I. SUBJECT
Art. 1. (1) These General Terms and Conditions are intended to regulate the relations between
EVERLAST GIFT LTD , gr. Plovdiv, ul. Sarnena Gora № 18, ID BG207188877 , hereinafter referred to as
the SUPPLIER, and the customers, hereinafter referred to as the USERS, of the electronic shop
WWW.EVERLASTGIFTS.COM , hereinafter referred to as the ELECTRONIC SHOP.
(2) Acceptance of these General Terms and Conditions by the USERS of the ELECTRONIC SHOP is a
mandatory condition for placing an order and making a delivery.
(3) The SUPPLIER is entitled to refuse delivery to USERS who have not accepted these General Terms
and Conditions.
(4) Acceptance of these General Terms and Conditions is done by ticking the box (checkbox) “I have
read and accept these General Terms and Conditions” within the registration procedure.
(5) A sales contract concluded via the Internet is a distance sales contract. It is concluded on the
basis of an offer made by the Supplier to each User of the e-shop as part of the system for the sale of
goods. It shall be deemed to have been concluded from the moment of confirmation of the specific
order by the ELECTRONIC SHOP.
II. SUPPLIER DETAILS
Art. 2. Information in accordance with the E-Commerce Act and the Consumer Protection Act:
Name of the supplier.
Address for exercising the activity. Plovdiv, ul. 18, floor 2
Correspondence data. Plovdiv, ul. Address: Plovdiv, Plovdiv, Plovdiv,
e-mail: sales@everlastgifts.com , tel: +359 886886891
Entry in public registers: UIC 207188877
VAT registration: No. BG207188877
Personal data controller certificate number: No. 290983
Supervisory authorities:
Personal Data Protection Commission
Data Protection Authority. No. “Prof. 2,
+359 2 91 53 518
e-mail: kzld@cpdp.bg
Website: www.cpdp.bg
Commission for Consumer Protection
town. Sofia, Slaveykov Square №4A, floors 3, 4 and 6,
Tel: +359 2 980 25 24, fax: +359 2 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg
Commission for Protection of Competition
City. 1000 Sofia Blvd. “Vitosha №18
+359 2 935 61 13, fax +359 2 980 73 15
Website: www.cpc.bg
III. FEATURES OF THE E-SHOP
Art. 3. The ELECTRONIC SHOP is accessible at the Internet address www.everlastgifts.com , through
which Users may conclude contracts for the purchase and delivery of the goods offered by the
ELECTRONIC SHOP, including the following:
- To register and create an account to view the ELECTRONIC SHOP and use the additional services for
providing information; - To make electronic statements in connection with the conclusion or performance of contracts with
the ELECTRONIC SHOP through the interface of its website accessible on the Internet; - Conclude contracts for the purchase and delivery of the goods offered by the ELECTRONIC SHOP;
- To make any payments in connection with the contracts concluded with the ELECTRONIC SHOP, in
accordance with the supported payment methods; - To receive information about new goods offered by the ELECTRONIC SHOP;
- View the goods, their characteristics, prices and delivery conditions;
- To be informed of the rights arising from the law, mainly through the interface of the WEBSITE.
Art. 4. The Supplier delivers the goods and guarantees the Users’ rights provided for by law, within
the framework of good faith, the criteria and conditions accepted in practice, consumer or
commercial law.
Art. 5. (1) The Users shall conclude a contract for the purchase and sale of the goods offered by the
ELECTRONIC SHOP through the interface of the Provider, accessible on its website at
www.everlastgifts.com or other means of distance communication.
(2) By virtue of the contract with the Users for the purchase and sale of goods, the Supplier
undertakes to deliver and transfer the ownership of the User of the goods specified by him through
the interface.
(3) The Users shall pay the Supplier a remuneration in the amount of the price announced by the
Supplier on the address of the ELECTRONIC SHOP on the Internet.
(4) The Supplier shall deliver the goods requested by the Users within the terms and conditions set
out on the page of the ELECTRONIC SHOP and in accordance with these General Terms and
Conditions.
(5) The price for delivery shall be determined separately and expressly from the price of the goods.
(6) The Supplier shall be entitled to unilaterally change the prices indicated in the ELECTRONIC SHOP,
such change being effective for orders placed after its announcement.
IV. USE OF THE E-SHOP
Art. 6. (1) In order to use the ELECTRONIC SHOP for the conclusion of contracts for the purchase and
sale of goods, the User shall enter a user name and password for remote access, chosen by him, in
cases where the ELECTRONIC SHOP requires registration.
