I. SUBJECT
Art. 1. These terms and conditions are intended to regulate the relations between “Helmed Bulgaria” EOOD, hereinafter referred to as the SUPPLIER, and the clients, hereinafter referred to as USERS, CLIENTS or CONSUMERS of the online store www.helmed.bg, hereinafter referred to as the “ONLINE STORE”.
II. SUPPLIER DETAILS
Art. 2. Information pursuant to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: “Helmed Bulgaria” EOOD
2. Registered office and management address: Bulgaria, 1309 Sofia, Tsar Simeon St., Bl. 20
3. Address where the activity is carried out: Bulgaria, 1309 Sofia, Todor Alexandrov Blvd. 179, Bl. 79, Ground floor
4. Correspondence address: Bulgaria, 1309 Sofia, Todor Alexandrov Blvd. 179, Bl. 79, Ground floor
5. Entry in public registers: UIC 130477290
6. Personal data controller registration number: 280292
7. Supervisory authorities:
(1) Commission for Personal Data Protection
Address: Sofia 1592, “Prof. Tsvetan Lazarov” Blvd. No. 2,
Tel.: (02) 940 20 46
Fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Consumer Protection Commission
Address: 1000 Sofia, “Slaveykov” Sq. No. 4A, 3rd, 4th and 6th floor,
Tel.: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg
8. VAT registration number: BG130477290 under the Value Added Tax Act.
III. CHARACTERISTICS OF THE ONLINE STORE
Art. 3. The online store is accessible at the Internet address https://www.helmed.bg, through which Users can enter into contracts for the purchase and sale and delivery of the goods offered by the ONLINE STORE, including the following:
- To register and create a profile for browsing the ONLINE STORE and using additional services for the provision of information;
- To make electronic statements in connection with the conclusion or performance of contracts with the ONLINE STORE via the interface of the ONLINE STORE page accessible on the Internet;
- To conclude contracts for the purchase and sale and delivery of the goods offered by the ONLINE STORE;
- To make any payments in connection with the concluded contracts with the ONLINE STORE, according to the payment methods supported by the ONLINE STORE:
- Cash on delivery (Bulgaria only)
- Bank transfer
- Card payment via BORICA 3DS (BORICA AD)
- In the event of a failed payment using the “Card payment” method, the order is rejected or, with the Client’s consent, the payment method is changed to “Cash on delivery” – a service for which an additional fee is charged according to the conditions and tariffs of the courier companies.
- Pay by Bank (Open Banking / Pay by Bank).
- In the event of a failed payment using the “Pay by Bank” (Open Banking / Pay by Bank) method, the order is rejected or, with the Client’s consent, the payment method is changed to “Cash on delivery” – a service for which an additional fee is charged according to the conditions and tariffs of the courier companies.
- Payment method provided by Iris Solutions OOD, UIC 204997709. Licensed payment institution by decision of the BNB No. 316 of 17.09.2019 for the provision of services under Art. 4, items 7 and 8 of the Payment Services and Payment Systems Act – payment initiation and account information services.
- To receive information about new goods offered by the ONLINE STORE;
- To view the goods, their characteristics, prices and delivery conditions;
- To be informed about their rights arising from the law, mainly through the interface of the ONLINE STORE page on the Internet;
- To exercise the right to withdraw from a distance contract for the goods offered by the Supplier, where the right of withdrawal is applicable;
Art. 4. The Supplier delivers the goods and guarantees the rights of the Users provided by law, in good faith, according to established practices and the criteria and conditions of consumer or commercial law.
Art. 5. (1) Users conclude a contract for the purchase and sale of the goods offered by the ONLINE STORE via the Supplier’s interface, accessible on its webpage on the Internet or via another means of distance communication.
(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier undertakes to deliver and transfer ownership of the goods specified by the User through the interface.
(3) Users pay the Supplier remuneration for the delivered goods under the conditions set out in the ONLINE STORE and these general terms and conditions. The remuneration is in the amount of the price announced by the Supplier at the address of the ONLINE STORE on the Internet.
(4) The Supplier delivers the goods ordered by the Users within the time limits and under the conditions specified by the Supplier on the online store page and in accordance with these general terms and conditions. (5) The delivery price is determined separately and explicitly from the price of the goods.
Art. 6. (1) The User and the Supplier agree that all statements between them in connection with the conclusion and performance of the purchase and sale contract may be made electronically and by electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is presumed that the electronic statements made by Users on the website are made by the persons indicated in the data provided by the User upon registration, if the User has entered the respective username and password for access.
IV. USE OF THE ONLINE STORE
Art. 7. (1) In order to use the ONLINE STORE for concluding contracts for the purchase and sale of goods, the User must enter a username and password for remote access, in cases where the online store requires registration.
