A public access to these General Terms and Conditions is provided at www.orgachim.bg in a way that allows their storage and reproduction. These General Terms and Conditions govern the relationships between the Company “Orgachim” AD and the Users of the Website and E-Commerce Store at www.orgachim.bg

These General Terms and Conditions govern the conclusion of a transaction in the hypothesis as referred to under Art. 16 of the Law on Liabilities and Agreements and Art. 298 of the Commercial Law regarding the remote selling and purchasing as well as the supplies and deliveries, subject to the provisions of these General Terms and Conditions. These General Terms and Conditions should also be deemed to be a Notification as referred to under Article 47 of the Law on Consumer Protection.

Definitions

• “WE”, “ORGACHIM”, “THE COMPANY” – means the Joint-Stock Company “ORGACHIM” AD , having its registered offices and principal place of business at 21, Treti Mart Blvd., Town of Ruse, Unified Identification Code [EIK]  117001047, Tel.: +359 (0) 82 886222, E-mail: info@orgachim.bg, Manufacturer of paints and varnishes and the E-Commerce Store of “Orgachim” AD
• “WEBSITE” – means the Website on the Internet at the  orgachim.bg
• “ACCOUNT” – means an account registered on the Website at the www.orgachim.bg
• “E-COMMERCE STORE” – means the virtual store on the Website at the www.orgachim.bg, enabling the purchase of goods via the Internet.
• “USER” – means a person who uses the functionality of the Website.
• “BUYER” – means a person who purchases goods through the E-Commerce
• “CONSUMER” – means a user within the meaning of the Law on Consumer Protection.
• “PERSONAL DATA” – means the personal data within the meaning of the Law on Personal Data Protection and the European legislation.
• “CASH ON DELIVERY” – means cash on delivery within the meaning of the Law on Postal Services.
• “GENERAL TERMS AND CONDITIONS” – means these General Terms and Conditions. By clicking on any link, button or Application located on the Website, with the exception of the link pointing to these General Terms and Conditions, you consent expressly and unconditionally to these General Terms and Conditions that govern the use of the Website and the E-Commerce

Registration

You can visit our Website without registration. A registration will only be required when using certain functionalities on the Website and will be absolutely voluntary and for free. To register, you must be at least eighteen (18) years old and fill in a registration form.

Upon successful completion of the registration, you will receive a username and password to login. Only a single account can be registered with the same e-mail address.

Warning! By creating an account, you declare that you are at least eighteen (18) years old.

In case that you do not want to create an account, you have an option to shop as a guest. In this case, any data provided by you will  only be  processed for the purposes of the specific Purchase Order and will not be  stored for your next Purchase Orders.

General provisions                                       

Only those goods, which the system allows to be added to the Shopping Cart and which prices are indicated, can be purchased through the E-Commerce  Store. Goods without prices cannot be subject to sale. To this end, a price request may be submitted.

All pictures of goods shown on the Website will be for illustration purpose only. There may be a discrepancy with the actual parameters.

Prices

All prices on the Website/E-Commerce Store are shown in Bulgarian levs and are valid only for the period throughout which they remain published /visible/. The Company “Orgachim” reserves the right to change the prices at any time without prior notice. All prices of Purchase Orders made online and confirmed by “Orgachim” are final and may not be subject to change. All prices of goods published on the Website/E-Commerce Store are final and inclusive of all taxes and charges, except for the costs of processing and delivery. The costs of processing and delivery of each Purchase Order, if any, will be calculated based on the specified delivery address, the type and/or weight and the size of the goods included in the Purchase Order and will be generated immediately before you finalize the Purchase Order. The decorations are not included in the price.

Legal Guarantee. Consumer’s information. Alternative dispute resolution.

All goods published on the Website and/or sold through the E-Commerce Store have a legal Guarantee of Conformity of the goods pursuant to the Sales Contract in accordance with the provisions under Art. 112-115 of the Law on Consumer Protection. A Commercial Guarantee would not affect the Consumers rights arising from the guarantee referred to under Art. 112-115 of the Law on Consumer Protection. The Seller shall be held responsible for the lack of conformity of any consumer goods pursuant to the Sales Contract in accordance with the guarantee referred to under Art. 112-115 of the Law on Consumer Protection, regardless of the Commercial Guarantee.

Please contact us at 082/886222 for more information applicable to the relevant products/services published on the Website and/or sold through the E-Commerce Store under Art. 4 of the Law on Consumer Protection. An ‘Alternative Dispute Resolution’ Authority within the meaning of Art. 181 para. 4 of the Law on Consumer Protection will be the Conciliation Commissions to the Consumer Protection Commission. In the event of any dispute related to any online shopping, you can also visit the Website of the Online Dispute Resolution.

