General conditions

 General conditions
 These general arrangements govern the relationship between Smartad EOOD and the persons using the site and the online store located at www.omnichannel.bg
 
Seller Details:
Smartad EOOD is a limited liability company within the meaning of the Commercial Code, with UIC: 201602129, VAT number: BG201602129
 address of management: city of Sofia, Ul. Popova shapka N: 47, Bulgaria, MRP: Shakir Ahmedov,
 
Accounts:

BGN:
DSK bank 
IBAN: BG08STSA93000024453840
BIC: STSABGSF

EUR:

DSK Bank

IBAN: BG34STSA93000024453857

BIC: STSABGSF 

Definitions:
"SITE" - means the website at www.omnichannel.bg
"ACCOUNT" - means an account registered at www.omnichannel.bg
"ONLINE SHOP" - means the virtual shop located at www.omnichannel.bg, providing the opportunity to buy goods over the internet;
"USER" means a person using the functionalities of the site;
"BUYER" means the person who makes a purchase of goods from the online store;
"USER" - means a consumer within the meaning of the Consumer Protection Act ("CPA");
"CONTRACT" - any contract concluded between Smartad EOOD and a customer for the purchase and sale of goods and / or services from the site as a result of a Client's order. These General Terms and Conditions are an integral part of this Agreement. Each individual order is a separate contract;
"PERSONAL DATA" - means personal data within the meaning of the Personal Data Protection Act and European Law ("LPDP");
"PAYMENT" - collection or refund of funds resulting from the sale of a product or service;
"EFFECTIVE PAYMENT" - means a charge against payment within the meaning of the Postal Services Act (PSA);
"NEWSLETTER, BROCHURE, MESSAGE" - information means concerning products and / or services of Smartad EOOD, without being bound by the information provided; 
"CONTENT" - all information on the site that can be viewed using an electronic device; the content of any information sent by the customer to the Seller and vice versa; product-related information, services, fees applied by third parties, with which Smartad EOOD has a partnership agreement in any form;
"FORCE CURRENT" is an unpredictable event beyond the control of the parties that can not be avoided; 
"GENERAL CONDITIONS" - means the present terms and conditions. By clicking on any link, button or application on the site, except the link to these terms and conditions, you explicitly and unconditionally agree to these terms and conditions for using the site and the online store.

Registration
The site can be viewed without registration. Registration is required only for the use of certain functionalities on the site and is absolutely voluntary and free of charge. In order to register, you must be at least 18 years old and fill out a registration form.
Upon successful completion of the registration, you will receive a username and an access password. With one email address, only one account can be registered. By creating an account, you declare that you are over 18 years of age.
In case you do not wish to register an account, you have the option to shop as a guest, and the data provided in this case is processed only for the purpose of executing the specific order and is not stored for your next orders.

General
The general terms and conditions of Smartart Ltd. bind all Clients, Buyers, Users of the platform.
The Terms of Service set out rules whereby the Customer may use the site and its content in the cases where no valid agreement exists between the site and the Seller.
Smartad EOOD reserves the right to update anad modify the Platform's Terms of Service periodically to reflect any changes to the way the Website operates and the conditions or any changes to the legal requirements. The document may be opposed to Customers, Users, Buyers from the time they are posted to the Platform. In the event of such a change, we will post to the Platform the amended version of the Document, which is why we ask you periodically to check the contents of this Document. Each transaction through the Platform is subject to the general terms and conditions that were in force at the time of the distance contract between the Buyer and the Seller.
Only goods that can be added to the shopping cart can be purchased from the online store. All information regarding the goods presented on the site, including but not limited to technical features, warranty conditions, manner of use, etc., is provided by the manufacturer, respectively the importer of the respective product, Smartad EOOD not bearing any responsibility in the case of incorrect, incorrect or incorrectly presented information, false information presented in a misleading way, discrepancy between the presentation and the actual situation, typographical errors.
Prices
All prices displayed on the site / online store are in Bulgarian Lev or Euro and are valid only at the time of their publication, and Smartart reserves the right, without notice, to change them at any time. The prices on online orders confirmed by Smartad EOOD are final and are not subject to change. The prices displayed on the site / online store are final and include all taxes and charges, with no processing or shipping price - listed separately if it is due.
Legal Guarantee, User Information, Alternative Dispute Resolution
All products presented on the site and / or sold in the online store have a legal guarantee of conformity of the goods with the contract of sale under Art. 112-115 of the CPA.

