ONLINE SALE OF VARIOUS PRODUCTS (update of 28 April 2018)
ONLINE SALE OF VARIOUS PRODUCTS
between the “Buyer”, as identified through a voluntary registration to the website www.winner7platinum.bg
Winner7 Cosulting Ltd., on behalf of pro tempore legal representative, based in 52 Nikola Petkof blvd, Trad House West, 1618 Sofia (Bulgaria), VAT number: 205100985, hereby referred to as “Supplier”.
The present contract between the parties is concluded under the following
Art. 1 - Definitions
The definition “Online sales contract” refers to a sale contract relating to the supplier’s movable tangible property, concluded by the supplier and the buyer, as a part of distance selling through telematic systems, organised by the Supplier.
The term “Buyer” refers to the natural person who makes the purchase, with the provisions of this contract, for purposes which are out of trade, business or profession.
The term “Supplier” refers to the subject indicated above, which means the information service provider.
Art. 2 - Object of the contract
With the present contract, respectively, the Supplier sells and the Buyer buys, remotely on a telematic system,
products of various kinds and precious objects, whose quality, quantity, modes and conditions are indicated on the website winner7platinum.bg
The products indicated in the previous are fully illustrated on the webpage winner7platinum.bg.
The Buyer, as a reward for the recommendation of new customers to the supplier will receive bonuses, in the form of vouchers, or in other forms indicated in the aforesaid site according to the conditions indicated in the "network rules
The Buyer, as a reward for the recommendation of new customers to the supplier will receive bonuses, in the form of vouchers, or in other forms indicated in the aforesaid site according to the conditions indicated in the "network rules section" of the site winner7platinum.bg.
Further benefits can be allocated from the Supplier to the Buyer, exclusively following the conditions indicated in the section "network rules” of the website winner7platinum.bg, in case of significant involvement in the company’s increase through purchases or recommendations of new clients.
The complete paperwork referring to the purchases and the sales of the goods pointed out at point 2.1 of the present contract will be saved in the personal profile of the Buyer on the website winner7platinum.bg, available and downloadable from him or her.
Art. 3 - Contracting procedures
3.1 The present contract between the Supplier and the Buyer is exclusively concluded on the Internet through the access of the Buyer into the web address www.winner7platinum.bg, where, following the indicated procedures, the Buyer shall formalise the proposal for the purchase of goods, as mentioned at point 2.1.
Art. 4 - Conclusion and efficiency of the contract
4.1 The present purchase agreement is concluded through its full compilation and consent, expressed by the subscription processed online from the website www.winner7platinum.bg.
4.2 When the Supplier receives the order from the Buyer the first shall send a confirmation e-mail, which will be saved on the personal profile of the Buyer, available and downloadable anytime.
4.3 The Buyer will be also able to print the present contract and send it via e-mail for further confirmation at the following e-mail address: firstname.lastname@example.org.
Art. 5 - Payment and reimbursement methods
5.1 Every payment from the Buyer will only be made through one of the methods indicated by the Supplier on the dedicated webpage www.winner7platinum.bg.
5.2 Any possible refund to the Buyer will be accredited through one of the modes proposed by the Supplier and chosen by the Buyer, in a timely manner and, in the case of right to withdraw, according to art. 12, point 2 et seq. of the present contract, within 30 days from the date on which the Supplier is informed on the withdrawal.
Art. 6 - Delivery time and methods
6.1 Delivery time are up to 90 days and methods for the ordered products, selected by the Buyer, are indicated on the Supplier’s website www.winner7platinum.bg, and are considered acknowledged and accepted upon subscription to the present contract.
Art. 7 - Prices
7.1 All the prices of goods, expressed in Euros, are indicated on the website www.winner7platinum.bg and represent the offer made to the public.
7.2 Sales prices mentioned in the previous point include VAT and any extra charges or tax.
Art. 8 - Limitation of liability
8.1 The Supplier shall not assume any responsibility if not able to deliver the order by the time indicated in the contract for malfunctions caused by reasons of force majeure.
8.2 The Supplier shall not assume any responsibility towards the Buyer, apart from cases of negligence or intentional misconduct, for malfunctions or disruptions connected to the use of Internet, beyond his or his sub-suppliers’ control.
8.3 The Supplier shall not assume any responsibility for damage, loss or costs experienced by the Buyer after he non-execution of the contract for reasons which are beyond their control, as the Buyer only has right to a full refund of the corresponding price and of the possible extra-charges.
8.4 The Supplier shall not assume any responsibility for the possible inappropriate or illegal use by third parties of the credit cards, the cheques and the other payment methods of the purchased products.
