General conditions of use
The conditions of use of our catalogue/online store must be read carefully.
If you want to buy here, you agree to the terms described below.
General conditions of use of the electronic catalog / store FABNETSTUDIOBG
This is a web-based electronic site - catalog / store owned by FABNETSTUDIOBG. It provides information for the purchase of goods virtually. FABNETSTUDIOBG maintains the information on the site at its own discretion or in case they have become mandatory under an enacted law. FABNETSTUDIOBG has the right to modify the content and the way of accessing the information contained therein at any time, since these changes take effect immediately and are mandatory for all Clients.
In any case of change in the general conditions, FABNETSTUDIOBG will inform its Clients by publishing the changes on the site. In this sense, Clients are obliged to consult about possible changes to all the conditions published on the site.
FABNETSTUDIOBG is not liable to users of the system, as well as to third parties, in the event that a user or another person publishes illegally acquired or unauthorized information on the site, as well as in case of misuse, copying or other illegal use. of a foreign brand, trademark, as well as any information, image, sound, image, etc., infringing proprietary or non-proprietary rights of third parties. FABNETSTUDIOBG is not responsible for the information displayed or for the consequences of using other websites to which it provides a link. FABNETSTUDIOBG has the right to terminate its use by people who perform actions that are incorrect and contrary to the laws of the country of use.
Each time the Client uses the site for electronic commerce, it is assumed that he has carefully read all the conditions for its use and has agreed to comply with them unconditionally.
FABNETSTUDIOBG makes constant efforts to maintain the accuracy of the information presented on the site. However, in the event of possible technical errors or omissions in this information, FABNETSTUDIOBG clarifies that the descriptions of the products (photos, characteristics, etc.) are merely illustrative and indicative, and that the products supplied may differ in type, as well as in characteristics. , since the obligation of the Clients is upon receiving the goods to verify if they correspond in characteristics with the attached documents, specifications. In the event that they do not notify FABNETSTUDIOBG immediately after delivery of the goods, it is presumed that they correspond to the description on the site in terms of characteristics, prices, etc.
The characteristics or prices of the products described on the site may be modified by FABNETSTUDIOBG at any time. For technical reasons they may contain errors, for which FABNETSTUDIOBG apologizes in advance to its clients, trying to correct them.
It is possible that the information, descriptions, characteristics of the products, prices are sometimes incomplete, for which FABNETSTUDIOBG apologizes in advance to its clients.
Applicable law in disputes
Bulgarian law applies. Any disputes arising between FABNETSTUDIOBG and Clients will be settled in good faith or, if this is not possible, disputes will be settled before the competent Bulgarian courts in accordance with Bulgarian law, unless the parties have agreed otherwise.
EXCERPT FROM CPA (electronic purchasing section)
Art. 54. (Modified, SG No. 61/2014, effective 07.25.2014) (1) When the consumer has exercised his right to withdraw from the distance contract or the contract outside the establishment, the merchant must reimburse all amounts received by the consumer, including shipping costs, without undue delay and no later than 14 days from the date on which he was notified of the consumer's decision to withdraw from the contract pursuant to art. 52.
(2) The trader is obliged to reimburse the amounts received using the same means of payment used by the consumer in the initial transaction, unless the consumer has expressed his explicit consent to use another means of payment and provided that this does not imply costs for the consumer. .
(3) The trader is not obliged to reimburse additional costs for the delivery of the goods, where the consumer has explicitly chosen a way of delivery of the goods, different from the cheapest type of standard delivery offered by the trader.
(4) In case of a sales contract, when the trader has not offered to collect the goods himself, he may withhold payment of the amounts to the consumer under para. 1, until he receives the good or until the consumer presents proof that he has returned the good, depending on which of the two has occurred before.
Art. 55. (Modified, SG No. 64/2007, SG No. 61/2007)2014, effective 07.25.2014) (1) When the consumer exercises his right to withdraw from the distance or off-premises contract and when the merchant has does not offer to collect the goods himself, the consumer must send or return the goods to the trader or to a person authorized by him without undue delay and no later than 14 days from the date on which the consumer has notified the trader of his decision to withdraw the contract under art. 52. The deadline shall be considered fulfilled if the consumer sends or returns the goods to the trader before the expiration of the 14-day period.
