GENERAL TERMS AND CONDITIONS FOR USE OF WWW.KENSOL.EU – THE E-TRADE WEB SITE OF “KENSOL” LTD
The web site WWW.KENSOL.EU offers opportunity for buying the submitted products as they are delivered directly to the customer at the address indicated by the same or upon request from office of Speedy courier service. Each user is bound with the rules of these General terms and conditions for use as of the initial entry on the web site until its leaving.
I. GENERAL PROVISIONS
1.1. This document contains General terms and conditions according to which KENSOL LTD. shall grant goods to its users/customers by means of the Internet shop WWW.KENSOL.EU. These conditions bind all users. By clicking on the button ORDER the user/customer agrees, entirely approves and undertakes to observe these General terms and conditions.
1.2. The identification of the user/customer with the purpose of reproduction of his statement as for the approval of the General terms and conditions as well as for the made order, is made by storage in log-files on the server of WWW.KENSOL.EU, storage at the IP address of the user/customer, as well as any other information.
1.3. After click on the button “ORDER”, the user agrees to buy the goods which are in his basket. This action has a legally binding effect. The customer receives order confirmation and by receiving this confirmation is considered that the contract is concluded. The conformation is received by e-mail.
1.4. KENSOL LTD reserves the right to cancel the delivery of confirmed order in case that the goods are not available. At absence of physical stock by the ordered goods in the warehouse, within the working week KENSOL LTD shall notify the user/customer about its depletion by sending a message to the e-mail address indicated by the Customer.
1.5. The contractual language is English and the payments shall be made in EUR.
II. OFFERED GOODS
2.1. The goods which are offered at WWW.KENSOL.EU are produced by KENSOL LTD. They have its trade mark KENSOL.
2.2. Every model has its article number, which is shown next to the model photo.
2.3. The colors in which is offered the respective model are shown also next to it as they represent scanned samples of the real fabric (but not color processed by software), if the model is not sewn and shot in the respective color. For preciseness the colors have numbers as in this way is aimed the avoidance of the different name of one and the same color. KENSOL LTD shall not be responsible on how the monitor of the customer is set and how as a result of this he sees the color.
2.4. Every article has individual price. If the customer wants to combine upper and lower part he shall order both parts individually. If the customer needs a different size for upper and lower part, this shall be indicated at ordering of both articles.
2.5. The articles are sized according the approved European numeration. For the articles of jersey is used numeration of letters.
3.1. The user/customer shall bear the whole risk of damage/loss of goods at delivery. Immediately after the delivery of goods to courier KENSOL LTD is discharged by the risk which is transferred on the user/customer. KENSOL LTD shall not be responsible for delay in case that the delay is due to currier or another supplier.
3.2. Immediately after the delivery the goods shall be carefully inspected by the user/customer or person authorized by the same. Possible damages, hits and other damages shall be immediately reported to KENSOL LTD. In case of establishing damages which have occurred at the goods transport, KENSOL LTD shall not be responsible for the damage of these goods. In the cases when KENSOL LTD confirms the order and indicates certain date and time of delivery the statement has binding effect. At indicated false or wrong address, contact person and/or telephone at order submission, KENSOL LTD is not bound by any obligation for order implementation.
3.2.1. At goods delivery the user/customer or third party shall sign its supporting documents. For third person is considered everybody who is not principal by the application, but accepts the delivery of goods and is at the address indicated by the customer. At refusal for receiving the goods excluding the cases specified below the refusal is considered for unreasonable and the Customer owes payment of delivery costs and return of goods. In case that the Customer is not found within the term for delivery implementation at the indicated address or is not provided access and conditions for goods delivery within this term, KENSOL LTD is discharged of its obligation to deliver the goods ordered for purchase.
3.2.2. When the delivered goods obviously do not conform to the goods ordered for purchase by the customer and this may be established by its usual inspection, the customer may request the delivered goods to be replaced with goods corresponding to the purchase order made by him.
3.3. Ordders are processed within 5 workdays.
IV. PRICES AND PAYMENT METHODS
The prices indicated on the web site do not include transport costs. The price which the user/customer owes for transport depends on the country for which is delivered and is added to the price for the article in order to be formed the total payable amount.
The order may be paid by Paypal or by bank card.
