DEFINITIONS
For the purpose of these Terms of service, the following Terms are to be understood as follows:
Site – https://ecomaat.eu and all of its subpages
User – any natural person who acquires goods or services that are not intended to engage in commercial or professional activity and any natural person who, as a party to a contract, acts outside the scope of his trade or profession.
Terms of service – the current Terms of service which include Terms of service, cookies policy, registration and delivery rules, voluntary dispute resolution, contract return form, guarantee form and any other legally relevant information that is on the Site.
Personal data – any information about an individual which reveals his or her physical, psychological, mental, family, economic, cultural or social identity.
Goods – movable tangible property, with the exception of items sold by an action of enforcement or other measures by lawful authorities, as well as property that is abandoned or withdrawn in favour of the state and put up for sale by public authorities. Goods are also water, gas and electricity when offered for sale, packaged in a limited volume or in a certain quantity.
Sales Contract – a contract under which the ownership of goods is transferred from the Company to the Consumer and the Consumer pays or is obliged to pay the price for the goods, including contracts involving both goods and services.
Alternative Consumer Dispute Resolution – an out-of-court settlement procedure for Consumer disputes that meets the requirements of the Consumer protection act and is executed by an alternative Consumer dispute resolution body.
1. SCOPE OF APPLICATION
1.1. All sales contracts entered into between Ecomaat Ltd., having its registration in Mirkovo (Bulgaria), 21 Vasil Levski str. (the “Company“), and the User – acting as a consumer within the meaning of Section 3 of Legislative Decree no. 206/2005 (the “Consumer Code“), (the “User”), as a result of the submission of purchase orders via the website www.ecomaat.eu (the “Site“), shall be governed by these General Terms and Conditions of Online Sale (“General Conditions”).
1.2. By accepting the General Conditions at the purchase of any goods on the Site, the User undertakes to comply with the General Conditions. The non-acceptance of the General Condition will result in the impossibility for the User to purchase goods through the Site.
2. AMENDMENTS OF THE GENERAL CONDITIONS
2.1. The Company reserves the right to make amendments to the General Conditions at any time should they be necessary to comply with legal provisions, to adapt the General Conditions to the Company’s sales procedures or for technical reasons. In any case, the General Conditions applying to each purchase will be those in force at the moment of the submission of the purchase order.
3. CREATION OF AN ACCOUNT
3.1. In order to purchase goods on the Site, the User shall (i) create a new account on the Site on which he/she intends to make a purchase, or (ii) access the Site using the authentication credentials obtained at the creation of his/her account on the Site.
3.2. In order to create a new account the User shall (i) correctly complete the registration form, inserting all data requested by the same (by way of example: name, surname, e-mail address, telephone number and password), (ii) read the privacy policy and (iii) confirm the registration.
3.3. For the purposes of the creation of the account the User shall choose a password which he/she is required to keep secret as more particularly described in the Terms and Conditions of Use of the Site. The User’s username will correspond to the e-mail address provided during the registration process.
3.4. Following his/her registration on the Platform, the User will receive confirmation of his/her successful registration via email to the email address provided during the registration process
3.5. Subsequently, the User may choose a payment method among those indicated at Article 8.1 below and submit his/her purchase order electronically to the Company.
3.6. The User may cancel his/her account at any time by sending an email to the Company at the address indicated in Article 13 below. Upon the receipt of this communication, any contractual relationship between the User and the Company – without prejudice to purchase orders already sent before the cancellation request – will be considered terminated and the User’s username and password will be deleted.
4. CONCLUSION OF THE PURCHASE AGREEMENT
4.1. By sending a purchase order by means of the Site the User makes a binding offer to purchase the selected goods and, thus, to enter into a purchase agreement, which will be governed in its entirety by the General Conditions (the “Agreement“).
4.2. Upon the sending of the purchase order, the Company will send the User via email a confirmation of receipt of the order which contains the order number and any details of the order (the “Receipt Confirmation“). In any case, it is understood that the conclusion of the Agreement will be subject to the Company’s express approval of the purchase order by means of an email confirming that the order has been shipped to the User (“Shipping Confirmation“). As a consequence, the User hereby acknowledges that the Receipt Confirmation will not constitute acceptance of the purchase order and that the Agreement will be considered entered into upon the receipt by the User of the Shipping Confirmation, pursuant to Article 9.2 below.