(2) The username and password for remote access are determined by the User via electronic registration on the Supplier’s website.
(3) By filling in their data and clicking the “ORDER”, “Register” or “REQUEST REGISTRATION” buttons, the User declares that they are familiar with these general terms and conditions, agree with their content and undertake to comply with them unconditionally.
(4) The Supplier confirms the registration made by the User by sending a letter to the email address indicated by the User, to which information for activation of the registration is also sent. The User confirms the registration and conclusion of the contract via an electronic link in the letter by which they are notified of the registration, sent by the Supplier. After confirmation, a User account is created and contractual relations arise between the User and the Supplier.
(5) When registering, the User undertakes to provide correct and up-to-date data. The User promptly updates the data specified in their registration in case of any change.
(6) In order to use the full functionality of the Supplier’s online store, the User undertakes to register on the online store website. The Supplier is not liable in case where, due to lack of registration, the User has not been able to use the full functionality of the online store, including with regard to exercising rights under the contract, the possibility of claiming a lower price and other similar functions.
(7) These general terms and conditions may be accepted by Users even without registration in the ONLINE STORE, by explicit statement including through the ONLINE STORE website.
Art. 8. (1) The email address provided during the User’s initial registration, as well as any subsequent email address used for the exchange of statements between the User and the Supplier, is the “Primary email address” within the meaning of these general terms and conditions. The User has the right to change their Primary contact email address.
(2) Upon receipt of a request to change the Primary contact email address, the Supplier sends a request for confirmation of the change. The request for confirmation is sent by the Supplier to the new Primary contact email address indicated by the User.
(3) The change of the Primary contact email address is carried out after confirmation by the User, expressed via a link contained in the confirmation request sent by the Supplier to the new Primary contact email address indicated by the User.
(4) The Supplier informs the User of the change made via email sent to the Primary contact email address indicated by the User before its change under para. 2.
(5) The Supplier is not liable to the User for unauthorised change of the Primary contact email address.
(6) The Supplier may require the User to use the Primary contact email address in specific cases.
V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AND SALE CONTRACT
Art. 9. (1) Users mainly use the interface of the Supplier’s page to conclude contracts for the purchase and sale of the goods offered by the Supplier in the ONLINE STORE. (2) The contract is concluded in Bulgarian language.
(3) The contract between the Supplier and the User represents these general terms and conditions, accessible on the ONLINE STORE website.
(4) A party to the contract with the Supplier is the User according to the data provided at registration and contained in the User’s personal profile. For the avoidance of doubt, these are the data with which an account is created with the Supplier.
(5) The Supplier includes in the interface of its Internet page technical means for detecting and correcting errors in the input of information before the statement for conclusion of the contract is made.
(6) This contract is considered concluded from the moment of the User’s registration with the Supplier or acceptance of the general terms in another explicit way, including via a statement on the Supplier’s website. The contract for the purchase and sale of goods is considered concluded from the moment of ordering them by the User via the Supplier’s interface.
(7) For the conclusion of this contract and the contract for the purchase and sale of goods, the Supplier explicitly notifies the User in an appropriate manner by electronic means. (8) The statement for conclusion of the contract and the confirmation of its receipt are deemed received when their addressees have access to them.
(9) The Supplier delivers the goods to the address indicated by the Users and is not liable if the data provided by the Users is incorrect or misleading.
Art. 10. (1) Users conclude the contract for the purchase and sale with the Supplier according to the following procedure:
- Registration in the ONLINE STORE and provision of the necessary data if the User does not already have a registration, or ordering goods without registration;
- Logging into the system for placing orders in the ONLINE STORE by identifying with username and password or another method of identification;
- Selecting one or more of the goods offered in the ONLINE STORE and adding them to a list of goods for purchase;
- Providing data for the delivery;
- Selecting a method and time of payment of the price;
- Order confirmation;
(2) Users may also conclude the contract for the purchase and sale with the Supplier without registration, by using the relevant functionality in the online store interface.
VI. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The rules of this Section VI of these general terms and conditions apply to Users for whom, on the basis of the data provided for the conclusion of the purchase and sale contract or upon registration in the ONLINE STORE, it can be inferred that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011.
Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each good on the ONLINE STORE website.
(2) The price of the goods including all taxes is determined by the Supplier in the profile of each good on the ONLINE STORE website.
(3) The amount of postal and transport costs not included in the price of the goods is determined by the Supplier and is provided to the Users as information at one of the following moments before the conclusion of the contract:
- In the profile of each good on the Supplier’s ONLINE STORE website;
- When selecting the goods for concluding a purchase and sale contract;
(4) The method of payment, delivery and performance of the contract is defined in these general terms and conditions and in the information provided to the User on the Supplier’s website.
