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General terms and conditions.

GENERAL TERMS AND CONDITIONS OF USE

Dear customers/users, please read carefully the following General Terms and Conditions of Use prior to using the website. If you use this website, it will be considered that you are aware of and accept the General Terms and Conditions. 

These General Terms and Conditions of Use regulate the relationship between NIKAS-EM Ltd. and the persons using the site and the online store located at www.batteryland.com, including the conclusion of the distance contract. These terms and conditions are binding for all users of the site who, by clicking on each object, link or button located within the pages of www.batteryland.com, agree, accept and undertake to comply with these General Terms and Conditions of Use(“General Terms and Conditions”).

NIKAS-EM Ltd. is the owner of the content and operates the online store accessible on the site www.batteryland.com.

Information about the owner in accordance with the Electronic Commerce Act and the Consumer Protection Act:

Name: NIKAS-EM Ltd.

Registered office and management address:  Bulgaria, Sofia, Bone Hadzhibonev Str.

Registration with the Commercial Register of the Republic of Bulgaria – UIC/BULSTAT: 202008407

Registration under the Value Added Tax Act: No. BG202008407

Business address: city of Sofia, 7-9 Liditse Str., floor 2, apartment 5

Telephone: +359888 818 226

E-mailoffice@batteryland.com

 

Supervisory bodies for Bulgaria:

Commission for Personal Data Protection

Address: city of Sofia, 2 Prof. Tsvetan Lazarov Str.,

Tel.: (02) 940 20 46

fax: (02) 940 36 40

E-mail: kzld@government.bg, kzld@cpdp.bg

Website: www.cpdp.bg

Commission for Consumer Protection

Address: 1000 Sofia, 4A Slaveykov Square, floors 3, 4 and 6,

Tel.: 02 / 980 25 24

fax: 02 / 988 42 18

hot line: 0700 111 22

Website: www.kzp.bg

Supervisory bodies in other EU countries:

Data Protection – European Data Protection Board

Consumer ProtectionEuropean Consumer Center – ECC Net

DEFINITIONS

COMPANY means NIKAS-EM Ltd.
CPA 
means the Consumer Protection Act.
PDPA means the Personal Data Protection Act.
WEBSITE or INTERNET STORE means the website  www.batteryland.com
USER, CONSUMER, CUSTOMER means any person using the site  www.batteryland.com
GOODS, ITEM or PRODUCT means any goods offered by the Company.
PERSONAL DATA means personal data within the meaning of the PDPA.
CASH ON DELIVERY means cash on delivery within the meaning of the Postal Services Act.

GENERAL PROVISIONS

The intellectual property rights to all materials and resources placed on the website of the Company (including the available databases) are subject to protection under the Copyright and Related Rights Act, they belong to the company or to the respectively specified entity that has assigned the right of use to the Company, and may not be used in violation of the current laws.

In case of copying or reproduction of information beyond the permitted scope, as well as in case of any other violation of the intellectual property rights to the resources of the Company, NIKAS-EM Ltd. shall be entitled to claim compensation to the full amount of any direct or indirect damages suffered.

Except when explicitly stipulated, the Consumer may not reproduce, alter, delete, publish, distribute or disseminate in any other manner the information resources published on the website.

The use, copying and distribution of any part of the site’s content without the written consent of the Company is prohibited. The publication of photographs, quotes from articles and articles from the “BLOG” section is only permitted when the source is indicated, namely the text must be accompanied by an active link to the original article in the “BLOG” section of the site.

These terms and conditions may be updated at any time without any special notice to the consumers. The Company shall not be liable if the Consumer has failed to read the latest version of these terms and conditions.

In case of any situations arising in relation to unresolved matters, the customer shall be entitled to refer the disputed matters to one of our associates at the correspondence address specified in the “Contacts” section.

The parties declare that, in case any of the provisions of these General Terms and Conditions should prove to be invalid, this shall not result in invalidity of the entire contract or any other parts thereof. The invalid provision will be replaced by the mandatory regulations of the law or the established practice.

