General terms and conditions of the e-shop "marinabg.com"

I. DATA ON THE MERCHANT CARRYING OUT THE SALE OF GOODS THROUGH THE ELECTRONIC STORE WITH THE DOMAIN "MARINABG.COM"

II. GENERAL PROVISIONS AND DEFINITIONS

1. These general conditions govern the relations between "MARINA" OOD, EIC: 817073690, with registered office and management address: Gabrovo, p.k. 5300, Dr. Tota Venkova St. No. 26, entrance G, floor 2, apartment 6, represented by the Manager Georgi Lazarov Lazarov, called Targovets, on the one hand, and the persons, users of the electronic store with the domain marinabg.com, including those entering into a contract for the purchase and sale of the goods offered on the site, on the other hand.
2. The terms used in these General Terms and Conditions have the following meaning:
   1. "General Terms and Conditions" are the present General Terms and Conditions for the use of the website, incl. the conclusion of a contract for the purchase and sale of the goods offered on the website at a distance and the conditions related to its implementation, including their subsequent amendments and additions.
   2. "User" is any user who is a natural person who acquires goods that are not intended for carrying out a commercial or professional activity and any natural person who, as a party to a contract, acts outside the of his commercial or professional activity (in accordance with the definition of "consumer" according to § 13, item 1 of the DR of the Consumer Protection Act (CPA)).
   3. "User" is any person who has loaded the marinabg.com domain in their browser, viewed the content and/or registered on the marinabg.com website, and/or placed an order for the goods , offered by the e-shop. The term "user" also includes users according to the definition under item ii
   4. "Merchant" in the sense of these general terms and conditions, as well as according to the definition of the PPA, is any natural or legal person who sells or offers for sale goods, provides services or concludes a contract with a user as part of his commercial or professional activity in the public or private sector, as well as any person acting on his behalf and on his behalf. In the context of these general terms "Merchant" is "MARINA" OOD.
   5. "Distance contract" is any contract concluded between a Merchant and a User as part of an organized system of distance sales or provision of services at a distance without the simultaneous physical presence of the Merchant and the User, through the exclusive use of one or more means of distance communication until the conclusion of the contract, including at the time of conclusion of the contract.
   6. "Supplier" is any natural or legal person in the supply chain of the goods who, by occupation, transfers ownership or establishes or transfers other real rights over goods in favor of another supplier or trader, or which concludes a contract with a user in the public or private sector.
   7. "Goods" is a movable tangible thing, with the exception of things sold under forced execution or through other measures by bodies authorized by law, as well as things abandoned or confiscated for the benefit of the state, declared for sale by government bodies. A good is also a movable tangible thing containing digital content or a digital service or interconnected with digital content or a digital service in such a way that the absence of the digital content or digital service would prevent the good from performing its functions, except for things sold in case of forced execution or through other measures by authorities authorized by law, as well as items abandoned or confiscated for the benefit of the state, announced for sale by state authorities. In the context of these General Terms and Conditions, "goods" are all fasteners, tools, consumables, work clothing, machinery and equipment, building materials, varnishes, paints offered for sale in the marinabg.com e-shop.
   8. “Goods containing digital elements” is any movable tangible thing that contains digital content or a digital service or is interconnected with digital content or a digital service in such a way that the absence of the digital content or the digital service would prevent the goods from performing their functions.
   9. "Order" means a legally binding declaration of intent of the User, with which the latter declares his desire to conclude a contract for the purchase and sale of goods available in the marinabg.com electronic store.
   10. "Manufacturer" is any natural or legal person who: a) professionally produces finished goods or substantially changes or modifies goods with a view to placing them on the market, or b) presents himself as a manufacturer , by placing his name or company, his production or other distinguishing mark on the product, its packaging or on the technical or commercial documentation for it.
   11. "Repair or repair" of a consumer good is bringing it into conformity with the contract for its sale when there is a discrepancy between them.
   12. "Commercial guarantee" is any obligation undertaken by the Merchant or by the manufacturer (guarantor) to the User, in addition to his obligation under the ЗПП and ЗПСССУПС, to ensure compliance of the goods with the sales contract , in order to refund the amount paid 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 contract of sale specified in the application to provide a commercial guarantee or in the relevant advertisement made at the time of conclusion or before the conclusion of the contract.
   13. "Electronic Store" is the electronic store (software) accessible when using a web browser or mobile application at the Internet address marinabg.com, through which Users have the opportunity to conclude purchase-sale and delivery contracts of the goods offered by the electronic store, including the following:
       1. To review the content available on marinabg.com;
       2. Make electronic statements in connection with the conclusion and execution of sales contracts;
       3. To receive a newsletter and information about goods offered by the electronic store;
       4. To make payments in accordance with these general conditions.
   14. "Interface" (or user interface) in the context of these general terms and conditions is the combination of application software and the graphical layout through which Users perform actions on the Website.
   15. "Website" or in short "Site" ("website") is a specific place in the global Internet network, accessible through its unified address (URL) under the HTTP protocol or HTTPS and containing files, programs, text, sound, picture, images, hyperlinks or other materials and resources. In the context of these General Terms and Conditions, the website is marinabg.com.
   16. "Sale Contract" is any contract under which the Merchant transfers or undertakes to transfer the ownership of goods to the User, including contracts having both goods and services as their subject.
   17. The "domain" is a part of the hierarchical space of the global Internet network that has its own unique name (domain name) that must meet certain requirements. In order for a specific web page to be loaded, the domain name is typed into the browser field, and in the context of these terms and conditions, the domain name is "marinabg.com".
   18. "Provider of information society services" is a natural or legal person that provides services to the information society. In the context of these General Terms and Conditions, the information society service provider is "MARINA" OOD.
   19. “Information society services” are such services, including the provision of commercial communications, which are generally remunerative and are provided at a distance through the use of electronic means after an express statement by the recipient of the service. Electronic commerce represents services of the information society.
   20. “Digital Content” is data that is produced and provided in digital form.
   21. A "Digital Service" is a service enabling:
       a)

