These Terms and Conditions of Use („Terms“) govern the relationship between Вейпър ЕООД, a company registered under the Commercial Law of the Republic of Bulgaria with UIC 201905980, and registered address:
град Стара Загора, ул. Екзарх Антим I 104 (hereinafter referred to as "Supplier"), on the one hand, and any person (hereinafter referred to as „User“) who makes a purchase through the Esmoker.BG website (hereinafter referred to as „Website“), and collectively referred to as "the Parties“. The User declares that he/she has the legal capacity to enter into a contract which allows him to place an order on this Website. The Parties agree that their relationship shall be governed exclusively by these Terms and Conditions. These Terms and Conditions are subject to change and in this respect the applicable Terms and Conditions are those in force at the time of placing the order on the Website.
The Supplier shall organize the delivery of the goods ordered by the Users and guarantee the rights of the Users provided by law, and in good faith, the criteria and conditions accepted in practice, consumer or commercial law.
In order to complete the order requested by the User, the Parties shall enter into a contract for the purchase of the goods or services requested. The contract shall be concluded in Bulgarian and stored in the Supplier's database.
By virtue of the concluded purchase and sale agreement, the Supplier shall arrange the delivery and transfer of ownership of the goods specified by the User, and the User shall pay the Supplier the previously stated price for the goods and delivery in accordance with the terms set out on the Website and these Terms and Conditions.
2. Features of the Website
This Website is an e-commerce platform through which Users are able to enter into contracts for the purchase and delivery of the goods offered by the Supplier, including:
- To register and create an account on the Website platform;
- To view the goods, their characteristics, prices and delivery terms;
- To conclude agreements with the Supplier for the purchase and delivery of the goods offered through the Website;
- To receive information about new goods, services or other promotions offered through the Website;
- To be notified of their rights under applicable laws and to exercise those rights.
3. Registration and ordering details
Registration (creating an account) on the Website is absolutely voluntary and free of charge. Registration is necessary only when using certain features of the Website. The user can browse the Website and the goods offered freely without registration. Registration is not a mandatory condition for placing an order and concluding a purchase agreement regarding the goods on the Website.
In order to register, the User must complete a registration form by providing a first and last name, e-mail address and creating a password.
Prior to completing an order as a registered user, the User shall additionally provide a telephone number and delivery address in the event that they wish the ordered goods to be delivered to an address provided by the User.
In providing registration and order details, the User shall agree:
- To provide true, accurate, up-to-date and complete information about him-/herself when completing the registration form;
- To change such personal data as necessary to ensure that it is true, accurate, up-to-date and complete.
In the event that the User provides false, inaccurate, outdated or incomplete information, the Supplier shall have the right to block and/or delete the User's account and deny the User further access to some or all of its services.
The User is responsible for maintaining the confidentiality of his/her account. The User shall immediately notify the Supplier of any unauthorized use of his/her account or any other breach of security.
In case the User forgets (loses) his/her password, he/she may request the Supplier to provide a new password and the Supplier will automatically send a message to the User's e-mail containing a new password for access to the account. It is recommended that immediately after accessing the account with the automatically generated password, the User changes this password with another secure password via the user panel.
The Supplier shall not be liable for any damages and losses arising due to failure to comply with the provisions of this clause.
4. Ordering goods
Placing an order (concluding a purchase contract) is carried out by the following steps:
- The User fills the Shopping Cart with goods of choice;
- The User enters delivery details;
- The User selects the delivery method;
- The User selects the payment method;
- The User enters invoice details (optional);
- The User submits their order by clicking the „Complete order“ button;
After completing the order, the User will receive an email from the Supplier confirming the order and containing the order details.
The order confirmation email shall bear the meaning of acceptance by the Supplier of the submitted order and thus shall form a purchase agreement between the Parties.
As soon as the order is ready for dispatch, the Supplier will send an email confirming the dispatch of the order to the User.
5. Prices and payment method
The prices displayed on the Website are in BGN, VAT included, and are applicable for delivery on the territory of Bulgaria. The Supplier reserves the right to change the prices of the goods at any time, without notice, except for goods already ordered by the User. VAT shall be applied at the statutory rate in force at the time the order is placed. The prices of goods displayed on the Website do not include courier costs.
The user may pay the price for the individual goods at once when ordering the goods or upon their delivery in one of the following ways:
By accepting these Terms and Conditions, the User undertakes to pay the Supplier in advance, in full, the purchase price of any goods ordered from the Website, except in the case of payment by „cash on delivery“.
