TERMS AND CONDITIONS FOR USE OF E-STORE www.seewines.com
1. GENERAL PROVISIONS
1.1. The website www.seewines.com, hereinafter referred to as ‘E-STORE’ is supported by Seewines Logistics LTD registered with the Commercial Register and the register of non-profit legal entities at the Registry Agency under UIC ЕИК 205017678, registered under the Value Added Tax Act with VAT ID No. BG205017678, having its seat in the city of Sofia and registered office at 106 Bulgaria Blvd., Entrance D, Apt. No. 9, Email: firstname.lastname@example.org. Tel. : +359 700 20 202.
1.2. These General Terms set out the relations between Seewines Logistics LTD, hereinafter referred to as the PROVIDER, and the users of the E-STORE, hereinafter referred to as CUSTOMERS
1.3. The Terms and Conditions for Use of www.seewines.com and are obligatory for all CUSTOMERS of the E-STORE.
1.4. Any use of the E-STORE means that you have read the Terms and Conditions for Use carefully and have agreed to observe them unconditionally.
1.5. The Terms and Conditions for Use may be amended by the PROVIDER unilaterally and at its own discretion at any time. Such amendments will enter into force immediately upon being published on the website of the E-STORE and shall be obligatory for all CUSTOMERS.
1.6. The PROVIDER will inform the CUSTOMERS for any amendment of the Terms and Conditions for Use through their publication on the website of the E-STORE. The CUSTOMERS are obliged to check for amendments in the Terms and Conditions for Use of the E-STORE at any visit of the webpage. In case you continue using the E-STORE, you automatically agree with the amendments so made.
2. DEFINITIONS/ ABBREVIATION
2.1. Customer – any person who manually, via software, technical device, or by all these methods together, has typed the URL in their browser or has reached to the E-STORE by being transferred from another website, and who uses the E-STORE in any way whatsoever, including but not limited to reviewing, making orders through it, making purchases or carrying out any kind of other actions whatsoever.
2.2. Buyer – a person at the age of 18 or 18 +, who has entered into purchase and sale agreement with the PROVIDER remotely through the E-STORE.
2.3. Agreement – the agreement remotely entered into between the PROVIDER and the BUYER for purchase and sale of goods through the E-STORE, forming an integral part of these Terms and Conditions for Use.
2.4. Browser - a software application that is used for retrieval of documents by hypermedia and web-navigation (website), display and interaction with text, images, video, music, games and other information.
2.5. Interface – combination of graphic objects associated with a programmed code through which the CUSTOMER communicates with the E-STORE in a way accessible thereto.
2.6. Willful acts – acts or omissions breaching the Internet ethics or causing damages to persons connected to Internet or associated networks, sending unwanted mail (non-demanded commercial messages, SPAM), obtaining access to resources subject to someone else’s rights and passwords, using systems’ disadvantages for personal benefit or obtaining information (HACK), carrying out actions that can be qualified as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending ‘Trojan horses‘ or causing installation of viruses, or remote control systems, disturbing the normal work of the other users of Internet and associated networks, carrying out any kind of actions whatsoever that could be qualified as a violation or administrative violation under the Bulgarian or other applicable law.
2.7. User’s profile – specific part of the E-STORE containing information about the CUSTOMER as required by www.seewines.com, stored at the site, and used and processed only for the purposes of Article 4, §1, subparagraph 3 of the Personal Data Protection Act, whereas the CUSTOMER has access to their user’s profile by entering a user name and password. The user’s profile also administers the communication between the CUSTOMER and the PROVIDER.
2.8. Password – a code of letters, figures and symbols that individualizes the CUSTOMER and is used for access to their user’s profile, together with the user name.
2.9. The user name is a unique code of letters, figures and symbols chosen by the CUSTOMER, with which they are individualized in their relations with the PROVIDER.
2.10. Sale price - the announced price of a product (goods) or service in Bulgarian leva (BGN), including value added tax.
2.11. CSC – Customer Service Center of the PROVIDER, which provides information to the CUSTOMERS on activities carried out within the E-STORE related to: Products, Store, Terms and Conditions of Use and current Promotions, from Monday to Friday (inclusive), within the time as indicated in the website www.seewines.com, on telephone: 0700 20 202 (according to the tariff plan of the respective operator), and e-mail address: email@example.com and by contact form on the E-STORE in Contacts section.
