Terms of service

I. SUBJECT

Art. 1. These General Terms and Conditions are intended to regulate the relations between “ATRA 96” Ltd, Plovdiv, Antim I Street No. 22, UIC 115062959, represented by Boris Ivanov, hereinafter referred to as the PROVIDER, and the clients, hereinafter referred to as USERS of the electronic store “www.atra-bg.com”, hereinafter referred to as the "ONLINE STORE".

II. PROVIDER INFORMATION

Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:

  1. Name of the Provider: “ATRA 96” Ltd

  2. Headquarters and address of management: Plovdiv, Antim I Street No. 22

  3. Address for carrying out the activity: Plovdiv, Vasil Levski Street 242

  4. Contact details: Email: atra.socials@gmail.com; Phone: +359 884 138 832

  5. Registration in public registers: UIC 115062959,

  6. Supervisory authorities:

(1) Commission for Personal Data Protection

Address: Sofia, Ivan Evstratiev Geshov Street No. 15, Phone: (02) 940 20 46, Fax: (02) 940 36 40

Email: kzld@government.bg, kzld@cpdp.bg, Website: www.cpdp.bg

(2) Consumer Protection Commission

Address: 1000 Sofia, Slaveykov Square No. 4A, Floors 3, 4, and 6, Phone: 02 / 980 25 24, Fax: 02 / 988 42 18, Hotline: 0700 111 22, Website: www.kzp.bg

  1. VAT Registration Number: BG 115062959

III. CHARACTERISTICS OF THE ONLINE STORE

Art. 3. The ONLINE STORE is an electronic store, accessible at the Internet address [DOMAIN NAME], through which Users have the opportunity to conclude contracts for purchase and delivery of the goods offered by the ONLINE STORE, including the following:

  1. To register and create a profile to review the ONLINE STORE and use the additional services for providing information;

  2. To make electronic statements in connection with the conclusion or execution of contracts with the ONLINE STORE through the interface of the ONLINE STORE page, accessible on the Internet;

  3. To conclude contracts for the purchase and delivery of the goods offered by the ONLINE STORE;

  4. To make any payments related to the contracts concluded with the ONLINE STORE, according to the payment methods maintained by the ONLINE STORE.

  5. To receive information about new goods offered by the ONLINE STORE;

  6. To review the goods, their characteristics, prices, and delivery terms;

  7. To be informed of their rights under the law primarily through the interface of the ONLINE STORE page on the Internet;

Art. 4. The Provider delivers the goods and guarantees the rights of the Users provided by law, within the framework of good faith, practices, consumer or commercial law criteria and conditions.

Art. 5. (1) Users conclude a contract for the purchase of goods offered by the ONLINE STORE through the interface of the Provider or other means of distance communication.

(2) Under the contract concluded with the Users for the purchase of goods, the Provider undertakes to deliver and transfer ownership to the User of the goods determined by them through the interface.

(3) Users pay the Provider remuneration for the delivered goods according to the conditions set out in the ONLINE STORE and these general terms and conditions. The remuneration is the price announced by the Provider at the address of the ONLINE STORE on the Internet.

(4) The Provider delivers the goods requested by the Users within the terms and under the conditions specified by the Provider on the ONLINE STORE page and according to these general terms and conditions.

(5) The delivery price is determined separately and explicitly from the price of the goods.

Art. 6. (1) The User and the Provider agree that all statements between them in connection with the conclusion and execution of the purchase contract may be made electronically and by electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.

(2) It is assumed that the electronic statements made by the Users on the site are made by the persons indicated in the data provided by the User during registration if the User has entered the respective name and password for access.

IV. USE OF THE ONLINE STORE

Art. 7. (1) To use the ONLINE STORE for concluding contracts for the purchase of goods, the User must enter a chosen name and password for remote access.

(2) The name and password for remote access are determined by the User through electronic registration on the Provider's website.

(3) By filling in their data, ticking the box next to “I have read and agree with the General Terms and Conditions” and pressing the “Continue” button on the “Registration” page, the User declares that they are familiar with these general terms and conditions, agree with their content and unconditionally undertake to comply with them.

(4) The Provider confirms the registration made by the User by sending a letter to the email address specified by the User. An account is created for the User, and contractual relations arise between the User and the Provider from the moment of the first use of the ONLINE STORE as a registered User.

(5) When registering, the User undertakes to provide correct and up-to-date data. The User updates the data specified in their registration in a timely manner in the event of a change.

(6) If the registration of the User is done through a profile in web social networks or other networks, the contracting party is the person who is the holder of the profile used for registration in the respective social or other network. In this case, the Provider has the right to access the data necessary to identify the User in the respective social or other network.

