Common terms

GENERAL TERMS OF PLATFORM FOR ONLINE TRADING

I. SUBJECT
Part 1. This general terms are needed for relations regulation between 
  „VM 21LTD“ Ltd, VAT BG204883514, represented by Velislav Georgiev Petrov, with seat and register address: Sofia, str. Rodopi 21, hereinafter in this agreement called OPERATOR
and clients hereinafter called CLIENTS, of platform for online trading VM21SEXY.COM, hereinafter called   “VM21SEXY.COM” and goods PROVIDERS in it.

Part 2.   (1) Present general terms are compulsory for all platform users
(2) Every platform using means that the client is familiar with these general terms for platform using and they are agree to follow them absolutely.

II INFORMATION ABOUT PLATFORM’S OPERATOR

Part 3. Information according the Law for online trade and the Law for users’ protection.

1. Operator’s name: „VELMERTO“ Ltd
2. Seat and register address: Sofia, str. Rodopi 21
3. Business address for doing activity and address for users’ complains: Sofia, str. Rodopi 21
4. Correspondence data: Sofia, str. Rodopi 21, Current phone at:  email: sales@vm21sexy.com

III. TERMINOLOGY DETERMINATION

“PLATFORM”- VM21SEXY.COM: site, based in Internet area, which allows to create individual account, thanks to special developed software for the needs of the platform (approved by the OPERATOR) for every PROVIDER.
“ACCOUNT”- a special created for every PROVIDER , through which the PROVIDER and the OPERATOR can use the site and can attach photos and some information for goods, which the PROVIDER sell to the CLIENTS. 
“OPERATOR”- a legal person who manages the platform and is responsible for technical service and gives possibility to the PROVIDERS to sell through it.
“PROVIDER/PROVIDERS”- physical or legal people, who offer their own goods and sell it through the OPERATOR’S platform (PROVIDERS have a contract with the OPERATOR which allows them to do it).
“CLIENT/CLIENTS”-  the final buyer of goods, offered by the platforms.

IV. PLATFORM’S CHARACTERISTICS

Part 4. On the web address www.VM21SEXY..com OPERATOR support web based platform for online trading, hereinafter in this agreement called the PLATFORM, through which the PROVIDER provide goods for selling and where the CLIENTS have possibility to: 
(a)  do registration and  profile creating
(b)  check characteristics, prices and providing condition of goods, offered from the PROVIDERS in the PLATFORM
(c) sign contracts with PROVIDERS for sell-trade and providing of goods.
(d) do any payments, connected with signed contractions, through the PLATFORM, including online payment.
(e) receive any information for new goods, offered by the PROVIDERS in the PLATFORM.
(f) do online statements, connected with signing or realization of contractions with PROVIDERS in the PLATFORM.
(g) be informed for the rights, coming from the Law, mostly through the interface of the PLATFORM.
(h) use their right to refuse, according the common conditions and when it is possible, according to the Law for users’ protection.
Part 5. (1) Clients sign a contraction with the PROVIDERS in the PLATFORM for goods sell-trading. The contract is signed in Bulgarian language and it is saved in the PLATFORM , in data base of the PROVIDER.

(2) According to the signed contraction with the CLIENTS for sell-trade of goods, the PROVIDERS in the PLATFORM organize providing of goods and guarantee the rights of the CLIENTS, according to the law. CLIENTS have the right to correct any mistakes in leading information, by the period of announcement for signing the contract.

(3) CLIENTS pay PLATFOM’S PROVIDERS a fee for the provided goods in amount of announces in the PLATFORM  price of it.  

(4) CLIENTS pay PLATFORMPROVIDERS or a courier company a fee for providing goods, according to announced conditions of providing in the PLATFORM.

