PLEASE READ CAREFULLY OUR GENERAL TERMS AND CONDITIONS!
General terms and conditions
Content:
I. Subject and general considerations
II. Agreement between VIKIVAT Ltd. and User
III. Delivery and right of withdrawal
IV. Prices of goods and delivery
V. Rights and obligations of User
VI. Right of Claim
VII. Rights and Obligations of the supplier
VIII. Restrictions on Supplier Responsibility
IX. Entry into force and amendments
X. Settlement of disputes
XI. Applicable law
I. SUBJECT AND GENERAL PROVISIONS
1. SUBJECT
Art. 1. These Terms and Conditions regulate the relations between VIKIWAT Ltd., hereinafter referred to as "SUPPLIER" or "VIKIWAT", owner of website: vikiwat.com, operating as an online store called for short: ONLINE STORE on one hand, and on the other hand all users and visitors and customers of this online store, hereinafter referred as “USER”. These terms and conditions bind all customers of ONLINE STORE, whether they are registered with an account or they are shopping as a guest, by phone or by e-mail and contact form. By voluntarily choosing a commodity, link or button located on the pages of vikiwat.com and/or a link to these Terms and Conditions, the USER agrees, accepts and undertakes to abide by these Terms and Conditions of Use.
2. INFORMATION ABOUT THE SUPPLIER
Art. 2. Information according Law of Electronic Commerce and Law of Consumer Protection:
1. Name of the SUPPLIER: VIKIWAT Ltd.
2. Company registration address: Bulgaria, Plovdiv, 4003, 17 Ticha Str.
3. Company address of activity and General Manager:
Bulgaria, Plovdiv, 4002, 3 Mostova Str.
Mr. Philip Sarelski – General Manager
4. Contact details and correspondence:
Bulgaria, Plovdiv, 4002, 3 Mostova Str.
Tel: +359/032/643 216
Tel: +359/032/643219
E-mail: info@vikiwat.com
5. Entry in public registers: UIC 160138003
6. Registration under the Law on Value Added Tax (VAT): BG 160138003
7. Supervisory authorities:
(1) Commission for Protection of Personal Data (CPDP)
Address: Sofia 1592, Prof. Tsvetan Lazarov Blvd.
Tel.+359/02/940 20 46
Fax: +359/02/940 36 40
E-mail: kzld@government.bg, kzld@cpdp.bg
Website: cpdp.bg
(2) The Consumer Protection Commission (CPC)
Address: 1000 Sofia, 4A Slaveikov Square, 3rd, 4th and 6th floor,
Tel: +359/02/980 25 24
Fax: +359/02/988 42 18
Hotline: +359/0700 111 22
Website: kzp.bg
(3) ADR platform (Alternative Dispute Resolution)
If a dispute arises that cannot be resolved with the ONLINE SHOP, you can use the official website:
ec.europa.eu/consumers/odr
3. GENERAL PROVISIONS
Art. 4. USER within the meaning of these General Terms and Conditions of Use may be a legal entity or a natural person who wants to purchase goods or services offered by ONLINE STORE.
Art. 5. GOODS within the meaning of these General Terms and Conditions of Use are any goods and/or services offered by ONLINE STORE.
Art. 6. These Terms and Conditions of Use are binding force for VIKIWAT and USERS of ONLINE STORE. When filling in an electronic form for registration and/or making a contract statement by choosing/filling: "accept General Terms and Conditions" field, USER makes an electronic statement in the meaning of Electronic Document and Electronic Signature Law and declares that is familiar and accepts these General terms and conditions of use.
Art. 7. Identifying the USER in order to reproduce his/her statement, both for the acceptance of the Terms and Conditions and for his/her official order, is done through the log files stored on the servers on the web site: vikiwat.com and/or storage of USER’ IP address; storage of email messages; recording of phone calls; as well as any other information necessary to identify the USER.
