Terms and Conditions
Last updated and effective: February 26, 2021
These general terms and conditions govern the relationship between Webdesh Ltd., hereinafter referred to as “Merchant”, on the one hand, and Users of websites and services located on the website https://webdesh.com, hereinafter referred to as users, from another.
Webdesh Ltd. is a company registered under the Commercial Law of the Republic of Bulgaria with UIC 204986610, VAT ID BG204986610, address Sofia, zh.k. Banishora, block 27, ent. D, with address for correspondence: Sofia, p.k. 1164, 12 Midzhur Street, e-mail address [email protected], telephone +359884077638.
Please read the published General Terms and Conditions in full before using the information and commercial services offered on the Site (hereinafter referred to as the Services).
This document contains information about the activities of Webdesh Ltd. and the general conditions for using the services provided by Webdesh Ltd., regulating the relations between us and each of our users.
Confirmation of the General Terms and Conditions is a necessary and mandatory condition for concluding the contract between the User and the Merchant.
By accepting the General Terms and Conditions, the User agrees to have his personal data processed on the basis of the contract concluded between him and the Merchant.
For the purposes of these general terms and conditions, the following concepts should be understood as follows:
Website – webdesh.com and all its subpages.
Consumer – any natural person who acquires goods or uses services that are not intended for carrying out commercial or professional activity, and any natural person who, as a party to a contract under this law, acts outside his commercial or professional activity.
Personal data – information about an individual that reveals his physical, psychological, mental, family, economic, cultural or social identity.
Goods – movable tangible property, except for the items sold in case of compulsory execution or through other measures by bodies authorized by law, as well as items abandoned or confiscated in favor of the state, announced for sale by state bodies. Goods are also water, gas and electricity, when offered for sale, packaged in limited quantities or in certain quantities.
Contract of sale – a contract under which the trader transfers or undertakes to transfer ownership of goods to the consumer, and the consumer pays or undertakes to pay the price for them, including contracts having as their object both goods and services.
Service – any material or intellectual activity that is performed in an independent manner, is intended for another person and is not the main subject of transfer of possession of property.
Service contract – a contract, other than a contract of sale, under which the trader provides or undertakes to provide a service to the consumer, and the consumer pays or undertakes to pay the price for it.
Procedure for alternative resolution of consumer disputes – a procedure for out-of-court settlement of consumer disputes, meeting the requirements of this law and carried out by a body for alternative resolution of consumer disputes.
1. On the Site the Users have the opportunity to conclude contracts for service, purchase and sale and delivery of the goods and services offered by the Merchant.
2. Users use the interface of the website to enter into contracts with the Merchant for the goods and services offered.
2.1. The contract for purchase and sale of goods or services is considered concluded from the moment of confirmation of the order by the Merchant.
2.2. In the absence of availability of a product or inability to perform a service, the Merchant reserves the right to refuse the order.
2.3. After selecting one or more goods or services offered on the Merchant’s website, the User must add them to his list of goods or services for purchase.
2.4. It is necessary for the User to provide data for the delivery and to choose a method and time of payment of the price, after which to confirm the order through the interface of the site.
2.5. When placing an order, the User receives an e-mail confirmation that his order has been accepted.
3. The Merchant has the right to refuse to enter into a contract with an incorrect User.
3.1. The Merchant has the right to treat the User as incorrect in cases where:
- there is non-compliance by the User with the General Terms and Conditions;
- an incorrect, arrogant or rude attitude towards the representatives of the Merchant has been established;
- systematic abuses by the User against the Merchant have been established.
4. The prices of the offered goods or services are those indicated on the website of the Merchant at the time of placing an order, except in cases of obvious error.
4.1. The prices of goods and services include VAT, in cases where it is charged.
5. The Merchant reserves the right to change at any time and without notice the prices of goods and services offered on the site, and such changes will not affect orders already placed.
6. The Merchant may provide discounts for the goods and services offered on the site, according to the Bulgarian legislation and rules determined by the Merchant. The rules applicable to such discounts are available at the place where the discount is displayed. Discounts can be provided in various forms (eg. promotions, loyalty discounts and promo codes provided individually, randomly or as a result of participation in a competition/game/giveaway or customer survey).
6.1. Different types of discounts cannot be combined when ordering and purchasing the same product/service.
7. When the User returns a good or service with the right to a refund of the amount paid for any reason, the price subject to refund shall be reduced by the value of the discount received applied to the good or service and only the amount actually paid shall be refundable.
