General terms and conditions concerning the purchase using
the “On-line shop for card technologies” of Comitex Ltd.
Parties
Art. 1. The following general terms and conditions contain a framework purchase agreement between Comitex Ltd., registered at the Sofia City Court under company case No. 8559/1995, hereinafter referred to as Comitex, on the one side and the person/ party, who has expressed an agreement in an electronic way in the website http://eshop.comitex.net with the terms and conditions of the purchase, hereinafter referred to as the Client, on the other side.
Definitions
Art. 2. Upon the interpretation and application of the General Terms and Conditions, the listed terms and phrases below have the following meaning:
"Website" is a defined place in the global Internet, accessible via its unified address (URL) as per protocol HTTP, HTTPS or another standardized protocol, containing files, programs, texts, sound, pictures, images or other materials and resources.
"On-line shop for card technologies" is a website for e-commerce performed by COMITEX Ltd. – a virtual informational resource on the Internet used for sales and delivery of the goods published in it, which is part of the company website www.comitex.net.
"IP address" is a unique identification number, associating computer, Internet page or Client’s resource in a way that allows their localization in the global network.
Agreement
Art. 3. (1) Everyone can use the resources and services provided by Comitex in the Online Shop for Card Technologies as per the General Terms and Conditions.
(2) The publication of the following General Terms and Conditions, as well as the product description and prices in the Online Shop for Card Technologies is a public invitation as per Art. 290, p. 1 of the Commercial Law to make a purchase order in accordance with them in the way described in the following paragraph.
(3) By marking the field “I agree with the purchase terms and conditions” and clicking on the virtual button “Continue” the Client makes an electronic statement, as per the Electronic Document and Electronic Signature Law, declaring that he is aware of the General Terms and Conditions and agrees to purchase the goods he has selected under these terms and conditions. Upon its recording in the Comitex server, by means of a common standard related to the technical conversion making its reproduction possible, the electronic statement becomes an electronic document as per the above mentioned law.
Art. 4. (1) Each separate purchase statement made by the Client to Comitex is considered as agreed separately.
(2) The separate individual contracts are considered signed upon the authorization of the respective payment as per Art. ....................
(3) If the address and/ or telephone indicated in the order are not correct, Comitex is not entitled to execute the order.
(4) It is assumed that each person, who has paid the price of the goods he has ordered, has expressed his will and commitment to the General Terms and Conditions.
Publication of information about the goods in the Online Shop for Card Technologies
Art. 5. (1) Comitex publishes short description and price for each of the goods that can be purchased via the Online Shop for Card Technologies on http://eshop.comitex.net.
(2) Comitex is not responsible for any wrong or invalid product information provided by the manufacturer.
Prices
Art. 6. (1) All prices published in the Online Shop for Card Technologies are in BGN without VAT.
(2) The prices listed here are for one unit only or one package and do not include the delivery costs.
(3) The final price owed by the Client is included in the invitation for the purchase of the goods as per the time the order has been placed according to Art. 3, p. 3.
Time and way of payment
Art. 7. (1) The price as per Art. 6 and the delivery costs can be paid in one of the following ways:
- by credit card;
- in some other way described in the web page of the Online Shop for Card Technologies.
(2) The delivery is made after transaction authorization.
Rights and obligations of the parties
Art. 8. Comitex undertakes to:
- transfer the ownership of the ordered goods to the Client;
- deliver the goods in time;
- perform his duties with the necessary care;
Art. 9. (1) The Client undertakes to:
- provide accurate and valid telephone and address for delivery;
- pay the price of the goods;
- cover the costs for delivery;
- ensure access and possibility for the goods to be delivered;
- receive the goods;
(2) The Client shall:
- not make false orders or provide incorrect information;
- conform to the Bulgarian legislation, the applicable foreign laws, the following General Terms and Conditions, the Internet Ethics, and moral ethics;
- not violate someone else’s property or non-material rights;
- not pretend to be someone else or representative of a legal entity or group of people, that he has not been entitled to represent, or in other way to mislead third parties about his identity or affiliation to a certain group of people;
Delivery
Art. 10. (1) The ordered goods is delivered to the address given by the Client within the term indicated in the basket as a general delivery term.
(2) The delivery term according to p. 1 starts as per the first working day after the payment has been authorized.
(3) The goods is delivered properly packaged according to its type and the transport for delivery.
Submission of goods
Art. 11. (1) The goods is handed over to the Client or other person, who is at the delivery address indicated by the Client. The person accepting the goods confirms, on behalf of the Client, its receipt by his signature.
(2) Upon handing over the goods the Client or the person as per p.1 signs the accompanying documents.
(3) Upon refusal, apart from the cases described in Art. 12, p. 1, the latter is considered not reasonable and the Client undertakes to cover the costs for the return of the goods. In this case the Client is obliged to indemnify Comitex for all damages and missed benefits, including all other costs apart from the delivery costs and those for the return of the goods, resulting from the refusal.