       for the User to create, process or store data in digital form or to have access to them, or
       b)

       the sharing or any other interaction of data in digital form, entered or created by the User or by other users of this service.
3. Through these terms and conditions, the Merchant, in his capacity as a service provider of the information society, provides the Users with information in accordance with the requirements of the Law on Electronic Commerce.
4. The merchant reserves the right to change, without prior notice, the structure and/or content of the e-shop.
5. The Merchant reserves the right to interrupt access to part or all of the electronic store, without the User's consent, for an unlimited period of time, planned or accidental, without being responsible for any damages to the User as a result of the suspension.
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6. All visitors to the marinabg.com website should carefully familiarize themselves with these General Terms and Conditions before using the website. In case the User does not agree with these General Terms and Conditions, the latter should stop using marinabg.com.
7. By accepting these general conditions, the User and the Merchant agree that all statements between them in connection with the conclusion and execution of a contract for the purchase and sale of goods offered through the electronic store can be made electronically and through electronic statements within the meaning of the Law on electronic document and electronic authentication services and art. 11 of the Electronic Commerce Act.
8. The main characteristics of the services provided to the Users by the Merchant through the marinabg.com electronic store, hereinafter referred to as "Services" for short, are the following:
   (1)

   The merchant provides the possibility to view the content published on the electronic store. The trader provides information about himself, his team, the services he provides, current offers, informative articles, contacts, presentation of his customers, partners and others.
   (2)

   The Merchant provides the ability to generate a telephone call through functional buttons in the e-shop.
   (3)

   The merchant provides the opportunity to generate electronic inquiries by email address (e-mail) through functional inquiry forms within the e-shop. The User should fill in the fields specified by the Merchant and select the "Send" virtual button. When using this service, Users should bear in mind and by accepting these General Terms and Conditions, they should be considered informed that the use of this service does not automatically lead to the conclusion of a contract between the relevant User and the Merchant, i.e. sending an inquiry by e-mail does not create an obligation for the Merchant to provide a certain service and does not place the Merchant and the User in a contractual relationship. It should be considered that the relevant User, who sent an e-mail inquiry to the Trader, has concluded a contract with the Trader for the provision of the given service only after receiving confirmation in this regard from the Trader.
   The merchant does not guarantee its ability to respond and the time in which one will be provided.
   (4)

