General terms

Sides
Art. 1. These General Terms and Conditions determine the terms, conditions and conditions of the distance contract between "sexwell.bg", on the one hand and the person who has expressed electronically on the website http://www.sexwell.bg consent to the terms of the purchase, hereinafter referred to as "Customer", on the other hand, as well as all other relationships and disputes arising from this contract.

Definitions
Art. 2. In interpreting and applying these General Terms and Conditions, the following terms and expressions have the following meanings:

  1. A website is a separate place on the global Internet, accessible through its unified address (URL) via HTTP, HTTPS or another standardized protocol and containing files, programs, text, sound, picture, image or other materials and resources.
  2. User of a website or site is any person who has entered the e-mail address or reached the website or the site by redirection from another website and according to, if there is interest, to make purchases and sales of goods and / or services electronically;
  3. "E-shop sexwell.bg" is an e-commerce website of sexwell.bg - a virtual information resource on the Internet for the sale and delivery of goods published in it.
  4. "IP Address" ("IP Address") is a unique identification number that associates a computer, website or resource of the Client, in a way that allows their localization in the global Internet network.
  5. Browser - a computer program that provides the ability to transfer, process and visualize data through various types of data transfer protocols.
  6. Malicious actions are actions or omissions that violate Internet ethics or harm individuals connected to the Internet or associated networks, sending unsolicited mail (unsolicited commercial messages, SPAM), gaining access to resources with foreign rights and passwords, using vulnerabilities in systems for personal gain or information retrieval (HACK), committing acts that may qualify as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending "Trojan horses" or inducing the installation of viruses or remote control systems, disrupting the normal operation of other Internet users and associated networks, performing any actions that may qualify as a crime or administrative violation under Bulgarian law or other applicable law.

Consent
Art. 3. 

  1. Any person can use the resources and services provided by sexwell.bg through the "e-shop sexwell.bg" in compliance with these General Terms.
  2. The publication of these General Terms and Conditions and the description and prices of the goods in the "e-shop sexwell.bg" is a public invitation within the meaning of Art. 290, para. 1 of the Commercial Law to make an application for purchase in accordance with them in the manner described in the next paragraph.
  3. By clicking on the virtual button "Submit" after the text "I agree with the general terms of use of the site", the Client makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that he is familiar with these General Terms and Conditions. to purchase the goods selected by him under the current conditions.

Art. 4.

  1. Each separate purchase request sent by the Client to sexwell.bg is considered separately agreed.
  2. The individual contracts are considered concluded with the authorization of the respective payment.
  3. In case of incorrect address and / or telephone number indicated in the purchase application for sexwell.bg, there is no obligation to fulfill the order.
  4. It is assumed that any person who has paid the price of goods ordered by him for purchase, has expressed a willingness to be bound by the text of these General Terms.
  5. Publication of information about the goods in sexwell.bg

 Art. 5.

  1. sexwell.bg publishes on http://www.sexwell.bg a short description and price for each of the goods that can be purchased through the "e-shop sexwell.bg".
  2. sexwell.bg is not responsible for the untruthfulness of the information provided by the manufacturer about the product.

Prices
Art. 6.

  1. All prices published on the website sexwell.bg are in Bulgarian levs with VAT.
  2. The indicated prices of the individual goods are for a single quantity or a single package and do not include the delivery costs.
  3. The price due by the Client is the one indicated in the invitation for purchase of the goods at the moment of making the application for purchase of the same in the manner described in Art. 3, para. 3 of these general terms and conditions.

Time and methods of payment
Art. 7.

  1. The price under Art. 6 and the delivery costs may be paid in any of the following ways:
  • in cash upon receipt of the goods (cash on delivery);
  • via ePay;
  • via PayPal
  • with debit / credit card;
  • in another way indicated on the web page of sexwell.bg.

Delivery is made after the authorization of the transaction, except when payment is made upon receipt of the goods.


Confirmation by phone
Art. 8.

  1. All products ordered through the sexwell.bg website, which are available at the time of ordering, will be delivered to the address specified by you (in the electronic order or by phone) within the deadlines specified below (Delivery time), which run from the receipt of an explicit confirmation of the order ordered through the Site, provided by you personally by phone to an employee of sexwell.bg.
  2. After clicking the "Submit" button on the website, you will receive a letter with information about your e-mail order, which you have filled in your account. You should also expect a phone call from an employee of sexwell.bg, within 24 hours of placing your order, during business hours; Monday to Friday, 8:30 a.m. to 9:00 p.m .; Saturday and Sunday, 10:00 to 21:00. With this call you will once again be explicitly informed about the final selling price of the product ordered through the Site, including the exact cost of delivery, delivery times and the availability of the product, in order to avoid any ambiguity or misconception.
  3. Only after explicit confirmation of the order placed through the website, provided by you by phone, the contract of sale of the product is considered concluded.

