I Terms of use of the website https://ballistic-sport.com/
These general terms and conditions govern the relationship between "BALLISTIC" Ltd., hereinafter referred to as "Merchant", on the one hand, and the Users of websites and services located on the website https://ballistic-sport.com/, hereinafter referred to as "Users", on the other.
"BALLISTIC" Ltd. is a company registered under the Commercial Code of the Republic of Bulgaria with UIC 175019204, address 5 Fritjof Nansen Str., email address sales@ballistic-sport.com, phone 0878 616 135.
Please read the published Terms and Conditions in full before using the information and commercial services offered on the Site (hereinafter referred to as the Services).
This document contains information about the activities of "BALLISTIC" Ltd. and the general terms and conditions for using the services provided by "BALLISTIC" Ltd., regulating the relations between the company and each user.
Confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the Consumer and the Merchant.
By accepting the General Terms and Conditions, the User agrees to the processing of his personal data on the basis of the contract concluded between him and the Merchant.
Definitions
For the purposes of these general terms and conditions, the following terms and conditions shall have the following meanings:
Website - https://ballistic-sport.com/ and all its subpages.
Consumer - any natural person who acquires goods or uses services that are not intended for carrying out commercial or professional activities, and any natural person who, as a party to a contract under this law, acts outside the scope of his commercial or professional activities.
General Terms and Conditions - these General Terms and Conditions, which include terms of use, cookies, registration and delivery rules, voluntary dispute resolution, forms for contract withdrawal and replacement and any other legally significant information found on the Site.
Personal data - information about an individual that reveals their physical, psychological, mental, family, economic, cultural or social identity.
Goods - a movable tangible property, with the exception of property sold in execution or through other measures by bodies authorized by law, as well as property abandoned or confiscated in favor of the state, announced for sale by state bodies. Goods are also water, gas and electricity, when offered for sale, packaged in a limited volume or in a certain quantity.
Sales contract - a contract under which the trader transfers or undertakes to transfer ownership of goods to the consumer, and the consumer pays or undertakes to pay the price for them, including contracts having as their subject both goods and services.
Service - any material or intellectual activity that is performed independently, is intended for another person and does not have as its main object the transfer of possession of a thing.
Service contract - a contract, other than a sales contract, under which the trader provides or undertakes to provide a service to the consumer, and the consumer pays or undertakes to pay the price for it.
Alternative dispute resolution procedure for consumer disputes - a procedure for out-of-court resolution of consumer disputes, meeting the requirements of this law and carried out by an alternative dispute resolution body for consumer disputes.
Services provided
1. On the Site, Users have the opportunity to conclude contracts for service, purchase and sale and delivery of the goods and services offered by the Merchant.
Order
2. Users use the website interface to enter into contracts with the Merchant for the goods and services offered.
2.1. The contract for the purchase and sale of goods or services is considered concluded from the moment of confirmation of the order by the Merchant.
2.2. In the event of unavailability of a given good or inability to perform a given service, the Merchant reserves the right to refuse the order.
2.3. After selecting one or more goods or services offered on the Merchant's website, the User must add them to their cart.
2.4. The User is required to provide data for the delivery and to choose the method and time of payment of the price, then to confirm the order through the site interface.
2.5. When placing an order, the User receives confirmation by email that his order has been accepted.
3. The Merchant has the right to refuse to conclude a contract with an incorrect User.
3.1. The Merchant has the right to treat a User as incorrect in cases where:
• there is a failure by the User to comply with the General Terms and Conditions;
• incorrect, arrogant or rude attitude towards the Merchant's representatives has been established;
• systematic abuses by the Consumer towards the Merchant have been identified.
Prices
4. The prices of the goods or services offered are those indicated on the Merchant's website at the time of placing an order, except in cases of obvious technical error.
4.1. The prices of goods and services include VAT, in cases where its charging is provided for.
5. The Merchant reserves the right to change the prices of the goods and services offered on the site at any time and without prior notice, and such changes will not affect orders already placed.
6. The Merchant may provide discounts for the goods and services offered on the site, in accordance with Bulgarian legislation and rules determined by the Merchant. The rules applicable to such discounts are available at the place where the discount is displayed. Discounts may be provided in various forms (e.g. promotions, promo codes, loyalty discounts, provided individually, randomly or as a result of participation in a competition or customer survey).