The cards which may be used are Visa, Visa electron, Master Card and Maestro. If the card is withdrawn the customer has to check if all data are correctly entered, if the card validity is not expired, if the shopping limit is not exceeded by the bank itself and if is made correctly the 3D authorization which is required for some cards. The security at payment by bank card is guaranteed because at data submission SSL encrypting is used. At payments by Visa and Mastercard are accepted only SET transactions (safe electronic transaction). After check if the card is included in the SET system, the system is connected with the bank which issued the card in order to permit the purchase to the buyer. When the bank confirms the authenticity the amount shall be deducted by the card. Otherwise the order shall be cancelled.
V. RIGHT OF WITHDRAWAL OF THE PURCHASED GOODS
The customer is entitled without owing compensation and without stating a reason to decline the entered contract within 7 working days, as of the day of goods receiving. After the exercising the right of withdrawal the last undertakes to return the received goods as a whole, in the same condition as they have been delivered with integral package fit for further sale to other customers together with all documents supporting them. If these requirements are implemented KENSOL LTD. undertakes to reimburse the amounts paid by the customer. The amount reimbursement is made on the bank account indicated by the customer. The transport costs by return of the delivered goods to the company are for customer’s account.
6.1. At established inconformity of the delivered goods with the order made the customer is entitled to lodge a claim within 14 working days as of its delivery.
6.2. The claim is lodged to the company. In order to be respected the customer shall enclose the goods if possible in integral package as well as the documents supporting the delivery – cash receipt, invoice and other documents establishing the goods inconformity.
6.3. In case that the claim is reasonable the customer may opt the manner for claim satisfaction – by replacement of the goods with new ones, conforming to the entered sales contract or repair if the replacement is impossible.
6.4. The customer is not entitled to claim the reimbursement of paid amount or price decrease if KENSOL LTD agrees on claim satisfaction by any of the two manners indicated above.
6.5. The reimbursement of paid amounts is made only in case that the claim satisfaction is impossible by any of the manners indicated in p. 6.3. of the agreement.
VII. RIGHTS AND OBLIGATIONS OF THE USER/CUSTOMER
7.1. The user/customer may see and order the goods shown in the Internet shop WWW.KENSOL.EU.
7.2. The user/customer is entitled to inform itself about the status of its order.
7.3. The user undertakes to pay the price of its order according the manner indicated on the page WWW.KENSOL.EU.
7.4. Each user no matter if he is customer of KENSOL LTD. undertakes at use of services:
- Not to breach and to respect the basic rights and freedoms of the citizen and the human rights according the recognized international deeds;
- Not to undermine the reputation of anybody else and not to call to violent change of the constitutionally established order, to offence commitment, to violence on personality, or inflaming race, national, ethnical or religious animosity.
- Not to breach somebody else’s property or non-property, absolute or relative rights and interests as well as title, intellectual property right etc.;
- To observe the Bulgarian legislation, the applicable foreign laws, the rules of moral and good manners and the Internet ethics at use of the Internet shop WWW.KENSOL.EU.
- To immediately notify KENSOL LTD for every case of committed or found breach at use of the rendered services;
- Not to load, send, submit, distribute or use in any way and not to disclose to third persons software, computer programs, files, applications or other materials containing computer viruses, systems for unauthorized remote control (“Trojan horses”), computer codes or materials intended to interrupt, hinder, breach or limit the normal functioning of computer hardware or software or telecommunication facilities or aiming the unauthorized penetration or access in foreign resources or software;
- Not to make malicious actions;
- To compensate KENSOL LTD and all third parties for all suffered damages and lost profits including for any costs and paid attorney fees which have occurred as a result of lodged claims by and/or paid compensations to third parties regarding Internet-pages, hyperlinks, materials or information which the User used, located on the server, sent, distributed, made available for third parties or made available by /the site name/ in breach of law, these General terms and conditions, the good manners and the Internet ethics;
7.5. The customer undertakes to indicate an exact and valid telephone, delivery address and e-mail address, to pay the goods price, to pay the delivery costs, when the same is not free, and to provide access and possibility for goods receiving. In case that it is not explicitly indicated that the delivery is free the same is considered paid.
VIII. RIGHTS AND OBLIGATIONS OF THE TRADER
8.1.KENSOL LTD does not have the obligation and the objective possibility to control the manner by which the consumers use the rendered services.
8.2.KENSOL LTD has the right but not the obligation to keep materials and information which are located at the server of WWW.KENSOL.EU.