(2) The consumer will only pay the direct costs of returning the goods under para. 1, except in cases where the trader has agreed to pay them, or if the trader has not informed you that the costs of returning the goods will be borne by the consumer.
(3) In the case of an off-site contract, where the goods have been delivered to the consumer's domicile at the time of conclusion of the contract, the trader is obliged to collect the goods at his expense if the nature of the goods It is such that it does not allow the usual route by mail.
(4) The consumer is solely responsible for the reduction in the value of the goods caused by the test thereof, other than that necessary to establish the nature, characteristics and proper functioning. The consumer is not responsible for the reduction in the value of the goods when the trader has not notified him of his right of withdrawal pursuant to art. 47, para. 1, article 8.
(5) When the consumer exercises his right of refusal after having made a request pursuant to art. 48, para. 3 or art. 49, para. 9, he must pay the merchant the proportional amount of what has actually been provided until the moment the consumer has notified the merchant of the exercise of the right of withdrawal.
(6) The proportional amount under para. 5, which the consumer must pay to the merchant, is calculated on the basis of the final price agreed in the contract. If the final price is excessive, the proportional amount is calculated based on the market value of what was actually delivered.
(7) When the consumer exercises his right to withdraw from the contract, he shall not pay costs for:
1. provision of services or for the supply of water, gas or electricity, when not offered for sale, packaged in limited quantities or in a determined quantity, or for central heating, in whole or in part, carried out during the period of withdrawal, when:
a) the trader has not provided information in accordance with art. 47, para. 1, article 8 or 10, or
b) the consumer has not explicitly requested the start of the execution of the contract during the period to exercise the right of withdrawal from the contract according to art. 48, para. 3 and art. 49, para. 9, or
2. the total or partial delivery of digital content that is not delivered in tangible media when:
a) the consumer has not given his prior explicit consent to start the execution of the contract before the expiration of the period of 14 days provided for in art. 50, or
(b) the consumer has not confirmed that he knows that by consenting to the performance of the contract, he will lose his right to withdraw from the contract, or
c) the trader has not provided confirmation of the explicit prior consent and acceptance by the consumer to start the performance of the contract according to art. 48, para. 2 or art. 49, para. 8.
(8) The consumer will not be responsible for the exercise of the right of refusal, except in the cases provided for in para. 1, 2, 4 and 5 and art. 54, para. 3.
GENERAL OBLIGATION TO PROVIDE INFORMATION - For businesses
Art. 4. (1). Before the consumer is bound by a contract or a proposal to enter into a contract other than a distance or off-premises contract, the trader must provide the consumer with the following information in a clear and understandable manner, unless it is clear from the context or by the nature and character of the good or service:
ü 1. the main characteristics of the goods or services according to the means of communication used and the nature of the goods or services, including information on the composition, packaging, as well as instructions for use, assembly and maintenance;
ü 2. the merchant's name, registered office and administration address, his telephone number, as well as his email address and website, if any;
3. the final price of the goods or services, including all taxes and fees, or where due to the nature of the goods or services the price cannot be calculated in advance within reasonable limits, the form of its calculation; where applicable, the final price of the goods or services will include any additional transportation, delivery or postage costs, and where these costs cannot be calculated in advance within reasonable limits, indicate that such additional costs may be borne by the user;
4. where applicable, the terms of payment, delivery, performance, the date on which it is indicated that the merchant does not undertake to deliver the goods or provide the service and the means provided by the merchant to deal with claims;
ü 5. a reminder of the existence of a guarantee of the conformity of the goods with the contract of sale and, where appropriate, of the existence of services outside of guarantee and commercial guarantees, if any, and their conditions;
6. the duration of the contract, when applicable, or in the event that the contract is indefinite or provides for an automatic renewal clause, the conditions for its termination;
7. If applicable, indicate the functionality (the different ways in which digital content can be used, such as monitoring consumer behavior; as well as the absence or presence of technical restrictions, such as protection through rights management digital or regional coding, etc.). ), including the applicable measures for the technical protection of digital content;
8. if applicable, indicate any relevant interoperability of the digital content with certain types of hardware and software (information about the standard environment of hardware and software with which the digital content is compatible, such as the operating system, the required version and certain elements hardware) , which are known to the merchant or can reasonably be expected to be known by him;
9. availability of goods or services;
10. the dangers related to the habitual use, utilization or maintenance of the goods or services;
11. the conditions of use of the goods or services, the influence it has on other goods and services in case of possible use or joint use;
12. the useful life of the products, where applicable.
