Terms and Conditions

  1. SUBJECT

Art. 1. These General Terms and Conditions are intended to regulate the relations between, UIC, with its registered office and management address: Milan 1000, hereinafter referred to as the SUPPLIER, and the clients, hereinafter referred to as the USERS, of the e-commerce platform ALLPOWER LTD, hereinafter referred to as "allpower.bg".

II. SUPPLIER DATA

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

  1. Supplier name: ""
  1. Registered office and management address: BULGARIA, Sofia, Mladost 2 residential complex, bl. 205 B, fl. 3, apt. 15A
  1. Address for exercising the activity and address for submitting complaints from consumers: BULGARIA, Sofia, Mladost 2 residential complex, bl. 205 B, fl. 3, apt. 15A
  1. Correspondence data: info@allpower.bg, phone +359 882 642 567
  1. Entry in public registers: UIC 206834576
  1. Supervisory authorities:

(1) Commission for Personal Data Protection

Address: Sofia, Prof. Tsvetan Lazarov Str. No. 2,

tel.: (02) 940 20 46

fax: (02) 940 36 40

Email: kzld@government.bg, kzld@cpdp.bg

Website: www.cpdp.bg

 

(2) Consumer Protection Commission

Address: 1000 Sofia, Slaveykov Sq. No. 4A, fl. 3, 4 and 6,

tel.: 02 / 980 25 24

fax: 02 / 988 42 18

hotline: 0700 111 22

Website: www.kzp.bg

  1. VAT registration

III. PLATFORM CHARACTERISTICS

Art. 3. ALLPOWER RACING is an e-commerce platform, available at allpower.bg, through which Users have the opportunity to conclude contracts for the purchase and delivery of goods offered by the Supplier on the platform, including the following:

  1. To register and create a profile to view the Supplier's e-shop and use additional services to provide information;
  1. To view goods, their characteristics, prices and delivery conditions;
  1. To conclude contracts with the Supplier for the purchase and delivery of goods offered on the allpower.bg platform;
  1. To make all payments related to the concluded contracts through the allpower.bg platform using electronic payment methods.
  1. To receive information about new goods offered by the Supplier on the allpower.bg platform;
  1. To make electronic statements related to the conclusion or execution of contracts with the Supplier on the allpower.bg platform through the interface of the allpower.bg page, accessible on the Internet;
  1. To be informed of their rights arising from the law, primarily through the interface of the allpower.bg platform on the Internet;
  1. To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

Art. 4. The Supplier on the allpower.bg platform organizes the delivery of goods and guarantees the Users' rights provided by law, within the framework of good faith, accepted practices, consumer or commercial law criteria and conditions.

Art. 5. (1) Users conclude a contract for the purchase and sale of goods with the Supplier on the allpower.bg platform, at allpower.bg. The contract is concluded in Bulgarian and stored in the Supplier's database on the platform.

(2) Under the contract for the purchase and sale of goods concluded with the Users, the Supplier on the allpower.bg platform undertakes to organize the delivery and transfer of ownership to the User of the goods specified by them through the platform interface. Users have the right to correct errors in the information entered no later than the submission of the statement for concluding the contract to the Supplier on the allpower.bg platform.

(3) Users pay the Supplier of the allpower.bg platform remuneration for the delivered goods in accordance with the conditions specified on the allpower.bg platform and these general terms and conditions. The remuneration is equal to the price announced on the allpower.bg platform.

Art. 6. (1) The User and the Supplier on the allpower.bg platform agree that all statements between them regarding the conclusion and execution of the purchase and sale contract can be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.

(2) It is presumed that electronic statements made by Users on the website are made by the persons specified in the data provided by the User during registration, if the User has entered the corresponding username and password for access.

  1. REGISTRATION FOR USING allpower.bg

Art. 7. (1) In order to use allpower.bg for concluding contracts for the purchase and sale of goods, the User must enter a username and password for remote access chosen by him or to authenticate through his Facebook or Google profile, whereby it is considered that he has accepted these general terms and conditions.

