General terms of use

The terms of use of our electronic catalog/store must be read carefully.

If you want to shop here, it means you agree to the terms described below.

General terms of use for the Fabnet "EOOD" electronic catalog/store

This is a web-based electronic site - a catalog/store owned by Fabnet "EOOD". It provides information for purchasing goods virtually. Fabnet "EOOD" maintains the information on the site at its own discretion or when required by a binding legal act. Fabnet "EOOD" has the right to change the content and access method to the information at any time, with such changes taking effect immediately and being mandatory for all Customers.

In any case of changes to the general terms, Fabnet "EOOD" will inform its Customers by publishing the changes on the site. In this regard, Customers are obliged to check for any changes to all terms published on the site.

Fabnet "EOOD" is not responsible towards system users or third parties if a user or another person publishes unlawfully obtained or unauthorized information on the site, or in cases of misuse, copying, or other unauthorized use of someone else's trademark, protected designation of origin, or any information, image, sound, video, etc., that infringes property or non-property rights of third parties. Fabnet "EOOD" is not responsible for the information presented or the consequences of using other websites linked to from this site. Fabnet "EOOD" has the right to terminate access for persons engaging in improper actions or those violating the laws of the country of use.

By using the site for electronic commerce, Customers are deemed to have carefully read all the terms of use and agreed to comply with them unconditionally.

Fabnet "EOOD" makes continuous efforts to maintain the accuracy of the information presented on the site. However, considering possible technical errors or omissions in this information, Fabnet "EOOD" clarifies that product descriptions (photos, features, etc.) are for illustrative and guiding purposes only, and the delivered products may differ both in type and characteristics. It is the Customers' responsibility to check upon receipt of the goods whether they correspond in characteristics to the accompanying documents and specifications. If they do not notify Fabnet "EOOD" immediately after delivery, it is assumed that the goods correspond to the description on the site in terms of characteristics, prices, etc.

The features or prices of the products described on the website may be changed by Fabnet "EOOD" at any time. Due to technical reasons, they may contain errors, for which Fabnet "EOOD" apologizes in advance to its Customers and strives to correct them.

It is possible that the information, descriptions, product features, and prices may sometimes be incomplete, for which Fabnet "EOOD" apologizes in advance to its Customers.

Applicable law in case of disputes

Bulgarian law applies. Any disputes arising between Fabnet "EOOD" and Customers will be resolved in a spirit of goodwill or, if this is not possible, disputes will be settled before the competent Bulgarian courts in accordance with Bulgarian law, unless the parties have agreed otherwise.

EXCERPT FROM THE CPA (electronic shopping section)

Art. 54. (Amended – SG, issue 61 of 2014, effective from 25.07.2014) (1) When the consumer has exercised their right to withdraw from a distance contract or an off-premises contract, the trader shall refund all amounts received from the consumer, including delivery costs, without undue delay and no later than 14 days from the date on which they were informed of the consumer's decision to withdraw from the contract under Art. 52.

(2) The trader is obliged to refund the amounts received using the same payment method used by the consumer in the initial transaction, unless the consumer has explicitly agreed to use another payment method and provided that this does not incur costs for the consumer.

(3) The trader is not obliged to refund additional shipping costs for the goods when the consumer has explicitly chosen a delivery method different from the cheapest type of standard delivery offered by the trader.

(4) In a sales contract, when the trader has not offered to collect the goods themselves, they may withhold payment of the amounts to the consumer under paragraph 1 until they receive the goods or until the consumer provides proof that they have sent the goods back, whichever occurs first.

Art. 55. (Amended - SG, issue 64 of 2007, issue 61 of 2014, effective from 25.07.2014) (1) When the consumer exercises their right to withdraw from a distance contract or an off-premises contract and when the trader has not offered to collect the goods themselves, the consumer must send or hand over the goods back to the trader or to a person authorized by them without undue delay and no later than 14 days from the date on which the consumer informed the trader of their decision to withdraw from the contract under Art. 52. The deadline is considered met if the consumer sends or hands over the goods back to the trader before the 14-day period expires.

(2) The consumer pays only the direct costs of returning the goods under paragraph 1, except in cases where the trader has agreed to pay them, or if the trader has not informed the consumer that the costs of returning the goods are to be borne by the consumer.

