General terms
I GENERAL CONDITIONS
1. These General Terms and Conditions are intended to regulate the relationship between "Asto Gold" EOOD, with UIC 160070762, represented by the manager Plamen Todorov Kuzmov, hereinafter referred to as the provider, and the customers of the online store, available at the Internet address: www.astogold.bg, hereinafter referred to as the "e-shop", as well as all electronic services provided on the said website.
The General Terms and Conditions define the procedure for concluding the distance purchase contract between the supplier and the customers, their rights and obligations as parties to the contract, as well as the rules for using all electronic services provided by the supplier through the e-shop.
By creating an account as a registered user in the e-shop or by submitting an order as a guest, the customer declares that he/she is aware of these general terms and conditions and the privacy policy, agrees with their content and undertakes to comply with them unconditionally.
II SUPPLIER DETAILS
4. Information according to the e-commerce law and the consumer protection law:
4.1. Name of the supplier.
4.2 Registered office and address of management and business activity. Plovdiv 4000, Hristo Botev Boulevard n°99
4.3. Correspondence data. 4000 Hristo Botev Boulevard, Plovdiv n°99, email: sales@astogold.bg, tel: +359 888342364
4.4. Entry in public registers.
4.5. Registered in the register of personal data controllers and the registers kept by them with identification number No. 4352013, holding certificate No. 4352013/02.02.2018 issued by the Commission for Personal Data Protection.
4.6. Registration with the Ministry of Finance No. 5199
4.7. Registration under the Value Added Tax Act No. bg160070762
III FEATURES AND TERMS OF USE OF THE E-SHOP
5. The e-shop operated by the Supplier is an online shop for the sale of jewellery, accessible at the Internet address www.astogold.bg, through which customers are able to conclude distance purchase contracts for the items offered in the shop, including the following:
5.1. To register and create an account to view the e-shop and use the additional services to provide information;
5.2. To make electronic statements in connection with the conclusion or performance of contracts with the supplier;
5.3. To make any payments in connection with contracts concluded with the supplier, in accordance with the payment methods supported by the e-shop.
5.4. To receive information about new jewellery offered in the e-shop;
5.5. To view the jewellery, its characteristics, prices and delivery conditions as guests or as registered users of the e-shop.
Customers enter into a contract for the purchase and sale of the jewellery offered in the e-shop through the supplier's interface available on its website.
6.1. By virtue of the concluded purchase contract, the Supplier transfers to the Customers the ownership of the ordered jewellery and undertakes to deliver it to them with the relevant certificate of quality and authenticity for the price specified and in accordance with the terms and conditions of the e-shop and these General Terms and Conditions.
6.2. The main characteristics of the jewellery offered by the Supplier are set out in the profile of each jewellery on the e-shop.
6.3.1. The customers and the supplier agree that all statements between them in connection with the conclusion and performance of the purchase contract may be made electronically and by electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Article 11 of the E-Commerce Act.
6.3.2. Electronic statements are presumed to have been made by the persons indicated in the data provided by the customers when registering, if they have entered the corresponding username and password, as well as in the data provided by them in cases where they place the order as guests and do not have a customer account as a registered user in the e-shop.
6.3.3. When registering or placing an order as a guest, customers are obliged to provide correct, up-to-date and all necessary customer data. Customers are obliged, in the event of a change, to promptly update the data provided by them in connection with the conclusion and performance of the distance purchase contract.
6.3.4. The Supplier shall not be liable for non-receipt of ordered goods from the e-shop as a result of incorrect or incorrectly filled in data when placing the order or during registration.
6.3.5. The Supplier shall not be liable in the event that it is not notified in a timely manner of a change in the primary contact e-mail address and other data necessary for the delivery of the jewellery and the performance of the distance sales contract.
The Supplier shall deliver the jewellery and guarantee the rights of the customers as provided for by law, within the framework of good faith, the criteria and conditions accepted in practice, consumer or commercial law.
All prices of the goods in the e-shop are final, they are stated in BGN (BGN) including VAT and any other taxes or fees required by law. If there are prices in other currencies on the site, they are for informational purposes only.
IV Order, conclusion of the distance purchase contract, rights and obligations of the parties under the contract
7. With each jewellery order placed via the e-shop as a guest or as a registered user, the customer declares his/her wish to conclude a distance purchase contract with the supplier.
7.1.The supplier processes the order within the same day, and for orders placed after 16.00, by the end of the next working day, after which it sends a message to the email address provided by the customer or notifies him by phone that it confirms the order. Orders placed during public holidays are processed on the first working day.
