These General Terms and Conditions govern the relationship between
"LUX-TEAM21" LTD, on the one hand, as a supplier/seller and the users who use the e-shop, with an address
www.vivid.bg, on the other hand, in connection with the offer, conclusion and performance of distance sales contracts with the subject-matter of the goods offered for sale by the supplier.
These general terms and conditions bind all persons or as follows: guests - visitors to the website or users who have registered an account on the same.
When using the e-shop, persons are obliged to comply with these General Terms and Conditions, as well as the applicable legislation of the Republic of Bulgaria and the European Union.
Persons using the e-shop declare their consent to these General Terms and Conditions by an active action - pressing the appropriate button. For registered users, this consent is provided when registering the respective profile in the e-shop, and for users - guests of the web page, when placing the respective order.
1. Definitions
Supplier/Seller – is the named trading company
"LUX-TEAM21" Ltd., EIC: 206439064, with headquarters in the city of Silistra and management address in the city of Silistra, 8 Nikola Yonkov Vaptsarov St., e-mail: order.vivid@gmail.com
E-shop is the web page /domain/
www.vivid.bg.
User is a natural person who uses the e-shop.
An order is the user's order for certain Goods selected by him, with a certain price, with an obligation to pay the final price of the order and the chosen method of payment for the same, as well as the place of receipt of the Goods - subject of the order.
Merchandise e all goods - visualized and offered by the Supplier in the electronic store at address
www.vivid.bg. The supplier offers for sale used "second-hand" goods that were not purchased directly from the manufacturer and does not guarantee their authenticity and quality.
Price of the Goods is the price per unit, quoted in Bulgarian leva, including value added tax.
The Delivery Price shall be the cost of delivery of the Goods to the Consumer, including value added tax.
Final price of the Order means the total of the Price of the Goods and the Price of Delivery.
Profile is a section in the e-shop containing information about the user provided during his registration.
Personal data are personal data within the meaning of the General Data Protection Regulation (EU) 2016/679 in force from 05/25/2018 and the Personal Data Protection Act.
Virtual wallet a personal section in the electronic store, connected to the registered profile of the respective registered user, through which the seller, at the request of the user, returns to the latter the funds paid by him in the event of a cancellation of the purchase and sale contract concluded at a distance.
2. Copyright and industrial property rights
2.1. Web page www.vivid.bg, its content and the content of the electronic store are objects of copyright and industrial property rights, all of which are owned by
"LUX-TEAM21" LTD.
3. Subject of the distance sales contract.
3.1. The Supplier sells and delivers Goods from a distance to the User, through the Electronic Store after an explicit statement - an order by the User, consisting of the user's selection of certain goods in a virtual "user cart", by pressing the "add" button and completing of the order by pressing the button "order with obligation to pay the final price".
3.2. The user pays the final price of the order according to the terms and conditions of these General Terms and Conditions.
3.3. The supplier, after confirming the order placed, undertakes to deliver the goods to the user in accordance with the terms of these General Terms and Conditions and at the place specified in the user's order.
4. Use of the electronic store by users - guests or through a registered user profile.
4.1. Shopping for goods offered by the supplier through the electronic store can be done by fully capable users - natural persons who are guests of the web page or those who have registered an account on the latter.
4.2. When shopping by a user - a guest on the web page, the user adds the selected items to a "virtual shopping cart" by pressing the "add" button separately for each selected item. In order to submit the order to the supplier, the user must electronically fill in certain information, which also includes personal data, namely: first and last name; a valid email address; telephone; place of delivery, which may also be a delivery address specified by the user; method of payment; additional notes to the order;
4.3. To complete the order, the user - guest should press the active button "order with obligation to pay the final price". By pressing the indicated button, the user undertakes to pay the final price of the order and agrees to the present general terms and conditions of the supplier.
