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General conditions

  

 

TERMS AND CONDITIONS FOR PURCHASING GOODS FROM „DILCOM BULGARIA” OOD

  

 

„Dilcom Bulgaria” OOD is a company, registered in accordance with the Commercial Act of the Republic of Bulgaria with seat and registered address: Varna, 2 Neptune Str., UIC 103761563, VAT number:  BG103761563 (hereinafter referred to as „Dilcom Bulgaria”).

 

Please read carefully the terms and conditions below (“Terms and Conditions”) before making your order.

 

 

I. Applicability of the Terms and Conditions

 

1. The present Terms and Conditions apply in respect of any purchase of goods, offered by „Dilcom Bulgaria” unless an exception listed in this section is present.

2. In case the parties have signed a contract for purchase of goods, the present Terms and Conditions apply to the contract as far as it is not explicitly agreed upon that the Terms and Conditions do not apply in whole or partially.

3. If the contract includes provisions incompatible with the Terms and Conditions these provisions abolish the corresponding provisions of the Terms and Conditions which regulate the same subject.

4. If the parties have agreed with a written contract upon a partial abolishment of the Terms and Conditions in accordance with par. 2 or par. 3, the Terms and Conditions apply to the contract in the parts which have not been abolished.

5. If any provision of the Terms and Conditions is inapplicable, this does not constitute inapplicability of the remaining provisions of the Terms and Conditions.

 

 

II. Acceptance of the Terms and Conditions

 

1. The buyer’s declaration of acceptance of the Terms and Conditions constitutes an inseparable part of the purchase contract in accordance with the provisions of this section.

2. In case an order has been made using the website of „Dilcom Bulgaria”, the buyer acceps the Terms and Conditions with the order’s submission. The buyer identifies himself for the purpose of determining his declaration of acceptance of the Terms and Conditions, with the consumer IP address saved in the log files of the server www.dilcom.com and with other information.

3. If an order has been made by telephone, fax or email, the buyer is considered notified and to have accepted the Terms and Conditions with the performance of the corresponding action on his part: submission of the order by telephone, sending of a fax or email. In these cases „Dilcom Bulgaria” may require from the buyer a registration on the website of „Dilcom Bulgaria” in case the buyer does not have such a registration.

4. If an order has been made on-site in the office or warehouse of „Dilcom Bulgaria”, the buyer accepts the Terms and Conditions with the signing of an explicit declaration form or of a handover protocol for the goods.

5. The buyer is informed and declares his consent that the order made by him may undergo changes. „Dilcom Bulgaria” informs the buyer of the changes by email, telephone or by other means up to the moment of receiving a confirmation for the final dispatchment of a confirmed order to the buyer.

 

 

III. Use of the website of „Dilcom Bulgaria”

 

1. When using the website of „Dilcom Bulgaria” the buyer may submit orders as a guest or through a permanent account.

2. By submitting an order using the website the buyer confirms that he agrees with the form of communication (telephone or email), used by „Dilcom Bulgaria” for performing online orders.

3. „Dilcom Bulgaria” has the right to change the contents and means of access to information on its website, as well as to cancel it’s use in cases of unauthorized access, activities with malicious intent and activities which contradict the laws of the Republic of Bulgaria.

4. If an order has been made by using the website of „Dilcom Bulgaria” with the acceptance of the Terms and Conditions the buyer is considered to be informed that part of the goods listed to be in stock on the website may be out of stock at the moment of submission of the order.

5. With the submition of an order the buyer declares his consent to pay the price for the goods and the delivery costs.

 

 

IV. Protection of personal data

 

1. The buyer explicitly agrees that the personal data presented by him may be processed by „Dilcom Bulgaria” in connection with the order, including, but not limited to where it is necessary for the guarantee and out of guarantee service.

2. „Dilcom Bulgaria” explicitly declares that personal data presented by the buyer shall not be presented to third parties for advertising and promotional purposes.

3. The buyer has the right of access to the personal data presented to „Dilcom Bulgaria”  in connection with an order made, including but not only for the purpose of their correction.

4. The buyer agrees to receive advertisement emails for goods and services on his email address. The buyer has the right to refuse to receive such information including, but not only by using the inquiry and contact forms present on the website of „Dilcom Bulgaria”.

