Art.1 The following general conditions are meant to regulate the relations between Company :
EDREHI 2016 LTD. SOFIA BULGARIA BG203827345
with sign-up address,called further down SUPPLIER for the sake of brevity, and clients, called further down USERS, of the platform for electronic trade EHainele.net, called further down EHainele.net and goods suppliers in it.
II. PLATFORM SUPPLIER’S DATA
Art.2 Information according to the Electronic trade law and Personal data protection:
1. Name of the Supplier: Company : EDREHI 2016 LTD. SOFIA BULGARIA BG203827345
2. Address of business: Company : EDREHI 2016 LTD. SOFIA BULGARIA BG203827345
3. Address where business is carried on and address for making complaints from the users: Company : EDREHI 2016 LTD. SOFIA BULGARIA BG203827345
4. Correspondance data:Company : EDREHI 2016 LTD. SOFIA BULGARIA BG203827345
III. PLATFORM CHARACTERISTICS
Art.3. EHainele.net is a platform for electronic trade, accessible at the Internet address EHainele.net, with which the Users can make contracts for sale-trade and delivery of the offered from the platform suppliers goods, including the following:
1. Make a registration and profile creation in order to look through the electronic shop of the Supplier in the platform EHainele.net, and the use of additional services to give information;
2. Look through the goods, their characteristics, prices and delivery terms;
3. Conclude an agreement with the suppliers for sale-trade and delivery of the goods, offered from the suppliers in the platform EHainele.net;
4. Make all payments connected with the made agreements through the platform EHainele.net electronic payment resources.
5. Receive information for new goods, offered by the suppliers in the platform EHainele.net;
6. Make electronic statements connected with the contract conclusion or execution with the suppliers in the platform EHainele.net through the site’s interface at EHainele.net, available on the Internet.
7. To be informed for the rights of the law, mostly by the interface of the platform EHainele.net in the Internet;
8. To use their right of refusal, when it’s applicable, according to the User protection law.
Art. 4. Suppliers in the platform EHainele.net organise goods delivery and guarantee the rights of the Users, provided in the Law, in the limits of conscientiousness, taken in practice, user’s or trader’s rights criteria and conditions.
Art. 5. (1) The Users conclude goods sale-trade contract with the suppliers in the platform EHainele.net , at address EHainele.net. The contract is concluded in ENGLISH and is kept in the data base of the Supplier in the platform.
(2) According to the concluded goods sale-trade contract with the Users, the supplier in the platform EHainele.net must organize the delivery and property transfer to the User of the chosen goods through the interface of the platform. The Users have the right to correct mistakes in the information induction not later than the statement sending for contract conclusion with the specified supplier in the platform EHainele.net.
(3) The Users pay the Supplier of the platform or the specified selected supplier in the platform EHainele.net a reward for delivering the goods according to the conditions, defined in the platform EHainele.net and the present general conditions. The reward is the price announced in the platform.
(4) With the platform EHainele.net is chosen the person, that is going to make the delivery of the goods ordered from the User in the terms and conditions, defined in the platform EHainele.net and according to the present general conditions.
Art. 6. (1) The User, Supplier and individual suppliers in the platform EHainele.net agree that all statements between them, connected to the conclusion and execution of the sale-trade contract can be done in electronic way and with electronic statements according to the Law of the electronic document and electronic signature and art.11 of the Electronic trade law
(2) It is assumed that the electronic statements are done by the people, given in the data, provided by the User during the registration, if the User has entered the specified name and password.
ІV. REGISTRATION FOR USING EHainele.net
Art.7.(1) In order to use EHainele.net for goods sale-trade contracts conclusion, the User must enter his chosen name and password or to go through the procedure for “Fast order” on the Supplier’s site, which is considered as acceptance of the present general conditions.
(2) The name and password are defined by the User, by making an online registration in the site of the Supplier in the platform EHainele.net, according to the specified procedure.
(3) By filling in the date and pressing the buttons “Registration” or “Enter with facebook”, the User declares that he has read the general conditions, he agrees with their content and must respect them unconditionally. It is considered that the User is familiar with the general conditions and accepts them if he has passed through the procedure for “Fast order”.
(4) The supplier of the platform EHainele.net confirms that the User has made a registration, by sending an e-mail at the given from the User electronic address. User’s account is made and between him and the Supplier in the platform EHainele.net arise contract relations.
(5) When making a registration the User must give true and actual data. The user must update the data, entered in the registration, if there are changes.
V. TECHNICAL STEPS FOR SALE-TRADE CONTRACT CONCLUSION
Art.8. The users use mainly the interface of the site of the Supplier in the platform EHainele.net, in order to conclude a sale-trade contract for the offered by the suppliers goods in the platform EHainele.net.
