Terms and conditions

GENERAL TERMS AND CONDITIONS
 

SUBJECT
 
The hereby document represents the General Terms or the Terms of usage of www.bianchi.bg (hereinafter referred to as site/ website) which governs the rules for this e-shop, including the sales and purchases in it. These conditions bind all users.
 
DATA FOR THE SUPPLIER
 
Bianchi Trading Ltd is a company, duly registered in accordance with the provisions of the Commerce Act, with UIC 205946095, with headquarters and address of management: Sofia – city 9 Layosh Koshut St.
 
You can contact with Bianchi Trading Ltd at Sofia, neighbourhood Gorna Banya, 14 Proizvodstvena St., tel + 359 2 92 03534; or by e-mail: coffee@bianchi.bg

 
MAIN CONDITIONS
 
1. The website www.bianchi.bg/store is an online store, owned by Bianchi Trading Ltd and it offers products that the company distributes. The website provides information and opportunities under the terms and conditions of these General terms and conditions for online ordering, purchasing and delivery of the products offered in the e-shop, organized by Bianchi Trading Ltd the herein Terms and conditions provide information to the users regarding their rights, limitations and responsibilities when using the information and services on the website, or respectively on the e-shop. Every user working with the website, is bond by the regulations of these Terms and conditions, form the moment they enter the website until they leave. Bianchi Trading Ltd reserves its rights to make changes in the data and in the General terms and conditions, without making an announcement in prior, as the same become binding for the users from the moment of their publication. All goods offered on the website, which are subject to warranty service, are accompanied by the needed documents with information regarding the term, conditions and place of the warranty service .
 
2. On the site the Provider publishes information about:
 
а) description of the basic features and if possible an image of each item, regarding to the given by the producer information;
 
b) the sale price includes VAT, as well as tariff for the postage, courier or shipping costs, but the price of delivery of the goods is not included;
 
c) information for the ways of payment, delivery and performance of the contract;
 
d) the right of the user and the conditions and the manner to exercise the right to withdraw from the contract and the conditions under which the goods can be returned, except in the cases regulated by the Customer Protection Act ;

 
e) the period for which the made offer or price is in force;
 
f) the minimum duration of the contract – for contacts for permanent or periodical delivery of goods or service;
 
g) any other information, which the Provider is obliged regarding the Bulgarian legislation to provide promptly to the User, prior to the purchase of the Goods by the User.
 
ORDER AND PURCHASE
 
1. An order can be made from the different sections from the website, where offers and descriptions are been posted. The offers contain a brief and detailed description of the product, the producer’s name, picture ( if available) and price. The given price is for 1 piece in BGN with VAT included. In the given price of the product , the price of the shipping and payment cost is not included, if any. On accepting the order, the delivery price and the payment cost, if any , are added to the purchase price.
The delivery price is not fixed, it is automatically calculated by the integrated courier company system according to the weight and delivery address. During your order the price is displayed in the delivery module and you can orientate yourself for the exact delivery value of your products , before finalizing your order. For orders in value over 50 (fifty) BGN to inhabited place on the territory of the Republic of Bulgaria, the delivery is free of charge.
 
2. To obtain the right to make valid orders for the purchasing of goods offered on www.bianchi.bg, the User has to fill in the electronic  registration form, available at www.bianchi.bg, section “ My account”. The registration id free of charge. The registration has the power of service contract provided by “ Bianchi coffee” Ltd with the resulting rights and obligations from it. By the act of registering the User expresses online consent to these terms and conditions, by which he/she is considered to be bound by their terms. From the moment of binding the User to the
provisions of the general Terms and Conditions, the User is able to perform real orders for purchasing goods, offered by www.bianchi.bg. On registration and/or making an order the User lists the basic data according to the options given on the website, as the following data is mandatory: name and family name, address, city, country, district, telephone, password and e-mail; so as to confirm the order made by the User. Failure to fill in the fields for feedback, or publish incorrect, or inaccurate information, does not bind the Supplier with the obligation to perform the order and delivery.
 