!!! In art. 233 para. 4:
(4) Acts to establish administrative offenses and criminal decrees within the meaning of the Law on Administrative Offenses and Penalties, as well as individual administrative acts within the meaning of the Code of Administrative Procedure may be notified to any natural person who is in the business establishment and who has a civil or labor relationship with the person against whom they are issued.”
DISTANCE AGREEMENT - Online sale
Art. 45. Distance contract is any contract entered into between a trader and a consumer as part of an organized distance sale or provision of services at a distance without the simultaneous physical presence of the trader and the consumer, through the exclusive use of one or more means of long distance comunication. . until the conclusion of the contract, including at the time of conclusion of the contract. "
Art. 47. (1) Before the consumer is bound by a distance contract or an off-site contract, or by such a proposal to enter into a contract, the trader shall be obliged to provide the consumer in a clear and understandable manner with the following information :
ü 1. The main characteristics of the goods or services according to the means of communication used and the nature of the goods or services;
ü 2. the name of the merchant;
ü 3. the registered office and administration address of the merchant, his telephone number, as well as his email address and website, if any, so that the consumer can quickly establish contact and communicate effectively with the merchant ; if applicable, indicate the name(s) of the merchant, the registered office and the address of the management on whose behalf he acts;
4. the address of the place where the trader carries out its commercial activity and, where applicable, the address of the place where the trader on whose behalf it acts carries out its commercial activity, to which the consumer can direct its complaints - where the registered office and the domicile of the merchant's address does not match those in point 3;
ü 5. the final price of the goods or services including all taxes and fees or when due to the nature of the goods or services the price cannot be calculated in advance within reasonable limits - the method of its calculation; where applicable, the final price of the goods or services will include any additional transportation, delivery or postage costs, and where these costs cannot be calculated in advance within reasonable limits, indicate that such additional costs may be borne by the user; in the case of an indefinite contract or a contract that contains a subscription, the final price will include all the costs of the billing period; when these contracts provide for billing at a fixed rate, the final price will include all monthly costs; where the full amount of the costs cannot be calculated in advance within reasonable limits, information will be provided on how the price is calculated;
6. the costs for the use of means of remote communication for the conclusion of the contract, when these costs are calculated on a different basis from the basic rate;
ü 7. the terms of payment, delivery, execution, the date on which the merchant agrees to place the goods or provide the services and, where appropriate, the means provided by the merchant to address consumer claims;
!! 8. When the consumer has the right to withdraw from the contract, the conditions, the term and the form of its exercise in accordance with art. 52, para. 1 and 2 (When the consumer wishes to withdraw from the distance contract or the contract outside the establishment, he must inform the merchant of his decision before the expiration of the period provided for in article 50 (14 days).) (2) In order to exercise his right of withdrawal, the consumer can use the standard withdrawal form in accordance with Annex № 6 or unequivocally indicate otherwise his decision to withdraw from the contract); the trader is obliged to provide the consumer with the standard form for exercising the right of withdrawal in accordance with Annex № 6:
______________________________________________________________________________________
Standard form for exercising the right of withdrawal from the contract
(fill out and send this form only if you want to withdraw from the contract)
TO
fabnetstudiobg
Blagoevgrad .....
email: .....
I hereby inform / inform * that I reject / reject * the contract concluded by me / us * for the purchase of the following products * / for the provision of the following service *:
………………………………………………………………………………………………………………………… ………………………………..
…………………………………………………………………………………………………………………………… ………………………………..
- Ordered on * / Received on * .................................. ............................................
- Name of the user(s) .................................. .. .................................................. .. .. .
- Address of the user(s) .................................. .. .................................................. ..
- Signature of the user(s) .......................................... .. .................................................. ..
(only if this form is on paper)
- Date ................................................ ................................................................ .. ............................
-------------------------------------------------- - ----
* Delete where not applicable.
