for concluding a purchase through the e-shop www.pbg.global, owned by PBG AD commercial registry number 206115716.
1.GENERAL PROVISIONS
This document represents the general conditions for a contract of sale between PBG AD commercial registry N.206115716 with registered office and address of management: Popovyane, municipality Samokov, region Sofia, hereinafter referred to as “PBG” AD - on the one hand, and the person who has agreed to these Terms and Conditions, hereinafter referred to as “Customer” - on the other hand, in connection with the application and purchase of the products offered through the online store www.pbg.global.
2.DEFINITIONS
In the interpretation and application of these Terms and Conditions, which are used when adding terms, they give the following meaning:
2.1. Customer - any sui juris natural or legal person who has submitted an application for the purchase of goods from www.pbg.global and has agreed with these Terms and Conditions.
2.2. PBG AD is a commercial company, with registry N. 206115716, with registered office and address of management in Popovyane, municipality Samokov, region Sofia, email office@pbg.global
2.3. www.pbg.global is an e-commerce website, which is owned by PBG AD registry N. 206115716 and is a virtual information resource on the Internet for the sale of goods at a distance, which are delivered after their explicit request by the Customer.
2.4. "Website" is a separate place on the global Internet, accessible through its unified address / URL / via HTTP, HTTPS or other standardized protocol and containing files, programs, text, sound, picture, image or other materials and resources.
2.5. "Packagе" are containers and any other devices or materials that are capable of performing the function of containing and storing various goods offered directly to the Customer.
2.6. "Sales price" is the final price per unit or otherwise determined quantity of goods, including value added tax and all additional taxes and fees if applicable.
2.7. "Accidental event" is an unforeseen circumstance of an extraordinary nature at the time of the conclusion of the purchase contract, which makes its performance objectively impossible.
2.8. "Electronic link" is a link indicated on a certain Internet page, which allows automatic redirection to another Internet page, information resource or object through standardized protocols.
2.9. "Information system / System" is any single device or set of interconnected or similar devices which in the execution of a particular program, provides either one of the elements of which provides automatic data processing.
2.10. "IP address" is a unique identification number, associating a computer, Internet page or resource of the Customer, in a way that allows their localization in the global Internet network.
2.11. "Commercial communications" means advertising or other communications directly or indirectly representing the goods, services or reputation of a person engaged in a trading or production business or other regulated profession.
2.12. "Malicious actions" are actions or omissions that violate Internet ethics or cause harm to persons connected to the Internet or associated networks, sending unsolicited mail (SPAM, JUNK MAIL), channel overflow (FLOOD), gaining access to resources with foreign rights and passwords, use of deficiencies in systems for their own benefit or information retrieval (HACK), performing actions that may qualify as industrial espionage or sabotage, damage or destruction of systems or information files (CRACK ), sending "Trojan horses" or causing the installation of viruses or remote control systems, disrupting the normal operation of other Internet users and associated networks, performing any actions that may qualify as a crime or administrative violation under Bulgarian law or other applicable law.
2.13. "Internet page" is an integral and separate part of a website.
3. SUBJECT
PBG AD provides the Customer with the opportunity to purchase the goods offered in the online store www.pbg.global by submitting an order request and paying the respective selling price, in compliance with these Terms and Conditions, and additional requirements for the specific goods specified on the website www.pbg.global.
4. CONDITIONS UNDER THE BULGARIAN ELECTRONIC COMMERCE ACT
The order made by a Customer and accepted by PBG AD through the online store www.pbg.global has the force of a distance sales contract. This contract is concluded on the basis of the offer made by PBG AD through the online shop and its acceptance by the Customer by clicking "Buy" and supplementing the data for identification, contact and delivery. The contract is considered executed after pressing the button to confirm the order and receiving an email from www.pbg.global with the order details and confirmation of successful acceptance of the order.
5. CHANGES IN THE TERMS AND CONDITIONS
5.1. These Terms and Conditions may be changed unilaterally by PBG AD
5.2. When making changes to the Terms and Conditions, PBG AD undertakes to notify all its Customers by publishing in a prominent place in www.pbg.global a notice of the amendment of the Terms and Conditions and the text of the amendments, as well as to give them sufficient time to the Customers to get acquainted with them.
5.3. The changes in the Terms and Conditions do not affect the relations between the Customer and www.pbg.global, which have arisen in connection with a valid application for purchase of goods submitted before the notification.
