These GENERAL TERMS AND CONDITIONS regulate the contractual relations under distance purchase and sale agreements (distance sales) between
“Gebr. Heinemann Bulgaria” OOD and the users, both individuals and legal entities, of electronic (Internet) pages and services, available in domain
, its sub-domains and using the information and commercial services, offered by “Gebr. Heinemann Bulgaria” at the Site.
These General Terms and Conditions are regulated by the Bulgarian and European legislation in effect, and in particular by the User Protection Act,
the Electronic Commerce Act, the Wine and Alcoholic Beverages Act, the Copyright and Related Rights Act, the Obligations and Contracts Act,
the Postal Services Act, etc.
1. Terms and conditions for using the Merchant’s Site. Preorder.
At registering at the Site the User / Legal Entity confirms and declares her/his/its agreement with these General Terms and Conditions.
The Site’s information services are rendered “as they are published”, and the Merchant bears no liability for the exactness of the published
information. The Merchant is not responsible and assume no commitment for provision of information regarding confirmation of generated orders
by the User / Legal Entity, the status of their or of other Users / Legal Entities enquiries, questions regarding products,
products’ availability, as well as for any damages suffered and/or benefits forgone and any other losses of any nature and amount,
occurred after, as a result of or due to use / impossibility to use (due to technical problems, prophylactics, decisions of the
administrator, etc.) of the Site.
With the acceptance of these General Terms and Conditions the User / Legal Entity is notified that the Site reflects the goods’
availability as of the moment of the check, as considering the dynamics of the circulation of goods it is possible certain goods,
published and existing on the Site as “in stock (available)”, to be depleted at the Preorder and unavailable for ordering and purchase
in the Merchant’s store and/or by exception delivered to an address of the User / Legal Entity. The User / Legal Entity shall indicate
the Merchant’s store, where to receive the Goods. Only as an exception, in case of inability to travel or with other cogent and valid
reasons for the Merchant, the User / Legal Entity may request shipment of the Goods to an indicated by the latter address, in case such
a valid reason exists, being one among the listed on the Site. In such case the goods will be delivered subject to the terms and conditions
of a concluded distance purchase and sale agreement. Until the explicit confirmation of the Preorder on behalf of the Merchant,
the generated Preorder will have status “order” and in all cases the Merchant shall confirm to the User / Legal Entity the possibility / impossibility
for purchase of the ordered via the Site goods in the Merchant’s store and/or as an exception delivery to an address of the User / Legal Entty,
as only after the confirmation the generated Preorder shall be considered accepted and the purchase and sale agreement in the Merchant’s store
and/or from distance executed. The parameters (term / delivery method, etc.) of the Preorder may be changed, both on behalf of the Merchant,
as well as by the User / Legal Entity before its confirmation, as the Merchant shall notify the User / Legal Entity for the changes made at
the provided by the User / Legal Entity contact e-mail and/or telephone and/or otherwise, until the moment of the sending to the User / Legal Entity
the notification for the confirmed Preorder at the latest. In such cases the User / Legal Entity shall confirm the agreement thereof with the
changes made, for the purpose of the valid execution of the purchase and sale agreement.
For the purpose of the Preorder for goods the User / Legal Entity shall complete the registration on the Site through filling in all the mandatory
boxes in the registration form, with which the User / Legal Entity declares that provides true, exact, current and complete information, necessary
for the implementation of the purchase and sale. The Merchant is not responsible for any wrongly and/or inexactly completed Preorder, if the User / Legal
Entity has provided untrue, inexact, non-current or incomplete information, and in such cases the Merchant shall be entitled to refuse further access
of the User / Legal Entity to a part of or to all Goods, offered on the Site.
2. Personal Data Protection
“Gebr. Heinemann Bulgaria” OOD is a personal data controller within the meaning of the General Data Protection Regulation, the Personal Data Protection
Act and other legal regulations at the Territory, which collects, stores, processes personal data of the persons, whom the data concerns.
