GENERAL TERMS OF USE at www.bmgtrading.eu
- SUBJECT
1.1 This Document is the general terms and conditions of use of shop.bmgtrading.eu which governs the rules for the use of shop.bmgtrading.eu, including the conclusion of a purchase contract with a merchant from this e-shop. - SELLER’S INFORMATION
2.1. BMG Trading Ltd. is a company with headquarters and address of management in Bulgaria, Sofia, 14, Nikola Gabrovski Str., Fl. 1, with UIC 203394424 and VAT identification number in Bulgaria: BG203394424.
2.2. You can contact BMG Trading at the address above, at 02/460 50 60 or e-mail at [email protected] Contact telephones are paid (at the cost of a local call). - GENERAL
3.1. The BMG Trading Terms of Service bind all Clients / Buyers / Users on the Site.
3.2. Any use of the Site implies that you have (have) carefully understood the general terms and conditions of use of the Site and (b) have agreed to abide by them unconditionally.
3.3. BMG Trading reserves the right to update and modify the Site Terms of Service periodically to reflect any changes to the way the Website operates and the terms or any changes to the legal requirements. The document may be opposed to Customers / Consumers / Buyers from the time they are posted to the Site. In the event of such a change, we will post on the Site the amended version of the Document, which is why we ask you periodically to check the contents of this Document. Each transaction through the Site is subject to the terms and conditions that were in place at the time of the distance contract between the Buyer and the Seller.
3.4. If any of the provisions of these General Terms and Conditions for use of the Site are found to be invalid or unenforceable, whatever the reason, this does not affect the invalidity or inapplicability of the other provisions.
3.5. BMG Trading makes a serious effort to maintain the accuracy of the information provided on the Site. However, given the possible technical errors or omissions in this information, BMG Trading states that the product images are illustrative and guiding, respectively the products delivered may differ from the images.
3.6. It is possible, because of the limited space and the consistent structure of the information, that product descriptions are sometimes incomplete. However, from BMG Trading we strive to provide the most relevant and important information.
3.7. The site may contain links to other sites. BMG Trading is not responsible for the privacy policy of websites it does not administer as well as for any other information contained therein. - CONCLUSION OF CONTRACT
4.1. The Customer declares his / her willingness to order and buy a Product and / or Service through the Site by making an Order electronically or by phone and registering accordingly either by himself or by an employee of BMG Trading on his / her behalf.
4.2. BMG Trading will send a notice to the Customer to register the Order in its system, which does not have the meaning of accepting, confirming, or committing to its execution. This BMG Trading notification is made electronically (email) or by telephone.
4.3. Therefore, the Seller has the right not to deliver any or all of the Goods or not to perform part or all of the Services of the Order for a variety of objective reasons, including but not limited to the exhaustion of their stock availability. In any event, BMG Trading notifies the Customer by email or telephone. Therefore, Seller’s sole responsibility is to return the eventually received price of the Goods and / or the Service.
4.4. The distance-purchase contract between the Seller and the Buyer is deemed to have been concluded at the time of receipt by the Buyer of his electronic mail and / or by SMS sent to his telephone for notification that the Goods from the Order are ready for dispatch or the Service can be provided.
4.5. The purchase contract concluded between the Buyer and the Seller consists of the present General Terms and any possible additional agreements between the Seller and the Buyer. - USE OF SUBCONTRACTORS
5.1. Seller has the right to use subcontractors for the fulfillment of their obligations under the distance purchase agreement concluded through the Site without the need to notify or obtain the Buyer’s consent to do so. The seller will be responsible for the actions of these subcontractors as their own. - THE RIGHT OF INTELLECTUAL AND INDUSTRIAL PROPERTY
6.1. Content as defined in the “Definitions” chapter, including but not limited to the logos, any graphic images or inscriptions, trade symbols, dynamic symbols, texts and / or multimedia content of the Site, are the exclusive property of BMG Trading or their respective rightsholders.
6.2. BMG Trading has and reserves all intellectual property rights in any way connected with the Site, whether it is its own or obtained through contractual licenses or in any other lawful manner.
6.3. Nothing in the distance contract concluded between BMG Trading and the Buyer will be considered as an authorization by BMG Trading to copy, distribute, publish, make available to third parties, modify in any way any part of the Content, but not limited to, the content of the trademarks, logos, the multimedia content of the Site, or the descriptions of the Products or Services in any way, including through the introduction of any external content for the Site, the removal of the signs indicating the right owned BMG Trading on the Content. The Customer may not transfer, sell, distribute any material created through the reproduction (copying), modification or publication of the Content except with the express consent of BMG Trading.