6.1. Different types of discounts cannot be combined when ordering and purchasing the same product/service, unless explicitly stated in the terms of the campaign.
Payment
7. When the Consumer returns a good or service with the right to a refund of the amount paid for any reason, the price subject to refund is reduced by the value of the discount received, applied to the good or service, and only the amount actually paid is subject to refund.
8. The User may pay for the ordered goods/services using one of the options listed on the Website at his/her choice. The Website offers the following payment methods:
• cash on delivery;
• with a credit or debit card;
• through a consumer loan from TBI Bank ("TBI Bank" EAD).
9. If the User chooses the option of delivery by courier and payment by cash on delivery, he must pay the price of the ordered items together with the courier delivery price upon receipt of the goods.
10. If the User chooses a payment method involving a third party payment service provider, the User may be bound by the terms and conditions and/or fees of such third party, pursuant to the signed contract with the third party.
11. The Merchant is not liable if a payment method involving a third party payment service provider is unavailable or otherwise malfunctions for reasons beyond the Merchant's control.
12. All prices on the Merchant's website are in Bulgarian leva, including VAT.
Cancellation of the contract and replacement
13. The Consumer has the right to withdraw from the contract without giving any reason, without owing compensation or penalty within 14 days from the date of acceptance of the goods by the Consumer or a third party, and in the case of a service contract - from the conclusion of the service contract.
14. In order to exercise his right under this clause, the Consumer must unambiguously notify the Trader of his decision to withdraw from the contract, individualizing the goods/services he wishes to return, by providing all data on the order and delivery, including, but not limited to: content and value of the order, data of the person who placed the order, and date of delivery.
15. The merchant publishes on its website an electronic form for exercising the right of return and exchange and sends a Request for Return and Exchange on paper with each shipment.
16. To exercise the right to withdraw from the contract, the Trader provides the consumer with the opportunity to send electronically or on paper his unequivocal declaration of intent to withdraw from the Contract by providing the order data - order number, full name of the item, product code and purchase price, as well as instructions for returning or exchanging. In these cases, the Trader immediately sends the consumer confirmation of receipt of his withdrawal by e-mail.
17. The Consumer is obliged to return the goods at his own expense together with the receipt, the invoice, if any, and the Application for Return and Exchange, by handing them over to the Trader or to a person authorized by the latter, within 14 days from the date on which the Consumer exercised his right to withdraw from the contract.
18. When returning the goods, they must be in their original packaging, without traces of use or damage to the commercial appearance.
19. The trader has the right to postpone the refund of payments until the goods have been received back or until proof has been provided that the goods have been sent back, depending on which of the two events occurred earlier.
20. In the event that the Consumer fails to fulfill his obligation to return the goods without notifying the Trader of the delay and without providing a valid reason for the same, he is deemed to have withdrawn his statement to exercise withdrawal from the contract.
21. When, in connection with the performance of the contract, the Trader has incurred expenses and the Consumer withdraws from the contract, the Trader has the right to retain the relevant amount for the expenses incurred or to demand their payment.
22. The consumer does not have the right to withdraw from the contract if the subject of the contract is:
• for the provision of services where the service has been fully provided and its performance has begun with the explicit prior consent of the consumer and confirmation on his part that he knows that he will lose his right of withdrawal once the contract has been fully performed by the trader.
23. The Merchant shall refund to the Consumer the price paid by him for the returned goods within 14 calendar days after the physical receipt of the goods by bank transfer.
Warranties and complaints
24. Right to claim
24.1. The warranty period of the products offered by BALLISTIC SPORTS goods is 30 days from the date of purchase.
The commercial guarantee is valid for the territory of the Republic of Bulgaria. The term for settling the claim is 30 days from the date of filing the claim. The claim is settled by the manufacturer through the seller in accordance with Art. 112-115 and Art. 119 of the Consumer Protection Act. In case the defect cannot be removed, the goods are replaced with a new one.