The Merchant is a Personal Data Controller, established at the territory of the Republic of Bulgaria and processes in conformance with the
law and in good faith data for the purpose of its business – wholesale and retail of goods, and it does not processes the data additionally
in a manner, other than for that purpose. The recipients or categories of recipients, to whom the personal data could be disclosed, are the
individuals, whom the data concern or other persons, if that is stipulated in a legal regulation. The provided by the User / Legal Entity Personal Data
shall not be disclosed to third parties for advertising and promotional purpose and it shall be processed only under the condition that the individual,
whom the data concern, has granted the explicit consent thereof, as in case of no explicit consent on behalf of the person, whom the data concern,
the Merchant shall not be entitled to process her/his data. With the provision of the personal data the User / Legal Entity grants automatically
available at the Site, which the User / Legal Entity should read prior to using the Site’s services.
3. Copyrights and limitations related thereto
The User / Legal Entity may order any and all goods offered on the Site for personal needs, not exceeding the normal consumption of a household,
not for commercial purpose, and under the condition that there is no violation of the copyrights of the Merchant or of third parties, related
directly or indirectly with the materials on the Site. The copying, reproduction, processing and/or public disclosure with any purpose whatsoever
by the User / Legal Entity of the materials, published on the Site, are expressly forbidden. The Merchant retains his right to reassign the rights
for publishing of materials and other information, published on the Site, to third parties under additionally concluded agreement in written form,
regulating the legal relations between the Merchant and the person, publishing the information. At purchase of goods, which are object of copyrights
and/or patent rights, the Merchant does not grant any additional rights to use or distribution, except the explicitly stated rights and/or licenses
by the goods’ manufacturer / distributor. All goods provided and services rendered by the Merchant, having the protection according to the Copyright
and Related Rights Act, are provided to the Users / Legal Entities in its original appearance, packing and carrier with no impact whatsoever by the
Merchant and according to the licenses and distribution rights, granted by the manufacturers and/or distributors thereof for the Republic of Bulgaria.
The Site’s links to other sites, owned by third parties, are provided and published for the User’s / Legal Entity’s convenience. When using such link
the User / Legal Entity does not use a service, provided by the Merchant and these General Terms and Conditions are not applicable to in relation to
the use of such links, external to the Site. The Merchant shall bear no liability in relation to the information and/or contents of other websites,
owned by third parties, and the Merchant does not force on or recommend the use of such other sites or the information published therein. Any and all
eventual risks, related to the use of such websites, are born by the User / Legal Entity.
4. Goods, presented on the Site
The information for the goods on the Site is divided by groups and sub-groups. On the page (link) to each article / product, listed on the Site,
there is provided information regarding the price, the VAT applicable, main characteristics of the goods and additional information, aimed at
helping the User / Legal Entity to make an informed choice when making a purchase. The Merchant bears no responsibility for any omissions and
inexact data in the description of the goods, not related to the goods’ main characteristics, and the Merchant does not claim exhaustiveness
of the provided information.
The Merchant retains his right to publish names, trademarks and other information for goods in English or another language, when:
а) Valuable information regarding the goods’ characteristics could be lost in and/or with the translation;
б) There is no generally accepted unified terminology in Bulgarian language;
в) The product itself carries information in English or another language.
Any and all prices on the Site are in BGN (Bulgarian lev), VAT included. In case the product has several modifications,
there is a price corresponding to each modification respectively. The Merchant shall be entitled at any time and without
advance notification to make changes to and in the published products, services, prices and other characteristics of the
goods, and the Users / Legal entities shall be considered informed for the stated changes from the date of the publication
thereof. It is possible that the information for a part of the published products would not be updated, but in any case the
Users / Legal Entities, having made a Preorder on the Site, prior to the receipt of the ordered goods, will be notified for
any not updated information, related to the goods ordered. A part of the information, published on the Site, may concern products,
which are not offered and not available at the moment
5. Purchase of goods through a Preorder on the Site
The User / Legal Entity shall be entitled to order under the conditions of a Preorder any and all goods, offered on the Site.
When making a Preorder the User / Legal Entity may select the goods’ type, mark and quantity, payment terms, as far as possible,
the manner and terms for the Goods’ receipt, in accordance with the listed on the site options. At any time prior to the final
confirmation of the Preorder made, the User / Legal Entity shall be entitled to make changes to the selected by him goods.
