Terms of Use
TERMS OF USE FOR THE SERVICES PROVIDED BY GENTLEMAN.BG
I. GENERAL PROVISIONS
1. This document contains the Terms and Conditions under which the MERCHANT provides services to its customers through the online shop www.gentleman.bg. These terms are binding on all users. By clicking the "BUY" button, the customer agrees to, accepts in full and undertakes to comply with these Terms and Conditions.
2. The user/customer is identified, for the purpose of reproducing their statement of acceptance of the Terms and Conditions and the order placed, by means of the data stored in the log files on the www.gentleman.bg server, the customer's IP address and any other information.
3. The products displayed on the website of www.gentleman.bg do not constitute a legally binding offer but are instead an illustrative online catalogue describing the merchant's product range.
4. By clicking the "BUY" button, users agree to purchase the goods in their basket. This action is legally binding. The customer receives an order confirmation, and the contract is deemed concluded upon receipt of this confirmation. A contract is concluded when the order is submitted or confirmed.
5. The MERCHANT reserves the right to refuse delivery of a confirmed order if the goods are unavailable. If an ordered item is out of stock, GENTLEMAN.BG will notify the customer within the working week by sending a message to the email address or telephone number provided by the Customer. If payment has been transferred to the merchant's account, the customer may choose between a refund, cancellation of the order or a replacement order.
6. The contractual language is Bulgarian, and payments shall be made in Bulgarian leva, inclusive of VAT.
II. DELIVERY
7. The Customer bears the entire risk of damage to or loss of the goods during delivery. As soon as the goods are handed over to the courier, GENTLEMAN.BG is released from the risk, which passes to the customer. GENTLEMAN.BG shall not be liable for delays caused by a courier or another delivery provider.
8. Immediately upon delivery, the goods must be inspected carefully by the user/customer or a person authorised by them. Any damage, dents or other defects must be reported to the MERCHANT immediately. If damage caused during transportation of the goods is identified, the MERCHANT shall not be responsible for providing warranty service for those goods. Where the MERCHANT has specified a particular delivery date and time in writing, this shall be binding. If an incorrect or inaccurate address, contact person and/or telephone number is provided when submitting the order, the MERCHANT shall have no obligation to fulfil it.
8a. Upon handover of the goods, the user/customer or a third party shall sign the accompanying documents. A third party is any person who is not the named person on the order but accepts the delivered goods at the address specified by the customer.
If the goods are refused for reasons other than those described below, the refusal shall be deemed unjustified and the Customer shall be liable for the delivery and return costs. If the Customer cannot be found at the specified address within the delivery period, or if access and suitable conditions for handing over the goods are not provided within that period, the MERCHANT shall be released from its obligation to deliver the goods ordered for purchase.
8b. Where the delivered goods clearly do not match the goods ordered by the Customer and this can be established through an ordinary inspection,
the Customer may request that the delivered goods be replaced with goods corresponding to their purchase order within 24 hours of receipt.
III. WARRANTY PERIODS
The MERCHANT provides its customers with a warranty document for purchased goods where such a document has been supplied by the manufacturer. The document specifies: the addresses and telephone numbers of the authorised service centres for the purchased goods, the warranty terms of the relevant service centres or manufacturers, and the warranty period for the goods purchased by the user/customer.
IV. PRICES
9. The prices displayed on the website do not include delivery to the customer's address. Delivery within the city of Plovdiv is free of charge. If the goods are sent outside the territory of the Republic of Bulgaria, the user/customer must pay all customs duties and other charges related to their export.
V. RIGHTS AND OBLIGATIONS OF THE USER/CUSTOMER
10. The user/customer may browse and order the goods listed on www.gentleman.bg.
11. The user/customer has the right to obtain information about the status of their order.
12. The user/customer bears full responsibility for safeguarding their username and password, as well as for all actions performed by them or by a third party using that username and password. The user must immediately notify the MERCHANT of any unauthorised access involving the use of their username and password, as well as whenever there is a risk of such use.
13. The user must pay the price of their order in accordance with the method specified on the www.gentleman.bg website.
14. When using the services, every user, whether or not they are a customer of the MERCHANT, undertakes:
• not to violate and to respect the fundamental rights and freedoms of citizens and human rights under the Constitution and laws of the Republic of Bulgaria and recognised international instruments;
• not to damage the reputation of others or call for the violent alteration of the constitutionally established order, the commission of a criminal offence, violence against any person, or the incitement of racial, national, ethnic or religious hostility;
• not to infringe the property or non-property, absolute or relative rights and interests of others, including property rights, intellectual property rights, etc.;
• to comply with Bulgarian legislation, applicable foreign laws, moral standards and good practice, and Internet etiquette when using the services provided by GENTLEMAN.BG;
• to notify the MERCHANT immediately of any committed or detected violation involving the use of the services provided;
• not to upload, send, transmit, distribute or use in any manner, or disclose to third parties, any software, computer programs, files, applications or other materials containing computer viruses, systems for unauthorised remote control ("Trojan horses"), computer code or materials designed to interrupt, impede, disrupt or restrict the normal operation of computer hardware, software or telecommunications equipment, or intended to enable unauthorised entry into or access to third-party resources or software;
• not to engage in malicious acts;
• to indemnify the MERCHANT and all third parties for all losses incurred and profits foregone, including any costs and legal fees paid, arising from claims brought by and/or compensation paid to third parties in connection with web pages, hyperlinks, materials or information which the User has used, placed on the server, sent, distributed, disclosed to third parties or made accessible through www.gentleman.bg in breach of the law, these General Terms and Conditions, accepted standards of conduct or Internet etiquette;
14a. The Customer undertakes to provide an accurate and valid telephone number, delivery address and email address, to pay the price of the goods, to pay the delivery costs where delivery is not free of charge, and to ensure access and the ability to receive the goods. Unless delivery is expressly stated to be free of charge, it shall be deemed chargeable.
