General Terms of Use

1. Subject

These terms and conditions of use ("Terms") govern the relationship between ATHLETIC STORE Ltd., a company registered under the Commercial Law of the Republic of Bulgaria with UIC 207142876, VAT registration: No. BG207142876 and registered office at Bulgaria, Sofia, Lozenets district (hereinafter referred to as the "Supplier"), on the one hand, and any person (hereinafter referred to as the "User") who makes a purchase through the athleticstore.org website (hereinafter referred to as the "Website"), and collectively referred to as the "Parties". The User declares that he has the legal capacity to enter into a contract allowing him to place an order on this Website. The Parties agree that their relationship shall be governed exclusively by these Terms. The Terms are subject to change and in this regard the applicable Terms are those in force at the time the order is placed on the Website.

The Supplier arranges for the delivery of the goods ordered by Users and guarantees the rights of Users provided for by law, within the framework of good faith, criteria and conditions accepted in practice, consumer or commercial law.

In order to complete the order requested by the User, the Parties shall enter into a contract for the purchase of the goods or services requested. The contract shall be concluded in Bulgarian and stored in the Supplier's database.

By virtue of the concluded contract for the purchase and sale of goods, the Supplier undertakes to arrange the delivery and transfer of ownership of the goods specified by the User, and the User undertakes to pay the Supplier the previously stated consideration for the goods and delivery in accordance with the terms set out on the Website and these Terms.

2. Features of the Website

This Website is an e-commerce platform through which Users are able to enter into contracts for the purchase and delivery of the goods offered by the Supplier, including:

Register and create an account on the Website platform;
To view the goods, their characteristics, prices and delivery terms;
Enter into contracts with the Supplier for the purchase and delivery of the goods offered through the Website;
Receive information about new goods, services or other promotions offered by through the Website;
Be notified of their rights under applicable laws and exercise those rights.
3. Registration and ordering details

Registration (creation of an account) on the Website is absolutely voluntary and free of charge. Registration is only necessary when using certain functionalities of the Website. The user can browse the Website and the goods offered freely without registration. Registration is not a prerequisite for placing an order and concluding a contract for the purchase and sale of goods on the Website.

In order to register, the User must complete a registration form by providing a first and last name, e-mail address and creating a password.

In order to complete registration the User should agree to the Privacy Policy. The User will also be given the opportunity to consent to receive information regarding discounts and promotions via email - consent is not required to complete registration.

Prior to completing an order as a registered user, the User should additionally provide a telephone number and delivery address in the event that they wish the ordered goods to be delivered to an address specified by the User.

In providing registration and order details, the User agrees:

To provide true, accurate, current and complete information about himself when completing the registration form;
to make changes to such personal data as necessary to ensure that it is true, accurate, current and complete.
In the event that the User provides false, inaccurate, outdated or incomplete information, the Provider shall have the right to block and/or delete the User's account and deny the User further access to some or all of its services.

The User is responsible for maintaining the confidentiality of his account. User shall immediately notify Provider of any unauthorized use of its account or any other breach of security.

In case the User forgets (loses) his/her password, the User may request the Provider to provide a new password and the Provider will automatically send a message to the User's e-mail containing a new password for access to the account. It is recommended that immediately after accessing the account with the automatically generated password, the User changes this password with another secure password via the user panel.

The Provider shall not be liable for any damages and losses arising due to non-compliance with the provisions of this clause.

4. Ordering goods

Placing an order (concluding a purchase contract) is carried out by the following steps:

The user fills his basket with the goods of his choice;
The user enters delivery details;
The user selects the delivery method;
The user selects the payment method;
User enters invoice details (optional);
User agrees to these Terms and Conditions and the Privacy Policy
The user submits their order by clicking the "Complete Order" button;
Upon completion of the order, the User will receive an email from the Supplier confirming the order and containing the order details.

The order confirmation email has the meaning of acceptance by the Supplier of the submitted order and thus forms a contract of sale between the Parties.

As soon as the order is ready for dispatch, the Supplier will send an email confirming the dispatch of the order to the User.

5. Prices and method of payment

The prices displayed on the Website are quoted in Bulgarian Leva and include VAT and are applicable for delivery within Bulgaria. The Supplier reserves the right, without notice, to change the prices of goods at any time, except for goods already ordered by the User. VAT shall be applied at the statutory rate in force at the time of placing the order. The prices of goods displayed on the Website do not include courier costs.

