TERMS AND CONDITIONS FOR USE OF E-STORE www.pacostar.eu
GENERAL PROVISIONS
1.1. The website www.pacostar.eu , hereinafter referred to as ‘E-STORE’ is supported by PASKOVI LTD registered with the Commercial Register and the register of non-profit legal entities at the Registry Agency under UIC ЕИК 205017678, registered under the Value Added Tax Act with VAT ID No. BG205017678, having its seat in the city of Sliven and registered office at No:21 Bratya Miladinovi Blvd., Entrance B, Apt. No. 2, Email: sales@pacostar.eu. Tel. : +359 878515915.
1.2. These General Terms set out the relations between PASKOVI LTD, hereinafter referred to as the PROVIDER, and the users of the E-STORE, hereinafter referred to as CUSTOMERS
1.3. The Terms and Conditions for Use of www.pacostar.eu and are obligatory for all CUSTOMERS of the E-STORE.
1.4. Any use of the E-STORE means that you have read the Terms and Conditions for Use carefully and have agreed to observe them unconditionally.
1.5. The Terms and Conditions for Use may be amended by the PROVIDER unilaterally and at its own discretion at any time. Such amendments will enter into force immediately upon being published on the website of the E-STORE and shall be obligatory for all CUSTOMERS.
1.6. The PROVIDER will inform the CUSTOMERS for any amendment of the Terms and Conditions for Use through their publication on the website of the E-STORE. The CUSTOMERS are obliged to check for amendments in the Terms and Conditions for Use of the E-STORE at any visit of the webpage. In case you continue using the E-STORE, you automatically agree with the amendments so made.
DEFINITIONS/ ABBREVIATION
2.1. Customer – any person who manually, via software, technical device, or by all these methods together, has typed the URL in their browser or has reached to the E-STORE by being transferred from another website, and who uses the E-STORE in any way whatsoever, including but not limited to reviewing, making orders through it, making purchases or carrying out any kind of other actions whatsoever.
2.2. Buyer – a person at the age of 18 or 18 +, who has entered into purchase and sale agreement with the PROVIDER remotely through the E-STORE.
2.3. Agreement – the agreement remotely entered into between the PROVIDER and the BUYER for purchase and sale of goods through the E-STORE, forming an integral part of these Terms and Conditions for Use.
2.4. Browser - a software application that is used for retrieval of documents by hypermedia and web-navigation (website), display and interaction with text, images, video, music, games and other information.
2.5. Interface – combination of graphic objects associated with a programmed code through which the CUSTOMER communicates with the E-STORE in a way accessible thereto.
2.6. Willful acts – acts or omissions breaching the Internet ethics or causing damages to persons connected to Internet or associated networks, sending unwanted mail (non-demanded commercial messages, SPAM), obtaining access to resources subject to someone else’s rights and passwords, using systems’ disadvantages for personal benefit or obtaining information (HACK), carrying out actions that can be qualified as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending ‘Trojan horses‘ or causing installation of viruses, or remote control systems, disturbing the normal work of the other users of Internet and associated networks, carrying out any kind of actions whatsoever that could be qualified as a violation or administrative violation under the Bulgarian or other applicable law.
2.7. User’s profile – specific part of the E-STORE containing information about the CUSTOMER as required by www.pacostar.eu, stored at the site, and used and processed only for the purposes of Article 4, §1, subparagraph 3 of the Personal Data Protection Act, whereas the CUSTOMER has access to their user’s profile by entering a user name and password. The user’s profile also administers the communication between the CUSTOMER and the PROVIDER.
2.8. Password – a code of letters, figures and symbols that individualizes the CUSTOMER and is used for access to their user’s profile, together with the user name.
2.9. The user name is a unique code of letters, figures and symbols chosen by the CUSTOMER, with which they are individualized in their relations with the PROVIDER.
2.10. Sale price - the announced price of a product (goods) or service in Bulgarian leva (BGN), including value added tax.
