Terms and Conditions of Rali Wine Online Store
I. SUBJECT
Art. 1. These General Terms and Conditions are intended to regulate the relationship between “Nova Valna RG” Ltd., with registered address in Radomir, 45 Rayko Daskalov St., hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as the USERS, of the online store www.rali.wine, hereinafter referred to as the ONLINE STORE.
II. SUPPLIER INFORMATION
Art. 2. Information in accordance with the Electronic Commerce Act and the Consumer Protection Act:
- Supplier name: “Nova Valna RG” Ltd.
- Registered office and address: 45 Rayko Daskalov St., Radomir
- Business address: 45 Rayko Daskalov St., Radomir
- Correspondence address: 45 Rayko Daskalov St., Radomir
- Registration in public registers: UIC BG131056044
- Supervisory authorities:
(1) Commission for Personal Data Protection
Address: 2 Prof. Tsvetan Lazarov Blvd., Sofia 1592
Tel.: +359 2 940 20 46
Fax: +359 2 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Commission for Consumer Protection
Address: 4A Slaveykov Sq., floors 3, 4 and 6, Sofia 1000
Tel.: +359 2 980 25 24
Fax: +359 2 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg
III. CHARACTERISTICS OF THE ONLINE STORE
Art. 3. The online store is accessible at www.rali.wine, through which Users have the ability to enter into contracts for the purchase and delivery of the goods offered by the ONLINE STORE, including the following:
- To register and create a user profile for browsing the ONLINE STORE and using additional services for providing information;
- To make electronic statements in connection with the conclusion or performance of contracts with the ONLINE STORE through the website interface available on the Internet;
- To conclude contracts for the purchase and delivery of goods offered by the ONLINE STORE;
- To make payments related to concluded contracts with the ONLINE STORE according to the payment methods supported by the ONLINE STORE;
- To receive information about new products offered by the ONLINE STORE;
- To review goods, their characteristics, prices, and delivery terms;
- To be informed about their rights arising from the law primarily through the interface of the ONLINE STORE website;
- To exercise the right of withdrawal from distance contracts for goods offered by the Supplier, where such right is applicable.
Art. 4. The Supplier delivers the goods and guarantees the rights of the Users as provided by law, within the principles of good faith, established practices, and applicable consumer and commercial law.
Art. 5.
(1) Users enter into a contract for the purchase of goods offered by the ONLINE STORE through the Supplier’s interface available on its website or through another means of distance communication.
(2) Under the concluded sales contract, the Supplier undertakes to deliver and transfer ownership of the goods selected by the User through the interface.
(3) Users shall pay the Supplier remuneration for the delivered goods in accordance with the conditions set out in the ONLINE STORE and these General Terms and Conditions. The remuneration is equal to the price announced by the Supplier on the ONLINE STORE website.
(4) The Supplier delivers the goods ordered by the Users within the timeframes and under the conditions specified on the ONLINE STORE website and in accordance with these General Terms and Conditions.
(5) The delivery cost is determined separately and explicitly from the price of the goods.
Art. 6.
(1) The User and the Supplier agree that all statements between them related to the conclusion and performance of the sales contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that electronic statements made by Users on the website are made by the persons specified in the data provided by the User during registration, if the User has entered the corresponding username and password for access.
IV. USE OF THE ONLINE STORE
Art. 7.
(1) In order to use the ONLINE STORE for concluding contracts for the purchase of goods, the User must enter a username and password chosen by them for remote access, in cases where registration is required.
(2) The username and password for remote access are determined by the User through electronic registration on the Supplier’s website.
(3) By filling in their details and clicking the “I accept” or “Register” button, the User declares that they are familiar with these General Terms and Conditions, agree with their content, and undertake to comply with them unconditionally.
(4) The Supplier confirms the User’s registration by sending an email to the address provided by the User, which also contains information for activating the registration. The User confirms the registration and the conclusion of the contract by clicking a link contained in the email sent by the Supplier. After confirmation, a User account is created and a contractual relationship arises between the User and the Supplier.
(5) Upon registration, the User undertakes to provide accurate and up-to-date information. The User must promptly update their registration details in case of any changes.
(6) In order to use the full functionality of the Supplier’s online store, the User is required to register on the website. The Supplier shall not be liable if, due to lack of registration, the User is unable to use the full functionality of the online store, including exercising contractual rights, claiming discounts, or accessing similar features.
(7) These General Terms and Conditions may also be accepted by Users without registration through an explicit declaration of consent, including via the ONLINE STORE website.
Art. 8.
(1) The email address provided during the initial registration of the User, as well as any subsequent email address used for communication between the User and the Supplier, shall be considered the “Primary Email Address” under these General Terms and Conditions. The User has the right to change their Primary Email Address.
(2) Upon receiving a request to change the Primary Email Address, the Supplier sends a confirmation request. This confirmation request is sent to the new Primary Email Address specified by the User.
