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GENERAL TERMS AND CONDITIONS OF USE OF ONLINE SHOP http://moni.bg/ AND FOR COMPLETING PURCHASES VIA THE SHOP


 
I. OBJECT AND LEGAL MEANING
Art. 1 (1) These General Terms and Conditions are agreed upon by MONI TRADE LTD (hereinafter referred to as “Vendor”) on the grounds of art. 16 of the Obligations and Contracts Act and art. 298 of the Commercial Act and shall govern:
• terms of use of the website http://moni.bg/ (hereinafter referred to as “Website”) by the Users of the services offered by it;
• conditions, term and manner of conclusion of contracts for purchase and sale between the Vendor and the Users of the Website;
• rights and obligations of the Vendor and the respective Users under the contracts for purchase and sale concluded between them, including, the terms and manners of delivery of the ordered items, their payment and reception, terms and conditions for bringing claims and returning of products purchased.
(2) Acceptance of these General Terms and  Conditions by the Users of the Website shall be a mandatory condition for the conclusion of a contract for purchase and sale between the Vendor and the respective User and for performance of the delivery of the ordered item.
(3) The Vendor shall have the right, but shall not be obliged to create legal relations and perform deliveries to Users, which have not agreed with these General Terms and Conditions.
(4) The acceptance of these General Terms and Conditions by the Users shall be performed through marking of the checkbox next to the Declaration that I accept the General Terms and Conditions of the website. “ I accept them” within the registration procedure or submission of an order by a User with a “guest” status  in the Website and after the User has entered the personal data required for this procedure.
(5) The General Terms and Conditions are published at a prominent position on the Website and are accessible to all users. 
(6) The publishing of items on the Website shall be considered a public invitation to submit the corresponding proposal to the Vendor for conclusion of contract for sale and purchase under art. 290, para. 1 of the Commercial Act.
(7) The marking of the checkbox next to the Declaration that I accept the General Terms and Conditions of the website. “ I accept them” within the registration procedure or submission of an order by a User with a “guest” status  in the Website shall create an irrefutable presumption that: 
  1. The User has read the General Terms and Conditions, before accepting them and they accept them. The marking of the checkbox next to the Declaration that I accept the General Terms and Conditions of the website. “ I accept them” the User makes an electronic statement under the Electronic Signature and Document Act, with which they declare that they have read these General Terms and Conditions and accept them.
  2. The User has made a proposal (offer) for conclusion of contract/contracts for purchase and sale from a distance (In case the User is in their capacity as “consumer”  under the  Consumer Protection Act)

ІІ. DETAILS ABOUT MONI TRADE LTD
Art. 2. Information under the Electronic Commerce Act and Consumer Protection Act: 
1. Name of the Vendor: MONI TRADE LTD: 
2. Registered seat and management address: Bulgaria, Region of Sofia-city, Municipality of Nadezhda, Iliantsi quarter, 1 Skladova baza Str.
3. Address for exercise of business and address for bringing claims by consumers: Bulgaria, Region of Sofia-city, Municipality of Nadezhda, Iliantsi quarter, 1 Skladova baza Str.
4. Address for correspondence: Bulgaria, Region of Sofia-city, Municipality of Nadezhda, Iliantsi quarter, 1 Skladova baza Str., еmail: office@moni. bg, tel. +359 2 936 07 90. Entered in the public registers: UIC 131452175 (Commercial Register at the Registry Agency), Financially liable person: Adel Kisserwan.
5. Supervisory bodies:
A. Commission for Personal Data Protection
Address: city of Sofia, 15 Ivan Evstatiev Geshov Str., 
tel.: (02) 91-53-518 
Email: kzld@cpdp.bg
Website: http://www.cpdp.bg
B. Commission for consumer protection
Address: 1000 city of Sofia, 4А Slaveykov Str., fl.3, 4 and 6, 
tel.: 02 / 980 25 24 
fax: 02 / 988 42 18 
hot line: 0700 111 22 
Website: http://www.kzp.bg
C. Commission for the Protection of Competition
Bulgaria 
Sofia 1000, 18 Vitosha Blvd.
Telephone: (02) 935 61 13
Fax: (02) 980 73 15 
Website: www.cpc.bg
6. Registration under the Value Added Tax Act No. BG 131452175.

