GENERAL TERMS AND CONDITIONS
OF E-SHOP WWW.MAGIC-INDOOR.COM
Section I. Information about the trader carrying out sale of goods through the e-shop www.magic–indoor.com.
- Trader’s name: MAGIC OUTDOOR LTD
- UIC: 202816285
- VAT Number: BG202816285
- Registered address: 5A, Industrialna St., Serdika Region, Sofia 1202
- Business address: 5A, Industrialna St., Serdika Region, Sofia 1202
- Website: www.magic-indoor.com
- Contact person: Violeta Emilova Macheva – Raykolesku
- Telephone: 0897807733
- E-mail: email@example.com
Section II. General provisions and definitions
The present general terms and conditions set out the relationships between Magic Outdoor Ltd, UIC: 202816285, with seat and registered address: 5A, Industrialna St., Sofia 1202, represented by the manager Rumen Vasilev Raykolesku, hereinafter referred to as Trader, on the one side, and the individuals using the e-shop located at the Internet address (with domain) www.magic-indoor.com, including those entering into a remote purchase and sale contract for goods offered by the website, on the other side.
The terms used in the present General terms and conditions, shall have the following meaning:
“General terms and conditions” are already established conditions for use of the website and the entry into a contract for remote purchase and sale of goods offered at www.magic-indoor.com and the terms and conditions related to its execution, including their subsequent amendments and supplements.
“Consumer” is any Consumer who is a natural person acquiring goods not intended for commercial or professional activity and any natural person which, in the capacity of party to a contract, acts outside the frameworks of its commercial or professional activity (in accordance with the definition of “user” under the Consumer Protection Act).
“User” is any person who has uploaded in their browser the domain www.magic-indoor.com, reviews the contents and/or has placed an order(s) of goods offered in the e-shop. The concept of “user” also includes the consumers according to the definition specified in letter “b” herein above.
“Trader” within the meaning of the present general terms and conditions, in accordance with the definition given in the Consumer Protection Act, is any natural person or legal entity which sells or offers for sale goods, provides services or enters into a contract with a consumer as part of its commercial or professional activity in the public or private sector, as well as any person acting on their behalf and at their account. Within the meaning of the present general terms and conditions, “Trader” is Magic Outdoor single-person limited liability company.
“Goods” is any movable tangible property with exception of chattels sent under enforcement proceedings or other measures by bodies authorized by law, as well as chattels abandoned or forfeited in favour of the state, declared for sale by state authorities. Within the context of the present General terms and conditions, “goods” are all printed materials offered on the website magic-indoor.com. The goods offered in the e-shop with Internet address www.magic-indoor.com are divided into the following categories: “Magic photo”, “Pictures”, “Stickers”, “Wallpapers” and “Decoration and gifts”.
“Order” means a legally binding statement of intent of a User, whereby the latter expresses willingness to enter into a contract for purchase and sale of goods available on the website magic-indoor.com.
“Manufacturer” is any natural person or legal entity which I) manufactures finished goods or significantly remakes or processes goods with a view to their release on the market; or ii) presents itself by placing on the goods, the packaging or the technical or commercial documentation about them its name or company, its manufacturing or another distinctive sign.
“Correction or repair” of consumer goods means achieving compliance with the contract for their sale, if there is any discrepancy between them.
“E-shop” is the e-shop accessible at the following Internet address www.magic-indoor.com, through which the Users have the opportunity to enter into a contract for purchase and sale and delivery of the goods offered by the e-shop, including the establishment of contact with the Trader, obtaining informational newsletter and other services described in Art. 7 of the present terms and conditions.
“Remote contract” is any contract entered into between a trader and a Consumer as part of an organized system for remote sales or remote services without the simultaneous physical presence of the trader and the Consumer, through the exceptional use of one or more means of distant communication until the entry into the contract, including at the time of entry into the contract.
“Interface” (or consumer interface) within the context of the present general terms and conditions is the combination of applied software and the graphic layout through which the Users carry out activities through the website magic-indoor.com.
