General terms and conditions

I. SUBJECT

Art. 1. These general terms and conditions are intended to regulate the relations between the SUPPLIER and the customers, hereinafter referred to as the USER(S) of the online store of "Native Distribution" Ltd., hereinafter referred to as the "SUPPLIER".

II. PROVIDER DATA

Art. 2. (1) Information pursuant to the Electronic Commerce Act and the Consumer Protection Act:

Name of the Supplier: "Native Distribution" Ltd.
Headquarters and management address: 18 Poruchik Nedelcho Bonchev Str., Sofia 1528
Correspondence details: 18 Poruchik Nedelcho Bonchev Str., Sofia 1528, office@native-bg.com , tel: 0879 505 102
Entry in public registers: UIC 131429109

(2) Supervisory authorities:

1. Personal Data Protection Commission
Address: Sofia, 2 Prof. Tsvetan Lazarov Street,
tel.: (02) 940 20 46, fax: (02) 940 36 40
e-mail: 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,
tel.: 02 / 980 25 24, fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg

III. CHARACTERISTICS OF THE ELECTRONIC STORE

Art. 3. Native Distribution is an operator of a website and e-shop, accessible at the Internet address https://www.native-bg.com/ , through which users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by Native Distribution, including the following:

To register and create a profile for browsing the website and using additional information services. For this purpose, users must complete the electronic registration form located at the Internet address https://www.native-bg.com/ . When completing the electronic registration form, the respective user is obliged to provide the required and correct data, as well as to update them within 7 days of their change. The user guarantees that the data he provides during the registration process is correct, complete and accurate and will update them in a timely manner if the latter changes. In the event that the respective user provides incorrect data or changes are not reflected within the period specified above, the provider has the right to terminate the contract by immediately and without notice suspending the maintenance and access of the user to his profile. The online store also provides the opportunity to browse and order as a guest. The guest user is obliged to fill out the relevant form with the required data. The user guarantees that the data he provides is true, complete and accurate;
To review the goods, their characteristics, prices and delivery terms;
To conclude contracts with the supplier for the purchase, sale and delivery of the goods offered by the SUPPLIER;
To make payments in connection with concluded contracts through electronic means of payment.
To receive information about new products offered by the SUPPLIER. In case the USER does not wish to receive email correspondence and advertising Newsletter, he/she may opt out at any time;
To review the goods, their characteristics, prices and delivery terms. In this regard, the supplier publishes a description of the main characteristics and an image of each good, according to the information specified by the manufacturer;
To make electronic statements in connection with the conclusion or performance of contracts with the PROVIDER through the interface of the PROVIDER 's website, accessible on the Internet. Before making the statement, the relevant user may freely correct the information entered by him in the registration form;
To be notified of the rights arising from the law, primarily through the interface of the e-store on the Internet;
To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

Art. 4. The Supplier delivers the goods and guarantees the rights of the Users, as 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 the goods offered by the SUPPLIER through the Supplier's interface, accessible on its website at https://www.native-bg.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 Supplier undertakes to deliver and transfer ownership of the goods specified by him through the interface to the User. The goods are delivered to the delivery address of the User or to a third party - a representative of the User, who accepts and confirms receipt of the same on behalf of the User. Upon delivery of the goods, the User or the third party - a representative of the User signs the accompanying documents, which serve as confirmation of the delivery of the goods. In the event that the User is not found within the delivery period at the address specified by him or access and conditions for delivery of the goods are not provided within this period, the Supplier is released from its obligation to deliver the requested goods. The User may confirm his desire to receive the goods even after the expiry of the delivery period in which he was not found at the address, assuming all delivery costs. In this case, a new delivery period begins from the moment of confirmation under the previous sentence.

(3) The USER pays the SUPPLIER a fee for the delivered goods in accordance with the terms and conditions set out on the website and these general terms and conditions. The prices of the products in the online store are in Bulgarian leva, including VAT. The prices do not include delivery costs.

