Terms and conditions

GENERAL TERMS AND CONDITIONS OF WAVES.BG ONLINE STORE

I. SUBJECT

Art. 1. These general terms and conditions are intended to settle the relations between "WAVES.BG" Ltd., UIC 205914700, having its seat and registered address at Bulgaria, Sofia, Studentski grad district, 2 Prof. Alexander Fol Str., Ent. B, fl. 8, apt. 10, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as USERS, of the e-commerce platform WAVES.BG, hereinafter referred to as WAVES.BG.

II. SUPPLIER DATA

Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act

1. Name of the Suplier: WAVES.BG OOD
2. Headquarters and address of management: Bulgaria, Sofia, Studentski grad district, 2 Prof. Alexander Fol Str., Ent. B, fl. 8, apt. 10,
3. Address for exercising the activity and address for submitting complaints from users: Bulgaria, Studentski grad district, 2 Prof. Alexander Fol Str., Ent. B, fl. 8, apt. 10
4. Correspondence data: [email protected], phone +359 896 451 888
5. Entry in public registers: UIC 205914700
6. Supervisory authorities:

(1) Commission for Personal Data Protection

Address: Sofia, Prof. Tsvetan Lazarov ”№ 2,

tel .: (02) 940 20 46

fax: (02) 940 36 40

Email: [email protected], [email protected]

Website: www.cpdp.bg.

 (2) Consumer Protection Commission

Address: 1000 Sofia, 4A Slaveykov Square, 3rd, 4th and 6th floors,

tel .: 02/980 25 24

fax: 02/988 42 18

hotline: 0700 111 22

Website: www.kzp.bg.

    7.Registration under the Value Added Tax Act: № BG 205914700

III. PLATFORM FEATURES

Art. 3. WAVES.BG is an e-commerce platform, available at the Internet address www.waves.bg, through which the Users conclude contracts for purchase and sale and delivery of the products offered by the Supplier in the platform, including:

1. To register and create a profile for viewing the e-shop of the Supplier to receive information about the offered products;
2. To review the products, their characteristics, prices and delivery conditions;
3. To conclude with the Supplier contracts for purchase and sale and delivery of the products offered in the WAVES.BG platform;
4. To make payments, by electronic means of payment or payment upon delivery, in connection with the concluded contracts;
5. To receive information about new products offered by the Supplier in the WAVES.BG platform;
6. To make electronic statements in connection with the conclusion or execution of contracts with the Supplier in the platform WAVES.BG through the interface of the accessible page on the Internet - www.waves.bg;
7. To be notified of the law rights, mainly through the interface of the WAVES.BG platform on the Internet;
8. To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

Art. 4. The Supplier in the WAVES.BG platform organizes the delivery of the products and guarantees the rights of the Users, provided by law, within the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.

Art. 5. (1) The Users conclude a contract with the Supplier in the WAVES.BG platform for purchase and sale of the products, at www.waves.bg. The contract is concluded in Bulgarian and is stored in the database of the Supplier in the platform.

(2) Pursuant to the contract concluded with the Users for purchase and sale of products, the Supplier in the platform WAVES.BG is obliged to organize the delivery and transfer of ownership to the User of the products specified by him, through the interface in the platform. Users have the right to correct errors when entering information no later than sending the statement for the conclusion of the contract with Supplier in the platform WAVES.BG.

(3) The Users pay to the Supplier of the WAVES.BG platform the price for the delivered products according to the conditions defined in the WAVES.BG platform and the present general conditions. The remuneration amount is the price announced on the WAVES.BG platform. In case of a technical error of the price, the Supplier immediately notifies the User of the correct price of the product. The user has the right to refuse an order due to an incorrect indication of its actual price.

Art. 6. (1) The User and the Supplier in the WAVES.BG platform agree that all statements between them in connection with the conclusion and execution of the contract may be done electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.

(2) It is assumed that the electronic statements made by the Users of the website are made by the persons specified in the data provided by the User upon registration, if the User has entered the appropriate username and password.