2.12. Working day – each day from Monday to Friday, from 09:00-17:00 h, with the exception of statutory holidays.
3. USE OF THE E-STORE
3.1. Through the E-STORE the CUSTOMERS have the opportunity to enter into agreements for purchase and sale and delivery of the goods offered by the PROVIDER, as well as to carry out the following activities:
3.1.1. to register and create a user’s profile;
3.1.2. to make electronic statements with regard to the entering into and performance of agreements with the PROVIDER via the interface of the website of the E-STORE accessible in the Internet;
3.1.3. to review the goods, their properties, prices and delivery conditions.
3.1.4. to enter into agreements for purchase and sale of goods offered by the PROVIDER in the E-STORE;
3.1.5. to make any payments in relation to agreements entered into with the PROVIDER in accordance with the methods of payment supported by the E-STORE.
3.2. The CUSTOMER may use the E-STORE for entering into agreements for purchase and sale of goods freely or through created user’s profile. In case of purchase through their user’s profile, the CUSTOMER should enter the user name and password for remote access they have already chosen.
3.3. The remote access name and password are defined by the CUSTOMER by means of electronic registration on the PROVIDER’s website.
3.4. Upon making a registration, the CUSTOMER shall be obliged to provide correct and updated data. In case of change, the CUSTOMER shall be obliged to update their data specified in their user’s profile in timely manner.
3.5. In case that the CUSTOMER has used social media or another network profile for the registration, the person who is the holder of the profile used for the registration in the respective social media or another network is the party to the agreement. In this case, the PROVIDER has the right to access to data required for the identification of the CUSTOMER in the respective social media or another network.
3.6. The user name used by the CUSTOMER to register does not give them any rights other than the right to use the respective user name within the E-STORE. The PROVIDER does not verify and is not liable for the authenticity of the user name, for whether it affects third parties’ rights, in particular, the right to name or other personal rights, right to trade name (firm name), right to trademark or other intellectual property rights.
3.7. You should not unlawfully use this website, by willful introduction of viruses, Trojan horses, worms, logical bombs or any kind of other software or malware. The CUSTOMERS do not have the right to make any attempt for unauthorized access to this website, to server where the website is located, or each server, computer, or database related to our website. The CUSTOMERS shall be obliged not to attack this website through any kind of attack whatsoever for service refusal or attack for allocated service refusal. The PROVIDER will report any failure to observe these Terms and Conditions for Use to the respective authorities and will assist them for the purposes of identifying the attacker. Furthermore, in case of failure to observe this clause, the authorization for use of this website will be terminated immediately. The PROVIDER shall not be liable for damages or harms resulting from attack for service refusal, virus, or another type of software or malware that could affect the CUSTOMER’s computer, their IT equipment, data or materials as a result of the use of this website or the download of content therefrom, or from the ones this website redirects you to.
3.8. The CUSTOMER shall agree that the properties and the prices of goods offered through the E-STORE may be subject to modification by the PROVIDER at any time. Due to technical reasons, they may contain possible errors for which the PROVIDER shall apologize in advance to its Customers.
3.9. The PROVIDER shall seek to provide the CUSTOMERS with the most appropriate and important information about the goods, however it is possible that some products will have incomplete information.
3.10. All goods will be sold until being out of stock, even if this is not explicitly mentioned in the E-STORE.
3.12. The PROVIDER shall make efforts to maintain the accuracy of the information published in the E-STORE. Nevertheless, taking into account the possible technical errors or omissions in such information, the PROVIDER shall clarify that the images of goods are of illustrative, indicative nature, and therefore the delivered goods may differ from such images.
3.13. Current promotions:
3.13.1. As of February 2019, the PROVIDER may provide the CUSTOMERS vouchers for a free glass of wine at the PROVIDER’s discretion, which may only be used in the PROVIDER’s shops/stores. If there are a total of 5 (five) collected vouchers for a free glass of wine, the CUSTOMER may replace the vouchers for a bottle of wine selected at the PROVIDERS’s discretion. The request for receiving of a free bottle of wine for the vouchers may be made via the E-STORE when completing the order (in notes section) or via phone N. 0700 20 202. The CUSTOMER is obliged to give the 5 collected vouchers to the PROVIDER when receiving the free bottle of wine, otherwise the CUSTOMER shall not be entitled to receive a free bottle of wine. Any other conditions related to issuing and using the vouchers are set out in Section 9.
