Terms & Conditions ecigarette
1. SUBJECT MATTER
1.1. This document is the general terms or conditions of use of a virtual platform for the sale of goods www.ecigarette.bg and its subdomains that govern the rules of use, including the conclusion of a purchase contract with this e-shop. By placing an order from the site www.ecigarette.bg, the customer declares that he is familiar with these General Terms and agrees to be bound by his relationship with the Seller.
1.2. These General Terms and Conditions comply with the requirements of the Consumer Protection Act (APA) with the following https://kzp.bg/, as well as with the other normative acts in force in the Republic of Bulgaria. On 09.01.2016, the Electronic Consumer Dispute Resolution Online Platform (ODS Platform) is launched - its address ishttps: //ec.europa.eu/
2.1. Seller - Koketna or any partner of Koketna.
2.2. Customer - any natural or legal person or other legal entity that uses the Seller's site in any way, including but not limited to looking at it, making orders from it, buying, returning goods, and more.
2.3. Site - a virtual platform for selling goods located on the domain www.ecigarette.bg and its subdomains.
2.4. Account - a section of the Site, formed by an email address and a password that allows the Customer to send the Order and which contains information about the Customer.
2.5. Favorite - a section in the account that allows the Buyer / User to create their own favorite product lists.
2.6. Order - an electronic document representing a communication form between the Seller and the Buyer through which the Buyer declares to the Seller, through the Site, his intention to purchase Goods and Services from the Site.
2.7. Goods and Services - any subject of the sales and purchase contract from the Site.
2.8. Promotions - any commercial message intended to promote certain Goods and / or Services that are available in limited quantities unless expressly stated otherwise in the commercial communication for a specified period of time specified by the Seller.
2.9. Contract - represents the distance contract between the Seller and the Buyer for the purchase and sale of Goods and / or Services on the Site, integral part of which are the present General Terms and Conditions for use of the Site.
• all the information on the Site that is accessible via an Internet connection and using a device that has an Internet connection
• Information relating to the Customers and related to the Goods and / or Services and / or the applicable tariffs from third parties with which the Seller has in some form concluded contracts of patronage
• Seller's data or other data related to the seller
2.11. Newsletter - means of informing periodically about the Goods and Services offered by the Seller and sent electronically via e-mail or SMS without engaging or warranting Seller's liability for the information contained therein.
2.12. Reimbursement - the Seller's action to refund the Buyer as a result of the cancellation or non-execution of a contract for the sale and purchase on the Site, made solely by bank transfer.
2.13. Specifications - All features and / or descriptions of the Goods and Services, as specified in their description, provided by the manufacturer.
2.14. Assessment - A method of expressing the level of satisfaction of a User / Client / Buyer with respect to a particular product. The rating is expressed on a scale of 1 to 5 (the lowest is 1, the highest 5). This degree of satisfaction will always be accompanied by the review written by the User / Customer / Buyer of a product or service.
3.1. Sellers' newsletters containing information about trade discounts and other promotions are also sent by Seller's partners.
3.2. At the time the Customer creates an account on the Site or makes an order, agrees to receive Newsletters and / or SMS messages from the Seller, as well as messages about orders of goods and confirmations of change of data.
3.3. Your refusal to receive a Bulletin may be expressed at any time using the special link found in any Bulletin or by phone at 0896699961.
3.4. If, after a refusal to receive the Newsletters, the User makes an order, he / she is deemed to have again agreed to receive the Newsletters.
3.5. The refusal to receive a Bulletin does not mean an automatic waiver of the given consent to the conclusion of this contract.
3.6. By providing Seller's data (including email, telephone), the Customer expressly agrees to contact the Seller or third parties who are Seller's partners and are suppliers of marketing services, government, municipal or non-governmental agencies or companies from the field of insurance where this is provided by the specific legislation, as well as other companies with which the Seller may develop general programs for the offering of Goods and / or Services on the market, etc.
3.7. Seller reserves the right to choose whom to send the Newsletters, as well as to remove from its database a User who has given his / her consent to receive the Newsletters.
