SALES TERMS AND CONDITIONS
I. GENERAL PROVISIONS
1. This document contains the Sales Terms and Conditions according to which ITR Bulgaria OOD shall provide wholesale and retail trade services at our shop in Burgas, via telephone, e-mail or our online shop: shop.itr.bg. These conditions shall be binding for all legal entities and natural persons, as well as all users of shop.itr.bg. By clicking the registration button or upon placing an order via e-mail, telephone or personally at the ITR Bulgaria shop, the client shall agree to, accept in full and shall be obliged to comply with these Sales Terms and Conditions.
2. The products on the Internet page shop.itr.bg shall not represent a legally binding offer, rather they are part of a sample catalogue which presents the trader’s product line.
3. Upon clicking the ‘Finish order’ button, the users shall agree to purchase the goods in their cart. This action is legally binding. The client shall receive an order confirmation and a contract is considered to be signed upon the receipt of this confirmation.
4. ITR Bulgaria shall reserve the right to cancel a delivery of a confirmed order in case the goods are not available. In case the requested items are not in stock, over the course of the workweek ITR Bulgaria shall inform the client that the items are not available by sending a message to the client’s e-mail address or by contacting them on the telephone number provided. In case a bank transfer to the trader’s account has been made, the client may choose to either receive a reimbursement or cancel the order, or make a substitute order.
5. For Bulgarian legal entities and natural persons the contract language shall be Bulgarian, and the payments shall be made in BGN (VAT included). For foreign entities with a VAT number registration in the respective country, the contract language shall be English and the transactions shall be performed in EUR (VAT not included). For foreign natural persons the contract language shall be English and the payments shall be made in BGN (VAT included).
6. Unless otherwise indicated, the goods, which ITR Bulgaria offers, shall be used.
6a. The goods may be in any of the following conditions:
- New — brand new, sealed in the original packaging;
- New, open box — brand new, unused, in the original unsealed packaging. Additional materials, such as instruction manuals, drivers, discs, may be absent.
- Grade A — used, tested and operating, in good physical condition.
- Grade A- — used, tested and operating, in good physical condition but with small pressure marks or scratches on the display or small cracks on the body;
- Grade B — used, tested and operating, with visible pressure marks or scratches on the display or the body.
6b. The batteries may be in any of the following conditions:
- New — brand new, sealed in a battery packaging;
- OK — used, tested and operating, minimum battery run time — 30 minutes;
- Weak — used, tested and operating, minimum battery run time — 5 to 29 minutes;
- Defect — used, tested and non-operating.
7. The client shall bear full responsibility for the risk of damage/loss of the goods during delivery. Immediately upon supplying the goods to a courier, ITR Bulgaria shall relieve itself from the risk, which is transferred to the user/client. ITR Bulgaria shall not bear responsibility for a delay in case the courier or another supplier is responsible for the delay.
8. Upon receiving the goods, the Client, or the person authorised thereby, shall be obliged to thoroughly inspect the goods. If the delivery is at the expense of ITR Bulgaria, any possible damage to the goods should be reported to ITR Bulgaria immediately and the Client shall have to submit a claim to the transportation company. If the delivery is at the expense of the Client, in case a damage, which has occurred during the transportation of the goods, is established, ITR Bulgaria shall not bear responsibility for the warranty service of these goods. In case the address, contact person and/or contact details have been incorrectly entered upon the order submission, ITR Bulgaria shall not be obliged to process the order.
9. Upon supplying the goods, the user/client or third person shall sign the accompanying documents. A third person is anybody who is not the titular of the order, but accepts the goods upon delivery and is at the address indicated by the client. In case of a refusal to receive the goods, apart from the cases indicated below, the refusal shall be considered unfounded and the Client shall be responsible for paying the delivery and return of the goods. In case the Client is not found within the time period assigned for the delivery at the address indicated, or access and conditions for receipt are not provided in the said time period, ITR Bulgaria shall be relieved from the responsibility to deliver the goods requested.
10. When the goods delivered clearly do not correspond to the goods requested by the Client, which may be established by inspecting the items delivered, the Client may request that the goods delivered be replaced with the goods indicated on his/her order within 24 hours of the receipt.
11. Unless otherwise agreed, foreign clients shall be responsible for organising the delivery of their goods. ITR Bulgaria may assist with finding transportation but on behalf and at the expense of the Client.
12. ITR Bulgaria shall provide a warranty document (delivery note) to the clients who have purchased the goods. The document shall outline the main warranty terms and conditions for the goods purchased by the client. The full warranty terms and conditions can be found www.itr.bg. or
Outside the warranty terms and conditions outlined in the document, the Electronic Commerce Act and the Consumer Protection Law shall apply.
