I. GENERAL PROVISIONS
1. This document contains General Terms according to which "BELLARTI" Ltd. with address registration at 21 "Hristo Botev" Blvd., Sofia 1606, Bulgaria, VAT ID BG204819465, shortly reffered in this agreemenet as MERCHANT, provides services to the USER/CUSTOMER via the internet shop , where USER/CUSTOMER is understood to be anyone who has uploaded via an internet connection the website on their computer or mobile device.
By accessing the website, the USER/CUSTOMER warrants to the MERCHANT and owner of the site, that he is legally authorized to use the website, as well as the information provided through the website.
2. In order to reproduce its statement, both for acceptance of the Terms and Conditions and for the order made, USER’S/CUSTOMER’S identification shall be done by storing in the log files on the server at www.marine-parts.eu, storing the IP address of the USER/CUSTOMER, as well as any other information.
3. The products on the website do not represent a legally binding offer but rather are a demonstration online catalog, describing the MERCHANT'S product line.
4. After pressing the Confirm Order button, the USER/CUSTOMER agrees to purchase the goods in his/hers Shopping Cart. This action has a legally binding force. The USER/CUSTOMER receives a confirmation of the order and upon receipt of this confirmation the contract between the MERCHANT and the USER/CUSTOMER is deemed to have been concluded.
5. The MERCHANT reserves the right to refuse delivery of a confirmed order in case the goods are not available. In the absence of stock of the requested goods, within 5 working days, the MERCHANT informs the USER/CUSTOMER about its depletion by sending a message to the USER’S/CUSTOMER'S e-mail address or contacting him by the specified telephone number. In the event that a transfer is made to the MERCHANT'S account, the USER/CUSTOMER will be able to choose between the refund, the cancellation of the order or a substitute order.
6. The negotiation languages are Bulgarian and English, and payments will be made in Bulgarian levs with inclusion of the local VAT or in Euros equivalence.
7. The USER/CUSTOMER bears the full risk of damage/loss of the goods upon delivery. Immediately after the handover of the goods to a courier, the MERCHANT is relieved of the risk, which is transferred to the USER/CUSTOMER. The MERCHANT is not responsible for any delay, if the delay is due to a courier or other supplier.
8. Immediately upon delivery, the goods should be carefully inspected by the USER/CUSTOMER or an authorized person. Any damages should be reported to the MERCHANT immediately. In the event that damage is found to have occurred during the transport of the goods, the MERCHANT is not responsible for the warranty service of this product. In cases where the MERCHANT is given a written delivery date and time in writing, the statement is binding. In the case of an incorrect or wrong address, contact person and/or a telephone number during the request submission by the USER/CUSTOMER, the MERCHANT is not bound by any obligation to perform the order.
8a. Upon delivery of the goods, the USER/CUSTOMER or a third party undertakes to sign the accompanying documents. A third party shall be any person who is not the owner of the application but accepts the goods of delivery and is at the address, specified by the USER/CUSTOMER.
Upon refusal to receive the goods, except for the cases described below, the refusal shall be considered as unfounded and the USER/CUSTOMER owes the payment of the cost of delivery and return of the goods. In the event that the USER/CUSTOMER is not found within the delivery deadline at the specified address or if there is no access and conditions for the delivery of the goods within this period, the MERCHANT shall be relieved of his obligation to deliver the goods ordered for purchase.
8b. When the delivered goods apparently do not correspond to the goods ordered by the USER/CUSTOMER and this can be established through its ordinary inspection, the USER/CUSTOMER may request that the supplied goods be replaced by a purchase request made by him/her within the 24 hours after receipt.
The MERCHANT offers the USER/CUSTOMER a warranty document for the purchased item, if such is provided by the goods manufacturer. In the event that such a document is not provided by the manufacturer of the goods, the MERCHANT shall accept as a warranty document, the issued payment document (receipt/invoice) for the respective goods and its accompanying warranty conditions, specified in Returns & Warranty.
9. The prices listed on the Internet store www.marine-parts.eu do not include packing and shipping to the USER/CUSTOMER. In the event that goods are dispatched outside the territory of the Republic of Bulgaria, the USER/CUSTOMER shall pay all customs and export-related charges.
