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Terms & Conditions

GENERAL TERMS AND CONDITIONS

for using a website and an online store: www.carbontouch.eu

These Terms and Conditions together with the Privacy Policy and the Cookies policy (together referred to as the "Terms") govern the terms and conditions of access to and use of the Carbon Touch BG Ltd Web site - carbontouch.bg, carbontouch.eu and other platforms that Carbon Touch BG Ltd owns and / or manages and provides to you for use, as well as any other information and content downloaded, provided or forwarded by Carbon Touch, as well as any applications offered from Carbon Touch in connection with the services offered.

The use of this site and the registration of an order through it is considered as a consent with its terms and conditions. If you DO NOT accept these terms, please do not use this web site. Carbon Touch BG Ltd. reserves the right to change the terms at any time, without prior notice, the modified terms will be published on the website.

GENERAL TERMS

of the Carbon Touch e-shop

1. SUBJECT 

1. This document represents (1) the general terms and conditions or the terms of use of https://www.carbontouch.eu that rule the use of https://www.carbontouch.eu and (2) the agreement between the seller and customer for sale through https://www.carbontouch.eu.

2. SELLER'S DETAILS

2.1. Information under the Consumer Protection Act and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016:

1. Name of Seller: "Carbon Touch BG" Ltd

2. Registered office and address of management: Sofia, p.1212, 5th, Zaria Str

3. Address for exercising the activity: Sofia, p.1212, 5th, Zaria Str

4. Correspondence data: Sofia, p.1225, 5th, Zaria Str., Tel: +359 888033488, email: office@carbontouch.eu. Contact person: Alexander Hristoslavov Popov

5. Entry in public registers: UIC 202103549,

6. Supervisory authorities:

(1) Personal Data Protection Commission

Address: Sofia 1592, "Prof. Tsvetan Lazarov "№ 2,

Tel: +359 2 91 53 518

Email: kzld@cpdp.bg

Web site: www.cpdp.bg

(2) Consumer Protection Commission

Address: Sofia, PK 1000, 4A Slaveykov Square, floor 3, 4 and 6

tel .: +359 2 9330565

fax: +359 2 9884218

Email: info@kzp.bg

Web site: www.kzp.bg

The owner and administrator of the site carbontouch.eu and the carbontouch.eu e-shop is Carbon Touch BG Ltd. with UIC:202103549 with headquarters and address of management in Sofia, Zarya №5, represented by the General Manager - Alexander Hristoslavov Popov.

2.2.   You can contact the company at the address above, at +359 988 250 120 or by e-mail at office@carbontouch.eu. Contact person – Zornitsa Petrova Popova

3. DEFINITIONS
3.1. Buyer - a person aged 18 or over who has signed a distance-purchase agreement through the Carbon Touch e-commerce platform with Carbon Touch BG Ltd with the right to acquire ownership of the purchased item and the obligation to pay the announced price.

3.2 Seller - Carbon Touch BG Ltd, offering goods on the e-commerce platform Carbon Touch with the obligation to transfer the ownership of the sold item and the right to receive the announced price.

3.3. Customer - any individual or legal company or other legal entity using the Platform in any way including, but not limited to looking at it, makes orders through it, purchases, returns goods and performs any other action through it.

3.4. Platform - the domains carbontouch.bg; carbontouch.eu

3.5. Account - a section of the Platform, formed by an email address and password that allows the Customer to send a Purchase Order. The Account contains information about the Customer and the history of some of its actions in the Platform (Orders, Invoices, etc.)

3.6. Order - a communication form between Carbon Touch BG Ltd and the Customer, through which the Customer declares to Carbon Touch BG Ltd., using the Platform, his intention to purchase Goods from the Platform.

3.7. Goods / Merchandise - any item subject to a sale-purchase contract between the Buyer and the Seller through the Platform.

3.8.   Contract - represents а contract concluded between the Seller and the Buyer from a distance for the purchase and sale of Goods/Merchandises through the Platform, an integral part of which are the present General Terms and Conditions for using the Platform.

3.9. A distance contract - any contract concluded between Carbon Touch BG Ltd and a Buyer as part of an organized system for distant sales or distant services without the simultaneous physical presence of Seller and Buyer through the exclusive use of one or more types for distance communication to the time of conclusion of the contract, including the moment of the conclusion of the contract.

