This document contains General Conditions under which the Trader provides services to Customers and access to and use of http://en.elmarkstore.eu/, and the products and services available through this website.
2. TRADER DETAILS
ELMARK TRADE LTD.
ZPZ 10 Perla Str.
Varna 9009, Bulgaria
Phone: +359 52 57 55 77
Trader - ELMARK TRADE LTD.
Customer - any natural or legal person using the website, including browsing, create orders, purchase of goods, return and exchange etc. and agrees to all of the Terms of Service.
Website - www.elmarkstore.eu domain and its subdomains owned by ELMARK TRADE LTD.
Online store - online platform for purchase of goods using website http://en.elmarkstore.eu/
General Condition - means these terms and conditions. By clicking on any item, link or a button, located on the http://en.elmarkstore.eu/ (except the link to these Terms and Conditions), the Customer agrees, accepts and obliged to comply these Terms and Conditions of the online store.
CPA - means Consumer Protection Act.
PDPA - means Personal Data Protection Act.
Personal data - means personal data under the Personal Data Protection Act (PDPA).
Account - registration at http://en.elmarkstore.eu/, created by Customer via his e-mail address and password, which allows to make an order /contract and contains information about the user and history of his acts.
Order - an e-document representing a communication form between Trader and Customer, through which the Customer informs the Trader, his intention to purchase the goods and services from http://en.elmarkstore.eu/
Goods and Services - each subject of the contract.
Contract - conclude an agreement between Trader and Customer for purchase the good, at the website price and in according to these Terms and Conditions. Please note, that each order is a different contract.
Content - any information including images, texts, design, software, database etc. Also any information provided by Trader to Customer via webstore about the products, services, prices, discounts and messages sent by any form of communication.
Delivery - receiving the ordered and paid goods.
Courier - a company which is registered and operate under the Postal Services and deliver the purchased goods to the address specified by the Customer.
Payment - transfer of finances for purchase of goods from the online store according Payment methods
4. MAIN POINTS
4.1. All conditions are mandatory for all customers of http://en.elmarkstore.eu/
4.2. All Terms and Conditions may be update by the Trader at any time. Each Customer should check this page regularly to take notice of any changes Trader may have made to the Terms and Conditions.
4.3. Any use of the online store means that the Customer is agree, accept and obliged to comply General Terms and Conditions.
4.4. Using the online store, the Customer is responsible for any damages and losses to the Trader or a third party, resulting from his action and / or inaction.
4.5. If the Customer does not agree with these Terms and Conditions, he is required to do not use the webstore.
4.6. Customer has the rights to disagree with General Terms and Conditions in case that he does not have a Contract or any obligations to the Trader.
4.7. Customer must be over 18 years of age and possess a valid information. Otherwise the Customer has a criminal liability.
4.8. Trader has the right to transfer any rights and obligations, and any Contract with the Customer to third parties. Customers will receive a notice about the transfer of Traders rights. In that case, Trader is not released of his duties.
4.9. If any clause in these Terms and Condition is inapplicable or invalid, it does not impose invalidity of the other clauses.
5.1. ELMARK TRADE LTD. is trying to maintain the accuracy of the information provided to Customer through the webstore.
5.2. ELMARK TRADE LTD. does not claim that provide a comprehensive information.
5.3. Images of the products are informative, and the delivered products may be different form the images in the webstore. Customer has no rights to seek Traders liability for any lack of coincidence.
5.4. ELMARK TRADE LTD. is not responsible for technical mistakes, inaccuracies in the description or the pictures of the products, prices of the items, and any external tamper. If Customer found any, let notify the Trader.
5.5. The descriptions and the prices of the products can be changed at any time and may contain mistakes.
5.6. http://en.elmarkstore.eu/ contains links to other websites with their own privacy policies. ELMARK TRADE LTD. is not responsible for the privacy policies of these websites.
5.7. ELMARK TRADE LTD. is not responsible for any losses of Customer, caused by the use of the webstore. All costs associated with this kind of damages are on behalf of the Customer.
6. CONCLUDE A CONTRACT
6.1. Customers use the interface http://en.elmarkstore.eu/, to conclude a contract in the webstore.
6.2. The contracts represents these Terms and Conditions, available at http://en.elmarkstore.eu/. The specifics of each contract are described in each order confirmed by the Customer.
6.3. Parties to the contract are Trader and Customer, with his detail information upon registration of the order.
6.4. Customer create an orders from the webstore, to receive the goods and services through payment.
6.5. Trader notify the Customer by e-mail or phone that the order is obtained, which is not mean acceptance or commitment by the Trader.
