GENERAL TERMS AND CONDITIONS OF E-SHOP „KALIMANCARIBE.COM”

 

 

Please read these General Terms and Conditions carefully before using this website. By accessing and using this website, you agree to these terms and accept them unconditionally and without restriction. In the event that you DO NOT ACCEPT the General Terms and Conditions, please do not use this website.

 

This document contains the General Terms and Conditions, according to which Kaliman Caribe Ltd. provides services to its users through the online store www.kalimancaribe.com. These conditions are binding for all Clients. Clients are considered notified and express their consent to the same before making the request to purchase goods from the e-shop.

 

By using www.kalimancaribe.com you declare and guarantee that you are at least 18 years old.

 

  I. GENERAL PROVISIONS

 

Art. 1. www.kalimancaribe.com is a website for e-commerce on the territory of the Republic of Bulgaria, the publication of which has the meaning of a public invitation for concluding a contract for purchase of goods under Art. 3 of these General Terms and Conditions from Kaliman Caribe OOD. The contract with the Client is concluded by sending an offer by the Client in the form of a purchase request made through www.kalimancaribe.com, accepted and confirmed by "Kaliman Caribe" Ltd. by e-mail.

 

Art.2. (1) These General Terms and Conditions are intended to regulate the relations between Kaliman Caribe OOD, UIC 831707273, with registered office and address of management: Republic of Bulgaria, Sofia, Sofia-city district, Sofia Municipality, 118 Bulgaria Blvd., Abacus Business Center, 2nd floor, represented by Ms. Olya Docheva - Manager, hereinafter referred to as the Supplier, and the Clients (users, recipients of the service) of the e-shop www.kalimancaribe.com. Client within the meaning of these General Terms and Conditions means any legal entity or individual visiting or using the website for the purchase of goods under Art. 3 of these General Terms and Conditions offered in the e-shop.

 

Art. 3. The object of sale are the goods offered on the website at the time of the purchase request by the Client, which are marked as available, the button "ADD TO CART" is active and are allowed for supply and sale at a distance through the services of the electronic society.

 

Art. 4. The Supplier delivers the goods under art. 3 of these General Terms and Conditions and guarantees the rights of the Clients, provided by law, within the framework of good faith and the criteria and conditions adopted in practice, consumer or commercial law.

 

 

ІІ. DATA ABOUT THE SUPPLIER AND THE OFFERED GOODS AND SERVICES

 

Art. 5. Information provided in accordance with the requirements of the Electronic Commerce Act and the Consumer Protection Act:

 

1. Name of the Supplier: Kaliman Caribe OOD

2. Registered office and address of management: Republic of Bulgaria, Sofia, Sofia-city district, Sofia Municipality, 118 Bulgaria Blvd., Abacus Business Center, 2nd floor

3. Address for exercising the activity: Republic of Bulgaria, Sofia, Sofia-city district, Sofia Municipality, 118 Bulgaria Blvd., Abacus Business Center, 2nd floor

4. Correspondence data: Bulgaria, Sofia - 1618, Sofia-city district, Sofia Municipality, Manastirski Livadi district, 118 Bulgaria Blvd., Abacus Business Center, 2nd floor, tel. 02 9531180, email contact@kaliman.bg

5. Entry in public registers:

Registration in the Commercial Register at the Registry Agency - UIC 831707273

Permit for trade in tobacco products No – BG005800Q00088

6. Registration under the Value Added Tax Act № BG831707273

7. Supervisory authorities:

(A) Commission for Personal Data Protection

Address: Sofia, 15 Ivan Evstatiev Geshov Str.,

phone 02 / 91-53-515, 02 / 91-53-519

fax 02 / 91-53-525

Email: kzld@cpdp.bg

Website: www.cpdp.bg.

(B) Consumer Protection Commission

Address: 1000 Sofia, 1 Vrabcha Str., 3rd, 4th and 5th floors,

tel .: 02/933 05 65

fax: 02/988 42 18

hotline: 0700 111 22

Email: info@kzp.bg

Website: www.kzp.bg

 

(C) Commission for Protection of Competition

Address: Sofia 1000, 18 Vitosha Blvd.

Phone: (02) 935 61 13

Fax: (02) 980 73 15

Email: cpcadmin@cpc.bg

Website: www.cpc.bg.

 

(D) Ministry of Finance

Address: Sofia 1040, 102 G. S. Rakovski Str.