3.10. Content
• all Platform information available through an Internet connection and using a device connected to the Internet;
• the content of any messages sent from the Buyer to Carbon Touch BG Ltd by electronic device and/ or any other available type of communication;
• any information provided by any way by an employee / associate of Carbon Touch BG Ltd. to the Customer by electronic or other device for its transmission from a distance;
• information related to the Goods;
• information regarding Customers and related to the Goods and / or applicable tariffs from third parties with which the Seller has concluded in some form partnership agreements;
• Seller data.

3.11. Newsletter – a periodically received information about the Goods and / or promotions offered by the Seller and sent electronically via e-mail.

3.12. Transaction - the action of Carbon Touch BG Ltd on the refund of an amount paid by the Buyer as a result of break up, termination, refusal or non-conclusion of a contract for purchase through the Platform, carried out only by bank transfer.

3.13. Specifications - All features and / or specifications of the Goods as indicated in their description.

4. GENERAL PROVISIONS
4.1. The general conditions of Carbon Touch BG Ltd are obligatory for all Customers of the Platform.

4.2. Any use of the Platform implies that you have (a) carefully understood the general terms of use of the Platform and (b) you have agreed to abide by them unconditionally.

4.3. In any case of changing the general terms and conditions "Carbon Touch BG" Ltd. will inform its Customers by publishing the changes to the Platform.

4.4. If any of the provisions of these General Terms and Conditions for use of the Platform are found to be invalid or unenforceable no matter of the reason for doing so, this shall not affect the nullity or in applicability of the other provisions.

4.5. "Carbon Touch BG" Ltd. makes serious efforts to maintain the accuracy of the information presented in the Platform. However, given the possible technical errors or omissions in this information, Carbon Touch BG Ltd saves the right to inform, that the images of the goods have an illustrative and guiding character, respectively the goods delivered may differ from the images.

4.6. The features or pricing of the goods described in the Platform may be changed by Seller at any time. Due to technical reasons, they may contain errors for which "Carbon Touch BG" Ltd apologizes in advance to its Customers.

4.7. All goods, including those in promotion / sale, are sold and delivered until available quantity is over, even if this is not explicitly marked on the Platform.

4.8. The platform may contain links to other sites. "Carbon Touch BG" Ltd is not responsible for the privacy policy of the websites it does not administer as well as for other information posted on them. 

5.CONCLUSION OF CONTRACT

5.1. The Customer declares his willingness to order and buy a Good through the Platform by making a Purchase Order electronically or by phone. The order must be accordingly registered by the Customer or by Carbon Touch BG Ltd on his behalf.

5.2. The seller has the right not to deliver any or all of the Goods of the Order for a variety of objective reasons, including but not limited to lack of their stock availability. In all cases, Carbon Touch BG Ltd informs the Customer by e-mail or by telephone. In this case, Seller's sole responsibility is to return the eventually obtained amount representing the price of the Goods.

5.3. The distance-purchase contract between the Seller and the Customer is deemed to have been concluded at the time of receipt by the Customer of his / her e-mail and / or SMS sent to his / her telephone on a notification-confirmation that the Goods included in the Order are ready for dispatch.

5.4. The sale-purchase contract concluded between the Customer and the Seller consists of the present General Terms and any other additional agreements between the Seller and the Buyer.

5.5. Carbon Touch BG Ltd is not responsible if the Customer has indicated(provided) incorrect and / or incomplete data in a given order at "www.carbontouch.eu".

6. ONLINE SALES POLICY

6.1. The Customer has the right to post comments about the Goods, as well as to contact Carbon Touch BG Ltd. at the indicated addresses in the "contacts" section of the Platform. Posts or messages that contain obscene words or inappropriate vocabulary will be removed from the Platform or ignored.

6.2. The communication with the Seller can be done through a direct connection or the addresses listed on the Platform in the Contacts section.

6.3. All Platform Goods prices are final, they are denominated in BGN or their Euro equivalent with VAT included. Prices do not include delivery costs, which are determined in accordance with the delivery method chosen by the Customer when preparing the Order.