Part 6. (1) the CLIENT, the OPERATOR and any single PROVIDER in the PLATFORM are agree with all the announcements between them, connected with signing the sell-trade contract, could be done online or through online statements according to the Law of Electronic document and signature and part 11. from the Law of online trade.
(2) All online statements, done by the CLIENTS of the sites, are written by people, pointed in information given by the CLIENTS when the registration was made if the CLIENT have name and password for access. 

V. REGISTRATION FOR PLATFORM USING

Part. 7 (1) to use the PLATFORM for sell-trade of goods, the CLIENT must insert a chosen by themselves an e-mail and a password for any connection, or make a registration as a new CLIENT, which confirm that they accept these general terms.

(2) PLATFORM’SOPERATOR confirm that the registration is done by the CLIENT, through sending a letter to the CLIENT’S e-mail address.

(3) When the CLIENT do the registration, they are obligated to give accurate information about themselves and to inform the PLATFORMOPERATOR for any changes. 

VI. OFFER OF SELLING GOODS

Part. 8 (1). Goods displayed on the PLATFORM, is offered by the name of the PROVIDER.

(2)  When the goods is displayed on the PLATFORM, the PROVIDER do not guarantee the identity of the colors, shapes, sizes and other characteristics, which are shown on the pictures, and its identity with provided goods.

(3) PROVIDER allows free access to the goods by displaying it on the PLATFORM and defines these parameters: type of goods, term and price. Any other arrangements are determined only by the OPERATOR.

(4) On the PLATFORM in not allowed to do auctions, biddings and any other negotiations connected with the signing of the contract which aim is to change, shown on the site VM21SEXY.COM goods, prices, numbers and others.

(5) PROVIDER give some documents for selling goods by their own name.

VII. APPLICATION FOR BUYING GOODS

Part 9. (1) Each able person can make an order for buying goods, which is trade through the PLATFORM VM21SEXY.COM. 

(2) The order is made online. It must contains announcement about goods’ pointing and accepting of declared price. The offer is official at the moment of its disposal in online system of the platform. 

(3) Accepting the order by the PROVIDER is certificated by an online text message. 

(4) There are not accepted orders for goods, which:
- is not traded on the platform
- the quantity is finished and it is announced on the platform
- is forbidden for trading
-  is not according to the active standards and requirements for origin, quality and equality of goods

(5) There are not accepted orders, which:
- are given from miners and under-aged
- connected with wholesale trade
- for providing to false places or addresses 
- for leasing way of payment, or other way of delayed transfer goods’ ownership.

VIII.  DEPOSING OF THE ORDERS FOR BUYING GOODS. RESULTS.

Part 10. (1) Given by the PROVIDER and accepted by the OPERATOR order is displayed for selling through the PLATFORM.

(2) After giving the order, the OPERATOR is not obligated to control the delivery of the goods, its identity, quality and other indexes, which are published by the PROVIDER.

IX.  TECHNICAL PHASES TO SIGN A SELL-TRADE CONTRACT

 Part11. CLIENTS use the interface of the PLATFORMS  to sign a sell-trade contracts for the offered on the PLATFORM goods by the PROVIDER.

Part12. CLIENTS sign the sell-trade contract for goods on the PLATFORM by the following procedure:
12.1 If the CLIENTS do not have, they have to make a registration on the PLATFORMS or to present all the necessary information.

12.2 Entering the PLATFORMS for doing orders through identify with user name and password.

12.3 Choosing one or more offered by the PROVIDERS goods in the PLATFORMS and adding them in the virtual basket.

12.4 Choosing goods from the virtual basket in the PLATFORMS, for which the sell-trade contract will be signed.

12.5 Submitting information for performing the delivery.

12.6 Choosing the right way and moment for paying the price.

12.7 Confirming the order.

X.  SUBJECT OF THE CONTRACT

Part 13. (1) PROVIDERS in the PLATFORMS can organize together and in the same time the delivery of the orders, with individual sell-trade contracts. Delivering of the ordered by the CLIENTS goods is done by a courier company, which is chosen through the PLATFORM. The courier company notifies the CLIENT when the order is delivered.