2.11. CSC – Customer Service Center of the PROVIDER, which provides information to the CUSTOMERS on activities carried out within the E-STORE related to: Products, Store, Terms and Conditions of Use and current Promotions, from Monday to Friday (inclusive), within the time as indicated in the website www.pacostar.eu, on telephone: 0878515915 (according to the tariff plan of the respective operator), and e-mail address: sales@pacostar.eu and by contact form on the E-STORE in Contacts section.
2.12. Working day – each day from Monday to Friday, from 09:00-17:00 h, with the exception of statutory holidays.
USE OF THE E-STORE
3.1. Through the E-STORE the CUSTOMERS have the opportunity to enter into agreements for purchase and sale and delivery of the goods offered by the PROVIDER, as well as to carry out the following activities:
3.1.1. to register and create a user’s profile;
3.1.2. to make electronic statements with regard to the entering into and performance of agreements with the PROVIDER via the interface of the website of the E-STORE accessible in the Internet;
3.1.3. to review the goods, their properties, prices and delivery conditions.
3.1.4. to enter into agreements for purchase and sale of goods offered by the PROVIDER in the E-STORE;
3.1.5. to make any payments in relation to agreements entered into with the PROVIDER in accordance with the methods of payment supported by the E-STORE.
3.2. The CUSTOMER may use the E-STORE for entering into agreements for purchase and sale of goods freely or through created user’s profile. In case of purchase through their user’s profile, the CUSTOMER should enter the user name and password for remote access they have already chosen.
3.3. The remote access name and password are defined by the CUSTOMER by means of electronic registration on the PROVIDER’s website.
3.4. Upon making a registration, the CUSTOMER shall be obliged to provide correct and updated data. In case of change, the CUSTOMER shall be obliged to update their data specified in their user’s profile in timely manner.
3.5. In case that the CUSTOMER has used social media or another network profile for the registration, the person who is the holder of the profile used for the registration in the respective social media or another network is the party to the agreement. In this case, the PROVIDER has the right to access to data required for the identification of the CUSTOMER in the respective social media or another network.
3.6. The user name used by the CUSTOMER to register does not give them any rights other than the right to use the respective user name within the E-STORE. The PROVIDER does not verify and is not liable for the authenticity of the user name, for whether it affects third parties’ rights, in particular, the right to name or other personal rights, right to trade name (firm name), right to trademark or other intellectual property rights.
3.7. You should not unlawfully use this website, by willful introduction of viruses, Trojan horses, worms, logical bombs or any kind of other software or malware. The CUSTOMERS do not have the right to make any attempt for unauthorized access to this website, to server where the website is located, or each server, computer, or database related to our website. The CUSTOMERS shall be obliged not to attack this website through any kind of attack whatsoever for service refusal or attack for allocated service refusal. The PROVIDER will report any failure to observe these Terms and Conditions for Use to the respective authorities and will assist them for the purposes of identifying the attacker. Furthermore, in case of failure to observe this clause, the authorization for use of this website will be terminated immediately. The PROVIDER shall not be liable for damages or harms resulting from attack for service refusal, virus, or another type of software or malware that could affect the CUSTOMER’s computer, their IT equipment, data or materials as a result of the use of this website or the download of content therefrom, or from the ones this website redirects you to.
3.8. The CUSTOMER shall agree that the properties and the prices of goods offered through the E-STORE may be subject to modification by the PROVIDER at any time. Due to technical reasons, they may contain possible errors for which the PROVIDER shall apologize in advance to its Customers.
3.9. The PROVIDER shall seek to provide the CUSTOMERS with the most appropriate and important information about the goods, however it is possible that some products will have incomplete information.
3.10. All goods will be sold until being out of stock, even if this is not explicitly mentioned in the E-STORE.
3.11. The E-STORE may contain links to other websites. The PROVIDER is not liable for the privacy policy of the websites which it does not administers, as well as for any other information contained therein.
3.12. The PROVIDER shall make efforts to maintain the accuracy of the information published in the E-STORE. Nevertheless, taking into account the possible technical errors or omissions in such information, the PROVIDER shall clarify that the images of goods are of illustrative, indicative nature, and therefore the delivered goods may differ from such images.