III. CHARACTERISTICS OF THE WEBSITE
Art. 3. The website is an online shop, accessible at internet address http://moni.bg/, through which the Users have the option to conclude contracts for purchase and sale and delivery of the  items offered on the Website, including the following:
1. To register and create a profile for browsing of the Website and use of the additional services for  provision of information;
2. To submit orders for purchase as “guests” of the Website, without creating a client profile of the User in advance;
3. To browse the items, their characteristics, prices and conditions for delivery;
4. To conclude contracts for purchase and sale and delivery of the items offered by the Website;
5. To receive information about new items offered by the Website;
6. To make electronic statements in relation to the conclusion or execution of contracts with the Website through the interface of the page of the Website accessible on the Internet;
7. To be informed about the rights, arising from the law, mainly through the interface of the page of the Website on the Internet.
Art. 4. The Vendor shall deliver the items and guarantee the rights of the Users, stipulated by law, in good faith, the criteria and conditions accepted in practice, consumer or commercial law.
Art. 5. (1) The Users shall make an offer for the conclusion of contract for purchase and sale of the items, offered by the Website through the interface of the Vendor accessible at their page on the Internet at address http://moni.bg/. After the acceptance of the offer by the Vendor under art. 9, para. 8 and art. 10, para. 1 of these General Terms and Conditions the Contract shall be deemed concluded (in Bulgarian language) and shall be stored in the database of the Vendor.
(2) Under the contact for purchase and sale of the item concluded with the Users, the Vendor shall be obliged to deliver and transfer the ownership to the User of the items determined by them through the interface. 
(3) The Users shall have the right to correct mistakes in the information entered, but no later than the submission of their proposal for conclusion of the contract with the Vendor  (The submission of the order under art. 9, para. 7 of these General Terms and Conditions). The Vendor shall provide appropriate, effective and accessible means for identification and correction of mistakes in information entry, before making a statement for conclusion of the contract, as follows: An option is provided for: removal of an item in the purchase basket; addition of items to the purchase basket; increase or decrease of the ordered quantity of a certain item; change of the address for delivery or the selected payment method.
(4) The Users shall pay to the Vendor a remuneration for the delivered items in accordance with the conditions determined in the Website and these General Terms and Conditions. The remuneration shall amount to the price announced by the Vendor at the Website address on the Internet, provided that the Vendor has confirmed the order of the User under the conditions of art. 9, para. 7 in relation to art. 10 of these General Terms and Conditions. 
(5) The Vendor shall have the right to change the unilaterally the prices announced on the Website, in which case the change of the prices shall be effective only for contracts concluded after its announcement on the Website.
(6) Discounts – Once you create your profile at the online shop  you become our Client and shall automatically receive the following discounts for registration:
1. Upon first purchase - 15% of the value of your first order.
2. Upon every other purchase - 5% of the value of your order.
The discounts for registration shall be in force until the end of year of 2017. 

The website also has a Promotions section – the discounts in this section shall not be increased by other discounts and the discount for registration shall not apply to them.
When in the online shop there is an option of benefit from different discounts, the website shall calculate the highest value of discount for given product; 2 or more discounts cannot be applied at the same time for one and the same product.  
Moni Trade Ltd. company shall reserve the right to change the value of the discounts, as well as the promotions of their online shop at their discretion, at any time without notice.
(7) In case the value of the order of the User is equal to or exceeds BGN 5,000.00, the payment shall be made only by means of a transfer or deposit to a payment account of the Vendor.
(8) The prices under para. 4 shall not include the transport costs of the delivery, which shall be accrued and paid by the User in addition to the announced prices. 
(9) The cost of delivery of the ordered item is, as follows
1. For orders up to BGN 100 – BGN 3 for Sofia-city and BGN 6 for the remaining territory of the Republic of Bulgaria.
2. For orders over BGN 100 – free, for deliveries throughout the country.
3.
This condition does not apply for orders, for which a discount rate is applied. For these orders the delivery is entirely at the expense of the Client, at prices of the courier company of their choice.

(10) The Vendor shall deliver the items requested by the Users within the terms and under the conditions determined by them at the page of the Website and in accordance with these general terms and conditions.
(11) The public invitation made by the Vendor via the Website in accordance with art. 290, para. 1 of the Commercial Law is valid until stocks of the respective item are exhausted. 
Art. 6. (1) The User and Vendor shall agree that all statements between them in relation with the conclusion and execution of the contract for purchase and sale can be performed electronically or through electronic statements under the Electronic Signature and Document Act and art. 11 of the Electronic Commerce Act.
(2) It shall be assumed that the electronic statements made by the website Users are made by the persons, specified in the data, provided by the User upon making a registration, if the User has entered the respective name and password for access.

IV. REGISTRATION FOR USE OF THE WEBSITE. CLIENT STATUS “GUEST” OF THE WEBSITE

Art. 7. (1) In order to use the Website for conclusion of contracts for purchase and sale of items, the User shall enter a name and password for remote access chosen by them. 
(2) The Website shall give the option for placing orders by Users with status ”guest”, in which case no client profile, name and password shall be generated for the User. 
(3) The name and password for remote access shall be determined by the User, through performing an online registration at the Website, in accordance with the procedure specified therein. The status of registered User shall give the option to use discount for turnover from purchases reached – in accordance with the indicated in art. 5, para. 5 of the present General Terms and Conditions. 
(4) Upon the entry of the information and pressing of the button “I am familiar with the General Terms and Conditions and accept them” (within the procedure of registration of a client profile or submission of an order by a User with a status of “guest” of the Website) The User shall declare that they are familiar with these general terms and conditions, agree with their contents and shall be obliged to unconditionally comply with them. 
(5) The Vendor shall confirm that the registration performed by the User, by sending an email to an email address specified by the User. An account shall be created to the User and contractual relations shall arise between them and the Vendor.
(6) Upon conclusion of the registration the User shall be obliged  to provide correct and updated information. The User shall be obliged upon change to update the information indicated upon their registration in a timely manner.

