GENERAL TERMS AND CONDITIONS OF EBAG.BG ONLINE STORE
Art. 1. (1)
These Terms and Conditions are designed to regulate the relations between
Convenience JSC, UIC 204786976, with headquarters address: 14 Efrem Karanfilov
str., residential complex SPZ Moderno predgradie,
Liulin district, Sofia, Bulgaria, hereinafter referred to as
“PROVIDER” and the customers, hereinafter referred to as “USERS”,
to the e-commerce platform called “eBag.bg”.
ІІ. INFORMATION ABOUT THE PROVIDER
Art. 2. (1)
Information according to the E-Commerce Act and the Consumer Protection Act:
Name of the Provider: Convenience JSC
Management address: 14 Efrem Karanfilov str., residential complex SPZ
Moderno predgradie, Liulin district, Sofia, Bulgaria
Address for main business activity and for consumer complaints: 14 Efrem
Karanfilov str., residential complex SPZ Moderno predgradie,
Liulin district, Sofia, Bulgaria
Address for correspondence: 14 Efrem Karanfilov str., residential complex
SPZ Moderno predgradie, Liulin district, Sofia, Bulgaria, firstname.lastname@example.org,
mobile number +359 888 463 035
Entry in public registers: UIC 204786976
Number and date of certificate for registration of a site for production,
processing and / or distribution of food in the BFSA: 52352 / 16.09.2019
Registration under the Law on value added tax № BG 204786976
Commission for Personal Data Protection
Address: 2 Prof. Tsvetan Lazarov, Sofia, Bulgaria
tel .: 02 / 91-53-515; 02 / 91-53-519
fax: 02 / 91-53-525
Email: email@example.com, firstname.lastname@example.org
Website: www.cpdp.bg 2.
Commission for Consumer Protection
Address: 4A Slaveikov Square, 3rd, 4th and 6th floor, Sofia, Bulgaria
tel.: 02/933 0565
hotline: 0700 111 22
III. PLATFORM CHARACTERISTICS
Ebag.bg is an e-commerce platform available at https://www.ebag.bg/, from
which Users have the opportunity to conclude contracts for purchase and delivery of
goods offered by the Provider in the platform, including the following:
To register and create an account for reviewing the Provider's e-store and using
additional services for provision of information;
To review products, their characteristics, prices and delivery terms;
To conclude contracts with the Provider for the purchase and delivery of the
goods offered by the e-commerce platform eBag.bg;
To make any payments related to the concluded contracts through the eBag.bg
online payment platform;
To receive information about new products offered by the Provider;
To make online statements about the performance of the concluded contracts with
the Provider through the interface of the webpage eBag.bg;
To be informed about their rights according the law, primarily through the
eBag.bg platform interface on the Internet;
To use their right of revocation of the contract, when is applicable, according
to the Consumer Protection Act.
The Provider of the eBag.bg platform organizes the delivery of the goods and
guarantees the rights of the consumers provided by the law, the terms and conditions
adopted in the practice and pursuant to Consumer protection or Commercial law.
Art. 5. (1)
The Users conclude a contract for the purchased goods at the eBag
platform at https://eBag.bg. The contract is concluded in Bulgarian language and is
stored in the Provider's database.
By virtue of the contract concluded with the Users, the Provider is obliged
to organize the delivery and the transfer of the ownership of the goods to
the User which he has ordered through the interface in the platform.
Users have the right to correct errors when entering data until the
statement about conclusion of the contract with the Provider of eBag.bg
Users shall pay for the goods delivered in accordance with the conditions set
out in the eBag platform and these General Terms and Conditions. The price is in the
amount of the price announced in the eBag.bg platform.
Art. 6. (1)
The User and the Provider at the eBag.bg platform agree that all
statements between them concerning the conclusion and execution of the contract, may
be made digitally within the meaning of the Electronic Document and Electronic
Signature Act and Art. 11 of the e-Commerce Act.
It is assumed that the online statements made by the Users of the site are made
by the same persons indicated in the data provided by the User by making a
registration in the platform, if the User has entered the respective name and
password for access.
IV. REGISTRATION FOR USING EBAG.BG
Art. 7. (1)
In order to use the eBag.bg platform for conclusion of contracts for
purchase of goods, the User shall enter the chosen name and password for remote
access and is deemed to have accepted the present terms and conditions.
The name and password for remote access shall be determined by the User by
making an online registration on the Provider’s website in the eBag.bg platform,
according to the procedure specified.
When filling in the personal details by clicking the “Register” button or the
corresponding buttons for logging on the platform through Facebook or Google, the
User must also declare that he is familiar with these Terms and Conditions and he is
agreeing to follow them unconditionally.