Refusal of a placed order

Art. 9.

  1. During the telephone conversation with the employee of sexwell.bg, who has contacted you, you can cancel the order placed through the website, clearly and explicitly expressing your desire.
  2. The cancellation can also be made before receiving the confirmation call, in front of an employee of the website by phone: 0700 1 96 96.

Rights and obligations of the sides

Art. 10. sexwell.bg undertakes:

  1. to transfer to the Client the ownership of the goods ordered for purchase by him;
  2. to deliver in time the goods ordered for purchase;
  3. to take due care for the performance of its duties.

Art. 11. 

  1. The client undertakes:
  • to indicate an exact and valid telephone number and delivery address;
  • to pay the price of the goods;
  • to pay the delivery costs;
  • to provide access and opportunity to receive the goods;
  • to accept the delivery

    2. The client should:

not submit fictitious requests or other information;
observe the Bulgarian legislation, the applicable foreign laws, the present General Terms and Conditions, the Internet ethics, the rules of morals and good manners;
not to violate other people's property or non-property rights;
not impersonate another person or a representative of a legal entity or a group of people whom he is not authorized to represent, or in any other way to mislead third parties about his identity or belonging to a certain group of people.


Delivery

Art. 12.

  1. The goods ordered for purchase are delivered to the delivery address specified by the Customer within the period specified on the website, as a total delivery time.
     
  2. The term for delivery under par. 1 shall start running from the first working day after the authorization of the payment and after the explicit confirmation by the Client in the above-mentioned manner. (Confirmation by phone)
     
  3. The goods are delivered discreetly packed according to its type and transport for delivery.


Delivery time

Art. 13.

  1. If the product is available at the time of ordering, delivery to the territory of Bulgaria will be made within 2 working days from receipt of explicit confirmation by the Customer, in the above manner (Confirmation by phone). Delivery is made by courier to the address specified by the customer. Delivery to addresses outside the territory of the Republic of Bulgaria is made after additional specification with a courier company of the delivery time to the address indicated by the Client and authorization of all costs of its acquisition.

Out of stock product

Art. 14. It is possible that the product you have ordered is sold out at the time of ordering. In this case, the Customer will receive a phone call, no later than the end of the next working day, with specific information from an employee of sexwell.bg about the possible extension of the delivery period or if the product is completely out of stock, with the possibility to immediately refuse from the requested order.


Delivery of the goods

Art. 15.

  1. The goods are delivered to the Customer or to another person located at the delivery address specified by the Customer. The receiving person confirms with his signature the receipt of the goods on behalf of the Client.
     
  2. Upon delivery of the goods, the Client or the person under para. 1 shall sign the accompanying documents.
     
  3. In case of refusal outside the cases under Art. 16, item 1, the refusal shall be considered unfounded and the Customer shall pay the costs for returning the goods. In this case, the Customer is obliged to indemnify sexwell.bg for all damages and lost profits, including any other costs other than the costs of delivery and return of the goods, incurred as a result of the refusal.
     
  4. In case the Client is not found within the deadline for delivery to the specified address or access and conditions for delivery of the goods are not provided within this period, sexwell.bg is released from its obligation to deliver the goods ordered for purchase. The customer can confirm his wish to receive the goods even after the expiration of the delivery period, in which he was not found at the address, bearing all additional delivery costs. In this case, a new delivery period starts to run from the moment of the confirmation under the previous sentence.

Art. 16.

  1. The customer has the right to refuse to receive the goods ordered for purchase when it is delivered to him under one of the following conditions:

    A) the delivered goods obviously do not correspond to the one ordered for purchase by the Customer and this can be established through its ordinary inspection;

    B) the goods or their packaging are damaged during transportation.
     
  2. After receiving the goods, the Customer has the right to request its return in the presence of a significant defect, which could not be established during a simple inspection of the same.
     
  3. Under the conditions of para. 1, item A, as well as in case of discrepancy between the ordered for purchase and the delivered goods, which could not be established at the time of delivery, the Customer may request that the delivered goods be replaced with corresponding to his purchase order within 24 hours of receipt.
     