IV. REGISTRATION FOR USE OF WAVES.BG

Art. 7. (1) In order to use WAVES.BG for concluding contracts for purchase and sale of products, the User should enter a chosen name and a password for remote access, which is considered that the User has accepted these general conditions.. Acceptance of these general terms and conditions is also made upon finalization of each order by the User.

(2) The name and the password for remote access are determined by the User by performing online registration on the website of the Supplier in the platform WAVES.BG, according to the procedure specified therein.

(3) By filling in his personal data in the shopping cart and pressing the "Order" button, the User declares that he is familiar with these general conditions, agrees with their content and undertakes to comply with them unconditionally..

(4) The Supplier confirms the order made by the User by e-mail. An account of the User is created and a contractual relationship arises between the User and the Supplier.

(5) When making the registration or the order, the User undertakes to provide correct and up-to-date data. The User undertakes to update the data specified in his registration or order in case of any changes.

V. TECHNICAL SEQUENCE FOR CONCLUDING A CONTRACT FOR PURCHASE AND SALE

Art. 8. (1) Users use the interface of the Supplier's page in the WAVES.BG platform in order to conclude contracts for purchase and sale of the products offered by the Supplier in the WAVES.BG platform.

(2) In the cases making orders without registration by the User, the latter accepts these general conditions from the moment of finalization of the order.

Art. 9. The Users conclude the contract for purchase and sale of the products in the WAVES.BG platform in the following order:

(1) Logging in to the ordering system in the WAVES.BG platform.

(2) Selecting one or more of the products offered by the Supplier in the WAVES.BG platform and adding them to the list of productsfor purchase.

(3) Providing the necessary data for identification of the User as a party to the contract.

(4) Providing data for delivery.

(5) Choosing a method for payment of the price of the product/s.

(6) Confirmation of the order.             

VI. CONTENT OF THE CONTRACT

Чл. 10. (1) The Supplier and the Users conclude separate contracts for purchase and sale of the products, requested by the Users, regardless that they are selected with one electronic statement and from one list of products.

(2) The supplier can organize simultaneously the delivery of the products ordered with the separate contracts for purchase and sale.

(3) The Users’ legal rights in connection with the delivered products are carried out separately for each contract for purchase and sale. The Users’ legal rights in connection with a delivered product does not affect and has no effect on the contract for the purchase and sale of the other products. In case that the User is a consumer according to the Consumer Protection Law, his legal right of refusal on the contract for purchase and sale of a certain product does not affect the contract for the purchase and sale of other products, delivered to the User. Users benefit from a legal guarantee of conformity of the products with the contract for purchase and sale.

Art. 11.  When exercising the legal rights under the contract for purchase and sale, the User is obliged to indicate precisely and unambiguously the contract and the product in respect of which he exercises his legal rights.

Art. 12. (1) The User can pay the price for the separate contracts for purchase and sale at once when ordering the products or when they are delivered.

(2) In the case when products are delivered promotionally together with other products in a set, the price for the set refers only in its entirety and is inseparable for individual products in the set.

VII. SPECIAL PROVISIONS APPLICABLE TO PERSONS WHO ARE CONSUMERS WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT

Art. 13. The rules of this section VII of these general terms and conditions apply only to Users for whom, according to the data specified for the conclusion of the contract for purchase and sale or registration in WAVES.BG, can be concluded that they are consumers within the meaning of the  Consumer Protection Act the Electronic 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 characteristics of the products offered by the Supplier in the WAVES.BG platform are defined in the profile of each product in the WAVES.BG platform.

(2) The price of the products including all taxes and fees is determined by the Supplier in the WAVES.BG platform in the profile of each product in the WAVES.BG platform.

(3) The value of the postage or transport costs not included in the price of the products is determined by the Supplier in the WAVES.BG platform and is provided as information to the Users when choosing the products for concluding the contract for purchase and sale. 

In case of non-receipt by the User of the sent products more than once, the Supplier reserves the right to:

- charges transport costs for the User for each subsequent order;

- not to provide the User with the right to refuse purchased products for a period of more than 14 days;

(4) The methods of payment, delivery and performance of the contract are defined in these general terms and conditions and the information provided to the User through the mechanisms in the platform WAVES.BG.

