GENERAL TERMS AND CONDITIONS
For using the online store www.trake.org
1. SUBJECT
1. These General Terms and Conditions govern the use of the online store “TRAKE Organic”, accessible via the website www.trake.org, including buying goods from the store, terms of payment, delivery and return of the goods.
2. SELLER DATA
2.1. To the extent nothing else is expressly specified, the goods and services, sold via the online store www.trake.org, are offered by TRAKE ORGANIC LTD, with UIC 205672228, with registered address: No 14 Geo Milev str., 6155 Pavel Banya, Bulgaria.
2.2. TRAKE ORGANIC LTD manages the online store www.trake.org and may offer third parties the ability to sell their goods and services to clients via the store.
3. DEFINITIONS
3.1. “Buyer”, “User” or “Client” means a physical person over the age of 18 or another legal entity that places an order and enters into a distance contract via the online store www.trake.org with TRAKE ORGANIC LTD or another merchant.
3.2. “Administrator” or “Merchant” or means TRAKE ORGANIC LTD
3.3. “Seller” means TRAKE ORGANIC LTD or any other merchant offering goods or services via the online store www.trake.org
3.4. ”Store” means the online store “TRAKE Organic”, accessible via the website www.trake.org
3.5. ”Site” or “Website“ means the website www.trake.org, where the online store “TRAKE Organic” is hosted, as well as its subsites.
3.6. ”Account” means a User’s profile, formed with a username and password and visible in a separate section of the Website, which allows the Buyer to place an Order and which holds information about the Buyer and the history of some of their actions in the Website (Orders, invoices, etc.). the User enters the information in the Account and is responsible for that information’s authenticity and completeness.
3.7. ”Basket” means a section in the Account or the Website which allows the Buyer to add goods or services which he/she desires to buy at the moment of adding them to the Basket or at a later time.
3.8. „Order“ means an electronic document which is a form of communication between the Seller and the Client, through which the Client declares to the Seller via the Website their intention to buy Goods or Services from the Store.
3.9. „Campaign“ means each commercial communication that aims to popularize the Store, the Seller’s brand or certain goods or services.
3.10. „Contract“ means the distance contract between the Buyer and the Seller for buying goods and/or services via the Store. These Terms and Conditions are an inseparable part of each contract.
3.11. „Content“ means:
The whole information on the Website which is accessible with an Internet connection via an internet connected device;
The content of any messages between the Buyer and the Seller, sent by electronic means or any other accessible means of communication;
Any information, regardless of the way it is displayed, by the Seller, its employees or partners or third parties to the Client by electronic means or any other accessible means of distance communication;
The information regarding the goods and services and/or the Seller’s tariffs, active at a certain point in time;
3.12. „Commercial communication“ means any type of message, sent by electronic means or any other accessible means of distance communication (such as e-,mail, SMS, push notifications, web push, etc.) that contains general or specific information regarding similar or suitable products, based on the ones bought, information regarding offers or promotions, information regarding the goods and services, added to the “Account” or “Basket” sections as well as other commercial messages such as marketing or user studies.
3.13. „Review“ means a written evaluation of goods or services by a Client who has bought and used them, based on the Client’s personal experience and impressions.
3.14. „Rating“ means a method of calculating the Client’s satisfaction with a certain product the Client has bought and used. The rating is expressed with stars and each product may receive between 1 and 5 stars.
3.15. „Post“ means an evaluation, remark or sharing impressions, made by a Client based on their personal experience and impressions from certain goods or services.
4. GENERAL TERMS
4.1. These General Terms and Conditions are binding for all Clients/Buyers/Users of the Store.
4.2. By using the Store, including by creating an Account or buying any goods and services from the Store, the Client declares and guarantees that he is familiar with these General Terms and Condition and agrees to follow them unconditionally.
4.3. The Administrator has the right to update and amend the General Terms and Conditions for using the Store. The amendments are active from the day they are published on the Website. For each distance contract via the store the General Terms and Conditions active at the time of entering into the contract shall apply.
4.4. In the event any part of these General Terms and Conditions is deemed void or inapplicable, regardless of the reason for that, this shall not affect the applicability of any other terms.
4.5. The Administrator and the Sellers undertake reasonable effort to keep the information on the Website correct and up to date. Despite that, having in mind the possible technical errors, the Administrator specifies that it is possible that the descriptions of the products can be incomplete and that the images are only for indicative purposes and the delivered products may vary from the images.