V. TECHNICAL STEPS FOR CONCLUSION OF A CONTRACT FOR PURCHASE AND SALE
Art. 8. The Users use mainly the interface of the website of the Vendor, in order to conclude contracts for purchase and sale of the item offered by the Vendor on the Website.
Art. 9. The Users shall conclude the contract for purchase and sale with the Vendor under the following procedure:
(1) Making a registration in the Website and provision of the necessary data, if the User at the time does not have any registration on the Website (orders by Users with registered client account) or submitting of an order by a person with a status “guest” of the Website (orders by Users with status of “guests” on the Website).
(2) Login in the system for making orders on the Website through identification with name and password, respectively, through using of the procedure for  making orders by Users with status of “guests” on the Website;
(3) Selection of one or more of the offered items on the Website and their addition to a list with items for purchase.
(4) Selection of items from the list of items for purchase, for which a contract for purchase and sale shall be concluded.
(5) Provision of data for performance of the delivery;
(6) Selection of method and moment for payment of the price.
(7) Confirmation of the order, which has the legal meaning of an offer from the User to the Vendor.
(8) Acceptance of the offer of the user through an express electronic statement of the Vendor containing the number of the order by the User and the number of the bill of lading  for forwarding of the respective item at the address indicated by the User. In order to avoid any doubt, with the acceptance of these General Terms and Conditions the users shall agree that the Vendor shall have the right to refuse confirmation of the order and delivery of the respective item in the following cases:
1. The respective item ordered by the Users is not available with the Vendor at the moment of processing of the respective order from the Vendor or has been intended for delivery for orders that have been processed earlier;
2. Due to a mistake upon entering of information in the Website, technical problem or unauthorized intervention in the information system of the Vendor, the price for the respective order is lower than the market prices for items of the same or similar type with more than 30 (thirty) percent and/or is in substantial difference from the general parameters for discounts of items or promotional conditions for sale indicated on the Website.

VI. CONCLUSION, CONTENTS AND STORAGE OF THE CONTRACT
Art. 10. (1) The contract for purchase and sale between the Vendor and Use shall be considered concluded at the moment when the Vendor confirms through an electronic message to the User the order of the User, mentioning in the confirmation the number of the order and number of the bill of lading for sending of the respective item to the address indicated by the User. The confirmation of the order shall be sent to the electronic address, indicated by the User upon their registration as a client – respectively – upon submission of the order. The confirmation of the order through specifying the bill of lading number for sending of the respective item has the legal meaning of acceptance of the offer, made by the User under art. 290 of the Commercial Law.
(2) The concluded contracts for purchase and sale shall be stored at the database of the Vendor. Upon request by the User the Vendor shall provide the concluded contract for purchase and sale to the electronic address indicated upon registration by the User. The specific characteristics of each order for purchase submitted to the Vendor are available from the client account of the User and for orders from Users with “guest” state on the Website the same are indicated in the confirmation of the order.
(3) The Vendor and Users conclude separate contracts for purchase and sale of the items requested by the Users, although they are selected with one electronic statement and from one list of items for purchase.
(4) The vendor can deliver together and at the same time the items ordered with separate contracts for purchase and sale.
(5) The Rights of the Users in relation with the delivered items shall be exercised separately for every contract for purchase and sale. The exercise of rights in relation with the delivered item shall not affect and shall not be into force regarding the contracts for purchase and sale of the other items. In case the User is in their capacity a consumer under the Consumer Protection Act, the exercise of the right of withdrawal of the contract for purchase and sale of the respective item shall not affect the contracts for purchase and sale of the other items delivered to the user.
Art. 11. Upon exercising of the rights under the contract for purchase and sale the User shall be obliged to specify clearly and unambiguously the contract and item, in relation to which they exercise their rights.
Art. 12. (1) The User can pay the price of the separate contract for purchase and sale at one time upon their delivery by cash on delivery to the courier company.
(2) The ordered item can be received only by:
- the buyer – duly particularized in the data of the client account  or the respective sales order;
- person, authorized by the buyer to receive the item in the order itself;
- person, that is expressly authorized by the buyer to receive the item with duly written power of attorney;
- person that shall expressly confirm the authenticity and identity of the ordered item and agree to pay for it in cash on behalf of the buyer.
(3) In case that at the indicated in the order address no person is found under para. 4 within the term of execution of the delivery or no access and conditions are provided for the delivery of the item within that term, the Vendor shall be exempted from their obligation to deliver the item subject to the order for purchase.
(4) In case the User confirms their desire to receive the ordered item and after expiration of the term of delivery, in which the address has not been located, they shall bear the cost at their own expense. The costs for the second delivery shall be paid upon reception of the item, together with the total amount for the order and the first delivery.
(5) Upon acceptance of the item the person under para. 4 shall sign a document that certifies the reception of the delivery.