Phone: (02) 9859 2639, 2634

Email: feedback@minfin.bg

Website www.minfin.bg/bg

 

8. Main characteristics of the offered goods and/or services: the characteristics of the offered goods are indicated on the presentation page of each item.

9. Price of the goods or services (including all taxes and fees): the price of the offered goods, which are subject to sale (the goods under art. 3), is indicated under each specific item. The price is final and is indicated in Bulgarian levs/BGN/ including all taxes and fees.

10. Value of the costs related to the delivery of the ordered items (postage and transport costs): the costs related to the delivery of the ordered goods are at the expense of the Customer or at the expense of the Supplier according to section VI of these General Terms and Conditions.

11. Value of use of the means of distance communication, when it is calculated in a different way from the one indicated in the main tariff: Kaliman Caribe OOD does not impose additional value on the means of communication with the Company.

12. Method of payment, delivery and performance of the contract, the same are described in detail below in subsection IV, V and VI.

13. Period for which the offer or price remains valid: binding for both parties are the prices indicated in this e-shop at the time of submitting the application. They are valid until the quantities are exhausted.

14. Minimum duration of the contract: Kaliman Caribe Ltd. does not offer contracts with permanent or periodic delivery of goods or services.

 

 

III. RIGHTS AND OBLIGATIONS OF THE PARTIES

 

A) Rights and obligations of the Client:

 

Art. 6. (1) The client has the right:

•  to review the goods, their characteristics, prices and delivery conditions;
•  to order goods from the e-shop www.kalimancaribe.com under the terms and conditions specified in these General Terms and Conditions;
•  to receive the ordered goods / goods at the delivery address indicated by him, after receiving an email with all the details of the order made;
• to receive a detailed reference / receipt for the purchase made by him, which should contain information about all purchased goods - type; number; unit value of each product; delivery cost; total amount due; identification data of the supplier company, including address, telephone and other means of contact;
•  to receive information about the status of his/her own order;
• upon delivery of the goods to receive in writing the information under Art. 54 of the Consumer Protection Act;
• to record or print individual parts of the content of the site, but only for non-commercial and personal purposes, provided that it retains all inscriptions related to copyright and other property rights over them.

(2) A Client, having the quality consumer within the meaning of the Consumer Protection Act, shall also have the right to all other rights according to the Consumer Protection Act.

(3) The Client is not allowed to use the site to send any material whose content is illegal, false, misleading, threatening, inciting, insulting, harassing, disgraceful, defamatory, obscene, pornographic, religious, or material that predisposes to behavior, which would be considered a criminal offense, could lead to civil, administrative or criminal liability, or otherwise violate the law and good morals. In case the Client does not comply with this obligation, he bears full responsibility for damages caused to Kaliman Caribe OOD.

 

Art. 7. The Client is fully responsible for the protection of his/her username (which is e-mail) and password, as well as for all actions performed by him or by a third party using the username and password.

 

Art. 8. The Client is obliged

• use his/her real identity;
• to provide true and accurate information about his/her name, surname, exact delivery address, contact telephone number and e-mail address;
• maintain and timely update the information he/she has provided in order to keep it true, accurate, current and complete;
• to pay the price of the ordered goods, indicated in the information when generating and confirming the order;
• to provide an opportunity for the goods to be received at the specified delivery address.

 

B) Rights and obligations of Kaliman Caribe OOD:

 

Art. 9 Kaliman Caribe OOD has the right to:

• to receive in due time all amounts due for the purchased goods;
• at any time and without notice to make changes in the published materials, services and prices;
• to receive from the Client, upon expressed consent of him/her, the following data: name (for individuals personally and surnames, for legal entities and sole traders - name of the company), delivery address, telephone and e-mail address;
• has the right to collect and use information about its customers in order to improve the quality of the goods and services offered by it and the satisfaction of consumer needs, as well as to study the satisfaction with the purchased goods and the quality of the offered service;
• at any time, without notifying the Client, when the latter uses the site in violation of these terms, as well as at the discretion of Kaliman Caribe Ltd., to terminate the user's access to the site.

 

Art. 10. Kaliman Caribe Ltd. guarantees the supply of products that meet all quality requirements.

 

Art. 11. Kaliman Caribe OOD undertakes::

• to transfer to the Client the right of ownership over the goods ordered by him;
• to deliver to the Client the goods ordered by him in time and under the terms of delivery published on this website and these General Terms and Conditions.