8. The user can pay the price of the ordered goods/services using one of the options listed on the website. Payment is possible on the Site by the following methods:
- bank transfer;
- by credit card, through Stripe.
9. If the User chooses the option of delivery by courier and cash on delivery, he 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 such third party.
11. The Merchant 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 Merchant.
12. The User has the right to withdraw from the contract without stating a reason, without paying compensation or penalty within 14 days from the date of acceptance of the goods by the User or a third party, and in the case of a service contract – from the conclusion of service contract.
13. In order to exercise his right under this clause, the User must unambiguously notify the Merchant of his decision to withdraw from the contract, individualizing the goods/services he wishes to return, by providing all details of the order and delivery, including but not only: content and value of the order, data of the person who made the order, data of the person who accepted the delivery, and date of delivery.
14. The Merchant published on its website a form of exercising the right of withdrawal.
15. In order to exercise the right of withdrawal, the Merchant provides the consumer with the option to fill in and send electronically via the website the standard withdrawal form or other unambiguous application. In these cases, the Merchant shall immediately send the consumer a confirmation of receipt of his refusal on a durable medium.
16. The User is obliged to return the goods at his own expense together with the receipt and invoice, if any, by handing them over to the Merchant or to an authorized person, within 14 days from the date on which the User has exercised his right of withdrawal from the contract.
17. Upon return, the goods must be in their original packaging, without traces of use or distortion of the commercial appearance.
18. The trader has the right to postpone the refund until the goods are returned or until proof is provided that the goods have been sent back, depending on which of the two events occurred earlier.
19. In case the User fails to fulfill his obligation to return the goods without notifying the Merchant of the delay and without providing a valid reason for the same, it is considered that he has withdrawn his statement to exercise withdrawal from the contract.
20. When in connection with the performance of the contract the Merchant has incurred costs and the User withdraws from the contract, the Merchant has the right to withhold the relevant amount for the incurred costs or to demand their payment.
21. The User has no right to withdraw from the contract if the subject of the same are:
- for the provision of services in which the service is fully provided and its performance has begun with the explicit prior consent of the user and confirmation by him that he knows that he will lose his right of withdrawal after the contract is fully performed by the trader.
- for the provision of digital content which is not delivered on physical media when the execution has started with the explicit consent of the user, who has confirmed that he knows that in this way he will lose his right of withdrawal.
22. The Merchant refunds to the User the price paid by him for the returned goods.
23. The User has the right to claim for any discrepancy of the goods or services with the agreed/ordered, when after delivery, discrepancies with the sales contract are found.
24. The Merchant is not responsible for color differences due to the natural differences in color reproduction from different monitor models.
25. The Merchant is not responsible for the difference in size up to 2 cm.
26. The Merchant is not responsible for the natural wear and tear of the goods.
27. Any non-conformity of the consumer goods with the contract of sale which 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-compliance.
28. The User may not contest the conformity of the consumer product with the contract for its sale when:
- at the time of concluding the contract he knew or could not have been unaware of the non-compliance;
- the non-compliance is due to materials provided by the User.
29. The User has the right to file a claim for the goods or services, regardless of whether the manufacturer or trader has provided a commercial guarantee for the goods or services.
30. When the satisfaction of the claim is made by replacing the goods with another, corresponding to the agreed, the Merchant will keep the consumer the original warranty conditions.
31. Upon filing a complaint, the consumer may claim a refund of the amount paid, to replace the goods with another, corresponding to the agreed or to deduct from the price.
32. The complaint shall be submitted orally on the telephone number indicated by the Merchant or in writing by the indicated e-mail, by mail or submitted to the address of the company. The merchant presents on his website access to a complaint form.
33. When filing a complaint, the user shall indicate the subject of the complaint, his preferred way of satisfying the complaint, respectively the amount of the claimed amount, and address, telephone and contact email.
34. When filing a complaint, the consumer must also enclose the documents on which the claim is based, namely:
- receipt or invoice;
- protocols, acts or other documents establishing the non-conformity of the goods or services with the agreed;
- other documents establishing the claim on the grounds and amount.
35. The complaint of a consumer good may be filed up to two years from the delivery of the good, but not later than two months from the establishment of the non-conformity with the agreed. The complaint of services can be submitted up to 14 days from the discovery of the non-compliance of the service with the agreed one.