6. PUBLICATION OF INFORMATION ON GOODS
PBG AD publishes at http://www.pbg.global a description of the main characteristics and image of each product, sales price, VAT fee, as well as a tariff for the postage or transport costs which are not included in the price of the goods but are related to their delivery, information on the methods of payment, delivery and performance of the contract, the right of the Customer who is a consumer within the meaning of the Directive 2000/31/EC and the conditions and manner of its exercise, as well as the period for which the offer and price remain in force.
7. PURCHASE REQUEST
7.1. The submission of a purchase order by the Customer is carried out by successively performing the following actions:
• Determining the type and quantity of the product by pressing the virtual button "Add to cart" on the page of the product.
• by using the virtual button "To cart" each Customer can enter the necessary delivery information, user data names, address, email, phone and country of origin, order details, such as choosing a forwarder and method of delivery to the office or to the Customer's door;
• choosing a method of payment by card or cash on delivery at the sale price of the goods and entering invoice data / if the issuance of such is explicitly requested;
• the request for purchase of goods from www.pbg.global is considered made after pressing the button "pay the order", if the Customer chooses to pay by cash on delivery and clicks this option, it is considered to explicitly confirm that the order is related to obligation to pay on his part;• • at all times before the execution of the order the Customer has the opportunity to change his order and view the information and complete or change the delivery data.
7.2. The Customer is obliged to provide complete and accurate data about his identity and other data required by PBG AD. The Customer guarantees that the data he provides in the process of purchasing goods is true, complete, and accurate.
7.3. After agreeing to these Terms and Conditions, the Customer may make valid orders for the purchase of goods offered through www.pbg.global, and is considered bound by the provisions of the Terms and Conditions, and undertakes to comply with them.
7.4. In the event of a dispute as to which person has expressed a will to be bound by the text of these Terms and Conditions, the party to the contract shall be considered the person who has paid the price of the goods ordered for purchase.
7.5. In case of incomplete data regarding the identity of the Customer, incomplete, incorrect, or wrong address and/or telephone number when submitting the order, it is considered that it is invalid and for www.pbg.global there is no obligation to fulfill it.
8. ACCEPTANCE OF THE ORDER
The purchase order is accepted by www.pbg.global by sending a message to the e-mail for correspondence with the Customer, which contains: information about the ordered product, its selling price, the value of postage or transportation costs not included in the sale price and related to its delivery, the method of payment selected by the Customer, the indicated invoice data and delivery address. The order takes effect between the parties after checking the availability of the goods ordered for purchase and after confirming its validity on the contact telephone number specified by the Customer or by sending a message to his e-mail for correspondence.
9. PRICES
9.1. All prices in www.pbg.global are in Bulgarian leva or their lev equivalent in euros, VAT included if applicable. The announced price should comply with Directive 2000/31/EU.
9.2. The prices of the individual goods indicated in www.pbg.global are for a single quantity and do not include the delivery costs.
9.3. The selling price due by the Customer is indicated in the invitation to purchase the goods at the time of submitting the purchase order.
10. METHODS OF PAYMENT
10.1. The price and delivery costs can be paid in any of the following ways:
• by cash on delivery from the Customer or from a third party designated by him, other than the carrier, at the time of delivery;
• by postal money order;
• by credit or debit card.
10.2. The Customer, who is a consumer within the meaning of the Directive 2000/31/EU, is obliged to pay the selling price of the purchased goods, as well as postage or transportation costs not included in this price, related to its delivery, at the time of receiving the goods.
10.3. In case the payment is made with a credit or debit card, the refund is made by ordering a reverse operation on the card with which the payment was made within 15 days.
10.4. The Customer expressly agrees with the acceptance of these Terms and Conditions that the refund is made by order to a bank account specified by him within 15 days from the date of which there is an obligation for www.pbg.global to refund. In cases where it is not a question of withdrawal from a contract by Customer - consumers within the meaning of the Directive 2000/31/EU, for the refund by bank transfer, the fee for bank transfer is deducted.
11. DELIVERY
11.1. The goods ordered for purchase are delivered to the delivery address specified by the Customer within 1-3 working days for the territory of the Republic of Bulgaria and up to 3-7 days for EU Member States. In cases where the goods are not received after the maximum delivery time, the Customer is obliged to inform the employees of www.pbg.global within 5 working days to clarify the reason for the delay and/or lack of the ordered goods. In cases where there is no message or any other type of communication signaling from the Customer, www.pbg.global is not responsible for undelivered goods.