This Section applies to ‘Consumers’ within the meaning of §13, para.1, item 1 of the Additional Provisions to the Law on Consumer Protection.

Purchase Orders

The Company “Orgachim” will accept Purchase Orders placed through the E-Commerce Store and deliver the goods to the address specified and actually existing on the territory of the Republic of Bulgaria. The goods will be delivered only on the geographical territory of the Republic of Bulgaria. No deliveries will be made to the Bulgarian foreign diplomatic missions, the Embassies, the ships and aircrafts under the Bulgarian flag etc., which are considered as part of the territory of the Republic of Bulgaria in accordance with the norms in the International law.

The Company “Orgachim” will not process Purchase Orders and make any deliveries respectively, in the event that an address is specified but there is no such official administrative address in the respective Municipal Administration.

The receipt of confirmation will be considered as a proof of acceptance of the Purchase Order for execution by “Orgachim” and as an existence of a legally binding agreement between the Merchant and the Consumer.

Only Users who have accepted the General Terms and Conditions can place Purchase Orders. To place a Purchase Order, it is necessary to fill in the Purchase Order Form.

Payment

The price of any goods ordered through the E-Commerce Store can be paid by the method of ‘Cash on Delivery’. All payments will be made in Bulgarian levs only. Upon payment by the method of ‘Cash on Delivery’, the Buyer will receive an invoice/receipt from the Courier in which the entire amount due will be stated (including the purchase price of the goods and the cost of processing and delivery). The Buyer will be required to pay this amount to the Courier and authorize the latter to hand it over to “Orgachim”, on his or her behalf and at his or her expense, whereby the payment will be recorded in a document verifying the delivery of the goods, which will also serve as a proof of receipt.

Warning!!! In case of any purchases made online, as well as upon agreement of price discounts, the use of any “Orgachim” discount cards, vouchers, etc.  is not applicable.

Contract

A Remote Sales Contract between “Orgachim” and the Buyer will be considered concluded upon confirmation by “Orgachim” of the respective Purchase Order. A confirmation that a Remote Sales Contract has been concluded with “Orgachim”, including all the information referred to under Art. 47, para. 1 of the Law on Consumer Protection will be submitted to the e-mail provided by the Buyer.

Delivery

Any goods ordered through the E-Commerce Store will be delivered only to addresses located on the territory of the Republic of Bulgaria. The reception of goods will be certified only by signing a document witnessing their delivery and acceptance by the Buyer. The delivery times of goods ordered through the E-Commerce Store are  as follows:

• For all goods ordered before 14:00 o’clock current local time in Bulgaria – within 72 hours, reckoned from the day following the day on which the Purchase Order has been confirmed.
• For all goods ordered after 14:00 o’clock current local time in Bulgaria – within 96 hours, reckoned from the day following the day on which the Purchase Order has been confirmed.

The above delivery times will apply insofar as they do not differ from the delivery times applied by the Courier Company “Speedy”, which will be assigned to carry out the deliveries of the goods ordered.

The Company “Orgachim” reserves the right to unilaterally extend the specified delivery times up to 12 days without the need to notify the Buyer. The delivery of goods is standard – handing over and signature of the consignee. The following additional conditions will apply to larger consignments (to be determined at the discretion of the person making the delivery): a road access must be provided on asphalt or paving routes to the delivery address specified by the Customer; a delivery will be made to the location closest to the delivery address indicated by the Customer, which allows, at the discretion of the vehicle’s

driver who is performing the delivery, for unobstructed and safe parking, lowering the cargo platform and unloading. Goods will be handed over and received on/from the cargo platform of the vehicle carrying out the delivery, in accordance with the provisions of the previous sentence. Unloading operations are not included in the service provision. Unloading operations should be organized and carried out entirely by and at the expense of the Customer. Unloading operations must start immediately upon receipt of the goods and take place for the time normally required for unloading the relevant types of goods. In case that it is impossible or difficult to deliver the consignment to the consignee in person, it will be delivered as follows: 1. To a business addresses – to a person whose place of work is at that address, by indicating the name and the position/department of the person receiving the consignment; 2. To a home addresses – to a member of the household, by indicating the name of the person receiving the consignment and its relationship with the consignee. In case that the consignment could not be delivered to the consignee when the delivery is attempted the first time, which will not be due to the failure of “Orgachim”/the Courrier (in case that there is no-one available at the address, etc.), the person making the delivery will leave a notice including a contact phone number and the consignee should call within three business days in order to schedule a new time for making a delivery.  In case that the consignment is missed on second delivery attempt, which will not be due to the failure of “Orgachim”/the Courrier, the Remote Sales Contract will be automatically cancelled. In all cases where the consignee unreasonably refuses to take the consignment, the provisions referred to in the previous sentence will also apply. In cases where the Buyer has provided an incorrect, incomplete and/or inaccurate personal data, including where the Buyer has provided an incomplete, inaccurate or fictitious address, the Company “Orgachim”/the Courrier will not be held responsible for any non-fulfilment of any Purchase Order.

