Terms And Conditions

Raimar ltd. – 2840 Kresna – info@raimar-bg.com – 00359 898 461 906

www.raimar.bg

TERMS AND CONDITIONS

OF RAIMAR LTD.

info@raimar-bg.bg

 

I. SUBJECT

Art. 1. The terms and conditions herein described constitute a legal agreement between RAIMAR LTD., Kresna, 90 Vardar Str., PIN 101784563, represented by Boyan Smilenov (“Supplier”), and the clients (“Users”) of the e-commerce shop www.raimar-bg.com and Raimar Ltd. (“Online shop”).

 

II. INFORMATION ABOUT THE SUPPLIER

Art. 2. Information in compliance with the E-commerce Act and the Consumer Protection Act:

1. Company name: Raimar LTD.

2. Registered address: Kresna, 90 Vardar Str.

3. Business address: Kresna, Е-79 main road, next to ЕКО gas station

4. Mailing address: Kresna, 90 Vardar Str., Email: info@raimar-bg.com , tel:

+359 898 461 906

5. Public registers entry: PIN 101784563

 

III. ONLINE SHOP CHARACTERISTICS

Art. 3. ONLINE SHOP is an online shop accessible on the Internet at the following address www.raimarbg.com, by means of which the Users are given the opportunity to conclude contracts about the sale/purchase and/or delivery of goods offered by the ONLINE SHOP, including the following:

1. To make online statements related to the conclusion or the implementation of contracts with the ONLINE SHOP via the interface of the ONLINE SHOP’s web page accessible on the Internet;

2. To conclude contracts about the sale/purchase and/or delivery of goods offered by the ONLINE SHOP;

3. To browse through the goods, their characteristics, prices and terms of delivery;

4. To be informed about the rights envisaged by the legislation mainly via the interface of the ONLINE SHOP’s web page on the Internet;

Art. 4. The Supplier dispatches the goods via courier service and vouches for the rights of the Users envisaged by the law, within the framework of good faith, the conditions and criteria adopted in practice, consumer and trade legislation.

Art. 5. (1) The Users conclude a contract for sale/purchase of the goods offered by the ONLINE SHOP via the Supplier’s interface accessible on their web page on the Internet at

www.raimar-bg.com, via telephone or other means of distance communication.

(2) Under the sale/purchase of goods contract concluded with the Users, the Supplier undertakes to deliver to and to transfer to the User the ownership of the goods selected by them via the interface within the time limits set upon order confirmation.

(3) The Users pay the Supplier a remuneration for the goods delivered under the conditions set out in the ONLINE SHOP and the present terms and condition.

The remuneration amounts to the cost announced by the Supplier on the Internet address of the ONLINE SHOP.

(4) The Supplier delivers the goods ordered by the Users within the time limits set out in the order confirmation and under the conditions laid down by the Supplier on the web page of the ONLINE SHOP and in compliance with the present terms and conditions.

(5) The cost of transportation is defined separately and explicitly from the cost of the goods, depending on the quantity and the address of delivery.

Art. 6. (1) The User and the Supplier agree that all statements between them in relation to the conclusion and implementation of the contract for sale/purchase, can be done by electronic means and via electronic interactions within the meaning of the E-document and E-signature Act and Art. 11 from the E-commerce Act.

(2) It is assumed that the electronic statements made by the Users of the website are made by the persons designated in the information provided by the Users upon completing the purchase.

IV. USING THE ONLINE SHOP

Art. 7. (1) To use the ONLINE SHOP for concluding contracts for sale/purchase of goods, the User is required to enter their names, e-mail, phone number and delivery address.

(2) The delivery address is designated by the User by completing the purchase form by electronic means on the website of the Supplier.

(3) By completing the information and checking the "Yes, I accept the Terms and Conditions" button, the User declares that they are aware of the Terms and Conditions in question, that they agree with their content and that they are required to adhere to them unconditionally.

(4) Upon completing a purchase, the User is obliged to provide accurate and current information.

Art. 8. (1) The electronic address (e-mail) provided, used for statement exchange between the User and the Supplier is „Primary electronic address“ within the meaning of the present Terms and Conditions.

The User has the right to change their Primary electronic address via e-mail to the Supplier.

(2) The Supplier is not liable towards the User for unlawful change of the Primary electronic address.

V. TECHNICAL STEPS FOR CONCLUDING A SALE/PURCHASE CONTRACT

Art. 9.(1) The users use mainly the interface of the Supplier’s web page to conclude contracts for sale/purchase of the goods offered by the Supplier in the ONLINE SHOP.

(2) The contract is concluded in Bulgarian language.

