I. DEFINITIONS
1. “WINE AND SPIRITS CONSULTING” means WINE AND SPIRITS CONSULTING EOOD[1], company ID number [EIK] 203607096, registered office: apt. 16, 23 Maestro Kanev Street, Region of Ovcha Kupel, city of Sofia, represented by its manager Ivanka Georgieva Koneva, hereinafter referred to as “Wine and Spirits Consulting”, telephone: 00359 888 280 769, e-mail: office@rakiashop.eu.
2. “Wine and Spirits Consulting Online Store” means Wine and Spirits Consulting’s e-store for sale of Wine and Spirits Consulting’s goods on the internet at: rakiashop.eu. The e-store provides the Customers with information about the products described below and with an opportunity to purchase them by ordering them and paying the respective selling price and costs provided that the Customer observes these General Terms and Conditions, the Bulgarian and European legislation in force, all trade practices being generally accepted in the country as well as the relevant requirements for specific products as additionally stated.
3. “Customers” means natural persons and legal entities willing to buy products from the e-store. Only adult natural persons and legal entities represented by their lawful representatives or duly authorized persons may be customers. Persons who do not meet the requirements for customers may not purchase products from the online store.
4. “Goods/Products” means different kinds of alcoholic beverages published on the online store as well as wine accessories and accessories for other kinds of spirits.
5. “Account” means Customer’s personal account with Wine and Spirits Consulting’s e-store enabling the Customer to place an Order.
6. “General Terms and Conditions”: these General Terms and Conditions shall be a contract between Wine and Spirits Consulting and the Customer for purchase and sale of the Products from Wine and Spirits Consulting’s online store on the territory of Bulgaria. The General Terms and Conditions shall settle the rights and obligations of the users and visitors of the online store. The parties to the contract shall be Wine and Spirits Consulting, on the one hand, and the customer, on the other hand. By ordering and purchasing goods the Customer declares that (s)he is aware of and accepts these General Terms and Conditions. Every action of the Customer in the online store shall be a statement that (s)he is aware of, agrees with and accepts these General Terms and Conditions.
7. All sales with delivery address outside the territory of the Republic of Bulgaria shall be made by Salza GmbH, a company registered in Austria, having its registered office at …………., reg. number …………………, represented by ……………..). These General Terms and Conditions shall be a contract between Salza GmbH and the Customer for the sale of the Products from Wine and Spirits Consulting’s online store outside the territory of Bulgaria. The parties to the contract for sales outside Bulgaria shall be Salza GmbH, on the one hand, and the customer, on the other hand. All conditions of the contract settled in these General Terms and Conditions, the rights and obligations of Wine and Spirits Consulting for sales on the territory of the Republic of Bulgaria shall apply to Salza GmbH with respect to sales outside the territory of the Republic of Bulgaria. As the owner of the e-store Wine and Spirits Consulting EOOD shall organize and provide the service of sale via the website and accept the payment of the price for the goods as per the conditions of section V of these General Terms and Conditions.
II. REGISTRATION
1. The access to the online store shall be free but in order to purchase items there one needs to register with Wine and Spirits Consulting’s online store and create a Customer Account.
2. By making the registration the Customer shall be deemed to have accepted these General Terms and Conditions.
3. By making the registration the Customer represents and warrants that (s)he is an adult natural person, or, respectively a (lawful or authorized) representative of a legal entity and that (s)he uses his/her real identity and data upon registration.
4. The registration with the online store shall be made by entering data about the customer, including a username and a password as well as contact data as per the form of the e-store.
5. Only natural persons who pass the Customer age verification system mat register with the online store. Persons who have not come of age may not register and/or purchase the Products in the online store.
6. The Customer shall be liable for any incorrect data and information filled-in in the online store. Wine and Spirits Consulting has taken all reasonable measures to limit the sales to person who do not meet the requirements of the law on the sale of alcoholic beverages. Wine and Spirits Consulting shall not be liable if a Customer has filled-in incorrect data upon registration.
7. Wine and Spirits Consulting shall have the right to refuse a delivery of any goods ordered if it doubts that the Customer does not meet the conditions for purchasing the respective product having been ordered (e.g. if the Customer has not come of age[, if the Customer] do not have the right to purchase alcohol for another reason or, for legal entities, if the Customer do not have power of representation).
8. The Customer shall be obliged to notify Wine and Spirits Consulting upon any change to the data (s)he has submitted to Wine and Spirits Consulting, as otherwise Wine and Spirits Consulting shall not be liable for sending ordered goods to another address, for issuance of documents containing false data or for any other actions. In such event the Customer shall be liable for the payment of the goods ordered as well as the additional costs, damages to and lost profit of Wine and Spirits Consulting.