VII. SPECIAL CLAUSES THAT ARE APPLIED TO PEOPLE, WHO ARE IN THEIR CAPACITY OF USE PERSUANT TO THE CONSUMER PROTECTION ACT
Art. 13. The rules under this section VII of these general terms and conditions shall be applied only to Users for which according to the information specified for conclusion of the contract for purchase and sale or upon the registration on the Website, a conclusion can be drawn that they are users under the Consumer Protection Act, Electronic Commerce Act and/or Directive 97/7/EC of the European parliament and of the Council from May 20th 1997 on consumer protection regarding the distance sales contracts. (Hereinafter referred to as “Users-consumers”)
Art. 14. (1) The main characteristics of the items offered by the Vendor are defined in the profile of each item on the Website.
(2) The price of the item with included all taxes and fees is determined by the Vendor in the profile of every item on the Website.
(3) The cost of the transport expenses not included in the price of the items, is as follows:
1. For orders up to BGN 100 BGN 3 for Sofia-city and BGN 6 for the rest of the territory of the Republic of Bulgaria.
2. For orders over BGN 100 free for deliveries in the entire country.
3.
This condition does not apply to orders for which a percent discount is used. For these orders the delivery shall be entirely at the expense of the Client, according to the prices of a courier company of their choice.

 (4) The ways of payment, delivery and execution of the contract are determined in these general terms and conditions and the information, provided  to the User-consumer through the Website.
(5) The information presented to the Users-consumers under this article is current at the time of its visualization on the Website before the conclusion of the contract for purchase and sale.
Art. 15. (1) The User-consumer shall agree that the Vendor has the right to accept advance payment for contracts for purchase and sale of items concluded with the user and their delivery.
(2) The User-consumer shall choose independently whether to pay to the Vendor the price for the item in advance or at the moment of their delivery.
Art. 16. (1) The User-consumer shall have the right to withdrawal from the contract at a distance or outside of the commercial site, without stating a reason, without owning indemnity or penalty and without paying any expenses excluding the expenses provided in art. 54, para. 3 and art. 55, within 14 days, from the date of:
1. conclusion of the contract – for service contract;
2. acceptance of the items by the user or third person different from the carrier and indicated by the user – for contract for sale, or:
a) when the user has ordered many items with one order, which are delivered separately, with effect from the date on which the user or third person, different from the carrier and indicated from the user, accepts the last items;
b) for delivery of item, which consists of many lots or pieces, in force from the date on which the user or third person, different from the carrier and indicated by the user, accepts the last lot or part;
c) for contracts with regular delivery of items, which is performed at regular intervals, in force from the date on which the user or third person, different from the carrier and indicated by the user, accepts the first items;
To these General Terms and Conditions, as Annex No. 1, have been attached Standard guidelines for exercising the right to withdrawal, in accordance with art. 47, para. 4 of the Consumer Protection Act.
(2) The right of withdrawal under para. 1 shall not apply in the following cases:
* for delivery of items and provision of services whose price depends on the financial market volatility, which the Vendor is not able to control;
* for delivery of items, made in accordance with the requirements of the User-consumer or  by their individual order;
* for delivery of items which due to their nature cannot be returned or are perishable, or there is a risk of deterioration of their quality characteristics;
* for delivery of audio- and video-records or program product, unsealed by the user;
* for delivery of newspapers, magazines and other periodical publications.
(3) When the Vendor has not fulfilled their obligations for providing information set in art. 54 of the Consumer Protection Act, the User-consumer shall have the right to withdraw from the concluded contract within three months, in force from the date of acceptance of the item. When the information under this paragraph is provided to the User-consumer within the term for withdrawal, the same shall start from the date of its delivery.
(4) When the user wants to withdraw from the contract from a distance, they shall inform the Vendor for their decision before the expiration of the term under para. 1 of this article. In order to exercise their right to withdrawal, the User-consumer can use the standard withdrawal form under Annex No. 2 to these General Terms and Conditions or to state unambiguously in another way their decision to withdraw from the contract. The User-consumer has exercised their right to withdraw from the contract if they have sent a message to the Vendor for exercising their right to withdraw before the expiration of the term under para.1.  
(5) In case the User-consumer exercise their right to withdraw under para. 1, the Vendor shall be obliged to reimburse in full the sums paid for the products, delivery excluded, no later than 14 business days, from the date on which the User-consumer has exercised their right to withdraw from the concluded contract. When the right to withdrawal from the contract is exercised the following rules shall also be applied:
 1. The Vendor shall not have obligation to reimburse the additional expenses for delivery of the item, when the User-consumer has expressly chosen a manner of delivery of the item that is different from the least expensive type standard delivery, offered by the Vendor.