 

 

IV. CONCLUSION OF CONTRACT FOR SALES

 

Art. 12. (1) The Client and the Supplier enter into a contract for purchase and sale of the goods under Art. 3 of these General Terms and Conditions, offered by "KALIMANCARIBE.COM", through the interface of the Supplier, available on its website at http://www.kalimancaribe.com/. These general terms and conditions are an integral part of any sales contract.

(2) The contract is concluded in Bulgarian and is stored for 1 year. Upon request from the Client, the Supplier provides him with information about the concluded contract by e-mail.

(3) Pursuant to the contract of sale concluded with the Client, the Supplier is obliged to deliver and transfer the ownership to the Client  the goods ordered by him through the interface of the site www.kalimancaribe.com.

(4) The Client pays to the Supplier the price of the delivered goods in accordance with the conditions set out on the website of "KALIMANCARIBE.COM" and these General Terms and Conditions.

(5) The Supplier delivers the goods ordered by the Client within the terms and conditions specified by the Supplier on the website of "KALIMANCARIBE.COM" and these General Terms and Conditions.

 

Art. 13. (1) The Client and the Supplier agree that all statements between them in connection with the conclusion and execution of the contract of sale may 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 assumed that the electronic statements made by the Clients on the site are made by the persons specified in the data provided by the Client upon registration, if the Client has entered the relevant name and password for access.

 

Art. 14. (1) The Supplier and the Client enter into separate contracts for the purchase and sale of goods requested by the Client, regardless of whether they are selected with one electronic request and are from one list of goods for purchase.

(2) The Supplier may deliver together and simultaneously the goods ordered with the separate contracts for purchase and sale.

(3) The Client's rights in relation to the delivered goods are exercised separately for each contract of sale. The exercise of rights in relation to the delivered goods does not affect and has no effect in respect of contracts for the sale of other goods. In case the Client has the quality of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract of sale of certain goods does not affect the contracts of sale of other goods delivered to the consumer.

 

Art. 15. When exercising the rights under the contract of sale, the Client is obliged to indicate precisely and unambiguously the contract and the goods in respect of which he exercises the rights.

 

Art. 16. The Client can pay the price for the individual contracts of sale at once when ordering the goods or their delivery.

 

Art. 17. The purchase of goods in the online store is available both for Clients - registered Users and for Clients who fill in their data once in the order (order as a guest).

 

А) User registration:

 

Art. 18. The registration of the site is free and allows the Client to avoid entering his personal data with each purchase. In order to register on the website www.kalimancaribe.com, the Client must fill in the online registration form. The Client is obliged to provide complete, accurate and accurate data. In case of providing incorrect or incomplete data, Kaliman Caribe OOD has the right not to deliver the order, as well as to terminate the maintenance of the user's registration without notice.

 

Art. 19. In order to register the Client, it is necessary to follow the following steps:

1. Select the "Login for registration" button;

2. Entering personal data;

3. Entering delivery data;

4. If the Client wishes, he/she notes with a check button that he/she wants to receive an invoice, after which he/she enters invoice data;

5. With a check button the Client agrees with the present General Terms and Conditions and Privacy Policy and gives his/her explicit consent for concluding a distance contract within the meaning of the Consumer Protection Act;

6. The registration is completed by pressing the "Registration" button.

 

Art. 20. (1) After the registration, the Client receives a confirmation of the registration with the details to the e-mail specified by him/her, as well as access to the services of the electronic catalog.

(2) The Client is obliged to keep the username (e-mail) and password and is fully responsible for all actions that are performed with them.

(3) In case of a lost (forgotten) password, Kaliman Caribe Ltd. generates a new password to the Client's e-mail.

 

Art. 21. (1) A Client who has registered on the site of E-SHOP "KALIMANCARIBE.COM" can enter his/her account through the e-mail and password established during registration.

(2) Through a link in the menu "Edit profile", the Client will be able to edit his/her personal data, change his/her password and delivery address. The site does not allow changing the e-mail address of the Client, which serves as a username. If it is necessary to change the e-mail address of the Client, a new registration should be made.

 

B) Conclusion of a contract by a registered user:

 

Art. 22. (1) The procedure for concluding the contract is standard and passes through the following stages:

1. Consideration of the offered products for sale under art. 3 of these General Terms and Conditions: The Client views freely and/or enters his/her own profile by entering his/her username (e-mail) and password and selects the product he wishes to order.