II. CONTRACT BETWEEN VIKIWAT LTD AND USER
Art. 8. Goods and services shown and offered at ONLINE STORE do not constitute a legally binding offer to USERS but should be considered as a demonstrative online catalog describing the SUPPLIER's product line and range.
Art. 9. To be able to purchase goods and services from ONLINE STORE, you must meet the following conditions:
9.1. To have a correct and valid address for the territory of which delivery is intended.
9.2. To fill correctly the electronic registration form and/or to place a statement as guest without registering on the website system - online, by phone or by e-mail/contact form.
9.3. To be familiar with and to agree to these Terms and Conditions for using of ONLINE STORE.
9.4. To specify a correct and valid contact phone number; a valid email address, filled in delivery and billing addresses (if necessary); correctly filled name/surname and contact details for delivery.
9.5. To confirm your order by phone or by e-mail upon request from ONLINE STORE.
9.6. To provide an access and opportunity to receive the selected goods/orders of the shipping company that delivers it to you.
9.7. To pay the value amount of the order as well as shipping costs for the delivery, if there are no conditions for free delivery.
9.8. After clicking the button: "Confirm Order", USER agrees to officially purchase the goods stored in "Shopping Basket" section. This action has a legally binding force. USER receives a formal confirmation of his order by email and upon receipt of this confirmation, the contract is deemed to have already been concluded. VIKIWAT may request additional confirmation, including by phone and or by e-mail for additional clarifications of the order or delivery details. In the event that information requested above is refused to be given to SUPPLIER, this automatically leads to cancellation of the order, with or without further notice of the USER.
9.9. VIKIWAT Ltd. may terminate the use of an ONLINE STORE in case of unauthorized access, inappropriate actions or in violation of the laws of the Republic of Bulgaria.
9.10. RESTRICTIONS: Users of ONLINE STORE are not allowed to:
- Copy, distribute or use texts, images, video, banners, pictures or other information of the site without approval permission of VIKIWAT Ltd;
- Overload the system with fake orders, fictitious queries or other similar information.
Art. 10. Upon completion of order, the USER will receive automatic confirmation to a given valid e-mail address. From this moment application is considered accepted and enforceable by VIKIWAT. In case of impossibility to execute part of the order or the whole order, USER will receive additional email or a phone call to the telephone as to be notified the situation.
Art. 11 SUPPLIER reserves the right to reject delivery of confirmed order in case products are not available. If a product is out of stock, SUPPLIER informs USER within three working days by sending official email or a phone call. If a payment is completed to VIKIWAT account, USER will be able to choose between cancellation of the order and refund of the amount paid by him, or accepting a substitute order within 3 working days. If a USER request to be reimbursed with the amount paid but this was not expressed within the terms under the preceding sentence, SUPPLIER shall refund to the USER full amount paid within 14 calendar days.
Art. 12 Conditions described on the invoice provided to the USER upon delivery of the goods, ordered via ONLINE STORE by electronic application of the USER for confirmation of the order, together with these General Terms and Conditions, constitute a complete and official regulation of the contract relations for two parties, except if USER has signed a separate purchase contract with SUPPLIER under other agreed terms and conditions.
Art. 13 The contract language is Bulgarian and payments will be made in Bulgarian levs (BGN) with VAT incl. If it is not stated whether final amount include or not VAT (value added tax), then VAT is always included. SUPPLIER reserves the right to request from the USER to submit the documents necessary for the conclusion and / or execution of the contract, according to the requirements of the Bulgarian legislation.
III. DELIVERY AND RIGHT OF WITHDRAWAL
Art. 14 When an online order is placed by the USER via ONLINE STORE, an automatic order confirmation will be sent to given valid email address, with which SUPPLIER informs for a successful order received in the system. A technical assistant may contact the USER by phone as to request further confirmation and/or clarification for delivery details. In case requested information is not confirmed by phone, this automatically leads to official cancellation of USER’ order without any further notice or change of status: "Pending" for a maximum of 3 days.