3. A specific purchase is made by an order and passing through several stages, including adding the product to the basket, entering the required data for delivery, and sending it to the supplier of the order/ purchased order of the selected products. The User undertakes to express his/her consent for
the made order and to confirm all the details regarding the order, and after a representative of Bianchi Trading Ltd has contacted him/her by phone, or e-mail during the company’s working hours.
The User commits that the communication electronically satisfies his/her requirements according the law and he/she accepts it as equivalent to the information transmitted on paper or verbally on the phone. By clicking on the Confirm button, the user performs an action, that represents a willful
commitment binding on him/her with the power of the contract – he/she ( the User) and Bianchi Trading Ltd, respectively the conditions described in this document and the rules of the Consumer Protection Act. The terms for delivery of the goods are indicated on the website.
 
TERMS OF DELIVERY
 
1. The delivery of the Goods is done by an employee of Bianchi Trading Ltd or by a courier company hired by the Supplier, at an address pointed by the User.
 
2. The User is obliged personally to accept and pay the ordered products or to provide access and contact person, who is to accept and pay the ordered products. If the clients (or the person authorized by him) is not found within the delivery time, and cannot be contacted by phone at the moment of
delivery, the shipment will be returned to Bianchi Trading Ltd office, or in the courier office respectively, upon request of the User and is re-delivered under the conditions set forth in paragraph 8 of these terms and conditions. Upon delivery of the goods the User or the third party, - representative of the user, signs the accompanying documents serving as confirmation of the delivery of the goods.

3. The price under the previous article and the cost of delivery, shall be paid by means od cash on delivery o by bank transfer (with a payment order or online banking) and the User undertakes to pay the purchase price of the purchased item as well as postal, courier or transport costs , which not included in this price associated with its delivery. When paying by bank transfer it is necessary to transfer the amount of the order on the company’s account of the store. after receiving the bank transfer, your order will be executed. The Supplier may provide other ways of payment as well, by
announcing the information and the conditions for it on the website.
 
4. The ordered for purchase goods is delivered in a suitable packing according to the type of packing and transport of delivery address specified by the User in sufficient time. The specific terms of delivery of the ordered products are indicated on the website.
 
5. In the event that the User is not found in the delivery period at the address specified by him/her, or if there is no access and conditions for the delivery of the Goods within this period, the Supplier shall be discharged from the responsibility to deliver the ordered Goods. The user can confirm his/her willingness to receive the goods after the expiration of the delivery period, in which he/she has not been found on the address, as in this case all the delivery cost will be on the User’s account. In this case a new delivery time starts to run, from the moment of confirmation under the preceding sentence.
 
REFUSAL OF DELIVERY. RETURN OF GOODS
 
1. The user may refuse ordered and delivered products in the following cases:
 
а) apparent discrepancy of the delivered product with the ordered such, which can be determined by a simple product review;
 
b) the product has suffered a defect during transportation;
 
c) the delivery rice does not correspond to the pre- agreed price;
 
d) the delivery time is not met;
 
Claims under this point should be made within 14 calendar days of the occurrence of any of the above discrepancies. The complaint is submitted verbally or in written. On making a complaint the User indicates the subject of matter of the claim, the preferred by him/her way of satisfying the claim, the claimed amount , and contact address. On submitting a claim, the User mandatory applies the documents on which the claim is based: a receipt or an invoice; protocols, acts or other documents establishing the non-conformity of the goods or service with the agreed ones; other documents
establishing the claim on grounds and size.
 
2. The above described claims apply at the time of receipt of the order. Except for the listed cases as well as beyond the conditions of Art 55 para 1; of the Customer Protection Act, the customer is not entitled to refuse to pay and return a shipment and if he/she does so he/she is not entitled to reimbursement of the amount paid and to bear the transport cost. In the case of hidden defect of the product, the warranty conditions described in the warranty card ( if any) or the relevant legal conditions apply. In the cases when the User obtains warranty card not from Bianchi Trading Ltd, but from the producer, he/she turns directly to the workshops mentioned therein.
 
3. Pursuant to the Customer Protection Act, the User has the right to withdraw from the contract without giving any reasons and to return any product ordered by www.bianchi.bg within 14 calendar days from the date of its receipt ( I.e. from the date on which you or a third party other than
the carrier, and indicated by you have come into possession of the goods). In order to exercise your right of withdrawal, you must notify us of your name, geographical address, and if you have such, telephone number, fax number and e-mail address, as well as to notify us with clear statement of your decision to withdraw from the contract and to return the product. In order to comply with the withdrawal period, it is sufficient to sent your notice regarding the exercising the right for withdrawal before the expiring of the withdrawal period. For this purpose the user must send us one of the following- a letter send by post to Sofia , Gorna Banya 14 Proizvodstvena str; or e-mail to e-mail address: coffee@bianchi.bg. You can use the attached STANDARD REFUSAL FORM, but it is not obligatory.