7.2.The Supplier may refuse to confirm an order in full or in respect of any of the jewellery items ordered with it due to out of stock or in the event that payment is not received from the customer who has chosen to pay in advance by credit or debit card.
7.3 Where the customer confirms that he wishes the order to be partially fulfilled only in respect of the jewellery whose availability has been confirmed by the supplier, the contract of sale shall be deemed to have been concluded in respect of that jewellery only.
7.4 In the event of insufficient stock, the customer may cancel the order in its entirety.
7.5.In the event that the order cannot be fulfilled or in the event that the customer does not express a wish for partial fulfilment, the supplier is obliged to reimburse within 10 days the payments made to the extent that the purchase contract has not taken place.
7.6 The purchase contract shall be deemed to have been concluded once the supplier has sent a message to the customer's e-mail address or informed the customer by telephone that he confirms the order.
7.7.The price of each piece of jewellery on the website is inclusive of VAT.
7.8.Payment methods :
Customers have a choice of the following payment methods:
7.8.1.C cash on delivery - payment in cash to courier on receipt of delivery;
7.8.2. Payment of the full amount by debit/credit card at the time of placing the order with the supplier.
To protect you from misuse when paying with your Visa or Mastercard, we apply the best practices recommended by international card organisations:
The security of card data entry and transmission is ensured by using SSL protocol to encrypt the connection between our server and the payment page of our servicing bank.
The authenticity of your card is verified by entering a security code (CVV2).
In addition, to identify you as a cardholder, our servicing bank's e-commerce payment server supports the international card organisations' authentication schemes - Verified by Visa and Mastercard Securecode, in case you are registered to use them.
V DELIVERY
8. Shipping costs are the responsibility of the customer, and the shipping cost is stated separately from the price of the jewellery ordered when the order is finalised.
8.1.The Supplier shall explicitly indicate in the e-shop the exceptions in which the delivery of orders above a certain value is at its own expense.
8.1.Deliveries within Bulgaria are made by Econt to the address indicated by the users or to the courier's office. The delivery time is within 1 to 2 days after the order confirmation.
8.2.Deliveries outside Bulgaria are made by DHL. Delivery times and prices depend on the destination of the order and are usually up to 3 working days. Deliveries outside Bulgaria are only made to countries where there are no restrictions on the import of precious metals and precious stones and articles with them. All charges and costs incurred in importing jewellery to countries outside the European Union, beyond the value of the order as declared by the supplier, are the responsibility of the wearer.
8.3 The Supplier shall not be liable for any delay in delivery due to customs control at import or detention of the goods by customs authorities. Shipping times may vary according to availability and any guaranteed or represented delivery times may be extended due to delays by courier companies or force majeure for which the supplier is not responsible. Delivery times may also be extended due to customers submitting an incorrect or incomplete address.
8.4.In the event that the delivery address provided by the customer is inaccurate, incomplete or incorrect and/or the customer is not found by the courier or does not cooperate in the delivery of the ordered jewellery, the jewellery shall be immediately returned to the supplier. He shall be relieved of his obligation to deliver if the customer does not inform him within five working days that he wishes to receive the order. In this case, if the value has been paid in advance, the supplier undertakes to reimburse the customer the amount paid, less the cost of delivery, within 10 working days.
The rule in the preceding Article shall not apply to wedding rings and all jewellery which is made to the customer's special individual order. In the event of failure to deliver them due to his fault - incorrect, incomplete or wrong address indicated, the customer shall owe the supplier their value, regardless of the chosen method of payment.
8.5.When the customer confirms his desire to receive the ordered jewellery after not being found at the address he has indicated, all delivery costs are at his expense.
8.6 In the event of any jewellery being damaged or damaged due to transportation, the customer shall notify the supplier of this at the time of delivery and request the courier to draw up a report of the damage. Otherwise, the jewellery shall be deemed approved and received as conforming to the contract of sale.
VI RIGHT OF WITHDRAWAL
9. The customer has the right, subject to the limitations below, without compensation or penalty and without giving any reason, to withdraw from the contract and return the ordered jewellery within 14 days of delivery, but only if it is in a suitable commercial condition ("indistinguishable from new, without signs of use"), its original packaging has not been damaged, the labels with which it was sent by the supplier have not been removed, and it is complete (in item. the quality and/or authenticity certificate).