III. ORDERING GOODS
1. To place an order with the online store you must follow the instructions on the online store’s website.
2. In order to place an order, please:
2.1. Select a product;
2.2. Select quantity;
2.3. Click on “Order”.
3. In order to place an order the Customer must have signed in with his/her account.
4. After clicking on the “Order” button it shall be deemed that the Customer has placed an order for purchase of the Products selected by him/her. From that time on it shall also be deemed that the contract for purchase and sale of the Products by the Customer has been concluded. By his/her order the Customer makes an irrevocable statement that (s)he is willing to buy the gods ordered and shall be obliged to pay the price thereof. By his/her order the Customer shall give his/her consent that the price of the goods ordered and the delivery thereof will be withdrawn from the card of the Customer immediately after the order. In the event of a request made by the Customer the parties may agree that the price for the goods ordered shall be paid in cash to the Courier.
5. By placing the order the Customer makes an electronic statement that (s)he agrees to the general terms and conditions of Wine and Spirits Consulting or Salza GmbH, respectively, to the individual conditions of the particular transaction that (s)he has read and approved as well as to the withdrawal of the price of the products from Customer’s card.
6. By sending the order the Customer authorizes Wine and Spirits Consulting or Salza GmbH, respectively, to get in touch with him/her in any possible manner if this is necessary in relation to the order placed or the Contract concluded.
7. Wine and Spirits Consulting respectively Salza GmbH, respectively, shall not be liable for any inaccurate or false data filled-in. In the event of filling-in any inaccurate or false data, including incomplete, inaccurate or wring address and/or contact data the order shall be deemed invalid and no obligation to perform it shall arise for Wine and Spirits Consulting or Salza GmbH, respectively.
8. The Customer shall be liable for the data filled-in by him/her in the online store and for the data submitted by telephone to Wine and Spirits Consulting. If it is established that a person has filled-in/submitted data of a third party without the consent of such third party, such person shall be jointly liable with the third party for the price of the goods ordered.
9. The Customer shall be liable for the accuracy and completeness of all data about the purchase (s)he has placed by the order.
10. The Customer and all of his/her employees and representatives, members, managers and related parties (if any) shall be liable for the orders made via the Customer’s account with the online store. The Customer shall be liable for all actions occurring as a result of the use of his/her account. The Customer shall be obliged not to make his/her username and password available to any persons (s)he does not want to place orders on his/her behalf and at his/her expense. If the customer makes them available to a person it shall be deemed that (s)he has authorized such person to place orders on his/her behalf and at his/her expense and shall be obliged to pay the price of the goods ordered by such person.
11. The images of the products in the online store shall be for information and orientation purpose as the products delivered may differ from the images. The only purpose of such images is to give certain general idea of the type of the goods offered and not to offer a representation thereof. Some images may create a false impression about the goods offered. Sometimes the descriptions of the products may be incomplete or inaccurate as well. Wine and Spirits Consulting shall not be liable and shall not owe an indemnity to the Customer in the event of any such discrepancy or incompleteness.
12. All goods are sold and delivered until the available quantity runs out of stock even if this is not specified in the online store.
13. The order shall be effective with respect to Wine and Spirits Consulting or Salza GmbH, respectively, after Wine and Spirits Consulting or Salza GmbH, respectively, check whether the goods requested to be purchased are in stock and send the Customer an order confirmation to the е-mail address specified by the Customer. Wine and Spirits Consulting and Salza GmbH do not warrant that the goods ordered are in stock regardless of the fact that the product is listed on the website. If it is impossible to make a delivery because the goods requested to be purchased are out of stock Wine and Spirits Consulting or Salza GmbH, respectively, shall get in touch with the Customer and shall offer him/her information about the options for replacement of the ordered Products or the recovery of their value.
IV. DELIVERY OF THE GOODS
1. The Products ordered shall be delivered within 14 days of the delivery address is on the territory of the Republic of Bulgaria or the Republic of Austria, as Wine and Spirits Consulting or Salza GmbH, respectively, shall make all efforts to effect the delivery before the expiry of that term.
2. The delivery term for goods outside the territory of the Republic of Bulgaria or the Republic of Austria shall be determined by an additional agreement between the Customer and Salza GmbH.
3. Wine and Spirits Consulting or Salza GmbH, respectively, shall make the delivery of goods subject to the specific conditions of these general terms and conditions as well as to the technical requirements of the online store.
4. If the requested delivery address is on the territory of the Republic of Bulgaria the order shall be fulfilled in Bulgarian language. If the requested delivery address is outside the territory of the Republic of Bulgaria shall be fulfilled in English or German language.
5. The order of goods with in English or German language on the territory of the Republic of Bulgaria or the Republic of Austria shall be placed automatically as the Customer must follow the ordering steps in the online store.
6. If the Customer is willing to order goods with a delivery address outside the territory of the Republic of Bulgaria or the Republic of Austria, the Customer must get in touch with Salza GmbH or Wine and Spirits Consulting in order to specify the conditions, prices and terms for delivery of the goods. The order goods with a delivery address outside the territory of the Republic of Bulgaria or the Republic of Austria shall be made after an express conformation by Salza GmbH.