3.13.2. As of March 2019, the PROVIDER shall conduct surveys related to wine preferences among randomly selected individuals through a subcontractor. Individuals over the age of 18 are entitled to participate in the surveys. On a random basis the PROVIDER shall choose individuals who have participated in the surveys and who will receive a discount code for 10 (ten) BGN discount from their first order for subscription plan for Wine club as set out in Section 8.
3.13.3. As of February 2020 еach CUSTOMER, subscibed for the Wine Club of the PROVIDER will receive their own / personal code for a 10% discount for shopping from the PROVIDER'S E-STORE, WINE SHOP section. The code will be provided with the box, delivered in February and its validity will follow the duration of the club membership by the CUSTOMER.
3.13.4. In February 2020, any CUSTOMER who purchases two or more packages offered in the section “St. Valentine vs Trifon Zarezan” in the PROVIDER'S E-STORE will receive a 375 ml SUPPLIER's advertising bottle of Colorito 2018 White Blend. The advertising bottle will be provided with the packages ordered.
3.13.5. From mid-February to mid-March, any CUSTOMER who purchases a package of two 750 ml bottles of wine branded Ayano, Rose, or Colorito, white wine, from the PROVIDER'S E-SHOP will be able to benefit from a discount on the total selling price of the wines.
4. ORDER AND ENTERING INTO AGREEMENT
4.1. The PROVIDER ensures the following options for order of goods in the E-STORE:
4.1.1. in the E-STORE;
4.1.2 through the CSC;
4.1.3. by phone;
4.1.4. by e-mail;
4.1.5. . through programs and software of online chat line type on the site of the E-STORE;
4.2. In the course of development of the provided services, the PROVIDER may introduce new, subsequent methods for placing orders with the use of remote means for agreement and cooperation, or to restrict some of the existing ones.
4.3 The order in the E-STORE shall be placed by adding the desired goods in the purchase cart. The CUSTOMER needs to follow the steps instructed in the E-STORE in order to complete and send the respective order.
4.4. The goods added to the cart may be purchased, if available. The addition of goods to the purchase cart, without completing the order, does not result in registration of the order and automatic saving of goods for the respective CUSTOMER.
4.5. By sending the order, the CUSTOMER authorizes the PROVIDER to contact them by any possible means, whenever needed with regard to the order made or the agreement entered into.
4.6. The PROVIDER has the right to refuse to fulfil the order placed by the CUSTOMER and should inform the latter thereof. The refusal of order in accordance with the preceding sentence shall not result in any liability or subsequent obligation for any of the parties to the other one with regard thereto, and therefore, none of the parties will have the right to claim compensation from the other one. The grounds for PROVIDER’s refusal may be the following non-exhaustively listed circumstances:
4.6.1. non-acceptance on the part of the issuing bank of the CUSTOMER’s transaction in online payment;
4.6.2. carrying out the money transaction, in which the funds are not received to an account of the PROVIDER in online payments;
4.6.3. the data provided by the CUSTOMER are incomplete and/or incorrect.
5.1. The prices of goods announced in the E-STORE are in Bulgarian leva (BGN). Prices are final and are VAT and all other taxes and charges inclusive as set out in the applicable Bulgarian legislation.
5.2. The payment of the price to the PROVIDER shall be a precondition for transferring the title of the goods. The price shall not include delivery costs, unless otherwise specified in the conditions for sale of the respective goods.
5.3. The PROVIDER offers the following methods of payment:
– Pay on delivery (in cash on delivery);
– Bank transfer;
– Online by credit/ debit card;
– by means of microaccount in ePay.bg;
– by B-pay (at ATM using a 10-digit code);
5.4. The stated payment methods may be restricted by the PROVIDER at any time.
5.5. The CUSTOMER selects the method of payment by clicking on the respectve button in E-STORE after placing the order.
5.6. Cash on delivery payment shall be settled in Bulgarian leva (BGN) directly to the courier/ post office operator upon receipt of the goods. The refusal to receive the goods shall be a condition for termination of the purchase and sale agreement. Furthermore, within the specified time period for receipt, the CUSTOMER may cancel the order, without any consequences, which is not in prejudice to their right to withdraw from the agreement.