The commercial guarantee does not affect the rights of the consumers arising from the guarantee under Art. 112-115 of the CPA. Notwithstanding the commercial guarantee, the seller is responsible for the lack of conformity of the consumer goods with the contract of sale under the guarantee under Art. 112-115 of the CPA.
Consumer rights information resulting from the legal guarantee under Art. 112-115 of the CPA.

Alternative Dispute Resolution Authority within the meaning of Art. 181n, para. 4 of the CPA are the Conciliation Commissions to the Consumer Protection Commission. 
The present General Terms and Conditions are in compliance with the requirements of the Consumer Protection Act (APPS) https://kzp.bg/, as well as with the other normative acts in force in the Republic of Bulgaria. On 09.01.2016, the Electronic Consumer Dispute Resolution Online Platform (ODR platform) is launched - its address is http://ec.europa.eu/consumers/odr/.
What is stated in this section refers to consumers within the meaning of §13, paragraph 1, point 1 of the Supplementary Provisions of the CPA.

Orders
The customer can order the site by adding the goods and services offered in the shopping cart by following the instructions and steps on the site to complete and send the order.
By completing your order, the Customer agrees that all the information required during the purchase process is true and complete at the time of the order.
Unfinished orders do not result in an order being placed.

Goods and services are available within stock and can be confirmed or declined depending on availability.
The availability of each product is indicated by a legend of customer convenience. Smartad EOOD reserves the right to be informed by phone or e-mail at the moment of order processing.

Smartad EOOD is not responsible for meeting delivery times for products that are marked as deliveries only by order or delivery for a specified period and are not available in the warehouse of the company. Central stock availability information refers to your head office.
Up to the moment of delivery, Seller may refuse to execute a partially and / or wholly executed order when the delivery proves impossible for objective reasons or due to legal defects in the contract, by informing the customer in advance. In such cases, the supplier is required to refund the amounts paid by the customer, if any, without incurring any additional costs to the customer, after which the contract is deemed terminated and the parties to it have no other obligations towards each other.
By sending the order, the customer entitles the Seller to contact him in any possible way when this is necessary in connection with the order made.
If a change in the delivery terms or in the content of an order or under other terms of the contract is necessary, an employee of Smartad EOOD shall contact the customer by telephone or e-mail to inform him. In this case, the client has the right to withdraw from the contract or to confirm the order. In either case, the seller is not liable for damages other than liability for the return of the amounts paid.
Outside of the above hypothesis, the customer may refuse an order until the delivery of the goods. This can be done through the personal account from the moment of registration of the order until the start of its execution and / or by phone: 070070011 or by e-mail: info@omnichannel.bg. In such cases, the Seller shall refund the totally paid amounts, if any, in the same manner as the payment, without any cost to the customer. Customer is not responsible for damages and lost profits and the contract is considered to be spoiled.

Payment
The price of a product ordered by the online store can be paid via bank transfer.
In some cases, one of the listed methods may not be applicable. The payments can be made in Bulgarian leva or EUR. When paying by bank transfer, the entire amount due on the invoice must be paid within 5 business days after issuing the invoice. Otherwise, the order will be automatically canceled.
With the acceptance of these terms and conditions, the buyer expressly and unconditionally agrees to pay Smartad EOOD in full, in full, the sale price of each item ordered. When using "Coupon", the buyer handed over to the courier the entire amount due (including the price of the goods and the processing and delivery price) indicated in the invoice / cash receipt and authorizes the courier to hand over the same to Smartad EOOD on his behalf and at his expense.
In the case of a cash-on-delivery payment, the buyer receives from the courier an invoice and / or a cash receipt indicating the entire amount due, including the price of the goods and the processing and delivery price. The buyer shall deliver to the courier the entire amount due and the payment shall be indicated in the document certifying the delivery of the goods, which shall also serve as a receipt; the payment shall be indicated in the document certifying the delivery of the goods and the receipt shall also serve as a receipt.
In case of payment by bank transfer or bank card you may be charged bank charges and / or commissions determined unilaterally by the respective bank or financial institution!
Pursuant to Art.113, para 4 of the VAT Act the issuance of an invoice or an adjustment on a previously issued invoice is made within 5 (five) calendar days from the date of purchase. Upon expiration of this period, Smartad EOOD does not have any commitments to issue an invoice or an adjustment on an already issued invoice!