(3) In a contract concluded outside the commercial premises, when the goods have been delivered to the consumer's home at the time of concluding the contract, the trader is obliged to collect the goods at their own expense if the nature of the goods is such that they cannot be returned in the usual way by mail.

(4) The consumer is liable only for the reduced value of the goods caused by their use beyond what is necessary to establish the nature, characteristics, and proper functioning of the goods. The consumer is not liable for the reduced value of the goods when the trader has not informed them of their right of withdrawal under Art. 47, para. 1, item 8.

(5) When the consumer exercises the right of withdrawal after having made a request under Art. 48, para. 3 or Art. 49, para. 9, they pay the trader the proportional amount of what has actually been provided to them up to the moment the consumer notified the trader of exercising the right of withdrawal.

(6) The proportional amount under para. 5 that the consumer must pay to the trader is calculated based on the final price agreed in the contract. If the final price is excessively high, the proportional amount is calculated based on the market value of what has actually been provided.

(7) When the consumer exercises the right of withdrawal from the contract, they do not owe costs for:

1. the provision of services or the supply of water, gas, or electricity when they are not offered for sale in limited volume or fixed quantity, or for central heating, in whole or in part, performed during the withdrawal period, when:

a) the trader has not provided information pursuant to Art. 47, para. 1, items 8 or 10, or

b) the consumer has not expressly requested the performance of the contract to begin during the withdrawal period under Art. 48, para. 3 and Art. 49, para. 9, or

2. the delivery in whole or in part of digital content not supplied on a tangible medium, when:

a) the consumer has not given their explicit prior consent to start the performance of the contract before the expiration of the 14-day period under Art. 50, or

b) the consumer has not confirmed that they know that by giving consent to start the performance of the contract, they will lose their right of withdrawal from the contract, or

c) the trader has not provided confirmation of the consumer's explicit prior consent and acceptance to start the performance of the contract pursuant to Art. 48, para. 2 or Art. 49, para. 8.

(8) The consumer is not responsible for exercising the right of withdrawal, except in the cases under paragraphs 1, 2, 4, and 5 and Art. 54, para. 3.

GENERAL OBLIGATION TO PROVIDE INFORMATION – For stores

Art. 4. (1). Before the consumer is bound by a contract or an offer to conclude a contract, other than a distance contract or a contract concluded outside the commercial premises, the trader is obliged to provide the consumer with the following information in a clear and understandable manner, unless it is clear from the context or from the nature and character of the goods or services:

1. the main characteristics of the goods or services according to the communication means used and the nature of the goods or services, including information about the composition, packaging, as well as instructions for use, set contents, and maintenance;

2. the name/designation of the trader, the registered office and management address, their telephone number, as well as the email address and website, if any;

3. the final price of the goods or services including all taxes and fees, or when due to the nature of the goods or services the price cannot be reasonably calculated in advance – the method of its calculation; when applicable, the final price of the goods or services includes all additional costs for transport, delivery, or postal fees, and when these costs cannot be reasonably calculated in advance, it is indicated that such additional costs may be payable by the consumer;

4. when applicable, the conditions for payment, delivery, performance, the date on which the trader undertakes to deliver the goods or perform the service, and the trader's prescribed methods for handling complaints are indicated;

5. a reminder of the existence of a legal guarantee for the conformity of the goods with the sales contract and, when applicable, the availability of out-of-warranty service and commercial guarantees, if provided, as well as their conditions;

6. the term of the contract, when applicable, or if the contract is indefinite or includes a clause for automatic renewal, the conditions for its termination;

7. when applicable, the functionality is indicated (the different ways in which the digital content can be used, such as tracking user behavior; as well as the absence or presence of technical restrictions, such as digital rights management protection or regional coding and others), including applicable technical protection measures for the digital content;

8. when applicable, any relevant operational compatibility of the digital content with certain types of hardware and software is indicated (information about the standard hardware and software environment with which the digital content is compatible, such as the operating system; the required version and some hardware components), which are known to the trader or can reasonably be expected to be known to them;

9. availability of the goods or services;

10. the dangers associated with the usual use, utilization, or maintenance of the goods or services;

11. the conditions for the use of the goods or services, the impact they have on other goods and services in case of possible joint use or utilization;

12. the expiration date of the goods – when applicable.

