I Terms of use of the website https://ballistic-sport.com/
These general terms and conditions govern the relationship between BALLISTIC OOD, hereinafter referred to as the " 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 Fridtjof Nansen Str. , email address sales@ballistic-sport.com, phone 0 878 616 135
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 OOD and the general terms and conditions for using the services provided by BALLISTIC OOD, regulating the relations between us and each of our users.
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 his list of goods or services for purchase.
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 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 law 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, 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.
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 Site offers payment via the following methods:
- cash on delivery
- with a credit or debit card
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.
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 BGN including VAT.
Cancellation of the contract and replacement
1 3. 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, data of the person who accepted the delivery, and date of delivery.
15. The trader publishes on its website an electronic form for exercising the right of return and exchange
16. To exercise the right to withdraw from the contract, the Trader provides the consumer with the opportunity to send electronically 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. 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, necessarily together with the receipt and invoice, if any, 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 shall be 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 consumer's express prior consent 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 3 working days after physical receipt of the goods by cash on delivery, through the services offered by a courier company.
2 3 .1. In case the consumer has made a payment under the contract with a bank card and has exercised his right to withdraw from the contract, the refund shall be made by ordering a reverse transaction on the card with which the payment was made within 7 working days.
Warranties and complaints
24. The consumer has the right to complain about any non-compliance of the goods or service with what was agreed/ordered, when after delivery, non-compliances with the sales contract are discovered.
25. Any lack of conformity of the consumer goods with the sales contract that becomes apparent within 6 months after the delivery of the goods shall be deemed to have existed at the time of their delivery, unless it is proven that the lack of conformity is due to the nature of the goods or the nature of the lack of conformity.
26. The consumer may not dispute the conformity of the consumer good with the contract for its sale when:
- when concluding the contract, he knew or could not have been unaware of the non-conformity;
- the discrepancy is due to materials provided by the user.
27. The consumer has the right to file a complaint about the goods or service, regardless of whether the manufacturer or trader has provided a commercial guarantee for the goods or service.
28. When the complaint is satisfied by replacing the goods with another one that corresponds to the agreement, the Trader will retain the original warranty conditions for the consumer.
29. When submitting a complaint, the consumer may claim a refund of the amount paid, replacement of the goods with another one that corresponds to the agreed upon or a discount from the price.
30. The complaint is submitted in writing to the official email of the Merchant sales@ballistic-sport.com. The Merchant submits the Complaints Form by email for completion by the consumer after receiving a written notification of the complaint.
31. When submitting a complaint, the consumer indicates the subject of the complaint, his preferred method of satisfying the complaint, respectively the amount of the claimed amount, and the address, telephone number and email address for contact.
32. When submitting a complaint, the consumer must also attach the documents on which the claim is based, namely:
- receipt or invoice;
- protocols, acts or other documents establishing the non-compliance of the goods or services with the agreement;
- other documents establishing the claim by reason and amount.
33. A complaint regarding consumer goods may be filed within two years of the delivery of the goods, but no later than two months from the discovery of the non-conformity with the agreement. A complaint regarding services may be filed within 14 days from the discovery of the non-conformity of the service with the agreement.
34. The period shall cease to run during the time necessary to reach an agreement between the seller and the consumer to resolve the dispute.
35. If the Trader has provided a commercial guarantee for the goods and the term of the guarantee is longer than the terms for submitting the claim under paragraph 1, the claim may be submitted until the expiry of the term of the commercial guarantee.
36. Filing a complaint is not an obstacle to filing a claim.
37. The trader maintains a register of submitted complaints. The consumer is sent a document to the email address provided by the consumer, which indicates the complaint number from the register and the type of goods.
38. When the Trader satisfies the complaint, he issues a certificate to that effect, which is drawn up in two copies, and must provide one copy to the Consumer.
39. In the event of a justified complaint, the trader shall bring the goods into compliance with the sales contract within one month from the date of the complaint by the Consumer.
3 9 .1. If the goods have not been repaired after the expiry of the period under the previous paragraph, the Consumer has the right to terminate the contract and to be reimbursed the amount paid or to request a reduction in the price of the consumer goods in accordance with Art. 114 of the Consumer Protection Act.