6.4. In the case of online payments or bank transfer payments, Seller is not responsible for any charges in connection with fees, commissions or other additional payments made by the Buyer or his bank for the transaction itself, or in the case of exchange of currency, applied by the bank issuing the customer`s card in cases where the currency is different from BGN.

6.5. All images displayed on the Platform are solely intended to give some insight about the type of Goods offered, rather than to represent it accurately. Accordingly, it is possible that some of the Goods in the Platform (static / dynamic images / multimedia presentations / etc.) may not match the appearance of the Goods in question. Seller is not responsible for such discrepancies.

6.6 Size and match information published on the site should be interpreted as indicative. Carbon Touch BG Ltd. permits the existence of discrepancies between the announced and the actual dimensions for which it is not responsible.

7. RIGHT OF INTELLECTUAL AND INDUSTRIAL PROPERTY

7.1. Content, as defined in the "Definitions" chapter, including but not limited to logos, any graphic images or inscriptions, trade symbols, dynamic symbols, texts and / or multimedia content of the Platform, are subject to the exclusive right to use of  arbon Touch BG Ltd.

7.2. All content on this site, including, but not limited to, photographs, design, graphics, logos, text images are reserved under applicable law!

7.3. All content on this site, including, but not limited to, photographs, designs, graphics, logos, images is subject to protection under the Copyright and Related Rights Act and / or the Trademarks and Geographical Indications Act and is or has been provided for the use of Carbon Touch BG Ltd and their use in an unregulated manner would constitute a violation of the current legislation.

7.4. All content on this site, including, but not limited to, photographs, design, graphics, logos, images are the exclusive intellectual property of Carbon Touch BG Ltd. and are subject to protection under the Copyright and Related Rights Act and the Trademarks Act and Geographical Indications Act, such that they may not be used in any way without the prior written consent of Carbon Touch BG Ltd.

7.5. Nothing included in the agreement concluded between Carbon Touch BG Ltd and the Customer at a distance will be considered as an authorization by Carbon Touch BG Ltd for the Customer to copy, distribute, publish, make available to third parties, change by whatever any way or any part of the Content, including, but not limited to, the contents of the trademarks, logos, multimedia content of the Platform, or goods descriptions in any manner whatsoever. The Customer is not allowed to transfer, sell, distribute materials created by reproducing (copying), modifying or publishing the Content except with the explicit consent of Carbon Touch BG Ltd.

7.6. Any Content to which the Customer has access, regardless of the means, is subject to regulation under these terms and conditions.

7.7. The Customer may only copy, transfer, and / or use the Content for personal non-commercial purposes unless this is contrary to the provisions of this Chapter of this document.

7.8. Simply sending to the Customer or referring to the Content or parts of it by Carbon Touch BG Ltd will not be considered as an agreement on the part of the Company to allow the Customer to use the Content or parts thereof for purposes other than its personal regardless of the means of communication used by Carbon Touch BG Ltd.

8. ORDER

8.1. The Customer may place orders on the Platform by adding the desired Goods to the Shopping Cart, following the steps specified in the Platform to complete and send the Purchase Order. 

8.2. Any Product added to the Shopping Cart can be purchased if available. Adding a Product to a shopping cart without completing the Order does not result in sending the order being or saving automatically the Merchandise.

8.3. By confirming the order "Carbon Touch BG" Ltd. confirms the delivery of the respective requested number of the Products with which the contract is considered concluded.

8.4. The Customer undertakes and is responsible for ensuring that all data provided to Carbon Touch BG Ltd. in connection with the Order are accurate, complete and punctual up to the date of dispatch of the goods. The personal data provided is processed in accordance with the Privacy Policy declared on the platform. https://www.carbontouch.eu/privacy-policy

8.5 In the case of incorrect address, contact person and / or telephone when filing the application Carbon Touch BG Ltd. through "www.carbontouch.eu" is not bound by any obligation to fulfill the order.

8.6. With the sending of the order, the Customer authorizes "Carbon Touch BG" Ltd to contact him in any possible way when this is necessary regarding his order or the concluded Contract.