(3) The contract between the Supplier and the User constitutes the present Terms and Conditions, available at www.raimar-bg.com

(4) The User is party to the contract with the Supplier, in accordance with the information provided when the User makes the purchase.

(5) The Supplier incorporates in the interface of their Internet page technical means for detection and correction of errors during information input, before the statement for the conclusion of the contract is made.

.

(6) This contract is considered concluded from the moment of dispatching the order from the Supplier to the User. The sale/purchase contract of goods is considered concluded from the moment of ordering the goods by the User via the Supplier’s interface.

(7) The Supplier explicitly notifies the User about the conclusion of this contract and for the conclusion of the contract for sale/purchase of goods in an appropriate way via electronic means.

(8) The statement for the conclusion of the contract and the confirmation of its receipt are considered received, when their addressees are provided with the opportunity to access them.

(9) The Supplier delivers the goods via courier service to the address indicated by the User and is not liable in case the information provided by the User is false or misleading.

Art. 10. The Users conclude the contract for sale/purchase with the Supplier in accordance with the following procedure:

(1) Selecting one or more goods offered in the ONLINE SHOP and adding them to the list with goods for purchase;

(2) Providing delivery information;

(3) Selecting a preferred payment option.

VI. PARTICULAR LIABILITIES OF THE SUPPLIER. CONSUMER PROTECTION

Art. 11. The regulations of the current section VI of these Terms and Conditions are applicable for users who, according to the details designated in the sale/purchase contract, could be deemed consumers within the meaning of the Consumer Protection Act, the E-commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council on May 20^th, 1997 on the protection of consumers in respect of distance contracts.

Art. 12. (1) The main characteristics of the goods offered by the Supplier are indicated in the profile of the individual goods on the website of the ONLINE SHOP.

(2) The price of goods with all taxes included is determined by the Supplier in the profile of the individual goods on the website of the ONLINE SHOP.

(3) The cost of postal and transport expenses not included in the price of the goods is determined by the Supplier and is communicated to the Users via electronic means at a later stage or via telephone.

(4) The means for payment, delivery and implementation of the contract are determined in the present Terms and Conditions, as well as the information provided to the User on the Supplier’s website.

(5) The information provided to the Users under this article е up-to-date at the time of its visualization on the website of the ONLINE SHOP before the conclusion of the contract for sale/purchase.

(6) The Supplier specifies the total cost of the order for all the goods comprising it (excluding the transportation cost) before concluding the contract.

Art. 13. (1) The User agrees that the Supplier has the right to accept advance payment for the contracts for sale/purchase of goods and their delivery concluded with the User.

(2) The User shall choose independently to make the payment for the delivery of the goods to the Supplier before or at the time of their delivery.

Art. 14. (1) The User has the right, without indemnification or penalty and without designating a reason, to withdraw from the concluded contract with 7 working days as of the date of receiving the goods.

(2) The right for withdrawal under paragraph 1 is not applicable in the following cases: - for the supply of goods and services for which the price depends on the fluctuations in the financial market which cannot be controlled by the Supplier; - for the supply of goods manufactured following specific requirements given by the User or that are custom-made following an individual order; - for the supply of goods which, by virtue of their nature, are consumable (already installed) or cannot be returned or whose quality characteristics are in danger of deterioration;

3) When the Supplier has failed to fulfil their obligation to provide information as set out in Art. 54 in the Consumer Protection Act, the User has the right to withdraw from the contract within three months from the date of receiving the goods. When the information under this paragraph has been given within the deadline period for withdrawal, the said deadline comes into force as of the date of the information being given.

(4) In case the User exercises their right of withdrawal under Paragraph 1, the Supplier is obliged to reimburse the full amount of the sums paid not later than 30 calendar days from the date on which the User has exercised their right of withdrawal from the concluded contract. From the sum pursuant to the contract and paid by the User, the transportation fees for returning the goods are retained, unless the User has returned the goods at their own expense and having notified the Supplier.

(5) In case the User exercises their right of withdrawal after the moment of dispatch by the Supplier, the User is obliged to secure safe storage of the goods received from the Supplier within the timeframe of the deadline under Paragraph 1 and to pay the courier service the transportations costs incurred in both directions.

Art. 15. (1) The delivery period or its starting point is determined in the order confirmation from the Supplier of the ONLINE SHOP.

(2) In case the User and the Supplier have not determined a delivery period, the said period is 30 working days as of the date of the order confirmation from the Supplier of the ONLINE SHOP.

(3) If the Supplier fails to fulfil the contract due to the fact that they do not have in their possession the goods ordered, they are obliged to notify the User and to reimburse the sums paid within 30 working days as of the date on which the Supplier was expected to fulfil their obligation under the contract.