(2) The rights of the CLIENTS which are connected with delivered goods are practiced separately for every sell-trade contract. Practicing the rights which are connected with delivered goods do not affect and there is no influence over the sell-trade contracts of the other goods.

Part 14. CLIENT can pay the price for each sell-trade contract at once when the order is done, or when it is delivered.

XI. SPECIAL CLAUSES WHICH CONCERN PEOPLE, WHO ARE CONSIDERED AS USERS, ACCORDING TO THE LAW OF USER’S PROTECTION

Part 15.  Rules of the present section XII of these general terms can be applied only to CLIENTS –Users, who according to given information for signing the see-trade contract, or when the registration is done, can be considered as users according to the Law of users’ protection or the Law for online trade  and on Directive 2011/83/EC of European parliament and on Council from 01.10.2016. 

Part 16. (1) Basic characteristics of the goods which are offered by the PROVIDERS in the PLATFORMS are defined in the profile of any goods.

(2) The price of the goods with all included duties and taxes, is defined by the relevant PROVIDERS of the goods in the profile of any goods in the PLATFORM.

(3) The price of the postage or transport costs, which is not included in the price of goods, is determined by the PROVIDER in the PLATFORM. All this information must be given to the CLIENTS-users, when they choose some goods for signing a sell-trade contract.

(4) The way of payment, delivery and execution of the contract are determined in present general terms and through the information, given to the CLIENT-Users according mechanisms in the PLATFORM and a virtual account, created on the site.

(5) Information provided to the CLIENTS-users on this part is actual by the moment of its visualization on the PLATFORM, before signing the sell-trade contract.
(6) CLIENTS-Users are agreed, that all required by the law of users’ protection information can be presented through the interface of the PLATFORM or an e-mail.

Part 17. (1) CLIENTS-Users are agreed, that PROVEDERS in the PLATFORM have the right to take a payment in advance for signed with the CLIENTS –Users sell-trade contracts for goods, and its delivery.

(2) In case that the value of the order is equal or is more than 15000 lv., the payment can be done only by bank transfer, or on the PROVIDERS’ account.

Part 18. (1)  CLIENTS- Users have the right to refuse the signed contract without any compensation or a penalty within up to 14 days, considered from the date when the goods is accepted. All this can be done through a blank for refusal, which is on the site of the OPERATOR on the PLATFORM and it can be found in Application № 1 in present general terms. Information about the right of refusal is accessible on the site of the PLATFORM and in Application № 2 in present general terms.

(2) The right of refusal according to paragraph 1 is not applicable in these cases:
a) for delivery of goods, made especially for the BUYER or according to their individual requirements.
b) for delivery of goods, which can make worse because of their substance or have short expiry date.
c) for delivery of goods, which are sealed and which after its delivery are unsealed and it can not be returned because of considerations, connected with the hygiene or health protection.
d) for delivery of goods, which is delivered and because of its substance is mixed with other goods and can not be separated.
e) for delivery of sealed sound, video recording or software, which are unsealed after their delivery
f) for delivery of newspapers, period editions or magazines without subscription contracts of such kind of editions

(3) When the CLIENT-User take their right to refuse the contract from distance or out of the firm, the PROVIDER who is paid, have to refund all amounts received from the CLIENT-User, without justification and by the period of 14 days from the date they are notified about CLIETN-User’ decision to refuse the contract. PROVIDER recover the received amounts in cash or by the virtual account. The way of payment is taken by the CLIENT-User.

(4) When the CLIENT-User take their right to refuse the contract, expenses for returning of the goods are subtracted from the amount for restore.

(5) CLIENT-User is obligated to keep in safe received by the PROVIDER in to the PLATFORM goods and to ensure its quality and safety through the term according to paragraph 1.