In the event that the User makes use of the opportunity to withdraw from the contract electronically, the Supplier will immediately send a confirmation receipt of the refusal to the User by an e-mail. In case of refusal, the User shall send the Goods back to the Supplier, or to “ Metrica” Ltd in its capacity
as an authorized entity, at address 1360 Sofia Lc. Lyulin, neighbourhood Moderno perdgradie 7, Obelsko shoes St., in original factory, undamaged packing, without traces of use or violation of the commercial appearance of the product, together with labels ( if any) receipt and all documents
received. The cost of returning of the product is on your expense. Refund of the order is within 14 calendar days without incurring any additional costs to the user, as follows:
 
a) payments made by bank transfer, respectively by debit or credit card – be reimbursement to the account from which the payment was made;
 
b) payments made by means of cash and delivery – to a bank account, additionally provided by the User, (in this case you need to specify a bank,  IBAN, BIC and the account holder name)
 
Important: We have the right to postpone the reimbursement until the goods are returned or until you provide an evidence that you have returned the goods, depending on whichever is earlier.
 
FUNDAMENTAL RIGHTS AND OBLIGATIONS OF THE PARTIES. TERMINATION OF THE CONTRACT. LIMITATIONS AND RESPONSABILITIES.
 
1. The Supplier is obliged to transfer to the Customer the factual power of the purchased product upon receipt by the Supplier or his representative, of the purchase price of the particular goods; to deliver on time the goods ordered for purchase; to exercise in due diligence the performance of its own duties.
 
2. The Supplier has the right
 
а) to place electronic references to other websites and resources for the sale of goods and the provision of services by third parties, including electronic links pointing to other websites and in the user profile;
 
b) to send to the Customer newsletters, bulletins and the like, for which the User has subscribed;
 
c) to collect and use information about its own Users, when they are registered, which information may include name, surname, family name, address profession, gender, age group, telephone, e-mail address for correspondence and any other information provided on registration: information that is
introduced or provided when requesting, receiving or using service provided by the Supplier, participation in promotions, raffles and competitions, filling in questionnaires, forms and more, the supplier will se the information in compliance with the requirements of the Personal Data Protection Act.
 
3. The Supplier:
 
а) takes care for the information in the store always to be true and up- to-date, but does not guarantee for the authenticity and the completeness of the same;
 
b) is not responsible for not providing access to the store as well as for the non-processing or for the inappropriate handling of purchase requests in circumstances beyond its control – cases of force majeure, incidental events, problems in the global internet network;
 
c) does not guarantee that the access to the store will be uninterrupted, timely, secure and error-free as far as it is beyond its capacity, control and will;
 
d) insofar as it does not have the possibility to modify, control or otherwise influence the quality and suitability for use of the goods claimed by the User, is not responsible for their compliance with the applicable regulatory requirements and their qualities;
 
e) is not responsible for the damages caused to the software, hardware or telecommunication facilities, or for the loss of data, resulting from materials or resources searched, loaded or used in any way through it;
 

f) in so far as there is no objective possibility and obligation and does not control the websites and resources made available through the electronic links provided in the store on the User profile, the Supplier is not responsible for the unlawful nature of the content and materials on these websites and
resources, is not responsible for damages and lost profits resulting from the usage, access or unreliability of these materials and content;
 
g) does not have the obligation and the objective opportunity to control the way the User uses the store.
 
4. The User undertakes:
 
а) to indicate and accurate and valid phone, shipping address, and e-mail address for correspondence;
 
b) to pay the price for the goods he/she had requested;
 
c) to pay the cost of delivery except in the cases in which the cost of delivery remains at the expenses of the Supplier;
 
d) to receive the goods;
 
e) to take the all care and to take the necessary measures that are reasonably required to protect his/her password;
 
f) not to dispose to third party the password or the respond to the secret question ( if provided) and to notify the Supplier immediately in the event of unauthorized access to the User’s profile as well as the probability of such;
 
g) in view of the specificity of the internet protocols and the security of password, to terminate the session, in which the User has entered his/her profile by pressing the virtual Exit button.
 
h) not to file fake or invalid queries or other false information. The User is entirely responsible for protecting his/her password, as well as for all actions performed by him /her or by third party by using it.
 