______________________________________________________________________________________
9. where appropriate, indicate the fact that the consumer must bear the costs of returning the goods in case of exercising the right of withdrawal; In the case of distance contracts, if due to their nature the goods cannot be returned in the usual way by post, the cost of the return will be indicated;
10. (it's about the provision of services, we don't care);
11. When the right of refusal is not foreseen according to art. 57, the merchant informs the consumer that he does not have the right of withdrawal or, where appropriate, indicates the circumstances in which the consumer loses his right to withdraw from the contract-Here we must indicate in what circumstances the right of withdrawal is lost; the hypotheses of art. 57 in which we fall are:
Art. 57. The provisions of art. 50 - 56 for the right of withdrawal of the consumer from the distance contract or from the off-site contract will not apply to contracts:
8. when the consumer has explicitly asked the trader to visit him at his home to carry out urgent repair or maintenance activities; when, during said visit, the merchant provides other services in addition to those requested by the consumer or delivers goods other than spare parts necessary for repair or maintenance, the right of withdrawal will apply to those additional services or goods;
9. for the delivery of sealed sound recordings or sealed video recordings or computer software, which are printed after delivery;
12. reminder of the existence of a legal guarantee for the compliance of the goods with the contract of sale;
13. If applicable, indicate the existence of an opportunity to assist the consumer after the sale, the availability of out-of-warranty service and a commercial guarantee, as well as the conditions thereof;
18. Where applicable, please indicate the functionality of digital content (data that is produced and delivered in digital form, such as computer games, antivirus programs, applications, movies, music, texts, e-books, newspapers, magazines, software, or online games , databases, betting websites and others, whether accessible by download or transmission in real time, by physical support or by any other means), including the applicable technical protection measures;
19. if applicable, indicate any relevant interoperability of the digital content with certain types of hardware and software that are known to the merchant or that can reasonably be expected to be known by him !!!;
20. If applicable, indicate the possibility of resorting to out-of-court procedures for the resolution and appeal of disputes in which the merchant participates and the conditions of access to them.
Art. 49. (1) In the case of distance contracts, the trader must provide the information on art. 47, para. 1 to the user or make it available to the user in a manner appropriate to the means of distance communication used in a clear and understandable language. When the information is provided on a durable medium, it must be written legibly.
(2) In the case of a distance contract, which is to be concluded electronically via an Internet site and which provides for an obligation for the consumer to make payment, the trader must provide the consumer with the information pursuant to Art. 47, para. 1, articles 1, 5 (main characteristics and final price) clearly and evidently in the vicinity of the button through which the user places his order. The trader is obliged to ensure that when the consumer places his order, he explicitly confirms that the order is related to a payment obligation on his part. If the execution of an order involves the activation of a button or a similar function, only the words "payment order" or another relevant and unambiguous expression shall be written legibly on the button or a similar function, indicating that the order has consumer's obligation to pay.
(3) When the merchant does not observe the requirements of para. 2, the consumer is not bound by the contract or order.
(4) On e-commerce websites, merchants must clearly and legibly indicate at the latest at the beginning of the order process whether there are restrictions on the delivery of goods and which means of payment are accepted.
(8) The trader must provide the consumer on a durable medium with confirmation of the contract concluded within a reasonable time after concluding the distance contract or, at the latest, at the time of delivery of the goods or before the start of the the provision of the service. The confirmation by the trader must contain all the information pursuant to art. 47, para. 1, unless the trader has provided this information to the consumer on a durable medium before the conclusion of the distance contract and in contracts for the supply of digital content that is not delivered on a physical medium - confirmation of explicit prior consent and acceptance by The user starts the contract before the expiration of the term to exercise the right of withdrawal from the contract.
(10) The burden of proving compliance with the requirements of para. 1 to 9 will be paid by the merchant. "
WITHDRAWAL OF THE CONTRACT - The right of withdrawal is provided again only for distance contracts!