24.2. The claim may be filed if:
• Manufacturing defects;
• Non-conformity with the ordered size, model, color (if the non-conformity is due to an error on the part of the merchant);
24.3. The consumer has the right to file a complaint regardless of the commercial guarantee provided.
25. Conditions for returning goods
25.1. The consumer has the right to return purchased goods without giving a reason within 14 days of receiving them, in accordance with the Consumer Protection Act and Directive 2011/83/EU.
25.2. To exercise this right, the customer must notify the trader in writing via email or return form.
25.3. The goods must be returned in unused condition, with labels intact, in its original packaging and without signs of wear, accompanied by the original purchase documents issued by BALLISTIC SPORT.
25.4. No materials, tape, shipping labels, etc. that would violate its integrity and commercial appearance should be attached to the original packaging of the product - box or envelope.
25.5. The costs of returning the goods are at the expense of the consumer, unless the return is due to the trader's error (for example, the wrong product was sent).
25.6. The amount for the returned goods will be refunded to the consumer within 14 working days from the date on which he exercised his right to return the goods. The starting date is considered to be the date on which the returned goods were received by the trader. For this purpose, the consumer is obliged to provide personal bank account details to the trader.
26. Warranty
26.1. The clothing, shoes and accessories offered in the online store are guaranteed for quality, according to generally accepted standards.
26.2. The warranty covers manufacturing defects or hidden defects of the products that are other than wear and tear due to normal use.
26.3. The warranty does not cover:
• Damage caused by improper use, maintenance or storage;
• Damage caused by external influences such as damage to the material as a result of impact or contact with a sharp or hard object
• Wear and tear resulting from normal use;
• Defects found after the statutory warranty period has expired.
26.4. In the event of a manufacturing defect, the consumer has the right to repair, replace the product or refund the amount paid, depending on the circumstances. The consumer cannot claim a refund of the amount paid or a reduction in the price of the product when BALLISTIC SPORT agrees to replace the product with a new one or to repair the product within one month of submitting the complaint.
BALLISTIC SPORT is responsible for any lack of conformity of the consumer goods with the sales contract that exists at the time of purchase of the product.
BALLISTIC SPORT is obliged to satisfy a request for termination of the contract and refund the amount paid when, after satisfying three complaints by repairing the same product within two years, there is a further occurrence of non-compliance of the product with the sales contract.
A claim for termination of the contract is not allowed if the non-conformity of the goods with the contract is insignificant.
BALLISTIC SPORT reserves the right to refuse to satisfy any claims that, after processing, are found not to fall within the scope of the legal guarantee. The relevant claims will be returned at the customer's expense with a report of refusal with an opinion.
27. How to file a complaint
27.1. Complaints are submitted in writing via email or via a special form on the website, indicating:
• User's name and contact details;
• Date and number of purchase document;
• Order number;
• Description of the defect or non-conformity;
• Attached photos of the defect;
27.2. After receiving the complaint, the trader is obliged to examine it within 30 days and notify the consumer of its decision. In case of an unfounded complaint, the product is returned to the consumer at his expense.
· IT IS NOT ACCEPTED AS A BASIC COMPLAINT FOR:
·Defects caused by intense and natural wear and tear of the product.
· Friction of fabrics, which may cause fiber fraying, but this is not considered a manufacturing defect.
· Mechanical damage (abrasions, external interference/contact with hard objects, flooring, etc.).
·Incorrectly selected shoe size or model (the size charts on the site are indicative and are provided by the manufacturer).
·Dry, cracked and faded (in suede shoes) leather due to lack or improper shoe care.
·Impaired membrane function due to improper maintenance.
· Water leakage in items without a waterproof membrane.
· After self-made repairs.
· Inappropriate use or misuse of a product.
· Failure to follow washing/cleaning instructions, mechanical washing of shoes.
· Improper washing, fading due to detergents and failure to follow the drying procedure specified for the respective product, improper washing and drying of items with natural down, etc.
· Wrong ironing temperature.
· External factors such as deformations and peeling that occur when drying shoes next to stoves, radiators and in dryers.
· Using 2 insoles, which reduces the volume of the shoe and causes the toes to rub against the membrane and lead to its abrasion.
If more than one defect occurs, the delay in reporting a complaint may be considered a non-manufacturing defect.
Termination and cancellation of the contract
28. The merchant has the right, at its own discretion, without prior notice, to unilaterally terminate the contract if it establishes that the services provided are used in violation of these general terms and conditions, the legislation of the Republic of Bulgaria and generally accepted moral standards.