In case of payment by „cash on delivery“ upon delivery, the User receives from the courier an invoice/fiscal receipt, which indicates the price due for the goods and the cost of processing and delivery of the order. The user shall pay the courier the total amount due, including the price of the goods and the handling and delivery charges stated in the invoice/receipt. The payment shall be noted in the acceptance document, which serves as a receipt and certifies the delivery of the goods by the courier to the User. By signing the acceptance document, the User authorizes the courier to transfer on his behalf and at his expense to the Supplier the amount specified in the invoice/fiscal receipt.
The user shall have the right to choose whether the goods will be delivered to an address specified by him/her, to an office of a courier, or to one of our stores. Products are delivered only to regular postal addresses in Bulgaria. Goods can also be delivered to the so-called "collective" address (an address that is, for example, in a business building, school, kindergarten, etc.). In this case, the User shall confirm that the delivery had been made upon face-to-face delivery to the collective address indicated in the order, although the goods may be received by a third party. The transfer of risks to the User takes place upon delivery, so it is important that the User shall take all measures to ensure receipt of his/her order at such address.
The delivery time is 30 days from the conclusion of the agreement, unless otherwise agreed by the Parties. The User will be automatically informed of the dispatch of his/her order by e-mail or telephone.
If the Supplier is unable to perform the contract because of not having the ordered goods, he is obliged to notify the User and refund the amounts paid by him.
Delivery shall be made by courier company, and the cost thereof shall be borne by the User, unless otherwise provided in these Terms and Conditions.
A User who is absent at the time of delivery will be contacted again in accordance with the rules of the relevant courier and, if delivery is not made within 10 working days, the product will be returned to the Supplier. The Supplier shall then attempt to contact the User and, in the absence of a response within 7 working days, the User shall be deemed to have exercised their right of withdrawal.
The User must inspect the goods at the time of delivery and transfer and if the goods do not meet the requirements, to notify the Supplier immediately. If the User does not notify the Supplier, the goods shall be deemed to be approved as conforming to the requirements.
In the event of an error, regardless of whose fault, resulting in the User receiving goods other than those ordered, or at a different price from what had been specified at the completion of the order, the User shall immediately return the goods at the Supplier's expense.
7. Right to return the goods
The user has the right to withdraw from the agreement within 14 days from the date of acceptance of the goods by the Supplier, without compensation or penalty and without giving a reason. The User shall notify the Supplier of his/her wish to withdraw from the contract or to replace a good clearly and unambiguously by completing the standard form for withdrawal in one of the following ways:
– by post to град Стара Загора, ул. Екзарх Антим I 104
– by email to firstname.lastname@example.org
The Supplier shall refund all amounts received from the User without undue delay and no later than 14 days from the date on which the goods are accepted by the Supplier. The Supplier shall reimburse the amounts received using the same means of payment used by the User in the original transaction, unless the User has expressly wished to use another method of payment and provided that this is at no cost to the User.
Instead of refunding the amount paid, the User shall have the right to request a replacement with different size or item appearing in his original order.
The cost of returning the goods shall be borne by the User.
The right of withdrawal does not apply to the following agreements:
- for the supply of goods or services whose price depends on fluctuations in the financial market which cannot be controlled by the Supplier and which may occur during the period for exercising the right of withdrawal;
- for the supply of goods made to the User’s order or in accordance with his individual requirements;
- for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
- for the delivery of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
- for the delivery of goods which, having been delivered, have by their nature become mixed with other goods from which they cannot be separated;
- for the delivery of alcoholic beverages, the price of which is agreed at the time of conclusion of the contract of sale, where delivery can be made no earlier than 30 days from the conclusion of the contract and whose actual value depends on market fluctuations which cannot be controlled by the Supplier;
- where the User has expressly requested the Supplier to visit him/her at his/her home in order to carry out urgent repair or maintenance work; where, during such a visit, the Supplier provides other services in addition to those requested by the User, or delivers goods other than spare parts necessary to carry out the repair or maintenance, the right of withdrawal shall apply to such additional services or goods;
- for the supply of sealed audio or video recordings or sealed computer software that are unsealed after delivery;
- for the supply of newspapers, periodicals or magazines, excluding subscription contracts for the supply of such publications;
- that are concluded during a public tender;
- for the supply of accommodation services not intended for living purposes, the transport of goods, the hire of cars, catering services or the provision of services relating to leisure activities, if the contract provides for a specific date or time limit for performance;
- for the provision of digital content which is not delivered in a tangible medium, where performance has commenced with the express consent of the User who has acknowledged that he is aware that he will thereby lose his right of withdrawal.