When making a Preorder on the Site the User / Legal Entity enters into contractual relations with the Merchant for purchase and sale
of the selected article, regulated by these General Terms and Conditions, as the Preorder made shall be considered accepted after
receipt of the Merchant’s confirmation, containing the above described parameters and in accordance with the instructions, stated on the Site.
The Merchant may request an additional confirmation by the User / Legal Entity for an order made, including by telephone and/or e-mail.
In case the User / Legal Entity refuses to provide the requested by the Merchant confirmation, such refusal shall lead to automatic
cancellation of the Preorder. The Merchant shall be entitled to change the prices, stated on the Site, on its own consideration, at
any time and without notifying in advance the User / Legal Entity. The User / Legal Entity shall pay the price, which has been stated
on the Site at the moment of making the Preorder, regardless whether lower or higher of the updated price. The shipment and delivery costs,
in case the goods will be delivered, will be automatically calculated in the order’s value on the Site and indicated below the information,
published for the ordered article. In case of any technical errors in the published information on the Site, as a result of which the Preorder
could not be executed or due to other reasons, such as absence of valid reasons for delivery of the ordered goods and other similar, the Merchant
shall be entitled to refuse to perform the Preorder, being due no compensation to the User / Legal Entity, except reimbursement of the amounts,
paid and/or deposited by the User / Legal Entity for refused Preorder, if any.
6. Payment of purchased goods
The Goods could be paid by the User / Legal Entity through a bank card via POS terminal or using other payment systems (e-pay, paypal, etc.),
if the Site accepts such. The Merchant’s bank account should be credited with the final due by the User / Legal Entity amount for the order,
as any and all taxes, fees, deductions, etc., required for making the bank transfer, shall be paid in full and covered by the User / Legal Entity.
The ordered goods could be paid in cash only in case if the goods shall be received in a Merchant’s store at the moment of the goods’
receipt in the Merchant’s store. Payment “cash on delivery” is not admissible. At delivery of the goods the User / Legal Entity shall
also pay the shipment and delivery costs.
7. Receipt of the goods
The term for receipt of the ordered with a Preorder goods in a merchant’s store is from 12 hours up to 4 business days, after the receipt
of a confirmation of the Preorder, as this term could be extended against official holidays and/or weekends with the term of the non-working days.
In case of an indicated address for the goods’ delivery as an exception, the delivery term is up to 3 business days from the receipt of the payment
for the goods ordered under the Preorder. In any case a delay is possible, for which the Merchant shall notify in a timely manner the User / Legal Entity.
The Merchant retains the right to extend the stated terms with up to 7 (seven) calendar days with the prior consent on behalf of the User / Legal Entity,
who / which has made the Preorder. In case of Goods’ delivery as an exception, the Merchant shall not be liable for any delay of the delivery as a
result of reasons beyond the Merchant’s control, for example such as delay on behalf of the courier, making the delivery. At receipt of the goods,
whether in the Merchant’s store or in case of delivery, the goods should be checked and carefully inspected by the User / Legal Entity and/or an
authorized thereby person. If any defects are established at delivery, the User / Legal Entity shall file a claim in the Merchant’s store or write down
the type and nature of the defects established in the bill of lading in the presence of the Courier at the time of the delivery and notify immediately
the Merchant, calling telephone 02/9791691. At acceptance of the goods by the User / Legal Entity with no objections in the Store or with signing the
bill of lading, served by the courier, any and all subsequent claims for external visible defects of the goods purchased shall be without merits and grounds,
and as such will not be satisfied. In case of wrongly indicated address, contact person and/or telephone at making the Preorder, the Merchant shall bear
no responsibility for any inexact performance of the Preorder as a result of the provided wrong information by the User / Legal Entity. When receiving
the goods the User / Legal Entity or a third person, indicated thereby, shall sign the accompanying documents. Third person shall mean each person,
who is not a principal under the Preorder, but who accepts the goods in a Store or when delivered at the provided by the User / Legal Entity delivery address.