29. Except in the cases provided for in these General Terms and Conditions, the contract between the parties shall also be terminated upon cessation of the Merchant's activities or termination of the maintenance of its website.
30. Outside the cases specified above, either party may terminate this contract by giving one week's notice to the other party in the event of non-fulfillment of the obligations under the contract.
31. The written form of the contract is deemed to be complied with by sending an e-mail message, pressing an electronic button on a page with content that is filled in or selected by the User, or marking a field (check box) on the website, etc. similar, as long as the statement is technically recorded in a way that allows it to be reproduced.
Rescue clause
32. The Parties declare that, in the event that any of the clauses under these General Terms and Conditions prove to be invalid, this shall not result in the invalidity of the entire contract or other parts thereof. The invalid clause shall be replaced by the mandatory provisions of the law or established practice.
Amendment of the general terms and conditions
33. The Merchant undertakes to notify the Users of any changes to these general terms and conditions within 7 days of the occurrence of this circumstance at the email address specified by the User.
34. When the Consumer does not agree with the amendments to the general terms and conditions, he has the right to withdraw from the contract without giving a reason and without being liable for compensation or penalty. In order to exercise this right, the Consumer must notify the Trader within one month of receiving the notification under the previous article.
35. In case the User does not exercise his right to withdraw from the contract in accordance with the procedure stipulated in these general terms and conditions, the amendment shall be deemed to have been accepted by the User without objection.
Applicable law
36. The provisions of the current legislation of the Republic of Bulgaria shall apply to all issues not regulated by these General Terms and Conditions.
II Terms of delivery of goods
Delivery of the ordered goods is carried out by the following methods:
*through a third-party courier service;
*the customer himself organizes the collection of the goods according to his wishes from the specified physical address of the Merchant.
37. Delivery is made to the consumer's address on the territory of the Republic of Bulgaria, unless otherwise specified on the site.
Delivery costs are covered by the Consumer except in cases of delivery of goods worth over 200 BGN, when delivery costs are covered by the Merchant.
38. Before sending the ordered goods, the Merchant has the right to contact the User at the telephone number provided by him in order to clarify details about the order and/or delivery.
39. The Merchant is not liable for failure to fulfill an order in cases where the User has provided false, incomplete and/or inaccurate personal data, including when he has provided an incomplete, inaccurate or fictitious address or telephone number.
40. Delivery is made within the terms according to the current courier conditions. In exceptional circumstances, the Merchant reserves the right to extend the delivery period, informing the Consumer accordingly in a timely manner.
41. Delivery is carried out by courier companies with the right to test and replace for each order. In exceptional circumstances, the Merchant reserves the right to extend the delivery period, informing the Consumer in a timely manner.
42. The merchant processes orders within 3 business days of placing the order. Delivery is usually made within the usual time frame in practice, according to the chosen delivery method.
During the campaigns of "BALLISTIC" Ltd., due to high traffic, online orders have an extended delivery time. The average delivery time during this period is up to 7 working days.
43. Ordered goods are delivered against signature, with larger shipments using a courier service being delivered to the entrance of the building.
44. The Consumer is obliged to inspect the goods at the time of delivery and to notify immediately of any discrepancies, shortages and damages. If the Consumer fails to do so, it is assumed that the delivery has been accepted without objections.
45. When making international deliveries, the rules for delivery and receipt of shipments of the relevant national postal service, as well as the relevant national legislation of the country in which the recipient of the goods is located, apply.
46. All import fees upon importation of the goods are at the expense of the User. The User cannot request a refund of the price if he has refused to pay the import fees or receive the shipment.
47. The Merchant reserves the right to change the available delivery and payment methods and/or the terms and conditions thereof at any time by publishing the available delivery and payment methods on the website without further notice.
Others
48. The information published on the site about sizes and correspondences should be interpreted as indicative. "BALLISTIC" Ltd. allows for discrepancies between the announced and actual sizes, for which it is not responsible.
49. "BALLISTIC" Ltd. is not responsible for any inaccuracies in the information published on the site. Price adjustments are possible due to technical irregularities, as well as changes in the description or photos. The following are not considered discrepancies: a difference in colors due to natural differences in color reproduction by different models of monitors and screens.