(2) The username and password for remote access are determined by the User by performing an online registration on the Supplier's website on the allpower.bg platform, according to the procedure specified therein. Users have the opportunity to place orders for delivery of goods and a profile from the social networks Facebook and Google.

(3) By filling in his data in the shopping cart and clicking the "Order" button, the User declares that he is familiar with these general terms and conditions, agrees with their content and undertakes to unconditionally comply with them.

(4) The Supplier confirms the order placed by the User by email. A User account is created and contractual relations arise between him and the Supplier.

(5) When performing registration or placing an order, the User undertakes to provide true and up-to-date data. The User undertakes to update the data specified in his registration or order in a timely manner if there is a change.

  1. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AND SALE CONTRACT

Art. 8. (1) Users primarily use the interface of the Supplier's page on the allpower.bg platform to conclude contracts for the purchase and sale of goods offered by the suppliers on the allpower.bg platform.

(2) In cases of ordering goods without registration by the User, the latter accepts these general terms and conditions at the time of delivery. It is considered that the User has accepted these general terms and conditions by accepting the delivery of the goods.

Art. 9. Users conclude the contract for the purchase and sale of goods on the allpower.bg platform following the procedure below:

(1) Logging into the ordering system on the allpower.bg platform

(2) Selecting one or more of the goods offered by the Supplier on the allpower.bg platform and adding them to a list of goods for purchase.

(3) Providing the necessary data for individualization of the User as a party to the contract.

(4) Providing delivery data;

(5) Choosing a method and time for payment of the price.

(6) Order confirmation;

  1. CONTENT OF THE CONTRACT

Art. 10. (1) The Supplier and the Users conclude separate contracts for the purchase and sale of the goods ordered by the Users, even if they are selected with a single electronic statement and from a single list of goods for purchase.

(2) The Supplier may organize the delivery of the goods ordered under the separate purchase and sale contracts together and simultaneously.

(3) The Users' rights regarding the delivered goods are exercised separately for each purchase and sale contract. The exercise of rights regarding a delivered good does not affect and has no effect on the contracts for the purchase and sale of other goods. In case the User has the quality of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract for the purchase and sale of a specific good does not affect the contracts for the purchase and sale of other goods delivered to the consumer.

Art. 11. When exercising the rights under the purchase and sale contract, the User is obliged to specify precisely and unambiguously the contract and the good for which the rights are being exercised.

Art. 12. The User may pay the price for the individual purchase and sale contracts at once when placing the order for the goods or upon their delivery.

VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE STATUS OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT

Art. 13. The rules in this Section VII of these General Terms and Conditions apply solely to Users who, according to the data provided for the conclusion of the purchase and sale contract or during registration on allpower.bg, can be inferred to be Consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011.

Art. 14. (1) The main characteristics of the goods offered by the Supplier on the allpower.bg platform are defined in the profile of each good on the allpower.bg platform.

(2) The price of the goods, including all taxes and fees, is determined by the Supplier on the allpower.bg platform in the profile of each good on the allpower.bg platform.

(3) The value of postal or transport costs, not included in the price of the goods, is determined by the Supplier on the allpower.bg platform and is provided as information to the Users when selecting goods for the conclusion of the purchase and sale contract;

(4) The methods of payment, delivery and execution of the contract are determined in these general terms and conditions and the information provided to the User through the mechanisms on the allpower.bg platform.

(5) The information provided to Users under this article is current at the time of its visualization on the allpower.bg platform before the conclusion of the purchase and sale contract.

(6) Users agree that all information required by the Consumer Protection Act can be provided through the interface of the allpower.bg platform or by email.

Art. 15. (1) The Consumer agrees that the suppliers on the allpower.bg platform have the right to accept advance payment for the purchase and sale contracts concluded with the Consumer for goods and their delivery.

(2) The Consumer independently chooses whether to pay the Supplier on the allpower.bg platform the price for the delivery of the goods before or at the time of their delivery.

