TERMS & CONDITIONS OF WEB-SITE USE www.vinetki.bg
1. SUBJECT MATTER
Welcome to the on-line store www.vinetki.bg!
Www.vinetki.bg is an on-line shopping store that allows the purchase of electronic vignettes as well as other goods and services by users who sign up at the website by filling in a registration form and giving consent to these General Terms and Conditions and users without registration.
By using the website www.vinetki.bg you agree with the Conditions for its use. Please, regularly get informed about the changes in the General conditions, and if any questions and/or comments arise in relation to our site, please contact us at the e-mail address: email@example.com or call us by dialing *5500 or 0884 00 55 00
By providing your e-mail address, you agree to receive personalized messages containing current offers and promotions presented by our advertisers and published on our on-line store.
2. SELLER DETAILS
- 2.1. Intelligent Traffic Systems AD is a company with headquarters and management address at Building 6, bl. 42A, ground floor, Opalchenska street, Serdika district, 1233, Sofia, Bulgaria with address for correspondence at Building 6, bl. 42A, ground floor, Opalchenska street, Serdika district, 1233, Sofia, Bulgaria, UIC 201988199 and VAT identification number: BG201988199, owner of the trademark „vinetki.bg”
- 2.2. Intelligent Traffic Systems AD administers the on-line store www.vinetki.bg, in the form of a website www.vinetki.bg, as well as the mobile application www.vinetki.bg
- 2.3. You can contact Intelligent Traffic Systems AD at the above address, on phone number 0884 00 55 00, *5500 or on the following e-mail address: firstname.lastname@example.org. Telephone calls are charged according to the tariff plan you use. More information can be found in the "Contact Us" section.
- 2.4 A seller in the on-line store www.vinetki.bg may be any third party or partner to whom Intelligent Traffic Systems AD has granted rights to sell the products and services offered.
3. APPLICABLE DEFINITIONS
- 3.1. "Platform" - the on-line store www.vinetki.bg, as well as the mobile application www.vinetki.bg.
- 3.2. "Seller" - Intelligent Traffic Systems AD, hereinafter referred to as ITS AD or any other third party or partner to whom ITS AD has granted rights to offer and sell the products and services offered by the Platform
- 3.3. "Customer", "User", or "Buyer" - an adult person, legal entity or other legal formation that may create an user account at the platform and enter into a distance sale contract through the e-Commerce Platform www.vinetki.bg with ITS AD.
- 3.4. "Internet Site" - the on-line store hosted on the web address www.vinetki.bg and its subdomains;
- 3.5. “Browser” is a software application which is used to reproduce documents with hypermedia and web navigation (website), display and interaction with text, images, music, video, games and other
- 3.6. "Internet site" - a separate part of a website.
- 3.7.„Interface“ is a combination of graphical objects, associated with program code, by which the User communicates with the Internet site in a mode accessible to the user.
- 3.8. „Electronic hyperlink” is a link designated in an internet page which allows automated redirecting to other internet page, information resource or object using standardized protocols.
- 3.9. "IP address" is a unique identification number associating a computer, Internet page or Customer/User/Buyer resource in a manner enabling its localizing in the global Internet.
- 3.10. „User Account“ is a separate part of the Platform, containing a username and password that allows the Customer/User/Buyer to make purchases and contains information about the Customer/User/Buyer and the history of some of its actions in the Platform (Purchases, Tax Invoices, Receipts, etc.). Customer/User/Buyer is responsible for ensuring that all the information entered in the user account is correct, complete and up-to-date.
- 3.11. „User name” is a unique code of letters, figures and symbols that the Customer/User/Buyer has chosen to individualize itself in its relations with the ITS AD
- 3.12. „Password“ is a code of letters, figures and symbols that together with the user name individualizes the Customer/User/Buyer, and which together with the user name gives access to user account.
- 3.13. "Add to Basket/Shopping Cart" Section - a dynamic section in the user account that allows the Customer/User/Buyer to add Goods or Services he/she wishes to buy at the moment of adding or at a later stage; in the event that the Goods and Services are not purchased at the moment of their adding, the Customer/User/Buyer may take advantage of the ITS AD Service for tracking the Goods and Services by receiving commercial communications from ITS AD;
- 3.14. „Good(s)/Service(s)”– any product or service offered on the Platform;
- 3.15. "Campaign" – any advertising message intended to promote the Platform, the vinetki.bg brand or certain Goods and/or Services that are available in limited quantities unless the commercial communication expressly mentions the contrary, for a period of time specified by the Seller.
- 3.16. "Contract" - represents the distance contract concluded between the Seller and the Customer/User/Buyer of Goods and/or Services through the Platform, an integral part of which are the present General Terms and Conditions for using the Platform.