“Website” or “Site” (“website”) is a differentiated area in the global Internet network, accessible through its unified address (URL) under HTTP or HTTPS protocol and containing files, programmes, text, sound, picture, image, hyperlinks or other materials and resources. Within the context of the present General terms and conditions, the website is www.magic-indoor.com.
“Domain” is part of the hierarchical space of the global Internet network which has its own unique name (domain name) that must meet certain requirements. In order for a certain web page to be loaded, the domain name must be written in the browser field and within the context of the present general terms and conditions, the domain name is „https://www.magic-indoor.com”.
“Information society service provider” is a natural person or legal entity providing services to the information society. Within the context of the present General terms and conditions, information society service provider is Magic Outdoor Ltd.
“Information society services” are such services, including provision of commercial messages which are normally gainful and are provided remotely, using electronic means, after an express statement made by the recipient of the service. Electronic trade constitutes an information society service.
“Postal money transfer” is a postal service whereby at a point of access to a postal operator network licensed under Art. 39, clause 3 of the Postal Services Act, the recipient submits an amount of money in cash and orders electronically or in writing on a hard copy the payment of the full amount in cash to the recipient, without any deductions.
Through the present terms and conditions, the Trader, in the capacity of information society service provider, supplies the users with information in accordance with the requirements of the Electronic Trade Act.
The trader preserves the right to modify the structure and/or contents of the e-shop without prior notice.
All visitors of the website magic-indoor.com should familiarize themselves carefully with the present General terms and conditions before using the website. In case the User does not agree with the present General terms and conditions, the latter should terminate the use of www.magic-indoor.com.
By accepting the present General terms and conditions, the User and the Trader agree that all statements made by them in connection with the conclusion and performance of a contract for purchase and sale of services offered through the e-shop, may be made electronically, with electronic statements within the meaning of the Electronic Document and Electronic Certification Services Act and Art. 11 of the Electronic Trade Act.
The main parameters of the services provided to the Users by the Trader through the e-shop magic-indoor.com, hereinafter referred to as “Services” are:
(1) The trader provides an opportunity for review of the contents published in the e-shop. The trader provides information about itself, the services offered, current offers, blog, contacts, etc. – at its own discretion.
(2) The trader provides an opportunity for generation of electronic inquiries by e-mail through functional inquiry forms within the e-shop. The User should fill out the fields indicated by the Trader and select the virtual button “Send”. The Users should take into account that the use of this services does not automatically lead to entry into an agreement between the relevant User and the Trader. It should be considered that the relevant User who has sent an inquiry by e-mail to the Trader, has entered into a contract with the Trader after receipt of a confirmation thereof sent by the Trader.
(3) The Trader shall provide an opportunity for generation of electronic inquiries through an e-mail client used by the User by means of functional references from the e-shop. To this end, the User needs to select a particular functional reference of the e-shop (place where the Trader’s e-mail address is entered and which can be clicked on) and the device used by the latter can open a new window for writing a message from an e-mail client, set in the device.
The Trader preserves the right at its own discretion at any time to modify, supplement or delete parts of the present General terms and conditions by publishing their actual edition on the site www.magic-indoor.com. The Trader undertakes to notify the Users of any amendment to the General terms and conditions under already concluded contracts within 7 days as of occurrence of this circumstance, to the e-mail addresses provided by them.
Section III. Entry into a contract.
The visitors of the website magic-indoor.com may review free of charge its contents and purchase goods without a registration.
In order to use the e-shop with a registration, the User should have registered (created a user account) only once, after which every time the User tries to access their profile, they need to enter their unique username and password for remote access.
Where a user is willing to place an order through their interface, depending on their preferences, they may do that as a “guest” or may create/use an already created account.
Placing an order to the Trader is bound by payment of the relevant value indicated in the Order, as well as all expenses related to its delivery.
In order to place an order as a guest, the User selects the desired article, the quantity and its relevant parameters (size, thickness, etc.), after which it is added in the basket by clicking on the virtual button “Buy”.