Art. 8. (1) The email address provided at the initial registration of the User, as well as any subsequent email address used for exchanging statements between the User and the Provider, is "Primary Email Address" within the meaning of these general terms and conditions. The User has the right to change their Primary Contact Email Address.

(2) Upon receiving a request to change the Primary Contact Email Address, the Provider sends a confirmation request for the change. The confirmation request is sent by the Provider to the new Primary Contact Email Address specified by the User.

(3) The change of the Primary Contact Email Address is made after confirmation by the User, expressed through a link contained in the confirmation request, sent by the Provider to the new Primary Contact Email Address specified by the User.

(4) The Provider informs the User about the performed change through an electronic letter sent to the Primary Contact Email Address specified by the User before changing it according to para. 2.

(5) The Provider is not liable to the User for illegal change of the Primary Contact Email Address.

(6) The Provider may require the User to use the Primary Contact Email Address in specific cases.

V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT

Art. 9. (1) Users mainly use the interface of the Provider's page to conclude contracts for the purchase of the goods offered by the Provider in the ONLINE STORE.

(2) The contract is concluded in Bulgarian.

(3) The contract between the Provider and the User represents these general terms and conditions.

(4) The contracting party with the Provider is the User according to the data provided during registration and contained in the User's personal profile. For the avoidance of doubt, these are the data with which an account was created with the Provider.

(5) The Provider includes in the interface of its Internet page, technical means for establishing and correcting errors in the input of information before making the statement for concluding the contract.

(6) This contract is considered concluded from the moment of registration of the User with the Provider. The contract for the purchase of goods is considered concluded from the moment the User makes a request through the Provider's interface.

(7) For the conclusion of this contract and for the conclusion of the contract for the purchase of goods, the Provider explicitly notifies the User in an appropriate manner through electronic means.

(8) The statement for concluding the contract and the confirmation of its receipt are considered received when their recipients have the opportunity to access them.

(9) The Provider delivers the goods to the address specified by the Users and is not responsible if the data provided by the Users is incorrect or misleading.

Art. 10. Users conclude the contract for the purchase of goods with the Provider according to the following procedure:

(1) Registration in the ONLINE STORE and providing the necessary data if the User has not registered in the ONLINE STORE before;

(2) Entering the system for making orders in the ONLINE STORE by identifying with a name and password;

(3) Selecting one or more of the goods offered in the ONLINE STORE and adding them to the list of goods for purchase;

(4) Providing data for delivery;

(5) Choosing the method and time for payment of the price;

(6) Confirming the order;

VI. SPECIAL OBLIGATIONS OF THE PROVIDER. CONSUMER PROTECTION

Art. 11. The rules of this section VI of these general terms and conditions apply to users who, according to the data provided for concluding the purchase contract or during registration in the ONLINE STORE, can be concluded to be consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act, and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on consumer protection with regard to distance contracts.

Art. 12. (1) The main characteristics of the goods offered by the Provider are defined in the profile of each item on the ONLINE STORE website.

(2) The price of the goods, including all taxes, is determined by the Provider in the profile of each item on the ONLINE STORE website.

(3) The value of postal and transport costs not included in the price of the goods is determined by the Provider and provided as information to the Users at one of the following times before concluding the contract:

  • In the profile of each of the goods on the Provider's ONLINE STORE website;

  • When selecting the goods for concluding the purchase contract;

(4) The method of payment, delivery, and execution of the contract is defined in these general terms and conditions, as well as the information provided to the User on the Provider's website.

(5) The information provided to the Users under this article is current at the time of its visualization on the Provider's ONLINE STORE website before concluding the purchase contract.

(6) The Provider necessarily specifies the delivery conditions for each item on the ONLINE STORE website.

(7) The Provider specifies before concluding the contract the total value of the order for all goods contained in it.

Art. 13. (1) The consumer agrees that the Provider has the right to accept advance payment for the contracts for the purchase of goods concluded with the consumer and their delivery.

(2) The consumer independently chooses whether to pay the Provider the price of the delivery of the goods before or at the time of their delivery.

Art. 14. (1) The consumer has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days from the date of receipt of the goods.

(2) The right of withdrawal under para. 1 does not apply in the following cases:

  • for the delivery of goods and the provision of services, the price of which depends on fluctuations in financial markets that the Provider cannot control;

  • for the delivery of goods made according to the consumer's specifications or clearly personalized;

  • for the delivery of audio and video recordings or software products unsealed by the consumer;

(3) When the Provider has not fulfilled its obligations to provide information specified in Art. 54 of the Consumer Protection Act, the consumer has the right to withdraw from the concluded contract within three months from the date of receipt of the goods. When the information under this paragraph is provided to the consumer within the withdrawal period, the same begins to run from the date of its provision.