The Provider confirms the registration conducted by the User by sending an
e-mail to an e-mail address, provided by the User. Then the User’s account is
created and contractual relations between him and the Provider are in place.
When making the registration or the order, the User undertakes to provide
accurate data. The user is obliged to update the data specified in his registration
V. TECHNICAL STEPS TO CONCLUDE A CONTRACT
Users shall use the interface on the Provider’s webpage in the eBag.bg
platform to conclude contracts for purchasing goods offered by the Provider.
The Users conclude the contract in the eBag.bg platform by the following
Registering on the eBag.bg platform and submitting the required data, if the User
has no registration on the Ebag.bg platform up until this moment;
Entry into the ordering system on the eBag.bg platform through a username and
password identification or in one of the other possible ways (Facebook or Google);
Choosing or configuring one or more goods offered by the Provider in the platform
and adding them to a purchase order list;
Providing the necessary data to make the delivery: address of delivery, two
names, e-mail and the phone number of the person to contact;
Choosing a day and time slot for the delivery;
Choice of method and time for payment of the price;
Confirmation of the order by the Provider.
VI. CONTENT OF THE CONTRACT
Art. 10. (1)
The Provider and the Users shall conclude individual contracts for the
purchase of goods, ordered by the Users, regardless of the fact that they have been
selected with one online statement and one list of goods.
The Provider may organize together and simultaneously the delivery of goods
ordered by one or more individual contracts.
The rights of the Users with regard to the delivered goods shall be applied
separately for each single purchase contract. Using those rights related to a
delivered good does not affect and has no effect on other contracts for purchase of
other goods. In case that the User is a “consumer” within the meaning of the
Consumer Protection Act, using the right of cancelation of the purchasе contract for
a particular good could not affect the contracts for purchasing of other goods
delivered to the consumer.
In case the User is not present at the address he has provided in the order and
at the time period he has chosen, he should inform the Provider about this by phone
or via e-mail no less than 2 hours before the time slot for delivery, as otherwise
the Provider, if he must return the goods in its warehouse, has the right at his
discretion to make another delivery at the User’s address at any time, suitable for
the Provider in accordance with the workload.
The User shall pay the value of the delivery and other related to it expenses,
if there are such, in the following cases:
The client is not present at the provided by him address in the chosen by him
time slot and he has not priorly informed the Provider pursuant to Art. 3 and a
repeated delivery is made at the address, provided in the order, after the order is
returned to the Provider’s warehouse;
In case of a repeated delivery at date and time chosen by the User, which is
beyond the workload and the schedule of the Provider and his discretion to choose a
time of the delivery.
The user agrees that in terms of fresh food and fruits, which are sold in bulk,
it is possible that there is up to 10% difference of the volume in the delivered
quantity compared to that ordered by the User. This is also applicable to goods in
vacuum packages that have no exact weight.
The Provider has on his discretion the right to refuse to execute a User’s
order, for which the Provider informs the User within appropriate time without being
obliged to state a reason for the refusal.
The Provider executes orders, which satisfy the needs of one household. In terms
of orders of larger quantities, the Provider has the right to refuse to execute such
an order by a User.
The User has the right to give up on a received delivery within 1 hour after the
moment of the delivery to the User, as the latter must store the goods he has
received in compliance with the requirements for storing the product which are
indicated on its cover, and in any way he must not damage the integrity of the
cover, until the goods are handed to a person, chosen by the Provider.
When exercising the rights under the contract, the User is obligated to
indicate the precise contract which the goods are related to.
The User shall pay for the individual purchase contracts upon placing the
order or upon the delivery of the goods.
VII. SPECIAL PROVISIONS APPLYING TO PERSONS WHO HAVE THE CAPACITY OF CONSUMERS UNDER
THE CONSUMER PROTECTION ACT
The rules of this Section VII of the General Terms and Conditions apply
only for Users who, based on the provided for the conclusion of the purchase
contract and registration at eBag.bg, can be considered consumers by the meaning of
the Consumer Protection Act, E-Commerce Act and / or Directive 2011/83 / EC of the
European Parliament and of the Council of 25 October 2011
Art. 14. (1)
The main features of the goods offered by the Provider in eBag are
defined in the profile of each item in the platform.
The price of the goods, including all taxes and fees, is determined by the
Provider in the profile of each item in the platform Ebag.bg.
Every promotional product is marked with a special sign. The duration of the
promotion shall be defined by the Provider for each separate promotion,
starting from the day specified in the notification for the price reduction
and it shall apply until the specified therein date, but no longer than one
month and not less than one business day.