Having added the desired goods to the basket, the User should press the virtual button “End of order” and provide to the Trader the following information: Name and surname, telephone number, e-mail address and delivery address. After placement of the order and pressing the button “Order”, the User shall receive an automatic e-mail confirming the order at the e-mail address indicated by the latter.
Before completion of the relevant order, the Trader shall provide access of the User to the present General terms and conditions, containing the information under Art. 47, Par. 1 of the Consumer Protection Act.
Upon placement of an order, the User undertakes to provide true, complete and updated data. In case of change, the User undertakes to notify the Trade in due time.
Creation of an account and placement of an order through an account
In case the User wishes to create an account through which they shall be able to track the history of orders and their status, the latter should press the virtual button “Registration” and enter their e-mail address. Having entered the necessary information, the User should press the virtual button “Creation of an account”. After filling out the registration data (unique username and a password) and pressing the virtual button “Creation of an account”, the User unequivocally declares by ticking the relevant box that they are familiar with and accept the present General terms and conditions and undertake to comply with them unconditionally.
The Trader shall send to the User an automatic e-mail confirming the registration, certifying the successful registration and activation of the account. The user may change their password at any time through the functionality of their profile. After a confirmation (by clicking on the confirmation link indicated in the e-mail and entry of the user data), the User may use their account for placing orders and tracking their status.
After accessing the created account, the User may add the following data to the account: name and surname and delivery address(es).
Upon registration the User undertakes to provide true, complete and updated information. In case of change, the User undertakes to correct the data in the account in due time.
Where the User has created an account in order to place the order through their account, the latter should enter the data for access to the account, namely: user name and password. After entering such data, the User is able to add to the basket all desired goods. With the pressing of the virtual button “Order”, the User finalizes the order and it is automatically sent to the Trader.
General terms and conditions related to both ways of placing orders
The Trader’s Consultant shall contact the User within 72 (seventy-two) hours as of receipt of the order for the purpose of clarifying its parameters.
In case the order is placed in a non-business day (at the weekend or on a public holiday) or before/after the end of the Trader’s working hours (08:00 – 17:00), the term under Art. 22 shall start to run from the beginning of the Trader’s working hours on the first business day following the placement of the order. In case the order has been placed before the beginning of the Trader’s working hours on a business day, the term shall start to run with the beginning of the Trader’s working hours.
After the final specification of the order pursuant to Art. 22, the Trader shall send to the User a written confirmation of the order to the e-mail address indicated by the User.
The e-shop offers technical means of detection and correction of errors in the entry of information preceding the statement for entry into the purchase and sale contract. In case the User places an order and detects an error in the submitted data, the latter may notify the Trader through the contact form, e-mail or by phone pursuant to Art. 22.
All electronic messages made before placement of the order shall be considered made by the person indicated in the order information as a User.
A refusal of an order may be made by the User within the telephone call at the latest, in connection with the specification of the order.
The Trader shall be entitled to refuse an order within the following hypotheses:
- unavailability of the relevant goods;
- the image sent is of bad quality, its size is not at least 1 MB or lacks the necessary proportions for the relevant indicated sizes;
- for technical reasons leading to inability to perform the order;
- in case the User has failed to pay the price of the goods with the envisaged 2-days’ term, if the selected method is “bank transfer”.
The users shall enter into a purchase and sale contract for the goods offered by the e-shop magic-indoor.com through the Trader’s interface accessible on its web page or other means of remote communication.
The contract shall be made in Bulgarian language.
The User shall be a party to the contract with the Trader, in accordance with the data provided by the User in the electronic form used for placing the order.
In case any of the mandatory fields is left blank, the software of the e-shop does not permit the completion of the order and indicates to the User the fields lacking the required information.
The purchase and sale contract for the goods offered by magic-indoor.com between the Trader and the User shall be considered concluded as of the time of receipt by the User of the order confirmation made by the Trader pursuant to Art. 24 of the present General terms and conditions.
By virtue of the contract for purchase and sale of goods, concluded with the Users, the Trader undertakes to deliver and transfer the title over the goods selected by them through the website interface.