V. RIGHTS AND OBLIGATIONS OF USER/CUSTOMER
10. The USER/CUSTOMER has the opportunity to browse and after registration - to order the declared goods at the Internet shop
11. The USER/CUSTOMER has the right to be informed about the status of his/her order.
12. The USER/CUSTOMER bears full responsibility for the protection of his/her username and password, as well as for all actions performed by his/her or by a third party by using his/her username and password. The USER/CUSTOMER is obliged to notify the MERCHANT immediately of any case of unauthorized access by using his username and password and whenever there is a danger of such use.
13. The USER/CUSTOMER is obliged to pay the price of his order according to the announced way of the Internet shop .
14. Every user, whether a customer of the merchant, undertakes to use the services and:
• to respect and not to violate the fundamental rights and freedoms of citizens and human rights, in accordance with the Constitution and the laws of the Republic of Bulgaria and the recognized international instruments;
• not to offend the good name of another and not to call for a violent change in the constitutionally established order, to commit a crime, to violence against the person or to spur racial, national, ethnic or religious enmity;
• not to violate any foreign property or immaterial, absolute or relative rights and interests, such as property rights, intellectual property rights, etc .;
• to observe the Bulgarian legislation, the applicable foreign laws, the rules of morality and the good morals and the Internet ethics in using the services provided by BELLARTI Ltd. through the Internet shop ;
• to notify the MERCHANT immediately on any case of committed or open violation in using the provided services;
• not to load, transmit, distribute or otherwise use and disclose to third parties software, computer programs, files, applications, or other material containing computer viruses, unauthorized remote control systems ("Trojan horses "), computer codes, or materials intended to interrupt, hinder, disturb or restrict the normal functioning of computer hardware or software or telecommunication facilities or aiming at unauthorized intrusion or access abroad estrane resources or software;
• not to commit malicious actions;
• to indemnify MERCHANT AND ALL THIRD PARTIES for all damages and lost profits, including any costs and fees paid for lawyers' claims arising from and/or paid to third parties in connection with Internet sites, hyperlinks, materials or information that the USER, whether or not it is a CLIENT, has placed, posted, distributed, made available to third parties or made available via the internet store www.marine-parts.eu in violation of the law, current General Terms, Good Morals or Internet Ethics;
14a. The USER/CUSTOMER is obliged to specify a correct and valid telephone number, delivery address and e-mail address, to pay the price of the goods, to pay the costs of the delivery when it is not free and to provide access and the opportunity to receive the goods. In the event that the delivery is free of charge, it shall be deemed to be gratuitous.
14b. The USER/CUSTOMER is entitled, without due compensation or penalty and without giving any reason, to cancel the concluded contract within 14 working days as of the date of receipt of the goods, through the single withdrawal form. The Right Of Withdrawal under paragraph 1, shall not apply in the following cases:
- for the supply of goods and the provision of services the price of which depends on fluctuations in the financial markets which the Supplier is unable to control;
- for delivery of goods made according to the USER/CUSTOMER requirements or by his/hers individual order;
- for the supply of goods which, by their nature, are consumable or can not be returned or subject to rapid deterioration, or threaten to deteriorate their quality, including perfume and cosmetics;
- for the supply of audio and video recordings or software products printed by the user;
- for the supply of newspapers, magazines and other periodicals;
- for the supply of sealed goods which have been unsealed after delivery and can not be returned for reasons of hygiene or health protection;
- for the supply of goods which, after having been supplied and by their nature mixed with other goods from which they can not be separated;
VI. RIGHTS AND OBLIGATIONS OF THE MERCHANT
15. The MERCHANT has no obligation and objective opportunity to control the way the USER/CUSTOMER uses the provided services.
16. The MERCHANT has the right, but not the obligation to retain materials and information located on the server at .
17. The MERCHANT is entitled at any time, without notice to the USER/CUSTOMER when the latter uses the services in breach of these terms and at the discretion of the MERCHANT, to terminate, suspend or change the services provided in connection with the use of the site. The MERCHANT is not liable to consumers and third parties for damages and lost profits resulting from the termination, suspension, alteration or limitation of services, deletion, modification, loss, unreliability, inaccuracy or incompleteness of messages, materials or information transferred, used, recorded or made available through the internet store
17a. Upon receipt of the payment, the MERCHANT undertakes to transfer to the USER/CUSTOMER the ownership of the goods ordered for purchase, to deliver them on time, to inspect technically each item before it is sent (if this is possible without interfering with the integrity of the package).