Art. 15 VIKIWAT reserves the right to reject any online order due to not enough availability or for any other reason by officially notifying the USER of the refusal and the reason for it. The available goods are processed and dispatched by shipping company to USER within the specified delivery time according to selected service.
Art. 16 Optional ways for payment of orders from ONLINE STORE are:
- Cash on delivery paid directly to the shipping company presentative upon delivery (for Bulgaria only);
- By a wire transfer (bank transfer) to:
Commercial Bank D AD
BG83DEMI92401000101947 (in BGN)
SWIFT: DEMIBGSF;
- By PayPal - PayPal system is one of the safest ways to send and receive payments online. It includes the latest systems and processes that protect your financial information. Payment to PayPal requires a credit card or funds accumulated in the system account; Credit / debit cards issued by VISA (Classic and Electron) and MASTERCARD (including Maestro if they have a CVV2 / CVC2 code) are accepted. Regardless of the currency you have in your account, transactions are always made in Bulgarian Leva (BGN) at the current exchange rate determined by your bank.
- By Epay.bg – Epay system is Bulgarian electronic payment system whereby customers can make payments for goods and services with bank cards and micro-accounts. The system provider is the company "Epay" AD.
- By POS terminal with bank cards (under development)
VIKIWAT will soon accepts bank card payments with trademarks BORICA, VISA and MasterCard in accordance with all the requirements specified in BORICA, VISA and MasterCard branding instructions for e-commerce payments and applies the following policy:
Virtual POS Card Protection Policy:
- USER's payment card details will not be available to VIKIWAT, nor will it be stored by VIKIWAT but only by the issuer of the respective payment card or by any other entity authorized to provide card credential storage services.
- The authorized entity for providing card data storage services is Borika AD, a company incorporated and operating under Bulgarian law, registered in Commercial Register with UIC No. 201230426 and having its registered office and registered address in Sofia city, district area Krasno selo, 41 Tsar Boris III Blvd., Bulgaria.
- In certain cases, in order to maintain the security of the Transactions, the USER will have to authorize the payment by re-entering the card password or using fingerprints for mobile terminals that have this feature.
- VIKIWAT complies with all technical specifications and follow all requirements for making payments with virtual POS terminal.
- SSL security certificate installed;
- Store user passwords encrypted;
- High level of security on the platform including protection against some of the most common vulnerabilities such as SQL Injection, Cross Site Scripting (XSS), etc.;
- A private server located in Germany and maintained by Hetzner;
Payment Refunds for online orders paid via virtual POS terminal:
All payment refunds for online orders paid via virtual POS terminal are completed within 14 days from the date of payment on conditions requiring the refund of the amount paid or part of it to the account of the card payment.
All other cases requiring the refund of the amount paid with a virtual POS, outside the 14-day period from the date of payment, shall be made by bank transfer to the bank account specified by the USER.
Art. 17. Upon confirmation of the order, the goods are delivered with a shipping company depending on the choice of the USER and delivery terms of the SUPPLIER. VIKIWAT is not responsible for any delay of delivery if this delay is due to shipping company or other supplier. In case of incorrect or wrong provided address, contact person and/or phone number during check out, VIKIWAT is not bound by any obligation to fulfill the order.
Art.18. Orders are delivered by a shipping company to the specified by the USER: "Delivery address" or shipping company’ office within 2 to 5 working days (depending on the goods and the address location). A longer delivery period is also possible for products that are subject to USER'S SPECIAL DELIVERY. For each product with such special delivery terms is provided information in the description on ONLINE STORE’ product page. In this case deadlines will be clarified and confirmed wit USER in advance via email or by phone call.
Art. 19. Any delivery for territory of Bulgaria may be delivered with Speedy or ECONT under the terms of delivery of Speedy Economic and Express service delivery; ECONT express or delivery to the offices of Speedy and ECONT in Bulgaria. If USER chooses a delivery option for Speedy’ office, a discount on the delivery price is provided. For city of Plovdiv, all deliveries can be performed under the conditions of Speedy Urban Courier service. For international shipments outside Bulgaria, shipment may be shipped with DPD Economy Service, BG Post or another licensed international carrier.
