I. GENERAL PRINCIPLES
Sofia Moto Trade Ltd Registered No 131379396; Headquarters and registered office: BULGARIA, Sofia, 348 Botevgradsko Shouse Blvd and its brand Harley-Davidson® Sofia hereinafter shall be the VENDOR.
The term ‘USER/CLIENT’ is understood as any individual who has loaded the web page www.harleyshop.bg on their computer or mobile device.
The term ‘Order’ is understood as chosen goods and any other options related to the method of delivery and payment of the goods by the USER/CUSTOMER.
1. This document contains the Terms and Conditions, according to which the VENDOR provides goods and services its USERS/CUSTOMER, online at www.harleyshop.bg. All users are bound by these rules. By pressing the ‘Submit Order’ button, the USER/CUSTOMER agrees, fully accepts and is obliged to adhere to the herein outlined Terms and Conditions.
2. Upon agreement with the Terms and Conditions, the USER/CUSTOMER data (IP address and other relevant information) is logged on the harelyshop.bg servers. This is to confirm their statement of acceptance to the Terms and Conditions and the submission of their order.
3. The goods found in the Online Store do not represent legally binding offers. Instead, they are a mere invitation to treat the representative online catalogue showcasing the VENDOR’s product line.
4. Upon pressing the ‘Submit Order’ button the USERS/CUSTOMER agrees to purchase the goods found in ‘The Cart’. The order placed has the power of a contract as per buyer statutory rights.
5. The VENDOR maintains their right to refuse a confirmed order in case the goods are unavailable. In case of stock unavailability of the requested item, the VENDOR informs the USER/CUSTOMER of the aforementioned unavailability within three working days by email or over phone provided by the CUSTOMER. If a payment has already been made to the VENDOR’s account, the CUSTOMER, can choose between a refund, cancellation or a replacement order.
6. The contractual language is Bulgarian and the payments are to be made in BGN including VAT.
II. DELIVERY
7. The USER/CUSTOMER bears all the risk of damage or loss during the process of delivery. Upon turning over the goods to a courier, THE VENDOR ceases to be accountable for any damage or loss, and the responsibility is transferred to the USER/CUSTOMER. The VENDOR takes no responsibility of delay of delivery, provided the delay is caused by a courier or any other delivery person. The photographs representing the models portray their colours as accurately as possible. The Online Store takes no responsibility for inaccuracies in the portrayal of colours resulting from differences in the technical parameters of monitors and computer systems used to access the website.
8. Upon delivery, the goods must be examined carefully by THE USER/CUSTOMER or their authorised representative within 15 minutes. If the CUSTOMER opts out of the ‘inspection and test’ option, the goods have to be tested as early as possible after having been received. Any faults, dents or other damage must be reported to THE VENDOR immediately. In case of damage sustained during transporting, THE VENDOR takes no responsibility for the warranty service of this item. In case that THE VENDOR has specified a date and time of delivery, the statement has a binding effect. If wrong address, contact name and/or contact information are provided during the order submission, THE VENDOR has no obligation whatsoever related to the execution of the order.
Important: The products offered at the Online Store will be updated in accordance to stock availability. However, it is possible to be out of stock on the order date.
8a. Upon delivery of the goods, the USER/CUSTOMER, or a third party, must sign the accompanying documents. A third party is considered anyone who is not a holder of the request but accepts the goods upon delivery and/or is present at the address provided by the CUSTOMER.
Important: With the exception of the following circumstances, in case of a refusal upon delivery, this refusal will be considered unfounded and the CUSTOMER will be obliged to cover the delivery and return expenses. In case the CUSTOMER is absent, or if access conditions are not provided, the VENDOR has no obligation to deliver the ordered goods.
8b. When the delivered goods are inarguably not the same as the ones ordered by the CUSTOMER and if this can be determined by a regular examination, the CUSTOMER can request a replacement with the originally ordered items or a refund within 14 days. Upon returning the package, the commercial appearance of the goods therein must remain intact. In this particular case, transportation costs for the return of the goods are covered by the VENDOR.