7. Wine and Spirits Consulting or Salza GmbH, respectively, shall send the Customer the number of goods the Customer has expressly requested to order in the online store.
8. The arrangements for the delivery of the Products ordered for the territory of Bulgaria shall be made by Wine and Spirits Consulting via a courier selected by Wine and Spirits Consulting. The arrangements for the delivery of goods outside the territory of the Republic of Bulgaria shall be made by Salza GmbH via a courier selected by Salza GmbH.
9. Wine and Spirits Consulting or Salza GmbH, respectively, shall send the Products to the address specified by the Customer.
10. If there is an error in the specified address and therefore the Customer cannot be found at that address Wine and Spirits Consulting or Salza GmbH, respectively, shall get in touch with the Customer in order to make clear the address as the costs for the delivery to the correct address shall be at the expense of the Customer and the Customer must pay them to the courier upon the receipt of the ordered Products.
11. If the Customer is not found within the delivery term at the address specified by him/her or if no access and conditions are provided in order that the goods be delivered within that term Wine and Spirits Consulting or Salza GmbH, respectively, shall be released from the obligation to deliver the goods ordered. The Customer can also confirm his/her willingness to receive the goods after the expiry of the delivery term in which (s)he has not been found at the address or his/her name has not been listed at the address, and shall also bear all expenses related to re-delivery. In such event a new delivery term shall commence as from the time of confirmation under the preceding sentence.
12. The Parties agree that the delivery shall be made by a third party courier and in the event of untimely delivery Wine and Spirits Consulting or Salza GmbH, respectively, shall not owe an indemnity to the Customer, and shall not be responsible for destruction or damaging of the goods or the packaging during delivery. All claims of the customer in relation to such defects and damages must be made against the courier. Wine and Spirits Consulting or Salza GmbH, respectively, shall not be liable for courier’s or logistic service provider’s failure to observe the delivery terms, including the cases where the recipient of delivery has not been found at the address, the delivery has been delayed or delivered at a wrong address by the courier, etc.
13. The details with respect to the delivery of the goods, including but not limited to the details concerning the delivery term shall not be a contractual obligation of Wine and Spirits Consulting or Salza GmbH, respectively, and the Customer shall not have the right to indemnity in the event that the date of arrival of the goods announced by Wine and Spirits Consulting or Salza GmbH, respectively, has not been adhered to. The courier shall be liable for such details.
14. The Customer gives his/her consent that the goods purchased by him/her be delivered to a third party who is present at the address and who agrees to receive the goods on behalf of the Customer and pass them on to the latter and who agrees to sign the relevant documents.
V. PRICES AND METHOD OF PAYMENT
1. All prices for the products ordered with a delivery address within the Republic of Bulgaria shall be in Bulgarian leva (BGN).
2. All prices for the products ordered with a delivery address within the Republic of Austria shall be in euro (EUR).
3. All prices for the products ordered with a delivery address outside the Republic of Bulgaria or the Republic of Austria shall be reference prices and shall be stated in the website in euro. The exact amount of such prices shall be additionally agreed upon between the Customer and Salza GmbH.
4. The prices shall be valid as at the date of the order. The price for the goods does not include the price for delivery. The price for delivery shall be paid together with the price for the goods at the time of the order as by ordering the Customer gives his/her consent that the price for delivery be withdrawn from Customer’s card together with the price for the goods ordered immediately after the order.
5. Wine and Spirits Consulting shall issue an invoice for the price of the goods, in which it shall write down the data provided by the Customer. Wine and Spirits Consulting shall send the invoice for the price of the goods to the Customer together with the goods. For goods with a delivery address outside Bulgaria the sale shall be effected and the invoice shall be issued by Salza GmbH. The price for the goods purchased from Salza GmbH shall be paid to the account of Wine and Spirits Consulting as in such event Wine and Spirits Consulting shall act as an intermediary for Salza GmbH and shall receive the payment on behalf and at the expense of Salza GmbH. Wine and Spirits Consulting shall deliver all sums received from Customers having purchased goods outside Bulgaria to Salza GmbH. If the Customer has paid Wine and Spirits Consulting for goods purchased from Salza GmbH his/her payment obligation to Salza GmbH shall be deemed fulfilled.
6. By ordering the goods the Customer shall be obliged to pay the price for the goods. The price for the goods shall not include the price for delivery. By ordering the goods the Customer shall be obliged to pay the price for delivery separately from the price for the goods.
7. The amount of the delivery price shall be determined by the courier chosen by Wine and Spirits Consulting or Salza GmbH, respectively, to carry out the delivery of the goods.
8. All bank charges, bank commission fees, exchange rate losses or commissions for foreign currency exchange and other expenses and fees related to the payments shall be at the expense of the Customer. The Customer shall be obliged to carry out all necessary actions and pay all necessary accompanying fees and expenses so that Wine and Spirits Consulting receives the full amount of the price for the goods ordered.