(4) If the consumer exercises the right of withdrawal under para. 1, the Provider is obliged to refund in full the amounts paid by the consumer no later than 30 calendar days from the date on which the consumer exercised the right of withdrawal from the concluded contract. From the amount paid by the consumer under the contract, the costs of returning the goods are deducted unless the consumer has returned the goods at their own expense and notified the Provider of this.

(5) The consumer is obliged to preserve the goods received from the Provider, their quality, and safety during the period under para. 1.

Art. 15. (1) The delivery period of the goods and the starting moment from which it runs is determined for each item individually when concluding the contract with the consumer through the Provider's ONLINE STORE website unless the goods are ordered in one delivery.

(2) If the consumer and the Provider have not determined a delivery period, the delivery period of the goods is 30 working days from the day following the sending of the consumer's order to the Provider through the Provider's ONLINE STORE website.

(3) If the Provider cannot fulfill the contract because they do not have the ordered goods, they must notify the consumer and refund the amounts paid by them within 30 working days from the date the Provider was supposed to fulfill their obligation under the contract.

(4) In the cases under para. 3, the Provider has the right to deliver to the consumer goods of the same quality and price. The Provider notifies the consumer electronically about the change in the contract's execution.

(5) In case of exercising the right of withdrawal from the contract for deliveries under para. 4, the costs of returning the goods are borne by the Provider.

Art. 16. (1) The Provider transfers the goods to the consumer after verifying the fulfillment of the requirements and the existence of the circumstances under Art. 61 of the Consumer Protection Act.

(2) The consumer and the Provider verify the circumstances under para. 1 in writing at the time of delivery by a handwritten signature unless otherwise agreed.

(3) The consumer and the Provider agree that the requirements under para. 1 and Art. 61 of the Consumer Protection Act will be complied with if the verification is carried out by a person who, according to the circumstances, can be assumed to transfer the information to the consumer - the party to the contract.

VII. OTHER CONDITIONS

Art. 17. (1) The Provider delivers and transfers the goods to the User within the term determined upon concluding the contract.

(2) If the term under para. 1 is not explicitly agreed upon between the parties when concluding the contract, the Provider delivers and transfers the goods within a reasonable term, but not later than 2 months.

Art. 18. The User must inspect the goods at the time of delivery and transfer by the Provider and if they do not meet the requirements, to notify the Provider immediately.

VIII. PERSONAL DATA PROTECTION

Art. 19. (1) The Provider takes measures to protect the User's personal data according to the Personal Data Protection Act.

(2) For the security of the Users' personal data, the Provider will send the data only to the email address provided by the Users during registration.

(3) The Provider accepts and publishes a Privacy Policy on its website, available at this address.

Art. 20. (1) At any moment, the Provider has the right to require the User to identify themselves and verify the authenticity of any of the circumstances and personal data announced during registration.

(2) If for any reason the User has forgotten or lost their password, the Provider has the right to apply the announced “Procedure for lost or forgotten password”, available at www.atra-bg.com.

IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 21. (1) These general terms and conditions may be amended by the Provider, for which the latter will notify all Users of the ONLINE STORE who have registration in an appropriate manner.

(2) The Provider and the User agree that any supplement and amendment to these general terms and conditions will have effect towards the User after their explicit notification by the Provider and if the User does not declare within the provided 14-day period that they reject them.

(3) The User agrees that all statements of the Provider in connection with the amendment of these general terms and conditions will be sent to the email address specified by the User during registration. The User agrees that the emails sent according to this article do not need to be signed with an electronic signature to have effect towards them.

Art. 22. The Provider publishes these general terms and conditions together with all supplements and amendments to them.

X. TERMINATION

Art. 23. These general terms and conditions and the User's contract with the Provider are terminated:

  • in case of termination and declaration of liquidation or bankruptcy of one of the parties to the contract;

  • by mutual consent of the parties in writing;

  • unilaterally, with notice from either party in case of non-performance of the obligations of the other party;

  • in case of objective impossibility for either party to perform their obligations;

  • in case of seizure or sealing of equipment by state authorities;

  • in case of deletion of the User's registration on the ONLINE STORE website. In this case, the concluded but unfulfilled purchase contracts remain in force and are subject to execution;

  • in case of exercising the right of withdrawal according to Art. 55, para. 1 of the Consumer Protection Act.

XI. OTHER CONDITIONS

Art. 24. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.

Art. 25. For issues not settled in this contract, related to the performance and interpretation of this contract, the laws of the Republic of Bulgaria apply.

Art. 26. All disputes between the parties to this contract will be resolved by the competent court or the Consumer Protection Commission.

Art. 27. These general terms and conditions come into effect for all Users on 01.06.2022.