Inspection of goods. Complaints.

Upon receipt of the goods, the Buyer will be obliged to immediately inspect the goods. In the event that the Buyer finds any evident shortcomings, missing accompanying accessories and/or any missing documents required by the Bulgarian legislation, it will immediately notify the person making the delivery. Failure to do so, the goods will be deemed as approved and the Buyer will lose the right to later file a claim regarding any goods delivered with evident shortcomings, missing accompanying accessories and/or any missing documents  required by the Bulgarian legislation.

Any claims concerning the goods purchased through the E-Commerce Store will be made in accordance with the provisions of the Law on Consumer Protection (for Consumers only) and/or in accordance with the terms and conditions of their Commercial Warranty. Address for claims: Town of Ruse, 21, Treti Mart Blvd., Orgachim AD. Phone for complaints: +359 (0) 82 886222.

In the event of hidden non-compliances of goods with the Contract occurring 6 months after the delivery of such goods, it will be deemed that at the time of delivery no such non-compliances have existed, if proved that the lack of conformity is due to the nature of the goods or to the nature of the non-conformity.

Withdrawal from  a Remote Contract

Pursuant to Art. 50 of the Law on Consumer Protection, a Consumer will have the right to withdraw from the Remote Contract without stating any reason, without paying any compensation or penalty, and without paying any costs (except for the costs provided for in Art. 54, para. 3 and Art. 55 of the

Law on Consumer  Protection) within 14 days reckoned from the date of acceptance of the goods either by the Consumer or by a third party other than the Carrier and designated by the Consumer; or, in the event that the Consumer is placing one Purchase Order making a request to purchase many items, which would be delivered separately – reckoned from the day on which either the Consumer or a third party, other than the Carrier and designated by the Consumer, has accepted the last item.

A Consumer can exercise the right of withdrawal only if it has provided the goods to “Orgachim” in their original packaging in preserved commercial condition, together with all the accessories, belongings, documents as well as the original receipt/invoice for the purchase.

In the case that the right of withdrawal from a Remote Contract has been exercised, the Consumer must send or deliver the goods back to “Orgachim” no later than 14 days reckoned from the date on which the Consumer has notified the Company “Orgachim” of its decision to withdraw from the Contract. The risk of any accidental loss or damage will be borne entirely by the Consumer until the goods are delivered back to “Orgachim”.

A Consumer cannot exercise the right of withdrawal in all cases where the Purchase Order refers to a product that has been tinted in a colour chosen by the Consumer /except in the case of any hidden defects/ due to the fact that it was personalize entirely according to his or her needs and criteria.

Privacy policy

The confidentiality and security of our Customers’ personal data has always been of paramount importance to us. This Unified Privacy Policy of “Orgachim” aims to give you information, which describes the way in which we collect, use, store, disclose and delete, or more generally ‘process’ your data. The Unified Privacy Policy allows us to ensure for all users of our Website at the www.orgachim.bg the same high level of protection.

The Company “Orgachim” (“the Controller”) will record all data provided by you when creating an account into a single database. In this regard, your consent to the General Terms and Conditions, an integral part of which will be this Privacy Policy, will  be considered as a consent to the processing by “Orgachim” of all data provided in your account.

Collection and use of personal data

‘Personal data’ means any information that can be used to identify a natural person. In order for us to provide our services and products, personal information might be requested from you each time you contact us or our partners. The Controller and its partners may share this information with each other and use it only in compliance with this Privacy Policy and all applicable legal provisions. Your personal data will be processed only on the territory of the Republic of Bulgaria for the term and for the purposes only for which they have been provided.

Personal data collected by us

• We may collect various types of information in cases where you register an account, buy a product, participate in a lottery, etc., including but not limited to your name, mailing address, telephone number, e-mail, preferred way of communication, etc.
• We may ask you to provide additional information in accordance with the requirements of the regulations in cases where this will be required in order to issue certain documents, such as an invoice.
• We store a history of Purchase Orders placed by each account registered on the Website.