(4) The Supplier delivers the goods requested by the Users within the terms and conditions set by the Supplier on the e-shop page and in accordance with these general terms and conditions. Orders are processed from Monday to Friday from 9:00 a.m. to 5:00 p.m. Orders placed after 5:00 p.m. from Monday to Friday are processed on the next business day. Orders placed after 5:00 p.m. on Friday are processed on the first following business day. Orders placed on Saturday or Sunday are processed on the first following business day. Delivery time on the territory of the city of Sofia – from one to three business days.

(5) 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 indicated in the data provided by the User upon registration, if the User has entered the relevant username and password for access.

IV. USE OF AN ELECTRONIC STORE

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

(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 his/her data and clicking the "Registration" and "Create" buttons, the User declares that he/she is familiar with these general terms and conditions, agrees with their content and undertakes to comply with them.

(4) The Provider confirms the registration made by the User by sending a letter to the e-mail address specified by the User, to which information for activating the registration is also sent.

(5) In case a profile on web social networks or other networks is used for the registration of the User, the party to the contract is the person who is the holder of the profile used for the registration on the relevant social or other network. In this case, the Provider has the right to access the data necessary to identify the User on the relevant social or other network.

Art. 8. 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. Upon receipt of a request to change the Primary Contact Email Address, the Provider sends a request for confirmation of the change. The request for confirmation is sent by the Provider to the new Primary Contact Email Address specified by the User. The Provider is not liable to the User for any unlawful change of the Primary Contact Email Address.

V. 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 contracts for the goods offered by the Supplier in the e-store.

(2) The contract shall be concluded in Bulgarian.

(3) The contract between the Provider and the User constitutes these general terms and conditions, available at https://www.native-bg.com/

(4) The party to the contract 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 shall include in the interface of its website technical means for identifying and correcting errors in the entry of information before the statement for the conclusion of the contract is made.

Art. 10. The Supplier has the right:

To collect and use information about its users when they register, such information may include name, surname, family name, address, telephone number, e-mail address for correspondence and any other information provided upon registration and any other information entered or provided upon requesting, receiving or using the services provided by the provider, including participation in promotions, raffles and competitions, filling out questionnaires, forms and others, as the Provider will use the same in compliance with the Personal Data Protection Act;
To receive from the User the respective amounts due for the purchased items;
To send newsletters with advertising messages to the User, for the receipt of which the User has explicitly subscribed and agreed to receive.
To organize competitions or provide promotions on its own behalf. All such initiatives are subject to separate terms and conditions, which are provided expressly in connection with the conduct of the relevant competition or promotion.

Article 11. The Supplier undertakes:

To provide access to the User's e-store, subject to compliance with the general terms and conditions and access requirements, except in the event of circumstances beyond the Provider's control - cases of force majeure, random events, problems in the global Internet network and others;
To ensure that the information in the store is always kept accurate and up-to-date, but does not guarantee the accuracy and completeness of the same;
To store and protect the User's personal data within the meaning of the Personal Data Protection Act; not to share the User's personal data with third parties and companies, except in cases where the User has received the express written consent of the User, the information is requested by state authorities or officials who, according to the current legislation, are authorized to request and
collect such information - the provider is obliged to provide the information by law;
To comply with the terms and conditions for filing complaints and submitting requests for replacement of ordered goods, terms and conditions published on the website and declares that he is considered bound by these terms and conditions. In case of failure to comply with the obligations, the Provider has the right to immediately and without prior warning suspend the access of the User and third parties to his user profile, as well as the right to compensation for all damages suffered and lost profits that are a direct and immediate consequence of the failure to fulfill the obligations under the previous paragraph by the User. In these cases, the Provider has the right to notify the competent state authorities.

Art. 12. The Supplier is not liable:

In the event of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities, which objectively impede the performance of the contract;
For failure to provide access to the store, as well as for failure to process or untimely processing of purchase requests, in the event of circumstances beyond its control - cases of force majeure, random events, problems in the global Internet network and others;
Does not guarantee that access to the store will be uninterrupted, timely, secure and error-free when this is beyond its capabilities, control and will;
For damages caused by the User to third parties.
For material or non-material damages, expressed in lost profits or damages suffered by the User in the process of accessing the website and concluding purchase and sale contracts with the Provider.
In the event of overcoming the security measures of the technical equipment by third parties and resulting in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
Is not responsible for any damage caused to software, hardware or telecommunications equipment, or for any loss of data resulting from materials or resources searched, loaded or used in any way through it;
There is no obligation or objective possibility to control the way the User uses the store.