3 9 .2. The Consumer shall not be liable for any costs of shipping the consumer goods or for materials and labor related to their repair, and shall not suffer any significant inconvenience.
40. In case of non-compliance of the consumer goods with the sales contract and when the Consumer is not satisfied with the resolution of the complaint, he has the right to choose between one of the following options:- termination of the contract and refund of the amount paid by him
- price reduction.
41. The consumer cannot claim a refund of the amount paid or a reduction in the price of the goods when the trader agrees to replace the consumer goods with a new one or to repair the goods within one month of the consumer submitting the complaint.
42. The trader is obliged to satisfy a request for termination of the contract and to refund the amount paid by the consumer when, after having satisfied three consumer complaints by repairing the same goods, within the warranty period, there is a further occurrence of non-compliance of the goods with the sales contract.
4 3. The consumer cannot claim termination of the contract if the lack of conformity of the consumer goods with the contract is insignificant.
Intellectual property
44. The intellectual property rights to all materials and resources located on the Merchant's website (including the available databases) are subject to protection under the Copyright and Related Rights Act, belong to the Merchant or to the respective designated person who has transferred the right of use to the Merchant, and may not be used in violation of the applicable legislation.
45. In case of copying or reproduction of information outside the permissible limits, as well as in case of any other violation of intellectual property rights on the Merchant's resources, the Merchant has the right to claim compensation for the direct and indirect damages suffered in full.
46. Except in cases where it is expressly agreed, the User may not reproduce, modify, delete, publish, distribute and otherwise disclose the information resources published on the Merchant's website.
47. The Merchant undertakes to exercise due care to ensure that the Consumer has normal access to the services provided.
48. The Merchant reserves the right to terminate access to the services provided. The Merchant has the right, but not the obligation, at its discretion to delete information resources and materials published on its website.
Termination and cancellation of the contract
49. 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.
50. 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.
51. 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.
52. 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
53. 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 entail the invalidity of the entire contract or its other parts. The invalid clause shall be replaced by the mandatory provisions of the law or established practice.Amendment of the general terms and conditions
54. 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.
55. 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.
56. 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
57. 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 at his own request from the specified physical address of the Merchant.
Delivery costs are covered by the Consumer except in cases of delivery of goods worth over 200 BGN, in which case the delivery costs are borne by the Merchant.
59. 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 of the order and/or delivery.
60. 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.
61. Delivery is made within the time limits described under each delivery option in the ordering interface module. In exceptional circumstances, the Merchant reserves the right to extend the delivery period, informing the User thereof in a timely manner.
62. Delivery is carried out by courier companies with the possibility of testing and replacement in the order interface module. In exceptional circumstances, the Merchant reserves the right to extend the delivery period, informing the User about this in a timely manner.
63. 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 .
64. Ordered goods are delivered against signature, with larger shipments when using a courier service being delivered to the entrance of the building.
65. 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.
66. 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.
67. All import fees upon importation of the goods are at the expense of the Consumer. The Consumer cannot request a refund of the price if he has refused to pay the import fees or receive the shipment.
68. 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.
III Registration and identification
69. The Merchant identifies the Users of the Site by storing log files on the Site's server.
70. 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.
71. Only persons over the age of 16 can register on the site. When registering, the person marks a check box, declaring that he or she is over the age of 16.
72. 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.
73. 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.
74. 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.
75. 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, to express agreement with the General Terms and Conditions.
76. 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.
77. 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.
78. 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.
79. The user can manage his user profile on the site. Through his profile.
80. The username with which the User registers does not give him any other rights, except those expressly specified in these terms and conditions.
81. 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.
82. 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 a probability or 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
83. 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, Slaveykov Square, No. 4A, floors 3, 4 and 6
For CPDP:
- Website: https://www.cpdp.bg/
- tel: 02/91-53-518
- email: kzld@cpdp.bg
- address: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.
84. 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.
85. Alternative dispute resolution (ADR) between consumers and traders is an out-of-court conciliation procedure on a voluntary basis.
86. 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.
87. 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.
88. 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