(5) The information provided to the Users under this article is up-to-date at the moment of its visualization in the WAVES.BG platform before the conclusion of the contract for purchase and sale.

(6) Users agree that all information required by the Consumer Protection Act may be provided through the interface of the platform WAVES.BG or through e-mail.

Art. 15. (1) The User chooses independently whether to pay the Supplier in the WAVES.BG platform the price for delivery of the goods before or at the time of their delivery, in case there is an option for payment upon delivery.

(2) In case the value of the User's order is equal to or exceeds BGN 10,000, the payment is made only by transfer or deposit to the payment account of the Supplier.

Art. 16. (1) The consumer has the right, without paying compensation or penalty and without stating a reason, to withdraw from the contract within 14 days from the date of acceptance of the products by the Supplier through the single withdrawal form available on the website of the Supplier in the WAVES.BG platform at https://www.waves.bg/terms&conditions in Appendix № 1 to these general terms and conditions or through the module on the Suplier's website. Information on exercising the right of withdrawal is available at https://www.waves.bg/terms&conditions in Appendix № 2 to these general terms and conditions.

(2) The right of withdrawal under para. 1 shall not apply in the following cases:

1. for delivery of products, customized by the Client or according to his individual requirements;
2. for delivery of goods, which due to their charcteristics may deteriorate their quality;
3. for delivery of sealed products, which are unsealed after their delivery and cannot be returned due to reasons related to hygiene or health protection;
4. for delivery of goods, which after they have been delivered and due to their characteristics have mixed with other goods, from which they cannot be separated;

(3) When the Supplier in the WAVES.BG platform has not fulfilled its obligations to provide information set out in the Consumer Protection Act, the User has the right to withdraw from the contract within 14 days from the date of receipt of the products. When the information is provided to the User within the withdrawal period, it begins to run from the date of its provision. The User has the right to send the statement of withdrawal under this article directly to the Supplier through the single withdrawal form available on the Supplier's website in the WAVES.BG platform at the address Appendix № 1 to these general conditions.

(4) When exercising the right of refusal, the costs for returning the delivered goods are at the expense of the User on the grounds of art. 55, para. 2 of the Consumer Protection Act. The Supplier is not obliged to reimburse the additional costs for the initial delivery of the goods, when the consumer has explicitly chosen a method of delivery of the goods, other than the free standard delivery offered by the Supplier, in the presence of such an option.

(5) The User undertakes to store the products received from the Suplier in the platform and to ensure the preservation of their quality and safety during the period under para. 1.

(6) The User may exercise his right to withdraw from the contract with the Suplier by sending a written statement to the Suplierthrough the standard form for withdrawal from the contract, available at https://www.waves.bg/terms&conditions in the platform WAVES.BG in Appendix № 1 to these general conditions or through the module on the Suplier's website. The products should be sent at the expense of the User, without cash on delivery, to the address of the Supplier: Sofia, 2 Professor Alexander Fol Str., Ent. K, Shop 1. Products sent with cash on delivery will not be accepted by the Supplier.

(7) The Supplier in the WAVES.BG platform may withhold payment of the amounts to the User until he receives the products or until the User provides proof that he has sent the products back.

(8) In case of delivery of products that are delivered promotionally together with other products in a set (so-called bundle goods), when exercising the right of withdrawal of the User under this article and the requirements of the Consumer Protection Act, the User is refunded reduced amount of individual price of the products taking into account the ratio of the prices of the products in the e-shop when they are not bought together (the ratio between the not reduced prices of the products).

(9)  Notwithstanding the above hypotheses, the User undertakes to return the products in commercial form. Commercial form means a type that allows the subsequent sale of the products as new. The unpacking of the products should not have led to a clear distortion of the commercial appearance of the products. In case of damaged commercial type of the products, the Supplier has the right at its discretion to refuse to accept withdrawal from the contract or to charge the User costs for the restoration of the products in commercial form. According to Art. 55, para. 4 of the Consumer Protection Act, the User is responsible for the reduced value of the products caused by their testing, other than the necessary to establish their characteristics and proper functioning.