4.6. All products are sold and delivered while the inventory lasts. When the information about sold out products or ceasing of a service is not available on the Website, the Seller informs the Buyer about that within reasonable terms after receiving the Order.
4.7. The Website may contain links to other websites. The Administrator bears no responsibility about the content or privacy policy of these websites, which are not under his control.
4.8. When the Seller differs from the Administrator, this is indicated in a clear way on the page of the respective product and when filling the necessary information for an Order. In these cases, the name of the merchant – Seller is displayed as well as their address, e-mail and other contact data and website, when there is one.
4.9. These General Terms and Conditions are binding for the parties and are not limited with a term. The Client may terminate the action of the General Terms and Conditions regarding him/her by ceasing to use the Store, including deleting the Account when there is one. The Administrator may reject the Client’s access to the Store and the goods and services offered in the event the Client breaches any part of these terms or any other applicable legal obligation with respect to their use of the Website or the Store.
5. CONCLUSION OF A CONTRACT
5.1. The Client declares their intention to order and buy goods and/or services from the Store by placing an Order through their account or by entering the required data for fulfilling the order, when there is no Account.
5.2. The Seller sends to the e-mail address specified by the Client a notification for registering the Order. This notification does not mean acceptance of the Order or an obligation to fulfil such an Order.
5.3. The Seller may not deliver all or part of the ordered goods or may not perform all or part of the ordered services due to objective reasons including, but not limited to: selling out of the goods or ceasing provision of the service. The Seller notifies the Client for that via the e-mail address specified by the Client. In such cases the liability of the Seller is limited to returning any sums paid in advance with respect to the Order.
5.4. The distance contract between the Buyer and the Seller is deemed concluded in the moment of sending an Order and receiving a confirmation of that Order on the e-mail address of the Buyer or by SMS sent to the Buyer’s phone number. The Administrator is not a party in the contracts, concluded via the Store foe goods or services offered by Sellers, different from the Administrator.
5.5. The distance contract between the Buyer and the Seller consists of these General Terms and Conditions and any other additional agreements between the Buyer and the Seller. Where applicable the goods will come with a certificate for guarantee.
6. ACCESS TO THE STORE
6.1. Access to the Store for the purpose of buying goods or services is allowed to each User. Access may be limited by the technical characteristics of the User’s device, internet connection, technical availability of the Website or other reasons beyond the Administrator’s control.
6.2. The Administrator may restrict the access of a User to placing an Order or using some of the available payment methods in case there is a breach of applicable rules by the User, a suspected breach of such rules or due to other reasonable causes. The causes for restricting the User’s access may be explained to him upon request sent to the contact phone number or e-mail.
6.3. The Administrator is not responsible for any damages the Client has suffered or may suffer due to the inability to access the Website.
6.4. IN the event of unusual traffic to the Website, the Administrator has the right to use different technical means for protecting the information on the Website, including request the Client to input validating codes to access the Website.
7. ONLINE SALES POLICY
7.1. All prices of the goods and services, offered in the Store are final and are stated in Bulgarian leva (BGN), including VAT and any other applicable taxes. In certain cases, the prices may also be displayed in other currencies, such as US dollars or Euro.
7.2. The price for delivery is calculated additionally and may depend on the type and overall price of the goods or services ordered, the place of delivery or other factors. The price for delivery is calculated at the time of placing the Order and is included in the total price due to be paid by the Client, The price for delivery is displayed in a clear and accessible way.
7.3. The Client bears all expenses, connected with the payment for goods or services ordered in the Store. In the event of online or bank wire payments, the Seller and the Administrator bear no responsibility for any costs like taxes, commissions or other additional payments made by the Client or the Client’s bank with regard to the transaction as well as in the events of currency exchange by the bank issuing the Client’s card.
7.4. Any images on the Website are only for indicative purposes in order to represent the type of goods or services offered. It is possible that some images of the goods and services (static or dynamic images, multimedia presentations, etc.) may differ from the appearance of the goods or may create an inaccurate impression for a service in the Client. The Seller bears no responsibility for such inaccuracies.
7.5. The Seller may use third parties for the provision of their obligations under the distance contract concluded via the Store without the obligation to notify or ask for the permission of the Buyer. The Seller is responsible for the actions of such third parties.