 2. The Vendor shall have the right to withhold the payment of the sums of the User-consumer under this para. 5, until they receive the item or until the User-consumer provides proof that they have sent the item back, depending on which happens first.
 3. The User- consumer must send or deliver the items back to the Vendor or the person authorized by them without undue delay and no later than 14 days from the date, on which the User-consumer has notified the Vendor of their decision to withdraw from the contract the Deadline shall be deemed to be met if the User-consumer sends or delivers the items back to the Vendor before the end of the 14 day period.
 4. When the right to withdrawal from the contract is exercised, the User-consumer shall pay only the direct costs for returning of the items.
(6) The User-consumer shall be obliged to store the items received from the Vendor, their quality and safety during the term under para. 5.
(7) In case of  inconsistency of the item with the contract for sale the User-consumer shall have the right to claim a return, by asking the Vendor to adapt the items in accordance with the sales contract.
•  The claim for return of the consumer products can be made up to two years from the delivery of the item, but no later than two months of the establishing of the inconsistency with the agreed.  
(8) Every inconsistency of the consumer product with the sales contract, which is made up to 6 months after the delivery of the item shall be considered existing upon its delivery, unless it is proven that the lack of compliance is due to the nature of the item.
(9) The acceptance of claims for return is performed during the business hours of the commercial site where the item is bought or the service is ordered, at the registered address of the Vendor or other place specified by it. The return can be claimed in any of the commercial sites of the Vendor at the territory of the country, where such commercial activity is performed such as the one at the site, where the item is bought. The right to choose a place for claiming of the return belongs entirely to the user.
(10) When the consumer product does not comply with the sales contract, the seller shall be obliged to adapt it in compliance with the sales contract. The adapting of the item in accordance with the sales contract is free for the User-consumer. They shall not owe expenses for shipment of the item or for materials and labour due to its repairs and must not suffer significant inconveniences.
(11) In case the claim for return is founded  the User-Consumer can select between repairing of the item or its replacement with new one, unless this is impossible or the manner of compensation is not proportionate to the other.
(12) The adapting of the item in compliance with the sales contract must b performed within one month, from the claiming of the return.
(13) After the expiration of the one month term under para. 12 of this article the User-Consumer shall have the right to withdraw form the sales contract and for the paid sum to be restored or wants a reduction of the item price. The vendor shall be obliged to satisfy a request for withdrawal from the contract and to restore the sum paid by the User-Consumer, when after they have satisfied three clams for return of his via performance of repairs of one and the same item, within two years from delivery of the item, there is a further occurrence of incompliance of the item with the sales contract.
(14) The User-Consumer cannot claim withdrawal from the contract, if the incompliance of the item with the contract is insignificant.
(15) The User-Consumer can also want a compensation for the damage due to the incompliance.
(16) The User-Consumer can exercise their right under para. 8 – para. 15 of this article within a period of up to two years from the date of delivery of the item, but no later than two months from finding of the incompliance with the agreed item. This term shall be suspended during the time necessary for the repair or replacement of the item or for reaching an agreement between the Vendor and the User-Consumer and solving of the dispute. The exercising of the right of the user under para. 8 – para. 15 of this article shall not be bound by any other term for making a claim different from the term under this paragraph.
 
Art. 17. (1) The term of delivery of the item is determined for each item separately upon conclusion of the contract with the User-consumer via the Website.
(2) In case the User-consumer and the Vendor have not determined a term for delivery, the term for delivery of the items shall be е 30 business days, from the date following the submission of the order via the Website.
(3) If the Vendor is not able to execute the contract, because they do not have the ordered items available, they shall be obliged to notify the User-consumer of this and to restore the sums paid by them within 14 business days from the date, on which the Vendor has had to perform their obligation under the contract.
(4) In the cases under para. 3 of this article the Vendor can deliver to the User-Consumer items or services with the same quality and price, when this option has been expressly set before the conclusion of the contract or in the contract itself. In this case they shall inform the user in a clear and understandable manner for the change of the execution of the contract.
(5) When under the conditions of para. 4 the Vendor performs something else, instead of the due and the User-Consumer exercises their right to withdraw from the agreed contract, the expenses of return of the items shall be at the expense of the Vendor, for which they shall inform the User-Consumer.
Art. 18. The Vendor shall be obliged to comply with all requirements set out in the Bulgarian legislation regarding the labeling, advertisement and sale of items via the Website.