(2) The username and password for remote access shall be determined by the User, by registering
electronically in the ELECTRONIC SHOP.
(3) By filling in his/her details and registering, the User declares that he/she is familiar with these
Terms and Conditions, agrees with their contents and undertakes to comply with them
unconditionally.
(4) The Provider confirms the registration made by the User by sending a letter to the e-mail address
indicated by the User, to which information on activation of the registration is also sent.
(5) When registering, the User undertakes to provide correct and up-to-date data, updating them
promptly in case of change.
(6) The User may not use a profile on web social networks or other networks for registration.
V. TECHNICAL STEPS FOR MAKING A PURCHASE
Art. 7. (1) The User shall carry out a purchase with the Supplier according to the following
procedure:
- Registration in the ELECTRONIC SHOP and provision of the necessary data if the User has not yet
registered; - Login to the system to place orders on the ELECTRONIC SHOP by identifying with a username and
password; - Selecting one or more of the goods offered by the ELECTRONIC SHOP and adding them to a list of
goods to be purchased; - Providing details to make the delivery;
- Choosing a payment method;
- Confirm the order.
(2) The user has the possibility to make a purchase from the ELECTRONIC SHOP without necessarily
being registered with a user profile. Shopping as a guest, without registration on the Supplier’s
website, is done in the following way: - Visit the Supplier’s e-shop at www.everlastgifts.com ;
- Selecting one or more of the goods offered on and adding them to the list of goods to be
purchased; - Providing details to make the delivery;
- Choosing a payment method;
- Confirming the order.
Art. 8. (1) The Supplier undertakes to inform the User of any details, irregularities, unavailability of
goods, etc. electronically or by a telephone call to the contact telephone number provided by the
User.
(2) The purchase is deemed to be completed at the moment the User goes through all the steps of
the purchase from the ELECTRONIC SHOP and receives his electronic order number.
(3) The Supplier sends information about the order to the User’s e-mail address provided at the time
of purchase.
(4) The Supplier shall deliver the goods to the address provided by the User and shall not be liable in
the event that the data provided by the User is incorrect or misleading.
VI. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 9. (1) In order to ensure an informed choice in the purchase of the product, the main
characteristics of the goods offered by the Supplier are defined in the page of each product of the
ELECTRONIC SHOP.
(2) The price of the goods, including all taxes, shall be determined by the Supplier.
(3) The cost of postage and shipping is not included in the price of the goods and is provided as
information to Users when selecting the goods for purchase;
(4) The method of payment, delivery and performance of the Contract shall be set out in these
General Terms and Conditions and the information provided to the User on the Supplier’s website.
(5) The information provided to the Users under this Article is up-to-date at the time of its
visualization on the Supplier’s website, prior to the conclusion of the purchase contract, and it is
assumed that there are discrepancies between the announced and actual sizes, colors and changes
in the design of the products and their packaging, for which the Supplier is not responsible, i.e. the
information published on the website about colors and sizes should be interpreted as indicative.
(6) The Supplier must indicate the terms of delivery of the goods on the website of the ELECTRONIC
SHOP.
(7) Before finalising the purchase, the Supplier shall state the total value of the order for all the
goods contained therein.
Art. 10. (1) For deliveries within the territory of the Republic of Bulgaria, the User shall pay in cash on
delivery to the Supplier or via Paypal and Stripe ( card payment )
(2) For deliveries from abroad, payment of the goods and transport costs is required in advance via
PayPal or Stripe.
Art. 11. (1) Pursuant to Article 55 of the Consumer Protection Act, within 14 days from the date of
receipt of the goods, the User shall have the right to withdraw from the goods, with the costs and
responsibility for the return of the goods being at the User’s expense. Cancellation shall be made in
writing via e-mail: sales@everlastgifts.com by completing the Cancellation Form. The goods must be
returned in the same condition as received, with the transport costs being borne by the User – please
refer to the Instructions for exercising the right of withdrawal.
(2) The right of withdrawal under par. 1 does not apply in the following cases:
- for the delivery of goods made to the User’s order or according to his individual requirements –
applies to all goods made to order ( according to a photograph provided by the User )
(3) In case the consumer exercises his right of withdrawal under par. 1, the Supplier shall be obliged
to refund in full the amounts paid by the consumer no later than 14 calendar days from the date on
which the consumer exercised his right of withdrawal from the concluded contract.