8c. The refund will be transferred to a bank account of your preference in up to 14 days upon receipt and examination by the VENDOR of the goods and only if the abovementioned criteria is met.
8d. In case the payment was made via debit or credit card, the refund will be transferred to the same bank card in up to 14 days.
III. PRICES
9. All prices are in BGN including VAT. The prices indicated on the website do not include packaging or transportation to either CUSTOMER address or the office of the courier company. It is assumed that the email address provided by the CUSTOMER upon registration is their usual and regularly checked one. Therefore, it is assumed the CUSTOMER is aware of all information sent to this e-mail address.
IV. RIGHTS AND OBLIGATIONS OF THE USER/CUSTOMER
10. The USER/CUSTOMER has the option to browse and order the items showcased on www.harleyshop.bg. The information published on the online store website on sizes and fits is to be taken as a guideline. Sofia Moto Trade Ltd. allows for discrepancies between the published and actual sizes, for which it takes no further liability beyond exchanging for the right size. Upon doubt in the choice of size, the CUSTOMER may contact the VENDOR for further information.
11. The USER/CUSTOMER has the right to be informed about the condition and whereabouts of their order.
12. The USER/CUSTOMER takes full responsibility for keeping their username and password protected and for any actions taken by them or any third party using those. THE USER is obliged to immediately inform the VENDOR in case of any unauthorised access via their username and password.
13. The USER is obliged to pay the price of their order in accordance with the procedure published on /www.harleyshop.bg/.
14. Any USER, regardless of whether they are a CUSTOMER of the VENDOR has the following obligations when using their services:
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To not violate and to respect the basic rights and liberties of the citizens and all human rights, according to the Constitution and laws of Bulgaria and the ratified international acts;
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To not to detract the good name of others and to not call for violent change to order, to not provoke the committing of a crime or any violence towards someone’s personality or to not incite racial, national, ethnic or religious animosity;
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To not violate others’ material or non-material absolute or relative rights and interests, such as the right to property, the right to intellectual property, etc.;
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To adhere to the Bulgarian legislation, applicable foreign laws, the rules of morality and good manners and Internet ethics when using services provided by /www.harleyshop.bg/;
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To notify the VENDOR immediately in case of any committed or discovered violation when using the services provided;
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Not to upload, send, transmit, distribute or use in any way, shape or form and to not make available to third parties any software, computer programs, files, applications or any other material containing computer viruses, systems for unauthorised remote control (Trojan horses), computer code or material intended to disrupt, hamper or obstruct the normal functions of a computer hardware/software or telecommunication installations, the purpose of which is unauthorised invasion or access to foreign resources or software;
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To not participate in malicious acts;
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To compensate the VENDOR and any third party for any sustained damages and undelivered benefits, including any expenses and legal fees, incurred due to legal claims and/or paid damages to third parties related to webpages, hyperlinks, materials and information that the USER has used, uploaded to the server, sent, distributed, made available to third parties or made available via www.harleyshop.bg in violation to the laws, the Terms and Conditions, outlined in this document, good manners or Internet ethics;
14a. The CUSTOMER is obliged to provide an accurate and valid phone number, delivery address and email address, to pay the price for the goods, to meet the delivery expenses when the delivery is not complimentary and to provide access conditions for receiving of the goods. Unless explicitly stated otherwise, delivery is considered a paid service. The price of delivery for the CUSTOMER is fixed at 5 BGN.
V. RIGHTS AND OBLIGATIONS OF THE VENDOR
15. The VENDOR has neither an obligation, nor a capability to control the way in which users exploit the goods provided.
16. The VENDOR has the discretion to collect information stored on the www.harleyshop.bg server.
17. The VENDOR has the right to suspend or change the provided services related to the use of the website at any time, without notifying the USER/CUSTOMER, when the use of the former services violates the Terms and Conditions herein, as well as at the VENDOR’s discretion. The VENDOR takes no responsibility towards the users and any third party for sustained damages and undelivered benefits incurred due to suspending, restriction or change of services, deletion, modification, loss, inauthenticity, inaccuracy or inadequacy of messages, materials and information, transmitted, used, recorded or made available via www.harleyshop.bg.