4.3. Before confirming the purchase order, the User shall check the purchase order summary to ensure all data provided are correct. Should the User become aware of any errors solely upon the confirmation of the purchase order, the User contact the Company in the manner indicated in Article 13 to correct such errors.
4.4. The User shall retain the order number contained in the Receipt Confirmation in order to access the assistance service and for use in any other communication with the Company.
5. AVAILABILITY OF GOODS
5.1. The User may select for purchase solely the goods included in the catalogue published on the Site which are available at the moment of the purchase order. The selected goods will be placed in the shopping basket whose contents may be cancelled or modified at any moment up to the submission of the purchase order.
5.2. The catalogue of goods will be updated on a periodical basis by the Company, which thus does not provide any warranty on the availability of a certain goods displayed on the Site.
5.3. The goods are accompanied by a description of their main characteristics. Due to the settings of the computing systems or the device used by the User to view the Site, images and colours shown in the goods’ description might not correspond precisely to the effective features of the goods. As a consequence, images shall be considered as indicative within normal tolerance limits.
5.4. The goods on the Site will be available until stock exhaustion. If the goods selected, even though selectable, are not available, the Company will promptly inform the User via email to the address provided by the User. If the goods are permanently unavailable, the Company will propose alternative goods to the User, it being understood that, if the User does not wish to accept the proposal, he/she will be promptly refunded for any payment already made. In case of acceptance of the alternative proposal by the User, to be sent via email to the address indicated in Article 13 below, the Agreement will be entered into at the User’s receipt of the Shipping Confirmation, pursuant to Article 4.2 above.
6. PRICES
6.1. The sale prices are expressed in Euro and inclusive of VAT.
6.2. Any purchase order made by the User will be subject to the sale prices published online at the moment of its submission. Such prices may vary without any notice. The User will be responsible to check the final price before submitting the purchase order.
6.3. All prices of goods displayed on the Site are exclusive of shipping costs, which will be borne by the User in their entirety. Such costs will vary in accordance with the selected country of destination for the delivery and will be indicated separately in the purchase order summary and the Receipt Confirmation.
7. PAYMENTS; INVOICING; REFUNDS
7.1. The only available payment method is via credit or debit card;
7.2. The Company reserves the right not to accept a purchase order in the event of failure to authorise payment by the manager of the payment method pursuant to Article 7.1. above.
7.3. Any refunds of the amounts paid to the Company by the User will be processed in accordance with the timing and the conditions provided for by the managers the payment method.
7.4. If the User requires a commercial invoice issued to a legal entity for the goods ordered, he/she has to write a comment with the data to be used for the invoice in the “Notes to the order” field when completing the order.
8. DELIVERY
8.1. Goods purchased on the Site will be delivered to the shipping address indicated by the User during the registration process by means of express courier.
8.2. The User will receive the Shipping Confirmation, including a tracking code to monitor of the shipping process, when the goods are handed by the Company to the express courier.
8.3. The Company undertakes to deliver the goods within 30 (thirty) days from the day after the User has placed a Purchase Order on the Site.
8.4. Delivery is considered to be made at the time of the acquisition, by the User or a third party authorized by him/her, of the material availability of the goods, which will be proven by the signature of the order receipt at the agreed shipping address.
8.5. Upon delivery of teh goods, the User shall check that the packaging is intact and without signs of damage, tampering or alteration. If the results of such checks are negative, the User shall immediately raise the issue to the courier, by refusing the goods or accepting the same with reservation, to be written on the transport document. Furthermore, the User shall immediately inform the Company by contacting its customer service (the “Customer Service“) as indicated in Article 13 below.
8.6. In the event of non-delivery of the goods due to the User’s absence on each attempt envisaged by the courier’s delivery procedure, the courier will store the goods at its warehouse until its collection by the User and in any case within the term indicated in the attempted delivery notice provided to the User. If the goods are not collected within such deadline, they will be returned to the Company by the courier.
9. DECLARATIONS AND GUARANTEES OF THE USER
9.1. The User hereby declares and guarantees that:
9.1.1. he/she is eligible to legitimately enter into the Agreement;
9.1.2. he/she is at least 18 years old;
9.1.3. the personal data and other information communicated to the Company during the registration process or the purchase of goods are correct, truthful and updated.
9.1.4. he/she will use the Site in compliance with all applicable laws or regulations, refraining from any direct and/or indirect use of the Site which is non-compliant with the applicable laws, these General Conditions or harmful to any third party rights.