Paragraph 4 is created in Article 233:

"(4) Acts establishing administrative violations and penalty orders within the meaning of the Administrative Violations and Penalties Act, as well as individual administrative acts within the meaning of the Administrative Procedure Code, may be served to any natural person present in the commercial establishment and who is in civil or labor relations with the person against whom they are issued."

DISTANCE CONTRACT - Online sales

“Art. 45. A distance contract is any contract concluded between a trader and a consumer as part of an organized system for distance sales or distance service provision without the simultaneous physical presence of the trader and the consumer, through the exclusive use of one or more means of distance communication up to the conclusion of the contract, including at the moment of concluding the contract.”

“Art. 47. (1) Before the consumer is bound by a distance contract or a contract concluded outside the commercial premises, or by a similar offer to conclude a contract, the trader is obliged to provide the consumer with the following information in a clear and understandable manner:

1. the main characteristics of the goods or services according to the communication means used and the nature of the goods or services;

2. the name/designation of the trader;

3. the registered office and management address of the trader, their telephone number, as well as their email address and website, if any, so that the consumer can quickly establish contact and communicate effectively with the trader; when applicable, the name/designation of the trader, the registered office and management address on whose behalf they act, is indicated;

4. the address of the place where the trader carries out their business activity, and when applicable – the address of the place where the trader, on whose behalf they act, carries out their business activity, to which the consumer can send any complaints – when the registered office and the management address of the trader do not coincide with those under item 3;

5. the final price of the goods or services including all taxes and fees or, when due to the nature of the goods or services the price cannot be calculated in advance within reasonable limits – the method of its calculation; when applicable, the final price of the goods or services includes all additional costs for transport, delivery, or postal fees, and when these costs cannot be calculated in advance within reasonable limits, it is stated that such additional costs may be payable by the consumer; in the case of an open-ended contract or a contract containing a subscription, the final price includes all costs for the billing period; when these contracts provide for billing at a fixed rate, the final price also includes all monthly costs; when the total amount of costs cannot be calculated in advance within reasonable limits, information is provided on the method of price calculation;

6. the costs of using the means of distance communication for concluding the contract, when these costs are calculated on a basis other than the basic tariff;

7. the conditions for payment, delivery, performance, the date on which the trader undertakes to deliver the goods or perform the services, and where applicable – the trader's intended methods for handling consumer complaints;

8. when the consumer has the right to withdraw from the contract, the conditions, deadline, and method for exercising it are indicated in accordance with Art. 52, para. 1 and 2 (When the consumer wants to withdraw from a distance contract or a contract concluded outside the commercial premises, he informs the trader of his decision before the expiry of the deadline under Art. 50 (14-day period). (2) To exercise his right of withdrawal, the consumer may use the standard withdrawal form according to Annex No. 6 or clearly express his decision to withdraw from the contract in another way.); the trader is obliged to provide the consumer with the standard form for exercising the right of withdrawal according to Annex No. 6:

_____________________________________________________________________________

Standard form for exercising the right of withdrawal from the contract

(fill in and send this form only if you wish to withdraw from the contract)

To

Fabnet "EOOD"

city of Blagoevgrad.....

email: .....

I hereby notify/I hereby notify* that I withdraw/we withdraw* from the contract concluded by me/us* for the purchase of the following goods*/ for the provision of the following service*:

……………………………………………………………………………………………………………………………………………………..

……………………………………………………………………………………………………………………………………………………..

– Ordered on*/ Received on* ........................................................................................

– Name of the consumer(s) ...............................................................................................

– Address of the consumer(s) ............................................................................................

– Signature of the consumer(s) ..........................................................................................

(only if this form is on paper)

– Date ..............................................................................................................................

