Terms and conditions

General terms and conditions for using the electronic store of “PLUSHENI IGRACHKI.BG” OOD

These General Terms and Conditions govern the relationship between PLUSHENI IGRACHAKI.BG OOD, on the one hand, as a supplier/seller and the users using the electronic store, based on a web page with the address www.personalizirai.bg, on the other hand, on the occasion of the offer, the conclusion and the execution of distance sales contracts with a subject – goods offered for sale by the supplier – clothing, shoes, bags, accessories and household goods.

These general conditions bind all persons: guests – visitors to the web page or users who have registered an account on the same.

When using the electronic store, the persons undertake to comply with these General Terms and Conditions, as well as the applicable legislation of the Republic of Bulgaria and the European Union.

The persons using the electronic store declare their agreement with the present general conditions by an active action – pressing the relevant button. For registered users, this consent is granted when registering the relevant profile in the electronic store, and for users – guests of the web page, when placing the relevant order.

  1. Definitions

Supplier/Seller – is the trading company named “PLUSHENI IGRACHKI.BG” OOD, EIK: 204455976, registered office in the city of Plovdiv, management address in the village of Trud, Plovdiv region, 41 Karlovsko Shosse Street, address for submission of complaints, contract refusals /order/ and other correspondence: Trud village, Plovdiv region, 41 Karlovsko Shosse street, phone: 032947947, e-mail: eshop@plusheniigrachki.bg 
Electronic store – is the web page /domain/ www.personalizirai.bg and its subdomains . 
User – is a natural person who uses the electronic store. 
Order – is the user’s order for certain Goods selected by him, with a certain price, with an obligation to pay the final price of the order and the chosen method of payment for the same, as well as the place of receipt of the Goods – subject of the order. 
Goods – all goods – visualized and offered by the Supplier in the electronic store at www.personalizirai.bg 
Price of the Goods – is the price per unit, stated in Bulgarian leva, including value added tax. 
Delivery Price – are the costs of delivering the Goods to the consumer, including value added tax. 
Final price of the Order – means the total Price of the Goods and the Price of Delivery. 
Profile – is a section in the e-shop containing information about the user provided during his registration. 
Personal data – are personal data within the meaning of the General Regulation on the Protection of Personal Data (EU) 2016/679 in force from 25.05.2018 and the Law on the Protection of Personal Data.

  1. Copyright and industrial property rights

2.1. The website www.personalizirai.bg (owned by “Plyusheni Igrachki.BG” OOD), its content and the content of the electronic store, as well as the registered Community trademark “Amek Toys” (owned by “Amek Toys” OOD) are objects of copyright rights and industrial property rights.

  1. Subject of the distance sales contract

3.1. The Supplier sells and delivers Goods remotely to the User through the Electronic Store after an explicit statement – an order by the User, consisting of the User’s selection of certain goods in a virtual “user cart”, by pressing the “add” button and completing the order by pressing the button “order with obligation to pay the final price”. 
3.2. The user pays the final price of the order in accordance with the terms and conditions of these General Terms and Conditions. 3.3. The supplier, after confirming the order placed, undertakes to deliver the goods to the user in accordance with the terms of these General Terms and Conditions and at the place specified in the user’s order.

  1. Use of the electronic store by users – guests or through a registered user profile

4.1. Shopping for goods offered by the supplier through the electronic store can be carried out by fully capable users – natural persons who are guests of the web page or those – who have registered an account on the latter. 
4.2. When shopping by a user – a guest on the web page, the user adds the selected items to a “virtual shopping cart” by pressing the “add” button separately for each selected item, thereby saving/reserving the selected items in the cart. In order to submit the order to the supplier, the user must electronically fill in certain information, which also includes personal data, namely: first and last name; a valid email address; telephone; place of delivery, which may also be a delivery address specified by the user; method of payment; additional notes to the order; 4.3. To complete the order, the user – guest should press the active button “order with obligation to pay the final price”. By pressing the specified button, the user undertakes to pay the final price of the order and agrees to the present general terms and conditions of the supplier. 4.4. Shopping can also be done by a registered user, by registering a user profile in the e-shop and access – entering the e-shop through the same profile. In order for the user profile to be registered and used, the user should provide and fill in electronically the following information containing personal data: first and last name; a valid email address; and by pressing the active “Registration” button, the user registers his profile and expresses his agreement with the present general terms and conditions of the provider. Registration can also be done in an expedited manner through third-party platforms such as Facebook and Google+, for which the provider provides available active registration buttons through the respective user-selected platform. In the latter case, “PLUSHENI IGRACHAKI.BG” Ltd. receives access to the user’s personal data, necessary for registration, collected by Facebook or Google, respectively. After registration, the user has access to his profile, respectively shopping functionality in the electronic store, by successively entering an e-mail address and password, and pressing the active “login” button. On its web page, the Provider also provides the possibility of quick access to the relevant user profile and through third-party platforms, such as Facebook and Google+, for which the user should press the corresponding active button “LOG IN” connected to the relevant platform.

