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Terms & Conditions

GENERAL TERMS

GENERAL TRADE TERMS OF FLAG FACTORY EOOD online store

I. SUBJECT

Art. 1. These general conditions are intended to regulate the relations between "FLAG FACTORY" EOOD, city of Ruse, 99 Borisova St., EIK 206056488, represented jointly and severally by the managers Plamen Valeriev Spiridonov, hereinafter referred to as MERCHANT and The visitors and Users of the electronic store, located at the domain shop.flagfactory.bg, hereinafter collectively referred to as CLIENT, of the e-commerce platform of "FLAG FACTORY" EOOD, hereinafter referred to as "FLAG FACTORY ELECTRONIC STORE".

II. MERCHANT DATA

Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:

1. Name of the Supplier: "FLAG FACTORY" EOOD

2. Headquarters and management address: Bulgaria, Ruse, 99 Borisova St.

3. Address for carrying on the business and for sending complaints by CUSTOMERS in the Republic of Bulgaria: Bulgaria, Ruse, 14 Rusofili St.

4. Correspondence details: registered office — Bulgaria, Ruse, 99 Borisova St.; production and customer address — Bulgaria, Ruse, 14 Rusofili St.; phone +359 88 665 22 65; email shop@flagfactory.bg

5. Entry in public registers: Commercial Register at the Registration Agency - EIK 206056488

6. Registration under the Value Added Tax Act No. BG206056488

7. Supervisory authorities:

Consumer Protection Commission

Address:

1000 Sofia, "Slaveikov" square #4A, floor 3, 4 and 6,

phone: 02/933 0565

hotline: 0700 111 22

Website: www.kzp.bg

Commission for the Protection of Personal Data

Address:

Sofia 1592, Prof. Blvd. Tsvetan Lazarov" No. 2

phone: 02/91-53-518

Website: https://www.cpdp.bg/

III. FEATURES OF THE PLATFORM

Art. 3. FLAG FACTORY ELECTRONIC STORE is an e-commerce platform, available at the Internet address shop.flagfactory.bg, through which the CLIENT has the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the MERCHANT on the platform, namely: flags, flags and their related accessories – bases, masts, bases, grommets and others, including the following:

1. To register and create a profile to view the MERCHANT's electronic store and use the additional services for providing information;

2. To review the goods, their characteristics, prices and terms of delivery;

3. To enter into contracts with the MERCHANT for the sale and delivery of the goods from a distance, offered by the FLAG FACTORY ELECTRONIC STORE platform;

4. To make payments in connection with the concluded contracts through the FLAG FACTORY ELECTRONIC STORE platform according to the payment methods supported by the MERCHANT.

5. To receive information about new goods and offers offered by the MERCHANT on the FLAG FACTORY ELECTRONIC STORE platform;

6. To make electronic statements in connection with the conclusion or execution of contracts with the MERCHANT on the FLAG FAKTOR ELECTRONIC STORE platform through the interface of the FLAG FAKTOR ELECTRONIC STORE page, available on the Internet;

7. To be notified of the rights arising from the law, primarily through the interface of the FLAG FACTORY ELECTRONIC STORE platform on the Internet;

8. To exercise your right of withdrawal, where applicable, under the Consumer Protection Act.

Art. 4. The MERCHANT in the FLAG FACTORY ELECTRONIC STORE platform organizes the delivery of the goods and guarantees the CLIENT's rights provided for by law, within the framework of good faith, criteria and conditions adopted in practice, consumer or commercial law.

Art. 5. (1) The CLIENT concludes with the MERCHANT in the FLAG FACTORY ELECTRONIC STORE platform a contract for the purchase and sale of the goods, at the address shop.flagfactory.bg. The distance sales contract between the MERCHANT and the CUSTOMER is considered concluded from the moment of confirmation of the specific order by the MERCHANT. By accepting the present General Terms and Conditions, the CLIENT expressly and unconditionally agrees that the confirmation of a distance contract concluded with the MERCHANT shall be carried out at the e-mail address provided by him. The contract is concluded in Bulgarian and stored in the database of the MERCHANT in the platform.