   The merchant provides the possibility to use a dynamic Google map, integrated into the e-shop. Use of this service is subject to the applicable terms of use for Google Maps and Google Earth available at https://www.google.com/intl/bg_bg/help/terms_maps.html
   (5)

   Merchant provides searchable text content within of the e-shop. To use the function, the User should type in the search field the word/words they are looking for and select the search virtual button/icon or the Enter/Go key on the keyboard. The e-store will display a list of results with pages/products located on the e-store and containing the word(s) searched by the User.
   (6)

   Merchant provides the ability to narrow/filter and sort the results for the products available on the viewed page based on the characteristics assigned to the products (including price, alphabetical order, relevance, latest and promotional).
   (7)

   The merchant provides the ability to generate electronic inquiries in real time via a chatbot accessible by clicking on an image/message icon in the lower right corner of the website. The conditions of para. 3 above.
   (8)

   Merchant provides the ability to share product information in Twitter or Facebook, as well as information about the availability of the product at a specific location of the Merchant.
   (9)

   Merchant reserves the right at its discretion at any time to change, supplement or delete parts of these General Terms and Conditions, without express notice, by publishing the current version of the "General Terms and Conditions" on the marinabg.com website. The trader undertakes to notify the Users of any significant change in the General Terms and Conditions under concluded contracts within 7 days of the occurrence of this circumstance to the e-mail addresses specified by them.

III. REGISTRATION. CONTRACT CONCLUSION.

10. Visitors of the marinabg.com website can browse its content for free, without the need to register/create a personal profile.
11. When a website visitor wishes to place an order for a product/s, the latter can only do so after creating a user profile.
12. In the event that the User wishes to create his own profile, through which to place orders, to have the opportunity to track the history of his orders, as well as their status, the latter should press the virtual button "Login/Registration". The user will be redirected to a login or registration page. For initial registration, it is necessary for the user to press the virtual button "Register me". After filling in the registration data and pressing the virtual button "Register me", the User unequivocally declares, by ticking the relevant box, that he is familiar with and accepts these general conditions, and undertakes to abide by them unconditionally.
13. The User's username is taken from the email he specified for registration, and the User enters his password and confirms it. In addition to email and password, the User should provide address data, as well as indicate whether he wishes to be invoiced and whether the contact address matches the delivery address.
14. When registering, the User undertakes to provide correct, complete and up-to-date data. In case of change, the User undertakes to correct his data in his profile in a timely manner.
15. After the User registers (creates a user profile) once, each time he accesses his profile, the latter enters his unique username and password for remote access.
16. After accessing the created profile, the User can correct his data by entering the current data and pressing the "Save changes" button.
17. To place an order after entering the data under Art. 15 and access his profile, the User selects the desired product and the preferred quantity and adds it to his shopping cart by pressing the virtual button "Add to cart". After placing all the desired items in the user's shopping cart and noting their quantity, the User should press the virtual "Next" button, note the shipping address and preferred method of delivery, and then press the virtual "Next" button again. The last step is to select a preferred payment method and the User to tick the acceptance of these General Terms and Conditions and his familiarization with the Privacy Policy of the e-shop, then by pressing the button "Confirm the order" the User finalizes the order and it is sent automatically to the Merchant. When the User has chosen payment by debit/credit card, the order is considered finalized after successful payment of the due price.
18. The user receives an automatic e-mail-confirmation of the order placed by him at the e-mail address specified by him during registration.
19. Placing an order with the Merchant is subject to payment of the relevant value specified in the Order, as well as the associated delivery and/or cash on delivery costs (if applicable).
20. All electronic statements made through a personal profile after entering the relevant username and password are assumed to have been made by the persons indicated in the data provided by the User when registering in the electronic store (or added subsequently).< /li>
21. The Merchant's consultant contacts the User within 48 (forty-eight) hours of receiving the order in order to clarify its parameters, incl. the method of delivery and related details (preferred site/office or other).
22. In the event that the order is placed on a non-working day (Saturday, Sunday or public holiday), or before/after the end of the Merchant's working hours (during working hours 09.00-18.00), the deadline under Art. 21 begins to run from the start of the Trader's working hours on the first working day following the execution of the order. In the event that the order is placed before the beginning of the Trader's working hours on a business day, the term begins to run with the start of the Trader's working hours.
23. Cancellation of an order can be done by the User at the latest within the telephone conversation in connection with specifying the order made.
24. The merchant has the right to refuse an order in any of the following scenarios:
    • in case of lack of availability of the relevant product;
    • in case of force majeure;
    • impossibility of fulfillment of the order by the Merchant due to circumstances beyond his control.
    In this case, the Merchant notifies the User of the reason for the refusal within the telephone conversation under Art. 21.