9. The ownership to the goods shall pass to the customer after the payment of their price. Until then they shall be deemed owned by Wine and Spirits Consulting.
10. The payment for the goods and delivery thereof shall be made by the following credit or debit cards: VISA, VISA Electron, V PAY, MasterCard, Maestro and MasterCard Electronic, as well as in cash upon delivery if the Customer has chosen the respective option and if it is available for the respective payment.
11. By ordering the Customer agrees that the sums for the price for the goods, delivery price and all bank charges and other expenses related to the payment shall be withdrawn from his/her card and that an advance payment shall be made within the meaning of article 53, paragraph 1 of Consumer Protection Act.
12. The Customer must make the payment by a card which allows for the performance of the respective payment transaction, has the relevant registrations for participation in online authentication schemes and others.
13. Upon payment by means of a credit or debit card the customer shall fill in the card data, including card number, validity date, security code, cardholder’s name and address, authentication data as well as other data as required from the Customer by the online store.
14. The payment shall be made immediately but not later than 30 days. The maximum 30-day delivery term shall be valid only if no other delivery term has been agreed upon. Longer terms may be agreed.
15. Wine and Spirits Consulting or Salza GmbH, respectively, shall have the right to refuse delivery of unpaid goods, including cases where the delivery price has not been paid.
16. If a payment via card has been chosen:
- A payment page of our servicing bank opens, where you enter your card details
- If you are registered for the Verified by Visa or MasterCard SecureCode authentication services, an authentication page of your card issuer opens, where you type your authentication password or code.
- If the transaction is successful (received authorization), a transaction receipt is displayed onscreen, which you print or save.
Please note that your V PAY or MasterCard Electronic card will be accepted only if it is registered for participation in the online authentication schemes Verified by Visa or MasterCard SecureCode.
17. In order to guard you against fraud during payment with your Visa or MasterCard card, we apply best practices recommended by the international card organizations:
- The security during entry and transport of card data is provided by the use of an SSL protocol for encryption of the connection between our server and the payment server of our servicing bank.
- The authenticity of your card is checked by the verification of the card verification value (CVV2)
- In addition, for your identification as the authentic cardholder, the payment server of our servicing bank supports the authentication schemes of the international card organizations – “Verified by Visa” and “MasterCard SecureCode”, in case you are registered to use them.
VI. CLAIMS
1. The Customer who shall have the capacity of consumer within the meaning of Consumer Protection Act shall have the right to make a claim if the delivered goods apparently do not correspond to the goods ordered by him/her.
2. It shall be deemed that the goods meet the sale contract if:
2.1. they have the characteristics specified in the online store, and are fit for the ordinary use the goods of the same kind are intended for.
2.2. they have the ordinary properties and characteristics of the goods of the same kind as may reasonably be expected by the Customer while taking into consideration the nature of the goods and the description of their specific characteristics made in the online store.
3. If any goods of a kind different than the one ordered are delivered to the Customer or if the delivered goods do not correspond to the sale contract within the meaning of item 2, then Wine and Spirits Consulting or Salza GmbH, respectively, shall, within one month after the receipt of the claim, replace the delivered goods by goods corresponding to the order placed by the Customer.
4. All alcoholic beverages have passed a laboratory analysis of their physical and chemical composition according to the requirements of the legislation in force. If the Customer claims that the physical and chemical composition of alcoholic beverages does not correspond to the statutory requirements the Customer must submit proper evidence to support that claim, and namely: a document issued by a licensed laboratory. Otherwise, the claim shall be deemed unjustified and Wine and Spirits Consulting or Salza GmbH, respectively, shall owe the Customer no refund of any sums paid or any other indemnities.
5. Claims for consumer goods may be made within two years after the delivery of the goods. The Customer understands and agrees that the alcoholic beverages are subject to special rules of European legislation and that the provisions for other consumer goods related to their fitness and deadline for claims do not apply for them. The Customer understands and agrees that alcoholic beverages age over time and their characteristics change and therefore such change shall not be deemed a reason for claims.
6. The claim shall be made before an authorized representative of Wine and Spirits Consulting or Salza GmbH, respectively, this to include by sending it by courier or by parcel post.
7. When making a claim the Customer must specify the subject matter of the claim and an address for contacts. When making a claim the Customer must return the goods being claimed at his/her own expense and must attach the documents the claim is based on:
1. a payment document;
2. protocols, deeds or other documents establishing that the goods do not correspond to what has been agreed upon;
3. other documents evidencing the claim.
The goods purchased and delivered on the territory of Bulgaria must be returned to Wine and Spirits Consulting’s address: apt. 16, 23 Maestro Kanev Street, Region of Ovcha Kupel, city of Sofia, Bulgaria. The goods purchased and delivered outside the territory of Bulgaria must be returned to the following address of Salza GmbH: Sperrgasse 3/1/2, 1150 Vienna, Austria. The goods shall be handed over as a complete set in their original packaging. The risk of damage during transportation to Wine and Spirits Consulting’s address shall be at the expense of the Customer.