4.4. Shopping can also be done by a registered user, by registering a user profile in the e-shop and access - entering the e-shop through the same profile. In order for the user profile to be registered and used, the user should provide and fill in electronically the following information containing personal data: first and last name; a valid email address; and by pressing the active "Registration" button, the user registers his profile and expresses his agreement with the present general terms and conditions of the provider. Registration can also be done in an expedited manner through third-party platforms such as Facebook and Google+, for which the provider provides active registration buttons available through the respective platform selected by the user. In the latter case
"LUX-TEAM21" LTD accesses the user's personal data necessary for registration, collected by Facebook or Google respectively. After registration, the user has access to his profile, respectively shopping functionalities in the electronic store, by sequentially entering an e-mail address and password, and pressing the active "login" button. On its web page, the Provider also provides the possibility of quick access to the relevant user profile and through the platforms of third parties, such as Facebook and Google+, for which the user should press the corresponding active button "LOGIN" connected to the relevant platform.
4.5. When shopping through a registered user profile, the user can select and add items to the "virtual shopping cart" by pressing the active "add" button separately for each selected item. To complete the order, the registered user should fill in information about: choosing a delivery address and payment method, and press the active button "order with obligation to pay the final price". By pressing the indicated button, the user undertakes to pay the final price of the order.
5. Prices and method of payment. Confirmation of the order by the supplier.
5.1. In the e-shop
www.vivid.bg for each product offered by the supplier and visualized, a specific selling price of the product is indicated, as well as information on the main characteristics of the product, aimed at helping the relatively informed consumer to form his choice to buy the product from a distance or not to buy it. All prices of goods are binding on the supplier from the moment of their publication, and the latter reserves the right to change them unilaterally without warning. The supplier cannot change the price of a product - the subject of an order made by the user or confirmed by the supplier.
5.2. The final price of the Order can be paid in two ways. Payment by cash on delivery - payment is made at the time of delivery of the Goods, when the courier visits the delivery address specified by the user and hands the Goods to the user or to a person - indicated by the latter when generating the order. The final price of the order is given to the courier. The second way is to pay with a Debit/Credit card via PayU.
5.3. The obligation to pay the final price of the order arises for the user from the moment of pressing the active button "order with obligation to pay the final price".
5.4. The distance sales contract with subject - the goods ordered by the user binds the supplier from the moment of the explicit confirmation of the order by the latter. For this purpose, the supplier sends the user an explicit electronic message via e-mail, containing a statement that the order made by the user with the subject of the goods selected by the user against the corresponding final price has been accepted under the corresponding number for execution by the supplier.
5.5. To avoid any disputes, the user accepts that the supplier will be bound by the orders made by the former only if the latter has confirmed these orders in accordance with Art. 5.4.
5.6. The supplier will consider as valid every single order made by a user - a guest of the web page or by a registered user through a registered profile in the electronic store at
www.vivid.bg, as performed in the name and on behalf of the individual whose personal data was filled in when generating and completing the order, respectively when registering the profile, regardless of whether this order was made personally by the same person or not.
6. Delivery.
6.1. The goods are delivered to the place of delivery indicated by the User, which can be: the address of the courier ECONT office in the territory of the Republic of Bulgaria or the address of the recipient in the territory of the Republic of Bulgaria;
6.2. The goods are delivered against the signature of the user or the addressee, who is indicated by the first to receive the goods. If it is impossible to hand over the goods at the first visit to the address and person specified by the User, through no fault of the Supplier and/or the courier (in the event that there is no one at the address, etc.), the supplier makes an effort to contact the user at the specified from the last phone or e-mail address within 2 /two/ working days, in order to specify a new time for delivery. In the event of impossibility of delivery and in the case of a second attempt not due to the fault of the Supplier and/or the courier and in the presence of culpable behavior on the part of the user or of the person indicated by the first person - his addressee, preventing the delivery/receipt of the goods / culpable action or omission, preventing delivery/receipt of the goods/, the Supplier is released from its obligation to actually deliver the ordered goods within the terms specified in the following art. 6.3.