 

 

V. Subject of the order

 

1. Subject of the order are the goods which the buyer wishes to purchase.

2. „Dilcom Bulgaria” makes a review of the submitted order and notifies the buyer in case the goods are out of stock. „Dilcom Bulgaria” is not liable for information regarding availability which is not up to date due to technical reasons.

3. The processing, including the confirmation of orders is carried out at the day of submission of the order if the information has arrived up to 1:00 PM on a working day. If the order has been made after 1:00 PM on a working day, the processing is carried out up to the end of the immediately following working day. If the order has been made on a non-working day or a holiday, the processing is carried out on the first immediately following working day.

4. The order is considered acceptеd after its explicit confirmation by „Dilcom Bulgaria”.

 

 

VI. Prices and purchase conditions

 

1. The following information is displayed for any goods listed on the website of „Dilcom Bulgaria”: price, main characteristics and additional information, including but not limited to a discount if such is available.

2. The prices shown on the website are valid solely for orders made through the website.

3. The prices on the website are shown both including and excluding VAT and do not include the costs for delivery.

4. The prices for the goods which require mounting, installation, entering into exploitation and training for proper use do not include the costs for the mentioned activities and services. These are subject to a separate agreement with „Dilcom Bulgaria”.

5. If an order has been made by telephone, fax, email or on-site in an office or warehouse of „Dilcom Bulgaria”, the prices shown on the website of „Dilcom Bulgaria” are considered valid unless explicitly agreed upon otherwise.

 

 

VII. Handing and delivery of goods. Payment for purchased goods

 

1. For orders made through the website, „Dilcom Bulgaria” uses the express services of the courier company Speedy. For international deliveries the courier is chosen by the buyer or by Dilcom Bulgaria.

2. „Dilcom Bulgaria” dispatches the goods whithin one working day after the acceptance and confirmation of the order, unless determined otherwise or unless the buyer has withdrawn the order after the notification under Section V, par. 2. The time periods for delivery are determined by the terms and conditions of the courier chosen by the buyer.

3. „Dilcom Bulgaria” is not liable for deliveries not carried out if the buyer has given untrue or insufficient data in connection with the order, including but not limited to personal name, company name, address, telephone number and email.

4. If the goods are delivered at the office of the courier and the buyer does not accept the goods in the term determined by the courier but not more than 14 days, the buyer has to pay the following sums:

 

4.1. all additional fees for remaining in the courier’s office (as far as such are determined) and costs for dispatching the goods to an office of the courier and for the return of the goods to „Dilcom Bulgaria”; and

4.2. liquidated damages in the amount of the order’s price.

 

5. The goods are presented to the buyer together with a guarantee card, if guarantee service is available for the goods, along with the following accompanying documents:

 

5.1. if the goods are handed on-site in an office or warehouse of „Dilcom Bulgaria”: with a copy of a handover protocol, signed by the buyer and „Dilcom Bulgaria”;

5.2. if the goods are delivered by a courier: with a handover protocol and a copy of the bill of lading.

 

6. The payment for ordered goods is made in cash on delivery, via bank transfer or in cash. If payment is made by means other than cash on delivery, the buyer presents to „Dilcom Bulgaria” the payment order or the sum in cash respectively, before the handing or dispatching the goods for delivery unless explicitly determined otherwise.

7. The costs for delivery, including courier service, cash on delivery fee, fuel and insurance are at the expense of the buyer.

8. The prices for delivery shown on the website are for information purposes only. If the weight of the ordered goods is not shown, the prices for delivery change in accordance with the actual weight of the goods.

9. The prices for the courier services change automatically with changes in the tariffs of the courier companies determined above.

 

 

VIII. Withdrawal of goods purchased from the website of „Dilcom Bulgaria”

 

1. If the buyer is a Consumer pursuant to the CPA, he may withdraw from one or more goods in a 14-day term as of accepting the goods, without declaring a reason for the withdrawal and without the need to pay compensation or liquidated damages. The Consumer does not have the right to withdraw from the delivery of goods which have been manufactured on his order or according to his individual requirements.

2. If a single order made by a Consumer pursuant to the CPA includes numerous goods which are delivered separately, the term under par. 1 starts on the date of carrying out the last of the deliveries.