Art. 50. The consumer has the right to withdraw from the distance contract or the contract outside the establishment without stating a reason, without paying compensation or penalties and at no cost, except those provided for in art. 54, para. 3 (additional costs for the delivery of the goods, when the consumer has explicitly chosen a form of delivery of the goods, different from the cheapest standard type of delivery offered by the trader) and art. 55, within 14 days following the date of:
2. acceptance of the goods by the consumer or by a third party, other than the carrier and indicated by the consumer - in case of sales contract, or:
a) when the consumer has ordered many goods in a single order, which are delivered separately, from the date on which the consumer or a third party other than the carrier and specified by the consumer accepts the last goods;
!! Art. 51. (1) When the trader has not provided the consumer with information for his right of withdrawal from the contract under art. 47, para. 1, point 8 (conditions, term and form + standard form to exercise the right of withdrawal from the contract), the consumer has the right to withdraw from the distance contract or from the contract off the site within one year and 14 days from the date provided for in art. fifty
(2) When the trader provides the consumer with the information on the right of refusal within one year from the date of art. 50, the consumer has the right to withdraw from the distance contract or off-site contract within 14 days from the date of receipt of the information pursuant to art. 47, para. 1, article 8
(4) In order to exercise the right of withdrawal, the trader may offer the consumer the option of electronically completing and submitting via the trader's website the standard withdrawal form in accordance with Annex № 6 or another unambiguous application. In these cases, the trader is obliged to immediately send the consumer a confirmation of receipt of his refusal on a durable medium.
(5) The burden of proof of the exercise of the right of withdrawal of the contract at a distance or outside the establishment will be borne by the consumer. "
!!! Art. 54. (1) When the consumer has exercised his right to withdraw from the contract at a distance or off-premises, the trader must refund all amounts received by the consumer, including shipping costs, without undue delay and no later than 14 days, from the date on which you were notified of the consumer's decision to withdraw from the contract under art. 52.
(2) The merchant is obliged to reimburse the amounts received using the same means of payment used by the consumer in the initial transaction, unless the consumer has expressly agreed to use another means of payment and provided that this does not imply costs for the consumer. . .
(3) The trader will not be obliged to reimburse the additional costs for the delivery of the goods, where the consumer has explicitly chosen a way of delivery of the goods, different from the cheapest standard type of delivery offered by the trader.
!!! (4) In case of a sales contract, when the trader has not offered to collect the goods himself, he may withhold payment of the amounts to the consumer under para. 1, until he receives the goods or until the consumer provides proof that he has returned the goods, whichever occurs first. "
Art. 55. (1) Where the consumer exercises his right to withdraw from the contract at a distance or off-premises and where the trader has not offered to collect the goods himself, the consumer must send or return the goods to the trader or to an authorized person by him without undue delay and no later than 14 days from the date on which the consumer notified the trader of his decision to withdraw from the contract pursuant to art. 52. The deadline shall be considered fulfilled if the consumer sends or returns the goods to the trader before the expiration of the 14-day period.
(2) The consumer will only pay the direct costs of returning the goods under para. 1 except in cases where the merchant has agreed to pay for them, or if the merchant has not notified you that the cost of returning the goods is borne by the consumer !!.
!! (4) The consumer is solely responsible for the reduction in the value of the goods caused by the test thereof, other than that necessary to establish the nature, characteristics and proper functioning. The consumer is not responsible for the reduction in the value of the goods when the trader has not notified him of his right of withdrawal pursuant to art. 47, para. 1, article 8.
(8) The consumer will not be responsible for the exercise of the right of refusal, except in the cases provided for in para. 1, 2, 4 and 5 and art. 54, para. 3. "
Art. 56. (1) When the consumer exercises his right to terminate the distance contract or off-premises contract, each additional contract shall be automatically terminated, without the consumer owing any cost, compensation and/or penalty, except for costs . provided for in art. 54, para. 3 and art. 55 - if, for example, another concluded "Warranty +"
Art. 147a. (1) When concluding a contract under general conditions with a consumer, the general conditions are binding on the consumer only if they have been provided to him and he has agreed to them.
(2) The consumer's consent to the general conditions will be certified by his signature.
(3) The trader or his authorized representative is obliged to provide the consumer with a copy of the general terms and conditions signed by him.
(4) The burden of proving the consent expressed by the consumer with the general conditions and their receipt at the time of signing the contract shall be borne by the trader.
(5) The clause of consent to the general conditions of the contract and declaration of its reception by the consumer, included in the individual data, it is not proof of the effective acceptance of the general conditions and the receipt of a copy by the consumer.
Art. 147b. (1) The merchant is obliged to notify the consumer of any change in the general conditions of the contract concluded within 7 days after the occurrence of this circumstance by telephone, email or address for correspondence indicated by him.
