General conditions

I. SUBJECT

 

Art. 1. These general terms and conditions are intended to regulate the relations between "KAP 2024" EOOD, EIK 207670717, with registered office and management address: Bulgaria, Veliko Tarnovo 5000, Sedmi Yuli Street No. 23 entrance A. app.3, from now on referred to for short as SUPPLIER, and the customers, hereinafter referred to as USER AND/OR CONSUMER, of the genesisfishing.bg e-commerce platform, hereinafter referred to as "GENESISFISHING"

 

II. PROVIDER DATA

 

Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:

1. Name of the Supplier: "KAP 2024" EOOD

 

2. Headquarters and management address: Bulgaria, Veliko Tarnovo 5000, Sedmi Yuli St. No. 23, entrance A

 

3. Address for exercising the activity and address for submitting complaints by users: Bulgaria, Veliko Tarnovo 5000, Sedmi Yuli St. No. 23, entrance A, apartment 3

 

4. Correspondence information: Bulgaria, Veliko Tarnovo 5000, Sedmi Yuli St. No. 23, entrance A, apartment 3, phone: +359879273707

 

5. Entry in public registers: EIK 207670717.

 

6. Supervisory authorities:

 

(1) Commission for the Protection of Personal Data Address: Sofia, "Prof. Tsvetan Lazarov" No. 2, phone: (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, floors 3, 4 and 6, phone: 02 / 980 25 24 fax: 02 / 988 42 18 hotline: 0700 111 22 Website: www.kzp.bg

 

7. Registration under the Value Added Tax Act No. BG207670717

 

III. FEATURES OF THE PLATFORM

 

Art. 3. GENESISFISHING is an e-commerce platform, accessible at the Internet address https://genesisfishing.bg, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier on the platform, including the following:

 

1. Register and create a profile to view the Provider's online store and use the additional services to provide information;

 

2. To review the goods, their characteristics, prices and terms of delivery;

 

3. To enter into contracts with the Supplier for the purchase and sale and delivery of the goods offered on the GENESISFISHING platform;

 

4. To make any payments in connection with the concluded contracts;

 

5. To receive information about new goods offered by the Supplier on the GENESISFISHING platform;

 

6. To make electronic statements in connection with the conclusion or execution of contracts with the Supplier on the GENESISFISHING platform through the interface of the GENESISFISHING page available on the Internet;

 

7. To be notified of the rights arising from the law, primarily through the interface of the GENESISFISHING platform on the Internet;

 

8. To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

 

Art. 4. The supplier in the GENESISFISHING platform organizes the delivery of the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.

 

Art. 5. (1) Users conclude a contract for the purchase and sale of the goods with the Supplier on the GENESISFISHING platform, at the address https://genesisfishing.bg. The contract is concluded in Bulgarian and is stored in the database of the Supplier in the platform.

 

(2) Pursuant to the contract concluded with the Users for the purchase and sale of goods, the Supplier in the GENESISFISHING platform undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the platform interface. Users have the right to correct errors when entering information no later than sending the statement on concluding the contract to the Provider on the GENESISFISHING platform.

 

(3) Users shall pay the Provider of the GENESISFISHING platform remuneration for the delivered goods in accordance with the conditions defined in the GENESISFISHING platform and these general terms and conditions. The reward is equal to the price announced on the GENESISFISHING platform. In the event of a technical error in the price, the Supplier immediately informs the User of the correct price of the product and has the right to refuse an order placed due to the incorrect writing of its real price.

 

Art. 6. (1) The User and the Provider in the GENESISFISHING platform agree that all statements between them in connection with the conclusion and execution of the purchase and sale contract may be made electronically and through electronic statements within the meaning of the Electronic Document Act and the electronic signature and Art. 11 of the Electronic Commerce Act.

 

(2) It is assumed that the electronic statements made by the Users of the site were made by the persons indicated in the data provided by the User during registration, if the User has entered the corresponding name and password for access.