(2) By virtue of the contract concluded with the CLIENT for the purchase and sale of goods in the FLAG FACTORY ELECTRONIC STORE platform, the MERCHANT undertakes to organize the delivery and transfer of ownership to the CLIENT of the goods specified by him through the platform interface. The CLIENT has the right to correct errors in the entry of information no later than sending the contract conclusion statement to the MERCHANT on the FLAG FACTORY ELECTRONIC STORE platform.

(3) The CLIENT shall pay the MERCHANT remuneration for the delivered goods according to the conditions set out in the FLAG FACTORY ELECTRONIC STORE platform and these general terms and conditions. The remuneration is equal to the price announced on the FLAG FACTORY ELECTRONIC STORE platform.

(4) The MERCHANT delivers the goods requested by the CUSTOMER within the terms and under the conditions set by the MERCHANT on the FLAG FACTORY ELECTRONIC STORE page and in accordance with these general terms and conditions. The price for delivery isdetermined separately and explicitly from the price of the goods, according to the tariffs of the courier companies used.

Art. 6. (1) The CLIENT and the MERCHANT in the FLAG FACTORY ELECTRONIC STORE platform agree that all statements between them in connection with the conclusion and execution of the sales contract can be made electronically and through electronic statements within the meaning of the Law on the electronic document and electronic authentication services and the Electronic Commerce Act.

(2) It is assumed that the electronic statements made by the CLIENTS on the site were made by the persons indicated in the data provided by the User during registration, if the User entered the corresponding name and password for access or placed an order as a "guest" in the website.

Art. 7. (1) In order to use the FLAG FACTORY ELECTRONIC STORE to conclude contracts for the purchase and sale of goods, the CUSTOMER should enter a name and password chosen by him for remote access, with which he is deemed to have accepted these general terms and conditions. The CLIENT has the opportunity to place orders from the FLAG FACTORY ELECTRONIC STORE also as a "guest", without registration.

(2) The name and password for remote access are determined by the CUSTOMER, by performing an online registration on the MERCHANT's website in the FLAG FACTORY ELECTRONIC STORE platform.

(3) By filling in his data in the user basket and marking in the field "I am familiar with the general terms and conditions", before pressing the "Order" button, the CLIENT declares that he is familiar with these general terms and conditions, agrees with their content and undertakes unconditionally abide by them. This applies both to registered CUSTOMERS on the MERCHANT's website and to CUSTOMERS on the website who place an order without registration, namely as a "guest".

(4) The MERCHANT confirms the order made by the CUSTOMER by e-mail. From this moment, a contractual relationship arises between the CUSTOMER and the MERCHANT.

(5) When the CLIENT places an order as a guest, the MERCHANT confirms the order placed by the CLIENT to the e-mail indicated by the latter and contractual relations arise between him and the MERCHANT.

(6) In the event that a profile in web social networks or other networks is used for the registration of the CLIENT, the party to the contract is the person who is the owner of the profile used for the registration in the relevant social or other network.

(7) The contract between the MERCHANT and the CUSTOMER represents the present general conditions, available at shop.flagfactory.bg.

(8) The MERCHANT delivers the goods to the address specified by the CUSTOMER and is not responsible in the event that the data specified by the CUSTOMER is incorrect or misleading.


IV. RIGHTS AND OBLIGATIONS OF THE PARTIES


Art. 8. RIGHTS AND OBLIGATIONS OF THE CLIENT.

(1) The CLIENT has the opportunity to view and order the advertised goods and services on the MERCHANT's website in the FLAG FACTORY ELECTRONIC STORE platform.

(2) The CUSTOMER has the right to request information about the status of his order.

(3) The CLIENT is obliged to provide an opportunity to receive the goods/service and to receive the goods/service requested on the FLAG FACTORY ELECTRONIC STORE platform.

(4) The CUSTOMER is obliged to pay the price of his order according to the announced method on the MERCHANT's website in the FLAG FACTORY ELECTRONIC STORE platform.