The contract concluded between the Trader and the User shall be stored by the Trader using technical means and the User shall have access thereto at the e-mail provided by the latter or on a hard copy, if requested.
Section IV. Prices and method of payment.
The prices on the website are in BGN, inclusive of VAT as well as any other taxes and fees, except the expenses for delivery of the goods. The User shall be obliged to pay the price declared at the time of order.
The final price indicated on the website for the goods shall not include the delivery costs which shall be covered by the User and are individual for each order.
The Trader shall preserve the right to change at any time and without prior notice the prices of the goods offered on the website, provided that such changes shall not affect already placed orders. The price amendment shall be valid for the Users as of the time of its announcement on the website magic-indoor.com.
The payment methods available for the User, are:
- cash on delivery (also considered as postal money transfer pursuant to the Postal Services Act), i.e. payment of the amount due in cash to the courier at the time of delivery.
- by bank transfer to the following bank account – within 2 days as of receipt of a confirmation of the order:
The charges related to the transfer shall be covered by the User.
- by a debit or credit card through a virtual POS at the time of placing the order.
Where the user has requested an invoice and has indicated the necessary data at the time of the order, the Trader shall deliver it in the original at the time of delivery of the goods.
Section V. Terms and conditions of delivery
The Trader shall perform delivery of the ordered goods using the services of a licensed postal operator (courier) to an address indicated by the User or to an office of the courier selected by the User on the territory of the Republic of Bulgaria.
The Trader shall not be liable for non-performance of a contract in the cases where the User has indicated false, incomplete or incorrect personal data, including the cases of incomplete or incorrect address.
Delivery of the goods on the territory of the Republic of Bulgaria shall be made within 5 (five) business days as of the date of receipt of confirmation of the order pursuant to Art. 24. For urban areas with a specific delivery regime, the term of delivery may be extended by up to 5 (five) business days.
Where the User has selected bank transfer as payment method, the term under Art. 43 shall start to run as of the time of receipt of payment from the User to the Trader’s bank account indicated in Art. 39 of the present General terms and conditions.
In case the goods are not available in the Trader’s warehouse or there are other unforeseen circumstances, the term of delivery may be extended by several days, however not more than 30 (thirty) calendar days as of the time of entry into the contract. In such cases the Trader shall notify the User by phone or at the e-mail address indicated by the latter.
The User shall be obliged to provide access for the delivery to the indicated address if the selected method of delivery is delivery to an address. The licensed postal operator (courier) shall notify the User of the delivery date.
The User shall have the right to open the package and review the goods before paying the price to the courier. In case the article does not correspond to the sales contract, the User shall be entitled to refuse receipt of the goods.
In case the article is damaged upon delivery, the User should address the representative of the licensed postal operator (courier) for drawing up a letter of ascertainment.
In case of inability to deliver the goods in the first visit to the address indicated by the User through the User’s fault or because of the User’s unavailability, a representative of the licensed postal operator (courier) shall inform the User about his visit and shall provide contact information for appointment of another visit. In case the User fails to contact the courier’s representative within 3 days as of receipt of the notification or in case of inability to perform delivery during his second visit, not through the courier’s fault, the contract for remote sale shall be automatically terminated and the Trader shall be released from the obligation to deliver the ordered goods. The same shall also be valid for the cases where the User fails to appear in the selected office within the time limit specified by the courier or if the User refuses to accept the package for no reason.
The transfer of title shall be affected with the delivery of the goods from the Trader to the User, after payment by the latter. The delivery of the goods shall be certified with the User’s signature on the shipment document provided by the courier.
Section VI. Right of withdrawal from the contract.
Each User shall be entitled to withdraw from the remote contract (with exception of the cases stipulated in Art. 55 of the present General terms and conditions), without owing a default fee or a compensation, or payment of any expenses with exception of the expenses for return of the goods and without indicating a reason for the withdrawal, within 14 (fourteen) calendar days as of the date of acceptance of the goods.