3. In case of withdrawal the buyer has to notify „Dilcom Bulgaria” with a written and unambiguous declaration for withdrawal of the goods.

4. The buyer returns the goods for which he has made a withdrawal in a 14-day term as of the date of notification under par. 3 and according to the regulations of Section IX. If the buyer is not a Consumer all costs for returning the goods to „Dilcom Bulgaria” are at his expense. If the buyer is a Consumer, he undertakes the direct costs for returning the goods with the exception where „Dilcom Bulgaria” has agreed to cover them.

5. The refund of sums in case of a withdrawal is made according to Section X.

6. The buyer may not make a withdrawal if the subject of the order is a sealed computer software which has been unsealed after the acceptance of the goods.

 

 

IX. Return of goods

 

1. The buyer returns goods accepted by him by means of handing or dispatching to the address of „Dilcom Bulgaria” in Varna, unless „Dilcom Bulgaria” explicitly determines another address.

2. The buyer returns the goods in the condition in which they have been accepted. The buyer is liable for the decreased value of the goods if he has tested the latter in a way different from the necessary minimum for determining the nature, characteristics and proper functioning.

3. „Dilcom Bulgaria” may refuse to accept goods returned by the buyer in the cases where the goods are not in their original packaging, the packaging is damaged or incomplete, the goods have traces of wearing out, scratches, grazes, electric schock or missing accessories which are part of the original set. In these cases „Dilcom Bulgaria” has the right to retain a part of the goods’ value which is determined by an evaluation of the damages and is communicated to the buyer.

 

 

X. Refunds

 

1. In cases of return of goods „Dilcom Bulgaria” refunds to the buyer all sums received for the respective goods with the exception of the costs for delivery.

2. If the buyer is a Consumer and the order is made by using the website of „Dilcom Bulgaria”, the costs for delivery are additionally refunded. If in this case the buyer has chosen a means of delivery different from the least expensive one, the additional costs made in this connection are not refunded.

3. The refund is made in a 14-day term as of the date of notification according to Section VIII, par. 3.

4. The refund of sums is carried out by the same means of payment which have been used for the original transaction. This rule does not apply if the buyer has explicitly expressed his agreement for the use of another means of payment and this is not related to costs for the buyer.

5. In case of a withdrawal of delivered goods „Dilcom Bulgaria” may delay the refunds to the buyer up to the moment of receiving either the goods or evidence from the buyer for the dispatchment of the goods.

 

 

XI. Guarantee conditions and service

 

1. The guarantee conditions for the goods offered by „Dilcom Bulgaria” are regulated in the following ways:

 

1.1. in the guarantee card, if the goods have one;

1.2. in the Terms and Conditions if the goods do not have a guarantee card;

1.3. in the written contract if such is present;

1.4. according to the CPA for buyers which are Consumers.

 

2. The guarantee periods are as follows

 

2.1. according to the guarantee card if the goods have one;

2.2. 1 month if the goods do not have a guarantee card;

2.3. of the buyer is a Consumer: 2 years in the cases different from those under par. 2.1.

 

3. The guarantee period begins on the day of delivery.

4. The guarantee is considered valid if:

 

4.1. the buyer has abided by the rules for mounting, storage and exploitation determined in the instructions for use; and

4.2. if during the guarantee period the buyer ascertains a hidden defect due to materials or manufacturing of poor quality.

 

If the buyer is a Consumer the guarantee is valid if the condition under par. 4.2. is present and if the goods do not conform to the contract in one of the following ways:

 

-  they do not have the characteristics determined in the contract and they are not suitable for the ordinary use of consumer goods of the same kind;

-  they do not correspond to the description given by „Dilcom Bulgaria” under the form of a sample or specimen;

-  they are not suitable for the specific use desired by the buyer. This condition is applied only where the buyer has notified „Dilcom Bulgaria” for his requirement at the time of conclusion of the contract/the acceptance of the Terms and Conditions and it has been accepted by „Dilcom Bulgaria”;

-  they do not possess the ordinary qualities and characteristics of the goods of the same kind, which the buyer may reasonably expect by taking into account the nature of the goods and the public announcements for the specific characteristics made by „Dilcom Bulgaria”, by the manufacturer of his representative which are included in the commercial of label of the goods.