Art. 9 - Liability for defective products, proof of loss and compensation for damage
9.1 The Supplier shall be responsible for the damage caused by defective products, if he omits communicating to the damaged the identity and the domicile of the person who supplies the product within 3 months from the request.
9.2 The abovementioned request shall be in written form and must indicate the product which caused the damage, the place and the date of purchase and must also contain the offer of the product, if still existing.
9.3 The Supplier shall not be considered responsible for the consequences derived by a faulted object, if the fault is due to the product’s compliance, for a legal provision or a mandatory measure, which means if the status of scientific and technical knowledge when the producer put the product into market, didn’t allow to considered the product faulted.
9.4 No refund will be fulfilled if the damaged was aware of the fault of the product and of the consequent danger and regardless chose to expose himself.
9.5 In any case the damaged has to prove the fault, the damage and the causal connection between fault and damage.
9.6 The damaged can ask for damages caused by death or injury or for the destruction or deterioration of another object, whether if suitable for private use and mainly used by the damaged himself.
Art. 10 - Guarantees
10.1 The Supplier shall always be responsible for any possible lack of conformity which manifests itself within 2 years from the delivery of the product.
10.2 For the purposes of the present agreement, the goods are compliant to the contract if, where relevant, the following circumstances coexist: a) they are suitable to the use made for goods of the same kind; b) correspond to the description provided by the Supplier and retain the features of the goods indicated by the Supplier; c) they present the qualities and the performances of a product of the same kind, that the Buyer can reasonably expect, considering the nature of the product and, in case, of the public declarations on the specific characteristics of the products made by the Supplier, the producer or their agent or representative, in particular on advertising or labelling; d) they are also suitable to a particular use intended by the Buyer, if the Supplier acknowledges and accepts, also by conclusive facts.
10.3 The Buyer loses any right whether they do not declare the lack of compliance within 2 months from the date in which the fault has been discovered. A complaint is not necessary if the Supplier has admitted the existence of a lack of compliance or has hidden it.
10.4 In any case, unless proven otherwise, it is presumed that the lacks of compliances manifesting themselves within 6 months from the delivery of the product already existed on that date, except if such hypothesis is incompatible with the nature of the product or the lack of compliance.
10.5 For any kind of lack of compliance, the Buyer can require, alternatively and free of charge, following the conditions listed below, the repair or the substitution of the purchased product, a reduction of the price or the resolution of the present contract, except if the request appears objectively unfeasible, which means excessively expensive for the Supplier.
10.6 The request must be delivered in written form, with registered mail, or via e-mail to the email@example.com, to the Supplier, who will state their availability to start the fulfilment of the request or the reasons why they are not in the possibility to do so, within 7 working days from the receipt. In the same communication, if the Supplier accepts the request of the Buyer, they will have to indicate the shipping methods and the deadline for the return or the substitution of the faulted product.
10.7 If the repair or the substitution are not possible or excessively expensive, or if the Supplier has not arranged the repair or the substitution of the product before the deadline mentioned in the previous point of the present contract or also if the repair of the substitution carried out previously have caused significant inconvenience to the Buyer, this can choose between asking a reduction of the price or the resolution of the contract. In such case, the Buyer has to state his availability to fulfil it or the reasons why he can’t do so, within 7 working days from the receipt.
10.8 In the same communication, if the Supplier has accepted the Buyer’s request, has to indicate the proposed reduction of the price or the return methods of the faulted product. In such cases the Buyer has to indicate the preferred methods to be refunded for the amount previously paid to the Supplier.
Art. 11 -Buyer’s obligations
11.1 The Buyer commits to pay the price of the product following the time and the methods indicated in the contract and specified on the Supplier’s website www.winner7platinum.bg.
11.2 The information contained in the present contract and abovementioned are considered acknowledged and accepted by the Buyer’s with the acceptance expressed at the bottom of the present contract.
Art. 12 - Right of withdrawal
12.1 The Buyer has, in any case, right to withdraw from the concluded contract without any penalty and without specifying the reason, within 14 working days, starting from the day of the receipt of the purchased product.
12.2 In the case the Supplier hasn’t satisfied the information obligations on existence, mode and return, the deadline for the exercise of the right of withdrawal is in 12 months, starting from the end of the initial period of withdrawal.
12.3 To exercise their right to withdraw, the Buyer has to inform the Supplier via e-mail to the address firstname.lastname@example.org. In such case, the Supplier will immediately send a confirmation e-mail to the Buyer. For the purposes of the right of withdrawal the confirmation e-mail can be replaced with the return of the purchased product, if the same conditions are respected.