8.7. The Seller has the right to refuse to execute (cancel) the Order made by the Customer, for which he should notify the Customer. Cancellation of the order does not entail any liability or consequent liability by any side of the contract, and respectively none of them may seek compensation from the other part for its cancellation in the following cases:
• non-acceptance by the payee's bank of the online payment transaction;
• realization of the monetary transaction, which does not lead to the payment of funds to Seller's account when making on-line payments
• the data provided by the Customer in the Platform is incomplete and / or incorrect.

9. REFUSAL OF THE CONTRACT OF DISTANCE

9.1 The Buyer has the right to withdraw from this contract without giving any reasons for this within 14 days of the date on which he or a third person other than the carrier and indicated by the Buyer has taken possession of the goods.

9.2. In order to exercise his / her right of withdrawal, the Customer must notify "Carbon Touch BG" Ltd. (through Alexander Hristoslavov Popov, Sofia, Orlandovtsi-Malashevtsi, Zaria Street 5, email: office@carbontouch.eu) about his/her decision to give up the contract with an unequivocal application (such as a letter sent by post or e-mail). The customer may use the standard withdrawal form here, but this is not required. The customer may also fill in and submit electronically the standard denial form or other unambiguous denial request to our carbontouch.eu website. If the Customer uses this option, Carbon Touch BG Ltd will immediately send a confirmation receipt of the refusal by e-mail, for example. In order to comply with the withdrawal period, it is sufficient that the withdrawal notice was sent before the expiry of the withdrawal period.

9.3. The Buyer must send or return the goods to the following address in 1225 Sofia, Orlandovtsi-Malashevtsi, 5th Zaria Str. without undue delay and in any case not later than 14 days after the day the Buyer has informed The seller for his refusal of this contract. The time limit is deemed to have been observed if the goods were returned back before the end of the 14-day period.
9.4. The buyer must pay all the costs of returning the goods.

9.5. The seller is obliged to refund the paid price of the Contract concluded from a distance from which the Customer has declined within 14 (fourteen) days from the date on which he has received evidence from the Customer that he/she has returned the relevant Product – subjest of the contract. The amount will be refunded as follows without incurring any additional costs to the Customer unless the Bank servicing it requires any fees:
• Payments made by debit or credit card - by reimbursement to the account from which the payment was made
• Payments made via cash on delivery - to a bank account additionally provided by the Customer

9.6. The seller has the right to delay the refund of the money in cases of withdrawal of a Contract until the receipt of the Goods sold or receipt of proof that they have been sent unless he has not offered to take the Goods on his own, early.

STANDARD EXERCISE FORM OF RIGHT OF REFUSAL
To ...........................
/ name of trader /
.............................................................................. ..
/ address, UIC /
I hereby declare that I am giving up my purchase contract for the following goods / services:
.......................................................... /Description of the product/
The goods are ordered on ......................
Goods received on ...................... / indicate the date of receipt by the user /
................................................................................. ../ User name /
Gr / s ...................................................................... / User Address /
 
................... ..................................
/ Date / / Signature of the user /
 For more information, please visit the Consumer Protection Commission website here: CPC

10. PRODUCTS FOR WHICH THE CUSTOMER HAS NO RIGHT TO WITHDRAWAL

10.1. The Customer has no right to renounce the concluded Contract in the following cases:
• for the supply of goods or services which price depends on fluctuations in the financial market that can not be controlled by the trader and which may occur during the period for exercising the right of withdrawal;
• for the supply of goods special made for the consumer or according to his individual requirements;
• for the supply of goods which, by their nature, may deteriorate or have a short expiry date;
• for the supply of packed (sealed or vacuumed) goods which packing have been opened after delivery and can not be returned for reasons of hygiene or health protection;
• for delivery of goods which, after being delivered and by their nature have been mixed with other goods from which they can not be separated;

11. CONFIDENTIALITY

For full details, see our Privacy Policy here 

12. INVOICE - PAYMENT

12.1. The prices of the Goods declared in the Platform are final and include VAT as well as any other taxes and fees provided by the applicable Bulgarian legislation.

12.2. The price, method of payment and payment period for issuing invoices are specified in each order. 

12.3. The Customer is obliged to provide all necessary information for issuing the invoice in accordance with the actual Bulgarian legislation.

12.4. The Seller will issue to the Customer an invoice for the Goods ordered and delivered based on the information provided by the Customer.

