Terms & Conditions
PLEASE READ CAREFULLY OUR GENERAL TERMS AND CONDITIONS!
General terms and conditions
I. Subject and general considerations
II. Agreement between VIKIVAT Ltd. and User
III. Delivery and right of withdrawal
IV. Prices of goods and delivery
V. Rights and obligations of User
VI. Right of Claim
VII. Rights and Obligations of the supplier
VIII. Restrictions on Supplier Responsibility
IX. Entry into force and amendments
X. Settlement of disputes
XI. Applicable law
I. SUBJECT AND GENERAL PROVISIONS
Art. 1. These Terms and Conditions regulate the relations between VIKIWAT Ltd. ( official representative of MASTECH products for Bulgarian market), hereinafter referred to as "SUPPLIER", owner of website: mastech.bg, operating as an online store called for short: ONLINE STORE on one hand and on the other hand all users, visitors and customers of this online store, hereinafter referred as “USER/S”. These terms and conditions bind all customers of this ONLINE STORE. By voluntarily choosing a commodity (, hereinafter referred as “GOOD/S”, link or button located on the pages of mastech.bg and/or a link to these Terms and Conditions, the USER agrees, accepts and undertakes to abide by these Terms and Conditions of Use.
2. INFORMATION ABOUT THE SUPPLIER
Art. 2. Information according Law of Electronic Commerce and Law of Consumer Protection:
1. Name of the SUPPLIER: VIKIWAT Ltd.
2. Company registration address: Bulgaria, Plovdiv, 4003, 17 Ticha Str.
3. Company address of activity and General Manager:
Bulgaria, Plovdiv, 4002, 3 Mostova Str.
Mr. Philip Sarelski – General Manager
4. Contact details and correspondence:
Bulgaria, Plovdiv, 4002, 3 Mostova Str.
Tel: +359 32 643216
5. Entry in public registers: UIC 160138003
6. Registration under the Law on Value Added Tax (VAT): BG 160138003
7. Supervisory authorities:
(1) Commission for Protection of Personal Data (CPDP)
Address: Sofia 1592, Prof. Tsvetan Lazarov Blvd.
Tel.+359 02 940 20 46
Fax: +359 02 940 36 40
E-mail: firstname.lastname@example.org, email@example.com
(2) The Consumer Protection Commission (CPC)
Address: 1000 Sofia, 4A Slaveikov Square, 3rd, 4th and 6th floor,
Tel: +359 02 980 25 24
Fax: +359 02 988 42 18
Hotline: +359 700 111 22
(3) ADR platform (Alternative Dispute Resolution)
If a dispute arises that cannot be resolved with the ONLINE SHOP, you can use the official website: ec.europa.eu/consumers/odr
3. GENERAL PROVISIONS
Art.3. USER within the meaning of these General Terms and Conditions of Use may be a legal entity or a person who wants to purchase goods or services offered by this ONLINE STORE.
Art.4. GOODS within the meaning of these General Terms and Conditions of Use are any goods and/or services offered by ONLINE STORE.
Art.5. These Terms and Conditions of Use are binding force for SUPPLIER and USERS of this ONLINE STORE. When filling in the electronic form for registration and making a contract statement by choosing/filling: "accept General Terms and Conditions" field, USER makes an electronic statement in the meaning of Electronic Document and Electronic Signature Law and declares that is familiar and accepts these General Terms & Conditions of Use.
Art.6. Identifying the USER in order to reproduce his/her statement, both for the acceptance of the Terms and Conditions and for the official order is done through the log files stored on the servers on the web site: mastech.bg and/or storage of USER’s IP address; storage of email messages; recording of phone calls; as well as any other information necessary to identify the USER.
II. CONTRACT BETWEEN VIKIWAT LTD AND USER
Art.7. Goods and services shown and offered at ONLINE STORE do not constitute a legally binding offer to USERS but should be considered as a demonstrative online catalogue describing the SUPPLIER's product line and range.