4. The Customer may not make a claim if the goods are not handed over in the form described in these General Terms and Conditions or if the listed documents are not submitted.
5. The Customer may not make a claim if the discrepancy between the goods and the contract is due to mechanical impacts, breakdown or other defects due to improper or inappropriate storage and other actions or omissions of the Customer.
VII. CUSTOMER’S REFUSAL
1. Bulgarian Customers or customers ordering from Bulgaria who are consumers may repudiate this contract without stating any reasons for that within 14 days. The repudiation shall be made by filling in and sending the following form:
STANDARD FORM TO BE USED IN ORDER TO EXERCISE THE RIGHT TO REPUDIATE THE CONTRACT for the goods purchased and delivered on the territory of Bulgaria:
To: Wine and Spirits Consulting EOOD, company ID number [EIK] 203607096, registered office: apt. 16, 23 Maestro Kanev Street, Region of Ovcha Kupel, city of Sofia, represented by its manager Ivanka Georgieva Koneva, telephone: 00359 888 280 769, e-mail: office@rakiashop.eu
I hereby notify you that I repudiate the contract concluded by me for the purchase of the following goods: ………………………………………………………………………………..
………………………………………………………………………………………………
(please provide a detailed description of the goods and the quantity thereof).
Date ordered: …………………………….(please specify the date when the goods were ordered)
Date received:……………………..( please specify the date when the goods were received)
Customer’s Name: ………………………………………………(please write down your name)
Customer’s Address: ……………………………………………………………………
………………………………………………………………………(please write down your address)
Customer’s Signature: ………………………….….…(if this is a paper form)
Date: …………….
2. The period for repudiation shall be 14 days as from the date of receipt of the goods.
3. In order to exercise his/her right to repudiate the contract the Customer must inform Wine and Spirits Consulting of his/her name, geographic address, telephone number and e-mail address as well as of his/her decision to repudiate the contract made by an unambiguous statement (e.g. a letter sent by mail, courier or e-mail).
4. If the Customer repudiates this contract Wine and Spirits Consulting shall refund the payments it has received from the Customer for the goods purchased as the Customer must incur the expenses for returning the goods in the event that the right to repudiate the contract is exercised. If returned by the same courier who has delivered the goods the price for returning the goods shall be as per the courier’s tariff. If the Customer chooses another courier the price for returning the goods shall be determined as per the method chosen by the Customer.
5. Wine and Spirits Consulting shall make the refund by using the same medium of payment used by the Customer in the initial transaction. The Customer agrees that due to the specific nature of the transactions with bank cards it is not possible in all cases that the sums can be refunded to his/her bank card and therefore the Customer gives his/her consent that the sums can also be refunded by a bank transfer to an account provided to Wine and Spirits Consulting by the Customer, as any possible expenses for the incoming transfer or exchange rate losses as well as commission fees charged to the customer by the bank used by the customer shall be borne by the Customer. Wine and Spirits Consulting shall defer the refund of the payments until the goods are received back in the form described below.
6. The Customer must return the goods at the following address: apt. 16, 23 Maestro Kanev Street, Region of Ovcha Kupel, city of Sofia, not later than 14 days after the day when (s)he has communicated his/her repudiation.
7. The Customer shall be obliged to return the goods in the same form as they were when received by him/her, without opening or unpacking them, with whole, unbroken bottle and labels and without any missing components of their packaging or contents.
8. The right to repudiate the contract shall not apply for:
8.1. goods having been unpacked and/or opened by the Customer;
8.2. sealed goods, which have been unsealed after delivery thereof and may not be returned for hygiene or health protection related considerations;
8.3. goods, which, after the delivery thereof and due to their nature, have mixed with other goods and cannot be separated from the latter;
8.4. alcoholic beverages, whose price has been agreed upon the conclusion of the sale contract and whose delivery may be effected not earlier than 30 days as from the conclusion of the contract, whose actual value is dependent upon market fluctuations, which are beyond trader’s control;
8.5. goods, whose contents has been used by the Customer;
8.6. goods with broken packaging or goods having another substance added to their packaging.
9. The burden of proof in order to exercise the right to repudiate the contract shall rest on the Customer.
For customers who are consumers and who order goods from and for outside Bulgaria the following shall apply:
Clarification of the Right to Repudiate
Right to Repudiate
You have the right to repudiate this contract within 14 days without stating any reasons for that.