13. DELIVERY OF GOODS

13.1. Seller is obliged to deliver the ordered and purchased Goods by himself or through a courier company to an address specified by the Buyer or in the office of the courier company, depending on the choice of the Customer. In the case of delivery to the customer, the Customer must indicate the floor to which the goods have to be delivered in the address field in the carbontouch.eu electronic form specified for that. Otherwise, the delivery will be made to the building listed as delivery address.

13.2 The goods are delivered appropriately packaged according to their type and transport for delivery. 

13.3 Upon delivery of the goods, the Customer or a third person signs the accompanying documents. A third person is considered to be a person who is not the owner of the application but accepts the goods of delivery and is present at the address specified by the customer.
In case that the Customer is not found within the deadline for delivery at the specified address or if there is no access and conditions for delivery of the goods within this period, Carbon Touch BG Ltd shall be released of its obligation to deliver the goods ordered for purchase. The customer can confirm his willingness to receive the goods after the expiry of the delivery period in which he has not been found at the address, assuming all delivery costs. In this case, a new delivery period begins from the moment of confirmation.

13.4. (1) "Carbon Touch BG" Ltd. shall deliver the goods to the territory of Bulgaria as well as abroad. Delivery outside of the country is only possible upon payment by credit or debit card and at a pre-agreed delivery price.
(2) Supplies that are not made personally by the Seller for the territory of Bulgaria are performed by the courier company Econt Express at the tariff announced on the courier's website: https: /www.econt.com/services/courier-services. The deliveries outside the border of Bulgaria are performed by courier company DHL, Bulgarian postal offices, One Post and more.
(3) The cost of delivery, if any, will be apparent after the desired Product (s) have been placed in the cart.
(4) Delivery in the country of orders over 100.00 BGN and total weight up to 30 kg. is free of charge, and the order execution time is from 1 to 10 business days (except when a longer term is specified on the product page)
(5) Delivery outside the country of orders over 100.00 euro. and a total weight of up to 20 kg. is free of charge, and the order execution time is from 1 to 10 business days (except when a longer term is specified on the product page)
(6) The delivery price for a total amount of the order up to BGN 100.00 and a total weight of up to 30 kg. is 3.50 BGN with VAT for the territory of Bulgaria. The delivery price for a total amount of the order up to EUR 100.00 with VAT and a total weight of up to 20 kg. It is 10 euro outside the territory of Bulgaria.

14. WARRANTIES

14.1. The seller offers all Goods of the Platform with a guarantee of conformity of the goods with the Contract in accordance with the applicable legislation. An exception is made for certain categories of goods which by their special nature can not be guaranteed. Each seller is solely responsible for the compliance of the Goods / Service offered by him / her with the Contract.

15. TRANSFER OF OWNERSHIP

15.1. The ownership of the Goods will be transferred from Seller to the Purchaser after the payment has been made by the Seller. The delivery of the Goods will be certified by the Buyer's signature of the transport document provided by the courier or on the invoice upon personal delivery by the Seller.

16. RESPONSIBILITY 

16.1 The Seller shall not be liable for any damage suffered by the Buyer as a result of force majeure  circumstances beyond the control of the Seller.

17. FORCE MAJEURE CIRCUMSTANCES

17.1. Non of the parties to the contract  will be held liable for non-performance of its contractual obligations if such action is due to force majeure. Force majeure is an unpredictable event beyond the control of the contract parties that can not be avoided.

17.2. If no later than 14 (fourteen) days from the date of the relevant event, either party has the right to notify the other party that it will terminate the Contract without incurring the other damages for any possible damage.

18. APPLICABLE LAW - JURISDICTION 

This agreement is regulated by the Bulgarian law. Any disputes arising between Carbon Touch BG Ltd and Customers will be resolved in a spirit of understanding and goodwill by mutual consent or, if that is not possible, the disputes will be resolved in the competent Bulgarian court in accordance with the rules of local legislation, without violating Customer`s rights within the meaning of the Consumer Protection Act.

For more information, please visit the Consumer Protection Commission website here: CPC or the European Commission's Online Dispute Resolution website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=BG

These Terms and Conditions will enter into force on March 1, 2019.