A User willing to exercise the right of withdrawal from the concluded remote contract, should notify the Trader within the above indicated 14-days’ term in one of the following ways:
- submission of the standard form for right of refusal pursuant to Annex No: 6 to Art. 47, Par.1, clause 8 of the Consumer Protection Act on-site at the following address: 5A, Industrialna St., Sofia 1202, Magic Outdoor Printing House.
- sending of the filled-out form to the following e-mail: firstname.lastname@example.org.
- sending by mail or courier the filled-out form to the following address: 5A, Industrialna St., Sofia 1202, Magic Outdoor Printing House.
- unequivocally declaring in any other manner, the decision to withdraw from the contract.
In the notification of withdrawal from the contract, the User should indicate the contents and value of the order, information about the sender, information about the person who has accepted the delivery and the date of delivery.
The standard form facilitating the exercise of the right of withdrawal pursuant to Annex 6 to Art. 47, Par. 1, clause 8 of the Consumer Protection Act may be downloaded from here: https://www.kzp.bg/standarten-formulyar-za-uprazhnyavane-pravo-na-otkaz-pri-online-pokupki
The Trader shall confirm receipt of the notification of withdrawal from the contract electronically within 5 (five) business days. In case a User has exercised the right of withdrawal from the remote contract, the latter must send or deliver the goods to the Trader at the following address: 5A, Industrialna St., Sofia 1202, Magic Outdoor Printing House without undue delay and not later than 14 (fourteen) days as of the date on which the User has notified the Trader about their decision to withdraw from the contract.
Should the User fail to perform their obligation within the above time line without notifying the Trader of the delay and without providing a substantial reason thereof, it shall be considered that the User has withdrawn the statement for exercising the right of withdrawal from the contract.
The User shall pay the direct costs for return of the goods in accordance with the selected method. The Trader SHALL NOT cover the expenses for return of the goods.
The Trader shall not refund any additional costs for delivery of the goods if the User has expressly selected a method of delivery, other than the most inexpensive type of standard delivery offered by the Trader.
The User shall be liable for the reduced value of the goods caused by their trying, other than the necessary one, in order to establish their nature, specifications and good functioning.
Until the time of reverse delivery of the goods from the User to the Trader, the risk of accidental perishing or damaging shall be entirely borne by the User. In case the goods have completely perished before their return to the Trader, the latter shall not owe refund of the price paid by the User.
The Trader shall refund in cash the amount paid by the User under the contract within 14 days as of receipt of the goods, which shall be certified by the User with the signing of a receipt for the amount received.
The right of withdrawal from the contract shall be inapplicable if the contract has the following subject:
- delivery of custom-made goods for the User or in compliance with the User’s individual requirements (e.g with a photo/image selected by you), as well as
- delivery of goods which due to their nature can deteriorate their quality or have a short shelf life;
- delivery of packaged goods which are unpacked after the delivery and cannot be returned due to considerations related to hygiene and health protection.
Section VII. Warranty and claims.
The trader shall be responsible for the compliance of the consumer goods with the sales contract, which exists at the time of delivery of the goods and appears withing 2 (two) years after the delivery date.
In case of non-conformity of the goods to the sales contract, the User shall be entitled to initiate a claim not later than two months as of detecting the non-conformity, requesting from the Trader to make the goods compliant with the sales contract and choose between repair works or replacement of the goods with new ones, unless the selected method of compensation is not proportional in comparison to the other. It shall be considered that a method of compensation of a User is not proportionate if its use requires expenses for the Trader which compared to the other way of compensation are unreasonable, considering the following:
- the value of the consumer goods if there was not a case of non-conformity;
- the significance of the non-conformity;
- the ability to propose to the User another method of compensation not related to significant inconveniences.
The claim should be initiated before the Trader either in writing or orally. The User must indicate the subject of the claim, the preferred method of satisfaction of the claim or the claimed amount, as well as contact address.
Upon submission of a claim the User must also enclose the documents on which the claim is based:
- cash receipt or invoice;
- records, deeds or other documents evidencing non-conformity of the goods with the contractual provisions;
other documents establishing the grounds and amount of the claim.