(5) The information provided to Users under this Article is current at the time of its visualisation on the Supplier’s website before the conclusion of the purchase and sale contract.
(6) The Supplier shall mandatorily indicate the delivery conditions for the individual goods on its website.
(7) The Supplier shall indicate before the conclusion of the contract the total value of the order for all goods contained therein.
(8) Users agree that all information required by the Consumer Protection Act may be provided via the ONLINE STORE platform interface or by email.
Art. 13. (1) The Consumer agrees that the Supplier has the right to receive advance payment for the contracts for purchase and sale of goods and their delivery concluded with the Consumer. (2) The Consumer independently chooses whether to pay the Supplier the delivery price of the goods before or at the moment of their delivery.
Art. 14. (1) The Consumer has the right, without owing compensation or penalty and without giving any reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by using the standard withdrawal form available on the Supplier’s website. Information on exercising the right of withdrawal is available on the Supplier’s website. Consumers may also use any other unambiguous statement that can be recorded on a durable medium.
(2) The right of withdrawal under para. 1 does not apply in the following cases:
1. for the delivery of goods made to the Consumer’s specifications or clearly personalised;
2. for the delivery of goods which by their nature may deteriorate or have a short shelf life;
3. for the delivery of sealed goods which were unsealed after delivery and cannot be returned for reasons of health protection or hygiene;
4. for the delivery of goods which, after delivery, and by their nature, are inseparably mixed with other items;
5. for the delivery of sealed audio or video recordings or sealed computer software which were unsealed after delivery;
6. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for such publications;
(3) Where the Supplier has not fulfilled its obligations to provide information as specified in the Consumer Protection Act, the Consumer has the right to withdraw from the concluded contract within one year and 14 days from the date of receipt of the goods. When the information is provided to the Consumer within the withdrawal period, the period shall begin to run from the date on which the information is provided. The Consumer has the right to send the withdrawal statement under this Article directly to the Supplier via the standard withdrawal form available on the Supplier’s website.
(4) Where the Consumer has exercised the right to withdraw from a distance contract or an off-premises contract, the Supplier shall reimburse all amounts received from the Consumer, including delivery costs, without undue delay and no later than 14 days from the date on which it was informed of the Consumer’s decision to withdraw from the contract. The Supplier shall refund the amounts using the same means of payment used by the Consumer in the initial transaction, unless the Consumer has expressly agreed to the use of another means of payment and provided that this does not incur costs for the Consumer.
(5) When exercising the right of withdrawal, the costs of returning the delivered goods shall be borne by the Consumer and shall be deducted from the amount paid by the Consumer under the contract. The Supplier is not obliged to reimburse additional delivery costs where the Consumer has expressly chosen a type of delivery other than the least expensive type of standard delivery offered by the Supplier.
(6) The Consumer undertakes to store the goods received from the Supplier and ensure the preservation of their quality and safety during the period under para. 1.
(7) The Consumer may exercise their right to withdraw from the contract with the Supplier by sending a written statement to the Supplier using the standard withdrawal form available on the ONLINE STORE website.
(8) Where the Supplier has not offered to collect the goods itself, it may withhold reimbursement of the sums to the Consumer until it has received the goods back or until the Consumer has provided evidence that they have sent back the goods, whichever occurs earlier.
Art. 15. (1) The delivery period for the goods and the starting date from which it runs are specified for each good individually when concluding the contract with the Consumer through the Supplier’s website, unless the goods are ordered in a single delivery.
(2) If the Consumer and the Supplier have not set a delivery deadline, the delivery period for the goods is up to 30 business days from the day following the day on which the Consumer sent the order to the Supplier via the online store website.
(3) If the Supplier cannot perform the contract because it does not have the ordered goods, it is obliged to notify the Consumer and refund the amounts paid by the Consumer.
Art. 16. (1) The Supplier delivers the goods to the Consumer after verifying compliance with the information requirements towards the Consumer under the Consumer Protection Act.
(2) The Consumer and the Supplier certify the circumstances under para. 1 in writing at the time of delivery by handwritten signature, unless otherwise agreed.
(3) The Consumer and the Supplier agree that the requirements under para. 1 shall be deemed met if the certification is carried out by a person from whom, given the circumstances, it can reasonably be assumed that they will transmit the information to the Consumer – party to the contract.
VII. OTHER CONDITIONS
Art. 17. The Supplier delivers and hands over the goods to the User within the period specified when the contract was concluded.
Art. 18. The User must inspect the goods at the time of their delivery and handover by the Supplier and if they do not conform to the requirements, must notify the Supplier immediately.