25. Users conclude a contract for the purchase and sale of the goods offered by the marinabg.com electronic store through the Merchant's interface, available on his page or another means of remote communication.
26. The contract is concluded in Bulgarian.
27. Party to the contract with the Merchant is the User according to the data provided by him during registration, contained in the profile created by him.
28. The online store offers technical means for identifying and correcting errors when entering information before the statement to conclude the contract of sale is made. Once the statement is made, correction is only possible by sending an email to the Merchant.
29. In the event that any of the mandatory fields are not filled in, the electronic store software does not allow the registration to be completed and indicates to the User which of the mandatory fields lack information that should be completed.
30. The contract for the purchase and sale of the goods offered by marinabg.com between the Merchant and the User is considered concluded from the moment the User receives the confirmation of the order sent by the Merchant according to art. 18 of these general terms and conditions, provided that none of the parties has exercised their right of refusal under Art. 23 or Art. 24 of these General Terms and Conditions.
31. By virtue of the contract concluded with the User for the purchase and sale of goods, the Merchant undertakes to deliver and transfer to the User the ownership of the goods selected by him through the website interface.
32. The contract concluded between the Merchant and the User will be stored by the Merchant by technical means, and the User will have access to it in the profile created by him on the site, as well as in the email provided.

IV. PRICES AND METHOD OF PAYMENT

33. The prices indicated in the electronic store are in Bulgarian leva and include VAT, as well as all other taxes and fees, with the exception of the costs of delivery and payment of the goods, which are for the account of the User.
34. The final price indicated for each type of product does not include the cost of delivery (including for the "review and test" service), as well as for cash on delivery (when such a payment method is selected). The amount of the costs under the previous sentence depend on the delivery method chosen by the User (to an address or to an office) and are calculated according to the current price list of the relevant licensed postal operator (courier) on the date of delivery according to the weight of the Order.
35. The merchant reserves the right to change the prices of the goods offered on the site at any time and without warning, such changes will not affect orders already placed. The price change applies to Users from the moment of its announcement on the marinabg.com website. The price indicated at the time of placing the order is final and includes all taxes and fees, excluding delivery and payment costs. The user is obliged to pay the price announced at the time of the order.
36. At the time of placing the order, the User chooses one of the following payment methods:
    1. By cash on delivery (postal money order) - payment is made in cash to the courier upon delivery or by debit/credit card via the courier's POS terminal;
    2. Cash - at the Merchant's facility, when the User has chosen as a delivery method receiving the Order from the Merchant's facility.
    3. By debit/credit card through a virtual POS terminal integrated into the Merchant's website - immediately after completing the order.
    4. By bank transfer to the following bank account of the Merchant:
       IBAN: BG15IABG74981000027900
       BIC: IABGBGSF
       By bank: International Asset Bank
37. In the event that the User chooses payment by bank transfer as an option, the Merchant sends him a proforma invoice within 24 (twenty-four) hours of receiving the order on working days. In the event that the order is placed on a weekend (Saturday, Sunday or public holiday), the pro forma invoice will be sent on the first business day after the day the order is received. The term for making payment according to the proforma is 3 days from its receipt. In case the User does not pay the amount due within this period, the order is considered cancelled.
38. When the user has requested the issuance of an invoice and has specified the data necessary for this when placing the order, the Merchant will hand it over to him in the original at the time of delivery/receipt of the goods.
39. Orders with a value exceeding BGN 10,000 (ten thousand) or a weight of 10 (ten) kg. can only be paid for using the methods under Art. 36, item 2, 3 or 4.