6.3. The term for delivery of the Goods is from 2 to 10 working days.
6.4. The delivery terms begin to run from the date of receipt of the electronic order confirmation message sent by the supplier to the user.
6.5. The price of the Delivery is indicated when each order is generated.
6.6. When handing over the delivered Goods, the User or a third party indicated by him must sign the documents accompanying the Goods. A third party will also be considered any person, other than the user who placed the Order, but who accepted the same, on behalf of the user, upon delivery of the goods to the delivery address specified by the latter in the order.
7. Waiver. Complaints.
7.1. According to Art. 50 of the Consumer Protection Act (CPA), the consumer has the right to refuse the goods received (from the concluded distance sales contract) without giving a reason, without owing compensation or penalty and without paying any expenses, with the exception of the expenses provided for in art. 54, para. 3 and Art. 55 of the Civil Code within 14 days, counting from the date of: acceptance of the goods by the consumer or by a third party other than the carrier and specified by the consumer or when the consumer has ordered many goods with one order that are delivered separately, counting from the date , on which the consumer or a third party, other than the carrier and indicated by the consumer, has taken possession of the last goods.
7.2. Information on exercising the right to withdraw from the contract (Appendix No. 7 to Article 47, Paragraph 4 of the PPE) Standard instructions for withdrawal:
I. Right to withdraw from the contract remotely or off-premises.
II. You have the right to withdraw from this contract without giving reasons within 14 days.
III. The cancellation period is 14 (fourteen) days from the date on which you or a third party, other than the carrier and indicated by you, took possession of the goods or in the case of a contract according to which the user orders many goods with one order, which are delivered separately: the date on which you or a third party, other than the carrier and named by you, took possession of the last goods. To exercise your right of withdrawal, you must notify us of your name, geographic address and, if available, telephone number, fax number and email address, and of your decision to withdraw from the contract by an unequivocal statement, such as a letter sent by post, fax or e-mail. You may use the attached standard opt-out form, but this is not required. You can complete and submit electronically the attached standard opt-out form or other unambiguous opt-out application on our website
www.vivid.bg. If you use this option, we will immediately send you in a durable medium - by e-mail, a message confirming the receipt of the refusal. In order to comply with the withdrawal period, it is sufficient to send your message regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
IV. Action of refusal. If you cancel this contract, we will reimburse you for all payments we have received from you, including the cost of the delivery you have made (excluding any additional costs associated with your chosen delivery method other than the cheapest standard delivery method delivery, offered by us through the ECONT courier service), without undue delay and in any case no later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We will refund the amount owed by cash on delivery. We have the right to delay refunds until we receive the goods back or until you provide us with evidence that you have sent back the goods, whichever is the earlier. We expect you to send or return the goods to us without undue delay, in the form and condition in which they were sent to you by us and in any case no later than 14 (fourteen) days after the day on which you informed us of your refusal of this contract. The deadline is considered to be met if you send the goods back to us before the 14-day period has expired. You must bear the direct costs of returning the goods. You are solely responsible for the reduction in value of the goods or their complete depreciation as a result of testing them and/or using them other than as necessary to establish their nature and characteristics.
7.3. A form for exercising the right to withdraw from the distance contract can be found here.
7.4. The user has the right to a complaint in accordance with the Consumer Protection Act. The supplier offers second-hand goods for sale, therefore, in the exercise and satisfaction of claims for non-conformity of the second-hand goods with the content of the remote contract, the consideration of the fact that they are offered as used is the leading factor. When exercising the right of complaint, the user presents the goods in the form and condition in which they were sent, as well as a receipt and/or invoice /if one has been issued/; protocols, acts or other documents establishing the non-compliance of the goods with the agreed; as well as other documents establishing the claim by basis and amount. If these requirements are not fulfilled, the supplier is not obliged to satisfy the consumer's complaint. When the goods do not comply with the concluded distance sales contract, the Seller is obliged to bring them into compliance with the contract. Bringing the goods into compliance with the sales contract should be carried out within 1 /one/ month, counted from the date of submission of the claim by the consumer.