VIII. WARRANTY SERVICE
Art. 19 The risk of damage of the product upon assembly by the user shall lie with them entirely and shall be at their expense.
Art. 20 All items sold at the e-shop are with legal warranty for compliance of the item with the sales contract, in accordance with the Consumer Protection Act.
Art. 21 Warranty service shall not include and shall not apply to: 
  • A product, which is used, without observing the instruction manual.
  • A product, for which it is found that it is used not for its intended purpose.
  • Replacement of parts, which are subject to wearing during normal operation.
  • Not following the guidelines for assembly and installation.
  • Surface damage during operation of the product during moving, transport and storage.
  • Damage due to negligent operation, storage in an unsuitable environment or use for purposes different from the ones intended for the product.
  • Removal of defects, resulting from exposure of external factors – natural disasters, sun rays, breaks after an impact of hard object or catastrophe, industrial vapors, aggressive cleaning agents, etc.
  • Product, which is repaired in repair shops unauthorized by the manufacturer or other people.
  • Product, on which a change or modification of the construction is performed.
  • Removal of damage received as a result of installed parts and accessories different from the specification of the product upon its sale.
  • Damage of the fabric, bag, cover, canopy, tires, luggage basket, raincover and accessories (for strollers).
  • Damage of fabrics, canopy, cover and accessories (car seat).
  • Damage of fabrics, mattress, canopy and accessories (for sleeping cots and playpens).
  • Damage of fabrics and accessories (for jumper, swings, bouncer, walkers, high chairs, changing mats).
  • Damage of fabrics, zipper, press studs and accessories (for port – baby, winter cot for stroller and accessory for carrying babies).
  • Damage and injury of the surfaces and damage as a result not observing the installation instructions (for wooden beds).
  • Damage of tires, accumulators, accessories (for toys).
 
IX. EXECUTION OF THE CONTRACT
Art. 22. (1) The Vendor shall deliver and hand the items to the User within the term defined upon the conclusion of the contract.
(2) If the term under para. 1 is not expressly agreed between the parties  upon the conclusion of the contract, the Vendor shall deliver and hand the item within a reasonable term, but no later than 45 days.
Art. 23. (1) The User must inspect the item at the moment of delivery and its handing by the Vendor and in case it does not comply with the requirements to inform the Vendor of that immediately.
(2) If the User does not inform the Vendor in accordance with para. 1 the item shall be considered approved as corresponding to the requirements, except for  hidden defects.
Art. 24. The Vendor shall not assume responsibility to provide service for the item.
Art. 25. For the cases unsettled by this section the rules for commercial sale determined by the Commercial Act shall apply.

X. PERSONAL DATA PROTECTION
Art. 26. (1) The Vendor shall protect the personal data of the Users that has become known upon filling of the electronic form for submission of sales order. In compliance with the current legislation and the clauses of these General Terms and Conditions, the Vendor  shall be allowed to use the personal data of the Users only for the purposes intended in the contract – acceptance and execution of orders and connection with the Users in case of arising problems related to the order. The Vendor shall guarantee that the information concerned shall not be provided in any form to third persons or used for purposes different from ones the stated above, except if there is an express written agreement of the User or if the information is required by a competent state body within their powers according to the law.
(2) The User account of a specific User can be deleted from the data base together with the respective information at any time at a request by the User.
(3) The Vendor takes measures for personal data protection of the User in accordance with the Personal Data Protection Act.
(4) For security reasons regarding the personal data of the Users, the Vendor shall send the information only to an e-mail address, which has been indicated by the Users at the moment of registration.
(5) The Vendor shall have the right to store information in the final communication device of the User, unless the latter explicitly expresses disagreement with that. The disagreement of the User can be expressed at any time.
(6) The User or Consumer agrees that the Vendor shall have the right to send at any time electronic communications to the User, including a newsletter or offers for purchasing of items, while there is a registration of the User made at the e-shop of the Vendor. 
(7) Upon the acceptance of these General Terms and Conditions the user expresses explicit consent under art. 6, para. 1 and para. 4 of the  Electronic Commerce Act to receive commercial communications under para. 6 of this article. 
(8) The User agrees that the Vendor shall have the right to collect, store and process data on the behavior of the User while using the e-shop of the Vendor.
Art. 27. (1) At any moment the Vendor shall have the right to request that the User to legitimize and verify the authenticity of each of the circumstances and personal data indicated during the registration. 
(2) If, for some reason the User has forgotten or lost their password, the Website provides an opportunity for generating a new password and change of the forgotten password at address: http://moni.bg/forgotten/

XI. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 28. (1) These general terms and conditions can be amended by the Vendor, for which the latter shall inform in a suitable manner all Users of the Website.
(2) The Vendor and User shall agree that any addition and amendment of these general terms and conditions shall be effective to the User in the following cases:
A. after their express notification by the Vendor and if the User does not claim in the provided 14 day term that they reject them; or
B. after their publishing on the Website of the Vendor and if the User does not declare within 14 days from their publishing that they reject them.
C. upon their explicit acceptance by the User through their account on the Website of the Vendor.
(3) The User agrees that all statements by the Vendor in relation with the amendment of these general terms and conditions shall be send to the email address indicated by the User upon registration. The User shall agree that the electronic messages send pursuant to this article do not have to be signed with an electronic signature, for the electronic messages to have effect on them.
Art. 29. The Vendor shall public these general terms and conditions at address http://moni.bg/pages/page_id/2/ together with all additions and amendments in them.

