Terms & Conditions

for the use of the Internet shop with an electronic address on the World Wide Web – www.kex.bg.

The Terms & Conditions on this page are automatically translated from Bulgarian for the ease of the customer. In case of a dispute, only the Bulgarian text is valid. We shall not be liable for any differences in the translation of this text from Bulgarian to English.

I. PREAMBLE

The Internet shop with the electronic address on the World Wide Web www.kex.bg is managed by the trader “TEN-K” Ltd, UIC: 206910401, with registered office and management address in the District: Varna, Municipality: Varna, s. Zvezditsa, p.k. No. 9103, ul. 10, contact telephone +359893913029, electronic mail (email) info (at) kex.bg for the sale and delivery of the goods published herein on behalf of this trader.

If you DO NOT ACCEPT these terms and conditions, please do not use the online shop with the address www.kex.bg.

II. Subject

Art.1.(1) These General Terms and Conditions regulate the conditions of use of the Internet shop with the address www.kex.bg, regulate the rules, procedures for the conclusion, performance, cancellation and cancellation of the contract for the purchase and sale and delivery of goods made electronically at the specified e-mail address of the merchant on the World Wide Web between the Customer and the merchant “TEN-K” Ltd.

(2) The registration of an order in the online store and/or the Customer’s ticking of the box – “I have read and agree to the General Terms and Conditions”, regardless of whether the Customer has registered at the specified electronic address of the merchant on the World Wide Web, shall be deemed to be an acceptance of these General Terms and Conditions and shall bind the Customer.

III. CONDITIONS FOR ENTERING INTO A CONTRACT

Article 2.(1) The publication of goods on the website of the online store at www.kex.bg, constitutes a public invitation to conclude a commercial transaction for the purchase of goods and their delivery online (online) from “TEN-K” Ltd.

(2) The conclusion of a contract for the purchase and delivery of goods online between the Customer and the merchant shall take place after the proper completion and submission of the application for the purchase (order) of selected goods by the Customer to the merchant at www.kex.bg. The contract shall be deemed concluded after written confirmation of the order sent to the email address specified by the Customer from “TEN-K” Ltd.

(3) The addition of goods to the Customer’s virtual “shopping cart” does not reserve the selected item, therefore it is possible that the specific product will be out of stock by the time the order is completed. Only the order confirmation message (with the following status “Order Confirmation”) guarantees the dispatch of the ordered goods.

(4) The merchant provides the possibility to place orders for the conclusion of a purchase contract and delivery of goods from the merchant’s online store and by telephone, at the numbers indicated in the online store;

(5) For the orders submitted in accordance with paragraph (4), within a reasonable time and no later than 3 working days, TEN-K Ltd. shall send to the email address indicated by the Customer, a written confirmation of the item(s) requested for purchase, all the preliminary information that the Customer should have in order to make an informed decision to purchase the goods, these General Terms and Conditions, with an indication that their acceptance is a condition for the conclusion of the contract. The Contract shall not be deemed to be concluded until the Customer has sent the order to the email address of the trader from which the confirmation was received. After this point, the processing of the order by the trader begins.

(6) The Customer may communicate with the Merchant, which is not related to placing an order and concluding a contract, on the Instagram page www.instagram.com/kexbg.

(7) The Merchant may further develop, amend or introduce new ways of communication and order placement by the Customer through the use of remote means of agreement and communication, in accordance with the norms of Bulgarian and European legislation. In this case, the Merchant shall provide the Customer in advance with information containing a detailed description of the new means of communication and ordering and shall ensure that the Customer may store the information necessary for the Customer to make an informed decision on a durable medium easily accessible to the Customer and that the Customer may store on a durable medium any written correspondence with the Merchant, including the date and time of such correspondence.

(8) The trader “TEN-K” Ltd. shall not be held liable in cases where the Customer has provided incorrect and/or incomplete data in the order application submitted via the online store at www.kex.bg. In the event of an incorrect or incorrect address, contact person, email and/or telephone number in the order submitted by the Customer via the online store, the merchant “TEN-K” Ltd. shall not be bound by any obligation to fulfill the order.

(9) The information published in the online shop regarding the sizes and correspondences of the offered goods shall be interpreted as indicative by the Customer and the visitors of the online shop. There may be insignificant discrepancies between the published and actual dimensions, which do not materially change the goods and their intended use, for which the trader “TEN-K” Ltd. shall not be held liable.

(10) The trader “TEN-K” Ltd. is not responsible for any inaccuracies in the information published in the online store caused by technical problems, hacker attacks, failure of the global Internet network, changes in the design of the goods and other reasons beyond the control of the trader.

