Subject
Art. 1. These general terms and conditions are intended to regulate the relations between Hydropark ‘The Windmills’ Ltd., Sofia, 19 Yakubitsa Street, Lozenets district, UIC 202275253, represented by Dayana Petrova, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as USERS, of the online store “www.melnicite.shop”, hereinafter referred to as “ONLINE STORE”.
Supplier information
Art. 3. ELECTRONIC STORE is an electronic store accessible at the Internet address www.melnicite.shop, through which Users have the opportunity to conclude contracts for the purchase, sale, and delivery of goods offered by the ELECTRONIC STORE, including the following:
- To register and create a profile for viewing the ONLINE STORE and using additional services for providing information;
- To make electronic statements in connection with the conclusion or performance of contracts with the ONLINE STORE through the interface of the ONLINE STORE website, accessible on the Internet;
- To conclude contracts for the purchase, sale, and delivery of goods offered by the ONLINE STORE;
- To make any payments in connection with the contracts concluded with the ONLINE STORE, in accordance with the payment methods supported by the ONLINE STORE.
- Receive information about new goods offered by the ONLINE STORE;
- View the goods, their characteristics, prices, and delivery terms;
- To be notified of their rights under the law primarily through the interface of the ONLINE STORE website on the Internet;
Art. 4. The Supplier shall deliver the goods and guarantee the rights of Users provided for by law, within the limits of good faith, accepted practice, consumer or commercial law criteria and conditions.
Art. 5. (1) Users conclude a contract for the sale and purchase of goods offered by the ONLINE STORE through the Supplier’s interface, accessible on its website at www.melnicite.shop or other means of distance communication.
(2) Under the contract for the sale and purchase of goods concluded with the Users, the Supplier undertakes to deliver and transfer ownership of the goods specified by the User through the interface to the User.
(3) Users shall pay the Supplier remuneration for the delivered goods in accordance with the terms and conditions specified on the ONLINE STORE and these general terms and conditions. The remuneration shall be equal to the price announced by the Supplier on the ONLINE STORE website.
(4) The Supplier shall deliver the goods ordered by the Users within the terms and conditions specified by the Supplier on the website of the online store and in accordance with these general terms and conditions.
(5) The delivery price shall be determined separately and explicitly from the price of the goods.
Art. 6. (1) The User and the Supplier agree that all statements between them in connection with the conclusion and performance of the contract of sale may be made electronically and by means of electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that electronic statements made by Users of the website are made by the persons specified in the data provided by the User during registration, if the User has entered the appropriate username and password.
Use of the online store
Art. 7. (1) In order to use the ONLINE STORE to conclude contracts for the sale and purchase of goods, the User shall enter a username and password of their choice for remote access in cases where the online store requires registration.
(2) The username and password for remote access are determined by the User through electronic registration on the Supplier’s website.
(3) By filling in their details and clicking on the “Yes, I accept” and “Register” buttons, the User declares that they are familiar with these general terms and conditions, agree with their content, and undertake to comply with them unconditionally.
(4) The Provider confirms the registration made by the User by sending a letter to the email address specified by the User, to which information for activating the registration is also sent. The recipient confirms the registration and the conclusion of the contract by clicking on the electronic link in the letter sent by the Provider notifying them of the registration. After confirmation, a User account is created and a contractual relationship arises between the User and the Provider.
(5) When registering, the User undertakes to provide accurate and up-to-date information. The User shall promptly update the information provided in their registration in case of any changes.
(6) If a profile on a social network or other network is used to register the User, the party to the contract is the person who owns the profile used for registration on the relevant social or other network. In this case, the Provider shall have the right to access the data necessary to identify the User in the relevant social or other network.
Art. 8. (1) The email address provided during the User’s initial registration, as well as any subsequent email address used for the exchange of statements between the User and the Provider, shall be the “Primary Email Address” within the meaning of these general terms and conditions. The User has the right to change their Primary Contact Email Address.
(2) Upon receipt of a request to change the Primary Contact Email Address, the Provider shall send a request for confirmation of the change. The confirmation request shall be sent by the Provider to the new Primary Contact Email Address specified by the User.
(3) The change of the Primary Contact Email Address shall be made after confirmation by the User, expressed by a link contained in the confirmation request sent by the Provider to the new Primary Contact Email Address specified by the User.
(4) The Provider shall inform the User of the change made by sending an email to the Primary Contact Email Address specified by the User before making the change under paragraph 2.
(5) The Provider shall not be liable to the User for any unlawful change of the Primary Contact Email Address.
(6) The Provider may require the User to use the Primary Contact Email Address in specific cases.
Technical steps for concluding a purchase agreement
Art. 9. (1) Users primarily use the interface on the Supplier’s website to conclude purchase agreements for the goods offered by the Supplier in the ONLINE STORE.