8.3. KENSOL LTD. is entitled at any time without notification to the user/customer, when the last uses the services in breach of these provisions as well as by estimation of KENSOL LTD to terminate, suspend or change the rendered services regarding the web site use. KENSOL LTD shall not be responsible to the consumers and third parties for suffered damages and lost profits which have occurred as a result of termination, suspension, change or limitation of services, deletion, modification, loss, lack of authentication, incorrectness or incompleteness of messages, materials or information, transferred, used, recorded or became available by WWW.KENSOL.EU. KENSOL LTD after the payment receiving undertakes to transfer to the user/customer the title on the goods ordered for purchase, to deliver in due time the goods ordered for purchase, to check for the quality of each article before it is being sent (in case that this is possible without breaching the package integrity).
8.4.KENSOL LTD shall not be responsible for damages caused on the software, hardware or telecommunication facilities or for loss of data arisen of materials or resources, searched, loaded or used in any manner by means of the rendered services. The advises, consultations or help rendered by the specialists and the staff of KENSOL LTD regarding the use of services by consumers, does not raise any responsibility or obligations for KENSOL LTD.
8.5.KENSOL LTD is entitled to collect and use information regarding its users/customers.
8.6.The information under the previous article may be used by KENSOL LTD, unless in the cases of explicit disagreement of the user sent on the indicated e-mail address. KENSOL LTD collects and uses the information in order to improve the offered services. All purposes for which KENSOL LTD shall use the information shall be pursuant to the Bulgarian legislation, applicable international deeds and the good manners.
8.7. KENSOL LTD shall not be responsible for non-implementation of its obligations under this contracts at occurrence of circumstances which KENSOL LTD has not foreseen and was not obliged to foresee – incl. cases of accidental events, problems in the Internet global network and in service rendering beyond the control of KENSOL LTD.
8.8. KENSOL LTD is entitled to install cookies on the user’s computers. The cookies represent text files which are saved by the Internet page on the hard disk of the User and afford recovery of information for the User by identifying the same and affording the following of its actions, the Internet pages which it visits, the hyperlinks which it uses, the information which it uses and records etc.
IX. PERSONAL DATA
9.1. KENSOL LTD guarantees to its users/customers the confidentiality of the submitted information and personal data. The last shall not be used, submitted or brought to the attention of third parties excluding the cases and at the provisions indicated in these General terms and conditions. KENSOL LTD shall protect the personal data of the user/customer, which became known at filling the e-form for making purchase order as this obligation is cancelled in case that the Customer has submitted false data. At observing the legislation in force and the provisions of these General terms and conditions, KENSOL LTD may use the personal data of the Customer only for the purposes provided in the contract. Any other purposes for which the data are used shall be in conformity with the Bulgarian legislation, applicable international acts, the Internet ethics, moral rules and good manners.
9.1.1. KENSOL LTD undertakes not to disclose any personal data about the customer to third parties – public authorities, companies, individuals etc. unless in the cases when the same received the explicit written consent of the Customer, when the information is required by the public authorities or officials which according the legislation in force are authorized to require and collect such information. KENSOL LTD undertakes to submit the information by virtue of law.
The general terms and conditions may be amended at any time by KENSOL LTD., which is also entitled to change the features of the rendered services and the present General terms and conditions and on the basis of amendments in legislation. KENSOL LTD undertakes to notify the user about the changes in the General terms and conditions as on visible site in its Internet page publishes notification about their changes and affords sufficient term for their acknowledgement. Within the given term, if the user does not state that he rejects the changes then he is considered bound with them. In case that the user declares within the given term that he does not agree with the changes then KENSOL LTD is entitled immediately to suspend or terminate the service rendering to the user.
11.1. Under “User/customer” is understood everybody who loaded the Internet page WWW.KENSOL.EU on its computer.
11.2. Under “Order” is understood the selected goods and all other attributes regarding the method of delivery and payment of goods by the customer/user.
11.3. The Internet shop of WWW.KENSOL.EU is owned by KENSOL LTD.
11.4. All disputes between the parties shall be settled in a spirit of understanding and good faith. In case that may not be achieved any consent, all unsettled disputes including disputes arisen or regarding its interpretation, invalidity, implementation or termination as well as disputes on filling gaps in the agreement or its adjustment to newly arisen circumstances, shall be settled by the competent court of registration of на KENSOL LTD., pursuant to the Bulgarian legislation.
Head office and address of management: town of Ruse, 3 Zornitsa Str.
ID under VAT Act: BG204013538
Person in charge: Yanko Enev
Contacts with KENSOL LTD:
town of Ruse, 3 Zornitsa Str.
Telephones: +359 82/81 77 70, +359 82/81 77 71
Fax: +359 82/ 81 77 72
Mobile telephones: +359 888 35 32 29, +359 887 93 54 73