- all information on the Platform that is accessible via an Internet connection and by using a device that has an Internet connection;
- the content of any message from the Customer/User/Buyer to ITS AD and/or sent by electronic means and/or any other available communication means;
- any information provided in any way by an employee/contributor of ITS AD to the Customer/User/Buyer by electronic or other means for the provision of it at a distance;
- information relating to the Goods and/or Services and/or applicable tariffs by the Seller within a certain period of time;
- information regarding the Customer/User/Buyer and related to the Goods and/or Services and/or the applicable tariffs from third parties with which the Seller has signed a partner contracts;
- Seller details.
- 3.18. "Commercial messaging" - any type of message sent via electronic communication channels (such as email, SMS, mobile device/web push, etc.) containing general and specific information, information about the Goods and Services, as well as other commercial communications such as market and consumer surveys.
- 3.19. "Specifications" - all features and/or descriptions of the Goods and Services as outlined in their description.
- 3.20. "Question" - a form of inquiry from Customers/Buyers/Users to the Seller in order to obtain information about a given Goods or Services of the Platform.
- 3.21. "Answer" - а written or electronic information that is transmitted to the Customer/User/Buyer who has asked a question in the Platform.
- 3.22. "Vignette fee and electronic vignettes" –- Vignette fees give the right to a motor vehicle, that meets the requirements of art. 10a, para 7 of the Roads Act, to use the paid road network for a certain period of time.
- 3.23. "Electronic vignette or e-Vignette" - is an electronic document within the meaning of Article 3, para 1 of the Electronic Document and Electronic Signature Act, certifying the vignette fee paid. The electronic vignette contains the unique identification number, the vehicle registration plate number data, the country in which it is registered, its category, the date of payment of the fee and the period of validity. Vignette fees are collected in accordance with the Tariff of Fees collected by the Road Infrastructure Agency and according to their period of validity.
- 3.24. „Malicious actions“ are actions or omissions that violate the Internet ethics or cause damages to persons connected to Internet or associated networks, sending junk e-mail (unwanted commercial messages, SPAM), receiving access to resources with foreign rights and passwords, using flaws in the system for personal benefit or for obtaining information (HACK), committing actions that can be qualified as industrial spying or sabotage, damaging or destroying systems or data sets (CRACK), sending “Trojan horses” or provoking installation of viruses or remote control systems, disturbing the normal operation of other Internet and associated networks users, performing any actions that may be qualified as crime or administrative infringement according to the Bulgarian legislation or any other applicable law.
- 3.25. "Force majeure" - unforeseen, at the time of conclusion of the contract, circumstances of extraordinary nature which make the provision of goods or services objectively impossible.
4. GENERAL PROVISIONS
- 4.1. The General Terms and Conditions of ITS AD bind all Customers/Buyers/Users of the Platform.
- 4.3. ITS AD reserves the right to update and modify the Platform's General Terms and Conditions periodically to reflect any changes to the way the website operates and the conditions or any changes to the legal requirements. The amended General Terms and Conditions may enter into force for Customers/Users/Buyers as of the time they are posted to the Platform. In the event of such a change, we will post to the Platform the amended version of the Document, which is why we ask you to periodically and regularly inquire about new versions of the terms and conditions and periodically review their content. For any transaction executed through the Platform, the General Terms and Conditions that were in force at the time of the conclusion of the distance sales contract between the Customer/User/Buyer and the Seller were applied.
- 4.4. If any of the provisions of these General Terms and Conditions for use of the Platform are found to be invalid or inapplicable, regardless of the reason for this, this shall not result in the invalidity or inapplicability of the other provisions and the invalid provision will be replaced by a valid one under current Bulgarian legislation.
- 4.5. ITS AD makes great efforts to maintain the accuracy of the information presented in the Platform. However, given possible technical errors and/or omissions in this information, for which ITS AD is not responsible, cannot be excluded.
- 4.6. The distance sales contract (the Contract) through which the Customer/User/Buyer purchases goods/services using the Platform provided by ITS AD is different from these General Terms and Conditions, as when making an electronic statement for the conclusion of the distance sale contract, the Customer/User/Buyer agrees to these General Terms and Conditions as well as to the content of the Contract.