 

IV. REGISTRATION FOR USE OF GENESISFISHING.BG

 

Art. 7. (1) In order to use GENESISFISHING to conclude contracts for the purchase and sale of goods, the User should enter a name and password chosen by him for remote access, which is deemed to have accepted these terms and conditions. Acceptance of these general terms and conditions is carried out upon finalization of each order by the User.

 

(2) The name and password for remote access are determined by the User, by performing an online registration on the Provider's website on the GENESISFISHING platform, in accordance with the procedure specified therein.

 

(3) By filling in his data in the user basket and pressing the "Finish order" button, the User declares that he is familiar with these general terms and conditions, agrees with their content and undertakes to abide by them unconditionally.

 

(4) The Supplier confirms the order placed by the User by e-mail. An account of the User is created and contractual relations arise between him and the Provider.

 

(5) When registering or placing an order, the User undertakes to provide correct and up-to-date data. The user undertakes to promptly update the data indicated in his registration or order in the event of a change.

 

V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE-SALE AGREEMENT

 

Art. 8. (1) Users primarily use the interface of the Provider's page on the GENESISFISHING platform to enter into contracts for the purchase and sale of the goods offered by the providers on the GENESISFISHING platform.

 

(2) In cases of ordering goods without registration by the User, the latter accepts these general terms and conditions at the moment of finalizing the order.

 

Art. 9. Users conclude the contract for the purchase and sale of goods on the GENESISFISHING platform according to the following procedure:

 

(1) Login to the system for placing orders in the GENESISFISHING platform.

 

(2) Selecting one or more of the goods offered by the Supplier on the GENESISFISHING platform and adding them to a list of goods for purchase.

 

(3) Provision of the necessary data for the identification of the User as a party to the contract.

 

(4) Provision of delivery data;

 

(5) Choice of method and moment of payment of the price.

 

(6) Order Confirmation;

 

VI. CONTENTS OF THE AGREEMENT

 

Art. 10. (1) The Supplier and the Users conclude separate contracts for the purchase and sale of the goods requested by the Users, regardless of the fact that they are selected with one electronic statement and from one list of goods for purchase.

 

(2) The supplier may organize together and simultaneously the delivery of the goods ordered with the separate sales contracts.

 

(3) The rights of the users in connection with the delivered goods, which they observe separately for each general supply agreement. The notice of failure in connection with the delivery of the goods does not trigger and has no effect on the relationship of the contracts for the purchase-supply of the goods. In the case that the user has the right of a consumer according to the Law on the protection of consumers, the right to refuse from the contract for general supply and the specified item does not bind the contract for the supply of the other items delivered to the consumer. Users benefit from a legal guarantee of compliance of the goods with the sales contract.

 

(4) In the case of delivery of goods that are delivered as a promotional item together with other goods in a set, the rules for delivery and return of the relevant set, as announced in the product profile in the electronic store, shall apply with priority.

 

Art. 11. When exercising the rights under the sales contract, the User is obliged to specify precisely and unequivocally the contract and the goods in respect of which he exercises the rights.

 

Art. 12. (1) The user can pay the price for the individual sales contracts at once upon their delivery.

 

(2) With regard to goods that are supplied on a promotional basis together with other goods in a set, the price for the set applies only in its entirety and is inseparable for individual goods in the set.

 

(3) In the event that the Supplier accepts the return of one product from a set under para. 2, The User has the right to be reimbursed an amount for the returned goods from the set, which is proportional to the ratio between the prices of the goods from the set in the Supplier's electronic store when they are not offered in a set with each other.

 

VII. SPECIAL CLAUSES APPLICABLE TO PERSONS QUANTIFIED AS A CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT AND THE ACT ON THE PROVISION OF DIGITAL CONTENT AND DIGITAL SERVICES AND ON THE SALE OF GOODS

 

Art. 13. The rules of this section VII of these general terms and conditions apply only to Users who, according to the data specified for the conclusion of the sales contract or during the registration in GENESISFISHING, it can be concluded that they are users within the meaning of the Law for consumer protection, the Electronic Commerce Act, the Act on the provision of digital content and digital services and on the sale of goods and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.