8. INTELLECTUAL PROPERTY AND INDUSTRIAL PROPERTY RIGHTS
8.1. Insofar as nothing else is specified, the whole content of the Website including, but not limited to logos, designs, images, signs, trade symbols, dynamic symbols, texts or multimedia content as well as any intellectual property rights in the products, offered in the Store, are property of the Administrator.
8.2. The Administrator keeps all intellectual property rights in connection with the Store and the Website, regardless of whether he owns the property or has acquired the rights by contract or other lawful means.
8.3. Nothing in the Contract between the Buyer and the Seller shall be deemed as a permission from the Seller to the Buyer to copy, share, publish, concede to third parties or change any part of the Content, including, but not limited to trademarks, logos, multimedia content or descriptions of goods or services, including by introducing any external content or by removing the signs, marking the rights in the Content. The Client may not transfer, sell or disseminate materials, created by copying, altering or publishing the Content, except where there is an express consent of the Administrator. The Client may copy, transfer or use the Content only for personal non-commercial purposes and only when this is not against the applicable law or these Terms
9. ORDER
9.1. The Client may place orders in the Store by adding the desired goods or services in the basket and by following the steps shown in the Website in order to complete and send the respective Order.
9.2. Each product added to the basket may be bought as long as it is available. Adding a product in the Basket without finishing the Order does not lead to the automatic registration of the order and/or the reservation of the product.
9.3. Unless otherwise specified, by confirming the Order, the Seller only confirms the delivery of one item from the respective product. Other items from the same product will be additionally confirmed or rejected, depending on the inventory.
9.4. The Seller may place a restriction on the maximum number of items from certain goods or services that may bought in a single Order.
9.5. The Client is responsible for providing full, correct and exact data by the moment of placing the Order. By providing the data necessary for the distance contract, the Client consents to the processing of their data by the Administrator and where applicable – by the Seller. More information regarding the Administrator’s data protection policy can be found here
9.5. By placing the Order, the Client agrees that the Administrator and/or the Seller may contact him in any possible way when this is necessary regarding the Order or the contract.
9.6. The Seller may refuse to fulfil (annul) an Order made by a Client, for which the Seller must inform the Client. The annulment shall lead to no penalties or other obligations for any of the parties in the following cases:
9.6.1. no payment is received from the Client, regardless of the reasons for that;
9.6.2. the Client has provided incomplete or incorrect data.
9.7. The Buyer shall cover all expenses for the return of the products bought from the Store in the event of withdrawal from the distance contract made within the term for withdrawal specified by the Seller. This term begins at the date the distance contract is concluded and the purchased products are received by the Buyer or a third party, different from the carrier. Except when otherwise stated, the address for return is No 14 Geo Milev str. 6155 Pavel Banya, Stara Zagora district. In the event of withdrawal, the Client must immediately inform the Seller at the following e-mail address info@trake.org and/or at the phone numbers, specified on the Website. The Client may return the goods at their expense via Bulgarian Posts The applicable tariffs of Bulgarian Posts are available here https://www.bgpost.bg/bg/347.
9.8. The Seller shall return the price paid by the Client within 14 (fourteen) days of receiving evidence for the return of the specific product. The price shall be returned as paid without any additional expenses for the Buyer, using the same method of payment the Buyer has used for the original transaction except where the Buyer has expressly agreed for the use of another method of payment.
9.9. The Seller may hold the return of the payment in the event of withdrawal from a distance contract until the product had been returned or the Client presents proof of returning them.
9.10. Only the consumers within the meaning of the Consumer Protection Act have the right to withdraw from a distance contract, provided the product has not been used or damaged in any way and where more than one item from a certain product has been ordered, only one of the items’ package has been opened.
9.11. In order to exercise the right to withdraw from a distance contract the Client may fill the standard form according to the Consumer Protection Act and send it to the following e-mail info@trake.org The form must be sent from the e-mail the Client has specified when placing the Order.
The form can be copied from here:
STANDARD FORM FOR WITHDRAWAL FROM A DISTANCE CONTRACT
To ……………………… /merchant’s name/, UIC…………………………………………………………………….., address …………………………………………………………………………
With the following I declare that I withdraw from the contract for the buying of the following products:
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. /description of the product/
The product is ordered at ………………….
