General Terms and Conditions for using the website https://magicofcolors.eu

These general terms and conditions govern the relationship between Magicofcolors EOOD ( Меджикъфкалърс ЕООД ), hereinafter referred to as “Vendor”, on the one hand, and the Users of the online pages and Services available at http://magicofcolors.eu, hereinafter referred to as “Users”, on the other hand.

Magicofcolors EOOD ( Меджикъфкалърс ЕООД ) is a company registered under the Commerce Act of the Republic of Bulgaria with UIC 204110318, with address Vl. Varnenchik., bl. 9, apt. 53, e-mail address office@magicofcolors.eu, telephone +359898455909.

Please read the full General Terms and Conditions before using the information and commercial services offered on the Site (hereinafter referred to as “Services”).

This document contains information about the activity of Magicofcolors EOOD and the general terms and conditions for using the Services provided by Magicofcolors EOOD, and regulates the relationship between us and each of our Users.

Accepting the General Terms and Conditions is necessary and mandatory for entering a contract between the User and the Vendor.

By accepting the General Terms and Conditions, the User agrees to have their personal data processed on the grounds of a contract concluded between them and the Vendor.

Definitions

For the purposes of these General Terms and Conditions, the below terms should be interpreted as follows:

Website – https://magicofcolors.eu and all its subpages.

User – any natural person who acquires Goods or uses Services not intended for commercial or professional activity, and any natural person who, as party to a contract under this Act, acts outside their commercial or professional activity.

Vendor – Magicofcolors EOOD ( Меджикъфкалърс ЕООД ).

General Terms and Conditions – these General Terms and Conditions, featuring terms of use, cookies, registration and delivery rules, amicable dispute resolution, contract termination and replacement forms, and any other legally relevant information available on the Site.

Personal data – information about a natural person which discloses their physical, psychological, mental, family, economic, cultural or social identity.

Goods – each product located on the Site which is provided by the Vendor as a result of a contract.

Sales contract – a contract under which the Vendor transfers or undertakes to transfer the ownership of Goods to the User, and the User pays or undertakes to pay their price, including any contracts having both Goods and Services as their scope.

Alternative dispute resolution procedure – a procedure for out-of-court settlement of User disputes which meets the requirements of this Act and is performed by an alternative User dispute settlement authority.

Services provided

1. On the Site, the Users have the opportunity to enter contracts for the purchase of the Goods offered by the Vendor.

Order

2. The Users use the interface of the Site to enter contracts with the Vendor for the offered Goods.

2.1. The contract for purchase and sale of the Goods is considered concluded at the time the order’s confirmation by the Vendor

2.2. When some Goods are not available, the Vendor reserves the right to cancel the order.

2.3. After selecting one or more Goods offered on the Vendor’s Site, the User must add them to their list of Goods for purchase.

2.4. It is necessary for the User to provide data for the delivery and choose the method and time of payment of the price, then confirm the order through the interface of the Site.

2.5. When placing an order, the User receives an e-mail confirmation that their order has been accepted.

2.1. Договорът за покупко-продажба на стока се счита за сключен от момента на потвърждаването на поръчката от Търговеца

2.2. При липса на наличност от дадена Стока Търговецът си запазва правото да откаже поръчката.

2.3. След избиране на една или повече Стоки, предлагани на Сайта на Търговеца, Потребителят трябва да добави същите в списъка си със Стоки за покупка.

2.4. Необходимо е Потребителят да предостави данни за извършване на доставката и да избере способ и момент на плащане на цената, след което да потвърди поръчката чрез интерфейса на Сайта.

2.5. При извършване на поръчка, Потребителят получава потвърждение по имейл, че поръчката му е приета.

3. The Vendor has the right to refuse a contract with a non-compliant User.

3.1. The Vendor has the right to treat the User as non-compliant in the cases where:

3.1. Търговецът има право да третира Потребител като некоректен в случаите, когато:

1. the User has failed to comply with the General Terms and Conditions;
2. incorrect, arrogant or rude attitude towards the representatives of the Vendor has been established;
3. systematic abuses by the User towards the Vendor have been established.

Prices

4. The prices of the offered Goods are those indicated on the Vendor’s website at the time of placing the order, except in cases of obvious error.

4.1. The prices of the Goods are VAT-inclusive in the cases where VAT is applicable.

4.1. Цените на стоките включват ДДС, в случаите, в които е предвидено начисляването му.

5. The Vendor has the right, at any time and without notice, to make changes to the published Goods, prices and other features of the Goods, and the Users are considered informed of these changes from the date of their publication. The information about some of the published Goods may not be updated, but in all cases, the Users will be notified upon placing their Order about outdated information on the website related to the ordered Goods, before their delivery. Some of the information published on the website may relate to Goods that are not in stock and are not currently unavailable, for which we apologise in advance.