(2) When you do not agree with the changes in the general conditions, the consumer can terminate the contract without expression of cause and without paying compensation or penalty, or continue with the general conditions in force before the change.
(3) The consumer shall exercise his right under para. 2, by sending the trader a written notification within one month of receipt of the notification under para. 1.
(4) Changes to the general conditions shall bind the consumer under the contract, when the consumer has been notified about them under the conditions of para. 1 and has not exercised his right under para. 2 and 3.
(5) The trader shall be required to prove the fact of notifying the consumer for a change in the general conditions.
ABOUT DELIVERY AND RISK
Art. 103rd. The provisions of this section are intended to ensure the protection of consumers in the delivery of goods, the transfer of risk, the conformity of the goods with the contract of sale, the guarantee of the goods provided for in this law and commercial guarantees.
Art. 103b. (1) The trader is obliged to deliver the goods by handing them over to the consumer without undue delay within 30 days after the conclusion of the contract, unless the parties have agreed otherwise.
(2) When the merchant fails to deliver and delivers the goods within the term determined in the contract, or within the term provided in para. 1, the consumer requires that the delivery and delivery of the goods take place within an additional period determined according to the circumstances. If the trader does not leave anddeliver the goods within this additional period, the consumer has the right to withdraw from the contract.
(3) The provision of para. 2 shall not apply to sales contracts when:
1. the merchant has refused to deliver the goods, or
2. the delivery of the goods within the agreed delivery period is essential for the consumer, taking into account all the circumstances in the conclusion of the contract, or
3. the consumer has informed the trader prior to the conclusion of the contract that it is essential that delivery be made by a specified date or not later than a specified date.
(4) If in the cases under par. 3, the merchant will not deliver or deliver the goods within the period agreed with the consumer or within the period provided for in para. 1, the consumer has the right to immediately withdraw from the contract.
(5) Upon termination of the sales contract, the trader shall be obliged to reimburse the consumer without undue delay for all amounts paid under the contract.
(6) Upon termination of the sales contract under para. 2 - 4 the consumer may claim compensation or sanction in the general order.
Art. 103c. (1) In contracts where the trader ships the goods to the consumer, the risk of loss of or damage to the goods passes to the consumer at the time the consumer or a third party designated by him, other than the carrier, accepts the goods . .
(2) When the consumer has chosen a carrier and has assigned him the transport of the goods, but the carrier chosen by the consumer is not among the carriers proposed by the trader, the risk passes to the consumer when delivering the goods to his chosen . conveyor. In case of loss or damage, the user can claim compensation or damages from the carrier.
ABOUT THE COMPLAINTS
In art. 114 the following modifications and additions will be made:
1. A new paragraph is created. 3:
(3) The merchant will be obliged to satisfy a request for termination of the contract and to reimburse the amount paid by the consumer, when after having satisfied three consumer claims by repairing the same goods, within the warranty period provided for in art. . 115, there is another fact of non-compliance of the merchandise with the sales contract. "
In art. 117 the following modifications and additions will be made:
1. Section 1 is amended as follows:
!!! "(1) A commercial guarantee is any obligation assumed by the trader or producer towards the consumer, in addition to his obligation under this law, to guarantee the conformity of the goods with the contract of sale, to reimburse the amount paid or replace or repair the goods or provide another type of service trade related to the goods, when it does not comply with the specifications or eventually with other requirements not related to the conformity of the goods with the sales contract specified in the commercial guarantee application or in the corresponding announcement made at the time of the execution or before the contract.
2. In para. 2, the second sentence is created: "The fulfillment of the obligations assumed by the merchant under the commercial guarantee will not be related to costs for the consumer."
In art. 127 the following modifications and additions will be made:
(3) When making a complaint, persons under para. 1 will necessarily describe it in the register "since the consumer will be given a document containing the date, the number with which the claim is registered in the register, the type of goods and the signature of the person who accepted the claim".
(4) The acceptance of claims shall be carried out during all working hours at the place of business, where the goods were purchased or the service was ordered, at the address of the merchant's administration or at another place, indicated by the businessman. "The complaint may also be filed at any of the merchant's points of sale in the country where said commercial activity is carried out, as well as at the place where the merchandise was purchased." consumer.