4.7. ITS AD maintains the Platform as platform owner, and in certain cases is not a party to distance sales contracts when the contracts are signed by ITS AD Partners using the Platform,
and ITS AD is not liable in the following cases:
- - For damage caused by incorrect behavior of partners, providing Goods/Services via the website owned by ITS AD:
- - For any deficiencies and/or other claim and/or legal liability within the meaning of the Consumer Protection Act in respect of the goods purchased by the Customers/Consumers/Buyers via the website, as well as if conditions or prices in offers advertised on the website by the partners of ITS AD prove to be false or misleading;
- - For violation of copyright and related rights through the positioning of materials subject to these rights provided by the ITS AD partners offering the goods/services via the website owned by ITS AD;
- - For damages caused by other sites available through links/banners placed on the website;
- - For all damages caused to the Customers/Users/Buyers in the provision of the service, except for deliberately caused damages (by ITS AD employees);
- - If the Customer/User/Buyer forgets his or her User account logged on to a computer or in any other way allows and/or admits to be used by third parties who have abused his/her registration;
- - For damages that occurred in the absence or interruption of accessibility to the which are independent of the website's team.
- 4.8. The username with which the Customer/User/Buyer has sign up does not give him/her any rights other than the right to use the specific username within the ITS AD Information System. When the User changes his/her username, ITS AD does not verify and is not responsible for the authenticity of the new username, whether it affects the rights of third parties and in particular the right of name or other personal rights, the right of trade name (company), right of trademark or other intellectual property.
- 4.9. The Customer/User/Buyer undertakes when uses the access granted to the platform, to: comply with the Bulgarian legislation, the applicable foreign laws, the present General Terms and Conditions, the Internet Ethics, the rules of morality and the good manners, not to violate any foreign property or non-material rights, including intellectual property rights; to immediately notify ITS AD of any case of an committed or found violation; not to interfere with the correct operation of the system, including but not limited to not hindering the user's identification procedure, not to access beyond of the provided one, not to impair or impede the availability, reliability or quality of the access granted, nor to use it in a way, causing refusal to use it; not to retrieve by technical means or in a technical way information resources or parts of information resources belonging to the databases located on the Site and thus not to create its own database in electronic or other form; not to impersonate another person or otherwise mislead third parties about their own identity or belonging to a particular group of people; not to perform malicious acts within the meaning of these General Terms and Conditions.
- 4.10. Each of the partners of ITS AD, as well as the signed up Customers/Users/Buyers on the website - potential buyers of the promoted goods/services, itself authorize ITS AD as follows: to negotiate through its information platform, maintained by him; and/or upon request by ITS AD to conclude as well as to register the contracts concluded between the partners of ITS AD and the Customers/Users/Buyers of the goods/services; including on behalf of the authorizing persons, to accept and forward payments made on contracts concluded between a particular trader and a consumer for the purchase of a good/service from a distance, with advance payment or payment of the price of the goods by means of a charge or through a payment system without compensation.
- 4.11. Customers/Users/Buyers may use all the services offered on the website for personal, non-profit purposes and provided that the copyrights of ITS AD or third parties directly or indirectly linked to the materials on the website are not infringed. Except as expressly agreed, the User may not reproduce, modify, delete, publish, distribute and disclose in any other way, the information resources published on the ITS AD website.
- 4.12. ITS AD reserves the right to assign the rights to publish materials and other information posted on the Site to third parties subject to a further written agreement governing the relationship between ITS AD and the person making the information.
- 4.13. When purchasing a product that is the subject of copyright and/or patent rights, ITS AD does not grant any additional rights of use and distribution other than the rights and/or licenses expressly mentioned for the product.
- 4.14. All the goods/services purchased through the information platform, maintained by ITS AD are protected under the Copyright and Related Rights Act and are provided to the Customers/Users/Buyers in their original form without any influence on the part of ITS AD and under the licenses and distribution rights granted to the Republic of Bulgaria.
- 4.15. Links placed on the website leading to other sites owned by third parties are published for the convenience of Customers/Users/Buyers. When using such type of link, Customers/Users/Buyers do not use a service provided by ITS AD, and regarding the use of the links outside the website, these Terms and Conditions do not apply.
- 4.16. ITS is not responsible for the information and/or content of other sites owned by third parties by not imposing or recommending the use of these sites or the information published therein. The potential risks associated with the use of such websites are borne by the Customers/Users/Buyers.
5. CONCLUSION OF CONTRACT
- 5.1. The Customer/User/Buyer declares his/her willingness to purchase Good and/or Service through the Platform by signing a contract for purchase and sale by electronic means.
- 5.2. Seller will send a notice to the Customer/User/Buyer of the Purchase made in his system. This notification is made by the seller through electronic means (email) or by phone only in cases where the Customer/User/Buyer has opted to make a purchase by signing up. ITS AD is not responsible to notify the Customer/User/Buyer in the event that the latter has not provided an email or telephone for contact.
- 5.3. The seller has the right not to deliver any or all of the Goods or not to perform part or all of the Services of the Order for a variety of objective reasons, including but not limited to the exhaustion of their stock availability. In any case, the Seller notifies the Customer by email or phone.
