General Terms and Conditions of Use
These General Terms and Conditions govern the interaction between MMotors International, hereinafter referred to as "Merchant", on one hand, and the Users of the website and services available on http://www.mmotors.shop, hereinafter referred to as “Users”.
MMotors International is a company registered under the Commercial Law of the Republic of Bulgaria with UIC 202788100 and address Sofia, 268 Botevgradsko Shosse Blvd., shop 4, email: firstname.lastname@example.org, telephone +359 894 345 035.
Please read the published General Terms and Conditions in full before using the information and commercial services offered on the Site (hereinafter referred to as the Services).
Confirmation of the General Terms is a necessary and mandatory condition for concluding the contract between the User and the Merchant.
By accepting the General Terms and Conditions, the User agrees to have his personal data processed on the basis of the contract concluded between him and the Merchant.
1. On the Website the Users have the opportunity to conclude contracts for purchase of the goods offered by the Merchant.
2. Users use the interface of the website to enter into contracts with the Merchant for the purchase of goods offered.
2.1. The contract for purchase of goods is considered concluded from the moment of confirmation of the order by the Merchant.
2.2. It is necessary for the User to provide information for the delivery and to choose a method of payment, after which to confirm the order through the interface of the website.
3. The Merchant has the right to refuse to enter into a contract with an incorrect User.
3.1. The Merchant has the right to treat a User as incorrect in cases where:
1. there is non-compliance by the User with the General Terms and Conditions;
2. an incorrect, arrogant or rude attitude towards the representatives of the Merchant has been found.
4. The prices of the offered goods are those indicated on the website of the Merchant at the time of placing the order.
5. The Merchant reserves the right to change at any time and without notice the prices of goods offered on the site. Such changes will not affect orders which are already placed.
6. The Merchant may provide discounts for the goods offered on the site, according to the Bulgarian legislation and rules determined by the Merchant. The rules applicable to such discounts are available at the place where the discount is displayed. Discounts can be provided in various forms (e.g. promotions, loyalty discounts provided individually, randomly or as a result of participation in a competition or customer survey).
6.1. Different types of discounts cannot be combined when ordering and purchasing the same product.
7. The user can pay the price of the ordered goods using one of the options listed on the website. Payment is possible on the Site by the following methods:
• Cash on Delivery
• Bank transfer
• By credit or debit card
• Through the PayPal payment system
• Through the Paysera payment system
8. When the User returns a product with the right to a refund of the amount paid for any reason, the price subject to refund is reduced by the value of the discount applied to the product and only the amount actually paid is refundable.
9. If the User chooses the option of delivery by courier and cash on delivery, he must pay the price of the ordered items together with the price of delivery to the courier upon receipt of the goods.
10. If the User chooses a payment method involving a third party payment service provider, the User may be bound by the terms and conditions and / or fees of such third party.
11. The Merchant shall not be liable if a payment method involving a third party payment service provider is not available or otherwise does not function for reasons that cannot be attributed to the Merchant.
Withdrawal and Replacement
12. The User has the right to withdraw from the contract for free without stating any reason within 14 days from the date of acceptance of the goods by the User or by a third party representing the User.
13. In order to exercise his right under this clause, the User must unambiguously notify the Merchant of his decision to withdraw from the contract, individualizing the goods he wishes to return, by providing all details of the order and delivery, including but not limited to only: content and value of the order, data of the person who made the order, data of the person who accepted the delivery, and date of delivery.
14. In order to exercise the right of withdrawal, the Merchant provides the consumer with the option to fill in and send electronically via the website the standard withdrawal form or other unambiguous application. In these cases, the Merchant immediately sends to the User an acknowledgment of receipt.
15. The User is obliged to return the goods at his own expense together with the invoice.
16. Upon return, the goods must be in their original packaging, without traces of use or damaged commercial appearance.
17. The merchant may delay the refund to receipt of the goods back.
18. In case the User fails to fulfill his obligation to return the goods without notifying the Merchant of the delay and without providing a valid reason for the same, it is considered that he has withdrawn his statement to exercise withdrawal from the contract.
Warranties and complaints
19. The User has the right to claim for any discrepancy of the goods, when after delivery, discrepancies with the contract of sale are found.