Art.9. The users conclude a sale-trade contract for the goods in the platform EHainele.net according to the following procedure:
(2) Enter the system and make orders in the platform EHainele.net by identifying with name and password;
(3) Choose one or more of the offered by the suppliers goods and add them to the list of goods for purchase in the platform EHainele.net.
(4) Choose goods from the list of goods for sale of the suppliers in the platform EHainele.net, for which is going to be concluded a sale-trade contract;
(5) Give the data for delivery;
(6) Choose method and time for paying the price.
(7) Confirm the order.
VІ. CONTRACT CONTENTS
Art.10.(1) The suppliers in the platform EHainele.net and the Users conclude separated sale-trade contracts for the goods, declared by the Users, regardless of being chosen with one electronic statement and from one list of goods for sale.
(2) The supplier in the platform EHainele.net can organize together and in the same time delivery of the ordered with different sale-trade contracts goods. The delivery of the ordered from the Users goods is done in the chosen through the platform EHainele.net supplier of the specified good, for which the User is informed in the moment of delivery.
(3) The rights of the User according to the delivered goods are practised separately for each sale-trade contract. The rights practising connected with a delivered good doesn’t affect and doesn’t have action referring to the sale-trade contracts for the other goods. If the User has the quality of a user according to the meaning of the Law for user protection, the rights of refusing of the sale-trade contract for specified good doesn’t refer to the sale-trade contracts for other goods delivered to the user.
Art.11. If the User practises his rights according to the sale-trade contract he must indicate the exactly and unambiguously the contract and good, according to which he is practising the rights.
Art. 12. The user can pay the price for the separate sale-trade contracts at once after the goods order is done or with their delivery.
VІІ. SPECIFIC CLAUSES, APPLIED WITH PEOPLE, BEING USERS ACCORDING TO USER PROTECTION LAW
Art.13 The rules that the present Section VII from those general conditions are applied only for Users, that according to the data, indicated for sale-trade contract conclusion or registration on EHainele.net, can reach a conclusion, that are users according to the User protection law, Electronic trade law and/or Directive 2011/83/EO of the European parliament and the Council from October 25, 2011.
(2) The price of the goods with all taxes and fees included are defined by the Supplier in the platform EHainele.net and the chosen by him suppliers in the profile of each good in the platform EHainele.net.
(3) The prise of the post or transport expenses, not included in the price are defined by the Supplier in the platform EHainele.net and is provided as information to the Users when choosing the goods for concluding sale-trade contract;
(4) The payment methods, delivery and contract conclusion are defined in the present general conditions and the information, provided to the User with the mechanisms in the platform EHainele.net.
(5) The information, provided to the Users according to that article is actual to the moment of its visualisation in the platform EHainele.net before the sale-trade contract conclusion.
(6) The users agree that the whole exigible from the User protection law information can be provided with the interface of the platform EHainele.net or e-mail.
Art. 15 (1) The user agrees that the suppliers in the platform EHainele.net have the right to accept an advance payment for the concluded with the user sale-trade contracts for goods and their delivery.
(2) The user can choose separately if he wants to pay the suppliers in the platform EHainele.net the price for goods delivery before or at the moment of their delivery.
(3) If the price of the User’s order is equal or above 15 000lv., the payment is done only with transaction or deposit on payment account of the Supplier.
Art. 16 (1) The user has the right, without paying a compensation or penalty and without pointing out a reason to refuse the concluded contract within 14 days, after the date of accepting the good from the chosen through the platform EHainele.net suppliers with the integrated form for refusal from the contract, available at the site of the Supplier in the platform EHainele.net on address http://ehainele.com/ro/terms-and-conditions and in Application № 1 of these general conditions. Information for the right of refusal is available at http://ehainele.com/ro/terms-and-conditions and in Application № 2 of these general conditions.
(2) The right of refusal according art.2 isn’t applicable in the following cases:
1. for the delivery of goods, made by user’s order or according to his individual requirements;
2. for delivery of goods, that because of their character can worsen their condition or have short expiration period;
3. for delivery of packed goods, that have been unpacked after their delivery and can’t be returned because of reasons, connected with hygiene or health protection;
4. for delivery of goods, that after being delivered because of their nature have been mixed with other goods, and can’t be separated from them;
5. for delivery of packed sound or video records or packed computer software, that have been unpacked after delivery;
6. for delivery of newsletters, periodical editions or magazines with the exception of subscription contracts for the delivery of such editions;
(3) When the supplier in the platform Httр://www.EHainele.net hasn’t done his obligations to give the information defined by the User protection law, the User has the right to refuse the concluded contract within 1 year and 14 days from the date of the good acceptance. When the information is provided to the user in the time for refusal, it starts from the date of its presentation. The user has the right to send the refusal declaration according to that article directly to the specified supplier with the individual form for refusal from the contract, available at the site of the Supplier in the platform Httр://www.EHainele.net on address Application № 1 of these general conditions.
