General Terms and Conditions
1.General provisions
1.1.The purpose of these General Terms and Conditions is to regulate the relations between Rosi EOOD, Galabovo, ul. Dr. Zhekova 20A, Company ID (UIC) Number 123556288 and VAT Number BG 123556288, hereinafter referred to as "Seller" and any Customers of the company that may use its online store.
1.2.Seller’s mailing data:
Address: Stara Zagora, kv. Industrialen, ul. Promishlena 43
Phone: 042 620 660
Email: [email protected]
1.3.These General Terms and Conditions as updated from time to time are an indivisible part of all existing and future contracts entered into with us unless explicitly agreed otherwise in writing.
1.4.Offers made by the Seller are non-binding. A supply contract of goods and/or services will only be deemed to have been concluded upon receipt of order confirmation.
1.5.These provisions shall apply to all goods and services offered electronically by the Seller.
2.Delivery, delay
2.1.Delivery shall be at the expense and risk of the Customer unless agreed otherwise in writing.
2.2.If no other agreement is at hand, delivery period shall start at the time of any of the following occurrences, whichever takes place last:
a)The date of order confirmation;
b)The date on which the Customer fulfills all its preliminary obligations;
c)The date on which we obtain any advance payment due prior to delivery.
2.3.The Seller may make partial and preliminary deliveries.
2.4.Goods and services shall be taken over by the Client at its expense in any of the following manners:
a)In the Seller’s warehouse;
b)By courier against payment in cash upon delivery;
c)Otherwise as expressly agreed with the Customer.
2.5.Takeover may be agreed to take place in any other locations or by any other carriers, in which case the risk of loss and damage shall pass onto the Customer at the time the goods leave our warehouse.
2.6.Goods and services shall be delivered within the deadlines agreed between the parties, and if no deadline is specified, then the Customer may ask for their delivery within a reasonable time limit.
2.7.If the Customer does not accept any goods and/or services provided according to its purchase order in the place and time as agreed, the Seller may either set a deadline for acceptance of such goods or services or it may withdraw from the contract, in which case the Customer shall be liable to pay all shipping costs incurred to date. When agreeing on a new acceptance deadline, the parties agree that the goods and/or services already provided cannot be used for any other purposes and payment shall be due for them.
2.8.Any costs incurred for deliveries outside the Seller's warehouse shall be at the expense of the Customer. Upon refusal by the Customer to accept any goods and/or services for reasons due to the fault of the Seller, the Customer shall pay all transport costs to and from the warehouse of the Seller.
2.9.Deliveries that are slightly overdue shall in any case as agreed in detail be accepted by the Customer without its right to claim for damages or withdraw from the contract. Force majeure circumstances and any other unforeseeable events or contingencies beyond our control such as employment disputes, transport contingencies, serious power outages, road accidents, delayed deliveries by sub-suppliers, etc. shall lead to proportional extension of the delivery period. In case of default, the Seller’s obligation for such a delivery shall cease to apply.
2.10.In case of a delayed delivery due to the fault of the Seller, the Customer may set another deadline within a reasonable time period or it may withdraw from the contract.
2.11.If the new deadline under clause 2.10 is breached through the fault of the Seller, the Customer may withdraw from the contract in writing with regard to all goods not yet delivered. The Customer shall be entitled to refund of all down payments made for the undelivered goods and/or services. Claims beyond that refund are precluded.
2.12.The Seller shall hand over the goods and/or services in accordance with the requirements of the CPA and that shall be certified by the signature of the Customer or its authorized representative upon receipt of the goods and/or services.
2.13.For export the minimum amount of the order must be 50 Euro /without VAT included.
3.Price
3.1.All prices are ex-warehouse and they do not include packaging and loading. If a delivery is agreed to be received out of the Seller's warehouse, the prices then will not include transport, unloading, handling, courier services, etc.
3.2.All prices are based on the costs incurred at the time of pricing. If costs change until delivery, these changes shall be for the benefit or at the expense of the Customer.
3.3.All prices are inclusive of VAT.
4.Payment
4.1.Payments shall be made in accordance with the announced prices and the conditions agreed upon. Unless agreed otherwise in the order confirmation, the price of goods and/or services shall be paid upon receipt of their order confirmation prior to their takeover or shipment.
4.2.If the deliveries are made in lots, the Seller may bill each lot separately.
4.3.The Customer may not retain payments in case of warranty claims or any other counter-claims not recognized by the Seller irrespectively of their nature. No offsetting is allowed thereof.
4.4.If the Customer is late in any payment, the Seller may suspend the fulfillment of its obligations pays the overdue amount and/or it may either ask for immediate payment of the purchase price in full or withdraw from the contract. In any case, the Seller shall be entitled to charge the Customer a penalty of 0.1% on the outstanding price but not more than 10% of the contract value. Seller may also claim damages in case of more significant losses incurred to it by such a delay.
5.Responsibility
5.1.The Seller warrants that the goods and/or services provided will meet the agreed quality. Specific properties may only give rise to liability if supported by consent in writing. Deviations due to workmanship or materials will give no rise to liability.
5.2.The Customer s is entitled to make claims in writing if it detects any defects upon receipt of the goods and/or services either immediately or later if and when any such defects are identified for the first time but not later than 2 (two) working days of receipt, and it shall describe in detail the kind, quantity, particulars, etc. If the goods are packed, the time agreed for making claims is three days.
5.3.In the event of objections with regard to defects and claims, the Customer shall first accept the goods and/or services, and then unload and store the goods in accordance with the relevant requirements.
5.4.If there is no objection raised for defects, the goods shall be deemed accepted. In this case, warranty claims and/or claims for damages and the right of appeal for any errors made will not be accepted.
5.5.The Seller shall only bear the expenses incurred by the Customer for remedy of defects including the expenses incurred for any purchases with the aim of replacement, if the Seller has given its prior written consent for it.
5.6.In the event of hidden defects of the goods, the Customer shall have any of the following rights:
- To ask for replacement of the goods with goods of better quality;
- To ask for a proportional reduction of the price.
5.7.The right of Client under clause 5.6 shall cease to exist 2 (two) working days after acceptance.
5.8.The Seller shall take measures and shall be responsible for protecting the personal data of the Customer, which have become known to the former in the course of the contractual relations.
6.Other provisions
6.1.If any provision of these General Terms and Conditions is rendered invalid, it will affect the validity of the entire contract concluded by the parties.
6.2.The Parties shall not disclose to third parties information they have obtained from the conclusion or performance of the contract, or in relation with it.
6.3.Correspondence between the parties will be deemed validly received if it is delivered in writing or communicated by email.
6.4.All disputes arising from a contract concluded between the parties, to which these General Terms and Conditions are supplemented, shall be resolved in an amicable manner. If the parties fail to reach an agreement, the dispute shall be referred to the competent Bulgarian court.
6.5.These General Terms and Conditions are published at: rosi.bg together with all amendments and supplements to them and they shall apply until expressly repealed or replaced with others.