6.6. Trader may not deliver the goods and services in the order, because of lack of stock availability, changing the price, or without stating reason. In any cases, the Trader will notify the Customer by e-mail or phone. In these cases, the Trader is responsible to make a full refund within 14 days to the Customer for prepaid goods.
6.7. The contract between Trader and Customer is concluded at the moment that the Trader receives the acceptance of the offer by the Customer, by placing an order. At this time the Customer will also be sent a confirmation by e-mail, re-stating the details for his records.
6.8. Conclusion and confirmation of the contract are considered received, when the parties are able to access them.
6.9. The courier delivers the goods to the Customers address, and is not responsible in case of incorrect contact details.
7.1. The Customer can make an orders of goods and services from http://en.elmarkstore.eu/ at any time, with or without registered account. ELMARK TRADE LTD. gives discounts to their registered customers - individuals and legal entities. For all legal entities the discounts are defined by their chosen business sector. ELMARK TRADE LTD. reserves the right to unilaterally change their legal terms.
7.2. By confirming the order, the Customer confirms that his detail information is correct.
7.3. The webpage of each item gives an information about the stock availability or delivery time. It is possible after sending the order, some of the products may not be available, because of updating the system. In that case, Trader will notify the Customer by e-mail.
7.4. After sending the order, the Customer agrees to contact him to confirm the products availability, prices and delivery time.
7.5. Trader may refuse the order or part of it, and will notify the Customer about that. The refusal does not affect to any party in the following cases:
- Incomplete and incorrect information provided by the Customer;
- The Customer makes any damage to the Trader or a third party;
- Out of stock;
- Invalid money transaction.
8.1. The Customer of the webstore is entitled to cancel the purchase and to return the ordered products within 14 days from the date of delivery.
8.2. To refuse the order the Customer must complete the RETURN FORM.The information, which the Customer has to provide is: his name, address, telephone number, e-mail address, order number, message about the cancellation, description of the products and bank accout to which the Trader will refund the amount paid.
8.3. Customer can exchange the product for another one from the same or from a different category.
8.4. In this cases the Customer will be liable for the cost of return to our warehouse in Republic of Bulgaria.
8.5. If the Customer refuse the order, the amount of payment will be refunded within 14 days after retuning in the Trader warehouse by bank transfer.
8.6. Trader may delay the refund until received the products back or to obtain the proof that the products are sent.
8.7. The products must be returned unused, undamaged and send securely. All products must be in the original packing, with product tags and documentation.
8.8. Trader reserves the rights to retain the paid amount, if the Customer returns any of the products with damage, scratches, missing components or missing tags and documentation.
9. ONLINE SALES POLICY
9.1. Any Customer has access to website: http://en.elmarkstore.eu/
9.2. Any Customer can make an order, with or without registered account.
9.3. All prices of the products and / or services on the website are final, declared in EUR (€) including VAT and all other requirements by law taxes and fees.
9.4. Customer discounts do not apply for promotional products and products with lowered prices.
9.5. Before sending the order each Customer confirmed that he is agree with these Terms and Conditions.
9.6. Once the Customer have placed his order he will be presented with an order confirmation screen detailing what he has bought, payment methods and delivery options.Trader is not responsible in case of undelivered parcel because of incorrect contact details.
9.7. For online payment or international bank transfer, Trader is not responsible for any extra charges, fees or other additional payment in connection with the transaction. These costs are borne by the Customer.
9.8. http://en.elmarkstore.eu/ reserves the rights to limit the Customer access to registration of the order or to any of the payment methods. In that case, the Trader is not responsible for any losses of the Customer. If Customer need any information about limitations on his account, let contact the Trader.
9.9. Customer can post his comments in the sections established from http://en.elmarkstore.eu/
The comments which contains an obscene or inappropriate information will not be publish on the website. Trader can processed the received information.
9.10. Communication between the Customer and the Trader may be done through the website or by personal contact.
9.11. When the Customer creates an account or confirms the order, he can select the option to receive an electronic newsletter. The refusal can be done by click on the link of the newsletter or by send a request on the following e-mail address: firstname.lastname@example.org
10. PAYMENT METHODS
10.1. All prices of the products and / or services on the website are final, declared in EUR (€) including VAT and all other requirements by law taxes and fees.
10.2. In process of ordering, The Customer can select between the following payment methods:
- Bank transfer – The Customer pays the value of the order to the bank account of ELMARK TRADE LTD. with reason for paying – the order number and the date. After receiving of the payment to the bank account of ELMARK TRADE LTD., the products will be dispatch.