3.7. Customers are responsible for protecting the privacy of their password and account and are fully responsible for all actions performed through their account or password. Seller advises them to unsubscribe at the end of each session by pressing the Exit button.
4.1. A customer may order an e-shop, but must indicate:
• valid e-mail address
• a true address for delivery of the goods
• True contact details - two names, phone
4.2. The Customer undertakes and is responsible for all the details of the purchase that he has ordered through his completed and sent to the Seller order to be true, complete and accurate on the date of sending the order.
4.3. Each one added to the Purchase, Purchase, and / or Service shopping cart is available for purchase within the available quantities. Adding a Goods and / or Service to a shopping cart does not result in the order being registered and automatically preserving the Goods / Service. The order is activated by clicking on the second button "Buy" and after the site loads the complete information about the order order (ordered items, delivery date and address).
4.4. When a successful order is made, the user receives an order confirmation by e-mail at the email address specified by the customer (Koketna is not responsible if the Customer does not receive this email). The email confirmation indicates the order, the order number, the date and time of the order. Phone confirmation is only required if additional information or order specification is required.
4.5. By sending the order, the Customer authorizes the Seller to contact him in any possible way when this is necessary in connection with the order made or the concluded Contract.
4.6. The Seller has the right to refuse to execute (cancel) the Order made by the Customer, which shall notify the Customer thereof. Cancellation of the order shall not give rise to any liability or consequent liability of any party to the other party in relation to it, and respectively none of them shall have the right to seek damages from the other party for its cancellation in the following cases:
• realization of the monetary transaction, which does not lead to the payment of funds to Seller's account when making on-line payments
• the data provided by the Customer on the Site is incomplete and / or incorrect.
4.7. In the event that the Customer requests to terminate the Agreement within the withdrawal period granted to the Seller by Seller, the latter undertakes to return the paid pre-order within 14 (fourteen) days from the date on which he receives the Customer's notice that renounces the treaty. The amount will be refunded as follows:
• Payments made by debit or credit card - by reimbursement to the account from which the payment was made
• Payments made by means of a charge on a bank account, provided by the Client
4.8. The seller is entitled to delay the refund in case of withdrawal of a Contract until the goods are sold.
4.9. Only consumers within the meaning of the Consumer Protection Act have the right to return goods and in the case that the goods are of a reserved type and are accompanied by an undamaged packaging, label and bar code.
4.10. In the event that ordered and prepaid Goods and / or Service from the Customer can not be delivered / provided by the Seller, the latter will inform the Customer thereof and will refund to the Client's account the already paid Goods and / or Service within the 7 / seven / days from the date on which the Seller has established this fact or from the date on which the Buyer expressly expressed his wish to terminate the Contract.
4.11. The customer may refuse an order without having to mention the reasons for the refusal.
4.12. Cancellation of an order can be made by phone or e-mail (email) to the e-mail address given at the site: e-mail: email@example.com. To be valid, the user must provide: the order number, the phone number left in the order, the two names with which it is registered, the email address (s) with which it is registered, the value of order.
5.1. The payment of the ordered goods can be made in three separate or in combination with each other, regardless of the method of payment chosen, the payment amount is the same and no additional handling fees are charged.
• With "cash on delivery" - payment in cash of the courier upon delivery.
• By credit or debit card.
• With payment from availability in the virtual portfolio.
5.2. For each ordered item, the user has to pay the price announced in the online store at the time of the order. The price of each commodity can change dynamically.
6. DELIVERY OF GOODS
6.1. Deliveries are only made to successful orders. When packing the ordered goods, the user is notified by e-mail that the goods are delivered to a courier for transportation to the respective address.
6.2. The cost of delivering products offered by the Seller should be disclosed in the delivery terms on www.ecigarette.bg. The terms and the price of delivery of the products to the Seller will be brought to the attention of the Customers on the respective Delivery and Payment page.
6.3. Deliveries of ordered goods do not take place on Sundays and public holidays.
• Ordinary delivery - within 4 / four / business days from confirmation of the order by our consultant by e-mail or telephone - for available items in stock.