The value of the postal or transport costs, which is not included in the price
of the goods, is determined by the Provider and will be provided as information to
the User when choosing the goods and concluding the purchase contract.
The methods of payment, delivery and performing of the contract shall be
determined in these General terms and conditions and will be provided to the User
through the eBag.bg platform..
The information provided to the Users under this provision will be displayed in
the eBag.bg platform prior to the conclusion of the purchase contract.
Users agree that all information required by the Consumer Protection Act, may be
provided through the eBag.bg platform interface or via e-mail.
Art. 15. (1)
The User agrees that the Provider in the eBag.bg platform is entitled
to receive an advance payment for the concluded contracts and their delivery.
The User chooses independently whether to pay the Provider the price for
delivery of the goods prior to or at the moment of delivery..
If the value of the order is equal or exceeds BGN 10 000, the payment should be
made only by bank account transfer.
Art. 16. (1)
In terms of goods that are non-consumable and are within the scope of
the Consumer Protection Act in the part regarding distance contracts, the Consumer
has the right to cancel the concluded contract within 14 days from the date of
acceptance of the goods by the Provider by filling the withdrawal form, accessible
on the Provider’s platform available at eBag.bg in
Appendix № 1
Information on exercising the right of withdrawal is available at the same address in
Appendix № 2
to these General Terms and Conditions. For all other consumable goods the Consumer
has the right of withdrawal within 1 hour after the goods are delivered to the User,
in case the original cover and the integrity of the goods are not damaged.
The right of withdrawal under para. 1 cannot be applied in the following cases:
If the ordered goods are custom made or according to the User’s individual
For supply of goods which due to their nature may deteriorate during delivery or
have a short shelf life;
For the supply of sealed goods that have been unpacked after delivery and cannot
be returned due to hygiene or health protection reasons;
For the supply of goods which, after being delivered and due to their nature have
been mixed with other goods from which they cannot be separated;
For the delivery of sealed audio or video records or sealed computer software,
which are unsealed after the delivery;
For the delivery of newspapers, magazines, periodicals, apart from the
subscription agreements for the delivery of such editions.
When the Provider in the platform eBag.bg has not fulfilled its obligations to
provide information as defined in the Consumer Protection Act, the Consumer has the
right to cancel the concluded contract within one year and 14 days from the date of
receipt of the goods. When the information is provided to the consumer within the
withdrawal period, such period starts from the date of the information is provided.
The Consumer has the right to make the statement of withdrawal under this article
directly to the Provider through the withdrawal form available on the Provider’s
website in the eBag.bg platform at
Appendix № 1
of these General Conditions when it comes to goods, which are non-consumable and are within the scope of the Consumer
Protection Act in the part regarding distance contracts.
When the Consumter has used his / her right of withdrawal of the the contract
from distance, the Provider shall refund all sums received by the Consumer no later
than 14 days from the date that it was notified of the Consumer’s decision to cancel
the contract. The Provider refunds the amount it has received by using the same
transaction means, used by the Consumer for the first transaction, unless the
Consumer has explicitly agreed to use another means and under the condition that
this is not connected to additional expenses for the Consumer.
Upon exercising the right of withdrawal, the costs for returning the delivered
goods shall be deducted from the amount for refund under para. 4, unless when the
Consumer arranges the return of the goods at his / her own expense. The Provider has
no obligation to refund additional costs for delivering the goods when the Consumer
has chosen a way of delivery other than the cheapest way of standard delivery,
offered by the Provider.
The Consumer undertakes to store the goods received by the Provider and to
ensure the preservation of their quality and safety during the time period under
The Consumer may use his / her right of withdrawal from the contract with the
Provider by making a written statement through the standard form available in the
eBag.bg platform and in Appendix № 1
to these General Conditions.
When the Provider at eBag.bg has not offered to take the goods by arranging the
transport by his own, it may hold the payment of the Consumer’s sums until it
receives the goods or until the Consumer provides proof that he has sent the goods
back, depending on which of these two has occurred first.
Art. 17. (1)
The time for the delivery is defined for each good separately at the
time of conclusion of the contract with consumers through the Provider’s website on
the eBag.bg platform, as the goods can be delivered within a time slot, chosen by
In case the Provider of the platform eBagg.bg is not able to perform the
contract because it does not have the ordered goods in possession, it shall apply
one of the methods, published in the eBag.bg platform and according to Art. 22
hereinafter, after it has received the explicit consent of the Consumer.