V. DELIVERY TERMS AND CONDITIONS

40. The Merchant delivers the ordered goods through the services of a licensed postal operator (courier) to a delivery address specified by the User or to a courier office selected by the User. If the User wishes, the latter can choose to receive his order from the Merchant's location, in which case no delivery costs will be charged.
41. The Merchant is not responsible for failure to fulfill a contract in cases where the User has provided false, incomplete or inaccurate personal data, including when he has provided an incomplete or inaccurate address.
42. Delivery of the goods on the territory of the Republic of Bulgaria takes place within 1 (one) to 15 (five) working days, counted from receipt of confirmation of the order. For settlements with a specific delivery regime, the delivery period can be extended by up to 7 (seven) working days.
43. In cases where the User has chosen payment by bank transfer, the term under Art. 42 begins to run from the day of receipt of the payment referred to in Art. 36 bank account.
44. In the event that the goods are not available in the Trader's warehouse or there are other unforeseen circumstances, the delivery period may be extended up to 30 (thirty) days, counted from the conclusion of the contract. In such cases, the Merchant notifies the User on the telephone number indicated by him.
45. The user is obliged to provide access to carry out the delivery to the address indicated by him, when he has chosen delivery to an address as the method of delivery.
46. The delivery can be made to the User or to any person who accepts it at the address specified by the User. In both cases, the order is considered duly accepted by the User.
47. Each order is delivered with the possibility of review and test by the User. In the event that the User does not take advantage of the opportunity to review and test the delivered goods before accepting them, the latter loses the opportunity to subsequently make claims/complaints regarding visible defects or inconsistencies, incl. regarding inconsistencies of the delivered goods with regard to brand, model or other visible during the inspection or verifiable through the provided opportunity to test the technical characteristics of the ordered goods.
48. In case the goods are damaged during delivery, there are visible defects or discrepancies, incl. discrepancy of the delivered goods in terms of brand, model or other visible during inspection and/or verifiable through the provided opportunity to test technical characteristics, the User should contact the representative of the licensed postal operator (courier) or the Merchant (if the delivery is to an object of the Merchant) to draw up a finding protocol. In the event that the User does not do this when receiving the order, the latter has no right to make claims/complaints regarding visible defects or discrepancies, incl. regarding discrepancies of the delivered goods with regard to brand, model or other visible during the examination or verifiable through the provided opportunity to test the technical characteristics of the ordered goods.
49. In case of impossibility of delivery during the first visit to the address specified by the User due to his fault or due to his absence, the person carrying out the delivery informs the User about the visit and provides him with contact details to specify a new visit. In the event that the User does not contact the representative of the licensed postal operator (courier) or the representative of the Merchant within 3 days of receiving the notification or in case of impossibility of delivery and during a second visit, which is not the fault of the Merchant and/or the courier , the distance selling contract is automatically terminated and the Merchant is released from its obligation to deliver the ordered goods. The same applies to cases in which the User unreasonably refuses to accept the goods. In these cases, the Merchant refunds the amount paid by the User (if applicable), from which he deducts (deducts) the costs of delivery and return of the product/s to his site, as well as the corresponding bank fees (if applicable).
50. The ownership of the goods is transferred by the Merchant upon their delivery to the User, after payment has been made by him. The delivery of the Goods will be certified by the User's signature placed on the transport document provided by the courier/representative of the Merchant. With the signature, the User certifies the absence of visible defects or discrepancies, incl. discrepancies of the delivered goods in terms of brand, model or other visible or testable technical characteristics.
51. In the event that the User does not appear at the Merchant's site to receive his order within 10 (ten) working days of the confirmation of the order, the latter is considered canceled, and the Merchant refunds the amount paid by the User, from which it is deducted ( deducts) the costs of transporting the goods to the relevant object, in case the latter was not available there, as well as the corresponding bank charges.
52. In the event that the User has paid for his Order by debit/credit card or by bank transfer and then one of the parties has canceled within the period provided for this (Article 23 or Article 24 of these general terms and conditions), the Merchant shall refund the amount paid by the User after deducting (deducting) the bank fees paid by him (only if the User refuses).

