Personal data policy

These GENERAL TERMS and CONDITIONS govern the relationship between Culligan Bulgaria Ltd, UIC 201622594, represented by Kamelia Yordanova Toneva, hereinafter referred to as "CLEARAIR BG", on the one hand, and the Users of the websites and services located on the Site (hereinafter referred to as Users), on the other hand.

Contact details:

Email address: contacts@clearair.bg;

phone: 028741046

Please read the published Terms and Conditions in full before using the information and commercial services offered on the Site (hereinafter referred to as the Services).

This document contains information about the activities of "CLEARAIR BG" and the general terms and conditions for the use of the services provided by "CLEARAIR BG", governing the relationship between us and each of our users.

Confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the User and "CLEARAIR BG".

By accepting the General Terms and Conditions, the User agrees to the processing of his/her personal data on the basis of the contract concluded between him/her and CLEARAIR BG. The processing of personal data takes place in accordance with the Privacy Policy of the Site.

DEFINITIONS

For the purposes of these General Terms and Conditions, the following terms are to be understood in the following sense:

Website -http://www.clearair.bg and all its subpages.

Consumer - is any natural person who acquires goods or uses services which are not intended for carrying out a commercial or professional activity, and any natural person who, as a party to a contract under this Act, acts outside the scope of his commercial or professional activity.

Terms and Conditions - these Terms and Conditions, which include terms of use, cookies, registration and shipping rules, voluntary dispute resolution, cancellation and exchange forms, and any other legally relevant information found on the Site.

Personal data - information about an individual that reveals his or her physical, psychological, mental, family, economic, cultural or social identity.

Goods - movable tangible property, with the exception of goods sold under enforcement or by other measures by bodies authorized by law, as well as goods abandoned or confiscated for the benefit of the state, declared for sale by state bodies. Water, gas and electricity, when offered for sale, packaged in a limited volume or quantity, are also goods.

Sales contract - a contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price for them, including contracts having as their object both goods and services.

Alternative consumer dispute resolution procedure - a procedure for out-of-court resolution of consumer disputes meeting the requirements of this Act and implemented by an alternative consumer dispute resolution body.

SERVICES PROVIDED

  • On the Site Users have the opportunity to conclude a contract for the purchase and delivery of the goods offered by "CLEARAIR BG".
  • Goods are only available to persons over the age of 16.

ORDERS

  • Users use the interface of the CLEARAIR BG website to conclude contracts for the purchase and sale of the products offered by CLEARAIR BG.
  • In case of unavailability of an item "CLEARAIR BG" reserves the right to refuse the order.
  • After selecting one or more goods offered on the website of "CLEARAIR BG", the User must add them to his list of goods for purchase.
  • It is necessary for the User to provide details for delivery and to select the method and time of payment of the price, then confirm the order through the interface of the site.
  • When placing an order, the User receives an email confirmation that his order has been accepted.
  • "CLEARAIR BG" has the right to refuse to conclude a contract with the User including but not limited to when:
  • there is a failure by the User to comply with the Terms and Conditions;
  • unfair, arrogant or rude attitude towards the representatives of "CLEARAIR BG";
  • systematic abuses by the User towards "CLEARAIR BG" have been established.
  • The user can manage his/her profile on the site: keep track of the history of orders placed keep track of the history of orders placed

PRICES

  • The prices of the goods offered are those indicated on the website of "CLEARAIR BG" at the time of ordering, except in cases of obvious error.
  • The prices of the goods include VAT, where it is provided for.
  • "CLEARAIR BG" reserves the right to change at any time and without notice the prices of the goods offered on the site, such changes will not affect orders already placed.
  • "CLEARAIR BG" may provide discounts for the goods offered on the site, in accordance with Bulgarian legislation and rules set by "CLEARAIR BG". The rules applicable to such discounts are available where the discount is displayed. Discounts may be provided in various forms (e.g. promotions, loyalty discounts, provided individually, randomly or as a result of participation in a competition or customer survey).
  • Different types of discounts cannot be combined when ordering and purchasing the same item.

PAYMENT

  • When the User returns goods with the right to a refund for any reason, the price subject to refund shall be reduced by the value of the discount applied to the goods and only the amount actually paid shall be refundable.
  • The user can pay the price of the ordered goods using one of the options listed on the website. On the Website it is possible to pay by credit or debit card, by bank transfer, cash on delivery If the User chooses the option of delivery by courier and payment by cash on delivery, he must pay the price of the ordered items together with the courier's delivery cost upon receipt of the goods.
  • If the User chooses a payment method involving a third party payment service provider, the User may be bound by the terms and conditions and/or fees of such third party.
  • "CLEARAIR BG shall not be liable if a payment method involving a third party payment service provider is unavailable or otherwise not functioning due to reasons that cannot be attributed to CLEARAIR BG.