The provisions of the current laws of the Republic of Bulgaria shall apply to all matters not settled by these General Terms and Conditions.

  1. SERVICES PROVIDED

The services provided by the Company to the Consumer constitute information society services within the meaning of the Electronic Commerce Act. On the site www.batteryland.com the consumers have the opportunity to enter into a contract for purchase and delivery of the goods offered by the Company.

  1. ORDER

The consumers shall use the site interface in order to enter into contracts for purchase of the products offered by the Company. If any particular goods are not available, the Company reserves the right to refuse the order.

In order to place valid orders for purchase of goods offered at www.batteryland.com, the consumer shall fill in an order form or call the number for customers specified on the site.

When filling in an order form, the customer shall enter the address to be used for delivery, given name and family name, e-mail and contact telephone number(s).

By ticking the field “I agree to the General Terms and Conditions” when placing an order, the customer is making an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, whereby declaring that the customer is aware of the present “General Terms and Conditions” and accepts them.

Orders are accepted by the site 24 hours a day, including during off days and days of official holidays. Upon finalizing the order, at the specified telephone number or e-mail, the consumer will receive confirmation of the information filled in. The consumer may be notified by an operator by e-mail or telephone about each stage of processing of the order (confirmation of availability, dispatch, etc.). The status of the current order may be tracked through the messages sent by e-mail.

The Company reserves the right, in the case of a technical error in the publication of a particular item, to cancel an order that has been placed, but not confirmed. In this case the amounts paid by the consumer for items, with regard to which a technical error has been made, shall be immediately reimbursed by the Company.

III. ISSUES WITH THE FULFILMENT OF AN ORDER

The fulfilment of any order may be hindered, most commonly due to the following reasons:

1) One or all of the ordered goods are not available;

2) No payment has been made (delay of payment) by the consumer, if the consumer has selected a bank transfer or online payment system;

3) The consumer has specified an incorrect or incomplete delivery address;

4) Incorrect/incomplete/missing telephone for contact with the consumer.

  1. PRICES

The prices of the goods offered are those specified on the site at the time of placement of the order, except in the cases of obvious error. In case of technical errors in the publication of prices, the Company shall be entitled to refuse the order and shall not owe any compensation whatsoever to the consumer. The Company shall be entitled to change the prices announced on the site at any time and without prior notice. Such changes shall not affect any orders that have already been placed.

All prices on the site are in Bulgarian levs, including VAT, and shall not be subject to change from the moment of ordering to the moment of payment. The price of items does not include the price of delivery, unless explicitly stated otherwise.

The final price of the order shall be calculated as the sum of the prices of all products ordered and the price of delivery. The price of delivery shall be specified clearly and unequivocally prior to confirmation of the order.

The Company may provide discounts for the goods offered on the site in accordance with Bulgarian law and the rules determined by the Company. Discounts may be provided in various forms – promotions, loyalty discounts, individually provided, at random or as a result of participation in competitions or customer surveys.

The various types of discounts may not be combined.

  1. PAYMENT METHODS

1) Payment upon delivery (cash on delivery): The customer shall pay the amount owed to the courier upon receiving the goods.

2) Payment via bank transfer: Payment of the amount owed shall be made via bank transfer to an account specified by the Company.

3) Payment via ePay.bg: The customer will be transferred to the page of ePay.bg, in order to finalize the transaction; the order processing shall commence upon receipt of payment confirmation from ePay.bg.

4) Payment via PayPal.com: The customer will be transferred to the page of PayPal.com, in order to finalize the transaction; the order processing shall commence upon receipt of payment confirmation from PayPal.com.

5) Payment via bank card: The customer will be transferred to the page of a payment operator.

  1. CONTRACT

The remote sales contract between the Company and the Consumer shall be deemed concluded from the moment of confirmation of the respective order by the Company. Upon placement of any order, the Consumer shall receive a confirmation by e-mail that the order has been accepted. Prior to dispatch of the ordered goods, the Company shall be entitled to contact the Consumer at the specified telephone number in order to clarify details about the order and/or delivery.