(10) Upon return of the products, the User undertakes to return it together with the full set received, as well as all accompanying documents - receipt, invoice, handover protocol, warranty card (if any).

(11) When returning the products, the User undertakes to return all gifts received with the ordered goods, in case they are sent by the Supplier.

VIII. PERFORMANCE OF THE CONTRACT

Art. 17. (1)  The term of delivery of the products is determined for each product separately when concluding the contract with the User through the website of the Supplier in the WAVES.BG platform. For each specific product the User is notified immediately before the finalization of the order in the WAVES.BG platform how many days will approximately take delivery. The days specified in the WAVES.BG platform required for delivery are indicative and the Supplier does not guarantee for them, but guarantees that he will do everything possible to deliver the products on the specified days.

(2) In case the User and the Suplier in the WAVES.BG platform have not set a delivery time, the delivery time of the products is 30 calendar days from the date following the sending of the User's order to the Supplier through the Supplier's website in the WAVES.BG platform.

(3) The Supplier may refuse to process the order when there are reasonable doubts that the order is non-authentic, including that it does not come from the User described in it, or when the product ordered with the order is temporarily unavailable due to exhaustion of quantities or other technical reasons, in which case the Supplier notifies the User by email or phone and refunds the amounts paid by the User. The Supplier may refuse to process an order when the number or volume of the ordered items exceeds their usual consumption within the meaning of the Consumer Protection Act and there is reason to believe that the order is made for resale and does not fall within the scope of consumer purchase-sale.

(4) In case of inaccurate data provided by the User, for delivery address and telephone or absence of the User at the address, as well as in case of impossibility to deliver the products due to reasons beyond the Supplier, the products are returned and remain in the Supplier's warehouses. In this case the products are not kept for the User, unless they are paid in advance. In case of paid in advance products, they are kept within 15 days of their return, and after the expiration of this period and if the User does not seek them from the Supplier, the Supplier will return the payment received, except for the amount spent on delivery. In case of inaccurate or wrong data provided by the User for the delivery address, where the products are sent to the wrong address, the costs for courier service for redirection of the shipment are at the expense of the User.

(5) In case the products are not delivered to the User within the specified delivery period, no compensation is due to the User. Reasons that would delay the delivery outside the days specified in the WAVES.BG platform are: workload and number of orders for the period above the average and above the usual for the Supplier; faults in the courier company such as untimely organization of the courier, excessive workload of the courier, unpredictable technical and informational problems with the courier or meteorological conditions preventing the courier; unpredictable technical problems in the systems of the Supplier; faults in the partners of the Supplier, of which the latter is supplied with the products, etc. force majeure circumstances that would interfere with the normal organizational activities of the Supplier.

(6) In all cases, the Supplier guarantees and undertakes to deliver the products to the User with no more than 15 working days delay over the approximate delivery days in the WAVES.BG platform.

Art. 19. Each order has the opportunity to be delivered free of charge, and for this purpose the conditions regarding the term of delivery, described in Art. 17, (1) of the General Terms and Conditions are applied. Each order to an address chosen by the User is free of charge, in case its value exceeds the value determined for the respective country. In case of additional redirection of the requested order by the User or in case of necessity of repeated visit to the requested address, the conditions for free delivery do not apply and the User pays the delivery price in amounts determined according to the tariff of the respective courier. The conditions for free delivery do not apply in case the User requests a visit to an address at a time or range of the day determined by him.

Art. 20. (1) The User must inspect the products at the time of delivery and if it does not meet the requirements to notify the Supplier immediately in the WAVES.BG platform.

(2) If the User does not notify the Provider in the WAVES.BG platform according to par. 1 the goods shall be considered approved as meeting the requirements, except for hidden defects.

(3)  In case that upon delivery of the oder the User wishes to refuse it and not to accept it, the costs of transport in both directions are at his expense.