VI. RIGHT OF WITHDRAWAL FROM CONTRACT

53. Each User has the right to withdraw from a distance contract without paying compensation or penalty, without paying any costs, except for the costs of returning the goods, and without stating a reason for his refusal in a period of 14 calendar days, starting from the date of acceptance of the goods.
54. The user, who wishes to exercise his right of withdrawal from a contract concluded at a distance, should notify the Merchant within the above-mentioned 14-day period in one of the following ways:
    • by submitting the standard form for exercising the right of refusal according to Appendix No. 6 to Art. 47, para. 1, item 8 of the PPE at the following address: gr. Gabrovo, p.k. 5300, Voinovo district, Voinovska Stop, Marina shopping center.
    • by sending the completed form to the following email address: office@marina.bg.
    • by sending the completed form by post or courier to the following address: gr. Gabrovo, p.k. 5300, Voinovo district, Voinovska stop, Marina shopping center.
    • by stating otherwise unequivocally your decision to withdraw from the contract.
55. In the contract cancellation notice, the User should indicate the content and value of the order, details of the person who placed the order, details of the person who accepted the delivery, as well as the date of delivery.
56. The standard form for facilitating the exercise of the right of refusal according to Appendix No. 6 to Art. 47, para. 1, item 8 of the Consumer Protection Act can be downloaded from here: https://www.kzp.bg/bg/standarten-formulyar-za-uprazhnyavane-pravo-na-otkaz-pri-online-pokupki/
57. The merchant confirms the receipt of a notice of withdrawal from the contract electronically.
58. In the event that the User has exercised his right to withdraw from the remote contract, the latter must send or hand over the goods to the Trader at the following address: Gabrovo, p.k. 5300, Voinovo district, Voinovska stop area, Marina shopping center without undue delay and no later than 14 days, counting from the date on which the User notified the Merchant of his decision to withdraw from the contract.
59. In the event that the User does not fulfill his obligation within the above-mentioned period, without notifying the Trader of the delay and without providing a valid reason for the same, it is considered that he has withdrawn his statement to exercise the withdrawal from the contract.< /li>
60. The user pays the direct costs of returning the goods according to the way he chooses to return the goods. The merchant NOT bears the costs of returning the goods.
61. The consumer is responsible for the diminished value of the goods caused by testing them other than what is necessary to establish their nature, characteristics and proper functioning.
62. The trader returns the amount paid by the User under the contract within 14 days of receiving the goods in one of the following ways:
    • by bank transfer, when the User has made the payment in this way or by credit/debit card;
    • in cash at your facility after prior agreement with the User.
63. The right to withdraw from the contract is inapplicable when the subject of the contract is:
    • delivery of goods made to the order of the user or according to his individual requirements, as well as
    • delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
    • delivery of sealed goods which have been unsealed after delivery and cannot be returned for hygiene or health protection reasons;
    • for the delivery of goods which, after being delivered and due to their nature, have become mixed with other goods from which they cannot be separated;
    • in the other cases of Art. 57, para. 1 of the PPE.