3.13. Current promotions: None
ORDER AND ENTERING INTO AGREEMENT
4.1. The PROVIDER ensures the following options for order of goods in the E-STORE:
4.1.1. in the E-STORE;
4.1.2 through the CSC;
4.1.3. by phone;
4.1.4. by e-mail;
4.1.5. . through programs and software of online chat line type on the site of the E-STORE;
4.2. In the course of development of the provided services, the PROVIDER may introduce new, subsequent methods for placing orders with the use of remote means for agreement and cooperation, or to restrict some of the existing ones.
4.3 The order in the E-STORE shall be placed by adding the desired goods in the purchase cart. The CUSTOMER needs to follow the steps instructed in the E-STORE in order to complete and send the respective order.
4.4. The goods added to the cart may be purchased, if available. The addition of goods to the purchase cart, without completing the order, does not result in registration of the order and automatic saving of goods for the respective CUSTOMER.
4.5. By sending the order, the CUSTOMER authorizes the PROVIDER to contact them by any possible means, whenever needed with regard to the order made or the agreement entered into.
4.6. The PROVIDER has the right to refuse to fulfil the order placed by the CUSTOMER and should inform the latter thereof. The refusal of order in accordance with the preceding sentence shall not result in any liability or subsequent obligation for any of the parties to the other one with regard thereto, and therefore, none of the parties will have the right to claim compensation from the other one. The grounds for PROVIDER’s refusal may be the following non-exhaustively listed circumstances:
4.6.1. non-acceptance on the part of the issuing bank of the CUSTOMER’s transaction in online payment;
4.6.2. carrying out the money transaction, in which the funds are not received to an account of the PROVIDER in online payments;
4.6.3. the data provided by the CUSTOMER are incomplete and/or incorrect.
PAYMENT
5.1. The prices of goods announced in the E-STORE are in Bulgarian leva (BGN). Prices are final and are VAT and all other taxes and charges inclusive as set out in the applicable Bulgarian legislation.
5.2. The payment of the price to the PROVIDER shall be a precondition for transferring the title of the goods. The price shall not include delivery costs, unless otherwise specified in the conditions for sale of the respective goods.
5.3. The PROVIDER offers the following methods of payment:
– Pay on delivery (in cash on delivery);
5.4. The stated payment methods may be restricted by the PROVIDER at any time.
5.5. The CUSTOMER selects the method of payment by clicking on the respectve button in E-STORE after placing the order.
5.6. Cash on delivery payment shall be settled in Bulgarian leva (BGN) directly to the courier/ post office operator upon receipt of the goods. The refusal to receive the goods shall be a condition for termination of the purchase and sale agreement. Furthermore, within the specified time period for receipt, the CUSTOMER may cancel the order, without any consequences, which is not in prejudice to their right to withdraw from the agreement.
5.7. Payment by bank transfer shall be made within up to 1 (one) working day of placing the order to the following bank account of the PROVIDER:
IBAN: BG68BUIN70021085210714
Bank: Allianz Bank Bulgaria
Account holder: PASKOVI LTD
The basis for payment must contain the name of the customer placed the order and the number of the respective order.
5.8. Payments with cash transactions by electronic means and payment cards shall be made in accordance with the choice of the CUSTOMER through the intermediation of authorized services. Payment shall be made to a personal credit/debit card or card of your company – under safe conditions. Credit and debit cards issued by VISA (Classic и Electron) and MASTERCARD (including Maestro, if they have CVV2/CVC2 code).
5.9. Payment by microaccount in ePay.bg is possible if the CUSTOMER has an account in ePay.bg.
DELIVERY
6.1 Standard delivery
6.1.1 The cost of the delivery is payed by the customer.
6.1.2 The CUSTOMER should inspect the goods at the time of delivery and handover by the PROVIDER or a person authorized by the same (courier/ post office operator) and if it does not meet the requirements, the CUSTOMER should immediately inform the PROVIDER thereof.
6.1.3 Products may be delivered only in the territory of the Republic of Bulgaria.
6.1.4 Each CUSTOMER may trace their order delivery in real time in My Profile section.
6.1.5 The CUSTOMER shall have the right to specify the date of delivery by stating it in the respective section in the cart during the purchase process.