Art.8. As To be able to purchase goods and services from this ONLINE STORE, the USER should meet the following conditions:
8.1. To have a correct and valid address for the territory of which delivery is intended (only Bulgaria).
8.2. To fill correctly the electronic registration form and create a profile.
8.3. To be familiar with and to agree to these Terms & Conditions for usage of this ONLINE STORE.
8.4. To fill in a correct and valid contact phone number; a valid email address, delivery and billing addresses (if necessary); name, surname and contact details for delivery.
8.5. To confirm the online order by phone or by e-mail upon request from the ONLINE STORE.
8.6. To provide an access for delivery for the shipping company.
8.7. To pay the order’ amount as well as transport cost for the delivery, if there are no conditions for free delivery in time of promotional activity.
8.8. After clicking the button: "Confirm Order", USER agrees to officially purchase the goods stored in "Shopping Basket" section. This action has a legally binding force. USER receives a formal confirmation by email and upon receipt of this confirmation the contract is deemed to have already been concluded. SUPPLIER may request additional confirmation including by phone and or via e-mail for additional clarifications of the order or delivery details. In the event that information requested above is refused to be given to the SUPPLIER, this automatically leads to cancellation of the order, with or without further notice of the USER.
8.9. SUPPLIER may terminate the use of the ONLINE STORE in case of unauthorized access, inappropriate actions or in violation of the laws of the Republic of Bulgaria.
8.10. RESTRICTIONS: Users of ONLINE STORE are not allowed to:
- Copy, distribute or use texts, images, video, banners, pictures or other information of the site without approval permission of the SUPPLIER;
- Overload the system with fake orders, fictitious queries or other similar information.
Art.9. Upon completion of order, the USER will receive automatic confirmation to a given valid e-mail address. From this moment application is considered accepted and enforceable by the SUPPLIER. In case of impossibility to execute part of the order or the whole order, USER will receive additional email or a phone call as to be notified the situation.
Art.10. SUPPLIER reserves the right to reject delivery of confirmed order in case products are not available. If a product is out of stock, SUPPLIER informs USER within three (3) working days by sending an official email with information. If a payment was already completed to SUPPLIER´ account, USER will be able to choose between cancellation of the order and a full refund or accepting a substitute order within 3 working days. If a USER request to be reimbursed with a full refund but this was not expressed within the terms under the preceding sentence, SUPPLIER shall refund to the USER full amount paid within 14 days.
Art.11. Conditions described on the invoice/receipt provided to the USER upon delivery, the order placed via ONLINE together with these General Terms & Conditions constitute a complete and official regulation of the contract relations for two parties, except if USER has signed a separate purchase contract with SUPPLIER under other agreed terms and conditions.
Art.12. The contract language is Bulgarian (BG) and payments will be done in Bulgarian levs (BGN) with VAT incl. If it is not stated whether final amount include or not VAT (value added tax), then VAT is always included. SUPPLIER reserves the right to request from the USER to submit the documents necessary for the conclusion and/or execution of the contract, according to the requirements of the Bulgarian legislation.
III. DELIVERY AND RIGHT OF WITHDRAWAL
Art.13. When an online order is placed by the USER, an automatic order confirmation will be sent/receive to the given email address by which the SUPPLIER officially informs that the order is well received in the system. A technical assistant may contact the USER by phone as to request further confirmation and/or clarification for delivery details if needed. In case that the requested information is not confirmed by phone, this automatically leads to official cancellation of the order without any further notice or status change.
Art.14. SUPPLIER reserves the right to reject any online order due to not enough availability or for any other reason by officially notifying the USER of the refusal and the reason behind it. The available goods are processed and dispatched by shipping company to USER within the specified delivery time according to selected service.