11.2. All orders placed after 14:00 on a weekday are processed and sent on the next business day and are received on the next business day (including Saturday at the request of the Customer).
11.3. All orders placed on Saturday and Sunday are processed and shipped on Monday and received according to art. 11.1.
11.4. All orders placed outside working hours, on Saturdays or Sundays or on holidays are processed on the first or second working day after the day of receiving of the order.
11.5. The goods are delivered properly packaged according to their type and transport for delivery.
12. DELIVERY OF THE GOODS
12.1. The goods are handed over to the Customer or to a third party, who accepts and confirms the receipt of the same on behalf of the Customer.
12.2. Upon delivery of the goods, the Customer or the third party signs the accompanying documents.
12.3. In case the Customer is not found within the delivery period at the address specified by him or access and conditions for delivery of the goods are not provided within this period, www.pbg.global is released from its obligation to deliver the goods ordered for purchase. The Customer can confirm his desire to receive the goods even after the expiration of the delivery period, in which the Customer was not found at the address, bearing all delivery costs. In this case, a new delivery period starts to run from the moment of the confirmation under the previous sentence.
13. RIGHT OF REFUSAL
13.1. Upon receiving of the shipment, the Customer has the right to check the contents of the packages for compliance of the sent goods with the submitted request. In case of established violations in the appearance of the goods, it is necessary to contact the courier, who in turn is obliged to draw up a protocol for the damage of the shipment.
13.2. The Customer has the right to refuse to receive the goods ordered by him for purchase when:• the delivered goods obviously do not correspond to the one ordered for purchase by the Customer and this can be established through its ordinary inspection;• the price that the Customer has to pay does not correspond to the due price.
13.3. A Customer who is a consumer within the meaning of the Directive 2000/31/EC has the right to withdraw from the contract without stating a reason, without paying compensation or penalty, and without paying any costs, except for the shipping costs, within 14 days from the date of acceptance of the goods by the "Customer" or by a third party designated by him, other than the carrier. In case the Customer withdraws from the concluded contract within the term under the previous sentence, he should send a written application for withdrawal from the concluded contract to www.pbg.global and return the goods intact, together with all accompanying labels and accompanying documents (for example receipt, invoice, warranty, instructions). An important condition is that the product is not used, that there are no visible traces of use, and that it is in its original packaging, which allows it to be offered for resale without having to offer it at a lower price than its original sale. A request for the return of a product is considered unfounded if any of the above conditions is not met. The product return form can be requested by e-mail legal@pbg.global. The right of withdrawal does not apply to the supply of goods that are subject to rapid deterioration or there is a danger of deterioration of their quality characteristics, as well as sealed goods that are printed after delivery and cannot be returned for reasons of hygiene or health protection. In this sense, consumers cannot refuse and return foodstuffs with a short shelf life, requiring refrigerated storage, as well as fruits and vegetables.
13.4. PBG AD is obliged to refund to the Customer in full the amounts paid by him not later than 15 working days from the date on which the Customer has exercised any of his rights of withdrawal and has sent the goods back to PBG AD, with the exception of the costs that are borne by the Customer within the meaning of Art. 13.3 of this terms and conditions.
13.5. In case the payment is made with a bank card, the refund is made by ordering a reverse operation on the card with which the payment was made within 15 days.
13.6. In case the payment is made by cash on delivery, the refund is made by bank transfer to a bank account specified by the Customer.
13.7. The Customer has the right to replace goods purchased from www.pbg.global within 14 calendar days from the date of receipt of the product. The replacement is carried out as soon as www.pbg.global receives the shipment and makes sure that the goods are in undamaged commercial form, i.e. there are no visible traces of use and are in their original packaging, along with all accompanying labels and accompanying documents. The product replacement form can be requested by email at support@pbg.global. The costs for courier services in both directions in case of replacement are at the expense of the Customer.
13.8. In case of exercising his right to refuse or exchange, the Customer is obliged to send the goods to the address - Sofia, zh.k. Manastirski Livadi, 3 Byalo Pole Str., 3rd floor, office 9 without undue delay and in any case not later than 14 days after the day on which the Customer has informed www.pbg.global of his withdrawal from this contract. The return of purchased goods is entirely at the expense of the Customer.