 

Art. 14. (1) The main characteristics of most goods offered by the Supplier on the GENESISFISHING platform are defined in the profile of each product on the GENESISFISHING platform.

 

(2) The price of the goods including all taxes and fees is determined by the Supplier on the GENESISFISHING platform in the profile of each product on the GENESISFISHING platform

 

(3) The value of the postal or transport costs, not included in the price of the goods, is determined by the Supplier in the GENESISFISHING platform and is provided as information to the Users when selecting the goods for concluding the sales contract and before finalizing the order.

If the User does not receive the goods sent more than once, the Supplier reserves the right to:

– charges transport costs for the User with each of his subsequent orders;

- not to grant the right to refuse purchased goods for a period of more than 14 days;

- not to provide gifts to the User's next orders;

- to refuse the "Price Protection" in case the User invokes it.

 

(4) The methods of payment, delivery and execution of the contract are defined in the present general conditions and the information provided to the User through the mechanisms in the GENESISFISHING platform

 

(5) The information provided to the Users under this article is current at the time of its visualization on the GENESISFISHING platform before the conclusion of the purchase and sale contract.

 

(6) Users agree that all information required by the Consumer Protection Act and the Act on the provision of digital content and digital services and the sale of goods can be provided through the GENESISFISHING platform interface or e-mail.

 

Art. 15. In the event that the value of the User's order is equal to or exceeds BGN 10,000, payment shall be made only by transfer or payment to the Supplier's payment account. In such a situation, the Provider will contact you personally.

 

Art. 16. (1) The User has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 14 days, starting from the date of acceptance of the goods by the Supplier using the uniform form for withdrawal from the contract, available on the Provider's website on the GENESISFISHING platform at: https://genesisfishing.bg/form/2/reklamatsii.html.

 

(2) The right of refusal under para. 1 does not apply in the following cases:

 

1. for the provision of services where the service is fully provided when the contract provides for an obligation for the user to pay, and performance has begun with the express prior consent and confirmation of the user that he knows that he will lose his right of withdrawal after the contract be fully performed by the merchant;

2. for the delivery of goods or services, the price of which depends on the fluctuations of the financial market, which cannot be controlled by the merchant and which may occur during the period for exercising the right of refusal;

3. for the delivery of goods made to the order of the user or according to his individual requirements;

4. for the delivery of goods which, after they have been delivered and due to their nature, have mixed with other goods from which they cannot be separated;

 

(3) When the provider on the GENESISFISHING platform has not fulfilled its obligations to provide information, defined in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of up to one year and 14 days, starting from the date of receipt of the goods. When the information is provided to the user within the opt-out period, the same begins to run from the date of its provision. The user has the right to make the opt-out statement under this article directly to the Provider through the single contract opt-out form available on the Provider's website on the GENESISFISHING platform at: https://genesisfishing.bg/form/2/reklamatsii.html.

 

(4) When the User has exercised his right of withdrawal from the contract at a distance or from the contract off-premises, the Supplier shall refund all sums received from the user without undue delay and no later than 14 days from the date on which was notified of the consumer's decision to withdraw from the contract and in the event that he has already received back the goods subject to the contract. The supplier refunds the amounts received by bank transfer, unless the consumer has expressed his express consent to use another means of payment, and this sentence applies in the event that the right of withdrawal is exercised within 14 days of receipt of the goods and the goods is sent back to the Supplier within this 14-day period. In the event that the user wishes to be reimbursed for the sums upon cancellation of the Contract exercised within 14 days of receipt of the goods by postal order/money transfer, the service fee charged by the respective courier/postal operator is at the expense of user and is determined by the courier/postal operator. The Provider cannot influence this fee, does not determine it and does not benefit from it in any way.
In the event that the goods for which the user has refused the contract the contract within 14 days of receiving the goods, is paid by card, the refund of the paid amount is made only to the same card with which it was paid.