4.5. When shopping through a registered user profile, the user can select and add items to the “virtual shopping cart” by pressing an active “add” button separately for each selected item, which allows him to save/reserve the same items in the cart. To complete the order, the registered user should fill in information regarding: choice of delivery address and payment method, and press the active button “order with obligation to pay the final price”. By pressing the indicated button, the user undertakes to pay the final price of the order.

  1. Prices and payment methods. Confirmation of the order by the supplier

5.1. In the electronic store www.personalizirai.bg, for each product offered by the supplier and visualized, a specific sales price of the product is indicated, as well as information on the main characteristics of the product, aimed at helping the relatively informed user to form his choice to purchase the product from a distance or not to purchase the same. All prices of goods are binding on the supplier from the moment of their publication, and the latter reserves the right to change them unilaterally without warning. The supplier cannot change the price of a product – the subject of an order made by the user or confirmed by the supplier. 
5.2. The final price of the Order can be paid in one of the following ways, according to the wish stated by the user when generating the order:

If it is necessary to return amounts paid by card to the User, this will be done by ordering a reverse operation on the card with which the payment was made within 20 working days.

5.3. The obligation to pay the final price of the order arises for the user from the moment of pressing the active button “order with obligation to pay the final price” . 
5.5. The distance sales contract with subject – the goods ordered by the user binds the supplier from the moment of the explicit confirmation of the order by the latter. For this purpose, the supplier sends the user an explicit electronic message via e-mail, containing a statement that the order made by the user with the subject of the goods selected by the user against the corresponding final price, has been accepted under the corresponding number for execution by the supplier. 5.6. To avoid any disputes, the user accepts that the supplier will be bound by the orders made by the former, only if the latter has confirmed these orders in accordance with Art. 5.5.5.7. The supplier will consider as valid any order made by a user – guest of the web page or by a registered user through a registered profile in the electronic store at the address www.personalizirai.bg, as made in the name and at the expense of the individual, whose personal data were filled in when generating and completing the order, respectively when registering the profile, regardless of whether this order was made personally by the same person or not.

  1. Delivery

6.1. The goods are delivered to the place of delivery indicated by the User, which can be: the supplier’s commercial establishment in the village of Trud, Plovdiv region, 41 Karlovsko Shosse Street; office address of a courier specified by the customer in the territory or address of the recipient; 
6.2. The goods are delivered against the signature of the user or the addressee, who is indicated by the first to receive the goods. If it is impossible to hand over the goods at the first visit to the address and person specified by the User, through no fault of the Supplier and/or the courier (in the event that there is no one at the address, etc.), the supplier makes an effort to contact the user at the specified from the last phone or e-mail address within 2 /two/ working days, in order to specify a new time for delivery. In the event of impossibility of delivery and in the case of a second attempt not due to the fault of the Supplier and/or the courier and in the presence of culpable behavior on the part of the user or of the person indicated by the first person – his addressee, impeding the delivery/receipt of the goods / culpable act or omission, impeding delivery/receipt of the goods/, the Supplier is released from its obligation to actually deliver the ordered goods within the terms specified in the following art. 6.3. 
6.3. The terms for delivery of the Goods are as follows: • For delivery to an address within the city of Plovdiv – 3/three/ working days, counting from confirmation of the order.• For delivery to other settlements – 3/three/ working days counting from confirming the order.6.4. If cash on delivery is selected as the payment method, the delivery terms begin to run from the date of receipt of the electronic order confirmation message sent by the supplier to the user. If payment by bank transfer or by debit/credit card is selected, the delivery terms begin to run from the date of receipt of the value of the Order on the Supplier’s bank account, that is, from the confirmation of the supplier’s bank account with the final price of the order. 6.5. The price of the Delivery is indicated when each order is generated. 6.6. When handing over the delivered Goods, the User or a third party indicated by him must sign the documents accompanying the Goods. A third party will also be considered any person, other than the user who placed the Order, but who accepted the same, on behalf of the user, upon delivery of the goods to the delivery address specified by the latter in the order.