Art. 13. The User has the right:

To receive the goods ordered by him at the address specified by him.
To access the website through your user profile, as well as as a guest;
To correct the personal data provided in your user profile.

Art. 14. The User undertakes:

To provide an accurate and valid telephone number, delivery address and e-mail address for correspondence;
To pay the stated price of the goods he has ordered;
To pay the delivery costs, except in cases where the delivery costs remain at the expense of the Supplier;
To take all reasonable care and take all necessary measures to protect your password for accessing the website;
In view of the specifics of Internet protocols and the security of password data protection, to terminate the session in which he has logged into his user profile by pressing the virtual “Logout” button;
Not to submit fictitious or invalid applications or other false information. The user is fully responsible for protecting his password, as well as for all actions taken by him or a third party using it;
To comply with Bulgarian legislation, these General Terms and Conditions, Internet ethics, rules of morality and good manners;
Not to violate other people's property or non-property rights, including intellectual property rights;
To immediately notify the Provider of any case of a committed or discovered violation when using the store;
Not to interfere with the proper operation of the system, including, but not limited to, not to thwart the identification procedure of another user, not to access beyond that granted to him, not to prevent other users from using the store;
Not to extract by technical means or in a technical manner information resources or parts of information resources belonging to the databases located in the store and thus not to create your own database in electronic or other form;
Not to impersonate another person or representative of a legal entity or group of people that he is not authorized to represent, or otherwise mislead third parties regarding his identity or affiliation with a particular group of persons;
Not to commit malicious acts within the meaning of these General Terms and Conditions.

VI. TERMINATION OF THE CONTRACT

Art. 15. These general terms and conditions and the User's contract with the Provider shall be terminated in the following cases:

Upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
By mutual agreement of the parties in writing;
In the event of objective impossibility of one of the parties to the contract to fulfill its obligations;
Upon seizure or sealing of the equipment by government authorities;

Art. 16. The Provider has the right, at its own discretion, without prior notice and without owing compensation, to unilaterally terminate the contract in the event that it establishes that the User is accessing the website in violation of these general terms and conditions, the legislation of the Republic of Bulgaria, generally accepted moral standards or generally accepted rules and practices in e-commerce.

VII. CANCELLATION OF THE CONTRACT AND COMPLAINT BY THE USER

Every consumer has the right to return or exchange their order within 14 days from the date of delivery without giving a valid reason;
Upon withdrawal from the contract, the Consumer must deliver the order back to the Seller in an undamaged commercial condition;
The amount is refunded to the User's bank account within 7 working days;
The amount is not refunded if the User has not returned the product to the seller;
The seller bears the shipping costs for defective products, damage during transportation and all other circumstances caused by the seller's fault;
When replacing a purchased product by the consumer, deliveries in both directions are covered.

VIII. OTHER CONDITIONS

Art. 17. (1) The User and the Supplier undertake to mutually protect their rights and legitimate interests, as well as to protect their trade secrets that have become their property in the process of performing the contract and these general terms and conditions.

(2) The User and the Provider undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence conducted between them. The publication of correspondence in printed and electronic media, Internet forums, personal or public websites, etc. may be considered public.

Art. 18. In the event of a conflict between these general terms and conditions and additional provisions in a special contract between the Provider and the User, the clauses of the special contract shall prevail.

Art. 19. 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. 20. (1) 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.

(2) The User has the right to refer all disputes with the Provider regarding the performance of this contract to the platform for alternative dispute resolution (ADR) out-of-court, available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show . In the event of failure to reach an agreement to resolve the dispute out-of-court, the parties may refer the dispute for resolution by the competent Bulgarian courts and the Consumer Protection Commission.

Art. 21. These general terms and conditions shall enter into force on 03.06.2020.