1. By clicking the "Add to cart" button, the product selected by the Client will appear in the shopping cart. An unlimited number of products can be added to it, as well as those that the Client waives can be removed..
2. When selecting the "Order" button, the Client sees the selected products until the moment of shopping with a photo; product name and number; requested quantity, unit price and total price. After entering the consumer basket, the Customer can change the quantity of the selected product/s or delete it from the consumer basket, in case he/she wants to cancel the selected item. 
3. Before completing the order, the Client has the opportunity to make a correction in the delivery data by clicking "Change".
4. If he/she wishes to receive an invoice, the Client notes this circumstance with a check button and enters invoice data in the field "Delivery address and invoice". The customer can also leave a message in free text in the form to "Payment methods".
5. After the Client is convinced that all the information about the order is correct, select the button "Complete the order", with which the order is registered by the Supplier. Before completing the order, the Client notes that he/she is familiar with the General Terms and Conditions and the Privacy Policy.
6. After the completion of the order, a new window opens, on which the order made by the Client is visualized, which he/she can print and/or order again the selected products or part of them.

 

(2) Detailed data for the registered request are received by the Client at the e-mail address indicated by him. Within 1 full working day from the registration of the order, the Provider sends to the Client an email to confirm the order, with which the contract is considered concluded.

(3) Upon indication by the Client during the execution of the order of an incomplete, incorrect or wrong address or telephone number, it shall be considered that the same is invalid and no obligation arises for its execution by Kaliman Caribe OOD.

(4) According to the Electronic Commerce Act, the statement for concluding the contract and the confirmation of its receipt are considered received when their addressees have the opportunity to access them.

 

C) Conclusion of a contract by an unregistered user:

Art. 23 (1) The procedure for concluding the contract is standard and passes through the following stages:

1. Consideration of the offered products for sale under art. 3 of these General Terms and Conditions: The Client views freely and selects the product he wishes to order.
2. By clicking the "Add to cart" button, the product selected by the Client will appear in the shopping cart. An unlimited number of products can be added to it, as well as those that the Client waives can be removed.
3. When selecting the "Order" button, the Client sees the selected products until the moment of shopping with a photo; product name and number; requested quantity, unit price and total price. After entering the consumer basket, the Client can change the quantity of the selected product or delete it from the consumer basket in case he wants to cancel the selected item. 
4. Before completing the order, the Client is obliged to fill in his personal data in the field "Delivery address and invoice" by filling in complete, correct and accurate all data required by the Supplier, and by clicking the check button to agree with the General Terms and Conditions of Shopping and the Privacy Policy set forth on the website of Kaliman Caribe OOD.
5. If he/she wishes to receive an invoice, the Client shall mark this circumstance with a check button and enter data for the invoice in the field "Delivery address and invoice". The Client can also leave a message in free text in the form to "Payment methods".
6. 6. After the Client is convinced that all the information about the order is correct, select the button "Complete the order", with which the order is registered by the Supplier. Before completing the order, the Client notes that he is familiar with the General Terms and Conditions and the Privacy Policy.
7. After the completion of the order, a new window opens, on which the order made by the Client is visualized, which he can print and/or to order again the selected products or part of them.

 

(2) Detailed data for the registered application shall be received by the Client at the e-mail address indicated by him. Within 1 full working day from the registration of the order, the Supplier sends to the Client an e-mail to confirm the order, with which the contract is considered concluded.

(3) When the Client indicates an incomplete, incorrect or wrong address or telephone number when placing the order, it is considered that it is invalid and there is no obligation for its execution by Kaliman Caribe OOD.

(4) According to the Electronic Commerce Act, the statement for concluding the contract and the confirmation of its receipt are considered received when their addressees have the opportunity to access them.

 

V. PRICE AND METHODS OF PAYMENT

 

Art. 24. (1) All prices of the goods in the e-shop of www.kalimancaribe.com are in Bulgarian levs/BGN/. The announced prices for the goods are final, valid for the day of the order and include VAT. The price of the products does not include the delivery price.

(2) The price of the separate offered goods for sale under art. 3 of these General Terms and Conditions is placed immediately below the photo of the respective product in Bulgarian levs/BGN/.

 

Art. 25. (1) The price of goods ordered from the online store can be paid by cash on delivery.