WITHDRAWAL AND REPLACEMENT

  • The User has the right to withdraw from the contract without giving any reason, without compensation or penalty within 14 days from the date of acceptance of the goods by the User or by a third party.
  • In order to exercise his right under this clause, the User must unambiguously notify CLEARAIR BG of his decision to withdraw from the contract, individualizing the goods he wishes to return by providing all the details of the order and delivery made, including but not limited to: content and value of the order, details of the person who made the order, details of the person who accepted the delivery and date of delivery.
  • "CLEARAIR BG" publishes on its website a form for exercising the right of withdrawal.
  • In order to exercise the right of withdrawal, CLEARAIR BG provides the user with the choice of completing and submitting electronically via the website the standard withdrawal form or another unambiguous application. In such cases, CLEARAIR BG shall immediately send the user an acknowledgement of receipt of the opt-out on a durable medium.
  • The User is obliged to return the goods at his own expense together with the receipt and the invoice, if any, by handing them over to "CLEARAIR BG" or to a person authorized by the latter, within 14 days from the date on which the User has exercised his right of withdrawal from the contract.
  • On return, the goods must be in their original packaging, without any signs of use or damage to the commercial appearance.
  • "CLEARAIR BG has the right to postpone refunds until the goods have been received back or proof has been provided that the goods have been sent back, whichever is the earlier.
  • In the event that the User fails to comply with his obligation under paragraph 5, without notifying CLEARAIR BG of the delay and without providing a valid reason for the same, he shall be deemed to have withdrawn his statement of exercise of withdrawal.
  • Where CLEARAIR BG has incurred costs in connection with the performance of the contract and the User withdraws from the contract, CLEARAIR BG shall be entitled to retain the relevant amount for the costs incurred or to demand payment thereof.
  • The consumer shall not be entitled to withdraw from the contract where the subject matter of the contract is:
  • goods made to the consumer's order or according to his individual requirements;
  • "CLEARAIR BG" shall refund the User the price paid for the returned goods.
  • A form for exercising the right of withdrawal can be downloaded here.

WARRANTIES AND COMPLAINT

  • The consumer has the right to claim for any non-conformity of the goods with the agreed/ordered when, after delivery, discrepancies with the contract of sale are found.
  • Any non-conformity of the consumer goods with the contract of sale which becomes apparent within 6 months after delivery of the goods shall be deemed to have existed at the time of delivery, unless it is proved that the lack of conformity is due to the nature of the goods or to the nature of the non-conformity.
  • The consumer may not challenge the conformity of the consumer goods with the contract of sale where he knew or could not have been unaware of the non-conformity when concluding the contract.
  • The consumer has the right to claim the goods regardless of whether the manufacturer or trader has provided a commercial guarantee for the goods.
  • When the complaint is satisfied by replacing the goods with another, corresponding to the agreed, "CLEARAIR BG" will keep the consumer the original warranty conditions.
  • When claiming the goods, the consumer may claim a refund of the amount paid, replacement of the goods with another, corresponding to the agreed or a discount on the price.
  • The complaint shall be submitted verbally to the telephone number indicated by "CLEARAIR BG" or in writing via the indicated email, by mail or submitted to the address of the company. "CLEARAIR BG shall make available on its website a claim form.
  • When submitting a claim, the consumer shall indicate the subject of the claim, his preferred method of satisfying the claim, respectively the amount claimed, and the address, telephone number and email for contact.
  • When submitting a claim, the consumer must attach the documents on which the claim is based, namely:
  • receipt or invoice;
  • protocols, acts or other documents establishing the non-conformity of the goods with the agreed;
  • other documents establishing the basis and amount of the claim.
  • A claim for consumer goods may be made up to two years from the delivery of the goods, but not later than two months from the discovery of the non-conformity with the agreed terms and after the expiry of its shelf life.
  • The time limit stops running during the time it takes for the seller and the consumer to reach an agreement to resolve the dispute.
  • If "CLEARAIR BG" has provided a commercial guarantee of the goods and the term of the guarantee is longer than the terms for filing a claim under par. 1, the claim may be submitted until the expiry of the commercial warranty.
  • The making of a claim is not a bar to a claim.
  • "CLEARAIR BG" maintains a register of claims. A document is sent to the User to the email address provided by the User, which indicates the number of the claim from the register and the type of goods.
  • When "CLEARAIR BG" satisfies the complaint, it issues a certificate of this, which is drawn up in duplicate, and provides one copy to the User.
  • "CLEARAIR BG" in case of a justified complaint shall bring the goods into conformity with the contract of sale within one month from the submission of the complaint by the User.
  • If the goods have not been repaired after the expiry of the time limit under the preceding paragraph, the Consumer has the right to cancel the contract and to be refunded the amount paid or to request a reduction in the price of the consumer goods under Article 114 of the Consumer Protection Act.
  • Bringing the consumer goods into conformity with the sales contract is free of charge for the User. He shall not be liable for the costs of dispatch of the consumer goods or for materials and labour relating to their repair and shall not suffer any significant inconvenience.
  • In case of non-conformity of the consumer goods with the contract of sale and when the Consumer is not satisfied with the resolution of the complaint, he has the right to choose between one of the following options:
  • cancellation of the contract and reimbursement of the amount paid;
  • price reduction.
  • The consumer may not claim a refund or a reduction in the price of the goods where the trader agrees to replace the consumer goods with new ones or to repair the goods within one month of the consumer's complaint.
  • The trader is obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the consumer when, after having satisfied three complaints of the consumer by repairing the same goods within the warranty period, there is a subsequent occurrence of non-conformity of the goods with the contract of sale.
  • The consumer may not claim cancellation of the contract if the non-conformity of the consumer goods with the contract is insignificant.
  • A form for exercising the right to claim can be downloaded here.