The Trader shall correct the goods in conformity to the sales contract within one month as of the date of initiation of the claim by the User, if the latter is substantial.
The User shall pay the expenses for sending the goods to the Trader, if personal delivery is not possible.
If the Trader accepts the claim as well-founded, it shall refund to the User the expenses made for the sending/delivery of the goods in the manner agreed upon between the parties.
Section VIII. Personal data processing and protection.
The Trader processes personal data of natural persons for the purpose of provision of services to the information society, consisting of e-trade of printed materials, as well as for marketing purposes.
Section IX. Intellectual property rights.
All information resources published in the e-shop, including but not limited to design, texts, photos, logos, trademarks, audio and video materials, etc., as well as the software code of the website constitute intellectual property and are subject to protection pursuant to the Copyright and Related Rights Act (CRRA).
The use of information published in the e-shop by means of copying, change, reproduction, publishing, distribution or otherwise – without the contents and the permission of the carrier of the relevant right on the intellectual property shall be considered violation and shall lead to engagement of the User’s liability in accordance with the effective Bulgarian law.
With the placement of an order for goods with a photo/image provided by the User, the latter hereby declares that he is a holder of the copyright on the applied image or uses it in accordance with the Copyright and Similar Rights Act.
The Trader shall not be liable for unsettled copyrights on the User’s side with regards to image/s provided by him.
Section X. Force majeure.
The Trader shall be released from liability for non-performance of the contract constituting direct and immediate consequence of the occurrence of force majeure circumstances. Force majeure circumstance is any unforeseen or unpreventable event of extraordinary nature which has occurred following the conclusion of the contract.
In case the Trader bases its arguments on force majeure circumstances, the latter must immediately notify the User that impediments of objective nature have occurred, which would frustrate the delivery of the goods.
The Trader shall notify the User of the time of termination of the event.
In the cases of force majeure circumstances and as far as they have an impact on the delivery deadlines, the relevant deadlines shall be extended by the time of effectiveness of the force majeure circumstance.
In case the relevant event lasts for more than 2 (two) months, the two parties shall be entitled to withdraw from the contract.
Section XI. Authorities regulating the trader’s activity.
Data Protection Commission
- Address: 2, Prof. Tsvetan Lazarov Blvd., Sofia 1592
- Website: www.cpdp.bg
- E-mail: email@example.com
- Telephone (registry office): 02/91-53-519
- Consumer Protection Commission
- Address: 4A, Slaveykov Sq., Floor 3, 4 and 6, Sofia 1000
- Website: https://kzp.bg/kontakti
- E-mail: firstname.lastname@example.org
- Telephone for users: 0700 111 22
- Tel.: 02/9330565
- Competition Protection Commission
- Address: 18, Vitosha Blvd., Sofia 1000
- Website: https://www.cpc.bg
- Е-mail: email@example.com
- Telephone: 02/ 935 62 22
- Section XII. Platform for on-line dispute resolution.
In case of a dispute, each User shall be entitled to file a complaint using the EU platform for on-line resolution of disputes at the following link:
Section XIII. Conclusive provisions
The Trader provides permanent access to the present General terms and conditions at the following link: magic-outdoor.com/terms
The Trader shall not be liable for the contents and safety of websites to which links and banners published on the present site magic-indoor com refer.
The invalidity of one or several clauses of the present terms and conditions shall not lead to invalidity of another clause or other conditions in their integrity.
For all issues not settled in the present General terms and conditions, the provisions of the effective Bulgarian legislation shall apply.
All disputes arising from these General terms and conditions or related thereto, including disputes arising from or related to their interpretation, invalidity, non-performance or termination shall be resolved by mutual consent. The Users may also use the platform for online dispute resolution, accessible at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=BG
In case of inability to reach an agreement, all disputes shall be brought before the competent Bulgarian court in compliance with the Bulgarian law.
The present General terms and condition became effective in October 2020 and constitute an integral part of the contents of each contract entered into between the Trader and the User.