(3) If the value of the Consumer's order is equivalent to or exceeds BGN 15,000 (€0.00), payment shall be made only by bank transfer or deposit into the Supplier's payment account.

Art. 16. (1) The Consumer has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days, counting from the date of acceptance of the goods by the Supplier through the unified withdrawal form available on the Supplier's website on the allpower.bg platform at Exercise your rights! and in Appendix No. 1 to these general terms and conditions. Information on exercising the right of withdrawal is available at Exercise your rights! and in Appendix No. 2 to these general terms and conditions.

(2) The right of withdrawal under par. 1 does not apply in the following cases:

  1. for the supply of goods made to the consumer's specifications or clearly personalized;
  1. for the supply of goods which are liable to deteriorate or expire rapidly;
  1. for the supply of sealed goods which are unsealed after delivery and thus are not suitable for return due to health protection or hygiene reasons;
  1. for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
  1. for the supply of sealed audio or video recordings or sealed computer software which were unsealed after delivery, including activation codes for software licenses, software features or virtual payment instruments.
  1. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;

(3) Where the supplier on the allpower.bg platform has not fulfilled its obligations to provide information as defined in the Consumer Protection Act, the Consumer has the right to withdraw from the concluded contract within one year and 14 days, counting from the date of receipt of the goods. Where the information is provided to the consumer within the withdrawal period, the same shall start to run from the date of its provision. The Consumer has the right to submit the withdrawal statement under this article directly to the Supplier using the unified withdrawal form available on the Supplier's website on the allpower.bg platform at Appendix No. 1 to these general terms and conditions.

(4) When the Consumer has exercised his right of withdrawal from the distance contract or the off-premises contract, the Supplier shall refund all sums received from the consumer, including delivery costs, without undue delay and no later than 14 days from the date on which he was informed of the consumer's decision to withdraw from the contract. The Supplier shall refund the received sums using the same payment method used by the consumer in the initial transaction, unless the consumer has explicitly agreed to the use of another payment method and provided that this does not entail costs for the consumer.

(5) When exercising the right of withdrawal, the costs for returning the delivered goods shall be deducted from the amounts to be refunded under para. 4, except in cases where the consumer organizes the return of the goods himself and at his own expense. The Supplier is not obliged to reimburse the additional costs for the delivery of the goods when the consumer has explicitly chosen a method of delivery of the goods other than the cheapest standard delivery offered by the Supplier.

(6) The Consumer undertakes to store the goods received from the Supplier on the platform and to ensure the preservation of their quality and safety during the period under para. 1.

(7) The Consumer may exercise his right of withdrawal from the contract with the Supplier by sending a written statement to the Supplier using the standard withdrawal form available at GENERAL TERMS AND CONDITIONS on the allpower.bg platform and in Appendix No. 1 to these general terms and conditions.

(8) Where the supplier on the allpower.bg platform has not offered to collect the goods himself, he may withhold reimbursement until he has received the goods back or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.

(10) Regardless of the above hypotheses, the Consumer undertakes to return the goods in a commercial condition that allows their subsequent sale, unless the unpacking of the goods leads to an obvious violation of the commercial condition of the goods, such as, but not limited to, a destructible box, hermetic packaging and other similar cases. In case of damaged commercial condition of the goods, the Supplier has the right, at his discretion, to refuse to accept withdrawal from the contract or to charge the Consumer for the costs of restoring the goods to a commercial condition.

(11) In case of exercising the right of withdrawal under this article, it is considered that the Consumer has also exercised the right of withdrawal in relation to the bonus content belonging to the goods.

Art. 17. (1) The delivery period of the goods is determined for each good individually upon conclusion of the contract with the consumer through the Supplier's website on the allpower.bg platform.

(2) If the User and the Supplier on the allpower.bg platform have not specified a delivery period, the delivery period for the goods is 30 calendar days, counting from the date following the sending of the consumer's order to the Supplier through the Supplier's website on the allpower.bg platform.