Art. 21. The Supplier shall provide the necessary service for the goods in accordance with the provisions of Section XIII. COMPLAINTS.

Art. 22. For the cases not settled in this section, the rules of commercial sale, defined in the Commercial Law and the Consumer Protection Act, shall apply.

IX. PROTECTION OF PERSONAL DATA

Art. 23. (1) The Supplier in the WAVES.BG platform takes measures to protect the personal data of the User in accordance with the Personal Data Protection Act.

(2) For security reasons, the Supplier in the WAVES.BG platform will send the data only to the e-mail address, which was indicated by the Users at the time of registration.

(3) The personal data provided by the Users are subject to protection under the Personal Data Protection Act and the General Regulation 2016/679 as the Supplier processes them for the purposes and within the terms provided in the Privacy Policy.

(4) The Supplier in the WAVES.BG platform has the right to store data in the end communication device of the User, unless the latter explicitly expresses his disagreement to do so.

(5) The User agrees that the Supplier of the WAVES.BG platform has the right to send e-mails to the User at any time, including a newsletter or offers for purchase of products, while there is a registration of the User in the e-shop of the Supplier in the WAVES.BG platform.

(6) The User agrees that the Suppliers of the WAVES.BG platform has the right to collect, store and process data on the User's behavior when using the Supplier’s e-shop on the WAVES.BG platform.

Art. 24. (1) The Supplier in the WAVES.BG platform has the right at any time to require the User to identify himself and certify the authenticity of each of the circumstances and personal data announced during registration.

(2) In case for any reason the User has forgotten or lost his username and password, the Supplier in the WAVES.BG platform has the right to apply the announced "Procedure for lost or forgotten usernames and passwords", available at: WAVES.BG

X. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 25. (1) These general terms and conditions may be amended by the Supplier of the WAVES.BG platform, for which the latter will notify in an appropriate manner all registered Users.

(2) The Supplier in the WAVES.BG platform and the User agree that any addition and amendment of these general terms and conditions will have effect on the User in one of the following cases:

А) after its explicit notification by the Supplier in the WAVES.BG platform and if the User does not state within the given 14-day period that he rejects them; or

1. B)after their publication on the website of the Supplier in the platform WAVES.BG and if the User does not state within 14 days of their publication that he rejects them;
2. C)with its explicit acceptance by the User through his account on the website of the Supplier in the platform WAVES.BG.

(3) The User agrees that all statements of the Supplier in the WAVES.BG platform, in connection with the change of these general term and conditions will be sent to the e-mail address specified by the User during registration. The User agrees that e-mails sent in accordance with this article do not need to be signed with an electronic signature in order to have effect on him.

Art. 26. The Supplier publishes these general terms and conditions at: https://www.waves.bg/terms&conditions along with all additions and amendments thereto.

XI. TERMINATION

Art. 27. The present general terms and conditions and the contract between the User with the Supplier in the WAVES.BG platform are terminated in the following cases:

• upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
• by mutual consent of the parties in writing form;
• in case of objective impossibility of any of the parties to the contract to perform its obligations;
• in case of seizure or sealing of the equipment by state authorities;
• in case of deletion of the User's registration in the WAVES.BG platform; in this case, the concluded but not executed contracts of sale remain in force and are subject to execution;

Art. 28. The Supplier has the right at his discretion, without notice and without due compensation to terminate the contract unilaterally, if he finds that the User uses the WAVES.BG platform in violation of these general terms and conditions, legislation in the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practice in e-commerce.

XII. RESPONSIBILITY

Art. 29. The User undertakes to indemnify and release from liability the Supplier in case of lawsuits and other claims of third parties (whether justified or not), for all damages and costs (including attorney's fees and court costs) arising from or in connection with c (1) non-performance of any of the obligations under this contract, (2) infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights, (3) illegal transfer to other persons of the rights granted to the User for the period and under the terms of the contract and (4) false declaration of the presence or absence of consumer quality within the meaning of the Consumer Protection Act.

Art. 30. The Supplier is not responsible in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.

Art. 31. (1) The Supplier is not liable for damages caused by the User to third parties.