* Unnecessary parts are crossed out.“

__________________________

9. where applicable, it is indicated that the consumer must bear the costs of returning the goods in case of exercising the right of withdrawal; for distance contracts, if due to their nature the goods cannot be returned in the usual way by mail, the costs of their return are indicated;

10. (this concerns the delivery of services, it does not concern us);

11. where no right of withdrawal is provided under Art. 57, the trader informs the consumer that there is no right of withdrawal or, where applicable, indicates the circumstances under which the consumer loses the right of withdrawal from the contract – Here we should specify under what circumstances the right of withdrawal is lost; the cases under Art. 57 that apply are:

Art. 57. The provisions of Art. 50 – 56 on the consumer's right of withdrawal from the distance contract or from the off-premises contract do not apply to contracts:

8. where the consumer has expressly requested the trader to visit his home for urgent repair or maintenance activities; when during such a visit the trader provides other services in addition to those requested by the consumer, or delivers goods other than spare parts necessary for the repair or maintenance, the right of withdrawal applies to these additional services or goods;

9. for the delivery of sealed sound recordings or video recordings or sealed computer software that are unsealed after delivery;

12. reminder of the existence of a legal guarantee for the conformity of the goods with the sales contract;

13. where applicable, the availability of post-sale assistance to the consumer, the availability of out-of-warranty service and commercial guarantee, as well as their conditions, are indicated.

18. where applicable, the functionality of the digital content (data produced and delivered in digital form, such as computer games, antivirus programs, applications, movies, music, texts, e-books, newspapers, magazines, software or online games, databases, betting websites, and others, whether accessible by download or streaming, via a physical medium or by any other means), including applicable technical protection measures, is indicated.

19. where applicable, any relevant operational compatibility of the digital content with certain types of hardware and software known to the trader or reasonably expected to be known to him is indicated.

20. where applicable, the possibility of using out-of-court procedures for dispute resolution and compensation in which the trader participates, and the conditions for access to them, are indicated.

Art. 49. (1) In distance contracts, the trader provides the information under Art. 47, para. 1 to the consumer or makes it available to the consumer in an appropriate manner depending on the means of distance communication used, in clear and understandable language. When the information is provided on a durable medium, it must be legibly written.

(2) For a distance contract concluded electronically via a website and which requires the consumer to make a payment, the trader provides the consumer with the information under Art. 47, para. 1, items 1 and 5 (main characteristics and final price) clearly and prominently near the button through which the consumer places the order. The trader must ensure that when the consumer places their order, they explicitly confirm that the order involves a payment obligation on their part. If placing an order involves activating a button or similar function, the button or that function must clearly display only the words "order with payment obligation" or another corresponding unambiguous phrase making it clear that placing the order leads to a payment obligation for the consumer.

(3) If the trader does not comply with the requirements of para. 2, the consumer is not bound by the contract or the order.

(4) On e-commerce websites, traders clearly and legibly indicate, at the latest when starting the ordering process, whether there are any delivery restrictions for the goods and which payment methods are accepted.

(8) The trader provides the consumer with confirmation of the concluded contract on a durable medium within a reasonable time after concluding the distance contract or at the latest at the time of delivery of the goods, or before the service begins. The confirmation from the trader must contain all the information under Art. 47, para. 1, unless the trader has provided this information to the consumer on a durable medium before concluding the distance contract and, in contracts for the supply of digital content not supplied on a tangible medium – confirmation of the consumer's explicit prior consent and acceptance to start performance of the contract before the expiry of the withdrawal period.

(10) The burden of proof for compliance with the requirements of paras. 1 – 9 lies with the trader.“

WITHDRAWAL FROM THE CONTRACT – The right of withdrawal is again provided only for distance contracts!!!

Art. 50. The consumer has the right to withdraw from the distance contract or the contract concluded outside the commercial premises, without giving any reason, without owing compensation or penalty, and without paying any costs, except for the costs provided for in Art. 54, para. 3 (the additional delivery costs of the goods when the consumer has expressly chosen a method of delivery other than the cheapest type of standard delivery offered by the trader) and Art. 55, within 14 days from the date of:

2. acceptance of the goods by the consumer or by a third party, other than the carrier and indicated by the consumer – in a sales contract, or:

a) when the consumer has ordered multiple goods in one order, which are delivered separately, from the date on which the consumer or a third party, other than the carrier and indicated by the consumer, accepts the last item;

Art. 51. (1) When the trader has not provided the consumer with information about their right of withdrawal from the contract under Art. 47, para. 1, item 8 (conditions, period, and method + Standard withdrawal form), the consumer has the right to withdraw from the distance contract or the off-premises contract within one year and 14 days from the date under Art. 50.