(2) The contract shall be concluded in Bulgarian.
(3) The contract between the Supplier and the User shall be governed by these general terms and conditions, available at www.melnicite.shop/terms.
(4) The party to the contract with the Supplier is the User according to the data provided during registration and contained in the User’s personal profile. For the avoidance of doubt, this is the data used to create an account with the Supplier.
(5) The Supplier includes in the interface of its website technical means for identifying and correcting errors in the entry of information before the declaration of conclusion of the contract is made.
(6) This contract shall be deemed concluded from the moment of registration of the User with the Supplier. The contract for the sale of goods shall be deemed concluded from the moment of its declaration by the User through the Supplier’s interface.
(7) For the conclusion of this contract and for the conclusion of the contract for the sale of goods, the Supplier shall expressly notify the User in an appropriate manner by electronic means.
(8) The statement of conclusion of the contract and the confirmation of its receipt shall be deemed to have been received when their addressees have access to them.
(9) The Supplier shall deliver the goods to the address specified by the Users and shall not be liable if the data provided by the Users is incorrect or misleading.
Art. 10. Users shall conclude the contract of sale with the Supplier in accordance with the following procedure:
(1) Registering with the ONLINE STORE and providing the necessary data if the User is not yet registered with the ONLINE STORE;
(2) Log in to the ONLINE STORE ordering system by identifying yourself with your username and password;
(3) Select one or more of the goods offered in the ONLINE STORE and add them to the shopping cart;
(4) Providing data for delivery;
(5) Selecting the method and time of payment.
(6) Confirmation of the order;
Special obligations of the supplier, consumer protection
Art. 11. The rules of this Section VI of these general terms and conditions apply to Users who, according to the data provided for the conclusion of the purchase agreement or upon registration in the ONLINE STORE, can be considered consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
Art. 12. (1) The main characteristics of the goods offered by the Supplier are specified in the profile of each product on the ONLINE STORE website.
(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the ONLINE STORE website.
(3) The value of postal and transport costs not included in the price of the goods is determined by the Supplier and provided as information to Users at one of the following moments before the conclusion of the contract:
– In the profile of each of the goods on the Supplier’s website of the ONLINE STORE;
– When selecting the goods for the conclusion of the purchase and sale contract;
(4) The method of payment, delivery, and performance of the contract shall be determined in these general terms and conditions, as well as the information provided to the User on the Supplier’s website.
(5) The information provided to Users under this article is current at the time of its display on the website of the ELECTRONIC STORE Provider prior to the conclusion of the purchase agreement.
(6) The Supplier shall specify the terms of delivery of the individual goods on the website of the ONLINE STORE.
(7) The Supplier shall specify the total value of the order for all goods contained therein prior to the conclusion of the contract.
Art. 13. (1) The consumer agrees that the Supplier has the right to accept advance payment for the contracts concluded with the consumer for the sale and purchase of goods and their delivery.
(2) The consumer shall choose independently whether to pay the Supplier the price of delivery of the goods before or at the time of their delivery.
Art. 14. (1) The consumer has the right, without owing compensation or penalty and without giving a reason, to withdraw from the contract within 7 working days from the date of receipt of the goods.
(2) The right of withdrawal under paragraph 1 shall not apply in the following cases:
– for the supply of goods and services whose price depends on fluctuations in the financial markets that the Supplier is unable to control;
– for the supply of goods manufactured in accordance with the consumer’s requirements or to his individual order;
– for the delivery of goods which, by their nature, are consumable or cannot be returned or are subject to rapid deterioration, or there is a risk of deterioration in their quality characteristics, including perfumes and cosmetics;
– for the delivery of audio and video recordings or software products printed by the consumer;
– for the delivery of newspapers, magazines, and other periodicals;
(3) Where the Supplier has failed to fulfill its obligations to provide information as specified in Article 54 of the Consumer Protection Act, the consumer shall have the right to withdraw from the contract within three months from the date of receipt of the goods. When the information under this paragraph is provided to the consumer within the withdrawal period, the period shall start to run from the date of its provision.
(4) If the consumer exercises their right of withdrawal under paragraph 1, the Supplier shall be obliged to refund the full amount paid by the consumer no later than 30 calendar days from the date on which the consumer exercised their right to withdraw from the contract. The costs of returning the goods shall be deducted from the amount paid by the consumer under the contract, unless the consumer has returned the goods at their own expense and has notified the Supplier thereof.
(5) The consumer undertakes to store the goods received from the Supplier, their quality and safety during the period specified in paragraph 1.
Art. 15. (1) The delivery period of the goods and the starting point from which it runs shall be determined for each item separately upon conclusion of the contract with the consumer through the Supplier’s ONLINE STORE website, unless the goods are ordered in a single delivery.