6. The Vendor may provide discounts for the Goods offered on the Site in accordance with the Bulgarian law and the rules set by the Vendor. The rules applicable to such discounts shall be displayed together with the discount. Discounts can be provided in various forms (e.g. promotions, loyalty discounts provided individually, randomly, or as a result of a competition or customer survey).

6.1. Different types of discounts may not be combined when ordering and purchasing the same Goods.

6.1. Различните видове отстъпки не могат да се комбинират при поръчка и закупуване на една и съща стока.

Payment

7. When the User returns Goods with the right to a refund of the amount paid for any reason, the price subject to refund is reduced by the value of the discount applied to the Goods and only the actually paid amount is refundable.

8. The User may pay the price for the ordered Goods using one of the options listed on the Site. Payment is possible on the Site using the following methods:

• cash-on-delivery
• wire transfer
• credit or debit card
• PayPal payment system

9. If the User chooses the option for delivery by courier and with cash-on-delivery, they must pay the price of the ordered items together with the price of delivery to the courier upon receipt of the Goods.

10. If the User chooses a payment method involving a third-party payment service provider, the User may be bound by the terms and conditions and/or fees of that third party.

11. The Vendor shall not be liable if a payment method involving a third-party payment service provider is not available or otherwise does not function for reasons that cannot be attributed to the Vendor.

12. The User is aware of the fact that when making payments by wire transfer, debit/credit card and through the Epay electronic payment system, the User uses third-party (bank, payment institution, etc.) systems/software that is/are not controlled by the Vendor. Furthermore, the Vendor does not have access to any information related to payments made by the User, and cannot check instead of/on behalf of the User whether such payments were made correctly, if there was a communication problem between the third-party system and the Vendor’s, other technical problem, etc. – The Vendor can only check whether the payment has been received by them. The User is fully and solely responsible for any communication and verification at the relevant bank, payment institution, etc. in connection with any problems with the ordered payments.

Withdrawal from contract and replacement

13. The User has the right to withdraw from the contract without stating a reason, without owing any compensation or penalty, within 14 days from the date of acceptance of the Goods by the User or a by third party.

14. In order to exercise their right under this clause, the User must unambiguously inform the Vendor of their decision to withdraw from the contract, specifying the Goods they wish to return, by providing all details of the order and delivery, including but not limited to: the contents and value of the order, details about the person who made the order, details about the person who accepted the delivery, and date of delivery.

15. The Vendor shall publish a form for exercising the right to withdraw from the contract on their Site.

16. In order to exercise the right of withdrawal, the Vendor shall provide the User with the option to fill in and send electronically (via the website) the standard withdrawal form or any other unambiguous statement. In these cases, the Vendor shall immediately send the User a confirmation of receipt of their withdrawal on durable media.

17. The User undertakes to return the Goods at their own expense, together with the receipt and invoice, if any, by handing them over to the Vendor or an authorised person of the latter, within 14 days from the date on which the User has exercised their right of withdrawal from the contract.

18. Upon return, the Goods must be in their original packaging, without any traces of use or deterioration of their commercial appearance.

19. The Vendor has the right to postpone the refund until the Goods have been returned or until proof is provided that the Goods have been sent back, whichever is earlier.

20. If the User fails to fulfill their obligation to return the Goods without notifying the Vendor of the delay and without providing a valid reason, they are considered to have withdrawn their statement of withdrawal from the contract.

21. When, with regard to the fulfilment of the contract, the Vendor has incurred costs and the User withdraws from the contract, the Vendor has the right to withhold the relevant amount for the costs incurred, or demand that they be covered.

22. The User may not withdraw from the contract if the following is part of the contractual scope:

22.1. delivery of Goods made at the request of the User or in accordance with the User’s custom requirements;

22.2. providing Goods which, by their nature, may deteriorate in quality or have a short shelf life;

22.3. delivery of sealed Goods which have been unsealed after delivery and cannot be returned due to hygiene or health-related reasons;

22.1. за доставка на стоки, изработени по поръчка на Потребителя или съобразно неговите индивидуални изисквания;

22.2. за доставка на стоки, които поради своето естество могат да влошат качеството си или имат кратък срок на годност;

22.3. за доставка на запечатани стоки, които са разпечатани след доставката им и не могат да бъдат върнати поради съображения, свързани с хигиената или защита на здравето;

23. The Vendor shall refund the price paid by the User for the returned Goods.

23.1. If the User has made a payment under the contract using a credit or debit card and has exercised the right to withdraw from the contract, the refund shall be transferred by ordering a reverse operation for the card with which the payment was made within 7 business days.