 

(5) When exercising the right of refusal, the costs of returning the delivered goods shall be borne by the consumer on the basis of Art. 55, para. 2 of the PPE. The Supplier has no obligation to reimburse the additional costs for the initial delivery of the goods when the user has expressly chosen a method of delivery of the goods other than the free standard delivery offered by the Supplier.

 

(6) The User undertakes to store the goods received from the Supplier in the platform and to ensure the preservation of their quality and safety during the period under para. 1.

 

(7) The User may exercise his right to withdraw from the contract with the Supplier by making a written statement to the Supplier through the standard contract withdrawal form, available at ... on the GENESISFISHING platform. The goods should be sent without cash on delivery to the address of the Supplier, namely Bulgaria, Veliko Tarnovo 5000, Sedmi Yuli St. No. 23, entrance A, apartment 3. Goods sent with cash on delivery will not be accepted by the Supplier.

 

(8) When the supplier on the GENESISFISHING platform has not offered to collect the goods himself, he can withhold payment of the amounts to the user until he receives the goods or until the user provides proof that he has sent the goods back, depending on which of the two happened earlier.

 

(9) In case of delivery of goods that are delivered together with other goods in a set (so-called bundle goods), when exercising the User's right of refusal under this article and the requirements of the Consumer Protection Act, the User should return the entire set as received and in commercial form. In the event that some of the goods that are part of the bundle product are not subject to return according to the regulations, the User agrees that the entire bundle product is not subject to return.

 

(10) Regardless of the above hypotheses, the User undertakes to return the goods in commercial form. Commercial type means a type that allows the subsequent sale of the goods as new. The unpacking of the goods should not have led to an obvious violation of the commercial appearance of the goods. In the case of a damaged commercial appearance of the goods, the Supplier has the right at its discretion to refuse to accept a withdrawal from the contract or to charge the User the costs of restoring the goods in a commercial appearance. According to Art. 55, para. 4 of the ZPA, the User is responsible for the reduced value of the goods caused by testing them other than what is necessary to establish their nature, characteristics and good functioning.

 

(10) When returning the product, the User undertakes to return it together with the complete set received, as well as all accompanying documents - cash receipt, invoice, receipt-handover report, warranty card (if such have been issued).

 

(11) In the case of a purchase made by a legal entity, the provisions of the Law on Obligations and Contracts, which derogate from these General Terms and Conditions, shall apply.

 

VIII. PERFORMANCE OF AGREEMENT

 

Art. 17. (1) The term of delivery of the goods is indefinite. For each available product, the User should receive it within 1-2 working days. In the case of non-available goods, the delivery time is strictly individual and the User is notified after finalizing the order on the GENESISFISHING platform approximately how many days it will take to deliver it. The indicated days required for delivery are indicative and the Supplier does not guarantee them, but guarantees that it will do its best , to deliver the goods on the specified days.

 

(2) In the event that the User and the Supplier in the GENESISFISHING platform have not determined a delivery period, the delivery period for the goods is 30 calendar days, counted from the date following the sending of the user's order to the Supplier through the Supplier's site in the GENESISFISHING platform.

 

(3) If the Supplier on the GENESISFISHING platform cannot fulfill the contract due to the fact that the ordered goods are not available, it is obliged to notify the user of this and in the event that the User does not wish to wait until they are available, the Supplier should cancel the order. In these cases, the Supplier could not be held responsible to the extent that it notified the User of the depleted quantities.

 

(4) The supplier may refuse to process the order when there are reasonable doubts that the order is inauthentic, including that it does not come from the User described in the same or when the product requested with the order is temporarily unavailable due to depletion of quantities or other technical reasons, in which case the Provider notifies the User by email or phone. The supplier may also refuse to process an order when the number or volume of the ordered items exceeds their usual consumption by a customer-consumer within the meaning of the PPE and there is reason to believe that the order is made for the purpose of resale and does not fall within the scope of consumer buying and selling.