5. The User Has the rights for:
 
а) online access to the Supplier, by keeping the Terms and the Conditions for access, except in circumstances beyond the control of the Supplier - cases of force majeure, incident events, problems in the global internet network;
 
b) online access and online correction of personal information;
 
c) refuse to receive the goods ordered for purchase in compliance with the legal requirements ( The Obligations and Contracts Act, the Customer Protection Act and the other applicable legislation);

 d) to receive in full amounts the paid by him sums, in case of undue payments.
 
6. The User is obliged
 
а) to comply with the terms and conditions for claiming and requesting for replacement of products – terms and conditions, published on the website www.bianchi.bg/store and declares, that he/she is considered bound by these terms and conditions;
 
b) to comply with the Bulgarian legislation, the present terms and conditions, the internet ethics, the rules of morality and good manners;
 
c) not to infringe any other property and non- property rights, including intellectual property rights;
 
d) immediately to notify the Supplier of any breach or infringement committed in the use of the store.
 

e) not to interfere in the correct operation of the system, including but not limited to not hindering the authentication process of other user, not to accessing beyond the provided one, not to prevent other users for using the store;
 
f) not to retrieve by technical means or in technical way information recourses or part of information recourse , belonging to the databases located in the store and thus not to create its own database in electronic or other form;
 
g) not to present as another person or representative of a legal person or group of persons, who he/she is not authorized to represent , or otherwise to mislead third parties, regarding his/her identity or his / her belonging to a particular group of persons;

h) not to perfume malicious acts within the meaning of these Terms and Conditions.
 
7. In the case of non-compliance with the User’s obligations, the supplier is entitled immediately and without prior notice to suspend the User’s and the third party‘s access to the his/her profile, as well as the rights for compensation for any damages and lost profits which re direct and immediate
consequences of the non-fulfillment of the obligations under the preceding paragraph by the User. In such cases, the Supplier shall have the rights to refer the matter to the competent state authorities to establish the breach.
 
8. Upon termination of the contract the Supplier, takes actions to deactivate the profile of the User, and delete the password to access the same.
 
9. The User can at any time request for deletion of his/her profile. In this case the deletion is performed only after the execution of all the valid applications has been done, and the payment of the due price and delivery costs have been covered respectively.
 
10. The contract between the parties shall be terminated also in the event of any of the following circumstances : termination of the activity of the supplier, terminating store maintenance , by giving one week’s notice to the other party in case of failure to fulfill its obligations under the contract or in other cases provided by law.
 
11. The User is obliged to Indemnify the Supplier and all third parties for all damages and lost profits including any costs and fees paid, lawyer’s fees paid, indemnities paid as a result of actions brought by third parties, in connection with non-fulfillment of the obligations of the User under this contract, violation of the Bulgarian Law, applicable foreign laws and European legislation, the current general terms and conditions, good moral and/or internet ethics. The User is also obliged to compensate the Supplier for all damages caused by third parties, to whom he/she has given her/his password.
 
12. Website users are not permitted to act in violation of generally established rules of communication, to commit malicious acts, to distribute viruses and the like, infringing or damaging rights or interests of third parties.
 
13. The Users are not permitted to perform ill-intentionally orders on behalf of another person without his/her consent. The Users can make free use of the site's resources, except for the limitations outlined in these Terms of Service and other common limitations.
 
14. The Users hve no rights to distribute pornographic materials, photos or other materials, a foreign object of copyright, schemes, signs or other subject of matter of a foreign intellectual property, calls for violent alteration of civil and public order, undisclosed information, or one that affects the property or non-material rights or interests of third parties.
 
15. In the sections of the site, designated for the purchase of products by the User, is required to be submit and collect certain information. The information is necessary in the process of processing the order of the User. Bianchi Trading Ltd will not use this information in ways other than those provided in these terms and conditions, thereby ensuring its confidentiality. Bianchi Trading Ltd is not responsible for possible incidental deficiencies related to the up-to-date information as well as to the information provided by the producers and/or importers about the goods it maintains on the website;

it is not responsible for the consequences, including any damages caused by or in any way related to the access or use of this website; it is not responsible for the integrity of the information on the Website from computer viruses or other threats.
 
16. The information displayed on the website is in line with current legislation, its use by the Users is voluntary and on their own initiative.
 
