmetic products;
– for the supply of audio and video recordings or software products printed by the user;
– for the delivery of newspapers, magazines and other periodicals;
(3) Where the Supplier has failed to fulfil its obligations to provide information as set out in Article 54 of the Consumer Protection Act, the consumer is entitled to withdraw from the contract within three months from the date of receipt of the goods. Where the information referred to in this sub-paragraph is provided to the consumer within the withdrawal period, that period shall commence on the date on which the information is provided.
(4) Should the consumer exercise their right of withdrawal under paragraph 1, the Supplier shall be obliged to refund the consumer in full the sums paid by the consumer no later than 30 calendar days from the date on which the consumer exercised their right of withdrawal from the contract. The costs of returning the goods shall be deducted from the amount paid by the consumer under the contract, unless the consumer has returned the goods at their own expense and has notified the Supplier thereof.
(5) The consumer undertakes to safeguard the goods received from the Supplier, and to ensure their quality and safety, throughout the period specified in paragraph 1.
Article 16. (1) The delivery period for the goods and the starting point from which it runs shall be determined separately for each item of goods upon conclusion of the contract with the consumer via the Supplier’s ONLINE SHOP website, unless the goods are ordered as a single delivery.
(2) Where the consumer and the Supplier have not agreed on a delivery period, the delivery period for the goods shall be 30 working days from the date following the submission of the consumer’s order to the Supplier via the Supplier’s website ELECTRONIC
(3) If the Supplier is unable to perform the contract because it does not have the goods ordered, it shall be obliged to notify the consumer thereof and to refund the sums paid by the consumer within 30 working days of the date on which the Supplier was due to fulfil its obligation under the contract.
(4) In the cases referred to in paragraph 3, the Supplier shall be entitled to supply the consumer with goods of the same quality and price. The Supplier shall notify the consumer electronically of the change to the performance of the contract.
(5) Where the right to withdraw from the supply contract under paragraph 4 is exercised, the costs of returning the goods shall be borne by the Supplier.
Article 17. (1) The supplier shall hand over the goods to the consumer after verifying that the requirements have been met and that the circumstances set out in Article 61 of the Consumer Protection Act apply.
(2) The Consumer and the Supplier shall confirm the circumstances referred to in paragraph 1 in writing at the time of delivery by means of their own handwritten signatures, unless otherwise agreed.
(3) The Consumer and the Supplier agree that the requirements set out in paragraph 1 and Article 61 of the Consumer Protection Act shall be complied with, provided that the verification is carried out by a person in respect of whom, given the circumstances, it can be reasonably assumed that they will pass on the information to the consumer – a party to the contract.
VII. OTHER TERMS AND CONDITIONS
Article 18. (1) The Supplier shall deliver and hand over the goods to the User within the time limit specified at the time the contract was concluded.
(2) If the time limit referred to in paragraph 1 has not been expressly agreed between the parties at the time the contract is concluded, the Supplier shall deliver and hand over the goods within a reasonable time, but no later than 2 months
Article 19. The User must inspect the goods upon delivery and handover by the Supplier and, if they do not meet the requirements, must notify the Supplier immediately.
Article 20. If the user does not raise an objection immediately, the goods shall be deemed to comply with the agreed terms and quality.
VIII. PROTECTION OF PERSONAL DATA
Article 21. (1) The Provider shall take measures to protect the User’s personal data in accordance with the Personal Data Protection Act.
(2) In the interests of the security of Users’ personal data, the Provider will only send the data to the email address provided by the Users at the time of registration.
(3) The provider shall adopt and publish on its website a Privacy Policy, available at arms-bg.com
Article 22. (1) At any time, the Provider shall be entitled to require the User to prove their identity and to verify the accuracy of each of the details and personal data provided during registration.
(2) In the event that, for any reason, the User has forgotten or lost their username and password, the Provider is entitled to apply the published ‘Procedure for Lost or Forgotten Usernames and Passwords’, available at arms-bg.com
IX. AMENDMENTS TO AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Article 23. (1) These General Terms and Conditions may be amended by the Supplier, in which case the Supplier shall notify all registered Users of the ONLINE SHOP in an appropriate manner.
(2) The Provider and the User agree that any additions or amendments to these general terms and conditions shall take effect in respect of the User within seven days of their publication on the website, unless the User expressly states by email that they do not accept them. All actions relating to the performance of the concluded contracts shall be carried out in accordance with the previous version of these general terms and conditions.
Article 24. The Supplier shall publish these general terms and conditions at arms-bg.com, together with any additions and amendments thereto.
X. TERMINATION
Article 25. These General Terms and Conditions and the User’s contract with the Provider shall be terminated in the following cases:
●in the event of the termination and winding-up or the declaration of insolvency of one of the parties to the contract;
●by mutual agreement between the parties in writing;
●unilaterally, subject to notice being given by either party in the event of a breach of the other party’s obligations;
●where it is objectively impossible for either party to the contract to fulfil its obligations;
●in the event of the equipment being seized or sealed by state authorities;
●in the event of the User’s registration on the ONLINE STORE website being deleted. In this case, any contracts of sale that have been concluded but not yet performed shall remain in force and shall be performed;
●in the event that the right of withdrawal is exercised in accordance with Article 55(1) of the Consumer Protection Act.
XII. OTHER TERMS AND CONDITIONS
Article 26. Should any provision of these general terms and conditions be found to be invalid, this shall not render the entire contract invalid.
Article 27. In respect of any matters relating to the performance and interpretation of this contract which are not covered by this contract, the laws of the Republic of Bulgaria shall apply.
Article 28. All disputes between the parties to this contract shall be resolved IN ACCORDANCE WITH BULGARIAN LAW.
Article 29. These General Terms and Conditions shall come into force for all Users of arms-bg.com from the moment of their publication on the Provider’s website, with the exception of the cases specified in Article 23(2) concerning, and applying solely to, those Users.