Art.15. Optional ways for payment of orders from ONLINE STORE are:
- Cash on delivery paid directly to the shipping company presentative upon delivery (for Bulgaria only);
- By a wire transfer (bank transfer) to:
Commercial Bank D AD
BG83DEMI92401000101947 (in BGN)
Art.16. Upon confirmation of the order, the goods are delivered with a shipping company SPEEDY depending on delivery terms of the SUPPLIER and specify at the ONLINE STORE. SUPPLIER is not responsible for any delay of delivery if this delay is due to shipping company or other supplier. In case of incorrect or wrong provided address, contact person and/or phone number during check out, SUPPLIER is not bound by any obligation to fulfil the order or to deliver it again.
In such cases SUPPLIER has the right to refuse shipping of new orders from same USER’ account.
Art.17. All online orders are delivered by a shipping company to the specified address in the USER’s account within 2 to 5 working days (depending on the goods and the address location/ schedule for delivery at SPEEDY). A longer delivery period is also possible for products that are subject to USER'S special delivery. For each product with such special delivery terms is provided information in the description on ONLINE STORE’ product page. In this case deadlines will be clarified and confirmed in advance with USER via email or by phone call.
Art.18. All deliveries are only for territory of Bulgaria and with shipping company SPEEDY. If the USER chooses a delivery option for Speedy’ office, this should be added in the box: Additional information before check out. For city of Plovdiv all deliveries can be performed under the conditions of Speedy Urban Courier service.
Art.19. Upon delivery products should be carefully inspected by the USER or the authorized person (third party authorized). All possible damages should be described in Damage Protocol provided by the shipping company and filled in courier´ presence. USER shall keep a copy of this Damage Protocol Statement and shall immediately notify the SUPPLIER for the situation by email: firstname.lastname@example.org in order to exercise USER’ rights.
Art.20. Upon delivery of the GOODS, USER or a third authorized person shall sign all necessary documents. A third authorized person is any person who is not the owner of the order but accepts the delivery of the goods and has accepted the delivery at the address specified by the USER.
Art.21. In the event of a refusal of the ORDER, except for the cases described below, the refusal shall be considered unfounded and USER owes all the cost of delivery and back return to the SUPPLIER. In the event that USER is not found within the terms of delivery, the delivered address is either not provided with access and conditions for delivery of the goods within this period, SUPPLIER shall be exempt from the obligation to deliver the goods ordered again. If the USERR has complete a bank transfer to the SUPPLIER's account, in the cases specified in this provision, SUPPLIER will refund to USER the amount paid without transport cost fees within 14 days.
Art.22. If delivered goods do not correspond to purchase goods by the USER, if they are faulty or miss described, the USER has a legal right to request a replacement, a repair or to obtain a full or partially refund within 24 hours of receipt. In this case it is necessary the USER to contact the SUPPLIER by email or by phone and to wait for an employee of Claim Department to contact him/her for further assistance.
Art.23. USER has the right to end the contract with SUPPLIER and to apply his right of withdrawal without being obliged to pay penalty and without providing a specific reason for his decision to reject the order from ONLINE STORE. This right of withdrawal can be applied within 14 days from the date of receipt of the goods by the USER when the requirements of Art. 52., Art. 54. and Art. 55. of Consumer Protection Act (CPA) are valid. Official USER's denial should be applied in the following manner and under the following conditions:
23.1. USER should inform the SUPPLIER in advance for this decision by sending in a writing form his decision of withdrawal to the following email address: email@example.com
23.2. The right of withdrawal may be exercised by the USER easily by filling section: „EXERCISE OF THE RIGHT OF WITHDRAWAL" which is located in the footer area on home page of ONLINE STORE.
23.3. The 14-days period shall be deemed to be complied with only if the written notice has been sent to SUPPLIER before its expiration. Within the same time period (14 days), the USER should send back the product(s) in original packaging, with complete equipment and necessary documentation, without any damages and/or missing parts of the goods/devices to the following address:
VIKIWAT LTD, Plovdiv, 4002, 3 Mostova Str., For Claims Department - MASTECH
23.4. All shipping and other costs of order’s return are entirely at the expense of the USER. In the event of loss of the goods prior to receipt by the SUPPLIER, the USER owes compensation in the amount of its value according to the current PRICE POLICY in the ONLINE STORE.