23.1. В случай че потребителят е направи плащане по договора с банкова карта и е упражнил правото си на отказ от договора, възстановяването на суми се извършва чрез нареждане на обратна операция по картата с която е направено плащането в срок от 7 работни дни.

Warranty and complaints

24. The User has the right to file a claim about any non-conformity of the Goods or Services with what has been agreed/ordered, when, after delivery, it is determined that they do not comply with the contractual terms.

25. The Vendor shall not be liable for any difference in color due to the natural different color variations by different monitor models.

26. Any non-conformity of the User’s Goods with the sales contract that occurs within 6 months after the delivery of the Goods shall be deemed to have existed at the time of delivery, unless it is proved that the non-conformity is due to the nature of the Goods or the nature of the non-conformity.

27. The User may not dispute the conformity of the User’s Goods with the sales contract when:

1. at the time of entering the contract, they knew or could not have been unaware of the non-conformity;
2. the non-conformity is due to the materials provided by the User.

28. The User has the right to file a claim about the Goods or Services, regardless if the manufacturer or the Vendor has provided a commercial warranty for the Goods or Services.

29. If the complaint is being satisfied by virtue of replacing the Goods, in accordance with the agreement, the Vendor will keep the User’s original warranty terms.

30. Upon filing a claim, the User may request a refund of their payment, a replacement of the Goods with other Goods that correspond to the agreed terms, or a deduction from the price.

31. The claim shall be submitted orally using the telephone number indicated by the Vendor, or in writing, using the indicated e-mail, by mail, or as a submission at the address of the company. The Vendor shall provide access to a claim form on their Site.

32. Upon filing a claim, the User shall specify the subject of the claim, the preferred manner of satisfying the complaint, respectively the amount of the claim, as well as an address, telephone and email.

33. When filing a claim, the User must also attach the documents on which the claim is based, namely:

1. A receipt or invoice;
2. Any records, acts or other documents certifying the non-conformity of the Goods with the agreed terms;
3. Any other documents certifying the claim in terms of grounds and amount.

34. The claim regarding the User’s Goods may be filed up to two years from the delivery of the Goods, but not later than two months from the establishment of the non-conformity with the agreed terms.

35. This period shall be suspended during the time necessary to reach an agreement between the Vendor and the User to resolve the dispute.

36. If the Vendor has provided a commercial warranty for the Goods and the warranty term is longer than the terms for filing the claim under Paragraph 1, the claim may be filed until the expiration of the commercial warranty term.

37. Filing of a claim shall not prevent the filing of an action.

38. The Vendor shall maintain a register of the submitted claims. The User shall be sent a document to the e-mail address specified by them, featuring the number of the claim from the register and the type of the Goods.

39. When the Vendor has satisfied the claim, they shall issue the respective act which shall be drawn up in two copies, with one copy for the User to keep.

40. If the claim is justified, the Vendor shall modify the Goods to be in compliance with the sales contract within one month from the filing of the claim by the User.

40.1. If the Goods have not been repaired after the expiration of the term under the previous paragraph, the User has the right to terminate the contract and claim a refund for their payment or to request a reduction in the price of the User’s Goods under Art. 114 of the CPA.

40.2. Bringing the User’s Goods in compliance with the sales contract shall be free of charge for the User. They shall not owe compensation for any costs for the shipment of the User’s Goods, or any materials and labor related to the repairs, and shall not suffer any undue inconvenience.

40.1. Ако Стоката не е поправена и след изтичането на срока по предходната алинея, Потребителят има право да развали договора и да му бъде възстановена заплатената сума или да иска намаляване на цената на потребителската стока съгласно чл. 114 от ЗЗП.

40.2. Привеждането на потребителската Стока в съответствие с договора за продажба е безплатно за Потребителя. Той не дължи разходи за експедиране на потребителската Стока или за материали и труд, свързани с ремонта й, и не понася значителни неудобства.

41. If the User’s Goods do not comply with the sales contract and the User is not satisfied with the resolution of the claim, they have the right to choose one of the following options:

1. dissolve the contract and claim a refund for their payment
2. price reduction.

42. The User may not claim a refund or reduction of the price of the Goods if the Vendor agrees to replace the User’s Goods with new items, or repair the Goods within one month from the filing of the claim by the User.

43. The Vendor undertakes to satisfy a request for dissolution of the contract and refund the amount paid by the User when, after satisfying three User claims by repairing the same product within the warranty period, there is another occurrence of non-conformity of the Goods with the sales contract.