In case the User / Legal Entity could not be found within the delivery term at the provided by the latter address and/or no access is provided to the delivery
address, the Merchant shall be released of the obligation to deliver the ordered goods and the User / Legal Entity shall not receive the delivery of the goods
. When the goods clearly are not in conformity with the goods ordered by the User / Legal Entity and this could be ascertained with ordinary review of the
delivered goods, the User / Legal Entity shall be entitled to demand replacement of the goods with ones corresponding to the goods ordered with the Preorder.
The Merchant retains his right to select / change the courier, making the delivery, with no obligation to notify in advance the User / Legal Entity to that
regard, so long this have no impact on the delivery manner and term.
8. Refusing purchased goods
The User shall be entitled to withdraw from the distance purchase and sale agreement or from the off-site agreement,
without having to state a reason, and not owing any compensation or penalty, within 14 (fourteen) calendar days, considered
from the date on which the User or a third person, other than the courier and authorized by the User, has gotten possession
of the goods or the date on which the User or a third person, other than the courier and authorized by the User, has gotten
possession of the last product, under a contract according to which with one order several goods are ordered. The User shall
be entitled to withdraw from the off-site agreement only and solely
in relation to goods, which are not consumable and fall in
the applied field of the Consumer Protection Act in the part distance agreements.
The right of withdrawal from the off-site agreement
shall not be applicable in the following cases: for delivery of goods, manufactured as per the User’s order or according to his
individual requirements; for delivery of goods, which due to the nature thereof may lower their quality or have a short good-to-use period;
for delivery of sealed goods, which are unsealed after the delivery thereof and could not be returned due to considerations, related to
the hygiene or health protection; for delivery of goods, which, after having been delivered and due to their nature have mixed with other
goods, from which they can not be separated; for delivery of sealed sound or video records or sealed computer software, unsealed and opened
after the delivery and for delivery of newspapers, periodic press or magazines with the exception of subscription agreements for the delivery
of such publications. To exercise his right to refusal, the User shall notify the Merchant for his full name (three names), address, telephone
number and e-mail and for his decision to withdraw from the distance agreement with unequivocal declaration (for example a letter for withdrawal
from the distance agreement, sent via mail or e-mail). The User may use the attached standard withdrawal form, but not mandatory:
Standard form for exercising the right to withdraw from the agreement (fill in and send this form only in case you want to withdraw
from the agreement).
city…………….., Blvd. ……………… No …………..,
Hereby I (we)* would like to inform you, that I (we)* withdraw from the concluded by me (us)*
agreement for the purchase of the following goods* / for provision of the following service*:
– Ordered on*/Received on* ..........................................................................................
– Name of User(s) .............................................................................................
– Address of User(s) ...........................................................................................
– Signature of User(s) ..........................................................................................
(only in case this form is on paper)
– Date ....................................................................................................................
* Strike the unnecessary.“
The User may also fill in and submit electronically the standard withdrawal form or other unequivocal declaration for withdrawing from the Site,
and if exercising such option, the Merchant shall immediately send on permanent carrier (for example via e-mail) message for confirmation of the
receipt of the withdrawal. In order to comply with the term for withdrawing from the agreement, it would be enough for the User to send his notice
regarding exercising his right to withdraw prior to the expiration of this term. In case the User withdraws from the agreement, the Merchant shall
refund all payments he has received, excluding the delivery costs, additional costs related to the delivery manner, chosen by the User, other than
the standard one, offered by the Merchant, bank fees and commissions, the expenses for returning the goods, for which the User has exercised his
right to refuse, with all of the latter being on the User’s account. When the User exercises his right to withdraw from the distance agreement or
the off-site agreement and when the Merchant has not offered to pick up the goods, the User shall send to or deliver the goods back to the Merchant
or to an authorized by the latter person with no undue delay and not later than 14 (fourteen) calendar days, considered from the date on which the
User has notified the Merchant for his decision to withdraw from the agreement. The deadline shall be considered met if the User sends or delivers
the goods back to the Merchant prior to the expiration of the 14 days term. The Merchant shall refund the paid by the User amount in all cases not
later than 14 (fourteen) calendar days, considered from the date on which the User has notified the Merchant for his decision to withdraw from the
agreement. The Merchant shall return the paid amount only through a bank transfer to the customer’s banking or card account, from which the payment
was made, or to another bank account, opened in Bulgaria, explicitly indicated by the User in the standard withdrawal form or in the letter of
withdrawal in free text. The Merchant shall be entitled to delay and postpone the refund of the payments until the receipt of the goods back from
the User, without this being considered Merchant’s delay in accordance with the Consumer Protection Act. The term shall be considered met if the
User sends back the goods to the Merchant prior to the expiration of the 14 days term. The User shall cover the direct costs related to the goods’
return, such as messenger and courier costs. The goods shall be returned in their original packaging, complete set with the accompanying documentation,
and without any damages. If the Merchant fails to comply with the stated obligation, the Merchant retains his right to decide whether to accept back
the return goods and to refund the paid amounts. The User agrees and grants his consent, and the Merchant shall be entitled to deduct his receivables
for administrative, transportation, courier and other costs against the User’s receivables for the paid amount of the ordered by the latter goods.