In case a purchase contract is carried out for goods that contain alcohol
and for the ordering of such, the User declares that he/she is of at least 18 years
VIII. PERFORMANCE OF THE PURCHASE CONTRACT
Art. 19. (1)
The Provider executes the orders in time and at prices in compliance
with its supply policy, available on the eBag.bg platform.
The Provider may organize the delivery and the handing of the goods to the User
by the respective courier within the time specified at the conclusion of the
If the time period under para. 1 is not expressly agreed between the parties at
the conclusion of the contract, the Provider shall organize the delivery and
transmission within a reasonable time. If the Provider does not succeed to organize
the delivery within a reasonable time, it must inform the User in advance.
If the User is not present at the address he/she has provided and within the
time range, chosen by him/her:
The Provider shall organize the delivery at another time which is convenient for
the Provider, and the User shall pay additionally the amount of the fee for delivery
and every other related to the initial order expenses, if there are such;
If the User chooses the following day for the delivery, the Provider does not
guarantee for the excellent quality of the fresh products.
Upon refusing a delivery by the User, which is paid for through an online
payment method and if the delivery is refused before its execution has started, the
total amount of the order will be reimbursed by the Provider.
Art. 20. (1)
The User shall review the goods upon delivery and receipt and, if they
are not conforming, shall immediately notify the Provider.
If the User does not notify the Provider according to para. 1, the good is
deemed to have been approved as complying with the requirements, except for hidden
The Provider at eBag platform is not obliged to provide service for the
Art. 22. (1)
Тhe Provider applies its Return and replacement policy, which is
available on the eBag.bg platform.
In case the User, upon the delivery’s execution, has agreed that the missing
products will be replaced at the discretion of the Provider, in case of missing
products and availability of their substitutes in the Provider’s warehouse, the
Provider chooses suitable substitutes by type, quality and price and includes them
in the User’ s order.
If the Provider cannot perform the contract because it does not have the ordered
goods in stock, the Provider shall inform the User and in case the User has chosen a
cash on delivery method, the amount of the missing products shall be deduced from
the final price of the delivery.
If the Provider cannot perform the contract because it does not have the ordered
goods in stock, the Provider shall inform the User and in case the order is paid
online by the User, the Provider shall offer the User one of the two following
options: to send him/her a promo code for a discount for the amount of the missing
products or to reimburse him/her the corresponding amount to a bank account provided
by the User. If there is no explicit declaration by the User about the option chosen
by him/her and he/she has not provided a bank account, the Provider sends him/her a
promo code, which the User shall use when making his next order.
Аrt. 23. (1)
For the cases not covered in this section, shall apply the commercial
sale rules laid down in the Commercial Law, The Food Act and the Consumer Protection
IX. PROTECTION OF PERSONAL DATA
Art. 24. (1)
The Provider shall take measures to protect the personal data of the
User according to Regulation (EC) 2016/679 of the European Parliament and of the
Council of 27 April 2016 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data, and for the
repeal of Directive 95/46 / EC (GDРR) and the Personal Data Protection Act. The
Provider processes the personal data of the User on the basis of Art. 6, line 1, b.
“b” from GDPR – the processing is needed for the performance of a contract to which
the data subject is a party or on the basis of Art. 6, line 1, b. “a” GDPR – an
explicitly given consent by the User.
The User has published information regarding the personal data it processes and
the purposes of which they are processed, as all of the required information
pursuant to Regulation (EC) 2016/679 of the European Parliament and of the Council
of 27 April 2016 on the protection of individuals with regard to the processing of
personal data and on the free movement of such data, and for the repeal of Directive
95/46 / EC (GDРR) in the Privacy Notice, which is an integral part of the General
Terms and Conditions.
For security reasons regarding the User’s personal data, the Provider in the
eBag.bg platform will only send the data to an e-mail address that was provided by
the Users at the moment of registration.
The Provider shall have the right to store data in the terminal communication
device of the User, unless the User explicitly disagrees with that.
The Provider processes the User’s personal data for the purposes of direct
marketing under his/her explicit consent, which he/she can withdraw at any time.
The User agrees that the Provider is entitled to send online messages regarding
the provision of the service, improving the functionalities, promotional messages
for the specific user and other messages related to the performance of the contract.
Art. 25. (1)
At any time, the Provider in the eBag.bg platform shall be entitled to
require the User to identify the authenticity of each of the circumstances and
provided personal data it has provided upon the registration.
In case that, for any reason, the User has forgotten or lost his / her user name
or password, the Provider may apply the “Lost or Forgotten Names and Passwords
Procedure” available on the eBag.bg’s website.: https://www.ebag.bg/ > login >
X. AMENDMENT AND ACCESS TO GENERAL CONDITIONS
Art. 26. (1)
These General Terms and Conditions may be amended by the Provider, for
which it shall notify all registered Users in an appropriate way.