44. The User may not claim dissolution of the contract if the non-conformity of the User’s Goods with the contract is insignificant.

Intellectual property

45. The intellectual property rights over all materials and resources located on the Vendor’s Site (including any available databases) are subject to protection under the Copyright and Related Rights Act. They belong to the Vendor or the designated person who has transferred the right of use to the Vendor, and may not be used in violation of the applicable law.

46. In case of copying or reproducing information beyond what is permissible, and also in case of any other violation of the intellectual property rights regarding the Vendor’s resources, the Vendor has the right to claim full compensation for any direct and indirect damages.

47. Except as expressly agreed, the User may not reproduce, modify, delete, publish, distribute and otherwise disclose the information resources published on the Vendor’s Site.

48. The Vendor undertakes to take due care to ensure that the User has normal access to the Services provided.

49. The Vendor reserves the right to suspend access to the Services provided. The Vendor has the right, but not the obligation, to delete any information resources and materials published on their Site, at their discretion.

Termination and dissolution of the contract

50. The Vendor has the right, at their discretion and without giving notice, to unilaterally terminate the contract if they find that the Services provided are used in violation of these General Terms and Conditions, the laws of the Republic of Bulgaria, and the generally accepted moral norms.

51. Except in the cases provided for in these General Terms and Conditions, the contract between the parties shall also be terminated upon termination of the Vendor’s activity or termination of the maintenance of their Site.

52. In addition to the above cases, either party may terminate this Contract by providing a one-week prior notice to the other Party in the event of failure to fulfill any obligations under the Contract.

53. The written form of the contract shall be deemed compliant by sending an e-mail, pressing an electronic button on a page with content to be filled in or selected by the User or ticking in a field (checkbox) on the Site, etc., insofar as the statement is technically recorded in a way that allows it to be reproduced.

Transfer of ownership

54. The ownership of the Goods will be transferred by the Vendor upon the Goods’ delivery to the User, after the payment is made by the latter. The delivery of the Goods will be certified by the signature of the User on the transport document provided by the courier.

Force majeure

55. Neither party shall be liable for failure to fulfill their contractual obligations if such failure is due to force majeure. Force majeure is an unforeseeable event that is beyond the control of the parties and cannot be avoided.

56. If within 14 (fourteen) days from the date of the event, it has not resolved, each party has the right to notify the other party that it terminates the Contract without owing compensation for any damages to the other party.

Rescue clause

57. The Parties represent that if any of the clauses of these General Terms and Conditions are found to be invalid, this will not invalidate the entire contract or other parts thereof. The invalid clause will be replaced by the applicable legal regulations or the established practice.

Amendments to the General Terms and Conditions

58. The Vendor shall notify the Users about any amendment to these General Terms and Conditions within 7 days of the occurrence of the relevant circumstance using the e-mail address indicated by the User.

59. If the User does not agree with the amendments to the General Terms and Conditions, they have the right to withdraw from the contract without stating a reason and without owing any compensation or penalty. In order to exercise this right, the User must notify the Vendor within one month of receiving the notice under the previous article.

60. If the User fails to exercise their right to withdraw from the contract in the manner prescribed in these General Terms and Conditions, it is considered that the change has been accepted by the User without objection.

Applicable law

61. The provisions of the current laws of the Republic of Bulgaria shall apply to all matters not settled by these General Terms and Conditions.

Information on the authorities controlling the activity

The authorities regulating the activity of the Vendor are the Consumer Protection Commission (CPC) and the Personal Data Protection Commission (PDPC), with the following contact details:

For CPC:

• Website: https://www.kzp.bg/bg/kontakti/
• tel: 0700 111 22
• email: info@kzp.bg
• Address: Sofia, 4A Slaveykov Sq., Floors 3, 4 and 6

For PDPC:

• Website: https://www.cpdp.bg/
• tel: +35929153518
• email: kzld@cpdp.bg
• Address: 1592 Sofia, 2 Prof. Tsvetan Lazarov Blvd.

The Users may use the European Online Dispute Resolution Platform (ODR), available at / http://ec.europa.eu/odr / – a single access portal that allows EU Users and Vendors to settle disputes between them.

Alternative dispute resolution (ADR) between Users and Vendors shall constitute an out-of-court good-faith reconciliation.

The General Conciliation Commissions shall assist in reaching an agreement between Users and Vendors in disputes regarding contracts for the sale of Goods and provision of Services.

The General Conciliation Commissions are appointed on a regional basis, and the General Conciliation Commission with in Varna with area of operation in the Varna District shall be the competent Commission to resolve any disputes between a Vendor and a User.

The consolidated list of recognised ADR bodies of the Member States of the European Union can be found at:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show