  1. Rejection. Complaints

7.1. According to Art. 50 of the Consumer Protection Act (CPA), the consumer has the right to refuse the goods received (from the concluded distance sales contract) without giving a reason, without owing compensation or penalty and without paying any expenses, with the exception of the expenses provided for in art. 54, para. 3 and Art. 55 of the Civil Code within 14 days from the date of: acceptance of the goods by the consumer or from a third party other than the carrier and indicated by the consumer or when the consumer has ordered many goods with one order that are delivered separately, from the date , on which the consumer or a third party, other than the carrier and indicated by the consumer, has taken possession of the last goods. 
7.2. Information on exercising the right to withdraw from the contract (Appendix No. 7 to Article 47, Paragraph 4 of the Civil Code) Standard instructions for withdrawal: I. Right to withdraw from the contract at a distance or outside the commercial premises.II. You have the right to withdraw from this contract without giving reasons within 14 days. III. The cancellation period is 14 (fourteen) days from the date on which you or a third party, other than the carrier and indicated by you, took possession of the goods or in the case of a contract according to which the user orders many goods with one order, which are delivered separately: the date on which you or a third party, other than the carrier and named by you, took possession of the last goods. To exercise your right of withdrawal, you must notify us of your name, geographic address and, if available, telephone number, fax number and email address, and of your decision to withdraw from the contract by an unequivocal statement, such as a letter sent by post, fax or e-mail. You may use the attached standard opt-out form, but this is not required. You can fill out and submit electronically the attached standard opt-out form or another unambiguous opt-out application on our website www.personalizirai.bg. If you use this option, we will immediately send you in a durable medium – by e-mail, a message confirming the receipt of the refusal. In order to comply with the withdrawal period, it is sufficient to send your message regarding the exercise of the right of withdrawal before the expiry of the withdrawal period. 
IV. Action of refusal. If you cancel this contract, we will refund all payments we have received from you, including the cost of delivery to you (excluding any additional costs associated with a delivery method chosen by you other than the cheapest standard delivery method delivery, offered by us through the courier service of “Speedy” JSC), without undue delay and in any case no later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We will refund the amount due according to the method of payment you used or according to your instructions and wishes: by bank transfer, by cash on delivery, by payment at the cash desk – in cash.; We have the right to delay refunds until we receive the goods back or until you provide us with evidence that you have sent back the goods, whichever is the earlier. We expect you to send or return the goods to us without undue delay, in the form and condition in which they were sent to you by us and in any case no later than 14 (fourteen) days after the day on which you informed us of your refusal of this contract. The deadline is considered to be met if you send the goods back to us before the expiry of the 14-day period. You must bear the direct costs of returning the goods. You are solely responsible for a reduction in the value of the goods or their complete depreciation as a result of their testing and/or use other than what is necessary to establish their nature and characteristics. 7.3. A form for exercising the right to withdraw from the distance contract can be found here . 
7.4. The user has the right to a complaint in accordance with the Consumer Protection Act. When exercising the right of complaint, the user presents the goods in the form and condition in which they were sent, as well as a receipt and/or invoice /if one has been issued/; protocols, acts or other documents establishing the non-compliance of the goods with the agreed; as well as other documents establishing the claim by basis and amount. If these requirements are not fulfilled, the supplier is not obliged to satisfy the consumer’s complaint. When the goods do not comply with the concluded distance sales contract, the Seller is obliged to bring them into compliance with the contract. Bringing the goods into compliance with the sales contract should be carried out within 1 /one/ month, counted from the date of submission of the claim by the consumer. 
7.5. In case of cancellation of the contract or a complaint, the user is obliged to make an effort to protect the goods until they are returned to the supplier. The user undertakes to make efforts to return the goods in the form and condition in which they were sent to him by the supplier. 
7.6. Goods with personalized elements (lettering, embroidery or print) are considered individual orders and are not subject to return or exchange, except in cases where one of the factors necessary for a complaint is found: damaged integrity or contamination. 
7.7. All transport and any other costs for the return of the Goods are entirely at the expense of the User. Until the return of the Goods by the User to the Supplier, the risk of accidental loss or damage is borne entirely by the User. The User bears the costs of returning the Goods and pays them in accordance with the relevant tariffs, price lists, etc. of the respective courier or other companies he has chosen to use for the return.7.8. When returning or claiming the goods, the user should send them back to the supplier at the address: Trud village, Plovdiv region, 41 Karlovsko Shosse street, Amek Toys

