Terms and Conditions
These general terms and conditions are an integral part of the Purchase contract and govern the relationship between VLADISARA CONSULT EOOD, hereinafter referred to as the “Trader”, the “Company”, the “Firm”, on the one hand, and the Consumers of services, hereinafter referred to as Consumers/Customers, on the other hand.
VLADISARA CONSULT EOOD is a company registered under the Commercial Law of the Republic of Bulgaria with UIC 206760977, with registered address at 3, Momchil Voyvoda Str., 7000 Ruse, with office address at 3, Tsarkovna Nezavisimost Str., fl. 2, office 6, Ruse, with email address office@vladisaraconsult.com,
tel.: .
Please read the published Terms and Conditions in full before using the information and commercial services offered by the company (hereinafter referred to as the “Services”).
This document contains information about the activities of VLADISARA CONSULT EOOD and the general terms and conditions for using the services provided by VLADISARA CONSULT EOOD, regulating the contractual relations between us and each of our Consumers/Customers.
The confirmation and signing of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the Consumer/Customer and the Trader.
By accepting the General Terms and Conditions, the Consumer/Customer agrees to the processing of his/her personal data on the basis of the contract concluded between him/her and the Trader.
These General Terms and Conditions are an integral part of the purchase contract concluded between the parties and shall apply even in cases where only an invoice and/or other documents certifying the conclusion, performance and termination of the contractual relationship between the parties have been issued.
1. Definitions
For the purposes of these general terms and conditions, the following terms and conditions shall have the following meanings:
1.1. Trader – whenever the term is used in these General Terms and Conditions “Trader” shall mean VLADISARA CONSULT EOOD
1.2. Consumer/Customer – any natural person who uses the service governed by these General Terms and Conditions, which is not intended for carrying out commercial or professional activity, and any natural person who acts outside the scope of his commercial or professional activity.
The aforementioned definition essentially considers as Consumers also persons acting on behalf and for the account of commercial companies within and outside the territorial scope of the Republic of Bulgaria.
1.3. Incorrect Consumer/Customer – any natural person who does not comply with these General Terms and Conditions, has an incorrect, arrogant or rude attitude towards the Trader’s representatives or commits systematic abuses towards the Trader or its representatives;
1.4. Incorrect behaviour – arrogant or rude attitude of a Consumer/Customer characterized by any kind of aggressive behaviour – verbal harassment, pressure or threats towards employees and/or representatives of the Trader, inappropriate tone of conversation, etc., as well as failure to fulfil contractual obligations and non-compliance with the General Terms and Conditions. The above shall be established through electronic correspondence, audio or video recordings, witness statements from employees or other Consumers/Customers, as well as by any other permitted means and mechanisms.
1.5. General Terms and Conditions – these General Terms and Conditions, which include terms of use, voluntary dispute resolution, contract withdrawal forms and any other legally significant information concerning the performance of the service, respectively the Purchase Contract.
1.6. Personal data – information about a natural person that reveals his/her physical, psychological, mental, family, economic, cultural or social identity.
1.7. Service – any material or intellectual activity that is carried out independently, is intended for another person and does not have as its main subject the transfer of possession of a thing.
1.8. Purchase contract – a contract other than a sales contract, under which the Trader provides or undertakes to provide a service to the Consumer/Customer, and the Consumer/Customer pays or undertakes to pay the price for it.
1.9. Off-premises contract – a contract between a Trader and a Consumer:
1. concluded in the simultaneous physical presence of the Trader and the Consumer at a place other than the Trader’s business premises;
2. where the Consumer has made an offer to conclude a contract under the same circumstances as those referred to in point 1;
3. concluded in the Trader’s business premises or through the use of a means of remote communication, immediately after personal individual contact with the Consumer has been made at a place other than the Trader’s business premises, in the simultaneous physical presence of the Trader and the Consumer;
4. concluded during a trip organised by the Trader with the aim or result of selling or promoting the sales of goods or services to the Consumer.
1.10. A remote contract is any contract concluded between a Trader and a Consumer as part of an organized system for remote sales or provision of remote services without the simultaneous physical presence of the Trader and the Consumer/Customer, through the exclusive use of one or more means of remote communication until the conclusion of the contract, including at the time of conclusion of the contract. A remote contract is generally a contract concluded through various information and communication technologies. These can be an email address, telephone, e-shop and the like.
1.11. Alternative dispute resolution procedure for Consumer disputes – a procedure for out-of-court settlement of Consumer disputes, meeting the requirements of Bulgarian legislation and implemented by an alternative dispute resolution body for Consumer disputes.
1.12. Electronic document – any content stored in electronic form, in particular text or sound, visual or audio-visual recording, the written form being considered to have been complied with if an electronic document containing an electronic statement is drawn up.