–
The period for repudiation shall be fourteen days as from the date (in the event of a purchase and sale contract):
on which you or a third party designated by you, different from the carrier, have received the goods;
–
on which you or a third party designated by you, different from the carrier, have received the goods;
OR (in the event of a contract for more goods which you have ordered within one order and which are delivered separately):
–
on which you or a third party designated by you, different from the carrier, have received the last of the goods;
–
OR (in the event of a contract for delivery of one good in several partial deliveries or parcels):
–
on which you or a third party designated by you, different from the carrier, have received the last partial delivery or the last parcel);
–
In order to exercise your right to repudiate you must inform us:
– the company Salza GmbH, company ID ….,
Sperrgasse 3/1/2, 1150 Vienna, Austria,
telephone: 00359 888 280 769,
e-mail: office@rakiashop.eu
–
By an unambiguous statement (e.g. a letter sent by mail, facsimile or e-mail) of your decision to repudiate the contract. For that purpose you can use the enclosed sample repudiation form, which, however, is not mandatory.
–
In order to meet the deadline for repudiation it is sufficient to send us the notice of exercising the right to repudiate before the expiry of the period for repudiation.
–
Consequences of Repudiation
–
If you repudiate this contract we will recover to you all payments we have received from you, including the delivery costs (save for the additional expenses that arise due to the fact that you have chosen a type of delivery different from the proposed, most advantageous standard delivery) immediately and not later than fourteen days as from the date on which we receive your notice of repudiation of this contract. In order to recover the payments we will use the same means of payment used by you upon the initial transaction unless otherwise agreed; you shall be charged no fees because of the recovery of the payments. In the events where we have not offered to take the goods ourselves upon repudiation we can refuse to recover the payments until we receive the goods or until you submit evidence that you have send them back whichever occurs earlier.
You must send back or hand over the goods immediately, and in any case not later than fourteen days after the date on which you have notified us your repudiation of the contract, to us:
–
– the company Salza GmbH, company ID….,
Sperrgasse 3/1/2, 1150 Vienna, Austria,
telephone: 00359 888 280 769,
e-mail: office@rakiashop.eu
The term is met if you have sent the goods before the expiry of the fourteen-day term.
–
You cover the direct costs for returning the goods if, considering their characteristics, they can be returned in the common way as a post parcel.
–
OR
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If considering their characteristics the goods cannot be returned in the common way as a post parcel you shall cover the direct costs for returning them.
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You must cover the costs of a possible loss of value only if it is due to a non-mandatory contact with you for the sake of checking of the goods’ characteristics, qualities and manner of operation.
End of Clarification of the Right to Repudiate
Repudiation Form – Sample Form
If you want to repudiate the contract please fill in this form and send it back.
– To
– the company Salza GmbH, company ID ….,
Sperrgasse 3/1/2, 1150 Vienna, Austria,
telephone: 00359 888 280 769,
e-mail: office@rakiashop.eu
– I/We hereby repudiate the contract for purchase of the following goods/provision of the following service entered into by me/us:
– ordered on (*)/received on (*)
– consumer’s name
– consumer’s address
– consumer’s signature (only for paper messages)
– date
(*) Please delete the unnecessary fields.
VIII. REFUSAL OF DELIVERY
1. Wine and Spirits Consulting or Salza GmbH, respectively, shall have the right to refuse delivery of any Products ordered if the Customer caries out actions contrary to these General Terms and Conditions, if Customer’s conduct is contrary to the law, the morals or the trade practices as well as if the sale or delivery of the goods is contrary to the law or the orders of a competent body. The refusal shall be communicated to the Customer, if the latter has submitted valid contact details. In such event Wine and Spirits Consulting shall not be liable for non-performance of delivery.
2. Wine and Spirits Consulting or Salza GmbH, respectively, shall also have the right to refuse delivery of any Products ordered, without being liable for default in the following events:
a) if the information submitted by the Customer is incomplete or false;
b) if the Customer’s actions may harm Wine and Spirits Consulting or Salza GmbH, respectively;
c) if the Customer has not paid for goods purchased from Wine and Spirits Consulting or Salza GmbH, respectively.
IX. PERSONAL DATA
1. Wine and Spirits Consulting is an operator of personal data registered under the Personal Data Protection Act. Wine and Spirits Consulting shall take care to protect its customers’ personal data as well as shall not distribute, sell or make such personal data available to third parties unless this is necessary for the performance of Wine and Spirits Consulting’s operations or unless this is required by the competent body according to the requirements of the law.
2. By submitting personal data to Wine and Spirits Consulting as well as by placing an order the customer confirms that (s)he has voluntarily submitted his/her personal data and that (s)he gives his/her express permission to the collection, processing, storage and submission of such data in accordance with the Bulgarian legislation in force and when this is necessary in order to ensure the provision of the services, for accounting needs, for establishing contact with the customer and for sending notices concerning the goods and services provided by Wine and Spirits Consulting or Salza GmbH, respectively.
3. By filling-in his/her data the Customer shall be obliged to provide full and true data about his/her identity and other required information. If the Customer has submitted false or incomplete data Wine and Spirits Consulting shall not be liable for its failure to fulfill the commitments made.
4. The Customer shall be liable for filling-in someone else’s personal data.
5. Wine and Spirits Consulting and Salza GmbH shall have the right to send the Customers unsolicited commercial messages or offer them advertisements of and information about its goods and services.
