General Conditions of Use
1. General Conditions of Use
These General Conditions (hereinafter referred to as “Conditions of Use”) shall apply to all contracts concluded through the online store with Innovative Pro Engineering LTD.,Plovdiv, Bulgaria and customers who are consumers.
A consumer shall be any natural or legal person who concludes a transaction for a purpose that is neither commercial nor could be classified as exercising his or her liberal profession.
The customer shall accept these Conditions and shall consent to them as of the moment of making the order.
Including general conditions or specific conditions in the customer’s contract that differ from these General Conditions shall be rejected unless expressly acknowledged by Innovative Pro Engineering LTD.
2. Concluding a Contract
Product's presentations on Innovative Pro Engineering LTD website shall not constitute an offer in the legal sense but rather an invitation to the customer to make an offer. An offer in the legal sense shall be made by the customer making an order. Immediately after the order has been made, an automatically generated e-mail shall confirm receipt of the order, together with the order intake. By this confirmation-of-receipt e-mail the sale contract shall be deemed concluded.
The customer may choose the product or products he or she wishes to purchase from the general review of products’ range by clicking the button ‘Purchase’. The selected goods shall be stored temporarily in a basket during the customer’s visit of website. By clicking the button next to the goods listed in the basket, the customer is transferred to the ordering process. On the next page, the customer is invited to log in to his or her online store account if he or she has already registered, or to register as a new customer. Next, the customer chooses the preferred place for delivery and method of payment, and enters the data required for the payment. Prior to making the order, the order details are summarized in the ‘Order Review’. The customer may check once again the information entered in the order review and correct it if necessary before completing his or her order by clicking on the ‘Send and Pay’ button and send the order to Innovative Pro Engineering LTD. By clicking on the ‘Send and Pay’ button, the customer shall make a binding offer for the purchase of the goods selected by him or her.
After receipt of the order, Innovative Pro Engineering LTD shall send a notification e-mail to the address specified by the customer confirming receipt of the order and reproducing the order content (hereinafter referred to as ‘Order confirmation’). In case Innovative Pro Engineering LTD rejects concluding a contract, the customer shall be notified by telephone by an officer of the company.
Storing the content of the contract
The content of the contract, that is the information provided by the customer for the purpose of making an order shall be stored by Innovative Pro Engineering LTD and may be seen by the customer by choosing ‘My orders’ in ‘My account’ menu. Separately, Innovative Pro Engineering LTD shall send a confirmation of the order and these Conditions to the e-mail address specified by the customer.
3. Right of Withdrawal
Pursuant to the General Conditions of Internet platform for electronic commerce, and in accordance with the Consumer Protection Act, you have the right to withdraw from the purchased products within 14 days as of the date you received your order.
The customer shall bear the costs of the rejected products.
In case you withdraw from the order, we shall pay you the amount due not later than 14 days as of the date we received the rejected product/s.
Back payment shall be made using the same method of payment used for the initial transaction, unless expressly agreed otherwise with you.
No fees shall be charged for back payment when exercising your right of withdrawal.
Payment of due amounts shall be made in case correct data about bank account, name of the bank, IBAN and BIC have been provided, following the procedure described in Article 54 et seq. of the Consumer Protection Act, and provided that the conditions for withdrawal apply to the returned product. Shipments with products which due to improper packaging have been damaged during transportation shall be returned to the customer at his or her own expense.
In case the returned products do not meet the conditions and we establish that they have been used, or are no longer intact, or without their original packaging, they shall be revalued, and the difference shall be paid to the customer.
Innovative Pro Engineering LTD preserves the right not to repay returned products, in the case of exercised right of withdrawal, if they are damaged and cannot be used or offered again. In those cases, we will contact you to clarify the details.
The right of withdrawal shall not apply to orders for the supply of products that are made according to the individual requirements of the customer and tailored to suit his or her personal needs.
To receive sample return form, please contact us.
4. Right of substitution
The customer shall have, within 30 days as of the date of receipt of the product, the right to have it replaced with another one. To that end he or she must notify Innovative Pro Engineering LTD about his or her intention by filling in and sending a form for return and substitution. In this form, the customer must specify the product that he or she is returning, and the substitute product.
Innovative Pro Engineering LTD shall proceed to substitution only after receipt of a correctly filled in form and the product that has to be replaced.
In case no substitution may be made, Innovative Pro Engineering LTD shall be obliged to notify the customer about this.
The products that you return when exercising your right of substitution must be in their original packaging, intact and not used.