5.7. Payment by bank transfer shall be made within up to 1 (one) working day of placing the order to the following bank account of the PROVIDER:
Bank: Unicredit Bulbank AD
Account holder: Seewines Logistics LTD
The basis for payment must contain the name of the customer placed the order and the number of the respective order.
5.8. Payments with cash transactions by electronic means and payment cards shall be made in accordance with the choice of the CUSTOMER through the intermediation of authorized services. Payment shall be made to a personal credit/debit card or card of your company – under safe conditions. Credit and debit cards issued by VISA (Classic и Electron) and MASTERCARD (including Maestro, if they have CVV2/CVC2 code).
5.9. Payment by microaccount in ePay.bg is possible if the CUSTOMER has an account in ePay.bg.
6.1 Standard delivery
6.1.1 (Effective date 18.06.20) The standart delivery of products from the E-STORE to the CLIENT is free for orders over BGN 89.00. Otherwise it costs BGN 4.90. for delivery in the territory of Sofia city and BGN 6.90 for the rest of Republic of Bulgaria
6.1.2 The CUSTOMER should inspect the goods at the time of delivery and handover by the PROVIDER or a person authorized by the same (courier/ post office operator) and if it does not meet the requirements, the CUSTOMER should immediately inform the PROVIDER thereof.
6.1.3 Products may be delivered only in the territory of the Republic of Bulgaria.
6.1.4 Each CUSTOMER may trace their order delivery in real time in My Profile section.
6.1.5 The CUSTOMER shall have the right to specify the date of delivery by stating it in the respective section in the cart during the purchase process.
6.1.6 The time period for delivery shall depend on the availability of goods selected. The delivery shall be made within a period from 1 to 7 working days. The exact time of delivery shall be indicated for each product in the description of the respective product on the site of E-STORE. Additional delivery information is available on the E-STORE.
6.2 Express delivery
6.2.1 Express delivery of products from the E-STORE to the CLIENT costs BGN 8.90.
6.2.2 The CUSTOMER should inspect the goods within 2 hours from the time of his order
6.2.3 Products may be delivered only in the territory of the of Sofia, Bulgaria
6.2.4 Express delivery can be executed every day from Monday to Friday
7. RIGHT TO WITHDRAW FROM THE ORDER PLACED
7.1. The CUSTOMER/ BUYER shall have the right, without owing any compensation or penalty, and without stating any reasons, to withdraw from the concluded agreement within 14 days as from the date of receipt of the goods.
7.2. The right of withdrawal under Paragraph 1 shall not apply in the following cases:
1. for the provision of services, in which the service is completely provided and its fulfillment has begun with the explicit prior consent of the CUSTOMER and confirmation on their part that they know that they will lose their right of withdrawal after the agreement has been fully performed by the PROVIDER;
2. for the supply of goods or services the price of which depends on fluctuations in the financial market which cannot be controlled by the PROVIDER and which may occur during the period for exercising the right of withdrawal;
3. for the supply of customized goods or according to the individual requirements of the CUSTOMER;
4. for the supply of goods the quality of which, because of their nature, can be impaired or which have a short shelf life;
5. for the supply of sealed goods that have been unsealed after their delivery and cannot be returned for reasons related to hygiene or protection of health;
6. for delivery of goods that after being delivered and because of their nature have mixed with other goods, from which they cannot be separated;
7. for the supply of alcoholic drinks, the price of which is agreed upon conclusion of the sale agreement, in which delivery may be carried out not earlier than 30 days from the conclusion of the agreement, and whose actual value depends on fluctuations in the the market which cannot be controlled by the PROVIDER;
8. concluded during public tender, as well as in other cases provided for by law;
7.3. When the CUSTOMER has exercised their right of withdrawal from the agreement, the PROVIDER shall refund any amount paid by the CUSTOMER, including the costs of delivery, without undue delay and no later than 14 days from the date on which it was notified of the decision of the CUSTOMER to withdraw from the agreement. All costs of returning the goods shall be borne by the CUSTOMER, unless otherwise stated in Return and Replacement section of the website of the E-STORE.
7.4. The CUSTOMER shall give their explicit consent that amounts paid will be refunded to them by bank transfer.
7.5. The PROVIDER shall not be obliged to reimburse any additional expenses for the delivery of goods where the CUSTOMER has explicitly chosen a delivery method other than the cheapest type of standard delivery offered by the PROVIDER.