(5) When registering and ordering, the CLIENT undertakes to provide correct and up-to-date data. The CLIENT undertakes to promptly update the data indicated in his registration or order in the event of a change.


Art. 9. RIGHTS AND OBLIGATIONS OF THE MERCHANT

(1) The MERCHANT undertakes to transfer to the CUSTOMER the ownership of the goods requested by him and to deliver them within the period mentioned in the FLAG FACTORY ELECTRONIC STORE platform.

(2) The MERCHANT has the right to collect and use information relating to the CUSTOMER. The information serves the MERCHANT to fulfill his obligation arising from Art. 5 of the present GENERAL CONDITIONS.

(3) The MERCHANT is not responsible for failure to fulfill its obligations under this contract in the event of circumstances that it did not foresee and was not obliged to foresee - random events, force majeure, problems in the global Internet network and in the provision of services outside his control.


V. ORDER. ORDER FULFILLMENT AND DELIVERY

Art. 10. The CLIENT uses the interface of the MERCHANT's page on the FLAG FACTORY ELECTRONIC STORE platform to enter into contracts for the purchase and sale (place an order) of the goods offered by the MERCHANT on the FLAG FACTORY ELECTRONIC STORE platform.

Art. 11. The CLIENT concludes the contract for the purchase and sale of the goods on the FLAG FACTORY ELECTRONIC STORE platform according to the following procedure:

1. Login to the system for placing orders in the FLAG FACTORY ELECTRONIC STORE platform.

2. Selecting one or more of the goods offered by the MERCHANT in the FLAG FACTORY ELECTRONIC STORE platform and adding them to a list of goods for purchase.

3. A tool/software for creating a design has been implemented in the FLAG FAKTORI ELECTRONIC STORE, through which the CUSTOMER can create a design of the product(s) selected by him/heraccording to his individual requirements and preferences.

4. Provision of the necessary data for individualization of the CLIENT as a party to the contract.

5. Provision of data for making the delivery;

6. Choice of method and moment of payment of the price.

7. Tick in the field "I am familiar with the general conditions" and press the "Order" button;

8. Confirmation of the order by the MERCHANT

Art. 12.

(1) Products in stock are usually delivered within 2–3 working days. Products made to order are usually delivered within 5–7 working days, depending on current workload.

(2) Delivery of confirmed orders is carried out by Econt or Speedy.

(3) Delivery is made only in the geographical territory of the Republic of Bulgaria. Delivery is not carried out to objects outside this territory, which according to the norms of international law are considered the territory of the state - embassies, planes and ships under the Bulgarian flag. flag etc.

(4) Upon delivery of the goods, the CLIENT signs a handover protocol, receipt or other document provided by the courier. The relevant document can be signed for the CLIENT by any individual who is at the address and agrees to accept the delivered goods on behalf of the CLIENT.

(5) The MERCHANT is not responsible for delivery delays caused by the actions of a courier or courier company.

(6) In case of impossibility of delivery of the order due to the CLIENT's fault, he owes the MERCHANT the amount for the incurred transport costs.

(7) The CUSTOMER must inspect the goods at the time of their delivery and handover and, if they do not meet the requirements, notify the MERCHANT immediately.

(8) The risk of accidental loss of or damage to the goods passes to the CUSTOMER when the CUSTOMER or a third party indicated by the CUSTOMER, other than the courier, takes physical possession of the goods. If the CUSTOMER independently chooses a carrier that was not offered by the MERCHANT, the risk passes upon delivery of the goods to that carrier.

(9) Free delivery applies to orders over €100 including 20% VAT, with a total weight of up to 10 kg, and only to an Econt office. Delivery to an address and delivery with Speedy are not free under this offer. For all other deliveries, the price is calculated according to the courier’s tariff, shipment weight and volume.

VI. PRICE. PAYING THE PRICE

Art. 13.

(1) All prices announced by the MERCHANT in the FLAG FACTORY ELECTRONIC STORE platform are in euro (EUR) and include 20% VAT.