IV. Prices. Term and payment methods.

Article 3.(1) The prices of goods listed in the online store shall be in Bulgarian levs, VAT included, but shall not include the cost of delivery (courier service) when such is due from the Customer.

(2) The Customer chooses the method of payment of the order, between the two options provided to him: with “postal money order” when he has to pay the price of the purchased goods and the cost of its delivery (courier service) at the time of receipt of the goods or “prepayment” of the price and courier service – already when placing the order by payment with a bank card Visa, MasterCard.

(3) For Customers who are not consumers within the meaning of the Consumer Protection Act, the trader shall have the right to limit the available payment methods, including requesting prepayment, partial or full, regardless of the method of payment chosen by the Customer and the fact that a contract of purchase and sale has been concluded.

(4) The merchant’s advertised discount or discount percentage is indicated (with a “-” sign and rounded to the nearest whole number)in the top left or right corner of the product image, with the previous price crossed out and the new – valid price to the left of it.

(5) The advertised discount, promotional price or special price is valid only during the period indicated after the promotion name in the product viewing section.

(6) You may not combine or overlay discounts from different sales, promotions, discount cards, coupons, etc.

V. Contract execution. Delivery.

Art.4.(1). Upon confirmation of the Customer’s order placed through the online store, the trader TEN-K Ltd. shall deliver the desired goods or inform the Customer of other circumstances concerning his order.

(2) It is possible that the delivery of an order containing several items may be made in parts (by means of 2 or more deliveries), for which the trader shall notify the Customer in due time, in writing to the email address indicated by the Customer.

(3) The deadline for the processing of orders by the Merchant is up to 3 working days, except in cases where a longer deadline is indicated on the webshop page for the specific period or during the Merchant’s campaign. In all cases, the processing and courier delivery time is stated in the notes to the cart.

(4) Orders of goods requested on Fridays (after 4:00 pm), Saturdays and Sundays start to be processed by the merchant on the first working day following the order request.

(5) The order processing time does not include the courier company’s additional time for delivery of the goods, as defined and announced on the SPEEDY website.

(6) The goods ordered for purchase shall be delivered to the delivery address specified by the Customer, within the time and in accordance with the terms of the contract, also specified in the information on delivery and payment of goods, but no later than 5 working days from the conclusion of the contract.

(7) The goods shall be delivered suitably packaged, according to their type and transport for delivery, accompanied by a receipt – in case of payment by bank card or by bank transfer / in case of payment by “cash on delivery” the receipt shall be issued and handed over to the Customer by the SPEEDY courier or an invoice (if such is requested upon completion of the order).

(8) Orders are delivered only to addresses within the territory of the Republic of Bulgaria. Bulgaria. Delivery outside the territory of the country is possible only upon payment by credit or debit card and upon prior agreement of the delivery price between the parties to the contract.
Article 5.(1) The order shall be delivered to the Customer to the address indicated by him or to the office of the courier company SPEEDY chosen by him, at the following courier service delivery prices:

• The price of delivery of orders over 70.00 BGN is free of charge to an address in the country and free of charge to a SPEEDY office.
• The delivery price for orders up to 70.00 BGN is 8.00 BGN to an address in the country and 5.00 BGN to a SPEEDY office

Art.6. (1) For the delivery of the goods, the Customer or a third person designated by him (who is not the order holder but is at the address indicated by the Customer and accepts the delivered goods) shall sign the accompanying documents.

(2) In the event that the Customer is not found within the delivery period at the address indicated by the Customer or access and conditions for delivery of the goods are not provided within this period, TEN-K Ltd. shall be released from its obligation to deliver the goods ordered for purchase.

(3) The customer may confirm in writing his/her wish to receive the goods after the expiry of the delivery period in which he/she was not found at the address, bearing all delivery costs. In this case, a new delivery period shall begin from the time of confirmation.

VI. Rights and obligations of the parties

Art.7. (1) The trader “TEN-K” Ltd. has the following obligations:

1. to confirm the availability of the ordered goods or to refuse the order within 3 working days of processing the order;
2. to deliver within the contractual period the goods ordered by the Customer;
3. to inspect each item for roadworthiness (if possible without compromising the integrity of the packaging) before dispatching the goods to the Customer;
4. not to contravene the Data Protection Act and to comply with the requirements of 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 (OJ L 119/1 of 4 May 2016);
5. not to use unfair commercial practices.

(2) The trader guarantees that all products are brand new (unused).

(3) The Merchant shall not be liable for any statutory warranty to a Customer who is not a consumer within the meaning of the Consumer Protection Act unless otherwise agreed in writing by the parties.