17. Bianchi Trading Ltd is not responsible for the completeness, validity and the content of the information contained in the hyperlinked sites.Bianchi Trading Ltd is not responsible for any damages caused to the User when using the services of the website.
 
18. Bianchi Trading Ltd does not guarantee a seamless and uninterrupted access to www.bianchi.bg. Bianchi Trading Ltd is not responsible for the sudden exhaustion of stock availability.
 
19. Bianchi Trading Ltd is not responsible for any inaccuracies in the product information submitted by the manufacturer or the importer.
 
20. Bianchi Trading Ltd is not responsible for delay or non-fulfillment of its obligations for reasons beyond the control of the company.
 
21. Bianchi Trading Ltd undertakes to observe the arrangements with the User with due care.

 
ADDITIONAL PROVISIONS
 
1. By accepting these Terms and Conditions, it is considered that the User has also consented to the collection, storage and processing by the Supplier (personally or through another person) of the personal data provided by the registration, order or purchase, provided that the Supplier the Personal
Data Protection Act and other relevant legal acts. The data will be used to serve customers - accepting and executing orders, providing information in the form of a newsletter, information and commercial communications, event promotion, and contact with users in the event of problems arising from the order. User's refusal to receive information or advertising and information messages is made in accordance with the applicable legislation and these General Terms and Conditions.
 
2. The Supplier is entitled to use subcontractors for the performance of the services offered on the site, without the need to notify or obtain the consent of the buyer for this. The Supplier will be responsible for the actions of these subcontractors as its own.

3. The parties declare that if any parts of these Terms and Conditions are invalidated, this will not invalidate these Terms and Conditions, and the individual invalid clauses will be deemed to be legally superseded by mandatory rules of the law.
 
4. All disputes between the parties are resolved in a spirit of understanding and goodwill. In the event, that consent is not reached, any unresolved disputes arising out of the agreement between the parties or relating to it, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes over the filling of gaps in the contract; its adaptation to newly emerging circumstances will be settled by the court in the city of Sofia.
 
5. The written form is also considered to be complied with by sending an e-mail, pressing an electronic button on a content page that is filled in by the User, or a field mark on the Supplier's website and the like, as long as the statement is written technically in a way that enables to be reproduced.
 
6. For the purposes of these Terms and Conditions, the following terms and expressions used in these Terms and Conditions have the following meaning:
 
"Website/site" - the domain www.bianchi.bg and its subdomains.
 
"User" - a natural person over 18 years of age or a legal entity registered in the Republic of Bulgaria and has agreed to these General Terms and Conditions.

"Goods and Services" - each subject of the purchase contract from the site.
 
"Order" - an electronic document, representing communication

GDPR
As users of the official electronic portal of Bianchi Trading Ltd - http://bianchi.bg you can browse its pages without filling out registration forms and entering personal data.
In case you want to use specialized modules and services, you need to enter the required data in order to perform the procedure you are requesting. The submitted information is not reused for purposes that are incompatible with those specifically requested, except when you have been informed to register for multiple services available through the portal (unified user profile).
Bianchi Trading Ltd, the legal entity, owner of the above-mentioned electronic portal, is a data controller (registered with identification number 281010 / 23.10.2012). Personal data necessary for a specific service to users and stored in the legally prescribed time frame are collected and processed.
When processing is provided, it is not allowed to transport sensitive information (including personal data) to unprotected channels.
The collection and processing of personal data for other purposes shall be carried out only with the explicit consent of the persons providing them and in compliance with the requirements of the Personal Data Protection Act.
The main purpose of the portal is, to provide effective service to its Users with secured personal data protection. We maintain administrative, program and technical measures, and resources to protect data against unauthorized access and disclosure, against accidental or unauthorized destruction and
alteration, as well as against abuses (non-disclosure). Bianchi Trading Ltd does not provide to third parties information for their users, except in the cases expressly regulated in the relevant legal provision.

ATTENTION: To ease the service of our users on the portal, we publish links to sites that are not supported by Bianchi Trading Ltd We emphasize that we have no control over them and we are not responsible for the information you provide to these sites.
Bianchi Trading Ltd changes the procedures and the means for protection of personal data in accordance with the changes in the regulations and development of the protection technologies, for which - the current state of protection is published on this portal together with the date of the update.
We encourage our users to periodically review this statement to keep up with the level of personal data protection.