(2) The CUSTOMER can pay the price in the following ways:

1. In cash - cash on delivery to the courier from the courier company.

2. By bank transfer - to the MERCHANT's account

3. With a credit/debit card - through a virtual DSK terminal.

  • Types of cards accepted: debit, credit and business cards Visa and Mastercard
  • Transactions are carried out using the MasterCard Identity check and VISA Secure security programs.
  • From a security point of view, the maximum amount for payment by card is €2000.
  • We do not store data on bank cards used for payment through the site.
  • If it is necessary to return an amount paid by bank card, the amount is refunded to the card with which the payment was made.

VII. RETURN OF GOODS. CONSUMER PROTECTION

Art. 14. The rules of this section of these general conditions apply to users who, according to the data provided for concluding the sales contract, are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and Directive 2011/83/EU on consumer rights.

Art. 15 (1) The main characteristics of the goods offered by the MERCHANT are defined in the profile of each good on the FLAG FACTORY ELECTRONIC STORE website.

(2) The price of the goods, including all taxes, is determined by the MERCHANT in the profile of each product on the FLAG FACTORY ELECTRONIC STORE website.

(3) The value of the postal and transport costs, not included in the price of the goods, is determined by the courier company and is provided as information by the MERCHANT to the CUSTOMER at one of the following times before concluding the contract: in the profile of each of the goods on the website of MERCHANT or when selecting the goods for concluding the sales contract.

(4) The method of payment, delivery and execution of the contract are defined in these general terms and conditions, as well as the information provided to the CUSTOMER on the MERCHANT's website.

(5) The MERCHANT indicates before concluding the contract the total value of the order for all the goods contained therein.

(6) The CLIENT chooses independently whether to pay the MERCHANT the price of the delivery and the goods before, by bank transfer or at the time of their delivery by cash on delivery /cash on delivery/.

Art. 16.

(1) The CLIENT, if a natural person (a “consumer” under the Consumer Protection Act), has the right to withdraw from the contract concluded with the MERCHANT, without giving a reason, within 14 days. The withdrawal period starts on the date on which the CLIENT or a third party indicated by the CLIENT, other than the courier, takes physical possession of the goods.

(2) To exercise the right of withdrawal, the CUSTOMER must send the MERCHANT an unequivocal statement or the standard withdrawal form to shop@flagfactory.bg. Registration or a customer account is not required. For questions about returns, claims and refunds, call +359 88 665 22 65 on working days, Monday to Friday, from 9:00 to 18:00.

(3) The CUSTOMER must return the goods without undue delay and no later than 14 days after notifying the MERCHANT of the withdrawal. The absence of original packaging or an original invoice does not by itself remove the statutory right of withdrawal. The CUSTOMER may provide other sufficient proof of purchase and is responsible only for diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

(4) The MERCHANT shall refund the amount received from the CLIENT no later than 14 days from the date on which the CLIENT informed the MERCHANT of his decision to withdraw from the contract. The MERCHANT refunds the amount only to the client's bank or card account. If the deadline for returning the goods is not met by the CUSTOMER, the MERCHANT will withhold the refund of the amount paid until he receives the goods back from the CUSTOMER.

(5) The return of the goods to the MERCHANT's warehouse is at the expense of the CUSTOMER. In the event of a refund of amounts paid by card, this will only be done through a credit transaction to the card with which the payment was made.

Art. 17. The right of refusal under Art. 16 does not apply in the following cases:

- for the delivery of goods and the provision of services, the price of which depends on the fluctuations of the financial markets, which the MERCHANT is unable to control;

- for the delivery of goods made according to the user's requirements or according to his individual order;

- for the delivery of an item created by the CUSTOMER using the design tool/software in the FLAG FACTORY ELECTRONIC STORE. This change-of-mind exception does not limit the CUSTOMER’s right to make a claim for a defect, incorrect manufacture or lack of conformity;

- for the delivery of goods which, due to their nature, are consumable or cannot be returned or are subject to rapid spoilage, or there is a risk of deterioration of their quality characteristics, including perfumery and cosmetic products;

- for the delivery of audio and video recordings or software products printed by the user;

- for delivery of newspapers, magazines and other periodicals.