6.1.6 The time period for delivery shall depend on the availability of goods selected. The delivery shall be made within a period from 1 to 3 working days.
RIGHT TO WITHDRAW FROM THE ORDER PLACED
7.1. The CUSTOMER/ BUYER shall have the right, without owing any compensation or penalty, and without stating any reasons, to withdraw from the concluded agreement within 14 days as from the date of receipt of the goods.
7.2. The right of withdrawal under Paragraph 1 shall not apply in the following cases:
for the provision of services, in which the service is completely provided and its fulfillment has begun with the explicit prior consent of the CUSTOMER and confirmation on their part that they know that they will lose their right of withdrawal after the agreement has been fully performed by the PROVIDER;
for the supply of goods or services the price of which depends on fluctuations in the financial market which cannot be controlled by the PROVIDER and which may occur during the period for exercising the right of withdrawal;
for the supply of customized goods or according to the individual requirements of the CUSTOMER;
7.3. When the CUSTOMER has exercised their right of withdrawal from the agreement, the PROVIDER shall refund any amount paid by the CUSTOMER, including the costs of delivery, without undue delay and no later than 14 days from the date on which it was notified of the decision of the CUSTOMER to withdraw from the agreement. All costs of returning the goods shall be borne by the CUSTOMER, unless otherwise stated in Return and Replacement section of the website of the E-STORE.
7.4. The CUSTOMER shall give their explicit consent that amounts paid will be refunded to them by bank transfer.
7.5. The PROVIDER shall not be obliged to reimburse any additional expenses for the delivery of goods where the CUSTOMER has explicitly chosen a delivery method other than the cheapest type of standard delivery offered by the PROVIDER.
7.6. In case of sale agreement where the PROVIDER has not offered to personally collect the goods, it may withhold the refund of the amounts to the CUSTOMER until the receipt of goods or until the CUSTOMER provides evidence that the goods have been sent back, irrespective which of the events has occurred earlier.
FORCE MAJEURE EVENTS
8.1. None of the parties will be held liable for any failure to fulfil its contractual obligations if such failure is due to a force majeure event. A force majeure event is an unforeseeable event that is beyond the control of the parties and could not have been avoided.
8.2. If the respective event does not cease within 14 (fourteen) days of the date of the occurrence thereof, each of the parties has the right to inform the other party that it terminates the agreement without any compensation payable to the other party for any possible damages suffered.
TERMINATION
9.1. The agreement between the CUSTOMER and the PROVIDER shall be terminated in the following cases:
upon dissolution and declaring liquidation or insolvency of any of the parties to the agreement;
by mutual consent of the parties expressed in writing;
unilaterally by written notice by any of the parties, in case of other party’s failure to fulfil their obligations;
upon objective inability of any of the parties to the agreement to fulfil its obligations;
in case of exercising a right of withdrawal pursuant to the provisions of the Consumers Protection Act.
FINAL PROVISIONS
10.1. If any of the provisions of these Terms and Conditions for Use of the E-STORE are found to be void or unenforceable, irrespective of the reason thereof, this shall not result in the invalidity or unenforceability of the other provisions.
10.2. Any issues that are not stipulated herein with regard to the performance and interpretation of these Terms and Conditions shall be governed by the laws of the Republic of Bulgaria.
10.3. Supervisory authorities:
Consumer Protection Commission
Address: 1000 Sofia, 4A, Slaveykov Sq., Floors 3,4 and 6
tel.: 02 / 980 25 24, 0700 111 22
fax: 02 / 988 42 18
Website www.kzp.bg
10.4. Any disputes between the PROVIDER and its CUSTOMERS shall be settled by mutual consent, and in case of failure to do so – by the competent court or the Consumer Protection Commission. In case of any dispute with regard to an online purchase, you can use the website of the European Commission Online Dispute Resolution.
These General Terms and Conditions were adopted on 20 January 2018 and shall enter into force on the same date. The last amendment was made on 24 September 2020.