17a. After payment is received, the VENDOR is obliged to transfer ownership of the ordered goods to the USER/CUSTOMER, to deliver the ordered goods within the deadline, to verify the working order of every item before it is sent out (assuming this is possible while maintaining the integrity of the package).
18. The VENDOR takes no responsibility for damages caused to software, hardware or telecommunication installations, or loss of data resulting from materials or resources, searched, loaded or used in any way through the services provided. The advice, consultation or help received from specialists and employees of the VENDOR in relationship to the users’ exploitation of the services does not impose any responsibility or obligation upon the VENDOR. The company takes no responsibility for inaccuracies in information provided by the manufacturer regarding the goods.
19. The VENDOR has the discretion to collect and use information about their USERS/CUSTOMER regardless of whether they are registered users or not.
20. The information collected in article 19 may be used by the VENDOR unless in case of explicit statement by the USER, addressed to the following email address: info@harley-davidson-sofia.bg. The VENDOR collects and uses the information to improve the services offered. Information used by the Vendor will comply with the Bulgarian legislation, applicable international acts and good manners.
21. The VENDOR takes no responsibility for failure to fulfil obligations under this contract in circumstances that the VENDOR did not and was not obligated to anticipate – including instances of random events, problems in the World Wide Web and in delivering the services that are beyond the VENDOR’s control.
22. The VENDOR has the right to install cookies on the users’ computers. Cookies are text files that are saved from webpages onto the USER’s/CLIENT’s hard drive and allow the retrieval of information about the USER/CUSTOMER by identifying them and allowing the tracking of their actions, the webpages they visit, the hyperlinks they use, the information they use and save, etc.
VI. PERSONAL DATA
23. The VENDOR assures their USERS/CUSTOMER in complying with the Data Protection Act. The former will not be used, granted to or brought to the attention of any third party aside from the instances and conditions outlined in the current Terms and Conditions. The VENDOR protects the personal data of the USER/CUSTOMER made available to them upon submission of the online purchase request form, an obligation which is made void in the cases that the USER/CUSTOMER has submitted false data. Complying with current legislation and the provision of the current Terms and Conditions, the VENDOR may only use the USER/CUSTOMER personal data for the purposes outlined in the contract. Any other instance the data is used will comply with Bulgarian legislation, applicable international acts, Internet ethics, the rules of morality and good manners.
23a. The VENDOR is obliged not to disclose under any circumstances personal information about the USER/CUSTOMER to any third party – state authorities, companies, private individuals, etc., apart from the cases when the VENDOR has received the USER’s/CLIENT’s explicit written consent or when the information is requested by government authorities or state officials, who are, according to current legislation, authorised to request and collect such information. The VENDOR is obliged by law to provide such information.
VII. AMENDMENTS
24. The Terms and Conditions may be altered at any given time by the VENDOR, who also has the right to change the characteristics of the services provided and the current Terms and Conditions on the basis of changes in legislation. The VENDOR is obliged to inform the USER/CUSTOMER of changes by publishing an announcement of the amendments on a conspicuous place on their webpage and providing sufficient time for the USER/CUSTOMER to familiarise themselves with the changes. Within the time frame, if the USER/CUSTOMER does not state that they decline the changes, they are considered bound to them. In case the USER/CUSTOMER states in time, that they disagree with the changes, the VENDOR has the right to immediately stop or suspend the provision of services to the USER/CUSTOMER.
25. The online store www.harleyshop.bg is property of the VENDOR.
26. All disputes between the parties are to be settled in the spirit of good faith and understanding. In the case that an agreement cannot be reached, all unsettled disputes, including such that are caused by the contract’s interpretation, invalidity, execution or discontinuation, as well as disputes about filling gaps within the contract or its adaptation to newly emerged circumstances are to be settled by the competent court in accordance with the Bulgarian legislation. Should a dispute arise, the Bulgarian translation carries the greater weight.