23.5. The SUPPLIER has no obligation to reimburse the additional cost of delivering the goods when the USER has explicitly chosen a way of delivering the goods other than the cheapest type of standard economy delivery offered by the SUPPLIER.
24.6. In the cases when the USER has not fulfilled the requirements for return of the supplied goods, the SUPPLIER has the right to refuse the return of the paid amounts or respectively to deduct the amounts of the services used from the amounts owed to the USER.
23.7. The USER shall not be entitled to withdraw from the Contract in the following cases:
- In the case of a supply of goods which, by their nature, may deteriorate or have a short shelf-life;
- When delivering sealed goods that have been printed after delivery and cannot be returned for reasons of hygiene or health protection;
- In all other cases provided for by law.
IV. PRODUCT PRICES AND DELIVERY
Art.24. The prices listed in ONLINE STORE do not include shipping fees. Shipping fees are added before check out and USER can see them clearly. The costs of payment method: Cash on Delivery and insurance of the goods is at the expense of the SUPPLIER.
Art.25. All prices in ONLINE STORE – mastech.bg are in Bulgarian Lev (BGN) and have VAT included.
25.1. Prices at ONLINE STORE and prices at SUPPLIER’s offline store may vary. SUPPLIER reserves its right to make special promotions online, to offer hot deals and promo codes that are not valid in offline stores.
25.2. Shipping cost is NOT included in the price of the products and is paid separately. It is fixed and visible before finalizing the order during check out.
25.3. All promotions such as free delivery for a specified period of time or for exceeding a minimum order amount, as well as promo code or additional discounts are valid only for online orders. They cannot be obtained on orders placed by telephone or by e-mail / email / contact form.
25.4. Upon request for purchase from ONLINE STORE, in case there is a price discount provided for the respective product, the USER will be able to benefit from the discount on which he is entitled.
25.5. All online orders with chosen payment method: Cash on Delivery will be dispatched by the SUPPLIER with shipping company SPEEDY and delivered within Bulgaria only.
25.6. Unsolicited and unsuccessful for delivery orders within 7 days are automatically cancelled in the ONLINE STORE’ system without further notice to the USER.
25.7. SUPPLIER reserves the right to correct errors and/or to update the contents of this ONLINE STORE at any time and without any notice which includes products and price changes. These changes will not affect already any previously online order which are received and confirmed. They will be processed and delivered under the conditions that were current at the time of the confirmation of the respective order.
V. RIGHTS AND OBLIGATIONS OF THE USER
Art.26. USER has the opportunity to view and order the offered products in this ONLINE STORE. The USER may order goods only as a registered user with account.
Art. 27. The USER has the right to be informed about the status of his/her online order.
Art. 28. The USER bears full responsibility for the protection of their username and password as well as for all actions performed by them or by a third party by using their account in this ONLINE STORE. The USER is obliged to immediately notify the SUPPLIER for each case of unauthorized access by using his username and password and whenever there is a danger of such use.
Art.29. The USER is obliged to pay the price of his order according to the information given in ONLINE STORE.
Art.30. Each USER whether a customer or not of the SUPPLIER undertakes:
30.1. Not to violate and disrespect the fundamental rights and freedoms of citizens and human rights in accordance with the Constitution and the laws of Republic of Bulgaria and the recognized international laws.
30.2. Not to harm the reputation of another person/entity and not appeal to violations of the existing legal order.
30.3. Not to violate any foreign property or immaterial, absolute or relative rights and interests such as property rights, intellectual property rights and others.
30.4. To comply with Bulgarian law, applicable foreign laws, moral rules, good manners and Internet ethics when using this ONLINE STORE.
30.5. To inform immediately the SUPPLIER for any case of violation of this ONLINE STORE.
30.6. Not to upload, transmit, distribute or otherwise use and disclose to third parties software, computer programs, files, applications or other materials containing computer viruses, unauthorized remote control systems, computer codes or materials intended to interrupt, hinder, distort or restrict the normal functioning of computer hardware or software or telecommunication facilities or aiming at unauthorized intrusion or access to foreign resources and or software.