9.1.In the case of the sale of jewellery with diamonds and/or precious stones, the customer is only entitled to withdraw from the concluded contract at the time of delivery by declaring to the courier his refusal to receive them.
9.2 The customer shall not be entitled to withdraw from the contract upon delivery of jewellery made to his individual order and in accordance with his individual requirements.
The right of withdrawal is exercised by sending a message to sales@astogold.bg, in which the customer indicates the bank account to which he wishes to be refunded the amount paid under the contract.
10.1. In case the payment was made by bank card, the refund shall be made by ordering a reverse transaction on the card with which the payment was made within 14 days.
10.2. The cost of returning the jewellery shall be borne by the customer.
10.3. After receiving the jewellery back, the supplier is obliged to reimburse within 14 days the amount paid to the customer to the specified bank account.
10.4 Cancellation form : you can request the form by writing to sales@astogold.bg
VII ADVERTISEMENTS AND WARRANTY
11. In the event of non-conformity of the jewellery with the contract of sale, the customer has the right to make a claim within 2 years from the date of delivery, but no later than 14 days from the discovery of the non-conformity with the contract of sale, requesting the supplier to bring the purchased jewellery into conformity with the contract of sale. In this case, the customer has the right to choose between having the jewellery repaired or replaced with a new one, unless this is impossible or the method of compensation chosen is disproportionate in comparison with the other.
11.1. A method of compensating a customer is deemed to be disproportionate if its use imposes costs on the supplier that are unreasonable in comparison with the other method of compensation.
11.2. Bringing the jewellery into conformity with the contract of sale shall be free of charge for the customer, and the customer shall not be liable for the cost of shipping the jewellery if the claim is justified.
If the customer is not satisfied with the resolution of the claim, he may choose whether to cancel the contract and claim a refund of the price he paid for the jewellery or claim a reduction in price.
The customer may not claim a refund or a reduction in the price of the jewellery if the supplier has agreed to replace or repair the jewellery within one month of the claim.
11.3. The supplier is obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the customer when, among having satisfied three customer claims by carrying out repairs on the same piece of jewellery within the two-year warranty period, there is a subsequent occurrence of non-conformity with the contract of sale.
11.4. The customer may not claim rescission of the contract if the non-conformity of the jewellery with the contract is minor.
11.5. The Supplier shall not be obliged to satisfy any claims for non-conformity of the jewellery with the sales contract caused by mechanical damage, contact with detergents and cosmetic products(including creams and perfumes), improper use and storage, due to negligent treatment, as well as when the jewellery has been repaired, cleaned and subjected to any other interventions by other jewellers.
AFTER-SALES SERVICE
12.1.The Supplier shall not be liable in the event of a wrong size chosen by the customer, where it is not possible to make a size adjustment due to the nature, design and type of finish of the jewellery without affecting its overall appearance.
VIII REGULATORY BODIES
The bodies regulating the activities of " Asto Gold " Ltd. are the Consumer Protection Commission (CPC) and the Commission for Personal Data Protection (CPDP), with the following contact details:
For the CPC: Website: https://kzp.bg/kontakti tel: 0700 111 22 email: info@kzp.bg address. 07 07 111 111, Sofia, pl. 4A, floor. 3, 4 и 6
For the CPD: Website: https://www.cpdp.bg/ tel: 02/940-20-46 email: kzld@gouvernement.bg kzld@cpdp.bg address: 1592 Sofia Blvd. "Proff. No. 2, Sofia, 1515 1515, Sofia, Bulgaria.
IX DISPUTES
Alternative Dispute Resolution (ADR) between consumers and traders is an out-of-court conciliation procedure on a voluntary basis. It is carried out through conciliation commissions. General Conciliation Commissions shall facilitate the settlement of disputes between consumers and traders concerning contracts for the sale of goods and the provision of services. The General Conciliation Commissions are appointed on a regional basis and the General Conciliation Commission of the Consumer Protection Commission is competent to resolve disputes between Asto Gold Ltd and a consumer. The consolidated list of recognised ADR bodies of the Member States of the European Union can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show.
Consumers can use the European Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=BG, a single access portal that allows consumers and traders in the EU to settle their disputes.
Disputes that cannot be resolved in any other way are referred to the competent Bulgarian court for resolution.
X PRIVACY POLICY
The protection of personal data is of great importance to " Asto Gold " Ltd as the controller of the personal data that you provide as users of our website and e-shop. Our aim is to make the process of processing your personal data completely open and transparent to you.