The Supplier and the User shall conclude separate purchase agreements for the goods requested by the User, notwithstanding that they are selected by a single electronic order, and the Supplier shall arrange the delivery of the goods ordered by the separate purchase agreement as a whole. The User's rights in relation to the delivered goods shall be exercised separately for each purchase agreement. The rights in relation to a delivered good shall not affect and shall not be valid in relation to the purchase agreements for the other goods. In the event that the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the purchase agreement for a particular good shall not affect the purchase agreements for the other goods delivered to the User. When exercising the rights under the purchase agreement, the User shall be obliged to indicate accurately and unambiguously the agreement and the goods in respect of which he exercises the rights.
8. Legal and commercial warranty
- Legal warranty
The Supplier shall remind the User of the existence of a legal warranty regulated by the Consumer Protection Act (CPA). The legal warranty is the Supplier's obligation to warrant, within two years of delivery of the goods, the sell of an item that had been as described in the contract of sale. The two-year period starts from the day the User has received the delivery.
In the context of the legal warranty, the User:
- shall have the right to claim within 2 years from delivery;
- shall have the right to choose between the repair or replacement of the product under the conditions for bearing the costs of delivery provided for in the CPA;
- it is not necessary to prove the lack of conformity of the goods by the Consumer within six months after delivery of the product. For the first six months this shall be the responsibility of the Supplier and thereafter – of the User.
The legal warranty of conformity applies regardless of any commercial warranty that may be provided.
- Commercial warranty
Some goods sold through the Website may also benefit from a commercial warranty, the duration of which is stated on the product page of the relevant product. If the goods benefit from a commercial warranty, the User will receive a warranty card at the latest at the time of receipt of his order, which will indicate the content of the commercial warranty, its performance, term and territorial scope, as well as the name and address of the guarantor. All goods are subject to the warranty conditions of the respective manufacturer or authorized service centres. Only the original warranty cards received with the goods are valid in the service centres.
The warranty is void in case of:
- damage caused by improper storage or handling.
- attempted repair by the User and/or any other person.
- the use of poor quality and non-original consumables.
- as a result of force majeure.
9. Behaviour of Users
Users of the Website shall understand that the information, data, opinions and comments, text, software, music, sound, photographs or any other materials (collectively, "Content") posted that they make public or transmit confidentially through their use of the Website are the sole responsibility of the User who generated that Content.
By using the Website, the User may encounter Content that is offensive, indecent or objectionable. Under no circumstances will the Supplier be liable for any Content created by Users, including errors and omissions therein and/or for any damages or harm of any nature incurred as a result of the use of Content displayed, posted, transmitted or otherwise made available through the Website.
The User agrees to NOT use the Website to:
- formulate, send or otherwise transmit Content that is unlawful, harmful, threatening, abusive, harassing, injurious, defamatory, vulgar, obscene, libellous, invasive of the privacy of others or racially, ethnically or otherwise objectionable;
- create promotional content for goods and services outside the Website, and to post web addresses linking to pages and services outside the Website, except where expressly permitted.
- impersonate a person or group of people, including but not limited to: Supplier’s representative, manufacturer’s representative, etc., or otherwise misrepresent his/her identity;
- falsify headers or otherwise manipulate identification means in order to disguise the origin of Content transmitted through the Website;
- formulate, send, publish or otherwise transmit Content that is not permitted to transmit by law or as a result of other contractual or confidential relationships (such as inside information, confidential information or information about someone else’s property obtained as a result of a rental relationship, or that is subject to non-disclosure agreements);
- formulate, transmit, publish or otherwise communicate Content that infringes any patent, trademark, copyright or other proprietary right of any party;
- formulate, send, post or otherwise transmit unauthorized promotional materials, unsolicited commercial messages (spam), “chain letters”, aliased subdomains, “pyramid schemes” or other forms of attracting customers;
- formulate, send, post or otherwise transmit material containing computer viruses or other computer codes, files or programs designed to interrupt, disrupt or limit the operation of computer software, hardware or telecommunications equipment;
- disrupt the normal operation of other users of the Website;
- interfere with the provision of the Website Services or disrupt the operation of servers or networks connected to the Services; or fail to comply with the requirements, procedures, policies or regulations of networks connected to the Website;
- intentionally or unintentionally violate local, national or international laws;
- stalk or otherwise harass other Users;
- improperly collect or use personal information about other Users.
The Supplier reserves the right to restrict and/or deny access to the Website to Users who repeatedly or systematically violate the above requirements.