(2) The Supplier is not responsible for property or non-property damages, expressed in lost profits or damages caused to the User in the process of using or not using WAVES.BG and concluding sales contracts with the upplier.

(3) The Supplier is not responsible for the time during which the platform was not available due to force majeure.

(4) The Supplier is not responsible for damages from comments, opinions and publications under the products, news and articles in the WAVES.BG platform.

Art. 32. (1) The Supplier is not responsible in case of overcoming the security measures of the technical equipment and this results in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.

(2) The Supplier is not responsible in case of concluding a contract for purchase and sale, providing access to information, loss or alteration of data resulting from false identification of a third party who represents himself as the User, if the circumstances can be judged, that this person is the User.

XIII. COMPLAINTS

Art. 33. (1) The User has the right to make a complaint, and upon such, a complete set of documents (including receipt / delivery note, delivery note, warranty card, etc.) and the products should be sent to the address of the Supplier: Sofia, Studentski Grad, 2 Prof. Alexander Fol Str., ent. B, fl. 8, apt. 10 office of WAVES.BG LTD. 

(2) The User has the right to claim for any discrepancy of the products with the agreed, when after delivery, during the initial inspection, discrepancies with the sales contract are found. The complaint of a consumer product can be filed up to one month from the establishment of the non-compliance with the agreed.

XIV. OTHER TERMS

Art. 34. (1) The User and the Supplier in the WAVES.BG platform are obliged to mutually protect their rights and legal interests, as well as to keep their trade secrets, that became their property in the process of performance of the contract and these general conditions.

(2) The User and the Supplier undertake during and after the expiration of the contract period not to make public written or oral correspondence between them. The publication of correspondence in print and electronic media, internet forums, personal or public websites, etc. can be considered public.

Art. 35. In case of conflict between these general terms and conditions and a special contract between the Supplier in the WAVES.BG platform and the User, the provisions of the special contract shall prevail.

Art. 36. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.

Art. 37. The laws of the Republic of Bulgaria shall apply to the issues not settled in the contract, related to the implementation and interpretation of this contract.

Art. 38. These general terms and conditions enter into force for all Users on 01.09.2020.

Art. 39. The promo codes for discounts when purchasing products do not apply to products that have already been reduced, have another discount applied to them or have a TOP PRICE sticker, except for promo codes that are explicitly mentioned by the Supplier and are used for an additional discount.

Appendix № 1 - Standard form for exercising the right to withdraw from the contract

 ……………………………………………………………………………………………………..

Appendix № 2 - Information on exercising the right of withdrawal

Information on exercising the right of withdrawal

Standard instructions for withdrawal:

Right to withdraw from the contract at a distance or off-premises:

1. You have the right to withdraw from this contract, without giving reasons, within 14 days.
2. The withdrawal period shall be 14 days from the date on which you or a third party other than the currier and designated by you take possession of the products.
3. In order to exercise your right of withdrawal, you must notify us on the contact details provided on WAVES.BG and on your decision to withdraw from the contract with an unambiguous application (eg a letter sent by post, fax or e-mail)..
4. You can use the attached standard withdrawal form, but this is not required. You can also fill in and submit electronically the standard withdrawal form or other unambiguous withdrawal application on our website WAVES.BG. If you use this feature, we will immediately send you a persistent acknowledgment message (by email).
5. In order to comply with the withdrawal period, it is sufficient to send your notice of the exercise of the right of withdrawal before the expiry of the withdrawal period..

Withdrawal effect:

1. If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs associated with your chosen method of delivery other than the cheapest standard method of delivery offered by us), without undue delay and in any case no later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We will make the refund to the bank account specified by you, in which case this refund will not be associated with any costs for you.
2. We have the right to defer refunds until we receive the products back or until you provide us with proof that you have sent the products back.
3. You must bear the direct cost of returning the products. The cost is not expected to exceed approximately the amount of the delivery or standard courier service.
4. You are responsible for reducing the value of the products as a result of their testing, other than what is necessary to establish their characteristics and good functioning.

For more user information see www.waves.bg.