Art. 20. Upon delivery of the GOODS order should be carefully inspected by the USER or a person authorized by it (third party authorized). All possible damages should be described in Protocol provided by the carrier and filled in his/her presence. USER shall keep a copy of this Statement of Damage for himself and shall immediately notify VIKIWAT for the situation in order to exercise USER’ rights.
Art. 21 Upon delivery of the GOODS, USER or a third authorized person shall sign all necessary documents. A third authorized person is any person who is not the owner of the order but accepts the delivery of the goods and has accepted the delivery at the address specified by the USER.
Art. 22. In the event of a refusal of the ORDER, except for the cases described below, the refusal shall be considered unfounded and USER owes all the cost of delivery and return to VIKIWAT. In the event that USER is not found within the terms of delivery, the delivered address is either not provided with access and conditions for delivery of the goods within this period, SUPPLIER shall be exempt from the obligation to deliver the goods ordered . If the USERR has complete a bank transfer to VIKIWAT's account, in the cases specified in this provision, VIKIWAT will refund to USER the amount paid within 14 working days.
Art. 23. If delivered goods do not correspond to purchase goods by the USER, if they are faulty or mis-described, the USER has legal right to request to a replacement, a repair or to obtain a full or partially refund within 24 hours of receipt. In this case it is necessary the USER to fill validly VIKIWAT’ Claim Form which can be found on home page footer and to wait for an employee to contact him/her for further assistance. For questions or additional information, the USER may call on our National line: +359/0700 45 445 (at the price of a local call from a landline telephone) as to inform SUPPLIER and accordingly to take steps to resolve it.
Art. 24. USER has the right to end the contract with SUPPLIER and to apply his right of withdrawal without being obliged to pay penalty and without providing a specific reason for his decision to reject the order from ONLINE STORE, whether it is placed online as a registered account or as a guest, by e-mail or by phone. This right of withdrawal can be applied within 14 days from the date of receipt of the goods by the USER when the requirements of Art. 52., Art. 54. and Art. 55. of Consumer Protection Act (CPA) are valid. Official USER's denial should be applied in the following manner and under the following conditions:
24.1. USER should inform the SUPPLIER in advance for this decision by sending in a writing form his decision of withdrawal to the following email address: info@vikiwat.com.
24.2. The right of withdrawal may be exercised by the USER easily by filling section: „EXERCISE OF THE RIGHT OF WITHDRAWAL" which is located in the footer area on home page of ONLINE STORE.
24.3. The 14-day period shall be deemed to be complied with only if the written notice has been sent to VIKIWAT before its expiration. Within the same time period (14 days), the USER should send back the product(s) with a shipping company SPEEDY with economy service delivery, in original packaging, with complete equipment and necessary documentation, without any damages and/or missing parts of the goods/devices to the following address:
VIKIWAT LTD, Plovdiv, 4002, 3 Mostova Str., For Claims Department.
24.4. All shipping and other costs of returning the goods are entirely at the expense of the USER. In the event of loss of the goods prior to receipt by the SUPPLIER, the USER owes compensation in the amount of its value according to the current PRICE POLICY in the ONLINE STORE.
24.5. The SUPPLIER undertakes that in case the USER refuses to accept the distance selling contract in accordance with these General Terms and Conditions of Use, he shall return to the USER full amount paid not later than 14 (fourteen ) days from the date on which the USER exercised its right of withdrawal from the concluded contract in the same way as received (if it is with cash on delivery - it is returned with cash, if it is by bank transfer, is returned to bank way, etc. under the CPA.) 24.6. The SUPPLIER has no obligation to reimburse the additional cost of delivering the goods when the USER has explicitly chosen a way of delivering the goods other than the cheapest type of standard economy delivery offered by the SUPPLIER.