• Extended delivery - within 30 calendar days from the confirmation of the order by our consultant by email or telephone - for items that are requested by our partners.
6.4. The seller uses courier company Econt for delivery, the usual delivery times are from 9.00 to 17.30.
6.5. Delivery is made to a user-specified address (whether residential or business) or to an Econt office in that city.
6.6. Each shipment is insured and the insurance is at the Seller's expense.
6.7. If the Customer does not provide access and conditions for the delivery of the goods at the specified address within the specified period or does not go to the designated office of Econt to receive the goods in time, if he has chosen this option, the Seller shall be exempt from the obligation to fulfill the requested delivery.
7. VIRTUAL PORTFOLIO
7.1. Each registered user has an automatically created virtual portfolio in the site. The user can always check the status of his / her virtual wallet and its movements.
7.2. The virtual wallet is loaded with virtual stock, which can be paid for the purchase of goods from the e-shop.
7.3. Virtual availability can be obtained in one of the following ways:
• after turning the product
• as a bonus (virtual deposit received as a bonus can not be exchanged for its BGN equivalent).
8.1. The seller offers all Goods on the Site with a guarantee of conformity of the goods with the Contract in accordance with the applicable in the country operating, the legislation and the guarantee policy of the respective producer or official distributor of the Goods. An exception is made for certain categories of goods which by their very nature can not be guaranteed such as single and multiple filling containers, fluids for electronic cigarettes or other consumables. the warranty period for Mods and Modes in a set is 3 months
8.2. With respect to the goods sold and delivered by the partners through the e-commerce platform www.ecigarette.bg, the Customer should receive, upon delivery of each Guaranteed Goods, a warranty certificate with all details of the service center that provides the repair the warranty period. Sellers' Sellers are solely responsible for the availability of the required documentation required to accompany the goods purchased by them as well as for the provision of warranty service.
8.3. In the event that the Buyer does not notify the Seller of the absence of a warranty certificate (if the product requires it) within 48 (forty-eight) hours of receipt of the goods at firstname.lastname@example.org, that such has been provided by the Seller.
9. REFUSAL OF THE CONTRACT / REPRESENTATION
9.1. The Customer has the right to claim or return a product purchased from the e-shop within 14 / fourteen / days of receipt of the goods.
9.2. Refusal of the contract may also be made to the courier when the goods are delivered if the goods have been delivered after the term for reasons beyond the Client and are not due to force majeure.
9.3. Upon cancellation of the contract, the Customer shall be obliged to return the purchased product in undamaged commercial form and with a reserved label.
9.3.a. Goods such as single and multiple containers as well as liquids for electronic cigarettes and any consumables are not subject to return or replacement without any defect or lack of conformity.
9.4. Upon cancellation of the contract, if the Customer has paid the goods, he / she will be refunded the paid amount for the returned goods on a bank account specified by him / her or as a virtual stock within 14 / fourteen / days after the return of the goods. In case you paid with a debit / credit card - the amount will be returned directly to the same card you paid. SUMMES will not be refunded until the Customer returns the goods. If the goods are not returned within the time limit under item 9.1, the refusal of the contract shall not be effective.
9.5. The right of withdrawal in the event when goods are paid can not be exercised for bathing suits, lingerie, socks, jewelery, watches.
9.6. Reclamation is made when the purchased item does not match the contract between the parties to the sale contract. The discrepancy in the agreement between the parties may be expressed in:
• Product defects of the product;
• Lack of parts of the goods found;
• a wrong item other than the one ordered was sent;
• Inconsistency with the declared size and / or color - Goods sent in different sizes and / or different colors than ordered;
• Damage to the goods during transportation.
9.7. The claim may be brought before the Seller at the specified email address email@example.com, while the Customer must return the goods within 14 / fourteen / days of receiving the goods.