The Company shall not be liable for non-performance of any order in the cases when the Consumer has specified incorrect, incomplete and/or inaccurate personal data, including when the consumer has specified an incomplete, inaccurate or fictitious address or telephone number.

If the Customer has elected to pay for the goods by cash on delivery, the distance sales contract shall be deemed cancelled when:

- The Customer fails to pay the courier at the time of delivery;

- The Customer has specified an incorrect or inaccurate address, or is not present at the specified address on the day of delivery and does not answer the telephones listed for contact, in order to discuss the receipt of the delivery with the courier.

VII. DELIVERY OF ORDERED GOODS

Delivery of goods ordered through the online store shall be performed by a courier.

The ordered products shall be handed over to a courier within 1 business day following confirmation of the order. Under extraordinary circumstances, the Company reserves the right to extend the term for delivery, while informing the Consumer in due time.

In case of impossibility or difficulty with regard to personal delivery to the addressee, the shipments shall be delivered as follows: 1. In case of a business address – to a person employed at the address, with indication of the name of the person who received the shipment. 2. In case of a home address – to a member of the household, with indication of the name of the person who received the shipment. In case of impossibility for delivery of the shipment, through no fault of the Company or the courier, the person performing the delivery shall call the contact telephone number of the Customer in order to specify at which office of the courier the Customer may receive the order. In case of impossibility for delivery of the shipment through no fault of the Company or the courier and impossibility to establish contact with the Customer, the distance sales contract shall be terminated automatically.

VIII. ORDER WITHDRAWAL AND RETURN OF GOODS

The Customer shall be entitled, without owing any compensation or penalty and without specifying a reason, to withdraw from the concluded contract within 30 days, as from the date of acceptance of the goods from the supplier through the form for withdrawal from the contract - Appendix No. 1 to these general terms and conditions. Information about exercising the right of withdrawal is accessible in Appendix No. 2 to these general terms and conditions.

In order to exercise the right of withdrawal, the Consumer must notify the Company unequivocally about the decision to withdraw from the contract, by individualizing the goods they wish to return, and providing all information about the fulfilled order and delivery, including, but not limited to: Content and value of the order, data of the person who placed the order, data of the person who accepted the delivery, and date of delivery.

If the Customer has exercised their right to withdraw from the distance contract or from the off premises contract, the supplier shall reimburse all amounts received from the Consumer, including the costs of delivery, without unjustified delay and no later than 14 days as from the date of notification about the Customer’s decision to withdraw from the contract. The Company shall reimburse the received amounts through the same payment method used by the Customer in the initial transaction, unless the Customer has expressed their explicit consent for use of a different payment method or provided that this does not involve any costs for the Consumer.

The Consumer is obligated to return the goods at their own expense, including the receipt and the invoice, if any, by handing them over to the Company or to a person authorized by the latter, within 14 days of the date on which the Consumer exercised their right of withdrawal from the contract.

Upon return the goods must be in their original package, without any traces of use or disruption of the commercial appearance. In case of disrupted commercial appearance of the goods, the Company shall be entitled, at its own discretion, to refuse to accept the withdrawal from the contract or to charge the Customer with the costs of restoring the commercial appearance of the goods.

The Company shall be entitled to postpone the reimbursement of payments until it receives the goods or until it is provided with proof that the goods were sent back, depending on which of the two events has occurred earlier.

If the Consumer has failed to comply with their obligation to return the goods within the aforementioned deadline, without notifying the Company of the delay and without specifying a justifiable reason for it, it shall be deemed that the Consumer has cancelled their statement of exercising the right of withdrawal from the contract.

If the Company has incurred any costs in relation to performance of the contract and the Consumer withdraws from the contract, the Company shall be entitled to deduct the respective amount of the costs incurred or to require their payment.