1.13. An electronic statement is a verbal statement presented in digital form through a generally accepted standard for conversion, reading and visual presentation of information. An electronic statement is considered to be signed when an electronic signature is affixed, including when using a simple electronic signature.
1.14. Simple electronic signature – a set of data added to or associated with the person’s statement, which he uses to sign electronically.
2. Services provided
2.1. The services offered by the Trader through its website and retail outlets are intended for individuals and/or legal entities.
3. Order
3.1. All service/service purchase contracts shall be prepared in accordance with Bulgarian legislation.
3.2. The service/service purchase contract shall be considered concluded from the moment of its signing by both parties.
3.3. In the event of impossibility to perform a given service, the Trader reserves the right to refuse the order.
3.4. Upon signing the contract by the Customer, the Trader shall send confirmation of the received contract before starting the service. The Consumer/Customer can choose to start the service performance:
after the expiry of the 14-day legal period in which he/she can exercise his/her right of withdrawal
before the expiry of the 14-day legal period in which he/she can exercise his/her right of withdrawal, declaring his awareness of all the consequences arising from this
3.5. The Trader shall have the right to refuse to conclude a contract with an incorrect Consumer/Customer.
3.6. When signing a remote contract and the accompanying documentation, the information entered by the Consumer/Customer shall be considered to be a simple electronic signature. In this sense, an electronic signature is also considered to be the writing of the names of the Consumer/Customer.
3.7. The Trader and the Consumer agree that a simple electronic signature has legal weight equivalent to a handwritten one.
3.8. The identification of the author of the statement (in the person of the Consumer/Customer) to conclude a contract with the Trader is considered to be automatically completed if the statement originates from a specialized application under the control of the Consumer/Customer (including IP address, e-mail address, mobile number, etc.).
4. Subcontractors
4.1. The Consumer/Customer agrees that when ordering a service, the Trader may assign the performance of the contract to a third party. The agreement with these general terms and conditions has the character of consent, originating from the Customer. The use of a subcontractor does not require additional consent of the Consumer/Customer.
4.2. The subcontractors that the Trader uses shall not be a party to the contract between the Trader and the Consumer/Customer.
5. Prices
5.1. The prices of the offered services are those indicated on the Trader’s website, in the offer and the Contract at the time of placing an order, except in cases of obvious error. The prices shall not include additional costs that are due by the Consumer when they arise during the execution of the order – state fees, courier services, transfers, etc.
5.2. The prices of the services shall include VAT in cases where its charging is provided.
5.3. The Trader shall reserve the right to change the prices of the offered services at any time and without prior notice, and such changes will not affect already concluded contracts.
5.4. The Trader may provide discounts on the services, in accordance with Bulgarian legislation and rules determined by the Trader. The rules applicable to such discounts are available at the place where the discount is displayed. Discounts can be provided in various forms (e.g. promotions, loyalty discounts, provided individually, randomly or as a result of participation in a competition or Customer survey).
5.5. When the Consumer/Customer returns a service (cancels the contract according to the procedure provided for in the Consumer Protection Act) with the right to a refund of the amount paid for any reason, the price subject to refund is reduced by the value of the discount received, applied to the service, and only the amount actually paid is subject to refund.
6. Payment
6.1. The Consumer/Customer may pay the price of the ordered services by using one of the listed options of his choice:
Bank transfer or cash deposit at a bank office (bank account details are available in the proforma invoice sent by the Trader)
Cash payment at the company’s administrative office in Ruse, 3 Tsarkovna Nezavisimost Str.
Payment via virtual POS terminal on the Trader’s website
6.2. If the Consumer/Customer chooses a payment method involving a third-party payment service provider, the Consumer/Customer may be bound by the terms and conditions and/or fees of such third party, including with regard to the fees due for the execution of the respective payment transaction.
6.3. The Trader shall not liable if a payment method involving a third-party payment service provider is unavailable or otherwise malfunctions for reasons that cannot be attributed to the Trader.
6.4. When exercising the right to withdraw from a remote contract, under the provisions of the Consumer Protection Act, the Trader shall refund the price of the order to the Consumer/Customer by means of a reverse transaction on the payment card used to make the payment, within 7 business days of receipt of a lawful withdrawal.
6.5. In the case of contracts for which the Customer has explicitly expressed his/her wish to be signed on paper, the Customer agrees to pay the associated postage costs for sending the signed documents to the Trader. The amount of the aforementioned costs depends entirely on the tariff of the postal service provider chosen by the Customer.
7. Withdrawal from the contract and replacement
7.1. The Consumer/Customer has the right to withdraw from the contract without giving a reason, without owing compensation or penalty within 14 days from the conclusion of the service contract if the performance of the same has not begun.