X. RIGHTS AND OBLIGATIONS OF THE PARTIES
1. The Customer understands and agrees that Wine and Spirits Consulting or Salza GmbH, respectively, has the right to decide which of Customer’s actions violate these General Terms and Conditions as well as to take appropriate measures to make good the violation.
2. If it judges that there is a potential security risk and/or risk of disturbing the normal operation of the online store Wine and Spirits Consulting shall have the right to prohibit the Customer from using the online store as well as to terminate Customer’s account without notice or prior notice and without owing any indemnity or other type of compensation.
3. The Customer understands and agrees that Wine and Spirits Consulting shall have the right to discontinue Customer’s access to the online store notice or prior notice and without owing any indemnity or other type of compensation if the Customer violates the General Terms and Conditions or the law as well as it (s)he fails to pay in time for any goods purchased from Wine and Spirits Consulting or Salza GmbH, respectively, as in such event Wine and Spirits Consulting or Salza GmbH, respectively, shall not be liable for loss of Customer’s data or other damages.
4. The Customer may not use or allow third parties to use the online store in order to launch and carry out attacks and malicious acts against any other computer system connected to the internet.
5. The Customer shall be liable for the confidentiality of his/her data for access to the online store (username and password) and assumes full responsibility for activities/actions carried out via his/her account. If the Customer has any doubt that the confidentiality of his/her data has been threatened (s)he must immediately inform Wine and Spirits Consulting or Salza GmbH, respectively. If (s)he has failed to do so it shall be deemed that all actions via customer’s account have been carried out personally by him/her and (s)he shall be liable for them, this to include payment of all goods ordered via his/her account.
6. Wine and Spirits Consulting or Salza GmbH, respectively, shall not be obliged to look for facts and circumstances indicating the performance of unauthorized acts.
7. The Customer shall be liable and shall be obliged to indemnify Wine and Spirits Consulting or Salza GmbH, respectively, for all profits lost, damages and losses as a result of a violation of the law or these General Terms and Conditions committed by the customer.
8. The characteristics of the products in the online store may be changed by Wine and Spirits Consulting or Salza GmbH, respectively, at any time and may contain errors. If there is an error in the characteristics of a product such product shall be paid by the Customer at its actual price determined by Wine and Spirits Consulting or Salza GmbH, respectively, as at the time of the order.
9. In any case the liability of Wine and Spirits Consulting or Salza GmbH, respectively, to the Customer shall be limited to the amount of the sum paid by the Customer for the goods as far as the law permits a limitation of liability.
10. Wine and Spirits Consulting does not warrant that the access to the online store will be uninterruptible, secure and error-free as long as this is beyond Wine and Spirits Consulting’s abilities, control and will.
11. Wine and Spirits Consulting shall not be liable for interrupted access to the online store as well as for the non-processing or untimely processing of order requests, including upon the occurrence of events beyond its control: force majeure, accidental circumstances, problems with internet network, etc.
XI. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
1. The copyrights to the entire contents of the online store, including all published texts, images, photographs, video materials, articles, program code shall be reserved. Such copyrights are owned by Wine and Spirits Consulting and are protected under the Copyrights and Similar Rights Act. Any copying or use thereof shall be a serious infringement of the rights of Wine and Spirits Consulting and the imperative provisions of Bulgarian legislation.
2. The Customer may not copy, store, process, publish, distribute or use in any other manner whatsoever the texts, images or other parts of the contents of the online store in their initial or processed form.
3. When creating an account with the online store the Customer shall not acquire any rights or licenses to the contents of the online store, the products or brands of Wine and Spirits Consulting or third parties.
4. The Customer shall not have the right to access the program code of the online store and may not copy or modify it in any manner whatsoever. Every attempt to access, copy or modify the program code of the platform made by the Customer shall be deemed a serious breach of these General Terms and Conditions and the rights of Wine and Spirits Consulting and Salza GmbH.
5. If the above conditions are not fulfilled Wine and Spirits Consulting or Salza GmbH, respectively, shall have the right to immediately terminate customer’s use of the online store от without notice, prior notice or indemnity as well as to demand indemnity for all damages suffered and profits lost due to Customer’s actions.
6. The Customer shall be obliged to ensure the consent of all of its employees and representatives (if any) whom the Customer has provided access to its account that they shall respect the copyrights and other intellectual property rights of Wine and Spirits Consulting.
7. The trademark Wine and Spirits Consulting, Rakiashop and Rakiashop.eu and the domains of that name are owned by Wine and Spirits Consulting and its partners. Any direct or indirect use of that trademark, domain or name (for example but not limited to use by meta-tags and other indexing or internet searching techniques) without Wine and Spirits Consulting’s prior written permission shall be prohibited and punishable according to the law.
8. The prohibitions on the infringement of copyrights and other intellectual property rights owned by Wine and Spirits Consulting shall be valid for all third parties regardless of whether they are registered with the online store and/or have an account as in the event of infringement Wine and Spirits Consulting shall have the right to indemnity for all damages suffered and profits lost due to the actions of such third parties.