14. RIGHTS AND OBLIGATIONS OF PBG AD
14.1. PBG AD / www.pbg.global undertakes:• to transfer to the Customer the ownership of the goods ordered for purchase;• to deliver on time the goods ordered for purchase;• to take the necessary and due care for the fulfillment of its obligations.
14.2. PBG AD www.pbg.global has the right to:• to install cookies on the Client's computers in accordance with the Policy of PBG AD for the use of cookies.• to place electronic links to other Internet pages and resources and advertising banners for the sale of goods and provision of services by third parties, including electronic links and advertising banners pointing to websites outside the control of PBG AD. PBG AD reserves the right to place electronic links and advertising banners pointing to websites outside the control of PBG AD.• to send commercial messages to the Customer in accordance with the Privacy Policy of PBG AD in order to offer information and advertisements about their own or offered by other merchants goods and / or services, as well as to make inquiries on various issues, to conduct surveys and others.
14.3. PBG AD has no obligation to provide computer equipment and connectivity for the transmission of information packages between the Customer and www.pbg.global, necessary to access the system resources. PBG AD is not responsible if the Customer is unable to access due to problems beyond the control of PBG AD (hardware or software problem, problem with Internet connection, etc.).
15. LIMITATION OF LIABILITY
15.1. PBG AD takes care that the information in the store is always kept accurate and up-to-date, but does not guarantee its reliability and completeness.
15.2. PBG AD is not responsible for failure to provide access to the store, as well as for non-processing or untimely processing of purchase orders in the event of circumstances beyond its control - accidental events, force majeure, Internet problems or the provision of services outside control of PBG AD.
15.3. PBG AD does not guarantee that the access to the store will be uninterrupted, timely, secure and free of errors, as far as this is beyond the will, capabilities and control of PBG AD.
15.4. PBG AD is not liable for damages caused to software, hardware or telecommunications equipment, or for loss of data resulting from materials or resources sought, downloaded or used in any way through www.pbg.global.
15.5. Insofar as it does not have the objective possibility and obligation and does not control the Internet pages and resources made available through the electronic links and advertising banners placed in www.pbg.global and in the Customer's profile, PBG AD is not responsible for the illegal nature of the content and materials located on these Websites and Resources. PBG AD is not liable for damages and lost profits resulting from the use, access or unreliability of these materials and content.
15.6. PBG AD has no obligation or objective ability to control the manner in which the Customer uses the store.
16. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
16.1. The Customer undertakes:
• to indicate an exact and valid telephone number, delivery address and e-mail;
• to pay the price of the goods ordered by him;
• to pay the delivery costs, unless otherwise noted;
• to receive the goods;
• not to submit fictitious or invalid applications or other false information.
16.2. The Customer has the right to:
• online access to www.pbg.global and the opportunity to make purchase orders in compliance with the conditions and requirements for access set by PBG AD.
• online access and correction of your personal data;
• to receive electronic commercial communications from www.pbg.global, if he has explicitly given his consent;
• withdraw its consent at any time by:
- using the "Unsubscribe" link in the messages he receives from www.pbg.global;
- contact PBG AD, using the contact details provided on the website.
16.3. The customer undertakes to use www.pbg.global
• to be compliant with the Bulgarian legislation, the present Terms and Conditions, the Internet ethics, the rules of morals and good manners;
• not to infringe another's property or non-property rights, including intellectual property rights;
• to immediately notify PBG AD of any case of committed or discovered violation when using the store;
• not to interfere with the proper functioning of the system, including, but not limited to, not to prevent other Customers from using the store, as well as not to use the store in a way that causes denial of services.
• not to extract by technical means or in a technical way information resources or parts of information resources belonging to the databases located in www.pbg.global and thus not to create its own database in electronic or other form;
• not to impersonate another person or a representative of a legal entity or a group of people who are not authorized to represent, or otherwise mislead third parties about their identity or belonging to a certain group of persons;
• not to perform malicious actions within the meaning of these Terms and Conditions.In case of non-compliance with the obligations under the previous paragraph, PBG AD has the right to immediately and without prior notice to suspend the execution of orders requested by the Customer, as well as the right to compensation for all damages and lost profits, which are a direct and immediate consequence of the obligations under the previous paragraph on the part of the Customer. In these cases PBG AD has the right to refer to the competent state authorities to establish the respective violation.
17. PERSONAL DATA
17.1. The protection of the personal data of our Customers is an important concern for our company. Personal data with information that serves for your identification - name, phone number, delivery address, email. PBG AD does not collect personal data from you, unless you cannot provide in cases where you order goods from us.