XII. TERMINATION
Art. 30. These general terms and conditions and the contract between the User and the Vendor shall be terminated in the following cases:
- upon termination and declaration of insolvency or declaration of bankruptcy of one of the parties under the contract;
- by mutual agreement of both parties in writing;
- when there is an objective impossibility for any of the parties under the contract to perform their obligations;
- upon seizure or sealing of the equipment by state bodies;
- in case of deletion of the registration of the User at the Website. In this case the concluded, but not executed contracts for sale and purchase shall remain in force and subject to enforcement;
Art. 31. The Vendor shall have the right at their discretion without giving notice and without owing a compensation to terminate the contract unilaterally in case they find that the User uses the Website without observing these general terms and conditions, the legislation of the Republic of Bulgaria, the generally accepted moral standards or the generally accepted rules and practice in the e-commerce.

XIII. LIABILITY
Art. 32. The User shall be obliged to compensate and release from liability the Vendor in case of legal claims and other claims by third persons (whether justified or not), for all damage and costs (including legal fees and legal expenses), arising from or in connection with (1) failure to fulfill any of their obligations under this contract, (2) violation of copyright, producer’s, broadcasting rights or other rights of intellectual or industrial  property, (3) unlawful transfer to other persons of the rights provided to the User, for the term and under the conditions of the contract and (4) false declaration of the presence or lack of quality user pursuant to the Consumer Protection Act.
Art. 33. The Vendor shall not be liable in case of a force majeure, accidental occurrences, problems with the Internet, technical or other objective reasons, including orders by the competent state bodies.
Art. 34. (1) The Vendor shall not bear responsibility for damage caused by the User to third persons.
(2) The Vendor shall not bear responsibility for the time, in which the Website is not available due to force majeure.
(3) The Vendor shall not bear responsibility for damage by comments, opinions and publications under the products, news and articles on the Website, including for damaging of the health of the Users as a result of such comments, opinions or publications.
Art. 35. (1) The Vendor shall not bear responsibility in case of breach of the safety measures of the technical equipment, resulting in loss of information, dissemination of information, access to information, limitation of access to information and other similar consequences.
(2) The Vendor shall not bear responsibility in case of conclusion of contract for sales and purchase, provision of access to information, loss or change of data resulting from false legitimization of a third person, who poses as the User, if the consequences imply that this person is the User.

XIV. OTHER CONDITIONS
Art. 36. (1) The User and Vendor shall be obliged to protect each other’s rights and legal interests, as well as to protect one another’s business secrets that have come known to them in the process of execution of the contract and these general terms and conditions.
(2) The User and Vendor shall be obliged during and after expiration of the contract term not to make publicly available any written or verbal communications carried out between them. Making publicly available shall be considered the publishing of correspondence in printed or electronic media, Internet forums, personal or public websites, etc.
Art. 37. In case of a conflict between these general terms and conditions and conditions agreed in a special contact between the Vendor and User, the clauses of the special contract shall take precedence.
Art. 38. The possible invalidation of any of the provisions of these general terms and conditions shall not make the entire contract invalid.
Art. 39. For the matters unsettled by this contract, related to the execution and interpretation of this contract the laws of the Republic of Bulgaria shall apply.
Art.40. In case any of the provisions of this Agreement is deemed contrary to mandatory provisions, void or for any reason unenforceable, this provision shall be deemed independent of its other provisions and shall not affect the action or applicability of any of the other provisions.

Annex No. 1 – Standard guidelines for exercising of the right of withdrawal
 
ANNEX No. 1
 
 
to the General Terms and Conditions of Moni Trade Ltd. for use of the e-shop http://moni.bg/ and making purchases of items through it
 