20. The Merchant is not responsible for the colour difference, which is due to the normal differences in the colour reproduction of different monitors.
21. The Merchant is obliged to replace or repair any defective product which falls under the warranty conditions, within a reasonable time period and free of charge for the User.
22. When the satisfaction of the claim is made by replacing the goods with another, corresponding to the agreed, the Merchant will keep the original warranty conditions for the User.
23. Upon filing a complaint, the User may claim a refund of the amount paid, replacement of the goods with another corresponding to the agreed, or for a discount on the price.
24. The claim shall be submitted in writing through the indicated email. The Merchant provides access to a complaint form on his website.
25. When filing a complaint, the User shall indicate the subject of the complaint, his preferred way of satisfying the complaint, respectively the claimed amount, address, telephone and email for contact.
26. When filing a complaint, the User must also attach the documents on which the claim is based, namely:
2. protocols, acts, photos or other documents, establishing the non-conformity of the goods with the agreed;
3. other documents establishing the claim on grounds and amount.
27. The Merchant shall maintain a register of the submitted claims. A document is sent to the User on the e-mail specified by him, in which the number of the claim and the type of goods are indicated.
28. When the Merchant satisfies the claim, issues an act drawn up in two copies, and obligatorily provides one copy to the User.
29. In case of non-compliance of the goods with the agreed and when the User is not satisfied with the resolution of the complaint, he has the right to choose between one of the following options:
1. cancellation of the contract and refund of the amount paid;
2. price reduction.
30. The User may not claim a refund of the amount paid or a reduction in the price of goods when the Merchant agrees to replace the goods with new one or to repair the goods within one month of the User's complaint.
31. The User may not claim for cancellation of the contract if the non-conformity of the goods with the agreed is insignificant.
32. The intellectual property rights over all materials and resources located on the Merchant's website (including the available databases) are subject to protection under the Copyright and Related Rights Act, belonging to the Merchant or to the respective indicated person, who has transferred the right of use to the Merchant, and may not be used in violation of applicable law.
33. In case of copying or reproducing information beyond the permissible, as well as in case of any other violation of the intellectual property rights over the resources of the Merchant, the Merchant has the right to claim compensation for the suffered direct and indirect damages in full.
Modification of the General Terms
34. The Merchant undertakes to notify the Users of any change in these general terms and conditions within 7 days of the occurrence of this circumstance at the email address specified by the User.
35. When the User does not agree with the changes in the General Terms, the User has the right to withdraw from the contract without stating a reason and without paying compensation or penalty. In order to exercise this right, the User must notify the Merchant within one month of receiving the notice under the previous article.
36. In case the User does not exercise his right to withdraw from the contract in the manner prescribed in these General Terms and conditions, the amendment shall be deemed accepted by the User without objections.
37. The provisions of the current legislation of the Republic of Bulgaria shall apply to all issues not settled by these General Terms and Conditions.
Information about the personal data controller:
MMotors International Ltd. is a company registered in the Commercial Register of the Registry Agency with UIC 202788100, with registered office and address of management: Sofia, Botevgradsko shoes 268, shop 4.
Tel: 359894345035, e-mail: email@example.com
Reasons and purposes for which we use your personal data
We process your personal data on the following grounds:
● The contract concluded between us and you in order to fulfill our obligations under it;
● Explicit consent from you - the purpose is indicated for each specific case;
● In case of an obligation under law.
In the following paragraphs you will find detailed information about the processing of your personal data depending on the basis on which we process it.
FOR PERFORMANCE OF A CONTRACT OR IN THE CONTEXT OF PRE-CONTRACTUAL RELATIONS
We process your personal data in order to fulfill the contractual and pre-contractual obligations and to enjoy the rights under the contracts concluded with you.
Purposes of processing:
● establishing your identity;
● management and execution of your request and execution of a concluded contract;
● preparation of a proposal for concluding a contract;
● preparing and sending an invoice for the services you use with us;
● to provide you with the necessary comprehensive service, as well as to collect the amounts due for the services used;
● keeping correspondence in connection with orders, processing requests, reporting problems, etc.
