Main conditions

I. SUBJECT

Art. 1. These general terms and conditions are intended to regulate the relations between Audio Box Ltd., Sofia, 12 Iliyantsi Blvd., UIC 204850382, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as the USERS, of the electronic store "nova-bite.com", also referred to as the "ELECTRONIC STORE".

 

II. DATA ABOUT THE SUPPLIER

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

1. Name of the Provider: Audio Box Ltd.

2. Registered office and address of management: Sofia, 12 Iliyantsi Blvd.

3. Correspondence details: Sofia, Mramor, 2 Boro St.

4. Registration in public registers: UIC 204850382,

 

Supervisory authorities:

(1) Personal Data Protection Commission Address: 2 Prof. Tsvetan Lazarov Blvd., Sofia, tel.: (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, 4A Slaveykov Sq., 3rd, 4th and 6th floors, tel.: 02 / 980 25 24 fax: 02 / 988 42 18 hotline: 0700 111 22 Website: www.kzp.bg

(3) Online platform for consumer dispute resolution (ODR) of the European Commission (EC) in accordance with EU Regulation No 524/2013 – https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=BG

 

III. CHARACTERISTICS OF nova-bite.com

Art. 3. nova-bite.com is an electronic store, accessible at the Internet address nova-bite.com, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the offered goods, incl. works of art, furniture and accessories and services, including the following:

1. To register and create a profile for browsing nova-bite.com and using the additional services for providing information;

2. To make electronic statements in connection with the conclusion or execution of contracts with nova-bite.com through the interface of the nova-bite.com website, accessible on the Internet;

3. To conclude contracts for the purchase and sale and delivery of goods offered by nova-bite.com;

4. To make any payments in connection with the concluded contracts with nova-bite.com, according to the payment methods supported by nova-bite.com.

5. To receive information about new goods offered by nova-bite.com;

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

7. To be notified of the rights arising from the law primarily through the interface of the nova-bite.com website on the Internet;

Art. 4. The Supplier delivers the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.

Art. 5. (1) Users conclude a contract for the purchase and sale of goods offered by nova-bite.com through the Provider's interface, accessible on its website at nova-bite.com or another means of distance communication.

(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Provider undertakes to deliver and transfer ownership to the User of the goods specified by him through the interface.

(3) Users pay the Provider a fee for the delivered goods in accordance with the conditions set out on nova-bite.com and these general terms and conditions. The fee is in the amount of the price announced by the Provider at the nova-bite.com address on the Internet.

(4) The Provider sends the goods requested by the Users by courier within 15 working days and under the conditions set out by the Provider on the e-shop website and in accordance with these general terms and conditions.

(5) The prices announced in the online store nova-bite.com are INCLUDED with Value Added Tax (VAT) and EXCLUDED with transport, unless explicitly stated otherwise.

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

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

(2) It is assumed that the electronic statements made by the Users of the site were made by the persons specified in the data provided by the User upon registration, if the User has entered the relevant username and password for access.

1. USE OF nova-bite.com

Art. 7. (1) In order to use nova-bite.com to conclude contracts for the purchase and sale of goods, the User must enter a name and password for remote access chosen by him, in cases where the e-shop requires registration.

(2) The name and password for remote access are determined by the User, by registering electronically on the Provider's website.

(3) By filling in his data and pressing the "Accept" and "Registration" buttons, the User declares that he is familiar with these general terms and conditions, agrees with their content and undertakes to unconditionally comply with them.

(4) The Provider confirms the right to access the data necessary to identify the User in the relevant social or other network.

Art. 8. (1) The email address provided upon initial registration of the User, as well as any subsequent email address used for the exchange of statements between the User and the Provider, is the “Primary Email Address” within the meaning of these general terms and conditions. The User has the right to change his/her Primary Contact Email Address.

(2) The Provider is not liable to the User for any unlawful change of the Primary Contact Email Address.

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

(4) The Provider may use the Primary Contact Email Address to send additional information regarding nova-bite.com, including new products, promotions, etc.

 

1. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALES AGREEMENT

Art. 9. (1) Users primarily use the interface of the Supplier's website to conclude purchase and sale agreements for the goods offered by the Supplier on nova-bite.com.

(2) The agreement is concluded in Bulgarian.

(3) The agreement between the Supplier and the User constitutes these general terms and conditions, available at nova-bite.com

(4) The User is a party to the agreement with the Supplier 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 with the Supplier was created.

(5) The Supplier includes in the interface of its website technical means for identifying and correcting errors when entering information before the statement for concluding the agreement is made.

(6) This contract is considered to be concluded from the moment of registration of the User with the Provider. The contract for the purchase and sale of goods is considered to be concluded from the moment of its application by the User through the Provider's interface.