- 5.4. The purchase contract concluded between the Buyer and the Seller consists of the present General Terms and all possible additional agreements between the Seller and the Buyer.
6. ONLINE SALES POLICY
- 6.1. Access to the Platform for the purpose of Purchase is allowed to any Customer/User/Buyer, whether the latter has made the Platform's registration or not.
- 6.2. ITS AD reserves the right, in its sole discretion, to restrict the access of any Customer/User/Buyer to the execution of a Purchase and/or any of the possible payment methods if it considers that this would be to the detriment of ITS AD in any way. In this case, the sole right of the Customer/User/Buyer is to send an official written request to ITS AD or an electronic inquiry by e-mail: email@example.com, in order to be informed of the reasons which have led to the application of the above-mentioned measures. ITS is not liable for any damages that the Customer/User/Buyer has suffered or may suffer as a result of this decision, regardless of its correctness or reasonableness.
- 6.3. Communication with the Seller may be made through a direct connection to the Seller, on phones with the numbers *5500 or 0884 00 55 00 or at the specified addresses in the "Contact us" section of the Platform.
- 6.4. With the exception of vignette fees/electronic vignettes, which represent a state fee for use of the national road network and for which no VAT is charged, all prices of the Goods and/or Services of the Platform are final and are declared in BGN with VAT included and any other taxes or fees required by law.
- 6.5. If the goods has several modifications, the price for each of the modifications is indicated on its page. ITS AD has the right at any time and without notice to make changes to the published products, services, prices and other characteristics of the Goods and the Customers /Users/Buyers are deemed to be informed of the changes as of the date of their publication. The information on part of the published products may not be updated, but in any case, Customers/Users/Buyers will be notified in the event of an order made on the Site through the on-line purchase form prior to their delivery regarding unannounced information on the Site related to products ordered. Some of the information posted on the Site may refer to products, services or programs, which are currently not offered and are unavailable.
- 6.6. ITS AD has the right to change the prices stated in the Site at its sole discretion at any time and without having to notify the Customers/Users/Buyers in advance. The Customer/User/Buyer is required to pay the price that was stated on the Site during the execution of the order, regardless of whether it is lower or higher than the updated price. In case of technical errors in the published information on the Site, as a result of which the order cannot be executed, ITS AD has the right to refuse the completion of the order by not paying compensation to the Client/User/Buyer.
- 6.7. Seller does not bear any liability for any expenses in connection with fees, commissions or other additional payments made by the Customer/User/Buyer or his bank in connection with the transaction itself, as well as in the case of exchange of currency, applied by the bank which issued the card to the client in cases where the currency is different from BGN. The expenses associated with such payments are at the expense of the Customer/User/Buyer. For this reason, ITS AD recommends to its clients to consult with their bank about any additional fees that could be charged to them on online payments or those made through a bank for Products sold by ITS AD.
- 6.8. The Customer/User/Buyer may pay the value of the ordered goods according to the confirmed order only by means of a bank card to the ITS AD bank account specified on the Platform and only when the payment is confirmed as received and the bank account is credited with the corresponding amount ITS AD shall deliver the ordered goods or activate the electronic vignettes on its own behalf or on behalf of and for the account of the ITS AD partners.
- 6.9. Where the ordered goods require delivery, the latter shall be made in accordance with the options and deadlines specified on the Site. ITS AD reserves the right to extend the above terms with up to 7 (seven) calendar days without informing the Customers/Users/ Buyers in advance and extending the deadlines by more than 7 (seven) calendar days with the prior consent of the User who has requested the delivery.
- 6.10. ITS AD may request additional confirmation from Customer/User/Buyer for the order, including by telephone or e-mail. If the Customer/User/Buyer denies to provide the information requested by ITS AD, the refusal to provide it leads to automatic cancellation of the order with additional notice to the User.
- 6.11. The seller is under no obligation to assembly and install the delivered goods in the event that the latter imply installation.
- 6.12. The seller is not liable for late delivery due to circumstances beyond his control, such as delay by the courier delivering.
- 6.13. When making the delivery, the goods should be carefully inspected by the Customer/User/Buyer and/or a person authorized by him/her. When detecting external visible defects - any damage, hits and other damages found during delivery, the Customer/User/Buyer should sign a damage report in the presence of a courier describing the defects found and immediately notify ITS AD on phone 0884 00 55 00, *5500 or the following e-mail address: firstname.lastname@example.org.
- 6.14. Upon acceptance of the delivery by the Customer/User/Purchaser without any comments, any and all subsequent claims for external visible defects of the goods received will be unreasonable and as such should not be satisfied. In the event that a damage report is not prepared and signed in the presence of a courier upon receipt of the goods and/or does not immediately notify ITS AD on phone phone 0884 00 55 00, *5500 or the following e-mail address: email@example.com, The Customer/User/Buyer loses the right to remove the identified external visible defects in accordance with the sales contract.