(4) If as per the deadline for delivery the Client is not found at the given address or access and conditions for the delivery of goods are not ensured during this term, Comitex is free of its obligation to deliver the ordered goods. The Client may confirm his will to receive the goods after the expiration of the delivery term during which term he has not been found at the address, by covering all additional costs related to the delivery. In this case there is a new delivery term as per the moment of the confirmation.
Art. 12. (1) The Client has the right to refuse to accept the goods he has ordered when they are delivered under one of the following conditions: 1. the delivered goods do not correspond to the ordered goods and this can be found out by an ordinary check;2. the goods or its package have been damaged during transportation.
(2) Refusal to accept the goods as per the conditions in p. 1 is not acceptable after the accompanying documents as per Art. 11, p.2 have been signed.
(3) After the goods have been received, the Client has the right to require its return if there is a significant defect, which could not have been detected upon its regular check.
(4) Under the conditions stated in par. 1, p. 1, as well as upon discrepancy (which could not have been detected at the time of delivery) between the ordered goods and delivered goods, the Client may require the delivered goods to be replaced with the goods corresponding to the ones he has ordered within 24 hours after their receipt.
(5) The Client has the right, without owing compensation, to give up on the signed agreement within 7 days as per the day following its receipt. In this case the Client has to return the goods in its intact original package and integrity, and at his own expense using the same courier.
Personal Data
Art. 13. (1) Comitex Ltd. protects the Client’s personal data which have become known upon the completion of the electronic form necessary to make a purchase order. This obligation is no longer valid, if the Client has submitted false data.
(2) Upon the observation of the active legislation and the clauses of the General Terms and Conditions, Comitex Ltd. can use the Client’s personal data solely for the purpose of the contract.
(3) Comitex Ltd. has the right to use the information as per p. 1 to offer goods and/ or services to the Client, for promotions, for statistical and any other legal goals, except in case of explicit refusal of the latter sent to the following address: eshop@comitex.net
(4) The above mentioned goals, for which the data can be used, are not listed in full, and do not cause obligations for Comitex Ltd. All other purposes, for which the data is used, will conform to the Bulgarian Law, the applicable international acts, the Internet Ethics, the morale and good will.
Information Disclosure
Art. 14. Comitex Ltd. is entitled not to disclose any Client’s personal data to third parties – governmental agencies, companies, physical person or others, except in the cases when:
- the Client has explicitly agreed;
- the information is given to companies in which Comitex Ltd. owns more than 50% share or which it controls directly or indirectly, as well as to people and companies that control it directly or indirectly;
- the information has been required by governmental bodies or officials, who, according to the legislation, are entitled to require and collect such information;
- Comitex Ltd. is obliged to submit the information by virtue of the law.
Contract Termination
Art. 15. Apart from the above mentioned cases in the General Terms and Conditions, each of the parties can terminate the individual contract by giving one-week notice to the other party in case the obligations as per the contract have not been completed.
Liability
Art. 16. Comitex Ltd. is not liable to non-execution of duties as per the contract, if there are circumstances which are beyond the control of Comitex Ltd. – cases of irresistible force, accidental circumstances and problems with the global network, and with the delivery of services beyond the control of Comitex.
Indemnities
Art. 17. The Client has to indemnify Comitex Ltd. and third parties for all damages suffered and missed benefits, including any expenses and paid lawyers’ fees, incurred as a result of claims and/or paid indemnities to third parties regarding the non-execution of the obligations as per the contract, breach of the Bulgarian legislation, the applicable international acts, the General Terms and Conditions, the Internet Ethics and the morale.
Arbitration
Art. 18. All disputes between the parties shall be settled amicably and in the spirit of good will. In case mutual concession has not been achieved, all unsettled disputes, arising from the agreement signed by the parties or concerning this agreement, including arguments caused by or referring to its interpretation, invalidity, execution or termination, as well as arguments concerning filling in gaps in the contract or its adaptation to newly arisen circumstances, shall be resolved by the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry, conforming to its Case Regulations based on arbitration agreements.
Written Form
Art. 19. The written form is considered kept by using electronic mail, clicking on an electronic button on page with content which has to be completed by the Client, or marking a check box in the Comitex website and the like, as long as the statement is recorded technically in a way that allows its reproduction.
Non-validity
Art. 20. The parties declare that in case one or more of the clauses in the General Terms and Conditions are invalid this fact will not cause invalidity of the contract as a whole, of other clauses or its parts. The invalid clause will be substituted by the imperative regulations of the law or the established practice.
Intellectual Rights
Art. 21. All intellectual rights regarding the elements of the “On-line Shop for Card Technologies” belong to Comitex Ltd., including, but with no limitation to: texts, graphics, computer programs, data bases and other of that type.
Applicable Law
Art. 22. For all unsettled disputes by the General Terms and Conditions the regulations of the Bulgarian Law are applicable.
The above mentioned terms and conditions are valid as per 20 October 2006.
Card devices