Art.8. The trader “TEN-K” Ltd. has the following rights:

1. to change the prices of the goods offered by it in the online store at its own discretion. The Customer shall be bound by the current price of the goods announced in the online store at the time of placing his order, i.e. the new price shall bind the Customers under contracts concluded with the trader after the announcement of the new price in the online store;
2. to unilaterally modify the present General Terms and Conditions, the modified General Terms and Conditions shall come into force immediately after their publication on the Internet Shop’s website. With regard to pending cases (requested or confirmed orders for which the goods have not yet been delivered), the general terms and conditions more favourable to the Customer from among the general terms and conditions in force at the time the order was requested and the amended general terms and conditions published on the webshop page shall apply.

Art.9. The Customer shall have the following obligations:

1. to fill in the order application form correctly, indicating first and last name, accurate and valid telephone number, delivery address and e-mail address;
2. to pay the price of the goods (current at the time of completing the order form), according to the terms of the contract and the costs of delivery of the ordered goods, where these are due;
3. provide access to and availability of the goods;
4. in the event of withdrawal from the contract, to store the goods received and, with the care of a good steward, to send or hand them back to the trader without unreasonable delay and not later than 30 days from the date on which he notified the trader that he was withdrawing from the contract, in good commercial condition, together with all its accessories or promotional materials (if any), with fully preserved packaging / whose round transparent sticker placed by “TEN-K” Ltd. on the packaging of the goods or the packaging itself are partially or completely torn, destroyed or damaged, with original labels, accompanied by the original documents issued by “TEN-K” Ltd. – invoice, receipt;
5. For a Customer who is not a consumer within the meaning of the Consumer Protection Act – to inspect the goods subject to the contract with the trader upon receipt and if they do not meet the requirements, to notify the trader immediately. If he fails to do so, the goods shall be deemed approved as conforming to the requirements.

Art.10.(1) The Client shall have the following rights:

1. to withdraw from the contract in the cases provided for;
2. to refuse to receive the ordered goods in the cases provided for;
3. to return the goods, in the cases provided for;
4. to request the return of the price paid in advance, in the cases provided for;

(2) The provisions of these General Terms and Conditions and the provisions for commercial sale in the Commercial Act, with the exception of those provided for Customers having the capacity of a consumer within the meaning of the Consumer Protection Act and those under Chapter VII, are also applicable to Customers who do not have the capacity of a consumer within the meaning of the Consumer Protection Act.

VII. Customers that are consumers according to the Bulgarian CPA (Consumer Protection Act)

This chapter is dedicated exclusively to the relationship between the trader and the Customers having the capacity of consumer within the meaning of the Consumer Protection Act.

Right of withdrawal.
Art.11 . (1) The Customer shall have the right, within a period not exceeding 30 calendar days /TEN-K Ltd. grants the Customer the right to withdraw from the contract within a longer period than the 14-day period provided for by law/, as from the receipt of the goods or where the Customer has ordered many goods with one order, which are delivered separately, as from the date on which the Customer or a third party other than the carrier and designated by the Customer accepts the last goods; in the case of delivery of goods consisting of multiple lots or parts, from the date on which the customer or a third party other than the carrier and indicated by the customer accepts the last lot or part, to withdraw from the contract with the trader, to return some or all of the goods received from the order, without giving a reason, without compensation or penalty and without paying any costs, except for the cost of delivery of the goods where he has chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the trader and the direct costs of returning the goods(s).

(2) In order to exercise the right of withdrawal, the Customer must notify the Merchant before the expiry of the 30 day period by completing and submitting the standard form for exercising the right of withdrawal available on the website of the online store or by any other unambiguous application addressed to the Merchant, indicating clearly, precisely and unambiguously the order and the goods in respect of which the Customer exercises the right of withdrawal. For the Customer’s convenience, the standard form for the exercise of the right of withdrawal and detailed instructions are available on the website of the online store in the section Exercising the right of withdrawal.

(3) The withdrawal shall be sent to the following email address of the trader: info (at) kex.bg or to the address. Zvezditsa, p.k. 9103 Zvezda str. For the internet shop of “TEN-K” Ltd. For the receipt of the refusal, the trader sends an immediate confirmation to the email address for correspondence specified by the Customer.

(4) The Customer shall be liable for the reduced value of the goods under the refused contract caused by testing them other than necessary to establish their nature, characteristics and proper functioning.