(4) In the cases under Paragraph 3, the Supplier has the right to deliver to the User goods of the same quality and price. The Supplier notifies the User about the change in the implementation of the contract via electronic means.

(5) In case the right of withdrawal is exercised under Paragraph 4, the costs incurred for the return of the goods are paid by the Supplier.

Art. 16. (1) The Supplier hands over the goods to the User via courier service after certifying the implementation of the requirements and the presence of the circumstances under Art. 61 in the Consumer Protection Act.

(2) The User and the Supplier certify the circumstances under Paragraph 1 in writing in the moment of delivery by means of a handwritten signature, unless otherwise agreed.

(3) The User and the Supplier agree that the requirements under Paragraph 1 and Art. 61 in the Consumer Protection Act will be fulfilled, if the certification is carried out by a person who, according to the circumstances, it can be inferred, will hand over the information to the User – party to the contract.

Art. 17. The Supplier delivers and hands over the goods, could be via courier service, to the User within the designated time period.

Art. 18. The User is required to inspect the goods in the moment of delivery and its handing over from the Supplier, and if it does not satisfy the requirements, to immediately notify the Supplier about that.

Art. 19. When providing the assembly manuals for the garden goods in the ONLINE SHOP, no civil and criminal liability shall attach to Raimar in case of accidents, that could result from partial noncompliance with the instructions. Raimar rejects the entire responsibility resulting from misuse of the goods on the part of the User and/or repair works with non-original and non-specific spare parts.

VIII. PERSONAL DATA PROTECTION

Art. 19. (1) The Supplier undertakes measures for the protection of the User’s personal data in compliance with the laws for personal data protection in force, more specifically The General Data Protection Regulation of the EU (GDPR).

(2) The Supplier will use the data provided by the Users in the processes of offering, preparation and delivery of the order.

(3) The Supplier accepts and announces on their website Personal Data Protection Policy, available at www.raimar-bg.com

(4) Using the website, as well as commissioning orders to Raimar Ltd. on-the-spot in the town of Kresna, via email, Facebook, www.raimar-bg.com, Viber or phone shall be deemed an expression of consent with the Personal Data Protection Policy of Raimar Ltd.

IX. AMENDMENTS AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 21. (1) The present Terms and Conditions can be amended by the Supplier, who shall notify, in an appropriate way, all Users who have pending orders in the ONLINE SHOP.

(2) The Supplier and the User agree that every addition to and amendment of these Terms and Conditions shall have effect in respect of the User after they have been explicitly notified by the Supplier, and if the User does not state within the 14-day time period provided that they reject them.

(3) The User agrees that all statements of the Supplier in relation to the amendment of these Terms and Conditions will be sent to the email address provided by the User. The User agrees that the emails sent following the order of this Article need not be signed with an electronic signature in order to be effective in this respect.

Art. 22. The Supplier publishes these Terms and Conditions on the following address www.raimar-bg.com, together with all additions to and amendments of these Terms and Conditions.

X. TERMINATION

Art. 23. The present Terms and Conditions and the contract between the User and the Supplier are terminated in the following cases: by termination and liquidation or bankruptcy of one of the parties to the contract; by mutual consent of the parties in writing; by either party with notice from each one of the parties in case the other party fails to carry out their obligations; when it is objectively impossible for either party to the contract to carry out their obligations; when there is seizure or sealing of the equipment by state authorities; when exercising the right of withdrawal in compliance with Art. 55, Par. 1 in the Consumer Protection Act.

XII. OTHER CONDITIONS

Art. 24. The possible invalidity of any of the regulations in these Terms and Conditions shall not result in invalidity if the entire contract.

Art. 25. For the unsettled in this contract issues, related to the implementation and interpretation of this contract, the legislation of the Republic of Bulgaria is applicable.

Art. 26. All disputes between the parties to this contract will be settled by the competent court or the Consumer Protection Commission.

Art. 27. The present Terms and Conditions are effective for all Users of www.raimar-bg.com and clients of Raimar Ltd. as of 30 January 2018.

Date of latest update: 29 May 2018

PERSONAL DATA PROTECTION POLICY

Art. 28. In order to provide products and services from Raimar Ltd., Raimar Ltd./

The Supplier with business address: Kresna, 90 Vardar Str., PIN: 101784563 processes data of physical persons (Users), in compliance with the present Policy. While processing personal data, the Supplier shall comply with all applicable provisions for personal data protection, including, but not only, Regulation (EU) 2016/679 (Regulation).