Sales contract
The distance sales contract for goods and / or services is considered to be concluded from the moment the Seller accepts the order sent by the Customer. For acceptance of the order, the Client shall give one week from sending it. If, within this period, the customer does not receive a confirmation, it is deemed to have been refused or not received, and the contract has not been concluded. In all cases where the Seller has issued a receipt and / or invoice or has received payment by bank transfer, the contract is deemed to be concluded.
The seller notifies the customer by phone or email for order registration.
In all cases where the order is registered and the customer has received a confirmation of this, the customer owes the payment in full, negotiated for each individual order - in full, in advance, partially in advance with payment of the balance upon receipt or wholly upon receipt of the goods; / or service.
All the goods and services in the site's catalog have a specific status. For goods / services with a status other than "available in stock", the seller reserves the right, in the event of impossibility to deliver or import on request, to give up partially or fully the contract, in which case he owes only a refund of the sums received, client.
When the stock of a particular item proves to be insufficient to fulfill all the received orders, the rule above applies.
The information provided by the customer, as well as these general terms and conditions, are an integral part of the contract at a distance.

IInternet sales policy
 
Access to the site to register an account and create an order is allowed to any client. The Client is responsible for the accuracy of the information provided and for its compliance with the special requirements of the law in connection with the conclusion of civil contracts.
 
Smartad Ltd. may restrict access to orders, goods, services, payment methods and others to any customer, at its sole discretion without prior notice or notice. Smartad EOOD is not responsible for any damages the client may suffer or may suffer as a result of this decision.
 
Each client can have only one account on the site. A single account is not allowed to be shared between multiple clients, with the responsibility for all damages resulting from such sharing.
 
All site prices are in BGN (BGN), VAT included. If a price is quoted in EURO, it is explicitly mentioned that VAT is not included.
 
The price of the product does not include the shipping cost and the payment fees due. In any case, prior to the completion of the order, Smartad EOOD will indicate on the site the value of the additional costs that the client must pay.
 
After purchasing a product or service, Smartart Ltd. may request an email from the customer for a review of the product or service purchased.
 
Website prices scratched by a line indicate the old price of the item in the store. These prices are informative and are not relevant to the price actually paid.
 
When presenting goods and services, Smartart Ltd. reserves the right to use other products (accessories and other) that may not be included in the price of the product. In such cases, the product description shall include the products included in the set and any product not included in the same description shall be deemed not to have been included in the set accordingly.
 
Smartad Ltd. reserves the right to change the prices of goods and services at any time without prior notice to customers.
 
The price of the products and services is that stated at the time of ordering within the stock and / or during the promotional period, if any. Any changes in the prices that occurred after the acceptance of the order do not apply to it.
 
Smartad Ltd. does not guarantee the availability of any product and / or service that can be purchased from the site before confirming the same to the customer in writing or by telephone that the order has been executed and submitted for delivery.
 
Smartad EOOD may, at its discretion, issue discount codes. The value, scope and period of validity are unilaterally determined by Smartad EOOD.
 
Delivery
 
 
Delivery of goods ordered from the online store is made only to addresses on the territory of the Republic of Bulgaria. The goods are received only after signing the document by the buyer, certifying the acceptance. Delivery times for goods ordered through the online store are as follows:
 
1. For goods ordered up to 14 hours Bulgarian time - 24 hours, starting from the day following the day on which the order is confirmed.
 
2. For goods ordered after 14 hours Bulgarian time - 48 hours from the day following the day on which the order is confirmed.
 
 
 
Smartad EOOD reserves the right unilaterally, without the need to inform the buyer, to extend the stated terms by up to 12 days. The goods are delivered as standard - by hand against signature, for larger shipments (determined at the discretion of the person making the delivery) the delivery is made until the entrance to the building. If it is impossible or difficult to serve personally to the consignee, the consignments are served as follows:
 
1. For business address - to the person with the place of work of the address, indicating the name and position / department of the person who received the consignment.
 