24.7. In the cases when the USER has not fulfilled the requirements for return of the supplied goods, the SUPPLIER has the right to refuse the return of the paid amounts or respectively to deduct the amounts of the services used from the amounts owed to the USER.
24.8. The USER shall not be entitled to withdraw from the Contract in the following cases:
- In the case of a supply of goods which, by their nature, may deteriorate or have a short shelf-life;
- When delivering sealed goods that have been printed after delivery and cannot be returned for reasons of hygiene or health protection;
- In all other cases provided for by law.
IV. PRODUCT PRICES AND DELIVERY
Art. 25. The prices listed in ONLINE STORE do not include packing and shipping to the address specified by the USER. The costs of payment method: Cash on Delivery and insurance of the goods is at the expense of VIKIWAT except in the cases of expressed wish of the USER for delivery from a courier of his choice. In such cases all costs are calculated according to carrier’ tariff plans and are additionally charged to the USER.
Art. 26. All final prices in ONLINE STORE - vikiwat.com are in Bulgarian Lev (BGN) and have VAT included.
26.1. Prices in ONLINE STORE and prices in VIKIWAT’ offline store may vary. SUPPLIER reserves its right to make special promotions online, to offer hot deals and promo codes that are not valid in offline store of the company.
26.2. The cost of delivery is NOT included in the price of the products and is paid separately from the USER. It is automatically calculated and visible to the USER before finalizing its order during check-out.
26.3. Prices are dependent on the quantity of the goods purchased. VIKIWAT offers discounts when purchasing bigger quantities, and in the case of large orders there is an opportunity for additional price negotiations.
26.4. All promotions such as free delivery for a specified period of time or for exceeding a minimum order amount, as well as discounts for regular customers are received only for orders placed by USERS via ONLINE STORE and cannot be obtained on orders placed by telephone or by e-mail / email / contact form.
26.5. Upon request for purchase from ONLINE STORE, in case there is a price discount provided for the respective product, the USER will be able to benefit from the discount on which he is entitled.
26.6. All orders chosen with Cash on Delivery payment option will be dispatched from VIKIWAT with SPEEDY or ECONT shipping companies as preferred by the USER аand the delivery price is for the account of the USER and is indicated at the end of the ordering process
26.7 Goods ordered by ONLINE STORE may be personally accepted on site at the physical store of VIKIWAT located on Bulgaria, 4002, Plovdiv, 3 Mostova Street. In this case, the USER does not owe a shipping charge.
26.8. Unsolicited and unsuccessful for delivery orders within 7 days are automatically canceled in the ONLINE STORE’ system.
26.9. VIKIWAT reserves the right to correct errors and/or to update the contents of ONLINE STORE at any time and without notice which includes changes of goods and prices. These changes will not affect already made and confirmed orders that will be processed and delivered under the conditions that were current at the time of the confirmation of the respective order.
26.10 For registered users and online orders above 100 BGN (VAT incl.), VIKIWAT will deliver free of charge on the territory of Bulgaria with FREE standard delivery with SPEEDY (2- 3 working days after dispatching from SUPPLIER ‘warehouse).
If there is a delay in delivery by SPEEDY due to a timetable for small towns deliveries, VIKIWAT is not responsible for these delays. The cost of deliveries of orders up to 50 BGN (VAT incl.) is calculated on the basis of the total weight of the order and delivery address. Each USER of ONLINE STORE has the opportunity to see the exact delivery price according to the delivery method and address before finalizing the order from the "Order" page.
V. RIGHTS AND OBLIGATIONS OF THE USER
Art. 27. USER has the opportunity to view and order the offered goods/services in ONLINE STORE. The USER may order goods with or without a registration in ONLINE STORE by complying with the requirements of these General Terms and Conditions.
Art. 28. The USER has the right to be informed about the status of his order.
Art. 29. The USER bears full responsibility for the protection of their username and password as well as for all actions performed by them or by a third party by using the username and password in the ONLINE STORE. The USER is obliged to immediately notify the SUPPLIER for each case of unauthorized access by using his username and password and whenever there is a danger of such use.