VIII. PERSONAL DATA PROTECTION
Art. 19. (1) The Supplier takes measures to protect the User’s personal data in accordance with the Personal Data Protection Act.
(2) For security reasons related to the personal data of Users, the Supplier will only send the data to an email address that has been specified by the Users at the time of registration.
(3) The Supplier adopts and publishes on its website a Privacy Policy.
(4) Users agree that the Supplier has the right to process their personal data that are necessary for fulfilling the orders in the online store and for the performance of the contract.
Art. 20. (1) At any time, the Supplier has the right to require the User to identify themselves and to verify the authenticity of any of the circumstances and personal data announced at registration.
(2) If, for any reason, the User has forgotten or lost their username and password, the Supplier has the right to apply the announced procedure for lost or forgotten usernames and passwords.
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 21. (1) These general terms and conditions may be amended by the Supplier, which will notify all registered Users in an appropriate manner.
(2) The Supplier and the User agree that any supplement and amendment to these general terms and conditions shall have effect on the User after the User has been expressly notified by the Supplier and if the User does not state within the provided 30-day period that they reject them.
(3) The User agrees that all statements by the Supplier in connection with amendments to these general terms and conditions will be sent to the email address specified by the User at registration. The User agrees that emails sent pursuant to this Article do not need to be signed with an electronic signature to have effect with respect to them.
Art. 22. The Supplier publishes these general terms and conditions on its website together with all supplements and amendments thereto.
X. TERMINATION
Art. 23. These general terms and conditions and the User’s contract with the Supplier shall be terminated in the following cases:
upon termination and commencement of liquidation or declaration of insolvency of either party to the contract;
by mutual consent of the parties in writing;
unilaterally, with notice by either party in case of non-performance of the other party’s obligations;
in case of objective impossibility for either party to the contract to perform its obligations;
upon seizure or sealing of the equipment by state authorities;
in the event of deletion of the User’s registration on the ONLINE STORE website. In this case, contracts for purchase and sale that have been concluded but not performed remain in force and are subject to performance;
in case of exercise of the right of withdrawal under Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the relevant ordered goods is terminated, provided that the right of withdrawal is applicable to the respective category of goods.
XI. OTHER CONDITIONS
Art. 24. The possible invalidity of any provision of these general terms and conditions shall not lead to invalidity of the entire contract.
Art. 25. For matters not settled in this contract relating to its performance and interpretation, the laws of the Republic of Bulgaria shall apply.
Art. 26. All disputes between the parties to this contract shall be resolved by the competent court or the Consumer Protection Commission.
Art. 27. By agreeing to these Terms of Use when making a purchase, you also agree to the Delivery Terms of Helmed Bulgaria EOOD, which are available at the following address: https://www.helmed.bg/uslovia-za-dostavka.html
XII. PRODUCT RETURN POLICY
Art. 28. The User has the right to return or exchange an order within 14 calendar days from the date on which the order was handed over by the Supplier to the User, subject to the conditions below.
(1) Any product purchased online from the Online Store may be returned without giving a reason within 14 days from the date of purchase. In the event of refusal of a product or order, the User is obliged to inform the Supplier in writing at info@helmed.bg. When refusing a purchased product or delivered order, pursuant to Art. 47, para. 1, item 8 and Art. 52, paras. 2 and 4 of the Consumer Protection Act, you must complete a Withdrawal Form (complete and send this form only if you wish to withdraw from a purchased product or delivered order). In case of return of a product or order, the transport costs shall be borne by the User. Refund of the amount for the order will be initiated on the next working day after the order is returned. The refund period is from 1 to 7 business days.
Order Return Form
To: Helmed Bulgaria EOOD, Sofia, PC 1309, Todor Alexandrov Blvd. 179, Bl. 79, Ground floor, Tel.: 0879548300, email: info@helmed.bg
I hereby inform you that I withdraw from the contract concluded by me for the purchase of goods.
– Ordered on (date): ___________/received on (date): ___________/Order No.:___________
– Consumer’s full name: ___________
– Consumer’s address: ___________
– Consumer’s IBAN: ___________
– Consumer’s signature: ___________ (only if this form is on paper)
– Date: ___________
(2) The User undertakes to inform the Supplier in writing at info@helmed.bg of their intention to replace a product or products from a completed order within 14 calendar days from the date on which the order was handed over by the Supplier to the User, subject to the conditions below. In case of replacement of a product or order, the transport costs shall be borne by the User. The details for sending an approved return or replacement of an order or part of an order are as follows:
- Recipient: Helmed Bulgaria EOOD
- Phone: +359879548300
- Address: Sofia, PC 1309, Todor Alexandrov Blvd. 179, Bl. 79, Ground floor