2. For home address - to a member of the household, indicating the name of the person who received the shipment and its relationship with the recipient.
 
In case it is not possible to return the shipment on the first visit, it is not the fault of Smartad EOOD / courier (in case there is no one at the address, etc.), the person making the delivery leaves a notice indicating the telephone number to which the recipient should called within three business days to specify a new delivery time. If it is impossible to return the shipment and on the second visit, it is not the fault of Smartad EOOD / courier, the distance sale contract is automatically terminated, in which case, as a sanction for its failure on the part of the buyer, Smartad EOOD retains all paid by the buyer. amount. The foregoing sentence also applies to cases where the consignee unreasonably refuses to accept a consignment. Smartad Ltd. / Courier shall not be liable for failure to fulfill an order in cases where the buyer has provided incorrect, incomplete and / or inaccurate personal data, including when he has provided an incomplete, incorrect or fictitious address.
 
 
Deliveries are made from Monday to Friday between 09.00 and 18.00, excluding holidays. There may be an exception for settlements with a special service schedule.
 
 
Upon delivery by courier of Econt Express on the day of delivery the customer receives an SMS from the courier that he has a shipment to receive. If the customer is not found on the agreed day and place and there is no other person to accept the shipment for him, the courier leaves the sticker that he has visited the address and contact details. The consignment returns to the courier's office upon request. If the Client does not contact the Seller or the courier company the next day, the order is considered canceled.
 
 
The customer has the opportunity to open and review the contents of the shipment before paying to the courier.
 
 
Smartad Ltd. or a representative of the courier company shall notify the customer by telephone or email if unforeseen circumstances prevent the timely delivery.
 
 
All goods are insured by the time of receipt and arrive with a guarantee, a receipt (or invoice, if any) or a guarantee and electronic invoice in your account at www.shop.omnichannel.bg. If the product has a warranty issued directly by the manufacturer, you will find it in the product box or glued to the outside of the carton. In the case of a cash on delivery postage payment, the courier company issues a postal receipt, which is a legally recognized document replacing the receipt.
 
 
The Client agrees that the certification of the goods received may be made by a person, for whom, in the circumstances, it may be inferred that he will pass on the information to the client - party to the contract
 
Review of goods and claims
 
 
The Customer must inspect the goods at the time of delivery and delivery by the Seller or the courier and in case of any inconsistencies with the order, notify the Seller immediately. Failure to do so shall be deemed approved, with the buyer losing the right to claim later that his goods have been delivered with obvious defects, the lack of any of the accessories and / or any required by Bulgarian law. documents.
 
 
The risk of loss or damage to the purchased goods passes to the customer at the moment when the client or a third party designated by him, other than the company selected by Smartad EOOD, accepts the goods.
 
 
 
Transfer of ownership
 
 
The ownership of the goods is transferred with the delivery of the goods to the customer after the payment is made by him. The delivery of the goods shall be certified by the customer's signature of the transport document provided by the courier.
 
 
Waiver of a distance contract
 
Pursuant to Art. 50 of the PPA the consumer has the right to withdraw from the contract from a distance without giving a reason, without owing compensation or penalty and without paying any costs (except for the expenses provided for in Article 54, Paragraph 3 and Art. 55 of the CPA) within 14 days from the date of acceptance of the goods by the consumer or by a third party other than the carrier and specified by the consumer, or when the consumer has ordered many goods with one order, which are delivered separately - considered from the date on which the consumer or a third party other than the carrier and specified by the consumer, accept the last good.
 
 
The right of withdrawal can only be exercised if the consumer has presented to Smartart EOOD the goods in their original packaging in a commercially available form, all the accessories, accessories, documents and the original receipt / invoice for purchase. In the case of exercising the right to withdraw from a distance contract, the consumer must send or hand over the goods back to Smartad EOOD no later than 14 days from the date on which the consumer notified Smartart EOOD of his decision to withdraw from the contract. . Until the delivery of the product to Smartad EOOD, the risk of accidental loss or damage is borne entirely by the consumer.
 
 
Guarantees
 
The goods offered by Smartad EOOD are warranted to comply with the applicable legislation and the warranty policy of the respective manufacturer and / or distributor for those customers who are Consumers within the meaning of the Consumer Protection Act.
 