(7) The Provider shall expressly notify the User of the conclusion of this contract and of the conclusion of the contract for the purchase and sale of goods in an appropriate manner by electronic means.

(8) The statement for the conclusion of the contract and the confirmation of its receipt shall be considered to have been received when their addressees have the opportunity to access them.

(9) The Provider shall deliver the goods to the address specified by the Users and shall not be liable in the event that the data specified by the Users are incorrect or misleading.

Art. 10. Users conclude the purchase and sale contract with the Supplier according to the following procedure:

(1) Registration on nova-bite.com and provision of the necessary data, if the User does not have a registration on nova-bite.com until now;

(2) Login to the ordering system on nova-bite.com by identifying with a name and password;

(3) Selecting one or more of the goods offered on nova-bite.com and adding them to a list of goods for purchase;

(4) Provision of data for delivery;

(5) Selection of the method and time of payment of the price.

(6) Confirmation of the order;

 

1. SPECIAL OBLIGATIONS OF THE SUPPLIER. 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 the conclusion of the purchase and sale contract or upon registration on nova-bite.com, 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 the protection of consumers in respect of distance contracts.

Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the nova-bite.com website.

(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the nova-bite.com website.

(3) The value of the postal and transport costs, not included in the price of the goods, is determined by the Supplier and is 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 Supplier's website at nova-bite.com;

– When selecting the goods for concluding the purchase and sale contract;

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

(5) The information provided to the Users under this article is current at the time of its visualization on the Supplier's website at nova-bite.com before concluding the purchase and sale contract.

(6) The Supplier must indicate the terms of delivery of the individual goods on the nova-bite.com website.

(7) The Supplier indicates before concluding the contract the total value of the order for all goods contained therein.

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

(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 the financial markets, which the Supplier is not able to control;

– for the delivery of goods made according to the requirements of the consumer or on his individual order;

– for the delivery of goods which, due to their nature, are consumable or cannot be returned or are subject to rapid deterioration, or there is a risk of deterioration of their quality characteristics, including perfumery and cosmetic products;

– for the delivery of audio and video recordings or software products printed by the consumer;

– for the delivery of newspapers, magazines and other periodicals;

(3) When the Supplier has not fulfilled its obligations to provide information, as defined in art. 54 of the Law on the Protection ofconsumers, the consumer has the right to withdraw from the concluded contract within a period of up to three months, counting 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 starts to run from the date of its provision.

(4) In the event that the consumer exercises his right of withdrawal under para. 1, the Supplier is obliged to refund the amounts paid by the consumer in full no later than 30 calendar days, counting from the date on which the consumer exercised his right of withdrawal from the concluded contract. The costs of returning the goods are deducted from the amount paid by the consumer under the contract, unless the consumer has returned the goods at his own expense and has notified the Supplier thereof.

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

Art. 15. (1) The delivery period of the goods and the starting point from which it runs is determined for each good separately upon conclusion of the contract with the consumer through the Supplier’s website at nova-bite.com, unless the goods are ordered in one delivery.

(2) In case the consumer and the Supplier have not determined a delivery period, the delivery period of the goods is 30 working days, counting from the date following the sending of the consumer’s order to the Supplier through the Supplier’s website nova-bite.com.

(3) If the Supplier cannot fulfill the contract due to not having the ordered goods, it is obliged to notify the consumer thereof and to refund the amounts paid by him within 30 working days from the date on which the Supplier should have fulfilled its obligation under the contract.

(4) In the cases under para. 3, the Supplier has the right to deliver to the consumer goods of the same quality and price. The Supplier shall notify the consumer electronically of the change in the performance of the contract.

(5) In the event of exercising the right of withdrawal from the supply contract under para. 4, the costs of returning the goods shall be borne by the Supplier.

Art. 16. (1) The Supplier shall hand over 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 Supplier shall verify the circumstances under para. 1 in writing at the time of delivery by means of a handwritten signature, unless otherwise agreed.

(3) The consumer and the Supplier 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 inferred to be the person who will transmit the information to the consumer – a party to the contract.

VII. OTHER CONDITIONS

Art. 17. (1) The Supplier shall deliver and hand over the goods to the User within the period specified at the conclusion of the contract.

(2) If the period under para. 1 is not expressly agreed upon between the parties at the conclusion of the contract, the Supplier shall deliver and hand over the goods within a reasonable period of time, but not later than 2 months.

Art. 18. (1) The User must inspect the goods at the time of delivery and handover by the Supplier and, if they do not meet the requirements, immediately notify the Supplier.

(2) In the event that the User refuses to accept the goods, although they correspond to the original description (in the event that the courier allows inspection of the goods before receiving them), the User shall pay the fee for returning the goods to the Supplier.

 

VIII. PERSONAL DATA PROTECTION

Art. 19. (1) The Supplier shall take measures to protect the User’s personal data in accordance with the Personal Data Protection Act.