(2) When the trader provides the consumer with information about the right of withdrawal within one year from the date under Art. 50, the consumer has the right to withdraw from the distance contract or the off-premises contract within 14 days from the date of receipt of the information under Art. 47, para. 1, item 8.

(4) To exercise the right of withdrawal, the trader may provide the consumer with the option to complete and send electronically via the trader's website the standard withdrawal form according to Annex No. 6 or another unequivocal statement. In these cases, the trader is obliged to immediately send the consumer confirmation of receipt of the withdrawal on a durable medium.

(5) The burden of proof for exercising the right to withdraw from the distance contract or the off-premises contract lies with the consumer.“

Art. 54. (1) When the consumer has exercised the right to withdraw from the distance contract or the off-premises contract, the trader shall refund all amounts received from the consumer, including delivery costs, without undue delay and no later than 14 days from the date on which the trader was informed of the consumer's decision to withdraw from the contract under Art. 52.

(2) The trader is obliged to refund the amounts received using the same payment method used by the consumer in the initial transaction, unless the consumer has explicitly agreed to use another payment method and provided that this does not incur costs for the consumer.

(3) The trader is not obliged to refund additional shipping costs for the goods when the consumer has explicitly chosen a delivery method different from the cheapest type of standard delivery offered by the trader.

(4) In a sales contract, when the trader has not offered to collect the goods themselves, they may withhold payment of the amounts to the consumer under para. 1 until they receive the goods or until the consumer provides proof that they have sent the goods back, whichever occurs first."

Art. 55. (1) When the consumer exercises their right of withdrawal from a distance contract or an off-premises contract and the trader has not offered to collect the goods themselves, the consumer must send or hand over the goods back to the trader or to a person authorized by them without undue delay and no later than 14 days from the date on which the consumer informed the trader of their decision to withdraw from the contract under Art. 52. The deadline is considered met if the consumer sends or hands over the goods back to the trader before the 14-day period expires.

(2) The consumer pays only the direct costs of returning the goods under para. 1, except in cases where the trader has agreed to pay them, or if the trader has not informed the consumer that the costs of returning the goods are to be borne by the consumer.

(4) The consumer is liable only for the reduced value of the goods caused by their use beyond what is necessary to establish the nature, characteristics, and proper functioning of the goods. The consumer is not liable for the reduced value of the goods when the trader has not informed them of their right of withdrawal under Art. 47, para. 1, item 8.

(8) The consumer is not liable for exercising the right of withdrawal, except in the cases under paras. 1, 2, 4, and 5 and Art. 54, para. 3."

Art. 56. (1) When the consumer exercises their right of withdrawal from a distance contract or an off-premises contract, any additional contract is automatically terminated, without the consumer owing any costs, compensation, and/or penalties, except for the costs provided for in Art. 54, para. 3 and Art. 55 – for example, if a "Warranty+" has been concluded.

Art. 147a. (1) When concluding a contract under general terms and conditions with a consumer, the general terms and conditions bind the consumer only if they have been provided to them and they have agreed to them.

(2) The consumer's consent to the general terms and conditions is certified by their signature.

(3) The trader or an authorized representative is obliged to hand over a signed copy of the general terms and conditions to the consumer.

(4) The burden of proof of the consumer's expressed consent to the general terms and conditions and their receipt upon signing the contract lies with the trader.

(5) The clause for consent to the general terms and conditions of the contract and the declaration of their receipt by the consumer, included in individual contracts, is not proof of the actual acceptance of the general terms and conditions and receipt of a copy by the consumer.

Art. 147b. (1) The trader is obliged to notify the consumer of any change in the general terms and conditions of the concluded contract within 7 days of the occurrence of this circumstance at a phone number, email, or correspondence address provided by the consumer.

(2) If the consumer disagrees with the changes in the general terms and conditions, they may withdraw from the contract without stating a reason and without owing compensation or penalty, or continue to perform it under the terms and conditions in effect before the change.