To use this method, please use the following bank account:
ELMARK TRADE LTD.
SWIFT CODE: UNCRBGSF
BANK: UNICREDIT BULBANK AD
- Credit or debit card (MyPos).
10.3. For any order, the Customer is required to provide the detail information for an invoice.
10.4. Trader will create an invoice to the Customer based on the details of the order.
11. DELIVERY INFORMATION
11.1. Trader will dispatch the products to the Customers address, after the receipt of payment and in case the Customers address is located on the territory of European Union (EU) .
11.2. Trader is required to provide a proper package and documentation.
11.3. Trader is not responsible in case of delay of the delivery because of a couriers fault.
11.4. Trader is not responsible in case of incorrect shipping details.
11.5. The estimated delivery time for each country is described in Delivery policy. Trader send from Monday to Friday (except public holidays).
In case of delay of the delivery, the Trader will notify the Customer by e-mail.
If the product is “out of stock”, the Trader will inform the Customer about the possible delivery time, or will offer exchange the product or refund.
11.6. http://en.elmarkstore.eu/ may request additional confirmation of the order by e-mail or phone. If the confirmation is not done, the order will be canceled.
11.7. Trader is not responsible for mounting and installation of the products.
11.8. If on arrival of the goods it appears that they are damaged, the Customer shall, before accepting delivery of these goods, have the shipping agent draw up a damage report. Otherwise the Trader is not liable, and the products will be count as accepted from the Customer.
Trader has the rights to use subcontractors to provide the services offered on the website, without need to notify the Customer. Trader will be responsible for the services of the subcontractors as for services provided from him.
13. INTELLECTUAL AND INDUSTRIAL PROPERTY
13.1. The content, texts, logos, all images, pictures, symbols, headlines, measures and weights, and multimedia content provided and stated on the website are exclusive property of the http://en.elmarkstore.eu/
13.2. Customer has not rights to copy, distribute, publish, modify, making it available to third parties, sell, or transfer the content from http://en.elmarkstore.eu/ without agreement of the Trader.
13.3. Customer can use the content only for personal, noncommercial purposes which are not in contradiction with General Terms and Conditions.
14.1.Customer is responsible for protecting the confidentiality of his username, password and access to his account.
14.2. Customer is agree that Trader may use his personal information for marketing purposes, personal contact and legally purposes, without his permission.
14.3. Customer is agree that the information provided to the Trader may be used, reproduced, published, distributed, modified, and Trader has obligation to keep this information as confidential.
14.4. Customer may always request to improve or update his personal information, when it is incorrect, incomplete or irrelevant.
14.5. Customer has not right to disclose the information about the contract, without the explicit consent of the Trader.
All products in ELMARK TRADE LTD. website store have a legal guarantee under the current low and trade policy of the store. The products are brand new in an original package. The warranty of any products can be checked on the products webpage.
16. EXCHANGE POLICY
Customer of the webstore is entitled to claim according Exchange policy, published on the website.
17. TRANSFER OF OWNERSHIP
The ownership of the goods will be transferred after their delivering to the Customer, after the receipt of the payment. Delivery of the goods will be certified with the signature of the Customer.
18. COMMENTS AND REVIEWS
18.1. Comments and Reviews constitute the personal opinion based on first-hand experience. By posting a comment or review on the website, the Customer represent and warrant that he is 18 years of age or older and all content that he post is truthful and accurate.
18.2. Trader reserves the right not to publish comments and reviews.
18.3. Comment or review which is not related with the product will not be publish on the website.
18.4. Comment or review which contains false, inaccurate or obscene information will not be publish on the website.
18.5. Comment or review which contains any pricing information will not be publish on the website.
18.6. Comment or review which includes any references to other websites, URL addresses, e-mail addresses or phone numbers will not be publish on the website.
18.7. Comment or review which infringes any third parties copyright, trademark, advertisement will not be publish on the website.
18.8. By posting a comment or review, the Customer represent and warrant that he is author of the comment.
18.9. Trader reserves the right to change, edit or delete any comment and review published by the Customer on its website.
19.1. Trader shall not be liable for any negligence, consequential damage or damage suffered by the Customer or third parties, occurred as a result of force majeure or those that are beyond of the control of Trader.
19.2. If the Trader is liable, the liability shall be limited to the relevant invoice value of goods.
19.3. The Internet is not protected or error-free environment and the Trader has no liability for any loss or damage resulting from the use of the website. In case of technical failures that may lead to dislocation and posting of wrong information, the Trader will notify the Customer before sending the order.