(4) When the User has practiced his right of refusal from the contract distantly or from the contract out of the trading building, the supplier, to whom is done the payment, restores all sums, accepted by the user, including the delivery expenses, without unjustified delay and within 14 days, after the date that he’s been informed for the decision of the user to cancel the contract. The supplier restores all sums accepted by using the same payment resource, used by the user in the primary transaction, unless the user has specifically accepted the use of other payment resource or in condition that this is not connected with expenses for the user.
(5) When practising the right of refusal, the return expenses for the delivered goods are deducted from the sums for recovery according to art.4. , except the cases when the user organises alone and for his own account the return of the goods. The supplier is not obliged to restore the additional expenses for goods delivery, when the user specifically has choses delivery way for the goods, different than the cheapest kind standard delivery, offered by the Supplier.
(6) When choosing payment method – with delivery, with check and test, the user can use his right of refusal immediately in front of the person from the courier company. In this case he must instantly give him the good and pay for the transport expenses for its return to the supplier.
(7) The user must keep the accepted from the Supplier in the platform goods in order to provide the preservation of their quality and safety in the terms according to article.1.
(8) The user can use his right of refusal from the contract with the Supplier by sending written statement to the Supplier with the standard form for refusal from the contract, available at address in the platform Httр://www.EHainele.net and in Application № 1 of these general conditions.
(9) When the supplier in the platform Httр://www.EHainele.net hasn’t offered to collect the goods alone, he can keep the payment of the sums to the user until he receives the goods or until the user gives proof that he has sent the goods back, depending on the sequence of actions.
Art.17 (1) The time of good delivery is defined for every good separately when concluding the contract with the user with the site of the Supplier in the platform EHainele.net
(2) In case that the User and the Supplier in the platform EHainele.net haven’t defined time for delivery, the time for goods delivery is 30 days, from the date following the sending of the user’s order to the individual supplier through the site of the Supplier in the platform EHainele.net
(3) If the Supplier in the platform EHainele.net can’t fulfill the contract because of the lack of the ordered goods, he must inform the user and restore him the paid sums.
Art. 18. The Supplier in the platform EHainele.net must meet all requirements, established by the HONG KONG
legislation according to the labelling, advertisement and sale of nutritional supplements.
VІІІ. CONTRACT EXECUTION
Art. 19 (1) The user in the platform EHainele.net can organize the delivery and handing over of the good to the User from the corresponding supplier in defined with the contract conclusion period.
(2) If the period according art.1. isn’t specified between the sides when concluding the contract, the supplier in the platform EHainele.net organizes the delivery and handing over of the good from the supplier or distributor in reasonable period not longer than 2 months.
Art. 20 (1) The User must examine the good in the moment of delivery and handing over and if it doesn’t meet his requirements he must inform immediately the Supplier in the platform EHainele.net
(2) If the User doesn’t inform the Supplier in the platform EHainele.net according to art. 1 the good is considered to be approved as meeting the requirements unless it has hidden defects.
Art. 21. The suppliers in the platform EHainele.net aren’t obliged to provide the needed service for the good.
Art. 22. For unsettled in this section cases are used the rules for trade sale, defined in the Trade law.
ІХ. PERSONAL DATA PROTECTION
Art. 23 (1) The supplier in the platform EHainele.net takes measures to protect the personal data of the User according to the Personal data protection law.
(2) Because of security reasons of the User’s personal data, the Supplier in the platform EHainele.net will send the data only to the e-mail address entered from the Users in the moment of registration.
(3) The Supplier in the platform EHainele.net has the right to keep data in the final communication device of the User, unless he has specifically disagreed with this.
(4) The User accepts that the Supplier of the platform EHainele.net has the right to collect, keep and process electronic messages to the User at all times, including bulletin or offers for goods purchase, as long as there is registration of the User in the electronic shop of the Supplier in the platform EHainele.net
(5) The User accepts that the Supplier of the platform EHainele.net has the right to collect, keep and process date for the behavior of the User while using the electronic shop of the Supplier in the platform EHainele.net
Art. 24. (1) In each moment, the Supplier in the platform EHainele.net has the right to require from the User to establish his identity and to certify the authenticity of each condition or personal data provided during the registration.