12.4 The return of the product must be carried out without undue delay and in any case within 14 days from the date in which the Buyer communicated the Supplier their decision to withdraw from the contract. In any case, in order to receive full refund of the paid amount the product must be returned intact and in normal state of preservation.
12.5 The Buyer will not exercise the right of withdrawal for the contracts of sealed products which have been opened and also of customized or tailor-made products, that for their nature cannot be returned, or for the goods that risk to deteriorate or alter quickly and also for products whose price is regulated by fluctuations of the financial markets, out of the supplier’s control. Moreover the right of withdrawal can’t be exercised on the vouchers attributed from the Supplier to the Buyer according to what has been aforementioned.
12.6 The only costs at expense of the Buyer for the right of withdrawal according to the present article are those directly associated to the return of the product to the Buyer.
12.7 The Supplier shall refund the full amount paid by the Buyer within 14 days from the day of acknowledgement of the Buyer’s decision to withdraw from the contract.
12.8 Once the Buyer informs on the withdrawal from the contract and the communication is received, the Parties of the present contract are free from mutual obligations, except for the cases described in the previous points of the present article.
Art. 13 - Express resolutory clause
13.1 The obligations described at point 11.1, acknowledged by the Buyer, and the confirmation of a successful payment made by the Buyer following the methods pointed out at point 5.1 and also the respect of the obligations accepted by the Supplier at point 6, are essential conditions; by expressed agreement the non-fulfilment of one or more obligation, if not caused by fortuitous case or force majeure, will mean the resolution of the contract, without the need of legal ruling.
Art. 14 - Protection of privacy and processing of personal data
14.1 The Supplier protects their clients’ privacy and guarantees that to process personal data in accordance with new regulation GDPR on privacy 2018 according to EU regulation 2016/679
14.2 Personal and fiscal data acquired directly or through third parties from the Supplier, controller of the processing, shall be collected and processed in paper or digital form, to register the order and to activate the procedures for the execution of the present contract and the relevant needed communication, the fulfilment of the legal obligations and the efficient management of the commercial relationships, in order to carry out the service in the best possible way.
14.3 The Supplier shall protect the privacy of data and information shared by the Buyer and shall not reveal them to unauthorized persons, nor shall use them for purposes which don’t correspond to the reasons why they were collected in the first place. Such data can only be exhibited on request to the judicial authorities, or to other administrative authorities authorized by law.
14.4 Personal data will be communicated, after signing a confidentiality agreement, only to subjects delegated to the procedures needed to conclude the present contract and exclusively for these purposes.
14.5 The buyer has the right to obtain: a) update, amendment or, if needed, integration of data; b) cancelation, conversion into anonym form or block of data processed in violation of law, including data which don’t need to be stored for the purposes they had been collected for; c) attestation that the procedures indicated in points a) and b) have been shared, contents included, with the people who have received the aforementioned data, except when the fulfilment is impossible or appears to be manifestly disproportionate to the protected right.
14.6 The delivery of personal data from the Buyer is a necessary condition to execute the present contract correctly and promptly. Should this condition lack, the order can’t be sent.
14.7 In any case, the collected data will be stored for a period of time not longer than the purposes for which they were collected or subsequently processed and their removal must be processed safely.
14.8 The controller of the collection and the process of personal data is the Supplier, to whom the Buyer can address any request, using the company’s Headquarters.
Art. 15 - Orders and contract archive methods
15.1 The Supplier will store the present contract and any received order in digital form on the website www.winner7platinum.bg, according to suitable criteria, in order to ensure privacy and security.
Art. 16 - Communication and complaints
16.1 All communications and possible complaints addressed to the Supplier will be considered legitimate only if sent at the e-mail address email@example.com. The Buyer must necessarily indicate their residence or domicile, phone number, fiscal code and e-mail address to which they prefer to receive the Supplier’s communications.
Art. 17 - Controversies
17.1 All the controversies deriving from or related to the present contract will be deferred to the Arbitration Court of the Chamber of Commerce and Industry of Bulgaria and solved in accordance with the Conciliation Regulation.
17.2 If the Parties want to appeal the ordinary Court, instead, the Provincial or District Court of Bulgaria will be considered the only competent court.
Art. 18 - Applicable law and referral
18.1 The present contract is regulated by the law of State of Bulgaria.
18.2 For what is not explicitly specified or regulated by the aforementioned regulation, mentioned at point 1 of the present article, the principles contained in Directive 2000/31/CE shall be applied.
Art. 19 - Final clause
19.1 This Agreement supersedes any proposal or prior agreement, oral or written, and any other communications between the Parties on this object.
The Buyer hereby consents to the processing of personal data by the Supplier for advertising purposes, direct sales, market researches or commercial communication.
I have read and understood the Terms and Conditions