DATA CONTROLLER, CONTACT DETAILS
13.1." It is represented by the manager Plamen Todorov Kuzmov. The Company operates in accordance with the Personal Data Protection Act and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as GDPR. The purpose of this information is to inform customers about all aspects of the processing of their personal data by Asto Gold Ltd and about the rights they have in relation to this processing.
In case you have any questions about our data protection policy, you can contact us by calling +359 888 34 23 64 and by sending a message to sales@astogold.bg or to our mailing address in the town of. Plovdiv 4000, Hristo Botev Boulevard N°99.
13.2.CATEGORIES OF PERSONAL DATA COLLECTED AND USED
As a personal data controller, Asto Gold Ltd. collects and processes the data provided to it by the users of the website and the e-shop as follows:
-individualizable contact data necessary for identification, order processing, conclusion and execution of a distance purchase contract such as names, email, delivery address and telephone number;
-order and payment information and history and related banking information;
-credit information;
-third party information - user name when purchasing a voucher.
-personal data provided in connection with a registered customer account - account number and purchase history;
-information about the user's device and online identifiers such as IP address, device used, location, device software, data from "cookies".
13.3:
-reveal racial or ethnic origin;
-disclose political, religious or philosophical beliefs, or trade union membership;
-genetic and biometric data, data on sex life or sexual orientation.
14.BASIS FOR COLLECTION, PROCESSING AND STORAGE OF PERSONAL DATA
14.1. "Asto Gold" Ltd. collects and processes personal data in connection with the use of the website and e-shop at astogold.bg, based on one or more of the following grounds:
- explicit consent obtained from the user to whom the data relates;
- pre-contractual relations - actions preceding the conclusion of a distance contract, undertaken at the request of the user;
- performance of obligations of Asto Gold Ltd. under a distance contract concluded with a customer to whom the data relate - by accepting the terms and conditions and by registering in the online shop or by placing an order without registration and concluding a contract, a contractual relationship is established between Asto Gold Ltd. and the user/customer, on which basis Asto Gold Ltd. processes the personal data of that customer.
- compliance with a legal obligation of "Asto Gold " Ltd.
14.2. THE PURPOSES AND PRINCIPLES FOR THE COLLECTION, PROCESSING AND STORAGE OF PERSONAL DATA
14.2.1 Asto Gold Ltd. collects and processes the personal data provided by the customer in connection with the use of the website and e-shop for the following purposes:
-creating a customer profile and providing full functionality when using the website and e-shop;
-the processing of orders, the conclusion of distance sales contracts, the execution of deliveries.
-identifying and exercising rights as a party to a distance purchase contract, including registration and handling of claims, right of withdrawal and return of jewellery;
-accounting purposes - issuing invoices for delivery.
-statistical and market research;
-sending messages and/or materials for direct marketing purposes by e-mail, short messages by telephone to advertise our jewellery, inviting to participate in campaigns and taking advantage of special offers and promotions, always and at any time granting the customer the right to object to receiving such messages.
14.2.2. Asto Gold Ltd. complies with the following principles when processing personal data:
-lawfulness, fairness and transparency;
-limitation of the purposes of processing;
-relevance to the purposes of the processing and minimisation of the data collected;
-accuracy and timeliness of the data
-limitation of storage with a view to achieving the purposes;
-completeness and confidentiality of processing and ensuring an appropriate level of security of personal data.
14.2.3 Astogold Ltd may process and store personal data in order to protect its legitimate interests as follows:
- Performance of its obligations to the National Revenue Agency, the Home Office and other state and local authorities.
STORAGE PERIOD OF PERSONAL DATA
15.1. "Astogold" Ltd. stores personal data for a period no longer than the existence of the customer profile in the e-shop, respectively within a reasonable period after the order has been placed as a "guest", necessary for the servicing of the order and for the securing of the customer's rights with regard to the potential return of goods.
15.2. After the deletion of the user profile, respectively after the expiry of the statutory period for the return of goods, Asto Gold Ltd shall take the necessary care to delete and destroy all customer data without undue delay or to put them in a form that does not reveal their identity.
15.3. Asto Gold Ltd. stores personal data provided in connection with orders placed through the ELECTRONIC SHOP for the duration of the existence of the customer profile, and the accounting documents relating to an order are stored for the relevant statutory period.
15.4 Asto Gold Ltd undertakes to notify the user in the event that it is necessary to extend the storage period of his personal data in order to comply with a legal obligation or in view of the legitimate interests of Asto Gold Ltd.