● notificating of everything related to the services you use with us;
● analysis of customer history;
● identify and / or prevent illegal actions or actions contrary to our terms of service.
Data we process on this basis:
Based on the contract concluded between us and you, we process information about the type and content of the contractual relationship, including:
● personal contact details - contact address, email, phone number;
● identification data - names;
● data on the orders placed;
● correspondence in connection with the overall service - e-mail, letters, information about your requests for troubleshooting, complaints, requests, complaints, feedback that we receive from you;
● credit or debit card information, bank account number or other banking and payment information in connection with the payments made;
Also other information, such as:
● customer number, code or other identifier created for identification;
● IP address when visiting our website;
● demographic data
● profile data in social networks
● information from your actions on the site.
The processing of the specified personal data is obligatory for us so that we can conclude the contract with you and fulfill it. Without providing us with the above data, we would not be able to fulfill our obligations under the contract.
We provide personal data to third parties
We provide your personal data to third parties, and our main goal is to offer you quality, fast and comprehensive service. We do not provide your personal data to third parties until we have made sure that all technical and organizational measures have been taken to protect this data and we strive to exercise strict control over the implementation of this purpose. In this case, we remain responsible for the confidentiality and security of your data.
We provide personal data to the following categories of recipients (personal data controllers):
● postal operators and courier companies;
● persons who on assignment maintain equipment, software and hardware used for personal data processing and necessary for the company's activity;
● persons performing consulting services in various fields.
When we delete data collected on this basis
We delete the data collected on this basis 2 years after the termination of the contractual relationship, regardless of whether due to the expiration of the contract, cancellation or other grounds.
FOR FULFILLMENT OF REGULATORY OBLIGATIONS
The law may provide an obligation for us to process your personal data. In these cases, we are obliged to perform the processing, such as:
● obligations under the Anti-Money Laundering Measures Act;
● fulfillment of obligations in connection with distance selling, off-site sales, provided for in the Consumer Protection Act;
● providing information to the Consumer Protection Commission or third parties provided for in the Consumer Protection Act;
● providing information to the Commission for Personal Data Protection in connection with obligations provided for in the legislation for personal data protection;
● obligations provided for in the Accounting Act and the Tax and Social Security Procedure Code and other related normative acts in connection with the keeping of lawful accounting;
● providing information to the court and third parties, in the framework of proceedings before a court, in accordance with the requirements of the applicable regulations;
● age verification for online shopping.
When we delete personal data collected on this basis
The data collected in accordance with an obligation provided by law is deleted after the obligation for collection and storage is fulfilled or waived. For example:
● under the Accounting Act for storage and processing of accounting data - 11 years;
● obligations to provide information to the court, competent state authorities, etc. grounds provided by the law - 5 years.
Providing data to third parties
When there is an obligation for us by law, it is possible to provide your personal data to the competent state authority, natural or legal person.
EXPLICIT CONSENT FROM YOU
We process your personal data on this basis only after your explicit, unambiguous and voluntary consent. We will not foresee any adverse consequences for you if you refuse processing of your personal data.
Consent is a separate basis for the processing of your personal data and the purpose of the processing is stated in it, and is not covered by the purposes listed in this policy. If you give us the relevant consent and until its withdrawal or termination of contractual relationship with you, we prepare appropriate proposals for products / services, performing detailed analyzes of your basic personal data;
Data we process on this basis:
On this basis, we only process data for which you have given us your express consent. The specific data are determined for each individual case. This information is usually an email address, names and phone number.
Providing data to third parties
On this basis, we may provide your data to marketing agencies, Facebook, Google or the like.
Withdrawal of consent
Concessions granted may be withdrawn at any time. Withdrawal of consent does not affect the performance of contractual obligations. If you withdraw your consent to the processing of personal data in any or all of the ways described above, we will not use your personal data and information for the purposes set out above. Withdrawal of consent shall not affect the lawfulness of the processing based on a consent prior to its withdrawal.
In order to withdraw your consent, you only need to use our website or just our contact details.
When we delete data collected on this basis
We delete the data collected on this basis at your request or 12 months after their initial collection.
PROCESSING OF ANONYMIZED DATA
We process your data for static purposes, ie for analyzes in which the results are only summary and therefore the data is anonymous. It is not possible to identify a specific person from this information.