How we use your personal data

We process your personal data in order to fulfil our

• obligations as a party to a Sale Contract of goods or services. We may use them from time to time in order to send important messages such as notifications regarding any placement of orders, any changes to the Terms and Conditions or other rules.
• In case that you have given your consent, we will process the data provided by you in order to inform you about any current promotions and advertising activities. Once consent has been given, it can be withdrawn at any time.
• In case that you have given your consent to participate in certain events (competition, lottery, games, etc.), we will process the data provided by you in order to administer these activities.

Disclosure to third parties

In certain cases, it will be necessary or we will be required to disclose personal data provided by you to our partners (e.g. transport, courier, companies etc.) or to the competent authorities in order to fulfil our obligations under any contracts entered into or to fulfil any legal obligations.

Protection of personal data

The Controller takes precautionary measures, including administrative, technical and physical measures with regard to the protection of your personal data from any loss, theft and misuse, as well as from any unauthorized access, disclosure, alteration or destruction.

When you post to forums, chat rooms or social networking services, the personal information shared by you is visible to other users and can be read, collected, or used by them. In these cases, you are responsible for the personal information you choose to share or submit.

Integrity and retention of personal data

We will retain your personal data for a period necessary to fulfil the specific purpose for which they have been processed, after which we will delete them unless a legal act requires us to retain them for a longer period.

Rights of the data subject

You can check the accuracy, completeness and timeliness of your personal data, as well as to rectify them by login to your account.

If you wish to withdraw your consent to the processing of any personal data, to request a rectification, to object to their processing or to request that your data be deleted (the “right to be forgotten”), you should send a request to this effect by email to: info@orgachim.bg. In order to avoid a possible misuse, requests with the above content will only be considered if they are sent from the e-mail used in the registration of your account and we reserve the right to request additional data in order to establish the identity of the applicant and the data subject to whom it relates.

Any requests submitted with regard to personal data will be answered within one month, as this period could be extended, if necessary. You will be informed about such extension, as well as about the reasons for such delay. We may refuse to process any requests, which are unreasonably repeated or threaten the privacy of other users. In any case, you have the right to file a complaint to the Commission for Personal Data Protection, kzld@cpdp.bg , Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd..

Cookies

Cookies are small files of information that will be stored in your internet browser or hard drive when you visit the Website. Cookies allow us to improve the Website so that it can best personalize the most useful content for you. You can set your internet browser so that it does not save cookies or to delete cookies already saved. If you want to optimize these features, you should use the settings of your internet browser.

We are not responsible if your internet browser does not support the functions of controlling the use, refusal to save or deleting saved cookies. If you disable the storage of cookies or delete cookies already saved, the operation of the Website may be impaired.

Miscellaneous

The Company “Orgachim” is committed to provide only the services published on the Website, in the way they are shown. All information published on the Website, including but not limited to the design, availability, prices and location of the goods will only be valid at the time of their publication. “Orgachim” reserves the right to change such information at any time without prior notice. It will be the responsibility of the user to check the terms and conditions of use of the Website, as well as any information provided about prices, availability etc., to be informed in a timely manner in case of any changes occurred thereon. In any case, such changes will take effect in future and will not affect any Purchase Orders being already confirmed by “Orgachim” prior to their occurrence. In the event that we will be required to give further approval, such approval will be given; otherwise regardless of our confirmation of any Purchase Order, the latter will be considered as invalid.

The Company “Orgachim” will not be held responsible for the content and safety of any websites to which any links published on this Website will redirect. Clicking on such links and using any websites to which the links redirect will be entirely at the own risk and responsibility of the User. The users of the Website are required to accurately and fully provide the data required, where necessary. Access to the resources of the Website and the E-Commerce Store will be blocked for incorrect users. Accounts of users who violate the terms of use of the Website and the E-Commerce Store, as well as accounts of users who use them for other purposes, will be deleted.

To all matters not settled in these General Terms and Conditions, the provisions of the legislation in force in the Republic of Bulgaria will apply. All disputes concerning the interpretation and implementation of these General Terms and Conditions and the interpretation and implementation of the Remote Sales Contracts for Purchase Orders placed through the E-Commerce  Store will be resolved by mutual agreement, and in case that the parties fail to reach any agreement, the dispute will be referred to the competent court: for claims filed by Consumers – according to Art. 113 of the Civil Procedure Code, in all other cases – before the competent court in the Town of Ruse, if the jurisdiction will not be imperatively indicated, in accordance with the rules on generic jurisdiction under the Civil Procedure Code.

Update

The Company “Orgachim” may update these General Terms and Conditions from time to time. In case of any change of the Website, a communication will be published, as well as the updated version of these General Terms and Conditions.