15.5 Asto Gold Ltd shall store the personal data in respect of which there is a statutory storage requirement under applicable law for the relevant period provided for, which may exceed the period of existence of the user profile in the online shop or the time of completion of the order.
TRANSMISSION OF PERSONAL DATA FOR PROCESSING
16.1. "Asto Gold" Ltd. does not provide personal data to third parties, except in explicitly listed cases.
16.2. In order to organize the work, "Asto Gold " Ltd. may transfer part or all of the user's personal data to another person/persons - processors of personal data, who process them in fulfillment of the purposes and grounds to which the user has agreed in accordance with this Policy, subject to the requirements of the GDPR, as well as to their suppliers (such as courier, accounting firm), who process them in order to carry out the delivery and execution of the distance contract concluded with the customer. These processors shall comply with all legality and security requirements for the processing and storage of personal data.
ACCESS TO PERSONAL DATA AND DATA PORTABILITY
17.1 Each registered customer has the possibility through his/her user profile to check and edit the data processed by Asto Gold Ltd. about him/her.
17.2.Each user has the right to request at sales@astogold.bg and obtain from "Asto Gold " Ltd information about the personal data held by the company, the category of such data and the purposes for which they are used and processed and the recipients or categories of recipients to whom the data are disclosed.
17.3. "Asto Gold " Ltd. provides the personal data processed to the user free of charge in electronic form to the email address associated with the customer profile or to another email address indicated by the user.
CORRECTION OR COMPLETION OF PERSONAL DATA
18.1.Each customer can correct or complete his personal data directly through his user profile or by sending a request to the e-mail sales@astogold.bg.
18.2.WITHDRAW CONSENT TO THE PROCESSING OF PERSONAL DATA. DELETION OF A REGISTERED CUSTOMER PROFILE
18.2.1.A customer who does not wish all or part of his/her personal data to continue to be processed by Asto Gold Ltd for any or all of the processing purposes may withdraw his/her consent to processing at any time by sending a message to sales@astogold.bg
18.2.2 By withdrawing consent to the processing of personal data that is required for the creation and maintenance of an e-shop account, the user account will be deactivated. In this case, the user may continue to browse the e-shop and the products offered, place orders as a guest or make a new registration.
18.2.3. If there is an order that has been received and is in the process of being processed, the earliest point at which the customer on that order can withdraw his consent to processing is upon successful completion of the order.
18.2.4 The customer may withdraw consent to the processing of personal data for direct marketing purposes at any time by sending a message to that effect to sales@astogold.bg
18.2.5.The user has the right at any time to request Asto Gold Ltd to notify the third parties to whom his personal data have been disclosed of any deletion, correction or blocking carried out by the controller of the personal data, except where this is impossible or involves excessive effort.
18.2.6. "Asto Gold" Ltd. shall not erase the data which it is under a legal obligation to keep, including for the purpose of defending legal claims brought against the company or for the purpose of proving its rights.
19.DIRECT MARKETING
19.1. "Asto Gold" Ltd. carries out direct marketing by sending by e-mail to users and customers of the e-shop notifications of special offers and promotions, campaigns organized by the company, any other advertising messages and materials.
19.2.The customer may at any time opt-out of receiving the above communications by objecting to the processing of his personal data for direct marketing purposes.
19.3 Asto Gold Ltd. undertakes to notify users and customers of the e-shop before their personal data is first disclosed to third parties or used on their behalf for direct marketing purposes and has the right to object to such disclosure or use at sales@astogold.bg.
20.RIGHTS OF THE USER IN THE EVENT OF A PERSONAL DATA BREACH
20.1.If Asto Gold Ltd. becomes aware of a breach of security of a user's personal data which is of a nature to pose a risk to the user's rights and freedoms, the company shall, without undue delay, notify the user by email of the breach and of the measures taken or to be taken.
XI COMPETENT SUPERVISORY AUTHORITY
In the event that he/she believes that his/her personal data is being stored, processed and/or used in contravention of this Policy or in contravention of applicable data protection legislation, any user shall have the right to lodge a complaint with the Data Protection Commission as follows:
Data Protection Commission
Headquarters and registered office. The headquarters and registered office of the Personal Data Protection Authority are located at 1592 Sofia Blvd. "1595, Prof. No.: 2
Address for correspondence. Address: 1. "Prof. No. 2 Tsvetan Lazarov
Website: www.cpdp.bg