10. LEGAL WARRANTY OF CONFORMITY
10.1. The goods sold to the User through the Site are covered by the legal warranty of conformity set forth by Articles 128 et seq. of the Consumer Code (“Legal Warranty“).
10.2. Without prejudice to the provisions of Article 5.3 above, the Company shall deliver to the User goods which are compliant to the Agreement.
10.3. The Company will be liable against the User for any lack of conformity existing at the moment of delivery of goods, provided that such lack of conformity is manifested within 2 (two) years from the delivery of the same. The User will lose his/her rights under the Legal Warranty if he/she fails to report the lack of conformity to the Company within 2 (two) months from the date of its discovery, by contacting the Customer Service via email at the address indicated in Article 13. Such lack of conformity shall be reported by the form attached at the bottom of these General Conditions, which shall contain an accurate and complete description of the alleged defects or faults and photographs of the goods to prove the reported lack of conformity defect. The Customer Service will promptly reply immediately to the User by sending him/her another form to be completed and providing instructions for the return of the goods.
10.4. Should the Customer Service consider a reported lack of conformity as proven based on the compliant received and the photographs thereto attached, the return of the relevant goods will be at the Company’s expense. Should, however, the Customer Service, based on an analysis of the photographic documentation, consider that the complaint is not well-grounded, the User may return the goods to the Company at his/her own expense so as to enable the Company to carry out a it to a physical analysis of the goods. The duly completed form received from the Customer Service following the complaint for lack of conformity and the payment receipt, as well as any other document reasonably requested by the Company, shall be attached the goods in relation to which the User is wishing to exercise the Legal Warranty.
10.5. The User may request to the Company, at his/her discretion, either (i) to replace the goods – after reimbursement of the price – against a new order or (ii) to reimburse the price, save where the remedy chosen is objectively impossible or excessively onerous compared to the other.
10.6. Where one of the following conditions apply: (i) replacement is impossible or excessively onerous, (ii) the Company is not able to replace the goods within an appropriate time limit, (iii) the replacement previously occurred resulted in a significant inconvenience for the User, the Company shall be entitled to reimburse the price.
10.7. Should the Company assess that the reported lack of conformity actually exists upon the collection or receipt of the goods, any expenses in terms of transport, replacement of the goods will be borne by the Company and, if transport costs were paid by the User pursuant to Article 10.4 above, they will be refunded by the Company. On the contrary, should the Company assess that the reported lack of conformity does not exist or the conditions to apply the Legal Warranty are not satisfied, the Legal Warranty will not apply and all transport costs – whether borne by the User to send the goods to the Company or vice versa -, will be borne by the User. In such cases, the Company will inform the User to such effect and the goods will be returned to the shipping address indicated by the User. In case of failure to deliver the goods to the User or to a third party authorised by the latter, the goods will be stored for a period of 15 days or longer, as indicated in the non-delivery notice provided to the User. Should this term run without the User having collected the goods, the Company will have the right to charge the storage costs to the User and to freely dispose of the goods.
10.8. The User hereby acknowledges and accepts that any faults or damage caused by accidents, by fault on the part of the User, by non-complaint use of the goods with respect to its intended use or by normal wear and tear will not be covered by the Legal Warranty.
11. RIGHT OF WITHDRAWAL
11.1. The User will have the right to withdraw from the Agreement within 14 (fourteen) days without having to state any relevant reasons. The withdrawal period expires after 14 (fourteen) days from the date when the User or a third party designated by the latter, not being the carrier, obtains physical possession of the purchased goods.
11.2. To exercise the right of withdrawal the User shall clearly declare his/her intention to withdraw from the Agreement by informing the Company to such effect. To such end the User may use the withdrawal form available at the bottom of these General Conditions, to be completed and sent to the Customer Service via email to the address indicated in Article 13.
11.3. To comply with the withdrawal deadline, the User shall send the communication concerning to the exercise of the right of withdrawal prior to the expiry of the withdrawal period set out under Article 11.1. Once the Company has received such communication, it will send the User a receipt confirmation via email together with instructions to correctly return the goods to the Company.
11.4. In case of withdrawal, the Company will refund to the User the price of the returned goods in full, in except of the initial shipping costs relating to the same and any supplementary costs resulting from the User’s choice for a type of delivery. The shipping costs for the return of the goods will be borne by the User.