7.5. In case of cancellation of the contract or a complaint, the user is obliged to make an effort to protect the goods until they are returned to the supplier. The user undertakes to make efforts to return the goods in the form and condition in which they were sent to him by the supplier.
7.6. All transport and any other costs for the return of the Goods are entirely at the expense of the User. Until the return of the Goods by the User to the Supplier, the risk of accidental loss or damage is borne entirely by the User. The User bears the costs of returning the Goods and pays them in accordance with the relevant tariffs, price lists, etc. of the relevant courier or other companies he has chosen to use for the return.
7.7. In case of return or complaint of the goods, the consumer should send the same back to the supplier at the address ul. Sofia 80 , office "Aurora", gr. Silistra, ECONT number for
"LUX-TIM21 LTD".
8. User Privacy Notice.
8.1. The supplier
"LUX-TEAM21" LTD, in its capacity as a personal data controller within the meaning of Regulation (EU) 2016/679 in force from 25.05.2018 and the Personal Data Protection Act, informs users that it will process the latter's personal data in their capacity to data subjects, with the purpose of: identifying users when registering a user profile; generating and completing orders; order confirmation; conclusion of distance sales contracts accordingly; fulfillment of obligations arising under the same contracts; protection of rights of the supplier arising from the same contracts; and fulfillment of obligations arising from a normative act. In addition, the supplier
"LUX-TEAM21" LTD will also process personal data of users - visiting the e-shop, as guests or as registered users, through automated technologies, including cookies, in order to analyze web traffic in the e-shop; provide advertising, according to the interests and preferences of users; ensure the functionality of the e-shop and the security of the connection and service when using the latter by the user; perform other forms of direct marketing.
For more information on: the basis for processing of personal data; the purposes of processing; the types of personal data - subject of processing; the period of storage by the provider; the access of third parties - "recipients" to personal data processed by the provider; the consequence of the user's failure to provide them to the provider; the intention of the provider to transfer them to a country outside the European Union; as well as the rights of data subjects provided for in Regulation (EU) 2016/679 in force from 25.05.2018 and the Data Protection Act, see the Privacy Policy and Cookie Policy, the latter duly published on the website
www.vivid.bg from the supplier
"LUX-TEAM21" LTD, in his capacity as administrator.
9. Other Provisions.
9.1. In the event of disputes arising from or in connection with the conclusion and execution of distance sales contracts through the electronic store of
"LUX-TEAM21" LTD, the parties will make efforts to resolve them in a spirit of understanding and mutual compromises. In the event that the parties fail to reach an agreement, the dispute between them will be finally resolved by the competent Bulgarian court. Alternatively, in the event of any disputes with
"LUX-TEAM21" LTD, the user has the right to turn to the European online dispute resolution platform (the ODR platform) at
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=BG, or before the General Conciliation Commission of the Commission for Consumer Protection with headquarters in Sofia. Address: Sofia 1000, Slaveykov Square No 4A, phone 02/ 9330 517, website
www.kzp.bg; e-mail:
adr.sofia@kzp.bg.
9.2. The provisions of Bulgarian substantive and procedural law shall apply to all matters not settled in these General Terms and Conditions. The provider may change these general terms and conditions at any time by posting the changes made to the address
www.vivid.bg promptly within a period of 7 /seven/ days from their amendment. In addition, with regard to already registered customers/users, the Supplier is obliged to notify them in an appropriate manner of the changes made to the telephone or electronic mail or correspondence address specified by them within the specified 7 /seven/ day period.
§1.These General Terms and Conditions have been approved by
"LUX-TEAM21" LTD on 13.07.2018, and are published at
www.vivid.bg on 13.07.2018