30.7. Not to perform malicious actions.
30.9. The USER is obliged to indicate a valid telephone number, a valid delivery address and a valid e-mail address; to pay the price of the goods for the online order; to pay for the delivery cost when it is not free of charge; and to provide access and the opportunity to receive the delivery from the shipping company.
30.10. The SUPPLIER is the creator and owner of this ONLINE STORE and gives the USER the right to check and read all published material for non-commercial personal use only, subject to and in compliance with all copyrights and trademarks. This ONLINE STORE is under the protection of copyright and related rights and any unauthorized use may be a copyright infringement, trade mark rights or other legal provisions. Their use on other websites is forbidden!
VI. RIGHT OF CLAIMS
Art.31. When the goods do not conform to the order, the SUPPLIER is obliged to bring it in line with the order for its cost. Alignment of the consumer goods in accordance with the order must be made within one month (30 days) from the date of the claim by the USER.
Art.32. After a expiry of the term under the previous clause, the USER shall have the right to cancel the contract and to be reimbursed with the amount paid within 7 working days or to demand reduction of the price of the consumer goods according to Art. 114. of the CPA.
Art.33. The corrective act from SUPPLIER in order to provide the goods in accordance with the sales contract is free of charge for the USER. USER does not owe any cost to dispose of consumer goods or materials and labour related to the repair and should not suffer any significant inconvenience.
Art.34. Upon receipt and only upon payment of the delivery fees, the USER shall have the right to check the contents of the shipment for correspondence with the application. After payment of the goods and before signing the name/ surname and signature as the recipient of the documentation from the shipping company, the USER must ensure the integrity of the package.
Art.35. In the event of damage of the packaging together with a presentative of the shipping company SPEEDY an official Damage Protocol should be prepared in two copies describing the condition of the packaging and the status of the available contents of the shipment.
Art.36. Claims concerning type and integrity of the shipment should be officially laid in the presence of a delivery company at the time of receipt of the shipment or before the USER leaves the carrier’s office (upon receipt of the shipment from the office). Afterwards the USER has the right to cancel its order within 14 working days of receipt of the goods if they are not used except for a test of proper work (functionality of the product, matching of the size) the integrity of their packaging is not impaired and have a commercial appearance (all labels, stickers must be on the item/package).
Art.37. If a defective product is received and in case of undamaged items and packaging, SUPPLIER undertakes to replace the product with a new according to the guarantee conditions of the respective producer company or to refund the value of the goods paid by the consumer under Art. 55. of the CPA as of the date of which the USER has exercised his right of withdrawal.
After this period expires or in case of violation of the commercial appearance or the packaging of the goods, the repairs of the goods shall be paid by the USER. The transportation and other costs to send/receive the goods are at the expense of the USER.
Art.38. In the case of non-conformity of the goods with the characteristics/parameters specified in the ONLINE STORE’ description, the SUPPLIER refunds the entire amount paid by the USER according to Art. 59. Paragraph 3 of the CPA and within 14 days of receipt of the goods in the same way in which the amount has been paid by the USER.
Art.39. If the shipment is damaged or fragmented, the claim will only be accepted in the presence of a courier - as soon as the goods are received. SUPPLIED does not accept claims in the event when USER accepts such a shipment and does not perform its claim to the carrier.
Art.40. Upon receipt and payment of the goods the USER may exercise its right of Claim or Refund in the following cases and time limits:
- If during operation it shows defects provided as warranty.
- In the cases provided for in Article 69, para. 3 of the IPPC.
Art.41. Electronic components, accessories and spare parts are not subject to warranty claims. Guarantee for them is only taken if they have a production issue/damage/defects.
Art.42. When the products are covered by a warranty period offered directly by the manufacturer and the USER is provided with a warranty card showing the addresses and telephone numbers of official warranty service centres, the USER is addressed directly to those repair service points. Transportation costs to the workshop are at the expense of the USER. The EU warranty for end users is 24 months from the date of purchase.