7.2. The Consumer/Customer should be aware that the performance of the service by the Trader may begin before the expiration of the 14-day withdrawal period, only if the Consumer/Customer provides his/her express prior consent to the Trader and confirmation that he/she is aware that he/she will lose his/her right of withdrawal after the contract is fully performed by the Trader.
7.3. When the Consumer/Customer exercises his/her right of withdrawal after having made a request under Art. 48, para. 3 or Art. 49, para. 9 of the Consumer Protection Act, he/she shall pay the Trader the proportional amount of what was actually provided to him up to the moment when the Consumer/Customer notified the Trader of exercising the right of withdrawal, including the Customer owes a refund of all administrative fees prepaid by the Trader to the institutions and other fees in connection with the execution of the specific order, if such were paid by the Trader. The proportional amount that the Consumer must pay to the Trader is calculated based on the final price agreed in the contract and includes administration through calls, emails and/or correspondence on the order, strategy, advice, confirmation of documentary requirements, etc. If at the time of withdrawal, the Customer has already paid the payment due under the contract and all administrative fees in connection with the execution of the specific order, then after calculating and deducting the proportional amount of what was actually provided to him up to the moment when the Consumer/Customer notified the Trader of exercising the right of withdrawal, the Trader shall return to the Customer the difference between the two amounts.
7.4. When the Consumer/Customer wishes the provision of the service to begin before the expiry of the period for exercising the right to withdraw from the contract outside the commercial premises (purchase contract), provided for in Art. 50 of the Consumer Protection Act, the Trader is obliged to require the Consumer/Customer to make an explicit request for this on a durable medium.
7.5. In order to exercise his right under this clause, the Consumer/Customer must unambiguously notify the Trader of his/her decision to withdraw from the contract, individualizing the services from which he/she wishes to withdraw, by providing all data on the completed order and delivery, including, but not limited to: content and value of the order, data of the person who placed the order.
7.6. The Trader shall publish on its website a form for exercising the right to withdraw from the contract.
7.7. To exercise the right to withdraw, the Trader shall provide the Consumer/Customer with the option to fill in and send electronically via the website/email the standard withdrawal form or another unambiguous statement. In these cases, the Trader immediately sends the Consumer/Customer confirmation of receipt of his/her withdrawal on a durable medium.
7.8. The Consumer/Customer does not have the right to withdraw from the contract if the subject of the contract is services, the price of which depends on fluctuations in the financial market in accordance with the Consumer Protection Act.
7.9. The Consumer/Customer does not have the right to withdraw from the contract if the subject of the contract is services whose content is expressed in the provision of digital content without a tangible medium, when the performance has begun and the contract obliges the user to pay, in cases where:
– the Consumer has given his/her explicit prior consent to the commencement of performance during the withdrawal period;
– the Consumer has confirmed that he/she is aware that he will thereby lose his right of withdrawal;
– the Trader has provided confirmation pursuant to Art. 48, para. 2 or Art. 49, para. 8 of the Consumer Protection Act;
7.10. The Consumer/Customer does not have the right to withdraw from the contract in case the service has been provided in full, when the contract provides for an obligation for the Consumer to pay, and the performance has begun with the explicit prior consent and confirmation of the Consumer that he/she knows that he/she will lose his/her right of withdrawal after the contract has been fully performed by the Trader;
7.11. The Trader shall refund to the Consumer/Customer the price paid by him/her for the withdrawn services.
7.12. Fixed-term contracts with Customers shall be extended only with the explicit written consent of the Consumer/Customer regarding the conditions for its extension. In the absence of consent, after the expiry of the contract term, it shall be converted into an indefinite contract under the same conditions. The Consumer/Customer shall have the right to terminate the indefinite contract with one month’s notice, without incurring any penalties for this.
7.13. When the parties have concluded a contract in writing, amendments to the contractual terms shall be made by additional written agreements.
8. Warranties and complaints
8.1. The Consumer/Customer has the right to make a complaint for any non-conformity of the service with what was agreed/ordered, when, after the service has been provided, non-conformities with the purchase contract are discovered.
8.2. Any non-conformity of the service with the purchase contract that occurs within 6 months after the service has been provided is considered to have existed when the service was provided, unless it is proven that the lack of conformity is due to the nature of the service or the nature of the non-conformity.
8.3. The Consumer/Customer has the right to make a complaint about the service, regardless of whether the Trader has provided a commercial guarantee for the service.
8.4. When making a complaint, the Consumer/Customer may claim a refund of the amount paid, for the service to be provided in accordance with the agreement, or for a discount on the price.