(6) CLIENT-User can take the their right to refuse the contract with the PROVIDER by sending a written announcement to the PROVIDER trough a standard procedure for refusal of the contract. This procedure can be found on the site of the platform and it is described in Application 1 to the present general terms.

Part 19 (1) The term for delivery of goods is determined for any goods or order separately, when the contract is signed with CLIENT-User through the site of the OPERATOR on the PLATFORM.
(2) In case that the PROVIDER on the PLATFORM do not fix a term, the delivery of goods will be done up to 30 (thirty) days, from the date which follows the sending of order to the CLIENT-User to the relevant PROVIDER through the site of OPERATOR on the PLATFORM.

(3) If the PROVEDER on the PLATFORM can not fulfill the contract because of luck of the ordered goods, they are required to inform the CLIENT –User and to restore all amounts which are paid.

Part 20. PROVIDER is obligated to observe all requirements, laying down in Bulgarian legislation about labeling, advertisement and selling goods which the PROVIDER sell.

XII. PURSUANCE OF THE CONTRACT

Part 21. (1) PROVIDER can organize the delivery and giving of the goods to the BUYER in the period of time which is determined in the contract.

(2) If the term in paragraph 1 is not explicitly mentioned between two sides of the contact, PROVIDER organize the delivery and giving of the goods in reasonable term, but by the period of 2(two) months.

(3) In any cases PROVEDER or OPERATOR of the platform have the right to require payment in advance for the orders made from BUYERS.

(4) PROVIDERS in the PLATFORM are not obligated to ensure service for the goods, if it is necessary.

Part 22. When the BUYER make a registration of Order on the site, they declare their wish to receive this goods or service by payment.

Part 23. (1) CLIENT have to observe the goods at the moment of its delivery and giving, and if there is something, which is not according the requirements, to inform immediately about this the PROVIDER. 
(2)  If the BUYER do not inform the PROVIDER according to paragraph 1, the goods is considered as approved, except if there are some hidden defects.

(3) Announcement on this paragraph can be done with the help of the OPERATOR in the PLATFORM.

Part 24. For unsettled cases in this section, will be enforce the law for business selling, defined in the Commercial Law.

XIII. PROTECTION OF PERSONAL DATA

Part 25. (1) OPERATOR of the PLATFORM and all PROVIDERS in it, take measures for protection of personal data of the BUYERS, according to the Law for protection of personal data.

(2) For security of the CLIENTS’ personal data,  the OPERATOR on the PLATFORM send data only by an e-mail, which is given by the BUYER in their registration.

(3) OPERATOR of the PLATFORM have the right to keep in safe the data in the final announcing system of the CLIENTS, except if there is a refusal from the CLIENTS.

(4) CLIENTS and CLIENTS-Users are agreed that the OPERATOR on the PLATFORM and PROVIDERS have the right to collect, safe and process the data about their behavior when they use the PLATFORM, and if it is necessary, to give them to people who are responsible for deliveries.

Part 26. (1) At any moment, OPERATOR of the PLATFORM have the right to require from CLIENTS and CLIENTS-Users to establish and certify announced in the registration circumstances and personal data.

(2) In case that the CLIENT or the CLIENT-User forget or lose their user name and password, they have the right to apply the procedure “Forgotten Password” which is accessible in the PLATFORM.

XIV. ADVERTISEMENTS AND BULLETIN

Part 27. (1) CLIENTS are agreed that the PLATFORM have the right to send at any time some online text messages to them, including an online bulletin with proposals for selling goods, as long as there is an agreement for receiving.

(2) Bulletins on the PLATFORM, which contain information about discounts and other promotions, are sending by the name of the PLATFORM itself.

Part 28. (1) At the moment when the CLIENT create a registration on the PLATFORM, there is a chance to express their agreement for receiving bulletin.

(2) An agreement for receiving bulletin can be changed at any time.

(3) If the CLIENT want to draw back their agreement, they have to use a procedure, which is accessible from a  special link in any bulletin.