 

5. If the goods have a guarantee card, „Dilcom Bulgaria” recognizes the guarantee only when the guarantee card is presented as an attachment to the declaration under Section XII. The guarantee card has to be filled out clearly and legibly with the kind, model, serial number of the goods, the date of conclusion of the contract along with the signature and stamp of „Dilcom Bulgaria”.

6. The guarantee is invalid in the following cases:

 

6.1. disregard of the rules for mounting, storage and exploitation determined in the instructions for use.

6.2. the guarantee card is counterfeit or it has crossing outs, stiking outs or unfilled blanks;

6.3. an attempt has been made for the removal of damages by unauthorized persons.

6.4. changes or an attempt for changes of the goods have been made.

6.5. a discrepancy is present between the information of the guarantee card and the goods themselves.

6.6. a forgery or an attempt for forgery has been made on the model and serial number of the goods.

6.7. damages have occurred during the transportation as well as mechanical damages on the main body, outer and inner elements and modules, including but not limited to due to use of poor quality consumables.

6.8. damages have occurred due to natural calamities, including but not limited to thunders, floods, earthquakes and fires.

6.9. presence of rodents, insects or liquids in the goods’ storage rooms.

 

7. The buyer removes on his own expense the damages on the goods caused by the events in par. 6 and undertakes the costs for transportation and secondments in connection with the removal.

8. Guarantee- and out of guarantee service is made in the authorized service facilities of „Dilcom Bulgaria” in the country. The addresses and contact details of the authorized services are shown in the Service category on the website of „Dilcom Bulgaria”.

9. The buyer undertakes the transportation costs in connection with the guarantee- and out of guarantee service, including for returning the goods back to the buyer. If the buyer is a Consumer, the costs of the previous sentence are at the expense of „Dilcom Bulgaria”.

 

 

XII. Complaints

 

1. A complaint is addressed in the guarantee period determined in Section XI, par. 2 but no later that 2 months as of ascertaining the nonconformity of the goods with the agreed terms.

2. When addressing the complaint the buyer may require the repair of the goods or their exchange with new ones unless this is impossible or the chosen way of compensation is disproportionate to the other option chosen by the buyer. A disproportion is present if the chosen way of compensation requires costs of an unjustified amount for „Dilcom Bulgaria”, taking into account:

 

2.1. the value of the goods in case no hidden defects were present;

2.2. the severity of the hidden defects;

2.3. the possibility for the other way of compensation to cause significant inconveniences for the buyer.

 

3. The complaint is addressed with a written declaration and includes as a minimum the following information:

 

3.1. subject of the complaint;

3.2. means of satisfaction according to par. 2;

3.3. for the cases under par. 7 – the amount of the sum claimed;

3.4. address for contact.

 

4. Buyers which are Consumers may address a complaint in oral form.

5. When addressing a complaint the buyer attaches the documents on which the claim is based:

 

5.1. a receipt or invoice;

5.2. protocols, acts and other documents establishing the nonconformity of the goods with the terms agreed upon:

5.3. other documents establishing the grounds and amount of the claim.

 

6. „Dilcom Bulgaria” carries out the repairs or replacement in a period of 1 month as of the date of addressing the complaint unless other terms have been agreed upon by the parties.

7. When a complaint has been addressed by a Consumer, if the Consumer is not satisfied with the resolution of the complaint or repairs or replacement have not been made in the term under par. 6, the Consumer has the right to require:

 

7.1. avoidance of the contract and a full refund of the sum paid;

7.2. decrease of the price.

 

8. The Consumer cannot ask for avoidance of the contract under par. 7.1. if the nonconformity of the goods with the contract is insignificant.

 

 

XIII. Others

 

1. The present Terms and Conditions use the term “Consumer” pursuant to the Consumer Protection Act (“CPA”) with the following meaning:

 

A physical person who has ordered goods and at the same time meets one of the following conditions:

 

1.1. the goods are not meant for commercial or professional activities; or

1.2. the person acts outside the scope of his/her commercial or professional activity.

 

2. These Terms and Conditions enter into force on 01.01.2019.

    

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