VI. RIGHTS AND OBLIGATIONS OF THE MERCHANT
15. The MERCHANT has neither the obligation nor the objective ability to control how users use the services provided.
16. The MERCHANT has the right, but not the obligation, to retain materials and information stored on the server of www.gentleman.bg.
17. The MERCHANT has the right, at any time and without notifying the User/customer, where the latter uses the services in breach of these terms and conditions, as well as at the MERCHANT'S discretion, to terminate, suspend or modify the services provided in connection with the use of the website. The MERCHANT shall not be liable to users or third parties for any losses incurred or loss of profit resulting from the termination, suspension, modification or restriction of the services, or from the deletion, modification, loss, unreliability, inaccuracy or incompleteness of messages, materials or information transmitted, used, stored or made available through www.gentleman.bg.
17a. Upon receipt of payment, the MERCHANT undertakes to transfer ownership of the goods ordered by the user/customer to them, to deliver the ordered goods within the specified time frame and to check each item for technical faults before dispatch (where this is possible without compromising the integrity of the packaging).
18. The MERCHANT shall not be liable for damage caused to software, hardware or telecommunications equipment, or for loss of data resulting from materials or resources searched for, loaded or used in any manner whatsoever through the services provided. Any advice, consultation or assistance provided by the MERCHANT'S specialists and employees in connection with users' use of the services shall not give rise to any liability or obligations on the part of the MERCHANT. The company shall not be liable where the product information provided by the manufacturer is incorrect.
19. The MERCHANT has the right to collect and use information relating to its Users/customers, regardless of whether they are registered.
20. The information referred to in the preceding clause may be used by the MERCHANT unless the User expressly objects by sending an email to the following address: sales@gentleman.bg. The MERCHANT collects and uses the information to improve the services offered. All purposes for which the MERCHANT uses the information shall comply with Bulgarian law, applicable international instruments and accepted principles of morality.
21. The MERCHANT shall not be liable for failure to fulfil its obligations under this agreement in the event of circumstances which the MERCHANT did not and was not required to foresee – including unforeseen events, problems affecting the global Internet network and the provision of services beyond the MERCHANT'S control.
22. The MERCHANT has the right to install cookies on users' computers. Cookies are text files saved by the website on the User's hard drive, enabling information about the User to be retrieved, identifying the User and allowing their actions, the websites they visit, the hyperlinks they use, the information they access and save, and other activities to be tracked.
VII. PERSONAL DATA
23. The MERCHANT guarantees its Users/customers the confidentiality of the information and personal data provided. Such information and data shall not be used, disclosed or brought to the attention of third parties except in the cases and under the conditions specified in these General Terms and Conditions. The MERCHANT protects the personal data of the user/customer obtained when the electronic purchase order form is completed; however, this obligation shall cease to apply if the Customer has provided false information. Subject to applicable law and the provisions of these General Terms and Conditions, the MERCHANT may use the Customer's personal data solely for the purposes stipulated in the agreement. Any other purposes for which the data is used shall comply with Bulgarian law, applicable international instruments, Internet ethics, moral standards and accepted principles of morality.
23a. The MERCHANT undertakes not to disclose any personal data concerning the Customer to third parties – government authorities, commercial companies, individuals or others – except where it has obtained the Customer's express written consent or where the information has been requested by government authorities or officials who are authorised under applicable law to request and collect such information. The MERCHANT is required by law to provide the information.
VIII. AMENDMENTS
24 These General Terms and Conditions may be amended at any time by the MERCHANT, which also reserves the right to change the features of the services provided and these General Terms and Conditions, including as a result of changes in legislation. The MERCHANT undertakes to notify the User of any amendments to the General Terms and Conditions by publishing a notice of the amendments in a prominent place on its website and allowing sufficient time for the User to review them. If, within this period, the User does not state that they reject the amendments, they shall be deemed bound by them. If the User states within this period that they do not agree to the amendments, the MERCHANT shall have the right to immediately suspend or terminate the provision of services to the User.
IX. TERMINOLOGY
25. “User/customer” means anyone who has loaded the website www.gentleman.bg on their computer.
26. “Order” means the selected goods and all other attributes relating to the method of delivery and payment for the goods by the customer/user.
27. The GENTLEMAN.BG online store is owned by Modernistika EOOD.
28. All disputes between the parties shall be resolved in a spirit of mutual understanding and goodwill. If no agreement can be reached, all unresolved disputes, including disputes arising from or relating to its interpretation, invalidity, performance or termination, as well as disputes concerning the filling of gaps in the contract or its adaptation to newly arising circumstances, shall be resolved by the competent court at the MERCHANT’s place of registration, in accordance with Bulgarian law.