36. The period shall cease to run during the time necessary to reach an agreement between the seller and the consumer for resolving the dispute.
37. If the Merchant has provided a commercial guarantee for the goods and the term of the guarantee is longer than the terms for filing the claim under para. 1, the claim may be filed until the expiration of the term of the commercial guarantee.
38. The filing of a complaint is not an obstacle for filing a claim.
39. The Merchant shall maintain a register of the filed claims. A document is sent to the User to the e-mail specified by him, in which the number of the claim from the register and the type of the goods are indicated.
40. When the Merchant satisfies the claim, issues an act for that, which is drawn up in two copies, and obligatorily provides one copy to the User.
41. In case of a justified claim, the Merchant shall bring the goods in compliance with the contract of sale within one month, as of the filing of the claim by the User.
41.1. If the goods are not repaired after the expiration of the term under the previous paragraph, the User has the right to cancel the contract and be reimbursed the amount paid or to request a reduction in the price of consumer goods under Art. 114 of the CPA.
41.2. Bringing the consumer goods in accordance with the sales contract is free of charge for the User. It does not owe costs for the shipment of consumer goods or for materials and labor related to its repair, and does not suffer significant inconveniences.
42. In case of non-compliance of the consumer goods with the contract of sale and when the User is not satisfied with the resolution of the complaint, he has the right to choose between one of the following options:
- cancellation of the contract and refund of the amount paid by him;
- price reduction.
43. The User may not claim a refund of the amount paid or a reduction in the price of the goods when the trader agrees to replace the consumer goods with a new one or to repair the goods within one month of the consumer’s complaint.
44. The Merchant is obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the consumer, when after satisfying three complaints of the consumer by repairing the same product, within the warranty period, there is another occurrence of non-compliance of the goods with the contract of sale.
45. The consumer may not claim for cancellation of the contract if the non-conformity of the consumer goods with the contract is insignificant.
46. The intellectual property rights over all materials and resources located on the Merchant’s website (including the available databases) are subject to protection under the Copyright and Related Rights Act, belong to the Merchant or to the respective designated person who has transferred the right of use. of the Merchant, and may not be used in violation of applicable law.
47. In case of copying or reproducing information beyond the permissible, as well as in case of any other violation of the intellectual property rights over the resources of the Merchant, the Merchant has the right to claim compensation for the suffered direct and indirect damages in full.
48. Except as expressly agreed, the User may not reproduce, modify, delete, publish, distribute and otherwise disclose the information resources published on the Merchant’s website.
49. The Merchant undertakes to take due care to ensure the possibility for the User for normal access to the provided services.
50. The Merchant reserves the right to suspend access to the services provided. The Merchant has the right, but not the obligation, at its discretion to delete information resources and materials published on its website.
51. The Merchant has the right at its discretion, without giving notice to terminate the contract unilaterally, if it finds that the services provided are used in violation of these general conditions, the legislation of the Republic of Bulgaria and generally accepted moral norms.
52. Except in the cases provided for in these General Terms and Conditions, the contract between the parties shall be terminated upon termination of the Merchant’s activity or termination of the maintenance of its website.
53. In addition to the above cases, either party may terminate this contract by giving one week’s notice to the other party in the event of failure to fulfill its obligations under the contract.
54. The written form of the contract is considered complied with by sending an e-mail, pressing an electronic button on a page with content that is filled in or selected by the User or marking in a field (check box) on the website, etc. similar in so far as the statement is technically recorded in a way that allows it to be reproduced.
55. The parties declare that in the event that any of the clauses of these General Terms and Conditions prove to be invalid, this will not invalidate the entire contract or other parts thereof. The invalid clause will be replaced by the mandatory norms of the law or the established practice.
56. The Merchant is obliged to notify the Users of any change in these general terms and conditions within 7 days of the occurrence of this circumstance at the email address specified by the User.
57. When he does not agree with the changes in the general conditions, the User has the right to withdraw from the contract without stating a reason and without paying compensation or penalty. In order to exercise this right, the User must notify the Merchant within one month of receiving the notice under the previous article.
58. In case the User does not exercise his right to withdraw from the contract in accordance with the procedure set forth in these general terms and conditions, the amendment shall be deemed accepted by the User without objections.
59. The provisions of the current legislation of the Republic of Bulgaria shall apply to all issues not settled by these General Terms and Conditions.