Your data can also be anonymized. Anonymization is an alternative to deleting data. Upon anonymization, all personally identifiable items / items that allow your identification are
permanently deleted. There is no legal obligation for anonymized data to be deleted, as they do not constitute personal data.
Why and how we use automated algorithms
For the processing of your personal data we use partially automated algorithms and methods in order to constantly improve our products and services to adapt our products and services to your needs in the best possible way. This process is called profiling.
How we protect your personal data
To ensure adequate protection of the customers and company’s data, we apply all necessary organizational and technical measures provided for in the Personal Data Protection Act.
The company has established rules to prevent abuse and security breaches, which supports the processes of protection and security of your data.
In order to ensure maximum security in the processing, transmission and storage of your data, we may use additional protection mechanisms such as encryption, pseudonymization, etc.
Personal data we have received from third parties
We do not receive data from third parties.
Each User of the site enjoys all rights to personal data protection under the Bulgarian and European Union law.
The User can exercise his rights through the contact form or by sending a message to our email.
Each User has the right to:
● Awareness (in connection with the processing of his personal data by the administrator);
● Access to your own personal data;
● Correction (if the data is inaccurate);
● Deletion of personal data (right to be "forgotten");
● Restricting the processing;
● Portability of personal data between individual administrators;
● Objection to the processing of his personal data;
● Right to judicial or administrative protection in case the data subject's rights have been violated.
The user may request deletion if one of the following conditions is true:
● Personal data is no longer needed for the purposes for which it was collected or otherwise processed;
● The user withdraws his consent on which the data processing is based and there is no other legal basis for the processing;
● The user objects to the processing and there are no legal grounds for the processing to take precedence;
● Personal data has been processed illegally;
● Personal data must be deleted in order to comply with a legal obligation under Union law or the law of a Member State that applies to the controller;
● Personal data has been collected in connection with the provision of information society services to children, and the consent has been given by the parent responsible for the child.
The user has the right to restrict the processing of his personal data by the administrator when:
● Challenge the accuracy of personal data. In this case, the restriction of processing is for a period that allows the controller to verify the accuracy of personal data;
● The processing is illegal, but the User does not want the personal data to be deleted, but instead requires restricting their use;
● The administrator no longer needs the personal data for the purposes of processing, but the User requires them for the establishment, exercise or protection of legal claims;
● Objects to the processing pending verification of whether the legal grounds of the administrator take precedence over the interests of the User.
Right of portability
The data subject has the right to receive the personal data concerning him and which he has provided to the controller, in a structured, widely used and machine-readable format and has the right to transfer this data to another controller without hindrance by the controller to whom the personal data was provided, when the processing is based on consent or a contractual obligation and the processing is carried out in an automated manner. When exercising its right to data portability, the data subject shall also be entitled to receive a direct transfer of personal data from one controller to another where this is technically feasible.
Right to object
Users have the right to object to the controller against the processing of their personal data. The controller of personal data shall be obliged to terminate the processing, unless he proves that there are convincing legal grounds for the processing, which take precedence over the interests, rights and freedoms of the data subject, or for the establishment, exercise or protection of legal claims. In the event of an objection to the processing of personal data for the purposes of direct marketing, the processing should be stopped immediately.
Complaint to the supervisory authority
Each User has the right to file a complaint against illegal processing of his personal data to the Commission for Personal Data Protection or to the competent court.
Maintaining a register
We maintain a register of the processing activities for which we are responsible. This register contains all the information below:
● The name and contact details of the administrator;
● The purposes of processing;
● Description of the categories of data subjects and of the categories of personal data;
● The categories of recipients to whom the personal data are or will be disclosed,
● Including recipients in third countries or international organizations;
● Where possible, the deadlines for deleting the different categories of data;
● Where possible, a general description of the technical and organizational security measures.
Registration and identification
The Merchant identifies the Users of the Site by storing log files on the server of the Site.
The Merchant has the right to collect and use information about the Users on the basis and for the purposes of the implementation of the contract concluded under General Terms with the User. The information by which the person can be identified may include personal data specified in the General Terms, as well as any other information that the person provides voluntarily upon registration. The information includes any other that the User enters or provides for the used services.