13. The prices listed on the website or offered via e-mail or telephone shall include packaging, but NOT transportation to the Client or insurance, unless there is an additional settlement between ITR Bulgaria and the Client. If the Client would like his/her goods to be insured, he/she shall have to explicitly inform ITR Bulgaria. In case the goods are dispatched outside the territory of the Republic of Bulgaria, the client shall have to pay all customs fees etc., related to export.
V. RIGHTS AND OBLIGATIONS OF THE USER/CLIENT
14. The user/client shall be able to view and (upon registration) order the goods listed on the online shop shop.itr.bg.
15. The user/client shall have the right to be informed about the status of his/her order.
16. The user/client shall bear full responsibility for protecting his/her username and password, as well as for all actions which are performed by him/her or a third person through the use of the username or password. The user shall be obliged to immediately notify ITR Bulgaria about each case concerning an unlawful access through the use of his/her username and password, as well as whenever there is a risk of such use.
17. The user shall be obliged to pay the price of the order in accordance with the method indicated on the shop.itr.bg web page or in accordance with what has been agreed via e-mail, telephone or in the ITR Bulgaria shop.
17a. Clients who have not secured a line of credit with ITR Bulgaria, shall be obliged to pay their order in cash (personally in the shop), upon delivery by a courier, or in advance via bank transfer.
17b. If the client chooses to pay via bank transfer, he/she shall receive a proforma invoice, the full amount of which shall have to be paid within 5 (five) working days of the issue date. The order shall be processed after the receipt of the payment. If the payment (or proof of payment with a reference number) has not been received within the aforementioned time period, ITR Bulgaria shall have the right to cancel the order and the reservation of the goods. If the Client is a natural person and would like to pay via bank transfer, he/she shall have to provide his/her Unified Citizen Number (UCN) for the purpose of issuing an invoice.
18. When using the services of shop.itr.bg each user, regardless of whether he/she is a client of ITR Bulgaria, shall be obliged:
- not to breach someone else’s legal or non-legal, absolute or relative rights and interests such as right of ownership, right of intellectual property, etc.;
- to comply with the Bulgarian legislation, the applicable foreign laws, the rules of moral and principles of morality and the Internet ethics when using the services provided by ITR Bulgaria;
- to immediately notify ITR Bulgaria in case of a breach when using the services provided;
- not to load, send, transfer, disseminate or use in any way, and not to disclose to third persons, software, computer programmes, files, applications and other materials containing computer viruses, systems for unauthorised remote control (Trojan horses), computer codes or materials which impede, hamper or limit the normal functioning of a computer hardware or software or telecommunication facilities, or which are aimed at providing unauthorised penetration or access to foreign resources or software;
- not to undertake any malicious actions;
- to compensate ITR Bulgaria and all third persons for any damages or loss of profits suffered, including all expenses and remunerations for lawyers, which have arisen as a result of claims submitted and/or paid compensations to third persons in relation to Internet pages, hyperlinks, materials or information which the user has used, placed on the server, sent, disseminated, disclosed to third persons, or provided access to via shop.itr.bg in breach of the law and these Sales Terms and Conditions, the principles of morality or the Internet ethics;
19. All clients shall be obliged to provide a valid telephone number, delivery address and e-mail, to pay the price of the goods, to pay the delivery expenses, whenever the latter is not free of charge, and to provide access and conditions for the receipt of the goods. Unless it is explicitly indicated that the delivery is free of charge, the latter shall be considered payable.
20. Users — natural persons, shall have the right to return their purchase within 14 days after the receipt of the goods, and in this case the user shall be obliged to pay all delivery (in case it is paid for by ITR Bulgaria) and return costs.
20a. In order to exercise their right under this article, the User shall have to inform ITR Bulgaria unambiguously about their decision to cancel the contract by completing а
Warranty claim, in which they have to indicate the goods they would like to return and provide a bank account for the purpose of receiving a reimbursement.
20b. The user shall be obliged to return the goods at his/her expense, including all of the accompanying documents and accessories, by providing them to ITR Bulgaria, or to a person authorised thereby, within 14 days following the date on which the User exercised his/her right to cancel the contract. The returned goods must comply with the following requirements:
- no mechanical damages;
- to be delivered in their original packaging and to be in a presentable condition for the market;
- to be accompanied by the warranty document, the accompanying documents and accessories they were delivered with.
21. If the delivery is made outside the territory of Bulgaria and it is organised by the Client, he/she shall be obliged to provide ITR Bulgaria with a copy of a proof of delivery (signed CMR, waybill), as well as a signed certificate of delivery confirmation (Entry certificate), which shall be provided to the Client by ITR Bulgaria.