Information for execution of the right to withdrawal from the contract
 
Standard guidelines for withdrawal:
 I. Right to withdraw from the contract at a distance or outside of the commercial site.
 II. You have the right to withdraw from this contract, without providing reasons for that within 14 days.
 III. The withdrawal term is 14 days from the date:
 a) for contract for sale where the item is delivered once: the date, on which you or third person, different from the carrier and indicated by you has entered into possession of the item;
 or
 b) for contract, with which the user orders many items with one order, which are delivered separately: the date, on which you or another person, different from the forwarder and indicated by you has entered into possession of the last item;
In order to exercise your right of withdrawal, you must inform us of your name, current address, telephone number, and e-mail address and for your decision to withdraw from the contract with an unequivocal statement at electronic address web@moni.bg. In this case, we will send you by email a message for confirmation of the reception of the withdrawal.
You can exercise your right to withdrawal and via a letter send by post to the registered address of Moni Trade Ltd. (Bulgaria, Region of Sofia-city, Municipality of Nadezhda, Iliantsi quarter, 1 “Skladova baza” Str., еmail: office@moni.bg.)
Regardless of the manner of exercising your right to withdrawal you choose, you can use the annexed standard form for withdrawal (i.e. Annex No. 2 to the General Terms and Conditions of Moni Trade Ltd for use of the e-shop http://cangaroo-bg.com/), but this is not obligatory.
In order to comply with the deadline for withdrawal from the contract, it is sufficient to send you message regarding the exercise of your right to withdraw before the expiration of the term for withdrawal from the contract.
 IV. Effect of the withdrawal.
If you withdraw from this contract, we shall reimburse all payments, which we have received from you, without the expenses for delivery to you, without undue delay and in all cases no later than 14 business days, from the date, on which you inform us about your decision for withdrawal from this contract. The reimbursement of the payments shall be performed only via a bank transfer.
Moni Trade Ltd. shall have the right to delay the reimbursement of the payment until they receive the items back or until you provide us with proof that you have send the items back depending on which of the two events happens earlier.
If at the moment of exercising your right to withdraw, you have already received items in relation with the contract – the following rules shall apply:
1. We expect you to send us or return back the items in our physical store, where the item has come from, without unjustified delay and in all cases no later than 14 days after the day, in which you have informed us of your withdrawal from this contract. The term shall be considered respected, if you send us the items back before the expiration of the 14 day term.
You must pay the direct expenses for returning of the items. The expenses are expected not to exceed approximately the costs you have paid to the courier company upon receiving the delivery of the items by Moni Trade Ltd.

Annex No. 2 – Standard withdrawal form
 
 
ANNEX No. 2
 
to the General Terms and Conditions of Moni Trade Ltd. for use of the e- shop http://moni.bg/ and for making purchases through it
 
 
Standard form for execution of the right of withdrawal from the contract:
 
(fill in and sent this form only if you want to withdraw from the contract)
To: MONI TRADE LTD, UIC 131452175
with registered address and management address: Bulgaria, Region of Sofia-city, Nadezhda Municipality, Iliantsi quarter, 1 Skladova baza Str., еmail: office@moni.bg, tel. +359 2 936 07 90.
– I/we* hereby inform you that I/we* withdraw from the contract concluded by me/us for the  purchase of the following item/s*/for provision of the following service*
– Ordered on*/received on*
– Name of the user/s
– Address of the user/s
– Signature of the user/s (only in case this form is in paper form)
– Date
 

ALTERNATIVE DISPUTE RESOLUTION
https://kzp.bg/pomiritelna-deynost


PLATFORM FOR ONLINE DISPUTE RESOLUTION
In case of arising of a dispute related to an online purchase you can use the ODR site  -https://webgate.ec.europa.eu/odr/main/?event=main.home.show&reload=EN
 
PERSONAL DATA PROTECTION POLICY
Art. 1. (1) The Vendor shall protect the personal data of the Users disclosed when the electronic form is filled in for submitting of an order for purchase. In compliance with the acting legislation and the clauses of these General Terms and Conditions, the Vendor can use the personal data of the Users solely and exclusively for the purposes provided in the contract – acceptance and execution of orders and contact with the Users in case of arising problems related to the order. The Vendor guarantees that the data in question will not be provided under any form to third persons or used for purposes different from the ones described above unless there is an express written agreement by the User or in case the information is required by a competent state body within their powers according to the law.
(2) The User account of a specific User can be deleted from the database together with the information in it at any time at the request of the User.
(3) The Vendor shall undertake measures for personal data protection of the User in accordance with the Personal Data Protection.
(4) For reasons regarding the protection of personal data of the Users, the Vendor shall sent the data only to the e-mail address, indicated by the users at the moment of registration.
(5) The Vendor shall have the right to store data at the final communication device of the User, unless the latter explicitly expresses their opposition to that. The opposition of the user can be expressed at any time.
(6) The User or Consumer agrees that the Vendor shall have the right to send at any time electronic messages to the User, including a newsletter or offers for purchase of items, when a registration has been made of the User at the electronic shop of the Vendor. 
(7) Upon accepting these General Terms and Conditions the User shall express their explicit agreement under art. 6, para. 1 and para. 4 of the Electronic Commerce Act to receive commercial messages under para. 6 of this article. 
(8) The User agrees that the Vendor shall have the right to collect, store and process data for the behavior of the User when using the electronic shop of the Vendor.
Art. 2. (1) At any moment the Vendor has the right to require from the User to legitimize and to verify the authenticity of any of the circumstances and personal data stated during the registration. 
(2) In case for any reason the User has forgotten or lost their password for access, the Website provides the opportunity for generation of new password and for change of the forgotten password at address: http://moni.bg/forgotten/
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