(2) For reasons of security of the Users' personal data, the Provider will send the data only to the e-mail address that was specified by the Users at the time of registration.

(3) The Provider guarantees to the Users the confidentiality of the information provided and the protection of their personal data. The latter will not be used, provided or made known to third parties except in the cases and under the conditions specified in these General Terms and Conditions. The Provider protects the user's personal data that became known to it when filling out the electronic registration form and/or making an order application, as this obligation shall be waived in the event that the user has provided false data. Subject to the applicable legislation and the clauses of these General Terms and Conditions, the Provider may use the user's personal data solely and exclusively for the purposes provided for in these General Terms and Conditions. Any other purposes for which the data are used will be in accordance with Bulgarian legislation and applicable international acts.

(4) The Provider undertakes not to disclose any personal data about the Users to third parties - state bodies, commercial companies, individuals and others, except in cases where it has received the explicit written consent of the User, the information is requested by state bodies or officials who, according to the current legislation, are authorized to request and collect such information.

Art. 20. (1) InAt any time, the Provider has the right to require the User to identify themselves and to verify the authenticity of each of the circumstances and personal data declared during registration.

(2) In the event that for any reason the User has forgotten or lost his/her username and password, the Provider has the right to apply the announced “Procedure for lost or forgotten usernames and passwords”, available at nova-bite.com

1. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 21. (1) These general terms and conditions may be amended by the Provider, of which the latter will notify all Users of nova-bite.com who have registered in an appropriate manner.

(2) The Provider and the User agree that any additions and amendments to these general terms and conditions will be effective against the User after the Provider has expressly notified him/her and if the User does not declare within the 14-day period provided to him/her that he/she rejects them.

(3) The User agrees that all statements by the Provider in connection with the amendment of these general terms and conditions will be sent to the email address specified by the User upon registration. The User agrees that emails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him/her.

Art. 22. The Provider publishes these general terms and conditions at nova-bite.com, together with all additions and amendments thereto.

 

1. TERMINATION

Art. 23. These general terms and conditions and the User's contract with the Provider shall be terminated in the following cases:

 

• upon termination and liquidation or bankruptcy of one of the parties to the contract;

• by mutual agreement of the parties in writing;

• unilaterally, with prior notice from each party in the event of non-fulfillment of the obligations of the other party;

• in the event of objective impossibility of any of the parties to the contract to fulfill its obligations;

• upon seizure or sealing of the equipment by state authorities;

• in the event of deletion of the User's registration on the nova-bite.com website. In this case, concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;

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

 

1. OTHER CONDITIONS

Art. 24. The possible invalidity of any of the provisions of these general terms and conditions shall not result in the invalidity of the entire contract.

Art. 25. The laws of the Republic of Bulgaria shall apply to any issues not settled in this contract, related to the implementation and interpretation of this contract.

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

Art. 27. These general terms and conditions shall enter into force for all Users of nova-bite.com.

Art. 28. If the product has already been placed on the wall, it is not subject to complaint.

Art. 29. Audio Box Ltd. reserves the right to refuse an order from a customer with an incorrect attitude towards previous orders from the same customer.

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According to EU provisions and regulations, each user has the right to informed consent when choosing to use or not a given site that uses cookies for various purposes of optimization and improvement of user perceptions of the site. In compliance with these legal directives, which also apply to sites in Bulgaria, nova-bite.com provides information to its users about the cookies used.

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• Each user has the right to refuse profiling and receiving commercial communication, without any effect other than that of not receiving personalized marketing offers and discounts.

• For the purposes of data processing, profiling (tracking actions) and interaction with the website, Retargeting.Biz automatically collects and stores the following data: user's email address, phone number, names, gender, address, city, county, date of birth, order number (ID) of the order, discount code, discount code value, order value, delivery value, product price, product/s, product variations, IP, browser, operating system, cookie, location relative to IP, date and time, pages viewed, category/s, brand/s, click on a photo, mouse over the add to cart button, scroll down-up, add to cart, remove from cart, select variations, add to wishlist, comment, like and share on Facebook, visit to Help pages.

• The group of targeted entities are visitors, registered users and customers of the website, depending on the case and the selected service. Visitor data will be stored for a period of 2 months, and registered users and customers data will be stored for a period of 3 years.

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Return of goods

Within 14 days, you can return or exchange the item if you meet the following conditions:

• The item is not in damaged commercial condition (it must not be torn, scratched, used, washed, washed).

• It is not in damaged appearance due to improper use.

• Original packaging and accessories, if any, are preserved.

• Courier costs are paid by the customer.

• The goods are returned together with the receipt/invoice

• The address for returning shipments is Sofia, Mramor, 2 Boro St., Audio Box Ltd., Tel. 0897421611.