(4) The consumer shall be obliged to keep the goods received from the Supplier, their quality and
safety during the period referred to in par. 1. The right of withdrawal exists to allow the User to
examine the product in the same way as in a shop and not to use it free of charge for 14 days.
Art. 12. (1) If the Supplier is unable to fulfil the order due to the unavailability of the goods
requested, he shall notify the User and refund the amounts paid by him (if the User has paid in
advance), in the event that the User does not wish to choose another product with which to replace
the unavailable one.
(2) In cases where the Supplier does not have the ordered goods, it shall be entitled to offer the User
goods with similar characteristics, the same quality and price.
Art. 13. (1) The Supplier shall hand over the goods to the consumer after verifying the fulfilment of
the requirements and the existence of the circumstances referred to in Article 61 of the Consumer
Protection Act.
(2) The User shall inspect the goods at the time of delivery and handover by the Supplier and if they
do not meet the requirements, shall immediately notify the Supplier thereof.
VII. PROTECTION OF PERSONAL DATA
Art. 14. (1) The Supplier shall take measures to protect the User’s personal data in accordance with
the Personal Data Protection Act.
(2) For reasons of security of the Users’ personal data, the Provider will only send the data to the e-
mail address that was provided by the Users at the time of registration.
(3) The Provider adopts and publishes on its website a Privacy Policy, available at
www.everlastgifts.com.
(4) The registration of the User in the ELECTRONIC SHOP www.everlastgifts.com is not bound to
receive newsletters and commercial communications. Each newsletter provides for the possibility to
unsubscribe at a time of the User’s choice.
(5) For the receipt of commercial communications from the Supplier, newsletters or offers to
purchase goods, the User additionally gives his consent by ticking the box (checkbox) in the consent
form upon registration and further confirming it by e-mail.
Art. 15. (1) At any time, the Provider shall be entitled to require the User to identify himself and to
certify the correctness of each of the circumstances and personal data declared during registration.
VIII. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
Art. 16. (1) These General Terms and Conditions may be amended by the Provider, for which the
Provider will notify in an appropriate manner all Users of the ELECTRONIC SHOP who have
registered.
(2) The Provider and the User agree that any supplementation and amendment of these General
Terms and Conditions shall be effective against the User in one of the following cases:
(a) after express notification by the Provider on the E-COMMERCE SHOP platform and if the User
does not declare within the 14-day period granted to him that he rejects them; or
(b) after they have been published on the website of the DOCTOR on the platform on the platform of
the ELECTRONIC SHOP and the USER does not declare, within 14 days of their publication, that he
rejects them; or
c) with the express acceptance of the User through his/her profile on the Doctaĸch’s website on the
E-Commerce platform.
(3) The User agrees that all statements made by the Provider in connection with the amendment of
these General Terms and Conditions will be sent to the e-mail address indicated by the User upon
registration. The User agrees that e-mails sent pursuant to this Article need not be signed with an
electronic signature to be effective against him.
Art. 17. The Provider publishes these General Terms and Conditions at www.everlastgifts.com,
together with any additions and amendments thereto.
IX. ELECTRONIC NEWSLETTER
Art. 18. By registering and agreeing to the General Terms and Conditions of Use, each user consents
or not to receive newsletters from the ELECTRONIC SHOP www.everlastgifts.com , containing
information on current promotions and activities, as well as the organisation of future ones for
commercial and marketing purposes.
Art. 19. Subscription to the newsletter is possible without mandatory registration on the website.
Any online user can request to receive the newsletter by entering his/her e-mail address in the
“NEWSLETTER” field located at the bottom of the site.
Art. 20. Users may opt out of receiving the newsletter at any time by using the attached link, located
in each electronic newsletter, or by sending an e-mail with the text DELETE to
sales@everlastgifts.com . Opting out of receiving a newsletter does not mean opting out of
registration on the site (if available).
X. OTHER TERMS
Art. 21. Users of the site may not perform acts that violate generally established rules of
communication and communication, commit malicious acts, spread viruses and the like, violating or
damaging the rights or interests of third parties.
Art. 22. These General Terms and Conditions shall apply to all Users of www.everlastgifts.com
Art. 23. In the event of a dispute, you may also seek assistance through the European Commission’s
online platform for the resolution of consumer disputes.
www.everlastgifts.com has the right to change the technology and design of the services provided
without prior notice.
Annex No. 1 – Guidelines for exercising the right of withdrawal