22. If the delivery is made outside the territory of Bulgaria and it is organised by ITR Bulgaria, the Client shall be obliged, upon request by ITR Bulgaria, to present a copy of proof of delivery (signed CMR, waybill).
VI. RIGHTS AND OBLIGATIONS OF ITR BULGARIA OOD
23. ITR Bulgaria shall not have the obligation or the objective opportunity to control the way in which users use the services provided.
24. ITR Bulgaria shall have the right, but shall not be obliged, to store materials and information located on the shop.itr.bg server.
25. ITR Bulgaria shall have the right at any time, without notifying the User/client, when the latter uses the services in breach these terms and conditions, as well as by decision of ITR Bulgaria, to terminate, cancel or change the services provided in relation to the use of the website. ITR Bulgaria shall not bear responsibility towards users and third persons for any damages and loss of profit suffered, which have occurred as a result of the termination, cancellation, change or limitation of the services, deletion, modification, loss, inaccuracy or incompleteness of messages, materials or information which are transferred, used, recorded or made accessible via shop.itr.bg.
25a. Upon the receipt of the payment, ITR Bulgaria shall be obliged to transfer the ownership of the purchase to the client, to deliver the goods within the established time period, to check the technical condition of each item before dispatching it (in case this is possible without the need to break the packaging).
26. In case the User — a natural person decides to exercise his/her right to cancel the purchase, ITR Bulgaria shall reimburse the User via bank transfer for the returned goods, and the User shall not have the right to request a reimbursement for the courier delivery and return services.
26a. ITR Bulgaria shall have the right to postpone the reimbursement of the payments until the goods are received.
26b. In case the User does not fulfill his/her obligation with regards to the timely return of the goods, without notifying ITR Bulgaria about the delay and without presenting a sound reason for the latter, it shall be considered that he/she has withdrawn his/her wish to cancel the contract.
27. ITR Bulgaria shall not bear responsibility for any damages on the software, hardware or telecommunication facilities, or loss of data, which have occurred from materials or resources which are searched, loaded or used in any way through the services provided. The advice, consultations or the help provided by experts and employees at ITR Bulgaria in relation to the use of the services by users, shall not lead to any responsibility or obligations for ITR Bulgaria. The company shall not bear responsibility in case the manufacturer has indicated inaccurate information about the goods.
28. ITR Bulgaria shall have the right to collect and use information relating to its Users/clients regardless of whether they have a registration.
29. The information under the previous article may be used by ITR Bulgaria, except in the case of an explicit disagreement on the part of the User sent to the e-mail address indicated on www.itr.bg. ITR Bulgaria shall collect and use the information for the purpose of improving the services offered. All purposes for which ITR Bulgaria shall use the information shall be in line with the Bulgarian legislation, the applicable international acts and the principles of morality.
30. ITR Bulgaria shall not bear responsibility for non-performance of its obligations under this contract in the event of circumstances which ITR Bulgaria had not foreseen and had not been obliged to foresee — including incidents, issues in the global Internet network and with regards to the provision of services which are outside the control of ITR Bulgaria.
VII. PERSONAL DATA AND COOKIES
31. Please click here in order to acquaint yourself with our Personal Data Protection Policy.
32. The Sales Terms and Conditions may be altered at any time by ITR Bulgaria, which shall also have the right to change the nature of the services offered and the current Sales Terms and Conditions based on legislative changes. ITR Bulgaria shall be obliged to notify the User about the changes in the Sales Terms and Condition, as well as to publish a statement regarding the changes on a visible place on the Internet page and allow enough time for the Users to acquaint themselves with them. If, in the time period provided, the User does not state that he/she rejects the changes, it shall be considered that he/she is bound by them. In case the User declares, within the time period provided, that he/she does not agree with the changes, ITR Bulgaria shall have the right to immediately stop or terminate the provision of services to the User.
33. ‘User/client’ shall mean everybody who has loaded shop.itr.bg on their computer, or anybody who has personally expressed a wish to purchase goods from ITR Bulgaria (they have placed an order via telephone, e-mail or at the ITR Bulgaria shop).
34. ‘Order’ shall mean all of the selected goods and all other attributes relating to the delivery means and the payment of the goods by the client/user.
35. The Internet shop shop.itr.bg is property of ITR Bulgaria OOD.
36. All disputes between the parties shall be resolved in the spirit of mutual understanding and good will. In case an agreement is not reached, all unresolved disputes, including disputes arising from or relating to its interpretation, invalidity, performance or termination, as well as disputes about filling gaps in the contract or adapting it to new circumstances, shall be resolved by the competent court according to the registration of ITR Bulgaria and in line with the Bulgarian legislation.