  (2) Upon payment by cash on delivery, the Client shall pay the amount due to the courier who performed the delivery.

 

Art. 26. The term for execution of the order starts from the day following the date of its sending.

 

Art. 27. (1) The Supplier may at any time and without notice make changes in the published goods and prices.

(2) In case of change of the prices of products in promotion announced on the site, the change is reflected in a clear way for the Client, as next to the specific product is indicated an old price, which is crossed out, and a new price, indicated in golden color.

(3) The change in the price of the goods shall not affect the contracts, which have already been concluded.

(4) When reducing the price of a promotional product, in addition to the indication of the old and new price of the product, the site will indicate the conditions under which the reduction of prices and the period during which the goods are offered at reduced prices.

 

 

VI . DELIVERY

 

Art. 29. (1) The goods ordered from the electronic catalog are delivered by courier "Speedy" AD (hereinafter Speedy) to the address specified in the order.

(2) When ordering a lighter from the e-shop, it shall be sent without butane content in it according to the legal requirements. The customer agrees that the inability to test the ignition upon receipt of the lighter is not a defect in the product.

 

Art. 30. (1) The price of the goods does not include the amount for delivery.

(2) When buying goods worth up to BGN 99.99 /ninety-nine and ninety-nine/ inclusive, delivery is in the amount of BGN 8.00 /eight/ with VAT, valid for the whole country.

(3) In case of purchase of goods worth over BGN 100.00 /hundred/, the delivery is free for the whole country.

(4) The Cash on Delivery service is at the expense of Kaliman Caribe OOD.

(5) The customer agrees that when ordering more than one item he can receive his order in separate shipments, without aggravating the price for delivery.

(6) The indicated price is for courier services in Bulgarian levs/BGN/ with VAT included.

(7) The delivery time in Bulgaria is 3 working days, except for the settlements with a service schedule.

(8) The delivery is made within the day (from Monday to Friday). Speedy's opening hours are until 18:00 on weekdays. Speedy's offices have different working hours, in Sofia they are until 19:00, and in the country - until 17:30 or 18:00. Every Saturday the working hours of Speedy are half a working day and shipments are delivered until 14:30, except for settlements with a service schedule. On holidays and busy campaign periods, the working hours are determined additionally.

(9) The prices are for door-to-door delivery to the customer, as well as for delivery to Speedy's office.

(10) For additional information the Client can visit the website of Speedy - www.speedy.bg. The full terms of delivery are specified in the official General Terms and Conditions of Speedy AD: https://www.speedy.bg/bg/terms-and-conditions

 

Art. 31.  In case of a shipment refused by the client, after confirmation of the order, a courier service for the transport by the Client is paid.

 

Art. 32. The delivery will be made no later than 2 working days from the day following the date of sending the order, according to the courier request made by the Customer and the conditions specified by Speedy.

 

Art. 33. (1) The Supplier has the right to deliver the goods to the address indicated for delivery to the Client or to a third adult, who accepts and confirms its receipt on behalf of the Client and signs the accompanying documents.

(2) The service for delivery of the consignments may require the provision of an identity card by the Client for the purpose of comparing the data. The courier must refuse to provide a shipment to persons under 18 years of age if it contains alcoholic beverages.

 

Art. 34. (1) If the Client does not provide conditions for acceptance of the goods or is not found at the address specified by him within the above period, the courier makes a maximum of 2 attempts to find him/her by phone and at the specified address, and if it does not find the Client or his/her representative again, the Supplier is released from its obligation to deliver the ordered goods and the contract is terminated.

(2) Redirection of the shipment (change of delivery address) within the same city is not charged additionally, but is done the next day according to the policy of "Speedy" AD.

 

Art. 35. Deliveries are not made on weekends and public holidays.

 

Art. 36. Upon receipt of the goods, the Client is also provided with the following documents: if such is requested - original invoice with VAT included (if expressed wish by the Client); receipt; handover protocol; bill of lading; form for exercising the right of refusal and information under Art. 54 of the Consumer Protection Act.

 

Art. 36. (1) In case of non-compliance of the ordered goods with the received goods, in case there is damaged packaging, a report is drawn up at the delivery in the presence of the courier and the irregularities are described. In case there is no damaged packaging, the customer decides whether to accept the goods or refuse it (the rules for refused consignment apply).