XII. CHANGES TO THE ONLINE STORE
1. Wine and Spirits Consulting shall have the right to make amendments and improvements to the online store as well as to the form and contents of the services being offered.
2. Wine and Spirits Consulting shall have the right to temporarily discontinue the services being offered if this is necessary in order to update them.
3. In such events Wine and Spirits Consulting shall not be liable for damages suffered and profits lost by the Customers.
XIII. COMMUNICATION WITH THE CUSTOMER
1. By filling-in the data and contact details the Customer gives his/her express consent that Wine and Spirits Consulting or Salza GmbH, respectively, can use all technical means of communication with the Customer for which the customer has stated contact details.
2. Submission of data and contact details by the Customer shall not oblige Wine and Spirits Consulting or Salza GmbH, respectively, to establish contact with the customer.
XIV. INFORMATION AND CONSENT
1. The Customer represents that (s)he has been provided information about and has been made aware of:
a) the name and address as well as all other identification data of Wine and Spirits Consulting or Salza GmbH, respectively;
b) all characteristics of the goods and services provided by Wine and Spirits Consulting and Salza GmbH;
c) information about the composition, packaging, intended purpose and use of the goods;
d) the final price for the goods and the price for their delivery inclusive of all taxes and fees;
e) the conditions for payment, delivery, performance, the date on which Wine and Spirits Consulting or Salza GmbH, respectively, is obliged to deliver the goods;
f) the conditions, the term and the procedure to make a claim and repudiate the contract, including the sample form under appendix No. 6 to the Consumer Protection Act;
g) the period for which the price for the good is valid;
h) the conditions and term of the warranty/shelf life;
i) information for contact with Wine and Spirits Consulting or Salza GmbH, respectively, including by telephone and e-mail;
j) the technical steps for conclusion of the contract and their legal meaning;
k) the technical means of finding and correcting errors while entering information before making the statement for the conclusion of the contract;
l) the availability of the goods;
m) the dangers related to the ordinary use, use or maintenance of the goods.
2. The Customer gives his/her consent to the conclusion of a distance contract as well as to advance and preliminary payments for the delivery of the products.
3. Wine and Spirits Consulting is registered under the VAT Act under number BG203607096.
4. Salza GmbH is registered under ………………………
XV. NOTICES
1. Unless expressly stated otherwise all notices shall be sent to the addresses for contacts announced in a conspicuous place in the online store and, respectively, in Customer’s contact e-mail and address specified by him/her upon the registration.
XVI. INFORMATION FOR VISITORS
1. All visitors of the online store shall be obliged to abide by these General Terms and Conditions in their part concerning the copyrights and other rights of Wine and Spirits Consulting and to abstain from any acts that would infringe the rights or lawful interests of Wine and Spirits Consulting or Salza GmbH, respectively, this to include: not to publish materials containing viruses or other programs aiming to destroy or harm the platform or another system as well as materials with banned, obscene, libelous, threatening or malicious content with respect to Wine and Spirits Consulting, Salza GmbH or a third party.
XVII. PARTIAL INVALIDITY
1. The invalidity of any individual texts of these general terms and conditions shall not entail the invalidity of the entire General Terms and Conditions.
XVIII. FORCE MAJEURE AND OTHER CONDITIONS
1. Wine and Spirits Consulting or Salza GmbH, respectively, shall not be liable for partial or full default on obligations or commitments caused by a force majeure.
2. Wine and Spirits Consulting or Salza GmbH, respectively, shall not be liable for damages, lost profits, expenses, claims, or other liabilities to the customers or to third parties if they have occurred as a result of Customer’s or third party’s failure to fulfill these General Terms and Conditions or the legislation in force.
XIX. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
1. Wine and Spirits Consulting and Salza GmbH reserve their right to change the General Terms and Conditions, without a prior notice to the customers. The new General Terms and Conditions shall be published on the website of the online store.
2. The Customer shall be responsible to follow and make himself/herself familiar with the amendments to the general terms and conditions.
3. Changes shall take effect immediately and shall be binding for all customers. Some changes may be retroactive with respect to orders having already been delivered or placed.
4. Wine and Spirits Consulting and Salza GmbH shall not be liable for errors that may appear on the website of the online store, including for errors caused by changes, settings and other actions which have not been carried out by Wine and Spirits Consulting or Salza GmbH.
XX. APPLICABLE LAW
1. For any matters not settled in relation to the sale of goods on the territory of the Republic of Bulgaria the Bulgarian legislation shall apply, including upon use of the platform by foreign customers. All disputes related to the services provided via the online store shall be settled by the competent Bulgarian court.
2. For the sale of goods to customers outside the territory of the Republic of Bulgaria the Austrian legislation shall apply. All disputes related to the services provided via the online store shall be settled by the competent Austrian court.