In addition to the conformity guarantee referred to in the preceding provision, the goods may also have an additional Commercial Guarantee. In such cases, information about it is contained in the product description on the site and in the Warranty Card accompanying the product, which also contains the exact Guarantee Terms.
 
The existence of such a Commercial Guarantee does not limit the statutory guarantee for the conformity of the purchased goods with the contract of sale within the meaning of the Consumer Protection Act. Regardless of the commercial guarantee, the seller is responsible for the lack of conformity of the consumer goods with the contract of sale according to the guarantee under Articles 121-115 of the LPP.
 
The warranty period for the goods starts from the date of sale.
 
Warranty cards are issued directly by the manufacturer.
 
Goods that have a warranty card issued by the manufacturer are serviced by their own service networks during the warranty period. The service networks authorized by the manufacturer assume full warranty under the conditions specified by them. The contacts, addresses and telephone numbers of these workshops are indicated on the original warranty card. In the event of a defect occurring during the warranty period, the customer shall contact the service of the phones specified in the warranty card. The details of the warranty claims are determined by the manufacturer and his service policy.
 
The warranty period of the goods is extended with the time of their stay in the workshop. This time interval is counted from the moment of service to the delivery of the goods to the consumer.
 
In all cases, the warranty period is up to 30 days.
 
In case the customer receives the goods without a guarantee card, a purchase document or other problem, he is obliged to signal to the telephone 070070011 or to the e-mail address: info@omnichannel.bg within 48 hours of receipt of the goods. In case the Client does not inform Smartad EOOD about the absence of the warranty card or other documents within this period, such will be considered as provided by the Seller.
 
The Client is obliged to regularly update the data in his account and to review it before each order, because the Seller will use it when filling in and issuing the warranty cards and other documents. The seller will not reissue warranty cards issued based on incorrect or old data that the customer has not updated, which will void the warranty for the relevant goods.
 
 
Intellectual Property
 
All content, including, but not limited to, images, design, software, databases, information, and any other content posted on the site is the property of Smartad Ltd. or third parties, in which case Smartad Ltd. is authorized.
 
All trademarks cited on the site belong to their respective owners.
 
All content to which the client accesses is protected by law, unless accompanied by a written consent for use between Smartad Ltd. and the client or a third party.
 
The distance agreement does not authorize the client to copy, distribute, publish, make available to third parties, modify in any way any part of the content of the site, except with the express consent of Smartad EOOD.
 
 
Privacy and personal data
 
The Client agrees that by providing their personal data to the Seller, the same may be used for any lawful purpose without the Seller having to ask the Client for their consent to be processed in each case.
 
 
Smartad EOOD may, without the consent of the customer, collect other information such as, but not limited to, IP address, operating system, visit time, location from which the site is accessible, name and version of the web browser, and other data provided by the web- the browser used to access the site.
 
 
The Client may refuse to collect personal information and request its deletion, thereby withdrawing its consent from the General Terms and Conditions, without further obligation from either party to the other and / or without any party being responsible for any and damage to the other. The exercise of this right is made in writing through the means of contacting the Seller.
 
 
By providing personal information to the Seller such as, but not limited to, email, telephone, the Client agrees to contact the Seller as well as third parties who are partners of Smartad EOOD.
 
 
The Client is responsible for maintaining the confidentiality of his / her password and account and is responsible for all actions performed through his / her account.
 
Smartad EOOD collects, processes and stores personal data of individuals, in compliance with the regulatory requirements of Regulation (EU) 2016/679 of the EU and of the Council and of the Law on protection of personal data in connection with the activities performed by the company. One part of this personal data is collected in connection with the fulfillment of legal requirements to Smartad EOOD, the other part based on the needs for the execution of the contracts concluded with the clients, and the third based on the explicit consent of the subjects of this data for marketing purposes and analysis. More detailed information regarding the protection and use of personal data can be found in the Privacy Policy and in the Smart Data Privacy Policy, which are an integral part of these General Terms and Conditions.
 
 
According to the Law on Personal Data Protection, the user has the right to access his own personal data which he has entered, as well as to the correction of such Personal data.
 
 
The personal data of the client may be provided to the relevant public authorities, on the grounds and within the framework of the law, and upon their explicit request.
 