VII. WARRANTY AND COMPLAINTS

64. The Merchant is responsible to the User for the conformity of the consumer goods with the sales contract, which exists at the time of delivery of the goods and is manifested up to 2 (two) years after its delivery.
65. For goods containing digital elements, where the sales contract provides for a one-time supply of digital content or a digital service, regardless of whether the discrepancy is due to the physical or digital elements of the goods, the Merchant is responsible for any lack of conformity of the physical and digital elements of the goods that arise or appear within two years, counted from the delivery of the goods and the provision of the digital content or the digital service or within the time period specified in art. 31, para. 1 and 2 of the Act on the provision of digital content and digital services and on the sale of goods (ZPCSCUPS), without impeding the application of art. 28, para. 3, item 1 of the same. In the case of goods containing digital elements, where the contract of sale provides for the continuous provision of the digital content or digital service within a certain period of time, the Merchant is also responsible for any lack of conformity of the digital content or digital service that arises or appears in within two years from the delivery of the goods and from the start of continuous provision of the digital content or digital service. In the case of goods containing digital elements, where the contract of sale provides for the continuous provision of the digital content or digital service for a period longer than two years, the Merchant shall be liable for any lack of conformity of the digital content or digital service that arises or appears in within the time period during which the digital content or digital service is to be provided/provided according to the contract of sale.
66. The terms under Art. 64 and Art. 65 stop running during the time necessary to repair or replace the goods.
67. In case of non-compliance of the goods with the sales contract, the User has the right to:
    1. submit a claim by requesting to bring the goods into compliance with the sales contract or
    2. receive a proportionate reduction in price or
    3. rescind the contract, unless the discrepancy is minor.
68. In the cases under Art. 67, item 1 of these general conditions, the User may choose between repair or replacement of the goods, unless this proves impossible or would lead to disproportionately large costs for the Merchant, taking into account all the circumstances of the specific case, including:
    • the value that the goods would have had there been no lack of conformity;
    • the significance of the discrepancy and
    • the possibility of providing the other means of protection to the User without significant inconvenience to him.
69. The user has the right to request a proportional reduction of the price or cancellation of the contract in the following cases:
    1. The trader failed to repair or replace the goods or refused to bring the goods into conformity;
    2. a discrepancy appeared despite the actions taken by the Merchant to bring the goods into compliance; in case of non-conformity of durable goods and goods containing digital elements, the Merchant has the right to make a second attempt to bring the goods into conformity within the warranty period;
    3. the discrepancy is so serious as to justify an immediate price reduction or cancellation of the contract of sale, or
    4. The Merchant has stated or it is clear from the circumstances that the Merchant will not bring the goods into compliance within a reasonable time or without significant inconvenience to the User.
70. A complaint is submitted no later than two months after the non-conformity is established.
71. The complaint should be submitted to the Merchant in writing or orally. In it, the User indicates the subject of the complaint, his preferred way of satisfying the complaint, respectively the amount of the claimed amount, as well as a contact address.
72. When submitting a claim, the User must also attach the documents on which the claim is based:
    1. receipt, invoice or document certifying payment;
    2. protocols, acts or other documents establishing the non-compliance of the goods (including the goods containing a digital element) or the service with the agreed;
    3. other documents establishing the claim by basis and amount.
73. The merchant brings the goods into compliance with the sales contract within one month, counted from the presentation of the complaint by the User, when the latter is justified.
74. The repair or replacement of the goods containing digital elements shall be carried out free of charge within a reasonable time from the notification to the Merchant by the User of the discrepancy and without significant inconvenience to the User, taking into account the nature of the goods and the purpose for which were needed by the User.
75. When the discrepancy is eliminated by repairing or replacing the goods, the User makes the goods available to the Merchant. When replacing the goods, the Merchant takes the replaced goods back from the User at his own expense.
76. The user pays the costs of sending the goods to the trader when he cannot hand them over to him personally.
77. Where the carrying out of repairs requires the dismantling of goods which were installed in accordance with their nature and purpose before the non-conformity occurred, or where such goods are to be replaced, the Trader shall dismantle the non-conforming goods and install the replacement goods or the repaired goods, or accordingly bears the costs of dismantling and installing the goods.
78. The price reduction is proportional to the difference between the value of the goods received by the User and the value that the goods would have had there been no lack of conformity.
79. In the event that the Merchant accepts the complaint as justified, he reimburses the User for the expenses incurred by him in a manner agreed between the parties.
80. In the event that the Merchant has provided a commercial guarantee for the goods for a period exceeding the period under Art. 64 and Art. 65, the complaint may be submitted until the expiry of the commercial guarantee.
81. The user exercises his right to cancel the contract by applying to the Merchant, with which he notifies him of his decision to cancel the sales contract.
82. When the non-conformity applies only to some of the goods delivered under the sales contract and there is a reason for canceling the contract, the User has the right to cancel the sales contract only with respect to those non-conforming goods, as well as in relation to any other goods he has acquired together with the non-conforming goods, if it cannot reasonably be expected that the User will agree to keep only the conforming goods.
83. When the User cancels the sales contract in whole or in part only with respect to some of the goods delivered under the sales contract, the User is obliged to return these goods to the Merchant without undue delay and no later than 14 days, counting from the date on which the User notified the Merchant of his decision to cancel the sales contract. The deadline is considered to have been met if the User has returned or sent the goods back to the Trader before the expiry of the 14-day period. All costs for returning the goods, incl. shipping of the goods are at the Merchant's expense.
84. The Merchant refunds the User the price paid for the goods after they have been received. The merchant refunds the amounts received using the same means of payment used by the User in the initial transaction, unless the User has expressed his express consent to use another means of payment and provided that this is not associated with costs for him.