The Legal Entities shall not be entitled to exercise the right to withdrawal and refusal under the present section, as well as any and all consumers’
rights, stipulated in the Consumer Protection Act, since they are not consumers within the meaning of the additional regulations of this act.
The provisions of the Commercial Act and the Obligations and Contracts Act shall be applicable to and regulate any and all matters, not settled hereunder.
The Merchant shall be entitled to send to the User / Legal Entity notices related to new products, promotions and/or changes in the conditions
and manner for delivery of the offered goods and any other information, published on the Site, as these shall not represent unwanted advertising
messages, only in case of prior granted consent of the User / Legal Entity for the receipt thereof via the Site. If the User / Legal Entity does
not grant consent for the receipt of such trade and advertising messages, that shall not prevent the User / Legal Entity from using the Site’s services.
The User / Legal Entity shall be entitled at any time and immediately to refuse the receipt of such messages, using the link provided in the notice.
The Merchant administers this Site and its application is valid only for the territory of the Republic of Bulgaria. The Merchant declares that the Goods,
listed on the Site, are not suitable or accessible outside the territory of Bulgaria and respectively the access thereto from territories, outside
the borders of the stipulated territory, is invalid. If the User / Legal Entity have any questions, inquiries or need of consultation, he/she/it may
address such online via the Merchant’s Site in the form of questions and inquiries or through an associate of the Merchant at telephone +359 884550610
within usual business hours: 09:00 to 17:00 o’clock, Monday through Friday.
The parties agree that if any of the clauses of these General Terms and Conditions is found invalid, this shall not lead to invalidity of the agreement,
of another clauses or parts of the agreement. The invalid clause shall be replaced according to the imperative legal regulations or as per the
established practice. The regulations of the legislation in effect of the Republic of Bulgaria shall be applicable to any and all matters, not
settled in these General Terms and Conditions. Any disputes between the parties shall be settled in good faith and amicably. If no agreement can
be thus reached, all unresolved disputes arisen out of the agreement or related thereto, including disputes caused by or related to its interpretation,
invalidity, performance or termination, as well as disputes for filling in gaps and omissions in the agreement or the adaptation thereof to newly
occurred circumstances shall be brought for settlement before the competent court in the city of Sofia.
These General Terms and Conditions may be updated at any time, and the publication thereof on the Site shall be considered notification to the
User / Legal Entity for the changes. In case a User disagrees with the changes, the User may cancel a Preorder made, stating no reason for that
and being due no compensation or penalty, through sending the Merchant a written notification within one month from the change of the General Terms
and Conditions in case of disagreement. When using the Site, the User / Legal Entity shall comply with these General Terms and Conditions, as well
as with the applicable to the listed on the Site goods legislation of the Republic of Bulgaria, as well as the international legislation.
THE USER / LEGAL ENTITY AGREES WITH THE GENERAL TERMS AND CONDITIONS FOR USING THE MERCHANT’S SERVICES BY CLICKING ON THE LINK TO THESE
GENERAL TERMS AND CONDITIONS, AND BY DOING SO IT SHALL BE CONSIDERED THAT HE IS AWARE OF THE GENERAL TERMS AND CONDITIONS,
ACCEPTS THEM AND SHALL COMPLY WITH THEM.