General terms

GENERAL TERMS AND CONDITIONS OF EBAG.BG ONLINE STORE
I. SUBJECT
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, helpme@ebag.bg, mobile number +359 888 463 035 Entry in public registers: UIC 204786976 Registration under the Law on value added tax № BG 204786976 (2) Supervisory authorities: 1. 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: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
2. Commission for Consumer Protection
Address: 4A Slaveikov Square, 3rd, 4th and 6th floor, Sofia, Bulgaria
tel.: 02/933 0565
fax: 02/9884218
hotline: 0700 111 22
Website: www.kzp.bg
III. PLATFORM CHARACTERISTICS
Art. 3. 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: 1. To register and create an account for reviewing the Provider's e-store and using additional services for provision of information; 2. To review products, their characteristics, prices and delivery terms; 3. To conclude contracts with the Provider for the purchase and delivery of the goods offered by the e-commerce platform eBag.bg; 4. To make any payments related to the concluded contracts through the eBag.bg online payment platform; 5. To receive information about new products offered by the Provider; 6. To make online statements about the performance of the concluded contracts with the Provider through the interface of the webpage eBag.bg; 7. To be informed about their rights according the law, primarily through the eBag.bg platform interface on the Internet; 8. To use their right of revocation of the contract, when is applicable, according to the Consumer Protection Act. Art. 4. 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. (2) 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 is addressed. (3) 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. (2) 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. (2) 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. (3) 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. (4) 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. (5) 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 or order..
V. TECHNICAL STEPS TO CONCLUDE A CONTRACT
Art. 8. 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. Art. 9. The Users conclude the contract in the eBag.bg platform by the following procedure: 1. 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; 2. 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); 3. Choosing or configuring one or more goods offered by the Provider in the platform and adding them to a purchase order list; 5. Providing the necessary data to make the delivery: address of delivery, two names, e-mail and the phone number of the person to contact; 6. Choosing a day and time slot for the delivery; 7. Choice of method and time for payment of the price; 8. 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. (2) The Provider may organize together and simultaneously the delivery of goods ordered by one or more individual contracts. (3) 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. (4) 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. (5) The User shall pay the value of the delivery and other related to it expenses, if there are such, in the following cases: 1. 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; 2. 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. (6) 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. (7) 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. (8) 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. (9) 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. Art. 11. When exercising the rights under the contract, the User is obligated to indicate the precise contract which the goods are related to. Art. 12. 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
Art. 13. 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. (2) 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. (3) 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. (4) 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. (5) 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.. (6) 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. (7) 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. (2) The User chooses independently whether to pay the Provider the price for delivery of the goods prior to or at the moment of delivery.. (3) 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. (2) The right of withdrawal under para. 1 cannot be applied in the following cases: 1. If the ordered goods are custom made or according to the User’s individual requirements; 2. For supply of goods which due to their nature may deteriorate during delivery or have a short shelf life; 3. For the supply of sealed goods that have been unpacked after delivery and cannot be returned due to hygiene or health protection reasons; 4. 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; 5. For the delivery of sealed audio or video records or sealed computer software, which are unsealed after the delivery; 6. For the delivery of newspapers, magazines, periodicals, apart from the subscription agreements for the delivery of such editions. (3) 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. (4) 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. (5) 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. (6) 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 para. 1. (7) 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. (8) 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 the User. (2) 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. Art. 18. 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 of age.
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. (2) 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 contract. (3) 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. (4) If the User is not present at the address he/she has provided and within the time range, chosen by him/her: 1. 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; 2. If the User chooses the following day for the delivery, the Provider does not guarantee for the excellent quality of the fresh products. (5) 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. (2) 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 defects. Art. 21. The Provider at eBag platform is not obliged to provide service for the goods. Art. 22. (1) Тhe Provider applies its Return and replacement policy, which is available on the eBag.bg platform. (2) 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. (3) 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. (4) 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 Act. 
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. (2) 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. (3) 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. (4) The Provider shall have the right to store data in the terminal communication device of the User, unless the User explicitly disagrees with that. (5) 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. (6) 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. (2) 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 > forgotten password.
 
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. (2) 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: 1. 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 2. 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 publication; or 3. with their explicit acceptance by the User through his account on the Provider’s website on the eBag.bg platform. (3) 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 him/her. Art. 27. 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. 
XI. TERMINATION
Art. 28. These Terms and Conditions and the User’s contract with the Provider may be terminated in the following cases: 1. upon termination and in liquidation or bankruptcy of one of the parties to the contract; 2. by mutual agreement of the parties in written form; 3. in case of impossibility to one of the parties to fulfill its obligations under the contract; 4. in case of confiscation or sealing of equipment by state authorities; 5. 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. Art. 29. 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.
XII. LIABILITY
Art. 30. 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. Art. 31. 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 third parties. (2) 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. (3) 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. (4) 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. (2) 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 conditions. (2) 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 considered. Art. 35. 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. Art. 36. 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. (2) 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. Art. 38. These General Terms and Conditions have entered into force for all Users on 09.06.2017.
The General Terms and Conditions were last changed on 20.07.2020