The product is received at ………………….
………………………………………………………………………../Consumer’s name/
……………………………………………………………. /Consumer’s address/
………………. …………………………….
/Date/ /Signature/
10. PRODUCTS FOR WHICH THERE IS NO POSSIBLE WITHDRAWAL
10.1. The Buyer may not withdraw from a contract and the Consumer Protection Act is not applicable in the following cases:
10.1.1. for the provision of services, after the service has been fully provided and the performance has begun with the Buyer’s prior express consent and acknowledgement that they will lose their right of withdrawal once the contract has been fully fulfilled by the Seller;
10.1.2. for the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period;
10.1.3. for the supply of goods made to the Buyer’s order or customized to their personal requirements;
10.1.4. for the supply of goods which, due to their nature, may deteriorate or expire rapidly;
10.1.5. for the supply of sealed goods which were unsealed after delivery and are not suitable for return due to hygiene reasons or health protection;
10.1.6. for the supply of goods which, after delivery and due to their nature are inseparably mixed with other items;
10.1.7. for the supply of sealed audio or video recordings or sealed computer software which were unsealed after delivery;
10.1.8. for the supply of digital content which is not supplied on a storage device if the performance has begun with the Buyer’s prior explicit consent and their acknowledgement of losing their right of withdrawal thereby.
11. CONFIDENTIALITY
11.1. The Client agrees to provide the Administrator and the Seller with unrestricted access to any and all materials and information sent through or in connection with using the Website, regardless of whether they have made an Order. The Administrator and the Seller have the right to use, copy, publish, alter, transmit and share such materials and information. The Client expressly agrees that the Administrator may freely use and process for his purposes any protected intellectual property, ideas, concepts and know-how that the Client has provided in any way through or in connection with using the Website. The Administrator or the Seller are not bound with any non-disclosure clauses unless there are no such clauses in the active legislation. In this respect the Client shall be responsible in any event where by providing the materials and information they have breached any rights of third parties.
12. COMMERCIAL COMMUNICATION
12.1. When creating an account in the Store, the Client may consent to receive commercial communications from the Administrator or other Sellers. The commercial communications may refer to the status of an Order, new products offered in the Store. Promotions, games organized by the Administrator, etc.
12.2. The Client may withdraw their consent to receive commercial communications at any time by changing their Account settings or by contacting the Administrator.
12.3. Withdrawal of the consent to receive commercial communications does not mean withdrawal of an Order. Disagreement with these General Term and Conditions or deleting the Client’s Account.
12.4. The Administrator may use the Client’s data for marketing and consumer studies. The Administrator informs the Client when these data are shared with third parties and where applicable requires the Client’s prior consent. More information can be found in the Policy for personal data protection of the Administrator.
13. PAYMENT
13.1. The prices of all goods and services offered in the store are final and include VAT as well as any other applicable taxes under the Bulgarian law.
13.2. The price and terms of payment are listed with every Order. Depending on the products or the Seller’s policy, the latter may provide the Client with a choice of payment methods (bank transfer, payment card or payment to the carrier). When ordering products with total cost upward of 5000 lv., payment can only be made by bank transfer or by payment card.
13.3. The Client must provide all necessary information for issuing an invoice according to the Bulgarian legislation. The information can be stored in the Account or provided with each Order.
13.4. The Seller issues an invoice for the purchased products based on the information provided by the Client and according to the applicable Bulgarian law. By creating an Account or placing an Order, the Client agrees to receive electronic invoices
13.5. The Client is responsible for providing incomplete or inaccurate data for the invoice.
14. DELIVERY
14.1. The Seller shall deliver the products, ordered from the Store by themselves or using a carrier service to the address specified by the Buyer when placing the Order. When the products are large or for any other reason it is necessary to transport them with a truck or a specialized vehicle, the Client is responsible for providing access to the address for that vehicle. More information for the terms of delivery of the carrier can be found here.
14.2. In case there is more than one address for delivery saved in the User’s Account and the User hasn’t chosen another option when placing the Order, the delivery will be sent to the main address registered.
14.3. The Seller is responsible for the proper packaging of the products and for sending the accompanying documents when applicable.
14.4. Except when otherwise stated, the products offered in the Store can only be delivered on the territory of Bulgaria.