The CUSTOMER has a two-year statutory guarantee of conformity for goods. In the event of a defect, incorrect manufacture or lack of conformity, the CUSTOMER may request repair or replacement and, where the statutory conditions are met, a proportionate reduction in price or termination of the contract and a refund. These rights are not limited by any commercial guarantee or by the exception for individually made goods.

IX CONFIDENTIALITY

Art. 18.

(1) The MERCHANT in the FLAG FACTORY ELECTRONIC STORE platform takes measures to protect the CLIENT's personal data in accordance with the Personal Data Protection Act.

(2) For reasons of security of the customers' personal data, the MERCHANT in the FLAG FACTORY ELECTRONIC STORE platform will send the data only to the e-mail address that was specified by the customers at the time of registration/order.

(3) The MERCHANT in the FLAG FACTORY ELECTRONIC STORE platform requires the CLIENT to enter only and only data that serves to fulfill the contract and issue the accompanying payment and information documents.

(4) The MERCHANT declares that he does not have access to the card and authentication data of the CUSTOMER; only the servicing bank has such access.

(5) The MERCHANT processes the CUSTOMER's personal data in accordance with the platform's Privacy Policy. Newsletters or commercial messages are sent only after the CUSTOMER's separate, freely given consent, which can be withdrawn at any time as described in the Privacy Policy.

(6) Processing of data about the CUSTOMER's behavior when using the online store (including via cookies and similar technologies) is carried out in accordance with the CUSTOMER's choices made via the cookie banner on the site, and is described in detail in the Cookie Policy and the Privacy Policy.

Art. 19. (1) At any moment, the MERCHANT in the FLAG FACTORY ELECTRONIC STORE platform has the right to require the customer to identify himself and to certify the authenticity of each of the circumstances and personal data announced during registration.

(2) The CLIENT bears full responsibility for the protection of usernames and passwords, as well as for the actions of third parties with the same.

Art. 20. The CLIENT undertakes to keep his personal information up-to-date and to promptly make changes regarding a change of address, telephone number, e-mail. The MERCHANT is not responsible for undelivered orders due to out-of-date information and their resending is borne by the customer.

X. OTHER TERMS

Art. 21.

(1) The MERCHANT and the CUSTOMER in the FLAG FACTORY ELECTRONIC STORE platform undertake to protect each other's rights and legal interests, as well as to protect their trade secrets, which became their knowledge in the process of executing the contract and these general terms and conditions.

(2) The MERCHANT and the CUSTOMER undertake during and after the expiration of the contract period not to make public any written or oral correspondence between them. Publication of correspondence in print and electronic media, Internet forums, private or public websites, etc. may be considered public domain.

Art. 22. In the event of a conflict between these general terms and conditions and provisions in a special contract between the MERCHANT on the FLAG FACTORY ELECTRONIC STORE platform and the CUSTOMER, the clauses of the special contract shall prevail.

Art. 23. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.

Art. 24. The contract between the MERCHANT and the CUSTOMER is terminated in the following cases:

- upon termination and declaration of liquidation or declaration of bankruptcy ofone of the parties to the contract;

- by mutual agreement of the parties in writing;

-unilaterally, with notice from each of the parties in case of non-fulfilment of the obligations of the other party;

-automatically, in case of objective inability of one of the parties to the contract to fulfill its obligations;

- - in other cases provided by law or in these terms and conditions.

Art. 25. The laws of the Republic of Bulgaria shall apply to matters not settled in this contract, related to the implementation and interpretation of this contract.

Art. 26. These general terms and conditions enter into force for all CUSTOMERS on 01.01.2022

Art. 27. These General Terms and Conditions can be updated at any time, and their publication on the FLAG FACTORY ELECTRONIC STORE platform is considered as notification to users of the changes.