(2) If for some reason the User has forgotten or lost his name or password, the Supplier of the platform EHainele.net has the right to use the announced “Procedure for lost names and passwords” available at address: http://fashionmix.eu/bg/customer/account/forgotpassword/
Х. CHANGE AND ACCESS TO THE GENERAL CONDITIONS
Art. 25. (1) The present general conditions can be changed from the Supplier of the platform EHainele.net, for which he will inform in appropriate way all registered Users.
(2) The supplier in the platform EHainele.net and the User agree that every addition or change of these general conditions will have action towards the User in one of the following cases:
a) after his informing from the Supplier in the platform EHainele.net and if the User doesn’t declare in the given 14-day period that he doesn’t accept them; or
b) after their publishing on the site of the Supplier in the platform EHainele.net and if the User doesn’t declare in the given 14-day period from their publishing that he doesn’t accept them;
c) with its special acceptance from the User from his profile in the site of the Supplier in the platform EHainele.net
(3) The user agrees that all statements of the Supplier in the platform EHainele.net connected with the change of these general conditions will be sent on the e-mail provided from the User during registration. The user accepts that the e-mails, sent according to this article don’t have to be signed with electronic sign to have an action on him.
Art.26. The supplier in the platform EHainele.net publishes these general condition on address htttp://fashionmix.eu/bg/fashionmix-terms, together with all additions and changes in them.
Art. 27 The present general conditions and contract of the User with the Supplier in the platform EHainele.net are terminated in the following cases:
* with termination and liquidation announcement or bankruptcy announcement of one of the sides in the contract;
* with mutual agreement of the sides of the contract in written form;
* with objective impossibility of one of the sides in the contract to fulfil its obligations;
* with confiscation or sealing of the equipment from state bodies;
* in case of erasure of the User’s registration in the platform EHainele.net. In this case the concluded, but not executed contracts for sale-trade are acting and are an object of execution;
Art. 28. The supplier in the platform EHainele.net has the right to use his own discretion to send notification and without paying compensation to end the contract one-sidedly, in case he finds out that the User uses the platform EHainele.net in violation of the present general terms, the legislation of HONG KONG, the generally acknowledged moral norms or the generally acknowledged terms and practice in the electronic trade.
Art. 29. The user is obliged to compensate and free from responsibility the suppliers in the platform EHainele.net and the Supplier in case of law claims and other claims of third persons (regardless of the fact that they are justified or not), for all damages and expenses (in this figure lawyer fees or court expenses), resulting or connected with (1) non-fulfilment of some of the obligations in this contract, (2) violation of author’s, producer’s rights of broadcasting or other rights over intellectual or industrial property, (3) illegally transfer to other people of the rights provided to the User in the period and conditions of the contract and (4) wrong declaration of the availability or unavailability of the quality user according to the User protection law.
Art. 30. The supplier in the platform EHainele.net isn’t responsible in case of irresistible forces, casual events, problems in the Internet, technical or other objective reasons, including orders from the competent state bodies.
Art.31. (1) The supplier in the platform EHainele.net isn’t responsible for harms, caused by the User on third persons.
(2) The supplier in the platform EHainele.net and the chosen by him distributors aren’t responsible for property or not property harms, expressed in missed advantages or endured damages, caused to the User in the process of using or not using of EHainele.net and sale-trade contract conclusion with the Supplier in the platform EHainele.net
(3) The supplier of the platform EHainele.net isn’t responsible for period in which the platform hasn’t been accessible because of irresistible force.
Art.32. (1) The supplier of the platform EHainele.net isn’t responsible in case of overcoming of the safety measures of the technical equipment and that leads to information loss, information spreading, access to information, restraint access to the information and other similar consequences.
(2) The supplier of the platform EHainele.net isn’t responsible in case of concluding a sale-trade contract, giving access to information, loss or change of data occurred as a result of fake identity of a third person, that is introducing for the User if from the conditions can be judged that this person is the User.
ХІІІ. OTHER CONDITIONS
Art. 33. (1) The User and Supplier in the platform EHainele.net ought to protect mutually their rights and law interests, as well as to keep their trade secrets, become their possession in the process of contract execution and these general conditions.
(2) The User and Supplier in the platform EHainele.net ought during and after the period of the contract not to make public possession written or verbal correspondence made between them. The publishing of correspondence in printed or electronic media, internet forums, private or public websites, etc. can be taken for public possession.
Art. 34. In case of contradiction between those general conditions and reservations in special contract between the Supplier in the platform EHainele.net and the User, the clauses of the special contract are applied with priority.
Art. 35. Eventual nullity of some of the orders of these general conditions won’t lead to nullity of the whole contract.
Art. 36. For unsettled in this contract questions, connected with the execution and interpretation of this contract the laws HONG KONG are applicable.
Art. 37. The present general conditions are acting for all Users from 02.06.2015