 

(5) In case of inaccurate data provided by the User, regarding delivery address and telephone number or absence of the User at the address, as well as in case of impossibility to deliver the goods due to reasons beyond the Supplier's control, the goods are returned and remain in the Supplier's warehouses. In this case, the goods are not kept for the User. In case of inaccurate or wrong data provided by the User for the delivery address, in which case the goods are sent to the wrong address, the costs of the courier service for rerouting the shipment are at the expense of the User.

 

(6) In the event that the goods are not delivered to the User within the specified delivery period, no compensation is due to the User. Reasons that would delay the delivery beyond the days specified in the GENESISFISHING platform are: load and number of orders for the period above the average and above usual for the Supplier; fault of the courier company such as untimely organization of the courier, excessive workload of the courier, unforeseeable technical and informational problems with the courier or weather conditions impeding the courier; unforeseeable technical problems in the Provider's systems; faults in the suppliers of the Supplier, from which the latter supplies the product; bad weather conditions etc. force majeure circumstances that would prevent the Supplier's normal organizational activity.

 

(7) In all cases, the Supplier guarantees and undertakes to deliver the goods to the User no more than 15 working days later than the approximate delivery days indicated on the GENESISFISHING platform

 

(8) For products with an individual or total value of BGN 8 or less, which fall under the "Plus products" program, the Supplier may refuse to accept the order. In the event that a product or products fall under the "Plus products" program and their total value is equal to or below BGN 8 in the sense of the previous sentence, the User will be notified via a message on the platform and will be prevented from placing an order. To complete the order, the User must add a product or products, the total value of which is at least BGN 8.

 

 

Art. 18. The Supplier informs the User about the transport and courier costs immediately before completing the order, and the delivery price is a fixed value of BGN 8. In case of additional forwarding of an already requested order by the User or in case of a need to visit the requested address again, the User shall pay the price of the delivery in amounts determined according to the tariff of the respective courier. The conditions for free delivery, if any, do not apply in the event that the User requests a visit to an address at a time or range of the day specified by him.

 

Art. 19. (1) The User must inspect the goods at the time of delivery and handover by the courier and if it does not meet the requirements or has visible breaks and defects, refuse to accept it from the courier and immediately notify the Supplier on the GENESISFISHING platform.

 

(2) If the User does not refuse the goods from the courier and does not notify the Supplier on the GENESISFISHING platform according to para. 1, the goods are considered to be approved as conforming to the requirements, except for hidden defects.

 

(3) In the event that, upon delivery of the goods, the User wishes to refuse and not accept them, the costs of transport in both directions are at his expense.

 

Art. 20. The supplier provides the necessary service for the goods according to the provisions of section

 

XIII. COMPLAINTS.

 

Art. 21. For the cases not regulated in this section, the commercial sale rules defined in the Commercial Law, the Consumer Protection Law and the Law on the provision of digital content and digital services and on the sale of goods shall apply.

 

IX. PROTECTION OF PERSONAL DATA

 

Art. 22. (1) The GENESISFISHING platform provider takes measures to protect the User's personal data in accordance with the Personal Data Protection Act.

 

(2) For reasons of security of the Users' personal data, the Provider in the GENESISFISHING platform will send the data only to the e-mail address that was specified by the Users at the time of registration.

 

(3) The provider in the GENESISFISHING platform has the right to store data in the final communication device of the User, unless the latter expressly expresses his disagreement to this.

 

(4) The User or the User agrees that the Provider of the GENESISFISHING platform has the right to send electronic messages to the User or the User at any time, including a newsletter or offers for the purchase of goods, as long as the User or the User is registered in the electronic store of The provider in the GENESISFISHING platform.