To receive sample replacement form, please contact us.
All prices are final prices; these include packaging costs and include statutory value added tax (VAT).
6. Shipping Costs
In addition to the specified prices, shipping costs shall be also charged. Details about the shipping costs may be found in the offers. Shipping costs include the relevant value added tax.
7. Terms of Delivery
Unless agreed otherwise, deliveries shall be made to the address specified by the customer, or to an office of a courier company.
Delivery time starts running after receipt of the customer’s order and after payment of the order by bank transfer.
In case of damaged products during shipment, the customer must immediately notify the shipping company about the damage and claim compensation.
Innovative Pro Engineering LTD shall not be held liable for any obstacles encountered during shipment by couriers or manufacturers. In case delivery or meeting the agreed delivery terms shall not be possible due to circumstances beyond the control of Innovative Pro Engineering LTD, the latter shall have the right to withdraw from the contract completely. Innovative Pro Engineering LTD undertakes to notify the customer immediately about these circumstances. These cases rule out entirely any compensation claims. In case of any restrictions for the delivery, the customer shall be informed prior to starting the order.
The purchase price shall be due in advance by bank transfer. All received orders shall be processed after Innovative Pro Engineering LTD issues an invoice and payment by bank transfer made by the end user has been received.
8. Payment Terms
In case of upfront payment, the customer shall transfer the invoice amount within 14 days after concluding the contract to the bank account of Innovative Pro Engineering LTD (bank details may be found in section ‘Data’ on the website). Goods shall be shipped only after receipt of bank payments.
In case the customer fails to transfer the invoice amount within 14 days after conclusion of the contract to the bank account of Innovative Pro Engineering LTD, the contract shall be deemed null.
Unless otherwise stated, the general legal provisions shall apply.
The warranty shall be excluded in case of damage caused by the customer. This shall apply in particular in case of improper handling, malfunctioning or unauthorized repair attempts.
The shortened limitation period shall not apply in case of damages caused by a breach of an obligation due to gross negligence on the part of Innovative Pro Engineering LTD or an intentional or gross breach of an obligation due to gross negligence on the part of a legal representative or an authorized person of Innovative Pro Engineering LTD. The shortened limitation period shall not apply to actions for damages for negligent or intentional breach of essential contractual obligations. Essential contractual obligations shall be obligations whose performance renders possible the proper performance of the contract and for which the client can rely on regular compliance.
In case the delivered products have obvious faults in design or manufacture (including transportation damage), please inform the supplier immediately and contact us as soon as possible. Failure to file a complaint or contact us immediately shall not have any consequences as regards the legal warranty claims; it serves only to help the service provider file its claim against the shipping company, in particular claim the insurance.
In case of a manufacturer’s warranty, the customer must submit his or her claim directly to the manufacturer. Innovative Pro Engineering LTD liability under the warranty shall be thus eliminated.
Customer’s compensation claims vis-à-vis Innovative Pro Engineering LTD shall be ruled out, unless Innovative Pro Engineering LTD or their legal representative or performance assistant have acted intentionally or with gross negligence.
This shall be without prejudice to liability for damage arising from damage to life, body or health, due to negligence or intentional breach of essential contractual obligations or, in case of breaches or other breaches of obligations or claims for compensation for pecuniary damage under the Liability for Products Act or obligations arising upon the conclusion of the contract.
Essential contractual obligations shall be obligations whose performance renders possible the proper performance of the contract and for which the client can rely on regular compliance.
11.Offsetting and Lien
The customer shall not be entitled to seek offsetting against our claims, unless the customer’s counterclaims have been lawfully established or uncontested. The customer shall further not be entitled to seek compensation in case he or she submits claims or counterclaims under the same sale contract.
The customer may exercise his or her right of offsetting only insofar as his or her counterclaim relies on the same sale contract.
12. Privacy Statement
13. Amendments to the General Conditions / Right of Amendments
We shall have the right to unilaterally amend these Conditions only insofar as this is necessary for the purpose of eliminating subsequent violations of equivalence or to adjust the General Conditions to amended legal or technical general conditions. We shall notify the customer about the amendments by notifying the customer about the content of the amended rules at the customer’s last known e-mail address. The amendment shall become an integral part of the contract unless the customer objects in writing within six weeks after receipt of the notification about the amendment in the contractual relations.
14. Separability Clause
In case any of the provisions of these General Conditions becomes invalid, the validity of the remaining provisions shall remain intact.
15. Applicable Law
The Bulgarian law shall apply to the contractual relations.