The User may pay the price for the individual goods at once when ordering the goods in one of the following ways:

By bank transfer;
By debit/credit card
By accepting these Terms, the User undertakes to pay the Supplier in advance, in full, the sale price of any goods ordered from the Website.

In the case of payment by "cash on delivery", the User shall receive from the courier an invoice/fiscal receipt stating the price payable for the goods and the cost of processing and delivery of the order. The User shall hand over to the courier the total amount due, including the price of the goods and the handling and delivery charge stated on the invoice/receipt. The payment shall be noted in the acceptance document, which serves as a receipt and certifies the delivery of the goods by the courier to the User. By signing the acceptance document, the User authorises the courier to transfer on his behalf and for his account to the Supplier the amount stated in the invoice/receipt.

6. Delivery

The User may choose whether the goods are delivered to an address specified by the User, to a courier's office, or to our shop. The products are delivered only to regular postal addresses in Bulgaria. In the event that delivery is made to a country outside the EU and EEA all customs fees and taxes (including customs duties) are the responsibility of the User, and the delivery time depends on the final destination and the freight forwarding company making the delivery. Goods may also be delivered to a so-called "collective" address (an address that is, for example, in a business building, school, kindergarten, etc.). In this case, the User confirms that the delivery of the order has taken place upon actual delivery to the collective address indicated in his order, although the goods may be received by a third party. The transfer of risks to the User takes place upon transmission, so it is important that the User takes all measures to ensure that his order is received at such address.

The delivery time is 30 days from the conclusion of the contract, unless otherwise agreed by the parties. The User will be informed of the dispatch of his order automatically by e-mail or telephone.

If the Supplier is unable to fulfil the contract due to not having the goods ordered, he is obliged to notify the User and refund the amounts paid by him.

Delivery shall be made by courier company and the cost thereof shall be borne by the User, unless otherwise provided for in these Conditions.

A User who is absent at the time of delivery will be contacted again in accordance with the rules of the relevant courier and, if delivery is not made within 10 working days, the product will be returned to the Supplier. The Supplier will then attempt to contact the User and in the absence of a response from the User within 7 working days, the User will be deemed to have exercised their right of withdrawal.

The User must inspect the goods at the time of delivery and handover and if they do not meet the requirements notify the Supplier immediately. If the User does not notify the Supplier the goods shall be deemed to have been approved as conforming.

In the event of an error, regardless of whose fault, which results in the User receiving goods other than those ordered by the User or at a different price from that stated at the completion of the order, the User shall immediately return the goods at the Supplier's expense.

7. Right of return

The consumer has the right to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by the Supplier, without compensation or penalty and without giving a reason. The User shall notify the Supplier of his wish to withdraw from the contract or to replace a good clearly and unambiguously by completing the standard form for exercising the right of withdrawal in one of the following ways:

- by post to Bulgaria, Sofia, Lozenets district

- by email to hello@athleticstore.org

The Supplier shall refund all amounts received from the User without undue delay and no later than 14 days from the date on which the goods are accepted by the Supplier. The Supplier shall refund the amounts received using the same means of payment used by the User in the original transaction, unless the User has expressly wished to use another means of payment and provided that this does not involve any cost to the User.

In lieu of a refund, the User shall have the right to request a replacement of the size or item appearing on his original order.

The cost of returning the goods shall be borne by the User.

The right of withdrawal does not apply to the following contracts:

for the provision of services, where the service has been provided in full, where the contract provides for an obligation for the consumer to pay, and performance has begun with the consumer's express prior agreement and acknowledgement that he knows he will lose his right of withdrawal once the contract has been fully performed by the trader;
for the supply of goods or services the price of which depends on fluctuations in the financial market which cannot be controlled by the Supplier and which may occur during the period for exercising the right of withdrawal;
for the delivery of goods made to the User's order or in accordance with the User's individual requirements;
for the delivery of goods which, by their nature, may deteriorate in quality or have a short shelf life;
for the delivery of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
for the delivery of goods which, having been delivered, have by their nature become mixed with other goods from which they cannot be separated;
for the delivery of alcoholic beverages, the price of which is agreed at the time of conclusion of the contract of sale, where delivery can be made no earlier than 30 days from the conclusion of the contract and whose actual value depends on market fluctuations which cannot be controlled by the Supplier;
where the Consumer has expressly requested the Supplier to visit him at his home in order to carry out urgent repair or maintenance work; where, during such a visit, the Supplier provides other services in addition to those requested by the Consumer, or delivers goods other than spare parts necessary to carry out the repair or maintenance, the right of withdrawal shall apply to those additional services or goods;
for the supply of sealed sound or video recordings or sealed computer software which are unsealed after delivery;
for the supply of newspapers, periodicals or magazines, excluding subscription contracts for the supply of such publications;
concluded during a public tender;
for the provision of accommodation services not intended for living purposes, the transport of goods, the hire of cars, catering services or the provision of services relating to leisure activities, if the contract provides for a specific date or period of performance;
for the provision of digital content which is not provided in a tangible medium, where performance has begun and the contract obliges the consumer to pay, where:
the consumer has given his express prior consent to the commencement of performance during the cancellation period;
the consumer has acknowledged that he knows that he will thereby lose his right of withdrawal;
the trader has provided a confirmation pursuant to Article 48(2) or 49(8) of the CPA;
for the provision of services which oblige the consumer to pay, where the consumer has expressly requested the trader to visit him at his home to carry out repair work after the service has been fully provided and performance has begun with the consumer's express prior consent.
The Supplier and the Consumer shall enter into separate purchase contracts for the goods requested by the Consumer, notwithstanding that they are selected by a single electronic order, and the Supplier shall jointly arrange for the delivery of the goods ordered by the separate purchase contracts. The User's rights in relation to the delivered goods shall be exercised separately for each purchase contract. The exercise of rights in relation to delivered goods shall not affect or have effect in relation to the purchase contracts for the other goods. In the event that the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the purchase contract for a particular good shall not affect the purchase contracts for the other goods delivered to the User. When exercising the rights under the purchase contract, the Consumer shall be obliged to indicate precisely and unambiguously the contract and the goods in respect of which he exercises the rights.

8. Legal and commercial warranty

Legal guarantee
The Supplier reminds the User of the existence of a statutory warranty governed by the Digital Content and Services and Sale of Goods Act (DCTSA). The statutory guarantee is the Supplier's obligation to warrant, within two years of delivery of the goods, that it has sold an item that is as described in the contract of sale. The two year period starts from the day the Consumer receives delivery.

In the context of the statutory warranty, where the goods do not comply with the individual conformity requirements of the contract, the objective conformity requirements and the fitting or installation requirements of the goods, the Consumer is entitled to:

make a claim by asking the seller to bring the goods into conformity;
receive a proportionate reduction in the price;
cancel the contract.
When making a claim, the consumer has the right to claim that the goods be brought into conformity with the contract and may choose to do so by repairing or replacing the goods. The Supplier may refuse to bring the goods into conformity if repair and replacement are impossible for the Supplier, or if they would entail disproportionate costs for the Supplier, taking into account all the circumstances of the case, including:

the value that the goods would have if there were no lack of conformity;
the significance of the non-conformity, and
the possibility of providing the consumer with another remedy without significant inconvenience to the consumer.
The consumer has the right to request a proportionate reduction in price or to cancel the contract of sale where:

The supplier has failed to repair or replace the goods or has refused to bring the goods into conformity with the contract.
non-conformity has occurred despite the Supplier having taken action to bring the goods into conformity;
the non-conformity is so serious as to justify an immediate price reduction or cancellation of the contract of sale; or
the Supplier has stated or it is clear from the circumstances that it will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.
The consumer is not entitled to cancel the contract if the non-conformity is minor. The burden of proof as to whether the non-conformity is minor shall be on the Supplier.
The consumer is entitled to refuse payment of the remaining part of the price or part of the price until the Supplier has fulfilled its obligations to bring the goods into conformity.
Where the consumer has opted for a price reduction, the price shall be reduced in proportion to the difference between the value of the goods received by the consumer and the value the goods would have had if there had been no lack of conformity.