(3) The change of the Primary Email Address is completed after confirmation by the User via a link contained in the confirmation request sent by the Supplier.
(4) The Supplier informs the User of the change by sending an email to the previously registered Primary Email Address before the change is made.
(5) The Supplier shall not be liable to the User for any unauthorized change of the Primary Email Address.
(6) The Supplier may require the User to use the Primary Email Address in specific cases.
V. TECHNICAL STEPS FOR CONCLUDING A SALES CONTRACT
Art. 9.
(1) Users primarily use the interface of the Supplier’s website to conclude contracts for the purchase of goods offered in the ONLINE STORE.
(2) The contract is concluded in the Bulgarian language.
(3) The contract between the Supplier and the User consists of these General Terms and Conditions, available on the ONLINE STORE website.
(4) The party to the contract with the Supplier is the User, according to the data provided during registration and contained in the User’s personal profile. For the avoidance of doubt, this refers to the data used to create the account with the Supplier.
(5) The Supplier provides technical means on its website interface to identify and correct errors in the entered information before the contract is concluded.
(6) This contract is considered concluded at the moment the User registers with the Supplier or accepts these General Terms and Conditions in another explicit manner, including through a declaration on the Supplier’s website. The sales contract for a specific product is considered concluded at the moment the User places an order through the Supplier’s interface.
(7) The Supplier expressly notifies the User of the conclusion of this contract and the sales contract in an appropriate manner via electronic means.
(8) The declaration for concluding the contract and the confirmation of its receipt are considered received when their recipients have access to them.
(9) The Supplier delivers the goods to the address specified by the User and shall not be liable in case the provided data is incorrect or misleading.
Art. 10.
(1) Users conclude a sales contract with the Supplier according to the following procedure:
- Registration in the ONLINE STORE and providing the required data, if the User does not already have an account, or placing an order without registration;
- Logging into the order system of the ONLINE STORE using a username and password or another identification method;
- Selecting one or more of the offered products and adding them to a list of items for purchase;
- Providing delivery details;
- Choosing a payment method and time of payment;
- Confirming the order.
(2) Users may also conclude a sales contract with the Supplier without registration by using the relevant functionality available in the ONLINE STORE interface.
VI. SPECIFIC OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The provisions of this Section VI of these General Terms and Conditions apply to Users who, based on the data provided for concluding the sales contract or during registration in the ONLINE STORE, can be considered consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act, and/or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011.
Art. 12.
(1) The main characteristics of the goods offered by the Supplier are described in the profile of each product on the ONLINE STORE website.
(2) The price of the goods, including all applicable taxes, is determined by the Supplier and indicated in the profile of each product on the ONLINE STORE website.
(3) The cost of postal and transport charges, not included in the price of the goods, is determined by the Supplier and provided to the Users at one of the following stages before concluding the contract:
– in the profile of each product on the ONLINE STORE website;
– when selecting the goods for concluding the sales contract.
(4) The method of payment, delivery, and performance of the contract are defined in these General Terms and Conditions, as well as in the information provided on the Supplier’s website.
(5) The information provided to Users under this article is current at the time it is displayed on the Supplier’s website prior to concluding the sales contract.
(6) The Supplier is obliged to indicate the delivery terms for each product on its website.
(7) The Supplier provides the total value of the order for all goods included before the contract is concluded.
(8) Users agree that all information required under the Consumer Protection Act may be provided via the ONLINE STORE interface or by email.
Art. 13.
(1) The consumer agrees that the Supplier has the right to require advance payment for concluded sales contracts and delivery of goods.
(2) The consumer independently chooses whether to pay the price of the goods before delivery or at the time of delivery.
Art. 14.
(1) The consumer has the right to withdraw from the concluded contract without giving a reason and without owing compensation or penalty within 14 days from the date of receiving the goods, by using the standard withdrawal form available on the Supplier’s website. Information about exercising the right of withdrawal is also available on the Supplier’s website. The consumer may also use another clear statement that can be recorded on a durable medium.
(2) The right of withdrawal under paragraph 1 does not apply in the following cases:
- delivery of goods made to the consumer’s order or according to their individual requirements;
- delivery of goods that may deteriorate in quality or have a short shelf life;
- delivery of sealed goods which have been unsealed after delivery and cannot be returned due to reasons related to hygiene or health protection;
- delivery of goods which, after being delivered, have been mixed with other goods and cannot be separated due to their nature;
- delivery of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
- delivery of newspapers, periodicals, or magazines, except for subscription contracts.
(3) If the Supplier has not fulfilled its obligation to provide information as required by the Consumer Protection Act, the consumer has the right to withdraw from the contract within a period of up to one year and 14 days from the date of receiving the goods. If the information is provided within the withdrawal period, the withdrawal period begins from the date the information is provided. The consumer may submit the withdrawal statement directly to the Supplier using the standard withdrawal form available on the ONLINE STORE website.