11.5. In case of withdrawal, the User will be required to return the purchased goods to the Company within 14 (fourteen) days running from the date on which he/she communicates his/her decision to withdraw from the Agreement. To return the goods the User may use the courier service chosen by the Company. In such event, the User will not be required to pay directly the costs of the return as the Company will pay them on the User’s behalf and deduct such costs from the refund due to the latter. If the User decides to use this service, the latter shall indicate it in the form under Article 11.2. The User will then be required to contact the courier directly to proceed with the return. If the User freely chooses to use a different courier from the one chosen by the Company, he/she will bear the relevant shipping costs.
11.6. The Company will refund the amounts indicated in Article 11.4 above to the User no later than 14 (fourteen) days from the date of receipt of the withdrawal form by the Company. Nonetheless, the Company will be entitled to suspend the refund until the receipt of the returned goods or until the User has demonstrated that he/she has sent the goods back, depending on which situation occurs first. The refund will be made by the same mean of payment used for the initial transaction by the User.
11.7. The User will be required to return the goods without having used them, in a proper conservation state, in original packaging, with no traces of use or disturbance of the commercial appearance. The goods’ packaging shall be accurate in order to safeguard the original packaging from damage, extraneous writing or labels. If such conditions are not met, the Company will return the goods to the User at the latter’s expense.
11.8. To return the goods to the Company, the User shall print the filled-in withdrawal form and send it to the Customer Service pursuant to Article 11.3 above. The withdrawal form shall be inserted in the return packaging in order to ensure that the return of the same to the Company is successfully completed. If the User has any doubts in relation to the procedure to be followed to exercise the right of withdrawal, he/she may contact the Customer Service at the addresses indicated in Article 13 below to obtain all necessary clarification.
12. PERSONAL DATA PROTECTION
12.1. The Company will process the User’s personal data for the purposes and in accordance with the procedures detailed in the Privacy Policy available at the Site.
13. COMMUNICATIONS
13.1. To receive assistance, make claims or to request information, the User will be able to contact the Company at the following contacts:
Customer Service +359 8897289017 or by email office@ecomaat.eu
14. INTELLECTUAL PROPERTY
14.1. The rights of intellectual property over materials and resources, placed on the Site (including the existing database), that are an object of protection under the Law on Copyright and Neighbouring Rights, are property of the Company or the indicated person, who transferred the right of use to the Company and can not be used in violation of the current legislation.
14.2. When copying or reproducing information beyond the legal limits or by any other violation of intellectual property rights on the resources of the Site, the Company has the right to make claim for all damages including direct and indirect damages.
14.3. Except as expressly agreed upon, the User may not reproduce, modify, delete, publish, distribute or otherwise disclose the information resources posted on the Site.
14.4 The Company reserves the right to stop access to the services provided and has the right, but not an obligation, at its discretion to delete information resources and materials posted on the Site.
15. TERMINATION AND CANCELLATION OF THE CONTRACT
15.1. The Company has the right at its sole discretion without giving notice to terminate the contract if it finds that the services provided are used in violation of the present Terms of service, the applicable legislation and the generally accepted moral norms.
15.2. Except as provided in these Terms of service, the agreement between the parties shall terminate upon termination of the activity of the Company or termination of maintenance of its website.
15.2. Except from the case outlined above, either party may terminate this Agreement by giving one week’s notice to the other party in the event of failure to perform the obligations under the contract.
15.3. Written form of the contract is considered fulfilled by sending an e-mail message, pressing an electronic button on a content page to be filled in or selected by the Consumer or check box on the Site, etc., insofar as the statement is recorded technically in a way that enables it to be reproduced.
16. ONLINE DISPUTES RESOLUTION
16.1. Users can use the European Dispute Resolution Online Platform (ODR) available at http://ec.europa.eu/odr/ – a unified access portal allowing EU Consumers and Traders to settle disputes between themselves.
16.2. Alternative dispute resolution (ADR) between Consumers and Traders is an out-of-court conciliation procedure on a voluntary basis.
16.3. The general conciliation commissions help to reach agreement between Consumers and Traders in disputes over service contracts. The General Conciliation Commissions are defined on a regional basis and competent to resolve disputes between the Company and the Users is:
General Conciliation Committee of the Commission for Consumer Protection
The Consolidated List of Recognized ADR Authorities of the Member States of the European Union may be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show
17. APPLICABLE LAW
17.1. The provisions of the law of Republic of Bulgaria shall apply to any cases unregulated under these Terms of service.