(3) The consumer exercises their right under paragraph 2 by sending the trader a written notice within one month of receiving the notification under paragraph 1.

(4) Changes in the general terms and conditions bind the consumer under the contract when the consumer has been notified of them under the conditions of paragraph 1 and has not exercised their right under paragraphs 2 and 3.

(5) The trader is obliged to establish the fact of notifying the consumer about changes in the general terms and conditions.

REGARDING DELIVERY AND RISK

Art. 103a. The provisions of this section aim to ensure consumer protection in the delivery of goods, transfer of risk, conformity of the goods with the sales contract, warranty of the goods provided under this law, and commercial guarantees.

Art. 103b. (1) The trader is obliged to deliver the goods by handing them over to the consumer without undue delay within a period not exceeding 30 days from the conclusion of the contract, unless the parties have agreed otherwise.

(2) When the trader does not deliver and hand over the goods within the period specified in the contract or within the period under paragraph 1, the consumer requires the delivery and handover of the goods to be made within an additionally specified period depending on the circumstances. If the trader does not deliver and hand over the goods within this additionally specified period, the consumer has the right to terminate the contract.

(3) The provision of paragraph 2 does not apply to sales contracts when:

1. the trader has refused to deliver the goods, or

2. the delivery of the goods within the agreed delivery period is essential for the consumer, taking into account all circumstances at the time of concluding the contract, or

3. the consumer has notified the trader before concluding the contract that it is essential for the delivery to be made on a precisely specified date or at the latest by a certain date.

(4) If in the cases under paragraph 3 the trader does not deliver and hand over the goods within the agreed period with the consumer or within the period under paragraph 1, the consumer has the right to immediately terminate the contract.

(5) Upon termination of the sales contract, the trader is obliged to refund the consumer without undue delay all amounts paid under the contract.

(6) In case of termination of the sales contract under paragraphs 2 – 4, the consumer may claim compensation or penalty according to the general procedure.

Article 103v. (1) In contracts where the merchant sends the goods to the consumer, the risk of loss or damage to the goods passes to the consumer at the moment the consumer or a third party designated by them, other than the carrier, accepts the goods.

(2) When the consumer has chosen a carrier and entrusted them to transport the goods, but the carrier chosen by the consumer is not among the carriers offered by the merchant, the risk passes to the consumer upon handing over the goods to the carrier chosen by them. In case of loss or damage, the consumer may claim compensation or penalty from the carrier.

REGARDING COMPLAINTS

The following amendments and additions are made to Article 114:

1. A new paragraph 3 is created:

"(3) The merchant is obliged to satisfy a request for contract termination and to refund the amount paid by the consumer when, after satisfying three complaints from the consumer by repairing the same goods within the warranty period under Article 115, a subsequent occurrence of non-conformity of the goods with the sales contract is present."

The following amendments and additions are made to Article 117:

1. Paragraph 1 is amended as follows:

!!! "(1) A commercial warranty is any obligation undertaken by the merchant or manufacturer towards the consumer in addition to their obligation under this law to ensure the conformity of the goods with the sales contract, to refund the paid amount, or to replace or repair the goods, or to provide another type of service related to the goods when they do not meet the specifications or possibly other requirements unrelated to the conformity of the goods with the sales contract, specified in the application for providing a commercial warranty or in the respective advertisement made at the time of or before concluding the contract."

2. In paragraph 2, a second sentence is created: "The fulfillment of the obligations undertaken by the merchant under the commercial warranty does not involve any costs for the consumer."

The following amendments and additions are made to Article 127:

(3) When filing a complaint, the persons under paragraph 1 are required to describe it in the register "and the consumer is issued a document containing the date, the number under which the complaint is entered in the register, the type of goods, and the signature of the person who accepted the complaint."

(4) Complaints are accepted throughout the entire working hours at the commercial establishment where the goods were purchased or the service was ordered, at the merchant's management address, or at another place specified by the merchant. "The complaint can also be filed at any of the merchant's commercial establishments in the country where similar commercial activities are carried out as in the establishment where the goods were purchased." The right to choose the place for filing the complaint belongs entirely to the consumer.