Art. 30. The USER is obliged to pay the price of his order according to the information given in ONLINE STORE.
Art. 31. Each USER whether a customer or not of the SUPPLIER undertakes:
31.1. Not to violate and disrespect the fundamental rights and freedoms of citizens and human rights in accordance with the Constitution and the laws of Republic of Bulgaria and the recognized international laws.
31.2. Not to harm the reputation of another person/entity and not appeal to violations of the existing legal order.
31.3. Not to violate any foreign property or immaterial, absolute or relative rights and interests, such as property rights, intellectual property rights and others.
31.4. To comply with Bulgarian law, applicable foreign laws, moral rules and good morals and Internet ethics when using ONLINE STORE.
31.5. To inform immediately the SUPPLIER of any case of violation of ONLINE STORE or purchasing the goods presented in ONLINE STORE.
31.6. Not to upload, transmit, distribute or otherwise use and disclose to third parties software, computer programs, files, applications or other materials containing computer viruses, unauthorized remote control systems, computer codes or materials intended to interrupt, hinder, distort or restrict the normal functioning of computer hardware or software or telecommunication facilities or aiming at unauthorized intrusion or access to foreign resources and or software.
31.7. Not to perform malicious actions.
31.8. To indemnify the SUPPLIER and all third parties for any loss or damage suffered including any costs and fees paid as a consequence of claims made by and/or compensation paid to third parties in connection with websites, hyperlinks, materials or information that the USER has used, located on the server, sent, distributed, made available to third parties or made available through ONLINE STORE in violation of the law, the present Terms of Use, morals and/or Internet ethics.
31.9. The USER is obliged to indicate a correct and valid telephone number, a valid delivery address and a valid e-mail address, to pay the price of the goods, to pay for the delivery costs when it is not free of charge and to provide access and the opportunity to receive the delivery. In the event that the delivery is free of charge, it shall be deemed to be gratuitous.
31.10. The SUPPLIER is the creator and owner of this ONLINE STORE and gives the USER the right to upload and view all published material for non-commercial personal use only, subject to and in compliance with all copyrights and trademarks. ONLINE STORE IS under the protection of copyright and related rights, and any unauthorized use may be a copyright infringement, trade mark rights, or other legal provisions. Their use on other websites is forbidden!
VI. RIGHT OF CLAIMS
Art. 32. When the goods do not conform to the order, the SUPPLIER is obliged to bring it in line with the order. Alignment of the consumer goods in accordance with the order must be made within one month (30 days) from the date of the claim by the USER.
Art. 33. After expiry of the term under the previous clause, the USER shall have the right to cancel the contract and to be reimbursed with the amount paid within 7 working days or to demand reduction of the price of the consumer goods according to Art. 114. of the CPA.
Art. 34. The corrective act from SUPPLIER in order to provide the goods in accordance with the sales contract is free of charge for the USER. USER does not owe any cost to dispose of consumer goods or materials and labor related to the repair and should not suffer any significant inconvenience.
Art. 35. Upon receipt and only upon payment of the delivery fees, the USER shall have the right to check the contents of his shipment of goods for correspondence with the application. After payment of the goods and before signing his name and signature as the recipient of the documentation from the shipping company, the USER must ensure the integrity of the package of his shipment.
Art. 36. In the event of damage of the packaging together with a presentative of Delivery Company, an official Damage protocol should be prepared describing the condition of the packaging and the status of the available contents of the shipment.
Art. 37. Claims concerning type and integrity of the shipment should be officially laid in the presence of a delivery company at the time of receipt of the shipment or before the USER leaves the carrrier's office (upon receipt of the shipment from the office). Afterwards, the USER has the right to cancel its order within 14 working days of receipt of the goods if they are not used except for for a test of proper work (functionality of the product, matching of the size) the integrity of their packaging is not impaired and have a commercial appearance (all labels, stickers must be on the item/package).