VII. RIGHTS AND OBLIGATIONS OF THE SUPPLIER
Art.43. The SUPPLIER has no obligation and objective ability to control the way the USER uses the purchased goods.
Art. 44. The SUPPLIER has the right but not the obligation to keep materials and information on the server of ONLINE STORE.
Art.45. The SUPPLIER is entitled at any time without notice to the USER when he uses the services in breach of these General Terms and Conditions and at the discretion of the SUPPLIER to terminate, suspend or change the offered goods.
Art.46. The SUPPLIER is not liable to USER and third parties for any damages suffered and lost profits resulting from the termination, suspension, modification or limitation of the product range; deletion, modification, loss, unreliability, inaccuracy or incompleteness of messages, materials or information transmitted, used, recorded, or made available via this ONLINE STORE.
Art.47. After the receipt of the payment, the SUPPLIER undertakes to transfer to the USER the ownership of the goods ordered, to deliver the goods ordered for purchase within the time limit, to check the technical condition of each item before sending it (if this is possible without the integrity of the package is impaired).
Art.48. The SUPPLIER is not liable for damages caused to the software, hardware or telecommunication equipment or for the loss of data arising from materials or resources searched, loaded or used in any way through the goods offered. The advice or assistance provided by the SUPPLIER's specialists and employees in connection with the purchase of the SUPPLIER's goods does not give rise to any liability for the SUPPLIER.
Art.49. The SUPPLIER shall not be liable for any failure to fulfil its obligations under these General Terms & Conditions in the event of circumstances that the SUPPLIER has not foreseen and was not obliged to foresee - occasional events, problems in the global Internet network and the provision of goods beyond the SUPPLIER's control.
Art.50. SUPPLIER issues a sales document for each transaction and online order vis this ONLINE STORE. This is always an invoice/ receipt with VAT included. Such an invoice is always received by all customers. SUPPLIER may establish a condition for issuing an invoice with VAT depending on the submission of supporting documents. The terms apply to all users.
VIII. LIMITATIONS OF THE SUPPLIER 'S LIABILITY
Art.51. The SUPPLIER is not responsible for websites and their content which are not part of domain: mastech.bg. SUPPLIER does not undertake to pursue any website linked to illegal content of copyright, pornography, racism and any other acts prohibited by the laws of Republic of Bulgaria. In the event that USERS has noticed such violations, they undertake to notify the ONLINE STORE as to remove the link to the offending site.
Art.52. The SUPPLIER is not responsible for possible incidental deficiencies related to the actuality of the information contained in the ONLINE STORE; is not responsible for the consequences, incl. any damage caused by or in any way connected with the access or use of ONLINE STORE; is not responsible for the integrity of the ONLINE STORE’ information from computer viruses or other threats. The information displayed in ONLINE STORE is in compliance with the applicable legislation and its use by the USERS is voluntary and on their own initiative.
Art.53. The SUPPLIER is not responsible for the completeness, validity, and substance of the information contained on the linked sites.
Art.54. The SUPPLIER does not guarantee trouble-free and uninterrupted access to the domain: mastech.bg
Art.55. The SUPPLIER is not responsible for the depletion of the stock.
Art.56. The SUPPLIER is not responsible for any inaccuracies in the product information submitted by the manufacturer.
Art.57. The SUPPLIER is not responsible for delaying or failing to fulfil its obligations for reasons beyond its control.
IX. ENTRY INTO FORCE AND AMENDMENTS
Art.58. These General Terms & Conditions of Use shall enter into force as of August, 2019. These General Terms & Conditions of Use may be amended unilaterally by the SUPPLIER at its sole discretion at any time or in order to meet the requirements of the applicable legislation. It is the USER's responsibility to check them at any time before using this ONLINE STORE.
X. SETTLEMENT OF DISPUTES
XI. APPLICABLE LAW
Art.60. Bulgarian law shall apply to the application and interpretation of these General Terms and Conditions of Use.
Last update: 31 July, 2019