The consumer shall exercise his right to cancel the contract by making an application to the Supplier notifying him of his decision to cancel the contract of sale. Where the non-conformity relates only to some of the goods supplied pursuant to the contract of sale and there is a ground for rescission, the consumer is entitled to rescind the contract of sale only in respect of those goods which do not conform and in respect of any other goods which he has acquired together with the goods which do not conform if it cannot reasonably be expected that the consumer will agree to retain only the goods which conform. Where the consumer cancels the contract of sale in whole or in part only in respect of some of the goods supplied pursuant to the contract of sale, the consumer shall return those goods to the Supplier without undue delay and not later than 14 days from the date on which the consumer has notified the Supplier of his decision to cancel the contract of sale. The deadline shall be deemed to have been met if the consumer has returned or sent the goods back to the Supplier before the expiry of the 14-day period. The Supplier shall reimburse the consumer the price paid for the goods upon receipt of the goods or upon presentation of proof by the consumer of their shipment to the Supplier. The Supplier is obliged to reimburse the amounts received using the same means of payment used by the consumer in the original transaction, unless the consumer has expressly agreed to the use of another means of payment and provided that this does not entail a cost for the consumer.

The statutory guarantee of conformity shall apply independently of any commercial guarantee that may be provided.

Commercial guarantee
Certain goods sold through the Website may also benefit from a commercial guarantee, the duration of which is stated on the product page of the relevant product. If the goods benefit from a commercial guarantee, the User will receive a guarantee card at the latest at the time of receipt of his order, which will indicate the content of the commercial guarantee, its performance, duration and territorial scope, as well as the name and address of the guarantor. All goods are subject to the warranty conditions of the respective manufacturer or authorised service centres. Only the original warranty cards with which the goods were received are valid in the service centres.

The warranty is void in the event of:

- damage caused by improper storage or operation.

- attempted repair by the User and/or another person.

- the use of poor quality and non-original consumables.

- as a result of force majeure.

9. Conduct of Users

Users of the Website understand that the information, data, posted opinions and comments, text, software, music, sound, photographs or any other materials (collectively, "Content") that they make public or transmit confidentially through the use of the Website are the sole responsibility of the User who generates such Content.

By using the Website, User may encounter Content that is offensive, indecent or objectionable in nature. Under no circumstances will the Provider be liable for any User Generated Content, including any errors or omissions therein, and/or for any damages or harm of any nature incurred as a result of the use of Content displayed, posted, transmitted or otherwise made available through the Website.

User agrees NOT to use the Website to:

formulate, send or otherwise transmit Content that is unlawful, harmful, threatening, abusive, harassing, injurious, defamatory, vulgar, obscene, defamatory, invasive of the privacy of others or racially, ethnically or otherwise objectionable;
create promotional content for goods and services outside the Website, or post web addresses linking to pages and services outside the Website, except where expressly permitted.
Impersonate a person or group of people, including but not limited to: a representative of the Supplier, a representative of a manufacturer, etc., or otherwise misrepresent their identity;
falsify headers or otherwise manipulate identification to obfuscate the origin of Content transmitted through the Website;
formulate, send, publish or otherwise transmit Content that it is not entitled to transmit by law or as a result of other contractual or confidential relationships (such as inside information, confidential or proprietary information obtained as a result of a rental relationship, or that is subject to non-disclosure agreements);
formulate, transmit, publish or otherwise communicate Content that infringes any patent, trademark, copyright or other proprietary right of any party;
formulate, send, post or otherwise transmit unauthorized promotional material, unsolicited commercial messages (spam), "chain letters", aliased subdomains, "pyramid schemes" or other forms of solicitation;
formulate, send, post or otherwise transmit material containing computer viruses or other computer code, files or programs designed to interrupt, disrupt or limit the operation of computer software, hardware or telecommunications equipment;
disrupt the normal operation of other users of the Website;
interfere with the provision of the Website Services or disrupt the operation of servers or networks connected to the Services; or fail to comply with the requirements, procedures, policies or regulations of networks connected to the Website;
intentionally or unintentionally violate local, national or international laws;
Stalk or otherwise harass another User;
improperly collect or use personal information about other Users.
Provider reserves the right to restrict and/or deny access to the Website to Users who repeatedly or consistently violate the requirements listed above.

Provider reserves the right to edit and remove information provided by User in violation of the requirements listed above.