 

Art. 37. (1) The Client must inspect the goods at the time of delivery and its providing and if the goods do not meet the requirements, to notify the Supplier immediately.

(2) If the Client does not notify the Supplier according to par. 1, the goods are considered approved as meeting the requirements, except for hidden defects. For Clients who have the quality of a consumer within the meaning of the Consumer Protection Act, the provisions and terms regulated in the Consumer Protection Act shall apply.

(3) In case of exercising the right of withdrawal from the supply contract under para. 1, the costs of returning the goods shall be borne by the Client. When returning a lighter product, it should be sent empty of butane.

 

VII. TERMINATION OF THE CONTRACT

 

Art. 38. The contract is terminated in the following cases:

•  with its implementation;
•  by mutual consent of the parties, expressed in writing;
•  in case of objective impossibility of any of the parties to the contract to fulfill its obligations under it;
•  in case of exercising the right of withdrawal under the Consumer Protection Act.
•  in other cases provided by law.

 

 VIII. REFUSAL, COMPLAINT AND REIMBURSEMENT

 

А) Refusal of delivered goods

Art. 39. A Client who has the status of a consumer within the meaning of the Consumer Protection Act has the right, without paying compensation or penalty and without stating a reason, to withdraw from the contract within 14 days from the date of receipt of the goods. Within the above period, the Client is obliged to store the goods received from the Supplier, their quality and safety.

 

Art. 40. If a Client, having the quality of a consumer within the meaning of the Consumer Protection Act, refuses the delivered goods within the above term, he should notify Kaliman Caribe OOD through the available contact form on the website www.kalimancaribe.com or on the indicated telephone number and/or e-mail address and to return the goods with their original labels, without indications that the goods have been used, without being damaged or treated in any way and in compliance with all other conditions under Article 55 of Consumer Protection Act. The goods may be returned by sending them to the address of the issuing store. Or to hand over the goods in one of the sites of the trade network of Kaliman Caribe OOD. The costs of returning the goods are at the expense of the Client.

 

Art. 41. All goods can be returned, except for those delivered according to individually specified by the Client requirements and parameters (goods individual order).

 

Art. 42. (1) After receiving the returned goods and reviewing them, the Supplier refunds to the Customer the price paid by him/her /excluding return shipping costs/ by bank transfer no later than 14 days from the date on which the Client has exercised his right to withdraw from the contract. Each Client can exercise his right to have the product replaced with another product of his choice.

(2) The Client is responsible for reducing the value of the goods as a result of testing them, other than what is necessary to establish their nature, characteristics and good functioning.

 

B) Order cancellation

Art. 43. In case the Client wishes to refuse an order already placed, some of the products in it or to replace one ordered product with another, he/she must call by phone as soon as possible (no later than 6 hours after the order has been placed), notify Kaliman Caribe OOD. It is necessary the Client to announce the number of his/her order for which he wants a correction and to indicate precisely and clearly the change.

 

C) Claims

Art. 44. (1) The Client has the right to claim in case of any discrepancy of the goods with the agreed.

(2) Upon filing a claim for goods, the Client may claim a refund of the amount paid, replacement of the goods with another, corresponding to the agreed, a deduction from the price or for free adjustments/repairs.

(3) The Client has the right to claims if the defects are not due to his/her illegal behavior and if there are no damages to the goods caused by its improper use.

(4) When filing a claim, the Client must enclose the documents on which the claim is based: receipt or invoice; protocols, acts or other documents establishing the non-conformity of the goods or services with the agreed; other documents establishing the claim on the grounds and amount.

(5) A Client who has the status of a consumer within the meaning of the Consumer Protection Act may file a complaint within the terms specified in the Consumer Protection Act. For a Client who does not have the quality of a consumer, the terms specified in the Law on Obligations and Contracts are applicable.

(6) The transport costs for sending goods to the Client due to a respected claim shall be borne by Kaliman Caribe OOD.

 

D) Dispute resolution

Art.. 45. The Client has the right to refer all disputes with the Supplier regarding the implementation of a contract to the platform for alternative dispute resolution (ADR) out of court, available at: https://kzp.bg/pomiritelna-komisiya?fbclid=IwAR2GVUzjUsXDwVDXF kCGM3q7u3QYVhfEdMN2MvLtY_Lsn0rfEhUWDPkXWk0 or use the online dispute resolution platform (ODRP): https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2. show&lng=BG.