(5) When the Customer exercises his right to withdraw from the contract, he must send the goods back to the trader to the office of SPEEDY: VARNA – GEORGI BENKOVSKY [267]. ul. GEORGI BENKOVSKI 3, addressed to “TEN-K” Ltd., without undue delay and no later than 30 days from the date on which he notified the trader of his decision to withdraw from the contract In this case, the Customer shall bear the direct costs of returning the goods.

(6) For goods returned to the trader with a reduced value, in the terms of the preceding paragraph, the trader shall be entitled to deduct the corresponding amount by which the value of the goods has been reduced from the amount due from the trader to the Customer for reimbursement.

(7) In the event of a successful withdrawal procedure, the trader shall refund all sums received from the Customer, including delivery costs, without undue delay and no later than 30 days from the date on which the Customer was notified of the decision to withdraw from the contract.

(8) Amounts received from the Customer shall be refunded using the same means of payment used by the Customer in the original transaction, unless the latter has expressly agreed to the use of another means of payment and provided that this is at no cost to the Customer.

(9) The merchant TEN-K Ltd. shall not be obliged to reimburse the additional costs of delivery of the goods where the Customer has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the merchant.

Art.12. (1)The trader “TEN-K” Ltd. has the right not to refund the Customer the amount paid by him when the Customer has not fulfilled any of the mandatory conditions for withdrawal from the contract.

(2)The Customer’s right to withdraw from the contract is not applicable:

1. for the delivery of goods made to the customer’s order or in accordance with his individual requirements;
2. for the delivery of goods which by their nature may deteriorate in quality or have a short shelf life;
3. for the delivery of any sealed goods that are unsealed after delivery and cannot be returned for reasons of hygiene or health protection. All goods whose round transparent sticker affixed by TEN-K Ltd. on the packaging of the goods or the packaging itself are partially or completely torn, destroyed or damaged will be considered as unsealed after delivery.

Legal guarantee.
Art.13. (1) The customer shall be entitled to a legal guarantee for non-conformity of the goods with the goods ordered under the contract with the trader.

(2) The trader TEN-K Ltd. shall be liable for any non-conformity of the goods under the contract with the Customer which exists at the time of delivery of the goods to the Customer and which occurs within two years from that time.

IX. Personal data

Art.14. (1) The provision of personal data by the Customers is voluntary and necessary for placing an order and concluding a purchase and delivery contract with the trader “TEN-K” Ltd.

(2) The personal data provided by the Customer in the online store shall be processed by the trader in its capacity as a personal data controller and in compliance with the statutory rules and restrictions.

(3) All information regarding the protection of the Customer’s personal data can be found in the Personal Data section available on the webshop’s website.

X. Concluding provisions

§ 1. These general terms and conditions are accepted by the trader on 09.05.2023 and come into force upon their publication on the website of the online store www.kex.bg – from 09.05.2023.

§ 2. For the purposes of these General Terms and Conditions, “Customer” means any person who has placed an order for product(s) from the Merchant’s range at www.kex.bg or using the Online Shop.

§ 2.1. “Visitor” means a person using the content of the online shop without placing an order or entering into a contract with the trader.

§ 2.2. “Email address provided by the Customer” means the email address provided in the order request submitted by the Customer via the online shop.

§ 3 A contract under an order placed by a Customer and concluded with the Merchant via the Internet Shop shall be governed by the Bulgarian legislation in force, which shall be applicable to the relations between the parties in the event of a dispute between them, as well as to the hypotheses not regulated herein. In the event that the parties are unable to settle the dispute voluntarily, including through the mediation of the Commission for Consumer Protection, the relevant Bulgarian court shall be competent to hear the dispute.

§ 4. The basic and additional information about the goods, their characteristics, full details of the trader and the means of communication with him with the possibility of quick contact with the trader, information about the final price of the goods and the additional costs of transport (delivery) or the way of calculating the price; the conditions of payment, delivery, performance, the date of delivery, the right of withdrawal from the contract and instructions for exercising it, a reminder of the existence of a legal guarantee of conformity of the goods, the possibility of out-of-court dispute resolution and the possibility of securing and essential information required by the Customer and visitors to the online shop are available to him free of charge on the page of the online shop before placing an order and concluding a contract with the trader.

§ 5 The content of the online shop is available to Customers and visitors at the address www.kex.bg free of charge, where the latter can at any time read and print the general terms and conditions by right-clicking and selecting the “Print” option, samples of forms, including the standard form for exercising the right of withdrawal, information about their rights, information under § 4 above, etc.

§ 6 The invalidity of individual provisions of the general terms and conditions does not render the general terms and conditions as a whole invalid.

§ 7 In the event of a dispute with the trader, the customer may refer to the EC Online Dispute Resolution website: https://ec.europa.eu/consumers/odr