(3) If the Supplier on the allpower.bg platform cannot fulfill the contract because he does not have the ordered goods, he is obliged to notify the Consumer and refund the amounts paid by him.

Art. 18. The Supplier on the allpower.bg platform undertakes to comply with all requirements established in Bulgarian legislation regarding the labeling, advertising and sale of food supplements.

VIII. PERFORMANCE OF THE CONTRACT

Art. 19. (1) The Supplier on the allpower.bg platform may organize the delivery and handover of the goods to the User by a corresponding courier within the period specified upon the conclusion of the contract.

(2) If the term under para. 1 is not explicitly agreed upon by the parties upon the conclusion of the contract, the Supplier shall organize the delivery and handover within a reasonable period.

Art. 20. (1) The User must inspect the goods at the time of delivery and handover, and if they do not meet the requirements, he must immediately notify the Supplier on the allpower.bg platform.

(2) If the User does not notify the Supplier on the allpower.bg platform according to para. 1, the goods are considered approved as meeting the requirements, except for hidden defects.

Art. 21. The Supplier on the allpower.bg platform is not obliged to provide the necessary service for the goods.

Art. 22. For cases not regulated in this section, the rules of commercial sale, as defined in the Commercial Law and the Consumer Protection Law, shall apply.

  1. PERSONAL DATA PROTECTION

Art. 23. (1) The collection, storage and processing of personal data is carried out in accordance with the Privacy Policy, which you can access here: Privacy Policy.

(2) The personal data entered by the Users are subject to protection under the Personal Data Protection Act and General Regulation 2016/679, and the Supplier processes them for the purposes and within the deadlines provided in the Personal Data Privacy Policy.

(3) With the User's consent to the Privacy Policy, the User explicitly confirms that they agree for the Provider to store information or access information stored on the User's end device for the purposes and periods exhaustively provided therein. The User agrees that the Provider may store information or access information stored on the User's end device on other grounds specified in the Privacy Policy.

(4) The User agrees that the Provider of the allpower.bg platform has the right to send electronic messages to the User at any time, including a newsletter or offers for the purchase of goods, as long as the User is registered in the Provider's online store on the allpower.bg platform.

(5) The User agrees that the Provider of the allpower.bg platform has the right to collect, store, and process data on the User's behavior when using the Provider's online store on the allpower.bg platform. The User has the right to object to the storage or access to information under paragraph 3 in the ways provided for in the Privacy Policy.

Art. 24. (1) At any time, the Provider on the allpower.bg platform has the right to require the User to identify themselves and to verify the authenticity of any of the circumstances and personal data declared during registration.

(2) In the event that for some reason the User has forgotten or lost their username and password, the Provider of the allpower.bg platform has the right to apply the announced "Procedure for lost or forgotten usernames and passwords", available at: allpower.bg

  1. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 25. (1) These general terms and conditions may be amended by the Provider of the allpower.bg platform, of which the latter will notify all registered Users in an appropriate manner.

(2) The Provider on the allpower.bg platform and the User agree that any addition and amendment to these general terms and conditions will be effective with respect to the User in one of the following cases:

A) after explicit notification by the Provider on the allpower.bg platform and if the User does not declare within the 14-day period provided to them that they reject them; or

B) after their publication on the website of the Provider on the allpower.bg platform and if the User does not declare within 14 days of their publication that they reject them;

C) with their explicit acceptance by the User through their profile on the website of the Provider on the allpower.bg platform.

(3) The User agrees that all statements of the Provider on the allpower.bg platform regarding the amendment of these general terms and conditions will be sent to the email address specified by the User during registration. The User agrees that electronic letters sent under this article do not need to be signed with an electronic signature to be effective against them.

Art. 26. The Provider publishes these general terms and conditions at {terms_rul} along with all additions and amendments thereto.