 

(5) The User or User agrees that the Provider of the GENESISFISHING platform has the right to collect, store and process data on the behavior of the User or User when using the Provider's electronic store on the GENESISFISHING platform

 

Art. 23. (1) At any time, The provider in the GENESISFISHING platform has the right to require the User to identify himself and to certify the reliability of each of the circumstances and personal data announced during registration.

 

(2) In the event that for some reason the User has forgotten or lost their username and password, the Provider of the GENESISFISHING platform has the right to implement the announced "Procedure for lost or forgotten usernames and passwords", available at: https://genesisfishing.bg/en/forgot_pass.html

 

(3) In case of deficiencies regarding the protection and processing of the User's personal data, a detailed description is available in the Personal Data Policy of the GENESISFISHING website located at: https://genesisfishing.bg/page/4/politika- za-lichnite-danni.html

 

X. AMENDMENT AND ACCESS TO THE TERMS

 

Art. 24. (1) These general conditions may be amended by the Provider of the GENESISFISHING platform, of which the latter will notify all registered Users in an appropriate manner.

 

(2) The provider in the GENESISFISHING platform and the User agree that any addition and amendment to these general terms and conditions will have an effect on the User in one of the following cases:

 

A) after being expressly notified by the Provider on the GENESISFISHING platform and if the User does not state within the 14-day period granted to him that he rejects them; or

B) after they are published on the Provider's website on the GENESISFISHING platform and if the User does not state within 14 days of their publication that he rejects them;

C) with its explicit acceptance by the User through his profile on the Provider's website on the GENESISFISHING platform.

 

(3) The User agrees that all statements of the Provider on the GENESISFISHING platform, in connection with the amendment of these general conditions, will be sent to the e-mail address specified by the User during registration. The user agrees that e-mails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.

 

Art. 25. The supplier publishes these general conditions at the address: https://genesisfishing.bg/page/5/uslovia-za-polzvane.html together with all additions and amendments to them.

 

XI. TERMINATION

 

Art. 26. These general terms and conditions and the User's contract with the Provider on the GENESISFISHING platform are terminated in the following cases:

• upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;

• by mutual agreement of the parties in writing;

• in case of objective inability of one of the parties to the contract to fulfill its obligations;

• when the equipment is seized or sealed by state authorities;

• in case of deletion of the User's registration in the GENESISFISHING platform. In this case, the concluded but unexecuted purchase and sale contracts remain valid and enforceable;

 

Art. 27. The Provider has the right at its discretion, without giving notice and without paying compensation, to unilaterally terminate the contract, in case it finds that the User is using the GENESISFISHING platform in violation of these general conditions, the legislation of the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practice in electronic commerce.

 

XII. RESPONSIBILITY

 

Art. 28. The User undertakes to indemnify and indemnify the providers in the GENESISFISHING platform and the Provider from legal claims and other claims of third parties (regardless of whether they are justified or not), for all damages and costs (including attorney's fees and court costs ), arising out of or in connection with (1) failure to perform any of the obligations under this Agreement, (2) infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights, (3) wrongful transfer to other persons of the rights granted to the User, for the term and under the terms of the contract and (4) false declaration of the presence or absence of the quality of user within the meaning of the Consumer Protection Act.

 

Art. 29. The provider is not responsible in case of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.

 

Art. 30. (1) The Provider is not responsible for damages caused by the User to third parties.

(2) The Supplier is not responsible for property or non-property damages, expressed in lost profits or suffered damages, caused to the User in the process of using or not using GENESISFISHING and concluding sales contracts with the Supplier.

(3) The provider is not responsible for the time during which the platform was not available due to force majeure.

(4) The provider is not responsible for damages from comments, opinions and publications under the products, news and articles on the GENESISFISHING platform.

 

Art. 31. (1) The supplier is not responsible in case of overcoming the security measures of the technical equipment and this resulted in loss of information, interrogation tampering with information, access to information, restriction of access to information and other similar consequences.