  1. Privacy notice available to users

8.1. The supplier “PLUSHENI IGRACHKI.BG” OOD, EIC: 204455976, headquarters city of Plovdiv, management address village of Trud, Plovdiv district, 41 Karlovsko Shosse street, address for submission of complaints, refusals of contract/order/ and other correspondence : Trud village, Plovdiv region, 41 Karlovsko Shosse street, phone: 032947947, e-mail: eshop@plusheniigrachki.bg; in its capacity as a personal data controller within the meaning of Regulation (EU) 2016/679 in force from 25.05.2018 and the Personal Data Protection Act, informs users that it will process the latter’s personal data in their capacity as data subjects, with the purpose of: identifying users when registering a user profile; generating and completing orders; confirming orders; conclusion of distance sales contracts accordingly; fulfillment of obligations arising under the same contracts; protection of rights of the supplier arising from the same contracts; and fulfillment of obligations arising from a normative act. In addition, the supplier “PLUSHENI IGRACHAKI.BG” Ltd. will also process personal data of users – visiting the electronic store, as guests or as registered users, through automated technologies, including cookies, for the purpose of analyzing web traffic in the electronic shop; providing advertising tailored to users’ interests and preferences; ensuring the functionalities of the electronic store and the security of the connection and service when using the latter by the user; carrying out other forms of direct marketing.

For more information on: the basis for processing personal data; the purposes of processing; the types of personal data – subject to processing; the term of their storage by the supplier; the access of third parties – “recipients” to the personal data processed by the provider; the consequence of the user’s failure to provide them to the supplier; the provider’s intention to transfer them to a country outside the European Union; as well as regarding the rights of data subjects provided for in Regulation (EU) 2016/679 in force from 25/05/2018 and the Personal Data Protection Act, see the Privacy and Cookie Policy , the latter duly published on the web page www.personalizirai.bg from the supplier PLUSHENI IGRACHKI.BG OOD, in his capacity as an administrator.

  1. Other provisions

9.1. In the event of disputes arising from or in connection with the conclusion and execution of distance sales contracts through the electronic store of “PLUSHENI IGRACHAKI.BG” OOD, the parties will make efforts to resolve them in a spirit of understanding and mutual compromises. In the event that the parties fail to reach an agreement, the dispute between them will be finally resolved by the competent Bulgarian court. Alternatively, in case of any disputes with “PLUSHENI IGRACHAKI.BG” OOD, the user has the right to turn to the European online dispute resolution platform (the ORS platform) at https://webgate.ec for resolution. europa.eu/odr/main/?event=main.home.show&lng=BG , or before the General Conciliation Commission of the Commission for Consumer Protection with headquarters in Sofia. Address: Sofia 1000, Slaveykov Square No 4A, phone 02/ 9330 517, website www.kzp.bg ; e-mail: adr.sofia@kzp.bg. 
9.2. The provisions of Bulgarian substantive and procedural law shall apply to all matters not settled in these General Terms and Conditions. The supplier can change these general terms and conditions at any time by publishing the changes made at the address www.personalizirai.bg in a timely manner within 7 /seven/ days of their change. In addition, with regard to already registered customers/users, the Supplier is obliged to notify them in an appropriate manner of the changes made to the telephone or electronic mail or correspondence address specified by them within the specified 7 /seven/ day period.

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