9.8. In the case of a claim, the Customer may choose to replace the specific item for the item without defects or in any other size or color, or return the goods against refund of the amount paid. An e-shop consultant may propose that the item be replaced with a completely different price item - or the Customer pays if the other item is more expensive or two items are offered for the same price or the User is refunding the difference between the substitute and the new item if the price of the new item is lower than the price paid by the User.
9.9. The return of the goods in the event of a complaint, in the case of non-factory defect or transport damage, shall be subject to the following conditions:
• Original commercial appearance (the item is not torn, scratched).
• There are no malfunctions caused by improper use.
• Stored original packaging and label.
• Reusable and replenishment containers, fluids for electronic cigarettes and evaporator heads, if they are used, their replacement is only possible if they are not used or are present at a factory defect
9.10. The return of a product, either in the case of a waiver of the contract or in the case of a claim, may be made in the manner and at the address indicated on the goods receipt with which the Customer has received the order.
9.11. When exchanging goods, the transportation costs are at the expense of the Customer in both directions, unless the substitution has been imposed by the fault of the e-shop. In case the customer wants to replace or return a product, this can be done with a courier company at your request.
10.1. Liability for defects in the merchandise, execution of the distance sales contract, as well as for the refund of paid amounts is borne by the Seller of the Goods. He is obliged to provide together with the goods information in paper form to help the User in exercising his rights.
10.2. Seller does not bear any liability to third parties if such a person believes that information posted to the e-shop violates someone's copyright or other intellectual property rights.
11. GENERAL PROVISIONS
11.1. It is possible, due to the limited space and the consistent structure of the information, that product descriptions are sometimes incomplete.
11.2. All goods, including promotion / discount items, are sold and delivered until stocks are exhausted even if they are not explicitly marked on the Site.
11.3. Seller's terms of service are mandatory for all users of the Site.
11.4. Any use of this SITE means that you have carefully consulted the general terms and conditions of use and (b) you have agreed to comply with it unconditionally.
11.5. The terms and conditions may be changed unilaterally by the Seller at any time by posting them on the site. These changes take effect immediately and are binding on all users / customers.
11.7. In any case of changing general conditions, the Seller will inform your Customers about this by posting the changes to the Site. In this sense, you as a Client have a duty to refer to any changes to the General Terms of the Site in any of its uses.
11.8. If any of the provisions of these General Terms and Conditions for use of the Site are found to be invalid or unenforceable, whatever the reason, this does not affect the invalidity or applicability of the other provisions.
11.9. Vendor makes a serious effort to maintain the accuracy of the information provided on the Site. However, considering possible technical errors or omissions in this information, the Seller specifies that the product images are informative and guiding, respectively the products delivered may differ from the images due to a change in their characteristics or design.
11.10. The features or pricing of the products described on the Site may be changed by the Seller at any time and may involve technical errors. The seller may refuse to perform an order under the following conditions:
• at zero price
• Obviously an unrealistic low price compared to other items of the same kind on the site
11.12. By registering a Purchase Order on the Site, the Buyer agrees by telephone or email to declare his / her willingness to receive the Goods or Service from the Seller against payment.
11.13. The seller will send you a notice to register the order in his system, which does not have the meaning of accepting, confirming or accepting a commitment to execute the order. This notification is made by the Seller either by electronic mail or by telephone.
11.14. In this sense, 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 in its sole discretion, including but not limited to the exhaustion of stock availability or price change. In any case, Seller informs the Customer by email or telephone. In this case, Seller's sole responsibility is to return any previously received.
11.15. The distance-purchase contract between the Seller and the Customer is deemed to have been concluded at the time of receipt by the Customer of his electronic mail of a notification by the Seller that he is willing to provide the Service or to send the Goods from the Purchase Order to the supplier to deliver it to an address specified by the customer, in accordance with its delivery capabilities, pricing conditions and company policy.
11.16. The purchase contract concluded between the Customer and the Seller consists of these General Terms and Conditions and the information requested and provided by the Buyer on the Site.
11.17. Access to the site www.ecigarette.bg for the purpose of registering a Purchase Order is allowed to any Client.
11.18. Seller reserves the right to restrict access to the Website or parts thereof to visitors who have registered, unless otherwise required by the applicable law.