 
Cookies
 
Cookies or cookies are small files of information that are stored on your web browser or hard drive when you visit the site. Cookies allow us to improve our site so that it contains the most useful information for you. You can set your browser to not save cookies or delete previously stored cookies. If you want to take advantage of these features you should use the settings of your web browser.
 
We are not responsible if your web browser does not support the features to control usage, refusal to save or delete stored cookies. If you disable cookies or delete them already stored, they may disrupt the functioning of the site.
 
 
Responsibility
 
The Seller shall not be liable for any damages caused by the Client or by third parties as a result of force majeure or those which are beyond the control of the Seller.
 
 
Smartad Ltd. is not responsible for the actions of any person who uses the content of the site.
 
 
Smartad EOOD shall not be liable for any damages, direct, indirect, incidental or other, resulting from the use or inability to use the site or for any errors or omissions in the content that may lead to damages.
 
 
Smartad EOOD does not guarantee to the customer the availability of any product, access to the site, account, content, products and services and shall not be liable for any damages resulting from this from the client or from third parties.
 
 
Smartad EOOD does not offer any guarantee that the goods and services will meet the client's requirements or expectations.
 
 
Under no circumstances shall Smartad EOOD be liable for any damages, including, but not limited to, lost profits, loss of information, interruption of activities arising from use, inability to use, or the results of use of the site.
 
 
In all other cases, the seller's liability is limited to the value of the goods ordered and paid for by the customer.
 
 
Advertising messages
 
By creating an account, the client agrees to receive brochures, notices, newsletters and other special offers from Smartart Ltd. by default
 
The Client may at any time refuse to receive the special offers, brochures and notices: by using the special link contained in each special offer; by using a special part in your account; by calling the Seller's contacts; in writing by email.
 
By accepting these terms, the client agrees to receive by default the calls, messages and short text messages, provided with or without human intervention, which are necessary for the execution of the concluded contract.
 
The Client may at any time opt out of receiving messages and short text messages by calling the Seller's contacts or by email.
 
Smartad Ltd. reserves the right to remove individual Client contacts from its database without any further commitments and without further notice.
 
Smartad Ltd. does not distribute unsolicited commercial communications within the meaning of the Electronic Commerce Act. Refusal to receive special offers and notices does not constitute a waiver of this Agreement.
 
 
Force majeure
 
The parties are not responsible for failure to fulfill their contractual obligations if it is due to force majeure.
 
If, within 14 days of the occurrence of force majeure, it cannot be overcome, either party has the right to ask the other to terminate the contract without either party being held liable for damages.
 
 
 
Others
 
Smartad EOOD is committed to providing only the services presented on the site as they are presented. All information provided on the site, including but not limited to design, stock, prices and location of the goods is valid only at the time of its presentation, and Smartad EOOD reserves the right at any time to change it without notice. It is the responsibility of the user to check the terms of use of the site, as well as the information provided on prices, availability, etc. in order to be informed in a timely manner in case of any changes in the site. In any case, the change shall be effective in the future and shall not affect any confirmed by Smartad EOOD prior to ordering. In case further approval is required from us, it should be given; otherwise, regardless of the order confirmation, the order will be considered invalid.
 
Smartad Ltd. is not responsible for the content and safety of the sites to which the links published on this site refer. Clicking on such links and using the sites to which the links refer is entirely at your own risk and responsibility. Where necessary, users of the site are obliged to provide correctly and fully the data they require.
 
For incorrect users, access to the site and online store resources will be blocked. User accounts that violate the terms of use of the site and online store, as well as user accounts that use them improperly, will be deleted.
 
For the issues not settled in these General Terms and Conditions, the provisions of the legislation in force in the Republic of Bulgaria shall apply. All disputes concerning the interpretation and fulfillment of these General Terms and Conditions and on the interpretation and execution of distance sales contracts for goods ordered from an online store will be settled by agreement, and in the event of failure to do so, the dispute will be referred to the competent court for resolution. : on consumer claims - according to Art. 113 of the Civil Procedure Code, and in other cases, if the jurisdiction is not stated imperatively - before the competent court in Sofia, in accordance with the rules of tribal jurisdiction under the Civil Procedure Code, namely the Sofia District Court or the Sofia City Court.