- 6.15. In the case of incorrect or incorrect address, contact person and/or telephone during the filing of the application, ITS AD shall not be liable for incorrect execution of the order as a result of the false information submitted by the Client/User/Buyer.
- 6.16. The goods are delivered by the courier to the Customer/User/Buyer, accompanied by an invoice issued by the Seller and fully completed - instructions for use in Bulgarian language, warranty card, etc. as in the case of the delivery of the goods, the Client/User/Buyer or a third party indicated by him/her shall be obliged to sign the accompanying documents and the acceptance protocol, issued oh a form of the ITS AD. A third person is considered to be any person who is not the owner of the application but accepts the goods upon delivery on the delivery address specified by the Customer/User/Buyer. By signing the accompanying documents, the Customer/User/Purchaser or the third party specified by him/her declare that they have received the goods with the fully completion described above.
- 6.17. When electronic vignettes are sold, they are activated only after confirmation of payment by the customer bank. The Customer is responsible for the data submitted, registration plate number, nationality of the registration plate number, vehicle category, emission class and initial validity date. In case of incorrectly entered or declared data, the seller does not owe a refund.
- 6.18. If the Customer/User/Buyer is not found at the address specified by him/her within the delivery period and/or not be provided access to the delivery address, Seller is released from the obligation to deliver the requested goods and the Customer/User/Buyer loses the opportunity for his goods to be delivered to him/her. In this case the Customer/User/Buyer owes the Company the reimbursement of courier costs incurred by the company in attempting to deliver the ordered goods for the value of which the Customer/User/Buyer will be notified by the company at the e-mail address provided by him/her, including the Seller is entitled to unilaterally deduct the value of these costs from the price paid by the Customer/User/Buyer for the ordered goods.
- 6.19. Regarding reclamations and complaints relating to the purchased goods and/or service, the Customer/User/Buyer has the opportunity to do so under the relevant legal procedure.
- 7.1. Seller is entitled to use subcontractors (partners, couriers, etc.) to fulfill his obligations under the distance sales contract concluded through the Platform without the need to notify or obtain the consent by the Customer/User/Buyer for that.
8. THE RIGHT OF INTELLECTUAL AND INDUSTRIAL PROPERTY (copyright);
- 8.1. All elements of the Site's content, including design, domain name, trademark, databases, text, drawings, graphics, sketches, designs and other information or elements, constitute an intellectual property object within the meaning of the Copyright and Related Rights Act, the Trade Marks and Geographical Indications Act and the Industrial Design Act and are subject to intellectual property rights of ITS AD or are granted for use of ITS AD.
- 8.2. Intellectual property rights on all intellectual property sites - materials, databases, and other resources, positioned on the site are protected under the Copyright and Related Rights Act and/or the Marks and Geographical Indications Act and may not be used by any other person in violation of applicable laws.
- 8.3. Each Customer/User/Buyer undertakes to use the Platform to comply with Bulgarian legislation, these General Terms and Conditions, by agreeing and acknowledging that ITS AD owns all intellectual property rights and the User undertakes not to modify, adapt, copy, reproduces or otherwise uses the information published on the site.
- 8.4. ITS has and retains all intellectual property rights in any way connected with the Platform, whether they are be its own or obtained through contractual licenses or in any other lawful manner.
- 8.5. Nothing in the distance contract concluded between ITS AD and the Customer/User/Buyer will be considered as an authorization from ITS AD to copy, distribute, publish, make available to third parties, modify in any way whatsoever part of the Content, including but not limited to the content of the trademarks, logos, multimedia content of the Platform, or descriptions of Products or Services in any way, including by introducing any content external to the Platform, the removal of the signs indicating ITS AD property rights on the Content. The Customer/User/Buyer may not also transfer, sell, distribute materials created by reproducing (copying), modifying or publishing the Content except with the explicit consent of ITS AD.
- 8.6. The Customer/User/Buyer may only copy, transfer, and/or use the Content for personal, non-commercial purposes unless this is contrary to what is provided in this chapter of this document.
- 8.7. The common sending to the Customer/User/Buyer or reference to the Content or parts of it by ITS AD will not be considered as an agreement on the part of ITS AD to allow the Customer/User/Buyer to use the Content or parts thereof for its own purposes, other than their personal needs, regardless of the means of communication used by ITS AD.
- 8.8. Any use of the Content for purposes other than those expressly permitted in these General Terms and Conditions or any other explicit written consent given by ITS AD is prohibited.