18. The MERCHANT is not liable for damages caused to the software, hardware or telecommunication equipment or for the loss of data resulting from materials or resources searched, loaded or used in any way through the services provided. The advice, consultation or assistance provided by MERCHANT’S specialists and employees, regarding the use of the services by users, does not give rise to any liability or obligation for the MERCHANT. The MERCHANT shall not be liable in case of untruth of the product information specified by the manufacturer.
19. The MERCHANT has the right to collect and use information pertaining to its USER/CUSTOMER, whether he/she is registered or not.
20. The information under the previous article may be used by the MERCHANT, except in the case of explicit disagreement of the USER/CUSTOMER sent to the following e-mail address . The MERCHANT collects and uses the information to improve the services he offers. All the objectives for which the MERCHANT will use the information will be in compliance with the Bulgarian legislation, the applicable EU acts - the GDR and the good morals.
21. The MERCHANT shall not be liable for any failure to perform its obligations under this Contract in circumstances that the MERCHANT has not foreseen and was not obliged to foresee - including occasional events, problems in the global Internet network and in the provision of services beyond MERCHANT’S control.
22. The MERCHANT has the right to install cookies on the computers of the user. Cookies are small text files that are stored on the USER’S/CUSTOMER’S hard disk with his/hers consent and allow for the recovery of the USER/CUSTOMER information by identifying it and allowing tracking of its actions, the websites it visits, the external hyperlinks it uses, the information it uses and writes, and others. Cookies allow web apps to suit USER/CUSTOMER as individual. The web app can customize USER’S/CUSTOMER’S operations to his/hers needs, likes and dislikes, by collecting and remembering his/hers preferences.
Cookies may be accepted or declined by the USER/CUSTOMER, the latter may prevent the USER/CUSTOMER from making the most of the website and disturb the overall website experience.
23. External hyperlinks may be provided for convenience to the the USER/CUSTOMER, but they are beyond the control of the MERCHANT and no representation regarding their content is made. The use or reliance on external links and the content they provide is on the the USER’S/CUSTOMER’S own risk.
VII. PERSONAL DATA
24. The MERCHANT guarantees to its USERS/CUSTOMERS the confidentiality of the provided information and personal data. The latter will not be used, disclosed or brought to the attention of third parties except in the circumstances and under the conditions set forth in these General Terms and Conditions. The MERCHANT protects the USER’S/CUSTOMER’S personal data, which he/she became aware of, when filling in the electronic form for making a purchase request, and this obligation is dropped if the the USER/CUSTOMER has provided untrue data. Subject to the applicable laws and clauses of these Terms and Conditions, the MERCHANT may use the the USER’S/CUSTOMER’S personal data only for the purposes of the contract. Any other purposes for which the data will be used will be in line with Bulgarian legislation, applicable international instruments, Internet ethics, moral rules and good morals.
24a. The MERCHANT undertakes not to disclose any personal data about the the USER/CUSTOMER to third parties - state authorities, commercial companies, individuals and others, except in the cases when he has received the explicit written consent of the USER/CUSTOMER, the information is requested by state authorities or officials who, under current legislation, are authorized to request and collect such information. The MERCHANT is obliged to provide the information by virtue of the law.
25. The General Conditions may be changed at any time by the MERCHANT who is also entitled to change the characteristics of the services provided and these General Terms and Conditions, and on the basis of changes in the legislation. The MERCHANT undertakes to inform the the USER/CUSTOMER about the changes to the General Terms and Conditions, by publishing a notice on their website on a prominent place on their website and giving them sufficient time to get acquainted with them. Within the given period, if the USER/CUSTOMER does not declare that he/she rejects the changes, he/she shall be deemed bound by them. In case the the USER/CUSTOMER declares in the given time that he does not agree with the changes, the MERCHANT has the right to immediately stop or terminate the provision of the services of the USER/CUSTOMER.
26. Trademarks, names, logos and service marks (collectively referred to as "Trademarks") displayed on this website are registered and unregistered trademarks of the MERCHANT and owner of the website. Nothing contained in this site should be construed as granting a license or right to use any trademark without the prior written permission of the owner of the website.
27. All disputes between the parties shall be resolved in a spirit of understanding and goodwill. In the event that consent is not reached, any unresolved disputes, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes concerning the completion of gaps in the contract or its adaptation to new circumstances, will be resolved by the competent court of registration of the MERCHANT, in accordance with the Bulgarian legislation.