VIII. PROCESSING AND PROTECTION OF PERSONAL DATA

85. The trader processes personal data of natural persons for the purpose of providing services to the information society consisting in electronic trading of goods.
86. The information under Art. 13 of Regulation (EU) 2016/679, related to the processing of personal data of natural persons, incl. purposes and legal basis for the processing, storage periods, rights of the subjects, recipients of the data, etc. essential information regarding the processing are detailed in the Privacy Policy of marinabg.com, which you can familiarize yourself with at the following link . The technical protection measures applied by the Merchant are also described in the policy.

IX. INTELLECTUAL PROPERTY RIGHTS

87. All information resources published in the electronic store, incl. but non-exhaustive: design, texts, photos, logos, trademarks, audio and video materials, etc., as well as the program code of the website, constitute intellectual property and are subject to protection under the ZAPSP and ZMGO.
88. Using the information published in the electronic store by copying, changing, reproducing, publishing, distributing or in any other unauthorized way, without the consent and permission of the holder of the relevant intellectual property right, constitutes a violation and leads to the engagement of the corresponding responsibility of the user in accordance with the current Bulgarian legislation.

X. FORCE MAJEURE CIRCUMSTANCES

89. The merchant is released from responsibility for non-performance of the contract, which is a direct and immediate consequence of the occurrence of force majeure circumstances. Force majeure is an unforeseen or unpreventable event of an extraordinary nature that occurred after the conclusion of the contract.
90. In the event that the Merchant refers to force majeure circumstances, the same immediately informs the User that obstacles of an objective nature have arisen, which will frustrate the execution of the delivery of the goods.
91. The Merchant notifies the User of the moment of termination of the event.
92. In cases of force majeure and insofar as they have an impact on delivery terms, the relevant terms are extended by the time during which force majeure was present.
93. In the event that the relevant event lasts more than 2 (two) months, both parties have the right to withdraw from the contract.

XI. BODIES REGULATING THE MERCHANT'S ACTIVITY

XII. ONLINE DISPUTE RESOLUTION PLATFORM

94. In the event of a dispute, any User has the right to file a complaint through the EU online dispute resolution platform at the following link: Online Dispute Resolution | European Commission

XIII. FINAL PROVISIONS

95. The Merchant provides continuous access to these General Terms and Conditions at the following link: https://www.marinabg.com/bg/terms/ .
96. The merchant is not responsible for the content and safety of sites to which links and banners published on this website marinabg.com refer.
97. The User should immediately notify the Merchant in case of access to his user profile by an unauthorized person, as well as in case of any other breach of information security. The merchant is not responsible for damages caused by unauthorized access, regardless of whether the latter was carried out with or without the knowledge of the User.
98. The nullity of one or more clauses of these terms and conditions does not lead to the nullity of another clause or the terms as a whole.
99. On all issues that are not regulated in these General Terms and Conditions, the provisions of the current Bulgarian legislation shall apply.
100. All disputes arising out of or relating to these Terms and Conditions, including disputes arising out of or relating to their interpretation, invalidity, default or termination, shall be resolved by mutual agreement. Consumers can also use the online dispute resolution platform available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=BG
101. In the event that an agreement cannot be reached, all disputes will be referred for resolution to the competent Bulgarian court or the Commission for Consumer Protection.
102. These General Terms and Conditions enter into force on 04/08/2024 and are an integral part of the content of any contract concluded between the Merchant and the User/Consumer.