6.4. Customer may copy, transfer, and / or use the Content only for personal non-commercial purposes only in cases where this is not contrary to the provisions of this Chapter or the applicable laws of the Republic of Bulgaria.
6.5. The Customer may only use the Content for Commercial Purposes if it has received the written consent of BMG Trading for that and only the portion of the Content, the manner and extent of its use, and the time limits for which such consent is given expressly. Any subsequent or different use of the Content will be deemed to be a violation of this agreement between BMG Trading and the Customer and for violation of the intellectual property rights of BMG Trading, which has the right to take charge of the Customer for that purpose.
6.6. Simply sending to Customer or referring to the Content or parts thereof by BMG Trading will not be considered as an agreement on BMG Trading to allow the Customer to use the Content or parts of it for purposes other than its personal needs, by the means of communication used by BMG Trading.
6.7. Any use of the Content for purposes other than those expressly permitted in these General Terms or any other explicit written consent given by BMG Trading or their respective rightsholders is prohibited. - CONFIDENTIALITY
7.1. The Customer / User / Buyer agrees that by providing any personal or other data to BMG Trading, he agrees that they may be used by BMG Trading for the following purposes: (1) maintaining the Customer / User Account / Purchaser, including registering orders, sending ordered products, performing ordered services, invoicing, resolving disputes with Customers / Customers / Buyers regarding their Orders, or reviewing their claims; (2) conducting market research, tracking and monitoring sales and anonymous customer / consumer behavior.
7.2. The Customer / User / Buyer agrees to provide BMG Trading anonymously with unlimited volume and time access to any materials and information that he sends to the Seller through or in connection with the Site, regardless of whether he has made a Purchase Order and made a transaction through the Site. BMG Trading has the right to use, reproduce, publish, modify, transmit and distribute this information or materials. The Client expressly agrees that BMG Trading may freely use and process for its own purposes the ideas, concepts or know-how that the Client has provided to him in any way through or in connection with the Site or the actions / inactions that the Customer through or in connection with the Site. BMG Trading has no obligation to keep the information so obtained as confidential, as long as it is not imputed to it by applicable law.
7.3. By providing its data to BMG Trading (including e-mail), the Customer / User / Purchaser expressly agrees to contact BMG Trading or third parties who are couriers, BMG Trading partners and are suppliers of marketing services, government , municipal or non-governmental agencies or insurance or financial services companies where this is provided for under the specific legislation, as well as other companies with which BMG Trading may develop common programs for the offering of Goods and / or Services on the market, etc. - COMMERCIAL AND PROMOTIONAL MESSAGES
8.1. As soon as the Customer creates an account on the Site, he has the opportunity to express his consent to receive Commercial Messages.
8.2. Buyer / User may waive his consent given to the Seller to receive Sales Messages, which may be denied at any time by changing the settings in your Account or by contacting the Seller.
8.3. The refusal to receive Commercial Communications does not mean an automatic waiver of the given consent to the conclusion of this contract.
8.4. After the Purchase of Goods and / or Service, with consent already given, BMG Trading will send to the Buyer / User commercial communications about:
– Proposals for Goods and / or Services recommended for use with the purchased Goods and / or Service;
– The Customer / User may withdraw at any time after receipt of Commercial Communications pursuant to Art. 12.2 above by clicking on the unsubscribe link posted in the commercial communications received from BMG Trading or by contacting BMG Trading for this purpose. - RESPONSIBILITY
9.1 The Seller shall not be liable for any damage suffered by the Buyer as a result of force majeure or circumstances beyond the control of the Seller. - FORCE CIRCUMSTANCES
10.1. Neither party will be held liable for non-performance of its contractual obligations if such default is due to force majeure. Force majeure is an unpredictable event beyond the control of the parties that can not be avoided.
10.2. If no later than 14 (fourteen) days from the date of the relevant event, either party has the right to notify the other party that it will terminate the Contract without incurring the other damages for any damage suffered. - APPLICABLE LAW – JURISDICTION
Tis contract is subject to the Bulgarian legislation. Any disputes arising between BMG Trading and Clients will be resolved by mutual consent or, if that is not possible, disputes will be settled before the Sofia Arbitration Court at the International Association for Justice and Arbitration, registered under company file. No 583/2016 according to the inventory of the Sofia City Court for 2016. UIC 177084688: with headquarters and address of management 8, Iskar Str., Sofia, represented by Maria Ivanova Yaneva, acting as chairman, without prejudice to the rights of the consumers within the meaning of the Consumer Protection Act Art. 18 of Regulation 1215/2012.