8.5. The complaint shall be submitted orally to the telephone number specified by the Trader or in writing via the specified email, by post or submitted to the address of the company.
8.6. The address for sending written correspondence on paper regarding complaints regarding the services offered by the Trader is: Ruse, 3 Tsarkovna Nezavisimost St., 2nd floor, office 6.
8.7. The Trader provides access to a complaint form on its website.
8.8. When submitting a complaint, the Consumer/Customer indicates the subject of the complaint, his/her preferred method of satisfying the complaint, respectively the amount of the claimed amount, and the address, telephone number and email address for contact.
8.9. When submitting a complaint, the Consumer/Customer must also attach the documents on which the claim is based, namely:
receipt or invoice;
protocols, acts or other documents establishing the non-compliance of the service with the agreement;
other documents establishing the claim by reason and amount.
8.10. Filing a complaint is not an obstacle to filing a claim.
8.11. The Trader shall maintain a register of filed complaints. The Consumer/Customer shall be sent a document to the email address provided by the Consumer/Customer, which shall indicate the complaint number from the register and the type of service.
8.12. When the Trader satisfies the complaint, it shall issue a certificate to that effect, which shall be drawn up in two copies, and shall provide one copy to the Consumer/Customer.
8.13. In the event of a justified complaint, the Trader shall bring the service into compliance with the sales contract within one month from the date of filing the complaint by the Consumer/Customer, unless the nature of the service requires a different period in accordance with customary practice.
8.14. The Consumer/Customer cannot claim a refund of the amount paid or a reduction in the price of the service when the Trader agrees to perform the service again.
8.15. The Consumer/Customer cannot claim termination of the contract if the non-compliance of the service with the contract is insignificant.
9. Intellectual property
9.1. The intellectual property rights on all materials and resources located on the Trader’s website (including the available databases) are subject to protection under the Copyright and Related Rights Act, belong to the Trader or to the respective designated person who has transferred the right of use to the Trader, and may not be used in violation of the applicable legislation.
9.2. In case of copying or reproduction of information outside the permissible limits, as well as in case of any other violation of intellectual property rights on the Trader’s resources, the Trader has the right to claim compensation for the direct and indirect damages suffered in full.
9.3. Except in cases where it is expressly agreed, the Consumer/Customer may not reproduce, modify, delete, publish, distribute and otherwise disclose the information resources published on the Trader’s website.
9.4. The Trader undertakes to exercise due care to ensure that the Consumer/Customer has normal access to the services provided.
9.5. The Trader reserves the right to suspend access to the services provided. The Trader has the right, but not the obligation, at its discretion to delete information resources and materials published on its website.
10. Termination and breaking of the contract
10.1. The Trader has the right, at its own discretion, without prior notice, to unilaterally terminate the contract in the event that it establishes that the services provided are used in violation of these General Terms and Conditions, the legislation of the Republic of Bulgaria and generally accepted moral standards.
10.2. The Trader has the right, at its own discretion, without prior notice, to unilaterally terminate the contract with an incorrect Consumer and to retain all payments made to that point.
10.3. Except in the cases provided for in these General Terms and Conditions, the contract between the parties shall also be terminated upon cessation of the Trader’s activities.
10.4. Outside the cases specified above, each party may terminate this contract by giving one week’s notice to the other party in the event of failure of the latter to fulfil its obligations under the contract.
10.5. The written form required by the contract is deemed to have been complied with by sending an e-mail message, pressing an electronic button on a page with content that is filled in or selected by the Consumer/Customer, or checking a box on the website, etc. similar, as long as the statement is technically recorded in a manner that allows it to be reproduced.
11. Clauses independence
11.1. The Parties declare that, in the event that any of the clauses under these General Terms and Conditions proves to be invalid, this shall not entail the invalidity of the entire contract or other parts thereto. The invalid clause shall be replaced by the mandatory provisions of the law or established practice.
12. Amendment of the general terms and conditions
12.1. The Trader undertakes to notify the Consumers of any changes to these general terms and conditions within 7 days of the occurrence of this circumstance at the email address specified by the Consumer/ Customer.
12.2. When the Consumer does not agree with the changes to the general terms and conditions, the Consumer has the right to withdraw from the contract without giving a reason and without owing compensation or penalty. In order to exercise this right, the Consumer must notify the Trader within one month of receiving the notification under the previous article.
12.3. In the event that the Consumer/Customer does not exercise his/her right to withdraw from the contract in accordance with the procedure set out in these General Terms and Conditions, the change shall be deemed to have been accepted by the Consumer/Customer without objection.
13. Applicable law
13.1. The provisions of the current legislation of the Republic of Bulgaria shall apply to all issues not regulated by these General Terms and Conditions.