  1. DATA PRIVACY

The personal data, which the Company receives, shall be used for servicing the consumers – acceptance and fulfilment of orders, provision of information in the form of an information bulletin and contact with the consumers in case of any issues relating to the order. The Company guarantees that the data in question will not be provided in any form whatsoever to third parties or be used for any purposes, other than those listed above, except in the cases stipulated in the current laws.

The consumers who have subscribed to the information bulletin may cancel their subscription at any time.

You can get acquainted with our detailed Data Privacy Policy which is accessible on the site at www.batteryland.com.

  1. DISPUTES

In case of any situations arising in relation to unresolved matters, the customer shall be entitled to refer the disputed matters to one of our associates at the correspondence address specified in the “Contacts” section. Consumers may also use the European platform for online dispute resolution (ODR) accessible at http://ec.europa.eu/odr. It constitutes a uniform access portal which allows consumers and dealers within the EU to settle any disputes arising between them.

Alternative dispute resolution (ADS) between consumers and dealers constitutes voluntary out-of-court conciliation proceedings.

The general conciliation commissions provide assistance in order for the consumers and dealers to reach an agreement in case of disputes relating to contracts for sale of goods and rendering of services. The general conciliation commissions are determined on a regional principle, and the General Conciliation Commission based in Sofia is competent to resolve disputes between the Company and a Consumer.

The consolidated list of recognized ADS bodies of the member states of the European Union can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show 

  1. APPLICABLE LAW

All matters and disputes arising in relation to the Site and/or these General Terms and Conditions shall be resolved in accordance with the current laws of the Republic of Bulgaria.

Appendix No. 1 – Standard form for exercising the right of withdrawal from the contract

Standard form for exercising the right of withdrawal from the contract: 

 

(fill in and send this form only if you wish to withdraw from the contract) 

 

– To NIKAS-EM Ltd., UIC 202008407, Sofia, 7-9 Liditse Str., ground floor, office 4:

– I/we* hereby notify that I am/we are* withdrawing from the contract concluded by me/us* for purchase of the following goods*/for provision of the following service*

– Ordered on .................

– Received on ....................

– Customer’s name ......................

– Customer’s address ..................................

– Customer’s signature (only if this form is on paper) ....................

– Date ..........................................

* Cross out what is not needed.

Appendix No. 2 – Information on exercising the right of withdrawal from the contract

Standard instructions for withdrawal:

Right of withdrawal from the distance contract or the off premises contract.

You are entitled to withdraw from this contract without specifying any reason for that, within 30 days.

The term of withdrawal is 30 days from the date on which you or any third party, other than the carrier and as specified by you, took possession of the goods.

In order to exercise your right of withdrawal, you must notify us at the contact data specified at www.batteryland.com about your decision to withdraw from the contract with an unequivocal statement (for example, a letter sent by post, fax or e-mail).

You may use the enclosed standard form for withdrawal, but it is not mandatory. You may also fill in and submit electronically the standard form for withdrawal or any other unequivocal statement of withdrawal on our website www.batteryland.com. If you use this option, we will immediately send you a message in permanent form (for example, by e-mail) to confirm receipt of the withdrawal.

In order to comply with the deadline for withdrawal from the contract, it is sufficient to send the notice of exercising the right of withdrawal prior to expiration of the deadline for withdrawal from the contract.

Effect of withdrawal.

If you withdraw from this contract, we will reimburse you for all payments received from you, including the costs of delivery (with the exception of any additional costs relating to your chosen delivery method, other than the cheapest standard delivery method offered by us), without undue delay and in any case no later than 14 days as from the date on which you informed us of your decision to withdraw from this contract. We will make the reimbursement to a bank account specified by you; in any case such reimbursement will not involve any costs for you.

We are entitled to postpone the reimbursement of payments until we receive the goods or until we are provided with proof that the goods were sent back, depending on which of the two events has occurred earlier.

You must bear the direct costs of returning the goods. The costs are expected to not exceed the approximate amount of the delivery or the standard courier service.

You are liable only for the reduction in value of the goods as a result of their testing, other than what is necessary to establish their nature, characteristics and proper functioning.

Latest change: 12 May 2021