(4) Refusal for receiving a bulletin, do not mean automatic refuse from given agreement for signing of the present contract.

Part 29. PROVIDER who advertise the PLATFORM/PLATFORMS, receive in return of that access by the side of the OPERATOR, to administration of the relevant PLATFORM/ PLATFORMS, where  the PROVIDER and the OPERATOR can upload pictures of the products and prices.

Part 30. PROVIDER who pay advertisement, receive in return of that access by the side of the OPERATOR, to administration of the relevant PLATFORM, where the PROVIDER and the OPERATOR can upload pictures of the products and prices. The payment of this service can be cash or by a bank transfer.

XV. CHANGE AND ACCESS TO GENERAL TERMS

Part 31. (1)  General terms can be changed one-sided by the OPERATOR at any time, through their updating.  This changes come into operation immediately and they are compulsory for all CLIENTS and CLIENTS-Users.

(2) OPERATOR have the right to make changes of conditions for using at any time, by their own discretion or if they are lay down by some normative statement. It is possible these changes to have a retroactive effect to delivered and confirmed orders.

Part 32. (1) OPERATOR of the PLATFORM have to inform, in appropriate way, all CLIENTS who are registered, if there are any changes in present General terms. 

(2) OPERATOR of the PLATFORM and the CLIENTS are agreed that any changes and additions of present general terms, will have an effect to the CLIENT, after their publishing on the site of the OPERATOR on the PLATFORM and if the CLIENT do not claim a refusal by a period of 14 days from their publishing.

(3)  CLIENT is agreed that all statements of the OPERATOR of the PLATFORM, which are connected with the change of present General terms, will be send on a CLIENTS’ e-mail, which is given in their registration. CLIENT is also agreed that e-mails sent according part 32, is not necessary to be signed with digital signature to be effected to them.

Part 33. OPERATOR of the PLATFORM publish present general terms, altogether with any changes and additions in them.

XVI. TERMINATION OF A CONTRACT

Part 34. Present general terms and the CLIENTS’ Contract with the OPERATOR can be terminated in these cases:
(a) when one of the sides of the contract is proclaimed in liquidation or bankrupt
(b) when there is a written  mutual agreement 
(c) when there is an objective impossibility of one of the sides, to fulfill the contract
(d) when the equipment of one of the sides, is confiscated or sealed by the authorities
(e) in case that the CLIENT delete their registration on the PLATFORM, signed but unfulfilled sell-trade contracts are valid and have to be done, only if the PROVIDER find the CLIENT and there is written confirmation of the order.

Part 35. OPERATOR of the PLATFORM have the right, by their own discretion, to terminate the contract  without sending any notification and without any compensation, in case that the OPERATOR find out that the CLIENT use the PLATFORM in violation with present general terms, legislation of Republic of Bulgaria, generally moral norms, rules and practice in online trade.

XVII. RASPONSIBILITIES

Part 36. (1) CLIENT is obliged to compensate and to relieve of responsibility the PROVIDERS when there are legal claims and other pretention of third person ( no matter if they are lawful or not), for all damages and expenses (including lawyers’ fee and legal costs), which are coming from or in connection with :
(a) default on some of obligations on present contract
(b) breaking author’s and  producer’s rights for emission or other rights on intellectual or industrial ownership    
(c) Illegal transfer to other people the rights, given to the CLIENT, for the term and conditions of the present contract
(d) false declaring of presence or absence of capacity as user, according to the Law of users’ protection. 

(2) CLIENT is obliged to compensate the OPERATOR or the PROVIDER for all made transport expenses, connected with the delivery of the goods, in case of unscrupulous refuse from the contract.

Part 37. OPERATOR of the PLATFORM do not take a responsibility in case of irresistible force, accidental event, Internet problems, technical or other objective reasons, including instructions of the authorities.