The Supplier reserves the right to edit and remove information provided by the User in violation of the requirements listed above.
strong>10. Copyright and related restrictions
The Supplier grants the Users the right to use any services that are provided through the Website for personal, non-commercial use only, provided that the Supplier or third parties’ copyrights related directly or indirectly to the materials on the Website are not infringed. The materials on the Website shall not be altered in any way nor copied, publicly distributed or shared for any public or commercial purpose. The use of materials published on the Website on other websites is prohibited.
The materials on this Website are protected by the Bulgarian Copyright and Neighbouring Rights Act and any unauthorized use may constitute copyright infringement.
The Supplier reserves the right to reassign the rights to publish materials and any parts of the information on the Website to third parties subject to a further agreement in writing between the Supplier and the person publishing the information.
11. Links from and to the Website
Owners of websites and pages outside the Website are entitled to create links to any HTML page on the Website under the following conditions:
- the link may point to the page, but not copy its content, copying of text material from the page to which the link points is allowed, up to 10 words in length;
- must not open the page of the Website in frames, or supplement, or modify the information on the page in any way. Additionally, adding information before, after and/or around the Website page is prohibited;
- owners of websites and pages outside the Website must not state, explicitly or implicitly, that the Website recommends them and/or their products and services;
- must not give false or misleading information about the Website’s products and/or services.
By creating a link to the Website, the Website owner declares the acceptance of these Terms and Conditions, even if he/she do not use the services of the Website.
Owners of websites and pages outside the Website are not allowed to create links to images, multimedia samples and other content, but only to the HTML pages providing this content.
The links provided on the Website to other websites owned by third parties are posted solely for the convenience of the Users. When using such a link, users are not using a service provided by the Website and after using the link, these Terms and Conditions become null and void. The Supplier has no control over the linked websites and accepts no responsibility for any of them and/or their content. Thus, the Supplier in no way imposes or recommends these websites or the information published on them. Visiting those websites and all risks associated with it is the sole responsibility of the User.
12. Information about supervisory authorities
Personal Data Protection Commission
Address: Sofia, 2 Prof. Tsvetan Lazarov St.
Tel.: 02/91-53-515; 02/91-53-519
E-mail: email@example.com, firstname.lastname@example.org
Consumer Protection Commission
Address: Sofia, 4A Slaveykov Sq., floor 3, 4 and 6,
Phone: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Commission for Protection of Competition
Address: Sofia, 18 Vitosha Blvd.
Phone: 02 / 935 61 13
Fax: 02 / 980 73 15
Hotline: 0700 111 22
13. Applicable law and disputes
These Terms and Conditions of Sale are subject to Bulgarian law.
All disputes between the parties shall be resolved in a spirit of understanding and goodwill. In the event that no agreement is reached, all unresolved disputes arising out of or relating to the agreement between the Parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, shall be resolved by the court of competent jurisdiction determined in accordance with the provisions of the Civil Procedure Code.
The User is informed of the possibility to have recourse in the event of a dispute to a conciliation commission pursuant to the CPA, a mediation procedure, EU online dispute resolution, or any other alternative dispute resolution method.
14. Other provisions
The Supplier does not guarantee the accuracy, thoroughness, correctness or nature of any content sent and distributed via the Website. Nor does the Supplier guarantee that the materials or services on this Website are appropriate or available for use outside Bulgaria and, therefore, access to them is not permitted from territories where their content is illegal.
The Supplier may change the technology and design of the goods without prior notice.
Given the international nature of the Internet network and that the Website is connected to this network, the Supplier cannot guarantee that the flow of information to and from the Website will not be monitored and recorded by third parties.
Use of the Website by persons under the age of 18 is prohibited.
15. Amendments and severability of the Terms and Conditions
These Terms and Conditions consist of all of the clauses that comprise them. Failure to refer to any of these clauses shall not constitute a waiver of these Terms and Conditions. If one of the clauses is invalid, this shall not invalidate the remaining clauses.
These Terms and Conditions may be updated at any time without special notice to the Users. The Provider shall not be liable in cases when the User has not read the latest version of these Terms and Conditions.
When using the services of the Website, the User is obliged to comply with these Terms and Conditions, as well as all other conditions set by the legislation of the Republic of Bulgaria and international legislation, even if not mentioned in these Terms and Conditions.
16. Correspondence details with the Supplier
Address: град Стара Загора, ул. Екзарх Антим I 104
Phone: 0 700 20 456
Last updated on Terms and Conditions: 26.11.2020