(2) If the consumer and the Supplier have not specified a delivery period, the delivery period for the goods shall be 30 working days from the date following the sending of the order to the Supplier via the Supplier’s ONLINE STORE website.
(3) If the Supplier is unable to perform the contract because it does not have the ordered goods, it shall notify the consumer thereof and refund the amounts paid by the consumer within 30 working days from the date on which the Supplier should have performed its obligation under the contract.
(4) In the cases referred to in paragraph 3, the Supplier shall be entitled to deliver goods of the same quality and price to the consumer. The Supplier shall notify the consumer electronically of the change in the performance of the contract.
(5) In the event of exercising the right to withdraw from the supply contract under paragraph 4, the costs of returning the goods shall be borne by the Supplier.
Art. 16. (1) The Supplier shall deliver the goods to the Consumer after certifying compliance with the requirements and circumstances under Art. 61 of the Consumer Protection Act.
(2) The consumer and the Supplier shall certify the circumstances under paragraph 1 in writing at the time of delivery by means of a handwritten signature, unless otherwise agreed.
(3) The consumer and the Supplier agree that the requirements under paragraph 1 and Article 61 of the Consumer Protection Act shall be met if the verification is performed by a person who, according to the circumstances, can be reasonably expected to pass on the information to the consumer – a party to the contract.
Other conditions
Article 17. (1) The Supplier shall deliver and transfer the goods to the User within the period specified in the contract.
(2) If the term under paragraph 1 has not been expressly agreed between the parties upon conclusion of the contract, the Supplier shall deliver and transfer the goods within a reasonable period of time, but not later than 2 months.
Art. 18. The User shall inspect the goods at the time of delivery and transfer by the Supplier and, if they do not meet the requirements, shall immediately notify the Supplier thereof.
Personal data protection
Art. 19. (1) The Provider shall take measures to protect the User’s personal data in accordance with the Personal Data Protection Act.
(2) For reasons of security of the Users’ personal data, the Provider shall send the data only to the e-mail address specified by the Users at the time of registration.
(3) The Provider shall adopt and publish on its website a Personal Data Protection Policy, available at www.melnicite.shop/terms.
Art. 20. (1) At any time, the Provider has the right to require the User to identify themselves and verify the authenticity of each of the circumstances and personal data provided during registration.
(2) If, for any reason, the User has forgotten or lost their username and password, the Provider has the right to apply the published “Procedure for lost or forgotten usernames and passwords,” available at www.melncite.bg.
Amendment and access to the general terms and conditions
Art. 21. (1) These general terms and conditions may be amended by the Provider, who shall notify all registered Users of the ONLINE STORE in an appropriate manner.
(2) The Provider and the User agree that any additions and amendments to these general terms and conditions shall be effective for the User after the Provider has expressly notified the User thereof and if the User does not declare within the 14-day period provided to them that they reject them.
(3) The User agrees that all statements by the Provider in connection with the amendment of these general terms and conditions will be sent to the email address provided by the User during registration. The User agrees that emails sent in accordance with this article do not need to be signed with an electronic signature in order to be effective.
Art. 22. The Provider shall publish these general terms and conditions at www.melnicite.shop/terms, together with all additions and amendments thereto.
Termination
Art. 23. These general terms and conditions and the User’s contract with the Provider shall be terminated in the following cases:
– upon termination and declaration of liquidation or declaration of insolvency of one of the parties to the contract;
– by mutual agreement of the parties in writing;
– unilaterally, with prior notice from either party in the event of non-performance of the other party’s obligations;
– in the event of objective impossibility for either party to the contract to perform its obligations;
– in the event of seizure or sealing of the equipment by state authorities;
– in the event of deletion of the User’s registration on the ONLINE STORE website. In this case, the concluded but unfulfilled purchase and sale agreements remain in force and are subject to performance;
– in case of exercising the right of withdrawal pursuant to Art. 55, para. 1 of the Consumer Protection Act.
Additional terms
Art. 24. The possible invalidity of any of the provisions of these general terms and conditions shall not result in the invalidity of the entire contract.
Art. 25. For matters not covered in this contract relating to the performance and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.
Art. 26. All disputes between the parties to this contract shall be settled by the competent court or the Consumer Protection Commission.
Art. 27. These general terms and conditions shall enter into force
Art. 28. Vouchers may be used:
– only for attractions within one day
– only for consumption in one establishment within one day
– overnight stay at the hotel complex
Art. 29. Vouchers cannot be used for:
– payment of entrance fees
– attractions, consumption in restaurants, overnight stays (together)
Art. 30. Admission tickets can only be used once, on a day chosen by the User, until the end of September 2023.