This policy aims to inform you about the ways we, as administrator, handle your personal information, as well as about your right to control these activities.
Personal data is any information that relates to an identified or identifiable living individual (such as: email address, name and surname, address, age, date of birth, phone number etc.).
THE TYPE OF PERSONAL INFORMATION WE COLLECT
We only collect information you provide to us: name, address, email address, phone number
or company information so that we are able to perform our business activities.
Ways to collect your personal data that have become part of our data base:
- Data from exhibitions;
- Data from visit cards;
- Data from visits;
- Data from recommendations;
- Registration for business partnership;
- Entering into contracts;
- Logging in for newsletters/promotional pamphlets;
- Registration of guarantees;
- Logging in to online shops;
- Purchase of goods;
- Filing complaints;
- Publicly available information; or
- Any other legal means.
USE AND STORAGE OF PERSONAL DATA
The main activities, objectives and reasons that are associated with the processing of personal data are:
- Fulfilment of orders and contracts;
- Providing advisory services to companies / chatting;
- Email marketing
- Multimedia messages;
- Communication by telephone;
- Mailing; or
- Business negotiations.
The personal data which we collect give us the chance to keep you informed about our latest products, promotions, news and upcoming events, changes in our terms and conditions and company policy, internal controls and analyses. In case you wish not to appear any more in our list of addresses, please feel free to contact us at any time in order to unsubscribe.
We have introduced administrative, technical, and physical means to protect your personal data from loss, theft and misuse, unauthorized access, disclosure, modification, or destruction. ELMARK employees are bound to observe the measures to protect your personal data appearing in our data base and the access to these data is limited to the need to perform their obligations.
In cases of transfer of your personal data to third party service providers, ELMARK has concluded agreements for data protection at all levels of protection in accordance with the respective standards.
Your personal data will be retained for the time period necessary for the fulfilment of the objectives, but not longer than the period provided for in the law. Storing time is determined depending on the type of data and the purposes for which they are required. After expiry of the defined period, the data will be erased.
ELMARK does not process data of minors under 18 years of age without the express consent of their parents or legal representatives.
ELMARK TRADE LTD. uses different types of cookies to provide you an access to essential services, enhance website functionality and to deliver to you online ads that are tailored to Your interests.
- Enable you to set up and identify an account
- Enhance your shopping experience
- Remember items you place into your shopping cart
- To deliver ads that are appropriate and based on your interests
- Remember items you have been looking at so that you can quickly and easily go back to an item you looked at previously
What are Cookies?
Cookies are small files which are stored on your internet browsing device (e.g. computer, tablet or phone). Cookies do not store your personal details, they can not harm your files or increase the risk of viruses on your device.
Types of cookies on our website
Strictly Necessary Cookies. These cookies are essential to our website. They enable you to navigate around the website and use the features that you have requested. Without these cookies, we can not provide the services that allow this website to operate.
Performance Cookies. These cookies collect information about how visitors use the website. They provide information about the areas visited, the time spent on the website and identify issues that our users may be experiencing. This helps us to improve the structure and content of the website.
Functionality Cookies. This type of cookies enhance your browsing and shopping experience. These cookies can remember your username and language preferences, next time to your visit on our website. Remembering your choices, helps us provide enhanced and more personal features.
Advertising Cookies. This type of cookies deliver to you personalized online advertisements, which are tailored to your interests and web activity. These cookies can also help us to measure the effectiveness of promotional and advertising campaigns.
Control and Delete Cookies
ELMARK is not charged with the protection of your personal data appearing in any social networks such as Facebook, YouTube, Twitter, and such other ones. Please read carefully the terms and conditions of these sites.
Following options are available for you at any time:
- To check the accuracy, completeness and up-to-dateness of your personal data:
- The right to require the respective modification, erasure, or blocking of your personal data; and
- The right to refuse the processing of your personal data for the purpose of receiving the electronic newsletters and other marketing communications etc.
CONTACT FOR QUESTIONS
In case you wish to exercise your rights or if you have any questions about our handling of your personal information or related issues, please contact us via any of the following ways:
- Call us on: +359 52 575 577
- E-mail to: email@example.com
- Send a letter to: ELMARK TRADE LTD
10 Perla Street, 9009 Varna,BULGARIA
POLICY VALIDITY AND UPDATING
21. FORCE MAJEURE CLAUSE
21.1. A party shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to force majeure. Force majeure is an unforeseen event beyond the control of the parties, which can not be avoided.
21.2. If the event continuous for 14 days, each party may cancel this agreement by serving notice on the other party, without due compensations for any damages.