INTELLECTUAL PROPERTY

  • The intellectual property rights in all materials and resources located on the CLEARAIR BG website (including available databases) are protected by the Copyright and Related Rights Act, belong to CLEARAIR BG or to the appropriately designated person who has assigned the right of use to CLEARAIR BG, and may not be used in violation of applicable law.
  • In case of copying or reproduction of information outside the permissible, as well as in case of any other infringement of intellectual property rights on the resources of "CLEARAIR BG", "CLEARAIR BG" has the right to claim compensation for direct and indirect damages in full.
  • Except where expressly agreed, the User may not reproduce, modify, delete, publish, distribute or otherwise disclose the information resources published on the CLEARAIR BG website.
  • "CLEARAIR BG" undertakes to exercise due diligence to ensure the User's ability to access the services provided.
  • "CLEARAIR BG reserves the right to suspend access to the services provided. "CLEARAIR BG has the right, but not the obligation, at its sole discretion, to delete information resources and materials posted on its site.

TERMINATION AND CANCELLATION OF THE CONTRACT

  • "CLEARAIR BG" shall have the right to terminate the contract unilaterally at its own discretion, without notice, in the event that it finds that the services provided are being used in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria and generally accepted moral standards.
  • Except as provided in these Terms and Conditions, the contract between the parties shall also terminate if CLEARAIR BG ceases to operate or ceases to maintain its website.
  • Except as provided above, either party may terminate this Contract by giving one week's notice to the other party in the event of default under the Contract.
  • The written form of the contract shall be deemed to have been complied with by sending a message by electronic mail (e-mail), pressing an electronic button on a page with content that is filled in or selected by the User or ticking a box (check box) on the website, etc., as long as the statement is recorded technically in a way that allows it to be reproduced.

SEVERABILITY CLAUSE

The parties declare that in the event that any provision(s) of these Terms and Conditions shall prove to be invalid, this shall not invalidate the whole or any other part of the Contract. The invalid clause will be superseded by mandatory rules of law or established practice.

AMENDMENT OF THE GENERAL TERMS AND CONDITIONS

  • "CLEARAIR BG" is obliged to notify Users of any change in these terms and conditions within 7 days of the occurrence of this circumstance to the email address provided by the User.
  • Where the User does not agree with the amendments to the General Terms and Conditions, the User shall have the right to withdraw from the contract without giving any reason and without being liable to compensation or penalty. In order to exercise this right, the User shall notify "CLEARAIR BG" within one month of receipt of the notice referred to in the preceding paragraph.
  • In the event that the User does not exercise his right to withdraw from the contract in accordance with the procedure set out in these General Terms and Conditions, the amendment shall be deemed to have been accepted by the User without objection.

APPLICABLE LAW

The provisions of the current legislation of the Republic of Bulgaria shall apply to all matters not covered by these General Terms and Conditions.

 


Personal Data Protection Authority contacts

  • Website: https://www.cpdp.bg/
  • phone: 02/91-53-518
  • email: kzld@cpdp.bg
  • address: Sofia 1592, 2 „Prof. Tsvetan Lazarov” blvd.