7.6. In case of sale agreement where the PROVIDER has not offered to personally collect the goods, it may withhold the refund of the amounts to the CUSTOMER until the receipt of goods or until the CUSTOMER provides evidence that the goods have been sent back, irrespective which of the events has occurred earlier.
8. WINE CLUB, GIFT CARDS AND ELECTRONIC CERTIFICATES
8.1. Each CUSTOMER can subscribe for any of the plans of the wine club of the PROVIDER. By choosing a subscription plan, the CUSTOMER will have the opportunity to try different wines, carefully selected from the major wine regions around the world, including wines from some of the best vineyards and producers. The CUSTOMER will receive the wine sent to them in a box, containing three or more bottles according to the selected monthly subscription plan.
8.2. Subscribing for a wine club shall be carried out by filling in the special form on the website of the PROVIDER, in which the CUSTOMER shall indicate their data, delivery address, the date on which they wish to be charged each month for the selected subscription plan, as well as the week in the month in which they want to receive the box of wine sent to them. The CUSTOMER shall not be required to register an account in the website of the PROVIDER in order to subscribe.
8.3. Each CUSTOMER may make changes to their address of delivery, choose to miss their monthly delivery (e.g. in case that they are out of the country, etc.) or withdraw from the selected subscription plan at any time. In the event that the CUSTOMER has not properly made the change under the preceding sentence, the PROVIDER will fulfill its obligation in relation to the selected subscription plan. It means that the PROVIDER will send to the address specified by the CUSTOMER or the last address where the CUSTOMER was delivered a box of wine, the box for the current month. In the performance of the delivery in accordance with the subscription plan selected by the CUSTOMER, the latter will be duly charged under the stated price of the monthly subscription plan. Changes of an address or date for receipt of the box of wine according to the selected subscription plan may be made by the CUSTOMER only if the latter has a personal profile on the site www.seewines.com.
8.4. Membership rights in the wine club acquired based on a subscription plan selected and paid for the respective club may not be transferred to third parties.
8.5. Wine clubs:
Enthusiast Club - In the event that the CUSTOMER has chosen to subscribe for Enthusiast Wine Club, they shall have the right to receive a box containing 3 bottles of the same type - red or white - that will be carefully selected from different countries and regions.
Discoverer Club - In the event that the CUSTOMER has chosen to subscribe for Discoverer Wine Club, they shall have the right to receive a box containing 3 bottles and shall have the right to choose their type – red, white or both. All bottles of wine shall be carefully selected by the PROVIDER’s team from different countries and regions.
Connoisseur Club - In the event that the CUSTOMER has chosen to subscribe for Connoisseur Club, they shall have the right to receive on a monthly basis a box of 4 /four/ bottles of wine. Connoisseur Club allows the CUSTOMER to choose the type of the wine - red, white or both - and the respective region. All bottles of wine shall be carefully selected by the PROVIDER’s team.
France Club - In the event that the CUSTOMER has chosen to subscribe for Club France, they shall have the right to receive a box containing 3 bottles of wine from regions in France each month. All bottles of wine shall be carefully selected by the PROVIDER’s team.
Variety Club - In the event that the CUSTOMER has chosen to subscribe for Club Variety, they shall have the right to receive a box containing 3 bottles of wine each month. All bottles of wine shall be carefully selected by the PROVIDER’s team.
Tuscany Club - In the event that the CUSTOMER has chosen to subscribe for Club Tuscany, they shall have the right to receive a box containing 3 bottles of wine from Tuscany each month. All bottles of wine shall be carefully selected by the PROVIDER’s team.
8.6. Right of withdraw - Each CUSTOMER shall have the right to withdraw from their membership in the wine club of the PROVIDER at any time. All purchases of wine, alcoholic drinks and other goods and services from the PROVIDER shall be subject to the standard conditions of sale of the PROVIDER.
8.7. The sale of alcoholic drinks or the delivery of a box of wine, respectively, according to the subscription plan chosen from the wine club, shall be made to a CUSTOMER, only provided that the same is over the age of 18, declared by them by the act of the order for a subscription plan through the website www.seewines.com. If the package shall be delivered to a third party, the CUSTOMER shall declare that the contact person indicated by them for the purposes of the delivery is over the age of 18.