III Registration and identification
50. The Merchant identifies the Users of the Site by storing log files on the Site's server.
51. The Merchant has the right to collect and use information about Users on the basis of and for the purposes of performing the contract concluded with the User under general terms and conditions. The information through which the person can be identified may include personal data specified in the general terms and conditions, as well as any other information that the person provides voluntarily during registration. The information also includes any other information that the User enters, uses or provides when using the services.
52. Only persons over the age of 16 may register on the site. When registering, the person marks a check box, declaring that he or she is over the age of 16.
53. The Merchant shall exercise due care and be responsible for protecting the information about the User that has become known to him/her upon registration, except in cases of force majeure, accidental event or malicious actions of third parties.
54. In the registration form filled out by the User upon registration, the Merchant indicates the mandatory or voluntary nature of providing the data and the consequences of refusing to provide it.
55. The Merchant may disclose personal data to third parties only in the cases provided for by law and under the circumstances provided for by law or after explicit consent from the Users.
56. The User may register by filling out the relevant electronic registration form, available in real time (on-line) on the Internet on the Merchant's website.
57. By pressing the virtual button with the text "Registration" or other similar text, having the force of written confirmation of the General Terms and Conditions, the User makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, by which he declares that he is familiar with the General Terms and Conditions, accepts them and undertakes to comply with them. The Merchant may store in log files on its server the IP address of the User, as well as any other information necessary for his identification and reproduction of his electronic statement of acceptance of the General Terms and Conditions in the event of a legal dispute. The text of the General Terms and Conditions is available on the Internet on the Merchant's website in a manner that allows its storage and reproduction.
58. When filling out the registration application, the User is obliged to provide complete and correct data regarding the identity (for individuals), legal status (for legal entities) and other data required by the Merchant's electronic form, as well as to update them within 7 (seven) days of their change. The User declares that he agrees to provide the personal data so required, thereby guaranteeing that the data he provides during the registration process are true, complete and accurate and will update them in a timely manner if the latter changes. In case of providing incorrect data, the Merchant has the right to terminate or suspend immediately and without notice the provision of services, as well as the maintenance of the User's registration.
59. Upon registration, the User receives a unique username, which may be the email address specified by the User or user data from social networks or third-party identification services, and a password for access to the services available through the website.
60. The user can manage his user profile on the site.
61. The username with which the User registers does not give him any other rights, except those expressly specified in these terms and conditions.
62. The registrant, in his capacity as a representative of a legal entity, is obliged to enter his full name and address, or the name of the legal entity he represents.
63. The User is obliged to take all reasonable care and take the necessary measures to protect his password, as well as not to disclose his password to third parties and to immediately notify the Merchant in the event of unauthorized access, as well as in the event of probability and suspicion of such. He bears the responsibility and risk for the protection of his password, as well as for all actions performed by him or a third party using his password.
IV Information about authorities supervising the activity
64. The authorities regulating the activities of the Merchant are the Consumer Protection Commission /CPC/ and the Personal Data Protection Commission (CPDP), with the following coordinates:
For the CPC:
Website: https://kzp.bg/kontakti
tel: 0700 111 22
email: info@kzp.bg
address: Sofia, 1 Vrabcha Str., floors 3, 4 and 5
For CPDP:
Website: https://www.cpdp.bg/
tel: 02/91-53-518
email: kzld@cpdp.bg
address: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.
65. Consumers can use the European Online Dispute Resolution (ODR) platform, available at / http://ec.europa.eu/odr / - a single access portal that allows consumers and traders in the EU to settle disputes that arise between them.
66. Alternative dispute resolution (ADR) between consumers and traders is an out-of-court conciliation proceeding on a voluntary basis.
67. The general conciliation commissions assist in reaching an agreement between consumers and traders in disputes over contracts for the sale of goods and the provision of services.
68. The General Conciliation Commissions are designated on a regional basis, and the General Conciliation Commission with its headquarters in Sofia and its area of operation is the territory of Sofia District.
69. The consolidated list of recognized ADR entities of the Member States of the European Union can be found at:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show
These General Terms of Use were last updated on 15.01.2024