The Provider and the User agree that any addition and amendment to these General
Terms and Conditions will have effect to the User in one of the following cases:
upon its explicit notification by the Provider in the eBag,bg platform and if the
User does not declare that he/she rejects them with in the 14-day time limit; or
after publishing them on the Provider’s website on the eBag.bg platform, and if
the User does not declare that he/she rejects them within 14 days of their
with their explicit acceptance by the User through his account on the Provider’s
website on the eBag.bg platform.
The User agrees that all statements made by the Provider regarding changing
these General Terms and Conditions will be sent to the e-mail address specified by
the User at his/her registration. The User agrees that e-mails sent pursuant to this
Article need not be signed with a digital signature in order to have an effect on
The Provider publishes these General terms and conditions on the eBag.bg
website https://www.ebag.bg/terms, along with any additions and amendments hereto.
These Terms and Conditions and the User’s contract with the Provider may be
terminated in the following cases:
upon termination and in liquidation or bankruptcy of one of the parties to the
by mutual agreement of the parties in written form;
in case of impossibility to one of the parties to fulfill its obligations
under the contract;
in case of confiscation or sealing of equipment by state authorities;
in case of cancellation of the User’s registration in the eBag.bg platform. In
this case, the concluded but not yet fulfilled purchase contracts remain effective
and are subject to performance.
The Provider is entitled, without giving notice and without owing
compensation, to unilaterally terminate the contract if it finds that the User is
using the eBag.bg platform in violation of these General Terms, against the law of
the Republic of Bulgaria, the generally accepted moral norms or the generally
accepted rules and practice in e-commerce.
The User undertakes to indemnify and release the Provider from liability in
case of legal claims and other claims of third parties (whether justified or not)
for all damages and costs (including attorneys’ fees and legal costs ) arising out
of or in connection with (1) a failure to perform any of the obligations under this
contract, (2) infringement of copyright, production or broadcasting rights or other
intellectual or industrial property rights, (3) unlawful transfer of the rights
granted to the User to a third party within the time period and conditions of the
contract and (4) misreporting presence or absence of consumer capacity within the
meaning of the Consumer Protection Act.
The Provider is not responsible in case of circumstances like force
majeure, incidental events, hardship, Internet problems, technical or other
objective reasons, including rulings of the competent state authorities,which impede
objectively the performance of the cotnract.
Art. 32. (1)
The Provider shall not be liable for damages caused by the User to
The Provider shall not be liable for any pecuniary or non-pecuniary damage
resulting from loss of profits or damages caused to the User in the process of using
or not using eBag.bg and conclusion of contracts with the Provider.
The Provider shall not be responsible for the time during which the platform was
unavailable due to force majeure or other objective circumstances upon which the
Provider has no control.
The Provider shall not be liable for damages from comments, opinions and
publications under the products, news and articles in the platform eBag.bg.
Art. 33. (1)
The Provider shall not be liable in case of overcoming the security
measures of the technical equipment and if this results in loss of information,
dissemination of information, access to information, limitation of access to
information and other similar consequences.
The Provider shall not be liable in case of conclusion of a sale-purchase
contract, provision of access to information, loss or change of data occurring as a
result of false legitimation of a third person presented as the User if the
circumstances lead to the conclusion that this person is the User.
XIII. OTHER PROVISIONS
Art. 34. (1)
The user and the Provider shall be obliged to protect each other’s
rights and legitimate interests, as well as to protect their business secrets, which
have become known to them during the performance of the contract and these general
The User and the Provider undertake, during and after the expiry of the contract
period, not to make publicly accessible written or verbal correspondence between
them. Publicly accessible could be publishing of correspondence in print and
electronic media, internet forums, personal or public web sites, etc. may be
In case of a conflict between these General Terms and conditions and
arrangements in a separate contract between the Provider and the User, the
provisions of the separate contract shall be applied.
Any invalidity of the provisions of these General Terms and Conditions will
not invalidate the entire contract.
Art. 37. (1)
For any issues not settled in this contract, the laws of the Republic of
Bulgaria shall apply to the performance and interpretation of this contract.
The User has the right to refer all disputes with the Provider regarding the
performance of thid contract to the Alternative Dispute Resolution (ODR) platform
available at https://webgate.ec.europa.eu/odr/main/?event = main.home.show. In case
no out-of-court settlement is reached, the parties may refer the dispute to the
competent Bulgarian courts and the Consumer Protection Commission.
These General Terms and Conditions have entered into force for all Users
The General Terms and Conditions were last changed on 20.07.2020