Art. 38. If a defective product is received, within 24 hours from its receipt and in case of undamaged items and packaging, VIKIWAT undertakes to replace the product with a new according to the guarantee conditions of the respective producer company or to refund the value of the goods paid by the consumer under Art. 55. of the CPA as of the date of which the USER has exercised his right of withdrawal.
After this period expires or in case of violation of the commercial appearance or the packaging of the goods, the repairs of the goods shall be taken over by the repairers indicated in the warranty card. The transportation and other costs of receiving and returning the goods are at the expense of the USER.
Art. 39. In the case of non-conformity of the goods with the characteristics/parameters specified in the ONLINE STORE’ description, the SUPPLIER refunds the entire amount paid by the USER according to Art. 59. Paragraph 3 of the CPA and within 14 days of receipt of the goods in the same way in which the amount has been paid by the USER.
Art. 40. If the shipment is damaged or fragmented, the claim will only be accepted in the presence of a courier - as soon as the goods are received. VIKIWAT does not accept claims in the event when USER accepts such a shipment and does not perform its claim to the carrier.
Art. 41. Upon receipt and payment of the goods, the USER may exercise its right of Claim it or Refund in the following cases and time limits:
- If during operation it shows defects provided as warranty.
- In the cases provided for in Article 69, para. 3 of the IPPC.
Art. 42. Electronic components and spare parts are not subject to warranty claims. Guarantee for them is only taken if they are stored in equipment repaired by service providers of the SUPPLIER.
Art. 43. When the products are covered by a warranty period offered directly by the manufacturer and the USER is provided with a warranty card showing the addresses and telephone numbers of official warranty service centers, USER is addressed directly to those repairers or service points. Transportation costs to the workshop are at the expense of the USER. The USER warranty is 24 months from the date of purchase, for the end customer.
VII. RIGHTS AND OBLIGATIONS OF THE SUPPLIER
Art. 44. The SUPPLIER has no obligation and objective ability to control the way the USER uses the purchased goods.
Art. 45. The SUPPLIER has the right but not the obligation to keep materials and information on the server of ONLINE STORE.
Art. 46. The SUPPLIER is entitled at any time without notice to the USER when he uses the services in breach of these General Terms and Conditions and at the discretion of the SUPPLIER to terminate, suspend or change the offered goods.
Art. 47. The SUPPLIER is not liable to USER and third parties for any damages suffered and lost profits resulting from the termination, suspension, modification or limitation of the product range; deletion, modification, loss, unreliability, inaccuracy or incompleteness of messages, materials or information transmitted, used, recorded, or made available through the ONLINE STORE.
Art. 48. After the receipt of the payment, the SUPPLIER undertakes to transfer to the USER the ownership of the goods ordered, to deliver the goods ordered for purchase within the time limit, to check the technical condition of each item before sending it (if this is possible without the integrity of the package is impaired).
Art. 49. The SUPPLIER is not liable for damages caused to the software, hardware or telecommunication equipment or for the loss of data arising from materials or resources searched, loaded or used in any way through the goods offered. The advice or assistance provided by the SUPPLIER's specialists and employees in connection with the purchase of the SUPPLIER's goods does not give rise to any liability for the SUPPLIER.
Art. 52. The SUPPLIER shall not be liable for any failure to fulfill its obligations under these General Terms and Conditions in the event of circumstances that the SUPPLIER has not foreseen and was not obliged to foresee - occasional events, problems in the global Internet network and the provision of goods beyond the SUPPLIER's control.
Art. 53. SUPPLIER issues a sales document for each transaction. This is always an invoice with VAT included. Such an invoice is received by all customers. VIKIWAT may establish a condition for issuing an invoice with VAT depending on the submission of supporting documents. The terms apply to all users.