17.2. PBG AD will use the personal data only for the purposes of the technical management of the website in order to provide you with access to specific information or for general communication with you. PBG AD will not sell your personal data to third parties, nor will it look elsewhere. The employees of PBG AD may protect the confidentiality of your data and comply with the agreement for disclosure of confidential information.
17.3. You control the information that you can find on PBG AD about yourself. If you still choose not to share this information with PBG AD , make a prescription that you will not have access to certain areas of the website.
17.4. Full information on your rights under the Data Protection Act and this Data Protection Regulation (REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 - GDPR) can be found in our privacy policy.
18. DISCLOSURE OF INFORMATION
PBG AD undertakes not to disclose any personal information about the Customer and not to provide the collected information to third parties - government agencies, companies, individuals and others, except in cases where:• the information is requested by state bodies or officials, who according to the current legislation are authorized to request and collect such information in compliance with the legally established procedures;• in other cases specified by law.
19. TERMINATION
Except in the cases provided for in these Terms and Conditions, the contract between the parties is terminated in the event of any of the following circumstances:
• termination of the activity of PBG AD;
• termination of the maintenance of the store;
• or in other cases provided by law.
20. TERMINATION OF THE CONTRACT
In addition to the cases mentioned above in these Terms and Conditions, either party may terminate the contract by giving one week's notice to the other party in case of non-performance of obligations under the contract.
21. BENEFITS
21.1. The Customer is obliged to indemnify PBG AD and all third parties for all damages and lost profits, including any costs and paid attorney's fees, incurred as a result of claims filed and / or paid compensations to third parties in connection with non-fulfillment of its obligations under this contract, violation of Bulgarian legislation, applicable foreign laws, these Terms and Conditions, good manners or Internet ethics.
21.2. The Customer is obliged to indemnify PBG AD for all damages caused by third parties to whom he has provided his password when using the same.
21.3. PBG AD is obliged to indemnify the Customer for all damages caused by www.pbg.global intentionally or in case of gross negligence.
22. INVALIDITY
The parties declare that in the event that any of the clauses of these Terms and Conditions turn out to be invalid, this will not entail the invalidity of the contract, other clauses or parts thereof. The invalid clause will be replaced by the mandatory norms of the law or the established practice.
23. SETTLEMENT OF DISPUTES
All disputes between the parties shall be settled in a spirit of understanding and good will. In the event that no agreement is reached, all unresolved disputes arising out of or relating to the contract between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, and disputes to fill gaps in the contract, or its adaptation to new circumstances will be resolved in court by the competent court in Sofia.
24. WRITTEN FORM
The written form is considered complied with by sending an e-mail, pressing an electronic button on a page with content that is filled in by the Customer or marking in a field (check box) on the website www.pbg.global and others. similar in so far as the statement is technically recorded in a way that allows it to be reproduced.
25. INTELLECTUAL PROPERTY RIGHTS
25.1. The intellectual property rights over all elements and resources located on the e-commerce website www.pbg.global (including the available databases) are subject to protection under the Copyright and Related Rights Act, belong to PBG AD or to the respective indicated person, who has transferred the right to use www.pbg.global, and cannot be used in violation of the current legislation.
25.2. The Customer's right of access does not include the right to copy or reproduce information and to use intellectual property, unless it is insignificant information intended for personal use, provided that the legitimate interests of the authors are not unduly prejudiced or other holders of intellectual property rights and in the event that the copying or reproduction is carried out for non-commercial purposes. Notwithstanding the above, the customer has no right to remove the trademark and other intellectual property rights from the resources available to him, regardless of whether the holder of the respective rights is PBG AD or a third party.
25.3. When copying or reproducing information beyond the permissible, according to the previous paragraph, as well as any other violation of intellectual property rights over the resources of www.pbg.global, the Client owes to PBG AD a penalty of 10,000 ( ten thousand) BGN for each separate violation. The indicated amount of the penalty does not deprive PBG AD of the right to claim compensation and for larger damages above the amount of the penalty.
26. APPLICABLE LAW
The provisions of the current legislation of the Republic of Bulgaria shall apply to the issues not settled by these General Terms and Conditions.In case you have questions and recommendations regarding these Terms and Conditions, the services provided in www.pbg.global and others, please send them to the following email: support@pbg.global.