Only persons over 18 years of age can register on the site.
The Merchant takes due care and is responsible for protecting the information about the User, which became known to him on the occasion of registration, except in cases of force majeure, accidental event or malicious actions of third parties.
In the registration form, filled in by the User during the registration, the Merchant indicates the obligatory or voluntary nature of providing the data and the consequences of refusing to provide them.
The Merchant may disclose personal data to third parties only in the cases or circumstances provided by law or with the express consent of the User.
The User can register by filling in the relevant electronic registration form, available in real time (on-line) on the Merchant's website, expressing consent to the General Terms.
By pressing the virtual button with the text "Registration" or other similar text, having the force of written confirmation of the General Terms, the User makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that he is familiar with the General Terms, accepts them and undertakes to observe them. The Merchant may store in log files on its server the IP address of the User, as well as any other information necessary for its identification and reproduction of its electronic statement of acceptance of the General Terms and Conditions in case of a legal dispute. The text of the General Terms and Conditions is available on the Internet on the Merchant's website in a way that allows its storage and reproduction.
When filling in the registration, the User is obliged to provide complete and correct data on the identity (for individuals), and legal status (for legal entities) and other data required by the electronic form of the Merchant, as well as to update them in 7 (seven) days from their change. The User declares that he agrees to provide the required personal data, thus ensuring that it is correct, complete and accurate. In case of providing incorrect data, the Merchant has the right to terminate or suspend
immediately and without notice the provision of services, as well as maintaining the registration of the User.
Upon registration, the User chooses a unique username and a password to access the services available through the website.
The User can manage his profile on the website.
The username with which the User registers does not give him any rights other than those explicitly stated in these terms.
The registrar in his capacity as a representative of a legal entity is obliged to enter his full name and address, respectively the name of the legal entity he represents.
The User is obliged to take all measures and care that are reasonably necessary in order to protect his password, as well as not to disclose his password to third parties and to notify the Merchant immediately in case of unauthorized access, and in case of probability and suspicion of such. The User bears the responsibility and risk for the protection of his password, as well as for all actions performed by him or by a third party using his password.
Terms of delivery of goods
The delivery of the ordered goods is carried out by the following methods:
• by own transport
• through a courier service from a third party
Delivery costs are at the expense of the User.
Before sending the ordered goods, the Merchant has the right to contact the User on the phone number specified by him, in order to clarify the details of the order and / or delivery.
The Merchant is not responsible for non-fulfillment of an order in cases where the User has provided incorrect, incomplete and / or inaccurate personal data, including when he has provided an incomplete, inaccurate or fictitious address or telephone number.
Delivery is made within the timeframes described under each delivery option in the order interface module. In exceptional circumstances, the Merchant reserves the right to extend the delivery period by promptly informing the User.
The ordered goods are delivered against a signature, as larger shipments using a courier service are delivered to the entrance of the building.
The consumer is obliged to inspect the goods at the time of delivery and to notify immediately of any discrepancies, shortages and damages. If the User does not do so, it is assumed that the delivery is accepted without objection.
All import fees for importing the goods are at the expense of the User. The User cannot claim a refund if he has refused to pay import duties or receive the shipment.
The Merchant reserves the right to change the available methods of delivery and payment and / or the conditions under them at any time by publishing the available methods of delivery and payment on the website without further notice.
The bodies regulating the activity of the Merchant are the Commission for Consumer Protection / CPC / and the Commission for Personal Data Protection (CPDP), with the following coordinates:
About CPC: • website: https://kzp.bg/kontakti
• tel: 0700 111 22 • email: firstname.lastname@example.org
• address: Sofia, Slaveykov Square, А4A, fl. 3, 4 and 6
About CPDP: • website: https://www.cpdp.bg/
• tel: 02 / 91-53-518 • email: email@example.com
• address: Sofia 1592, bul. „Prof. Tsvetan Lazarov ”№ 2
Consumers can use the European Online Dispute Resolution Platform (ODR), available at / http://ec.europa.eu/odr - a single access portal that allows EU consumers and traders to settle disputes between them.
The consolidated list of recognized ADR bodies of the Member States of the European Union can be found at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show