Part 38. (1) OPERATOR of the PLATFORM do not take a responsibility for damages caused by the CLIENT to third person.

(2) OPERATOR of the PLATFORM and chosen by them distributors do not take a responsibility for any damages, which are expressed in missed advantages or sustain damages, caused to the CLIENT in the process of using or non using of the PLATFORM and signing  sell-trade contracts.

(3) OPERATOR of the PLATFORM do not take a responsibility for the time when the PLATFORM is no available because of irresistible force.

Part 39. (1) OPERATOR of the PLATFORM do not take a responsibility in case of overcoming of the security of the technical equipment, and if there is waste of information, spread of information, access to information, restrict of the access to information and any other consequences. 

(2) OPERATOR of the PLATFORM do not take a responsibility in case of signing a sell-trade contract, giving access to information, waste or changing of the data, became in consequence of fake identity from third person, who present themselves as a CLIENT, if the circumstances allow to believe this person is a CLIENT.

Part 40. (1) Responsibility for origin, substance and quality of the goods, offered for selling through the PLATFORM, is entirely taken by the PROVIDERS.

(2) PROVIDERS in the PLATFORM are obligated not to offer or sell through the PLATFORM goods with brand if they do not have license or law right for their offering and selling, including copyrights or related to them rights, trade marks, patents or other rights of intellectual ownership, as well as goods which are forbidden for selling in the territory of the European Union.

 (3) OPERATOR make an effort to keep the accuracy of the information which is presented in the PLATFORM. In spite of this, it is possible to have technical mistakes or omissions in this information. In this case it is possible images of the products to  have informative or leading character and delivered goods can be different from images, because of the changed characteristics or design.     

Part 41. PROVIDER have the right not to deliver part or all goods, or not to fulfill part or all services, because of exhausting of the storage availability or price changing. In all this cases PROVIDER inform the CLIENT through an e-mail or telephone. The only responsibility of the PROVIDER in this case is to return the advanced received amount from the CLIENT, for goods or services.

XVII. OTHER CONDITIONS

Part 42. (1) CLIENT, OPERATOR of the PLATFORM and PROVIDER are obliged to protect each other their rights and legal interests, as well as to keep their trade secrets, which they are known in the process of fulfilling the contract and present general terms.

(2) CLIENT, OPERATOR of the PLATFORM and PROVIDER are obliged during and after termination of the contract not to announce in public any kind of correspondence between them.  For public knowledge can be considered any correspondence which is published in printed and electronic media, internet forums, personal or public websites and others.

Part 43. In case of contradiction between present general terms and arrangements in a special contract between the sides, the clauses of the special contract are priority.

Part 44. If there is invalidity of some of the orders of the present general terms, it is not leasing to invalidity of the whole contract.

Part 45.  Both sides of this contract have an agreement between them that when there are some arguments, they will try to find an agreement which is good for all of them. If there is disagreement, the case will be given to the Tribunal of Sofia to Association “Development of Bulgarian’s right” according to cases rules based on tribunal agreements.

Part 46. Present general terms are valid for all Clients on 01.05.2017

Application №1- Standard blank for the right of refusal
from the selling contract

Standard  blank for the right of refusal from the selling contract
To: VM21SEXY, e-mail: sales@vm21sexy.com
This blank confirms my refusal from the contract for buying the following goods, which  I have signed:

Number of order: ……………… date:……………received on……………………….
User’s name and surname:……………………
User’s telephone………………………………
User’s address: ……………………………….
User’s signature:……………………………….

Date………………..

You can use the present standard blank for refusal, but it is not compulsory. You can also fill and send by e-mail the information from te refusal blank or to send a text message, which contains your refusal blank and mentioned in the blank data through the form for contact on the Platform. If you choose this option, we will confirm by e-mail or telephone, receiving the refusal blank. 
Any additional information about procedure of order refusal and goods returning, you can see on www.VM21SEXY.COM, in ”Reclamation” part.