10. Copyright and related restrictions

The Provider grants the Users the right to use any services that are provided through the Website for personal, non-commercial use only, provided that the copyright of the Provider or of third parties directly or indirectly related to the materials on the Website is not infringed. The materials on the Website may not be altered in any way nor copied, publicly distributed or distributed for any public or commercial purpose. The use of the material published on the Website on other websites is prohibited.

The materials on this Website are protected by copyright and related rights laws and any unauthorized use may constitute copyright infringement.

The Provider reserves the right to assign the rights to publish material and any part of the information on the Website to third parties, subject to a further contract governing the rights and obligations in writing between the Provider and the person publishing the information.

11. Links from and to the Website

Owners of websites and pages outside the Website are entitled to create links to any HTML page on the Website under the following conditions:

the link may point to the page, but not copy its content, copying of text material from the page to which the link points is permitted, up to 10 words in length;
must not open the page from the Website in frames and must not supplement or modify the information on the page in any way. This includes adding information before, after and/or around the Website page;
must not state, explicitly or implicitly, that the Website recommends it and/or its products and services;
must not give false or misleading information about the Website's products and/or services.
By linking to the Website, the Website Owner represents that he or she accepts these Terms, even if he or she does not use the Website's services.

Owners of websites and pages outside the Website are not allowed to create links to images, multimedia samples and other content, but only to the HTML pages providing this content.

Links provided on the Website to other websites owned by third parties are posted solely for the convenience of users. By using such a link, users are not using a service provided by the Website and these Terms are void following the use of the link.The Provider has no control over those websites to which it has linked and accepts no responsibility for any of them and/or their content. Thus, the Provider in no way endorses or recommends these websites or the information published on them. The visit and all risks associated with it to such website is the sole responsibility of the User.

12. Information for supervisory authorities

Data Protection Commission
Address. Data Protection Authority. "Sofia, Proff. 2, Sofia, Prof. Tsvetan Lazarov
Tel.: 02/91-53-515; 02/91-53-519
Fax: 02/91-53-525
E-mail: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg

Commission for Consumer Protection
Address. "Slaveykov Str. 4A, floors 3, 4 and 6,
Phone: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg

Commission for Protection of Competition
Address. "18 Vitosha Str.
Phone: 02 / 935 61 13
Fax: 02 / 980 73 15
Hotline: 0700 111 22
Website: www.cpc.bg

13. Applicable law and disputes

These Conditions of Sale are subject to Bulgarian law.

All disputes between the parties shall be resolved in a spirit of understanding and goodwill. In the event that no agreement is reached, all unresolved disputes arising out of or relating to the contract between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, shall be resolved by the court of competent jurisdiction determined in accordance with the provisions of the Code of Civil Procedure.

The User is informed of the possibility to have recourse in the event of a dispute to a conciliation commission pursuant to the Consumer Disputes Act (CPSA), a mediation procedure, EU online dispute resolution or any other alternative dispute resolution method.

14. Other

The Provider does not warrant the accuracy, completeness, correctness or nature of any content sent and distributed via the Website. Nor does the Provider warrant that the materials or services on this Website are appropriate or available for use outside of Bulgaria and accordingly access to them from territories where their contents are illegal is not permitted.

The Supplier may change the technology and design of the goods provided without prior notice.

Given the international nature of the Internet network and that the Website is connected to this network, the Provider cannot guarantee that the flow of information to and from the Website will not be monitored and recorded by third parties.

The use of the Website by persons under the age of 18 is prohibited.

15. Amendment and Integrity of the Terms

These Terms consist of all of the clauses that comprise them. Failure to refer to any of these clauses shall not constitute a waiver of these Terms. In the event that one of the clauses is invalid, this shall not invalidate the remaining clauses.

These Terms may be updated at any time without specific notice to Users. The Provider shall not be liable if the User has not read the latest version of these Terms.

When using the services of the Website, the User is obliged to comply with these Terms, as well as all other conditions set by the legislation of the Republic of Bulgaria and international law, even if not mentioned in these Terms.

16. Correspondence details with the Supplier

ATHLETIC STORE Ltd.
Address: Bulgaria, Sofia, Lozenets district
Email: hello@athleticstore.org
Phone: +359 877 737 656
...

Last update of Terms: 29.05.2022.