- 8.9. ITS has the right at any time and without prior notice to remove any content on the site that it considers to be inconsistent with the applicable Bulgarian legislation, the present General Terms and Conditions or the rights and legitimate interests of third parties, to suspend, restrict or alter the services provided to the Customer/User/Buyer, as well as to address the matter to the competent state authorities if, in the judgment of ITS AD, the Client/User/Buyer violates the provisions of the current Bulgarian legislation, the present General Terms and Conditions or the rights and legitimate interests of third parties.
- 8.10. In the event Customer/User/Buyer considers that materials posted on the Site are violating someone's intellectual property rights, they should contact ITS AD through the channels, listed in the "Contact us" section of the home page and to clarify their concerns or objections, in order to take the necessary measures.
- 9.1. The Customer/User/Purchaser may make Purchases to the Platform by adding the Goods and/or Services in the My Cart tab by following the steps specified in the Platform to complete and submit the Purchase.
- 9.2. Any Goods and/or Service added in the "Add to basket" section can be purchased. Adding Goods and/or Service to the "Add to basket" section does not lead to the realization of the purchase until it is paid.
9.3. The Customer/User/Buyer undertakes and is responsible for ensuring that all data provided to ITS AD in connection with the Purchase are true, complete and accurate at the date of Purchase. The minimum data required for the purchase of an e-Vignette is as follows:
- - For heavy goods vehicles, vehicle Category 1 - registration plate number, country of registration, category and emission class, period of validity of e-Vignette;
- - For heavy goods vehicles, vehicle Category 2 - registration plate number, country of registration, category and emission class, period of validity of e-Vignette;
- - For passenger cars and light goods vehicles, vehicle Category 3 - registration plate number, country of registration, category and period of validity of e-Vignette;
- 9.4. By making a Purchase, the Customer/User/Buyer authorizes ITS AD to contact him/her in any possible way, whenever necessary, in connection with the purchase or the concluded Contract.
9.5. The Seller has the right to refuse to execute (cancel) the Order made by the Customer/User/Buyer, of which the Customer/User/Buyer shall be notified. Cancellation of the order does not entail any liability or consequent liability of either party to the other party in relation to it, and respectively none of them shall have the right to seek compensation from the other party for its cancellation in the following cases:
- non-acceptance by the Customer/User/Buyer's bank of the on-line payment transaction;
- execution of the monetary transaction, which does not lead to payment of funds to the Seller's account for on-line payments;
- the data provided by the Customer/User/Buyer in the Platform is incomplete and/or incorrect.
- poor financial reputation of the Customer/User/Buyer and available outstanding debts to ITS AD by the Client/User/Buyer.
10. RIGHT OF REFUSAL
- 10.1. Due to the specificity of its service, ITS AD offers to the Customers/Consumers/Buyers in their own name and for their own account, as well as on behalf of and for the account of the ITS AD partners, the possibility of denying purchased goods through the Platform and returning a payment made, not later than 14 (fourteen) days from the date of purchase of the good.
10.2. In order to exercise its right of withdrawal, the Customer/User/Buyer should notify ITS AD of his/her names, geographical address and, if any, telephone, fax and e-mail address, as well as his/her decision to withdraw from the contract by unambiguous application (for example a letter sent by post, fax or e-mail). The Customer/User/Purchaser may use the enclosed standard withdrawal form, but this is not required:
Standard form to exercise the right of withdrawal (fill in and send this form only if you wish to cancel the contract)
To the attention of
Intelligent Traffic Systems AD is a company with headquarters and management address at Building 6, bl. 42A, ground floor, Opalchenska street, Serdika district, 1233, Sofia, Bulgaria with address for correspondence at Building 6, bl. 42A, ground floor, Opalchenska street, Serdika district, 1233, Sofia, Bulgaria, UIC 201988199 and VAT identification number: BG201988199
I/we hereby notify you * that I/we are withdraw * from the contract concluded by me and the merchant through your shopping platform "www.vinetki.bg" for the purchase of the following goods */for the provision of the following service *:
Order number: .........................
Date of order: ..............................
Order confirmation received on: /email/ ................................................... /Date: ....................
– Received on * ......................................................................................................................
– The user's (s) full name (s)
– Address of the user (s)
– Phone number of the user (s) ............................................................................................
– The user's (s) e-mail address
Bank account of the user (s) on which the amounts paid are refunded
Account holder .........................................
– – Signature of the user (s) ..........................................................................................
(only if this form is on paper)
– Date ....................................
*Delete as appropriate.