8.8. Payment of the selected subscription plan for the wine club shall be made through the system of Epay.bg. The PROVIDER does not store data on Customers’ bank cards/accounts or other data related thereto. By subscribing for the respective wine club, the CUSTOMER shall agree and give their explicit consent to be automatically charged by the system of Epay.bg after submitting a request on the part of the PROVIDER’s system that the payment of a monthly subscription plan has become due.
8.9. Each CUSTOMER may give a Wine club subscription plan as a gift to other user when pay in advance the amount for the whole given subscription plan. In this case applicable are the standard PROVIDER’s conditions for sale via E-STORE. With purchase of this Wine club subscription plan the CUSTOMER declares the circumstances under p. 8.7.
8.10. As of 2nd January 2020 the PROVIDER shall cease offering the Wine clubs referred to in item 8.5.
8.10.1. The CUSTOMER, who has chosen to subscribe to any of the Wine clubs under art. 8.5., will receive information about the change by e-mail / by phone call, as well as in writing with the received subscriptions in December 2019 and January 2020.
8.10.2. Giving the ceasing of the Wine clubs referred to in item 8.5. and in order to continue the membership in the Wine Club under the conditions specified in art. 8.10.3. the CUSTOMER will have to explicitly subscribe for the Wine club referred to in item 8.10.3. trough the subscription form available at the PROVIDER'S E-STORE.
8.10.3. In case the CUSTOMER has chosen to continue his membership in the Wine Club, he will be entitled to receive a box of 3 / three / bottles of wine each month, carefully selected by the PROVIDER'S team.
8.10.4. The other conditions for the Wine Club subscriptions remain unchanged.
8.11. Gift cards - Each CUSTOMER shall have the right to purchase a Gift card for the E-STORE from the section expressly indicated in the website of the PROVIDER. For such purpose, the CUSTOMER should select the price of the Gift card, and the names of its user. Each Gift card will contain the names of its user as well as the validity term of the Gift card which is 3 (three) months from the date of issue. The user indicated by the CUSTOMER may use the Gift card for purchasing goods from the E-STORE only in the validity term of the Gift Card. The user indicated by the CUSTOMER may use the Gift card only once.The Gift card is not a payment instrument, it cannot be used as such and cannot be substituted for its monetary equivalence. Gift cards ordered and purchased shall not be subject to return and amounts thereof shall not be refundable by the PROVIDER. If the user purchases goods from the E-STORE, which price is lower than the price of the GIFT card and the user pays via GIFT card, the remainder of the price will not be returned and cannot be subsequently used by the user or the CUSTOMER. By placing the order of the Gift card, the CUSTOMER shall expressly agree and declare that they are aware of the above. The Gift cards cannot be used for Wine club subscription under p.8.1.
8.12. Electronic Certificates - Each CUSTOMER has the right to purchase an Electronic Certificate of Purchase from the E-SHOP from the site specified on the SUPPLIER's site.
8.12.1. For the purpose of art. 8.121, the CUSTOMER shall choose the price of the Electronic Certificate, as well as the names of its user. The electronic certificate will contain the name of its user as well as its validity, which is 3 (three) months from the date of issue.
8.12.2. The user specified by the CUSTOMER in accordance with the procedure of Art. 8.121.1. may only use the Electronic Certificate to purchase goods from the Electronic Store within the term of validity of the Electronic Certificate. The User specified by the CUSTOMER may only use the Electronic Certificate once.
8.12.3. The electronic certificate is not a means of payment, it cannot be used as such and cannot be exchanged for its monetary value. Electronic Certificates ordered and purchased are non-refundable and the amounts of them are non-refundable by the SUPPLIER. In case the User purchases from the E - SHOP through the Electronic Certificate and places an order for an amount lower than the value of the Electronic Certificate, the remainder of the value of the Electronic Certificate shall not be subject to return or subsequent use by the User or the CUSTOMER.
8.12.4. The CUSTOMER fully assumes the risk of not receiving the Electronic Certificate electronically with the incorrectly submitted information (e-mail address) required for the purpose of delivery of the Electronic Certificate. The SUPPLIER shall not be liable for any delay or inability to deliver the Electronic Certificate electronically, caused by technical or other force majeure reasons, independent of the SUPPLIER.
8.12.5. By executing the order for the Electronic Certificate, the CLIENT explicitly agrees and declares that he has been informed of the circumstances under Art. 8.11 - 8.11.5. Electronic certificates cannot be used to subscribe to a wine club within the meaning of Article 8.1.