 

IX. PROTECTION OF PERSONAL DATA

 

Art. 47. (1) „Kaliman Caribe OOD, in its capacity of Personal Data Administrator, receives personal data from the persons to whom it relates.

(2) Kaliman Caribe OOD is a Personal Data Administrator established on the territory of the Republic of Bulgaria and processes lawfully and conscientiously personal data in connection with the purposes of its activity.

(3) Kaliman Caribe Ltd. takes measures to protect the personal data of the Client in accordance with the Personal Data Protection Act and the General Regulation on Personal Data Protection Regulation (EU) 2016/679 (GDPR) and collects, stores and processes personal data of the Clients of the grounds, for the purposes, within the terms and in compliance with the rights of the persons according to the Privacy Policy of Kaliman Caribe OOD, available at https://kalimancaribe.com/bg/lichni-danni/.

 

X. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

 

Art. 48. (1) Kaliman Caribe Ltd. reserves the right to unilaterally change at any time the website of the E-SHOP "KALIMANCARIBE.COM", as well as these General Terms and conditions.

(2) It is the Client's obligation to get acquainted with the current terms of use of the site, specified in these General Terms and Conditions.

(3) The changes in the General Terms and Conditions do not affect the relations between the Client and Kaliman Caribe OOD, which have arisen in connection with contracts validly concluded before the changes of the General Terms and Conditions.

 

XI. RESPONSIBILITY

 

Art. 49. The Supplier is not responsible in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.

 

Art. 50. (1) The Supplier is not liable for property or non-property damages, expressed in lost profits or damages caused to the Claims in the process of using or not using "KALIMANCARIBE.COM" and concluding sales contracts with the P Supplier, unless he acted in intent or gross negligence.

(2) The Supplier is not responsible for the time during which "KALIMANCARIBE.COM" is not available due to force majeure.

 

Art. 51. (1) The Supplier is not responsible if in case of possible overcoming of the security measures of the technical equipment this results in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.

(2) The Supplier is not responsible in case of concluding a contract of sale, providing access to information, loss or alteration of data resulting from false identification of a third party who presents himself for the Client, if of the circumstances can be judged that this person is the Client.

Art. 52. The Supplier is not responsible if the Client has not read these General Terms and Conditions.

 

Art. 53. The Client understands and accepts the fact that Kaliman Caribe Ltd. only provides services and is not responsible for any disturbances or technical problems hindering the use of the services due to the operation of computer equipment and the Internet.

 

Art. 54. Kaliman Caribe Ltd. is not responsible for incorrect information provided by the manufacturer about the characteristics of the goods offered on the site.

 

Art. 55. The Website may contain links to third party sites. Kaliman Caribe Ltd. is not responsible for the content, rules for protection of personal information and security of such sites. The link to a foreign site does not imply that Kaliman Caribe Ltd. approves the site and the information in it or the products and services to which it refers.

 

XII. OTHER CONDITIONS

 

Art. 56. The colors of the goods displayed on the site www.kalimancaribe.com depend on the settings of the monitor used by the Client.

 

Art. 57. The content of this website and the technologies used in it are protected by the Copyright and Related Rights Act. All texts, graphics and video materials published on the site are the property of Kaliman Caribe OOD, unless otherwise stated. The use of any materials published on the site is strictly prohibited. Violators will be sanctioned with the full force of the law.

 

Art. 58. (1) The Client and the Provider are obliged to mutually protect their rights and legitimate interests, as well as to keep their trade secrets, which come to their knowledge in the process of performance of the contract and these General Terms and Conditions.

(2) The Client and the Supplier are obliged during and after the expiration of the contract period not to make public written or oral correspondence between them. The publication of correspondence in print and electronic media, Internet forums, personal or public websites, social networks, profiles, etc. can be considered public.

 

Art. 59. In case of conflict between these General Terms and Conditions and stipulations in a special contract between the Supplier and the Client, the provisions of the special contract shall prevail.

 

Art. 60. The possible invalidity of any of the provisions of these General Terms and Conditions will not lead to the invalidity of the entire contract.

 

Art. 61. These General Terms and Conditions comply with the Consumer Protection Act, the General Regulation on Personal Data Protection, the Personal Data Protection Act, the Electronic Commerce Act and the current Bulgarian legislation. The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the implementation and interpretation of this contract.

 

Art. 62. These General Terms and Conditions shall enter into force for all on 1 December 2020.