VIII. LIMITATIONS OF THE SUPPLIER 'S LIABILITY
Art. 54. The SUPPLIER is not responsible for websites and their content which are not part of vikiwat.com. SUPPLIER does not undertake to pursue any website linked to illegal content of copyright, pornography, racism and any other acts prohibited by the laws of Republic of Bulgaria. In the event that a USER has noticed such violations, he/she undertakes to notify the ONLINE STORE as to remove the link to the offending site.
Art. 55. The SUPPLIER is not responsible for possible incidental deficiencies related to the actuality of the information contained in the ONLINE STORE; is not responsible for the consequences, incl. any damage caused by or in any way connected with the access or use of ONLINE STORE; is not responsible for the integrity of the ONLINE STORE’ information from computer viruses or other threats. The information displayed in ONLINE STORE is in compliance with the applicable legislation and its use by the USERS is voluntary and on their own initiative.
Art. 56. The SUPPLIER is not responsible for the completeness, validity, and substance of the information contained on the linked sites.
Art. 57. The SUPPLIER does not guarantee trouble-free and uninterrupted access to the domain: vikiwat.com.
Art. 58. The SUPPLIER is not responsible for the depletion of the stock.
Art. 59. The SUPPLIER is not responsible for any inaccuracies in the product information submitted by the manufacturer.
Art. 60. The SUPPLIER is not responsible for delaying or failing to fulfill its obligations for reasons beyond its control.
IX. ENTRY INTO FORCE AND AMENDMENTS
Art. 61. These General Terms and Conditions of Use shall enter into force as of March 2018. These General Terms and Conditions of Use may be amended unilaterally by VIKIWAT at its sole discretion at any time or in order to meet the requirements of the applicable legislation. It is the USER's responsibility to check these Terms of Use at any time before using ONLINE STORE.
If the USER uses the ONLINE STORE after the publication (entry into force) of the changes, these USER actions will be accepted as confirmation that the USER has accepted and agreed to the changes to these Terms of Use. USER hereby agrees that all subsequent orders / purchases will be governed by these Terms and Conditions. Depending on the implementation of these Terms and Conditions and any modifications thereof, VIKIWAT grants the USER a personal, non-exclusive, non-transferable right to access and use the ONLINE STORE. By ordering goods from the SUPPLIER - either online or otherwise, as a telephone or via e-mail / contact form or by accepting the delivery of such goods as described in the invoice, the USER agrees to be bound and accepts these General Terms of Use. For any amendment to these General Terms and Conditions, the SUPPLIER is obliged to notify the USER within 7 days of the occurrence of this circumstance at a telephone / e-mail / correspondence address. In the event that the USER does not agree with the changes to the General Terms and Conditions, he may withdraw from the contract without specifying a specific reason and without owning a compensation or penalty or continue to comply with the General Terms and Conditions before the amendment. In this case, the USER shall exercise his right of withdrawal by sending a written notice to the SUPPLIER within one month (30days) of receiving the notice from the SUPPLIER for changing the General Terms of Use. (Note: This USER's right does not apply in cases where the amendment to the General Terms and Conditions is due to an order or instruction by a competent authority in the Republic of Bulgaria). In the event that the USER under the concluded contract has been notified by the SUPPLIER for a change in the General Terms of Use but has not exercised his right to withdraw within the above terms and conditions, he shall be deemed to have accepted the amendments to the General conditions and they bind him.
X. SETTLEMENT OF DISPUTES
Art. 62. Disputes between the parties under these Terms of Use may be settled by direct negotiation between them and by the out-of-court settlement procedure provided for in the applicable law, including through the conclusion of an out-of-court agreement and the use of the APC platform. In the absence of consent, either party may request the assistance of the Commission for Consumer Protection (CPC) or refer the dispute to the competent court.
XI. APPLICABLE LAW
Art. 63. Bulgarian law shall apply to the application and interpretation of these General Terms and Conditions of Use.
Last update: 17 January, 2019
For further questions, remember that you can always contact us on the e-mail addresses and phones listed on the page to assist you.
We wish you have a nice shopping!
Sincerely,
VIKIWAT Ltd. Team