14.5. The price of delivery, when there is one, is calculated and show to the Client after adding the products to the Basket.
15. GUARANTEES
15.1. The products offered in the Store comply with all applicable Bulgarian laws. Due to their nature, some products may come without a warranty. The Seller is responsible for the compliance of the products offered with the concluded contract.
15.2. The warranty, when there is one, may be presented to the Client in paper form, delivered with the products or in electronic form sent to an e-mail address specified by the Client or directly within their account.
15.4. The Seller issues a certificate of warranty when applicable, using the data provided from the Client when placing the Order, or upon the Client’s choice – the data saved in the Client’s Account.
15.5. Any repairs of products outside of the terms of warranty or when the Seller’s obligation to make the products compliant with the distance contract is canceled for any reason, shall be at the expense of the Buyer and within a term, negotiated between the parties.
16. TRANSFER OF OWNERSHIP
16.1. The ownership of the products is transferred at the moment of handing them over to the Buyer and after their price has been paid. Handing the products to the Buyer shall be verified with the Buyer’s signature on the transport document, presented by the carrier.
17. REVIEWS, COMMENTS AND OTHER CONSUMER CONTENT
17.1. The Client may publish reviews or comments for the ordered products on the Website. The reviews and comments must concern the characteristics of the products and its use. Reviews and comments reflect the Client’s personal opinion and the Administrator is not responsible for their content. Users may signal for content which is offensive, obscene, does not comply with applicable law or moral at the following e-mail address: info@trake.org
17.2. Reviews or comments that contain offensive wording or do not comply with the law or moral shall be removed from the Website.
17.3. In order to publish reviews or comments the User must register an Account.
17.4. By posting a review, comment or any other content on the Website, the Client gives the Administrator an exclusive and irrevocable right, unlimited by term or territory, to use, copy, alter, adapt, publish, translate, share and show such content.
17.5. Each Client must adhere to the following rules:
17.5.1. only focus on characteristics or use of a product or service and avoid information on aspects that may change (i.e. price or promotional offers);
17.5.2. use Bulgarian language and write in Cyrillic except in foreign language versions of the Website or where otherwise specified;
17.5.3. use appropriate language, avoid insulting phrases or such that may affect the rights of any third party;
17.5.4. make sure the information put in the Site is real, correct, not misleading and compliant with applicable laws including not affecting the rights of ant third person (such as intellectual property rights, licenses, trade secrets, etc.);
17.5.5. do not publish links to other sites that have a similar purpose and/or compete with the Website;
17.5.6. do not publish advertising content;
17.5.7. do not use reviews or comments as a way to communicate with the Seller as only the Seller’s contacts listed on the Site shall be used for that purpose.
Failure to comply with the above rules may lead to the respective user content to be deleted from the Website.
17.6. When Clients publish photo or video materials or other multimedia content they are responsible for:
17.6.1. the fact the uploaded files do not breach any intellectual property rights;
17.6.2. the fact the uploaded files do not contain violence, content, unsuitable for children, obscene language or other content which may be offensive to third persons based on race, ethnicity, religion, handicaps, gender, age, military service, sexual or political orientation or contains any other form of discrimination;
17.6.3. the fact the uploaded files are not an advertisement and do not contain links to other sites that have a similar purpose and/or compete with the Website.
17.7. In case the Administrator finds multiple cases of violation of these General Terms and Conditions, the Administrator may restrict the Client’s ability to publish content on the Website.
18. FORCE MAJEURE
18.1. The Seller is not responsible for any damages that the Buyer may have incurred due to reasons outside of the Seller’s control.
18.2. None of the parties shall be responsible for non-performance of their contractual obligations in the event of force majeure. A force majeure is an unpredictable event outside of the parties’ control that cannot be avoided.
18.3. If the force majeure goes on for more than 14 (fourteen) days each party has the right to terminate the contract without owing any compensation for eventual damages.
19. PROCESSING PERSONAL DATA
19.1. In its activities, the Administrator processes personal data of the Clients. More information for the Policy for personal data protection of the Administrator can be found here.
20. APPLICABLE LAW
20.1. These terms and conditions and any contracts between the Administrator and third parties- Sellers and Clients are subject to the Bulgarian law. Any arguments that arise shall be resolved by mutual agreement and when this is not possible shall be taken before the competent Bulgarian courts.