(2) The Supplier shall not be liable in the event of the conclusion of a sales contract, provision of access to information, loss or change of data occurring as a result of false identification of a third party posing as the User, if the circumstances can believes that this person is the User.

 

XIII. COMPLAINTS

 

Art. 32. (1) The user has the right to make a complaint, and when making such a complaint, the complete set of documents (incl. receipt/invoice, receipt-handover report, warranty card, etc.), as well as the goods, should be sent to Bulgaria, Veliko Tarnovo 5000, Sedmi Yuli St. No. 23, entrance A, apartment 3.

 

(2) Transportation costs when sending a product for warranty service are borne by GENESISFISHING, only on the condition that the product is sent from the office of the courier company Speedy to the address: Bulgaria, Veliko Tarnovo 5000, Sedmi Yuli St. No. 23 entrance. And apartment 3.

 

(3) In the event that the product is sent for warranty service to an address other than that specified in Art. 33. (2) and/or is not sent by an office of a Speedy courier company, the transport costs will be borne by the User.

 

(4) The warranty is valid only for manufacturing defects and non-conformities existing during the delivery of the goods and appearing during normal operation, on the territory of the Republic of Bulgaria. The warranty is void and the customer pays the cost of the repair (service may be refused) in cases of damage caused by:

– Improper use and/or improper storage.

– Violated integrity of warranty stickers.

– The product identification number (IMEI number), serial number or date code, if any, has been removed, erased, damaged or otherwise illegible.

– Drop, shock, applied pressure, spilled liquids.

– Attempted repair by unauthorized persons or companies.

– Use of chargers, batteries and peripherals other than those supplied with the kit.

– Malfunctions in the electrical network, incorrect connection to the power supply, extreme environmental conditions or rapid changes in these conditions, natural disasters and other force majeure circumstances.

 

(5) The supplier is responsible for any lack of conformity of the consumer goods with the sales contract, which exists when the goods are delivered and occurs up to two years after their delivery, according to the provisions of Art. 31 of the Act on the provision of digital content and digital services and on the sale of goods. The provider is liable according to the legal guarantee to persons having the status of user, in the sense of §6, item 6 of the Additional provisions of the Act on the provision of digital content and digital services and on the sale of goods - any natural person who, in connection with contracts for provision of digital content and digital services and contracts for the sale of goods acts outside the scope of his commercial or economic activity, trade or profession or in the sense of §13, paragraph 1, item 1 of the Additional Provisions of the Consumer Protection Act - any natural person who acquires goods or uses services that are not intended for carrying out a commercial or professional activity, and any natural person who, as a party to a contract within the meaning of the Consumer Protection Act, acts outside the scope of his commercial or professional activity activity.

 

XIV. OTHER TERMS

 

 

Art. 33. (1) The User and the Provider in the GENESISFISHING platform undertake to protect each other's rights and legal interests, as well as to protect their trade secrets, which became their possession in the process of executing the contract and these general terms and conditions.

 

(2) The User and the Supplier undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence between them. Publication of correspondence in print and electronic media, Internet forums, private or public websites, etc. may be considered public domain.

 

Art. 34. In the event of a conflict between these general terms and conditions and provisions in a special contract between the Provider on the GENESISFISHING platform and the User, the clauses of the special contract shall take precedence.

 

Art. 35. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.

 

Art. 36. The laws of the Republic of Bulgaria shall apply to matters not settled in this contract, related to the implementation and interpretation of this contract.

 

Art. 37. These general terms and conditions enter into force for all Users on 12.08.2015.

 

Art. 38. When the User has ordered goods at the relevant price on the GENESISFISHING platform, the goods will be delivered to him at the price that was ordered, even if the price has changed at a later stage.

 

Art. 39. In the event that the User orders a product that is listed as "available", but after the seller-consultant establishes that it is unavailable, the Supplier contact you for more shipping details.