10.3. The Customer/User/Purchaser may also fill in and submit electronically the Standard form to exercise the right of withdrawal or other unambiguous request to withdraw via the site, by e-mail at: firstname.lastname@example.org, and if he/she uses this opportunity, ITS AD will immediately send via a secure media (e-mail, for example), a return message confirming receipt of the refusal. In order to comply with the withdrawal period, it is sufficient that the Customer/User/Buyer should send his/her notice regarding the exercise of his/her right of withdrawal before the expiration of the withdrawal period. In the event that the Customer/User/Buyer withdraws from the distance sales contract concluded with the Seller, ITS AD will reimburse all payments received, with the exception of additional payment and delivery costs for each order placed on the Site without undue delay and in any event not later than 14 (fourteen) calendar days from the date on which the Customer/User/Buyer informs ITS AD of its decision to withdraw from the contract. ITS AD will perform the reimbursement only on a bank or card account of the customer. ITS AD has the right to delay the reimbursement of the payments to the return of the goods or until evidence is provided that the goods have been return dispatched, whichever is the earlier.
The Customer/User/Buyer should send to ITS AD or return the Goods without undue delay and in any case no later than 14 (fourteen) days after the day the Client/User/Buyer informed ITS AD of his/her refusal of the contract. The deadline shall be considered to be complied with if the Client/User/Buyer returns the goods to ITS AD before the end of the 14-day period. The Customer/User/Buyer should assume the direct cost of returning the goods as courier delivery costs. The Customer/User/Buyer is solely responsible for reducing the value of the goods as a result of testing them, other than what is necessary to establish their nature, characteristics and good functioning.
- 10.4. The right of withdrawal outside the commercial site does not apply in the following cases: for purchased and activated electronic vignettes, for the provision of services where the service is fully provided and its execution has begun with the explicit prior consent of the user and confirmation by him that he knows that he will lose his right of withdrawal once the contract is executed entirely by the trader; for the supply of goods or services the price of which depends on fluctuations in the financial market and which cannot be controlled by the trader as well as those which may occur during the period for exercising the right of withdrawal; for the delivery of goods made on the individual order of the consumer or according to his individual requirements; for the supply of goods which, by their nature, may deteriorate or have a short shelf life; for the supply of sealed goods unpacked after delivery and cannot be returned for reasons of hygiene or health protection; for the supply of goods which, after being supplied and by their nature, have been mixed with other goods from which they cannot be separated; for the supply of alcoholic beverages the price of which has been agreed at the time of conclusion of the contract of sale, the delivery of which may be effected not earlier than 30 days after the conclusion of the contract and the actual value of which depends on fluctuations in the market cannot be controlled by the merchant; where the consumer has explicitly requested the trader to visit it at his home for the purpose of carrying out urgent repairs or maintenance work; where, in the course of such a visit, the trader provides other services in addition to those requested by the consumer or supplies goods other than the spare parts necessary for the repair or maintenance, the right of withdrawal shall apply to those additional goods or services; for the supply of sealed audio recordings or video recordings or sealed computer software which are unpacked after delivery; for the supply of newspapers, periodicals or magazines, with the exception of contracts for the subscription of such publications; concluded during a Public Auction; for the provision of accommodation services which do not have the purpose of permanent residence, transporting goods, renting out cars, catering or providing services related to recreational activities if the contract provides for a specific date or period for implementation; to provide digital content that is not supplied on a physical medium when implementation has begun with the explicit consent of the consumer who has confirmed that he knows he will lose his right of withdrawal in this way.
11. PERSONAL DATA PROCESSING AND CONFIDENTIALITY
- 11.1. The Customer/User/Buyer agrees that by providing any personal or other data to ITS AD, he/she agrees that they may be used by the latter for the following purposes on ITS AD: (1) maintaining the Customer/User/Buyer's account, including registering orders, sending ordered products, performing the ordered services, billing, resolving disputes with Customers/Users/Buyers regarding their Orders or processing their requests; (2) sending commercial messages, periodic notifications by email or via SMS; (3) conducting market research, tracking and monitoring sales and customer/consumer behavior.
- 11.2. The Customer/User/Buyer agrees to provide ITS with unlimited volume and time access to any materials and information that they send to the Seller through or in connection with the Platform, regardless of whether it has made a Purchase and whether it has made a transaction through the Platform. ITS has the right to use, reproduce, publish, modify, transfer and distribute this information or materials. The Client expressly agrees that ITS AD may freely use and process for its own purposes the ideas, concepts or know-how that the Client has provided to him in any way through or in connection with the Platform or the actions/inactions that the Customer has made through or in connection with the Platform. ITS has no obligation to keep the information thus obtained as confidential, insofar as this is not imputed to it by the applicable legislation.
- 11.3. By providing your personal data to ITS AD (including email), the Customer/User/Buyer expressly agrees to be contacted by ITS AD or third parties who are couriers, suppliers of marketing services, government, municipal or non-governmental agencies, or insurance or financial service companies where this is provided for under the specific legislation and other companies with which ITS AD may develop general merchandising programs and/or Market Services, etc.