  1. TERMINATION

Art. 27. These general terms and conditions and the User's contract with the Provider on the allpower.bg platform are terminated in the following cases:

  • upon termination and declaration of liquidation or declaration of insolvency of one of the parties to the contract;
  • by mutual written agreement of the parties;
  • in case of objective impossibility for any of the parties to the contract to fulfill its obligations;
  • upon seizure or sealing of equipment by state authorities;
  • in case of deletion of the User's registration on the allpower.bg platform. In this case, concluded but unfulfilled contracts of sale remain in force and are subject to execution;

Art. 28. The Provider has the right, at its discretion, without prior notice and without owing compensation, to unilaterally terminate the contract if it finds that the User is using the allpower.bg platform in violation of these general terms and conditions, the legislation of the Republic of Bulgaria, generally accepted moral norms, or generally accepted rules and practices in e-commerce.

XII. LIABILITY

Art. 29. The User undertakes to indemnify and hold harmless the providers on the allpower.bg platform and the Provider against lawsuits and other claims by third parties (whether justified or not), for all damages and expenses (including attorney's fees and court costs) arising from or in connection with (1) non-fulfillment of any of the obligations under this contract, (2) infringement of copyright, producer rights, broadcasting rights or other intellectual or industrial property rights, (3) unlawful transfer to other persons of the rights granted to the User, for the term and under the terms of the contract and (4) false declaration of the existence or absence of the quality of consumer within the meaning of the Consumer Protection Act.

Art. 30. The Provider is not liable in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders from competent state authorities.

Art. 31. (1) The Provider is not liable for damages caused by the User to third parties.

(2) The Provider is not liable for property or non-property damages, expressed as lost profits or suffered damages, caused to the User in the process of using or not using allpower.bg and entering into purchase and sale contracts with the Provider.

(3) The Provider is not liable for the time during which the platform was unavailable due to force majeure.

(4) The Provider is not liable for damages from comments, opinions, and publications under products, news, and articles on the allpower.bg platform.

Art. 32. (1) The Provider is not liable in case of overcoming the security measures of the technical equipment and subsequent loss of information, dissemination of information, access to information, restriction of access to information, and other similar consequences.

(2) The Provider is not liable in case of conclusion of a contract of sale, granting access to information, loss or alteration of data resulting from false legitimation of a third party presenting themselves as the User, if from the circumstances it can be judged that this person is the User.

XIII. OTHER CONDITIONS

Art. 33. (1) The User and the Provider on the allpower.bg platform undertake to mutually protect their rights and legitimate interests, as well as to preserve their trade secrets that became known to them in the process of executing the contract and these general terms and conditions.

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

Art. 34. In case of a conflict between these general terms and conditions and agreements in a special contract between the Provider on the allpower.bg platform and the User, the clauses of the special contract shall prevail.

Art. 35. The eventual invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.

Art. 36. For matters not settled in this contract, related to its execution and interpretation, the laws of the Republic of Bulgaria shall apply.

Art. 37. These general terms and conditions come into force for all Users of allpower.bg.

Appendix No. 1 - Standard form for exercising the right of withdrawal from the contract

Standard form for exercising the right of withdrawal from the contract:

(fill in and send this form only if you wish to withdraw from the contract)

– To (, +359 882 642 567 , info@allpower.bg):

– I/We* hereby notify that I/we* withdraw from the contract concluded by me/us* for the purchase of the following goods*/for the provision of the following service*

– Ordered on*/received on*

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if this form is on paper)

– Date

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* Delete as appropriate.

Goods Made to Order and According to Individual Requirements

Pursuant to Article 57, point 3 of the Bulgarian Consumer Protection Act, the right of withdrawal from the contract within 14 days does not apply to goods made to the consumer’s specifications or clearly personalized.

This includes products that are specially manufactured, personalized, modified, or configured according to the customer’s individual requirements, including products selected or configured according to the specific make, model, year, version, or technical specifications of the vehicle.

For such products, the customer does not have the right to withdraw from the contract within the 14-day period applicable to standard goods purchased at a distance.

When ordering a product according to individual specifications, the customer confirms that they have been informed of and agree that the right of withdrawal under Article 50 of the Bulgarian Consumer Protection Act does not apply to the respective order.