  4. In case the Customer is not satisfied with the delivered products, which he has purchased from the e-shop sexwell.bg, he can, without giving a specific reason, within 14 calendar days from the receipt of the delivery to cancel the contract and return the purchased ones. products in the form (with quantity or quality, including the received gifts to them), in which they were delivered and we will refund the amount paid by the Customer within 14 calendar days from the exercise of this right of the Customer. The customer must return the goods at his own expense with the same freight forwarder to the address: Sofia 1407, 47 Cherni Vrah Blvd., BC Vitosha, Sexwell company.
     
  5. In order to exercise his right of withdrawal, the Client may notify us explicitly in a manner convenient for him (for example, by letter sent by mail, fax or e-mail telephone, etc.).
     
  6. It is also necessary to present / send us an original or a copy of a receipt or invoice issued when purchasing the product. By order of the Client, the final sale price will be refunded by bank transfer to an account specified by the Client, by postal order or in cash, at the office of Sexwell at Sofia 1407, 47 Cherni Vrah Blvd., BC Vitosha.
     
  7. The customer cannot exercise his right of withdrawal if he has used the product or if the product has been printed and cannot be returned due to health / hygiene reasons.
     
  8. No refusal to sell is accepted for goods that are made to order or according to the individual preferences of the customer; of goods with a short shelf life, as well as in the other cases under Art. 57 of the CPA.
     
  9. Sexwell.bg is not responsible for invalid or incorrectly filled in personal data, address, bank account number and / or any other information provided by the Client through the website or to an employee of sexwell.bg.


Personal data

Art. 17.

  1. Sexwell.bg takes due care to protect the personal data of the Client, which became known when filling in the electronic form for making a purchase application. This obligation is waived if the Client has provided incorrect data.
     
  2. Subject to applicable law and the provisions of these General Terms, sexwell.bg may use the personal data of the Client only for the purposes provided in the contract.
     
  3. Sexwell.bg has the right to use the information under par. 1 for offering goods and / or services to the Client, for promotions, for statistical and any other lawful purposes, except in case of explicit disagreement of the same, sent to the following e-mail address: [email protected]
     
  4. The purposes described above, for which the data can be used, are not exhaustively listed and do not give rise to obligations for sexwell.bg. Any other purposes for which the data is used will be in accordance with the Bulgarian legislation, the applicable international acts, the Internet ethics, the rules of morals and good manners.


Disclosure of information

Art. 18. Sexwell.bg undertakes not to disclose any personal data about the Client to third parties - government agencies, companies, individuals and others, except in cases where:

  • has received the explicit consent of the Client;
  • the information is requested by state bodies or officials, who according to the current legislation are authorized to request and collect such information;
  • sexwell.bg is obliged to provide the information by law.


Cancellation of contract

Art. 19. In addition to the cases mentioned above in these General Terms and Conditions, either party may terminate the individual contract by giving written notice by e-mail.

Responsibility

Art. 20. Sexwell.bg is not responsible for non-fulfillment of its obligations under this contract in the event of circumstances beyond the control of sexwell.bg - cases of force majeure, accidental events, problems in the global Internet and in the provision of services outside the control of sexwell.bg.


Compensation

Art. 21. The client is obliged to indemnify sexwell.bg and all third parties for all damages and lost profits, including for any costs and paid attorney's fees, incurred as a result of claims from and / or paid indemnities to third parties in connection with non-fulfillment of its obligations under this contract, violation of the Bulgarian legislation, the applicable foreign laws, these General Terms and Conditions, good manners or Internet ethics.


Arbitration

Art. 22. All disputes between the parties shall be settled in a spirit of understanding and good will. In the event that no agreement is reached, all unresolved disputes arising out of or relating to the contract between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes to fill gaps in the contract or its adaptation to new circumstances will be allowed by the BCCI Arbitration Court, in accordance with its Rules for cases based on arbitration agreements.


Invalidity

Art. 23. The parties declare that in case any of the clauses of these General Terms and Conditions turns out to be invalid, this will not entail the invalidity of the contract, other clauses or its parts. The invalid clause will be replaced by the mandatory norms of the law or the established practice.


Intellectual property rights

Art. 24. All intellectual property rights over the elements of "e-shop sexwell.bg" belong to sexwell.bg, including, but not limited to: texts, graphics, computer programs, databases, etc. similar.


Applicable law

Art. 25. The provisions of the current legislation of the Republic of Bulgaria shall apply to all issues not settled by these General Terms and Conditions.


These general terms and conditions are applicable from 01.01.2015.