9. TICKETS AND VOUCHERS
9.1. The PROVIDER is entitled to offer for sale via E-STORE tickets for any events organized by the PROVIDER, including but not limited to – tasting/degustation, presentation of wines, wineries, wine producers and any other events related to wine.
9.2. The tickets are named (contain the name of the user) and can be purchased from the PROVIDER’s shops/stores or from the PROVIDER’s E-STORE. The tickets may be issued on paper or in the form of electronic document at the PROVIDER’s discretion. The tickets may be used from third party other than the CUSTOMER only after explicit written approval of the PROVIDER.
9.3. The PROVIDER sells tickets with a fixed date and price for each individual event. The PROVIDER may offer different pricing conditions for the same events held on different dates. The CUSTOMER may not use a ticket for a date different from the one specified in the ticket without the explicit written approval of the PROVIDER and only when the CUSTOMER meets the conditions for the event of that date.
9.4. The purchased ticket cannot be returned or replaced. The right of withdrawal under Paragraph 7 of these Terms and conditions is not applicable for purchasing tickets from the PROVIDER.
9.5. In case the event for which a ticket was purchased is postponed, the PROVIDER shall inform the CUSTOMER and shall provide a ticket for next date of this event as well as 50 (fifty) % discount from a ticket for another event, organized by the PROVIDER.
9.6. When the CUSTOMER does not wish to accept the PROVIDER’s proposal under Paragraph 9.5., as well as in case the event is cancelled, the PROVIDER refunds to the CUSTOMER the value of the purchased ticket. The PROVIDER is not obliged to reimburse any additional costs to the CONSUMER, including but not limited to – transportation costs, hotel accommodation costs etc.
9.7. The PROVIDER may provide to the CUSTOMERS promotional vouchers and discount vouchers. The vouchers may be provided to the CUSTOMERS on paper or electronically for promotional purpose and / or as a prize from games organized by the PROVIDER, as well as in any other lawful way.
9.8. The voucher cannot be substituted for its monetary equivalence by the CUSTOMERS.
9.9. The vouchers are valid until expiration of the validity term specified on them. At PROVIDER’s discretion the vouchers may be named or permitted to be used by third parties.
9.10. The CUSTOMERS may not resell, modify, copy or counterfeit tickets and vouchers provided by the PROVIDER.
10. FORCE MAJEURE EVENTS
10.1. None of the parties will be held liable for any failure to fulfil its contractual obligations if such failure is due to a force majeure event. A force majeure event is an unforeseeable event that is beyond the control of the parties and could not have been avoided.
10.2. If the respective event does not cease within 14 (fourteen) days of the date of the occurrence thereof, each of the parties has the right to inform the other party that it terminates the agreement without any compensation payable to the other party for any possible damages suffered.
11.1. The agreement between the CUSTOMER and the PROVIDER shall be terminated in the following cases:
1. upon dissolution and declaring liquidation or insolvency of any of the parties to the agreement;
2. by mutual consent of the parties expressed in writing;
3. unilaterally by written notice by any of the parties, in case of other party’s failure to fulfil their obligations;
4. upon objective inability of any of the parties to the agreement to fulfil its obligations;
5. in case of exercising a right of withdrawal pursuant to the provisions of the Consumers Protection Act.
12. FINAL PROVISIONS
12.1. If any of the provisions of these Terms and Conditions for Use of the E-STORE are found to be void or unenforceable, irrespective of the reason thereof, this shall not result in the invalidity or unenforceability of the other provisions.
12.2. Any issues that are not stipulated herein with regard to the performance and interpretation of these Terms and Conditions shall be governed by the laws of the Republic of Bulgaria.
12.3. Supervisory authorities:
1. Consumer Protection Commission
Address: 1000 Sofia, 4A, Slaveykov Sq., Floors 3,4 and 6
tel.: 02 / 980 25 24, 0700 111 22
fax: 02 / 988 42 18
12.4. Any disputes between the PROVIDER and its CUSTOMERS shall be settled by mutual consent, and in case of failure to do so – by the competent court or the Consumer Protection Commission. In case of any dispute with regard to an online purchase, you can use the website of the European Commission Online Dispute Resolution.
These General Terms and Conditions were adopted on 23 May 2018 and shall enter into force on the same date. The last amendment was made on 18 June 2020.