12. COMMERCIAL MESSAGES
- 12.1. At the moment in which the Customer creates an account on the Platform, Customer/User/Buyer has the opportunity to express his/her consent to receive a Commercial Messages.
- 12.2. The Buyer/User may waive his/her consent given to the Seller to receive Commercial Messages, which may be done at any time by changing the settings in his/her Account or by contacting the Seller.
- 12.3. The refusal to receive Commercial Communications does not mean an automatic denial of the given consent to the conclusion of this distance sales contract.
12.4. After adding Goods or Services to the following section in the user account:
12.4.1. "My Cart", Seller will notify Customer/User/Buyer about:
- Change the cost of Goods or Services in the "My Cart" section;
- The presence of Goods in the "My Cart" section;
12.5. Upon purchase of a Goods or Service, ITS AD will send to the Customer/User/Buyer commercial massages about:
- Suggestions for goods or services that are recommended to be used together with the goods or services purchased.
12.6. The Customer/User/Buyer may withdraw at any time after receipt of Commercial Communications pursuant to Art. 11.2 above by clicking on the unsubscribe link posted in the commercial communications received from ITC AD or by contacting ITC AD for this purpose.
In addition, we may use your data for market and consumer research purposes. We do not use data collected in the context of market and consumer surveys for advertising purposes. Detailed information (especially regarding the evaluation of your publications) can be found in the context of the survey or in the place where you make your publications. Your responses to user surveys will not be sent to third parties nor published. You can object to the use of your data for market research purposes at any time for free by clicking on the unsubscribe link posted in each message or by contacting ITS AD.
13. INVOICING - PAYMENT
- 13.1. The prices of the Goods and Service announced in the Platform are final.
- 13.2. Prices of vignette fees and tolls do not include VAT. They represent a state fee for the use of the Republican Road Network set out in the Ordinance on the conditions, procedures and rules for the construction and operation of a mixed tolling system for different categories of road vehicles based on time and distance traveled will be necessary.
- 13.3. The price, method of payment and payment period for the issue of electronic invoices are listed on www.vinetki.bg at the time of purchase.
- 13.4. The Customer/User/Buyer is obliged to provide all necessary information for issuing the invoice or the electronic vignette receipt in accordance with the Bulgarian legislation in force.
- 13.5. The Seller shall issue to the Customer/User/Buyer a document for the electronic vignette purchased on the basis of the information provided by the Customer, and upon receipt of the vignette fee, a receipt for an electronic vignette which is an electronic document within the meaning of Article 3 .1 of the Electronic Document And Electronic Signature Act.
- 13.6. ITS AD issues an electronic vignette receipt for each purchase payment of an electronic vignette offered to the Platform by ITS AD. The Customer/User/Purchaser has agreed to receive such documents electronically through their creation to print or save as a .PDF file on the Platform as the last step of purchase. All Customers/Users/Buyers on www.vinetki.bg will receive such a document electronically if they have provided an e-mail address. If these payment documents are unavailable or received after more than 48 hours (forty-eight) hours, please let us know at the email address: email@example.com or fill in the inquiry form on the site www.vinetki.bg.
- 13.7. In order to properly compile the Purchase Order document for the respective Order, the Customer/User/Buyer is obliged to update the details in his User account in a timely manner. He is obliged before the purchase to review the information to make sure it is complete, true and accurate.
- 13.8. On his/her account, the customer will have a record of the electronic vignette cards issued by ITS AD and can store or archive them at any time.
14. USING COOKIES
15. FORCE MAJEURE CIRCUMSTANCES
- 15.1. Neither party will be held responsible for any failure to perform its contractual obligations if such non-performance is due to force majeure. Force majeure is an unpredictable event beyond the control of the parties that cannot be avoided.
- 15.2. If, within 14 (fourteen) days of the date of occurrence of the Force Majeure incident, it continues to act and impedes the performance of the Contract, either party shall have the right to notify the other party of the termination of the Contract without incurring the other indemnity for any damage suffered.
- 15.3. Seller is not responsible for any suffered by the Client/User/Buyer damages incurred as a result of force majeure or that are beyond the control of the Seller.
16. APPLICABLE LAW - JURISDICTION
- 16.1. This Treaty is subject to all provisions of the Bulgarian legislation in force. Any disputes arising between ITS AD and Customers/Users/Buyer will be resolved by mutual consent or, if that is not possible, disputes will be settled before the competent Bulgarian courts without infringing the rights of the consumers within the meaning of the protection of consumers according to Art. 18 of Regulation 1215/2012.
These Terms and Conditions have been accepted and will enter into force on 15 December 2018.
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