11.19. The Customer has the right to post comments on Goods and / or Services, as well as to contact the Seller at the specified addresses in the "contact" section of the site or by phone. Posts or messages that contain obscene words or inappropriate vocabularies will be removed from the site or ignored. The seller has the freedom to process the information received by the Customer without having to motivate his actions in connection with this. The customer has the right to have only one registration and to use only one user account with us.
11.20. The customer is not allowed to use accounts of another registered user or to give third parties the opportunity to use his account. He may not maliciously create additional log accounts in order to misuse the functionality of the Website or other users, or to attempt to submit to another user.
11.21. You can contact the Seller through a direct link or the addresses listed on the site in the Contact tab. The seller has the freedom to handle the information obtained without the need to justify it.
11.22. In case of unusually high traffic from the web site to the site, Seller reserves the right to require Clients to manually enter the captcha validation codes to protect the published information on the Site.
11.23. The seller may publish promotional or promotional information about the Goods and / or Services and / or the promotions offered by him or his partners for a certain period of time as well as stock information.
11.24. All prices of the Goods and / or Services on the site are final, are declared in BGN (BGN) with all taxes or fees required by law.
11.25. In the case of online payments or bank payments, Seller does not bear any liability for any charges in connection with fees, commissions or other additional payments made by the Buyer in respect of the transaction itself, as well as in the case of exchanges of the currency applied by the bank issuing the card to the client, in cases where the currency is different from BGN. The costs associated with such payments are solely for the Buyer's expense.
11.26. All images displayed on the Site are solely intended to provide some insight into the type of Goods / Service offered, rather than to represent it accurately. The Customer has no right to seek any Seller's liability for such inconsistencies.
11.27. Seller has the right to use subcontractors for the performance of the Services offered on the Site without the need to notify or obtain the Buyer's consent to do so.
12.1. 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 can not be avoided.
12.2. If it does not cease within 14 (fourteen) days of the date of the event in question, either party shall have the right to notify the other party that it will terminate the Contract without incurring the other indemnity for any damage suffered.
13. THE RIGHT OF INTELLECTUAL AND INDUSTRIAL PROPERTY
13.1. Content, as defined in the "Definitions" chapter, including, but not limited to, logos, any graphic images or inscriptions, trade symbols, dynamic symbols, texts and / or multimedia content on the Site, may be used by Seller only.
13.2. Nothing in the distance contract concluded between the Seller and the Client shall be considered as a permission by the Seller to copy, distribute, publish, make available to third parties, modify in any way any part of the Content, including, but not limited to, the content of the trademarks, logos, the multimedia content of the Site or the descriptions of the Goods or Services in any way, including by inserting any external content for the site, the removal of the signs indicating Seller's ownership of the Content. The Client may not transfer, sell, distribute any material created by reproducing (copying), modifying or publishing the Content except with the explicit consent of the Seller.
13.3. Any Content to which the Customer has access, regardless of the means, is subject to regulation by these terms and conditions.
13.4. The Customer may only copy, transfer, and / or use the Content for personal non-commercial purposes unless this is contrary to the provisions of this chapter.
13.5. The Customer may only use the Content for Commercial Purposes if he has received the Seller's written consent for that and only the portion of the Content, the manner and extent of use, and the time limits for which such consent is expressly granted . Any subsequent or different use of the Content will be deemed to be a breach of this Agreement between the Seller and the Customer and for violation of Seller's intellectual property rights, which has the right to take charge of the Customer for that.
13.6. Simply posting to the Customer or referring to the Content or parts thereof by the Seller is not to be considered as a Seller's consent to allow the Customer to use the Content or parts thereof for purposes other than its personal needs, for communication used by Seller.
13.7. Any use of the Content for purposes other than those expressly permitted in these General Terms or any other explicit written consent given by the Seller is prohibited.
The present General Terms and Conditions have been accepted by the Seller's Manager and the last change is 12.06.2018.