According to the Regulation, personal data is any information, that relates to the Users and by means of which they can be identified. Processing of personal data (Processing) shall mean any operation or set of operations which is performed upon personal data using automated or other means.

(1) Groups of persons for whom data is processed

In relation to the products and services offered, Raimar Ltd. shall process information referring to the following Users:

(a) physical persons, users of www.raimar-bg.com

(b) physical persons making enquiries (incl. via phone call), requests, alerts, complaints or other correspondence to the Supplier;

(c) physical persons, information about whom is included in enquiries (incl. via phone call), requests, alerts, complaints or other correspondence to the Supplier.

(2) Data processed in relation to the provision of products and services

2.1. Information provided by the Users

User shall independently decide whether and how to order the products and services of the Supplier, provided via www.raimar-bg.com or on-the-spot in the production facility of Raimar Ltd. in the town of Kresna. This data is of the kind without which it shall be impossible to provide the respectful products or services, or parts of these.

Raimar Ltd. shall be able to process other data relating to the Users in the cases in which the Users provide such data on a voluntary basis in the communication with the Supplier.

(3) Purposes for personal data processing

The Supplier shall collect, use and process the data described above for the purposes provisioned in the present Policy and in the Terms and Conditions for purchasing the products and using the services, which could be the following:

- Purposes necessary for the conclusion and implementation of the contract for the provision of products and services between the Users and Supplier;

- Purposes for which the Users give their express consent;

- Purposes necessary for the implementation of the legal obligations of Raimar Ltd.

(4) DURATION OF DARA RETENTION

For the retention of data, the Supplier shall apply the general principle of data retention in minimal volume and for a time period no longer than the necessary for the provision of the products and services, securing their safety and reliability and the legal requirements.

Type of data: Registration data such as name, surname, phone number, email, delivery address and information about the completion of the order or the enquiry and the acceptance of the Terms and Conditions and the Personal Data Protection Policy (date, time, IP address).

Period of retention: Up to 1 /one/ year after the date of the last communication (order or enquiry) between the Supplier and the User.

In case of a legal dispute or proceedings, which necessitates the retention of data and/or a request of a competent authority, it shall be possible to retain data for a period longer than the one mentioned above, until the dispute or proceedings are resolved  with all bodies involved. The aforesaid time limits could change in case a different requirement for data retention in compliance with the legislation in force arises.

(5) DATA PROVISION

The Supplier shall not provide personal data of third parties in any way other than the one described in the present Policy, Terms and Conditions and the cases provisioned by the law.

5.1 Service providers and subcontractors: The Supplier shall use subcontractors and service providers such as courier service and accountancy firms, etc. Within the scope of work with subcontractors and service providers, the Supplier shall require that they strictly abide by the instructions, in compliance with the present Policy and Terms and Conditions.

5.2. Third parties

The personal data of Users could be given to third parties only in the following cases: when this is provisioned by the law; if this is requested in an appropriate manner by a competent authority or judicial authority; when the Supplier is given express consent; when this is necessitated for the protection of rights and legitimate interests of Raimar Ltd. and/or other clients.

5.3. Change in ownership

In case of merger, acquisition or sale of assets, concerning the processing of personal data, the Users shall be notified in advance.

(6) Rights with regard to personal data

The Regulation provides for the following rights:

6.1. Right to information.

The present Policy seeks to provide Users with detailed information about the processing of their personal data in relation to the products and services offered.

6.2. Right to access.

The User shall have the right to obtain confirmation whether their personal data is being processed, access to these data and information about their processing and their rights in this respect. Such access could be made at any time, via all communication channels.

6.3. Right to correction. The User shall have the right to correct their personal data, in case these are incomplete or inaccurate.

6.4 Right to deletion. The User shall have the right to request deletion of their data, unless in the cases in which there are substantial grounds and/or legal obligation for their processing.

6.5 Right to limitation in relation to data processing. The Regulation provides for the opportunity to limit the personal data of the User, if there are grounds for that, envisaged thereby.

6.6 The User shall have the right to objection and complaint with a supervisory authority.

(7) The Supplier shall have the right to store data in the end communication device of the User, unless the latter explicitly expresses their disagreement.

The User’s disagreement could be made at any time.

(8) The User or the Consumer shall agree that the Supplier has the right to send at any time electronic messages to the User, including a newsletter or offers for the purchase of goods.

(9) By accepting the present Terms and Conditions and Personal Data Protection Policy, the User shall make an express consent within the meaning of Art. 6, Par. 1 and Par. 4 in the E-commerce Act to receive commercial communications under Par. 6 of the present Article.

Date of latest update: 21 February 2023