(4) When the consumer exercises the right of withdrawal from a distance contract or a contract concluded outside a commercial premises, the Supplier shall refund all amounts received from the consumer, including delivery costs, without undue delay and no later than 14 days from the date on which the Supplier was informed of the consumer’s decision to withdraw. The refund will be made using the same payment method used by the consumer in the initial transaction, unless the consumer has expressly agreed to another method and provided that this does not incur additional costs for the consumer.
(5) When exercising the right of withdrawal, the return shipping costs are borne by the consumer, and such costs may be deducted from the amount paid. The Supplier is not obliged to reimburse additional delivery costs if the consumer has explicitly chosen a delivery method other than the least expensive standard delivery offered by the Supplier.
(6) The consumer is obliged to take proper care of the goods received from the Supplier and to preserve their quality and safety during the withdrawal period.
(7) The consumer may exercise the right of withdrawal by sending a written statement to the Supplier using the standard withdrawal form available on the ONLINE STORE website.
(8) If the Supplier has not offered to collect the goods, it may withhold the refund until it receives the goods or until the consumer provides proof that the goods have been returned, whichever occurs first.
Art. 15.
(1) The delivery period and its starting point are determined individually for each product at the time of concluding the contract with the consumer through the Supplier’s website, unless the goods are ordered in a single delivery.
(2) If no delivery period has been agreed, the delivery period shall be up to 30 working days from the day following the submission of the order by the consumer through the ONLINE STORE website.
(3) If the Supplier is unable to fulfill the contract due to unavailability of the ordered goods, it must notify the consumer and refund any amounts paid.
Art. 16.
(1) The Supplier delivers the goods to the consumer after confirming that the requirements for providing information under the Consumer Protection Act have been fulfilled.
(2) The consumer and the Supplier confirm the circumstances under paragraph 1 in writing at the time of delivery by handwritten signature, unless otherwise agreed.
(3) The consumer and the Supplier agree that the requirements under paragraph 1 shall be considered fulfilled if the confirmation is made by a person who, based on the circumstances, can be assumed to pass the information to the consumer who is a party to the contract.
VII. OTHER TERMS
Art. 17. The Supplier shall deliver and hand over the goods to the User within the period specified at the time of concluding the contract.
Art. 18. The User is obliged to inspect the goods at the time of delivery and handover by the Supplier and, if they do not meet the requirements, to notify the Supplier immediately.
VIII. PERSONAL DATA PROTECTION
Art. 19.
(1) The Supplier takes measures to protect the User’s personal data in accordance with the Personal Data Protection Act.
(2) For security reasons, the Supplier will send personal data only to the email address provided by the User at the time of registration.
(3) The Supplier adopts and publishes a Privacy Policy on its website.
(4) Users agree that the Supplier has the right to process their personal data necessary for fulfilling orders in the online store and for the performance of the contract.
Art. 20.
(1) At any time, the Supplier has the right to request that the User identify themselves and verify the accuracy of any of the circumstances and personal data provided during registration.
(2) In the event that the User has forgotten or lost their username or password, the Supplier has the right to apply the established procedure for lost or forgotten usernames and passwords.
IX. AMENDMENTS AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 21.
(1) These General Terms and Conditions may be amended by the Supplier, who will notify all registered Users in an appropriate manner.
(2) The Supplier and the User agree that any amendments and additions to these General Terms and Conditions shall take effect for the User after explicit notification by the Supplier, unless the User declares within 30 days that they reject them.
(3) The User agrees that all statements from the Supplier regarding amendments to these General Terms and Conditions will be sent to the email address provided during registration. The User agrees that such emails do not need to be signed with an electronic signature in order to have effect.
Art. 22. The Supplier publishes these General Terms and Conditions on its website, together with all amendments and additions thereto.
X. TERMINATION
Art. 23. These General Terms and Conditions and the contract between the User and the Supplier shall be terminated in the following cases:
- upon termination, liquidation, or declaration of insolvency of one of the parties to the contract;
- by mutual written agreement of the parties;
- unilaterally, with notice from either party in case of non-performance of the obligations by the other party;
- in case of objective impossibility for one of the parties to fulfill its obligations;
- in case of seizure or sealing of equipment by state authorities;
- in case of deletion of the User’s registration from the ONLINE STORE website. In this case, concluded but unfulfilled sales contracts remain valid and subject to execution;
- in case of exercising the right of withdrawal under Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the respective ordered goods is terminated, where the right of withdrawal is applicable.
XI. OTHER TERMS
Art. 24. The possible invalidity of any provision of these General Terms and Conditions shall not lead to the invalidity of the entire contract.
Art. 25. For matters not regulated in this contract, related to its performance and interpretation, the laws of the Republic of Bulgaria shall apply.
Art. 26. All disputes between the parties to this contract shall be resolved by the competent court or the Commission for Consumer Protection.
