GENERAL TERMS AND CONDITIONS OF USE

for use of store.auto-kart.com website

PLEASE READ THESE TERMS AND CONDITIONS FOR THE USE OF THE STORE.AUTO-KART.COM WEBSITE AND THE SERVICES PROVIDED THEREIN. ANY USE OF THE WEBSITE WILL BE DEEMED TO BE ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DISCONTINUE USE OF THE WEBSITE AND SERVICES.

I. Definitions

Terms and Conditions ("T&C") - the terms and conditions governing the relationship between Users of the Website, on the one hand, and the Administrator, on the other, in connection with access to the Website with the URL store.auto-kart.com, viewing and use of the Services provided therein.

Administrator ("We") - a trading company AUTO-KART Racing Ltd, registered in the Commercial Register of the Republic of Bulgaria, with UIC: 203999843, with its registered office and registered address in the town of. Sofia, gk. Ovcha Kupel 1, bl. 418, ent. J, floor 5, app. 266, p.k. 1632, email address: [email protected], which administers and maintains the Website.

Services - all services, resources and functionalities provided by the Administrator in connection with the operation of the Website

User ("You") - a natural or legal person accessing the Website

Website ("e-Store") - a separate space on the Internet with the web address store.auto-kart.com

Goods - products and other items that are offered, searched and sold on the Website

II. Validity and effect

1. These GTC constitute a legal agreement which is binding between the Users and the Administrator. The use of the Website will be deemed to constitute the User's agreement to these General Terms and Conditions of Use. The relationship between the parties shall be governed exclusively and solely by these GTC, the Privacy Policy and other written terms and conditions created and published by the Administrator on the Website, which are an integral part of these GTC.

2. These GTC apply equally to registered and unregistered Users. The GTC do not address nor regulate any matters arising from or related to the provision of links to other third party websites, advertisements and software, insofar as these services are not performed by the Administrator.

3. The Administrator reserves the right to modify these TOU. The Administrator shall notify Users of any modification by posting a notice or notification prominently on the Website. Any use of the Website in any manner shall be deemed to be acceptance of the current published version of the T&C. If the User refuses to accept the current version of the GTC, the User should not use the Website in any way.

4. The Administrator makes no warranties as to the completeness or accuracy of the information, technical or other omissions or errors in the Website.

III. Protection of personal data

5. By accessing the Website, the User accepts and gives his/her informed explicit consent to his/her personal data being collected, processed and stored by the Administrator for the purpose of proper, uninterrupted and complete use of the Website, in accordance with the GTC and the Personal Data Protection Policy published on the Website, which is an integral part of these Terms and Conditions and is available HERE. 

6. The Administrator shall take measures to protect the personal data of Users in accordance with the requirements of the Personal Data Protection Act and other applicable provisions of Bulgarian and European law.

IV. Services

7. Characteristics of the Services

7.1 The Services provided to Users on the Website have the following object: sale, manufacture and delivery of Goods on the Internet through an online ordering platform with the web address (URL) store.auto-kart.com

7.2 The Goods offered in the e-Shop are the following non-exhaustively listed: clothing, footwear, accessories for yoga and kung fu practices, sports and other consumer goods. The products are divided into categories for easier discovery and there is a built-in search engine. In the description of each Goods is given information about the price and fabric of the product, size and other basic characteristics. The Administrator reserves the right, at its sole discretion, to expand the catalogue of Goods offered or to discontinue the sale of certain Goods.

7.3 The Administrator shall provide, and Users shall use, the Services "as advertised", subject to the terms, conditions and parameters set out in the e-Shop. The Services and resources on the Website are used at Users' request, risk and responsibility. The User is responsible for the selection of each Good and Service and for their conformity with his expectations in terms of type, functionalities and their main purpose.

8. Ordering. Conclusion of a distance sales contract.

8.1 In order to place an order, the User must follow the procedure for making an online purchase on the Website by clicking on the "Buy" button next to the image of the selected Goods, following the instructions in the e-Shop to complete the order.

8.2 Before placing an order, the User has the opportunity to review the contents of the shopping cart with the selected Goods for purchase and make changes in the type or number of goods or to cancel the order.

8.3 By confirming the Goods selected in the basket and the method of payment, via the "Confirm Order" button and after receiving confirmation from the Administrator, the order shall be deemed completed and the Distance Purchase Agreement shall become effective.

8.4 All orders for Goods are subject to availability and manufacturability. In this respect, if difficulties arise in the supply of Goods or if they are no longer available, the Administrator reserves the right to provide information on substitute Goods of the same or higher quality and value which can be ordered. If the User does not want replacement Goods, the Administrator will refund the amount paid for the unfulfilled order.

9. Prices. Payment

9.1 The prices of the Goods offered are in Bulgarian levs, inclusive of all taxes and charges, and AUTO-CART Racing Ltd reserves the right, without prior notice, to change them at its sole discretion.

9.2 The prices of the Goods shall be valid until the date stated on the Website or until subsequently changed at the sole discretion of the Administrator.

9.3 The amount payable by the User for each order, including all costs associated with the purchase and delivery of the order, shall be stated before the order is confirmed.

9.4 The methods of payment shall be determined in these Terms and Conditions and by the information provided to the User on the Administrator's Website. The User freely chooses one of the following payment methods: - (a) by bank transfer; (b) by cash on delivery; (c) by Paypal; (d) by bank transfer.

9.5 In case of payment by credit/debit card, when the User finalizes the order, the User confirms that the credit/debit card is his/her own. Credit/debit cards are subject to verification and authorization by the entity issuing the card. If the legal entity does not authorize payment, the Administrator shall not be liable for any delay or failure to deliver. In the event that the amounts debited/refunded to Users' bank account are different from the price shown on the purchase/refund amount confirmed, they should contact the bank where their bank account is located to obtain further information on the bank charges or exchange rates associated with such transaction.

9.6 In the case of payment by cash on delivery, the value of the order (the sum of the price of the Goods purchased plus the cost of delivery) shall be paid to the courier on delivery.

9.7 When paying by Paypal, the system automatically redirects Users to Paypal's system server. Paypal's account data is processed solely on their systems and the Administrator does not have or have access to this data and does not store or process it.

9.8. When paying by bank transfer, the User will receive bank transfer details after order confirmation. The Administrator will process the order once the transfer has been received in the account.

10. Delivery

10.1 Delivery of the Goods shall be made through a courier company specified on the Website. The cost of delivery shall be determined by the courier company.

10.2 Orders shall be delivered within 14 working days after receipt of the order and order confirmation. The delivery period may be extended in the event of unforeseen circumstances beyond the reasonable control of the Administrator.

10.3 For the purposes of these Terms and Conditions, "delivery" shall be deemed to have been made and the Goods shall be deemed to have been "delivered" as soon as the User or a third party authorised by the User takes possession of the Goods, which shall be evidenced by the signing of a document acknowledging receipt of the order at the delivery address specified by the User.

V. User Profile

11. The User may register by completing the relevant electronic registration form available on the Website, HERE. The existence of a User Profile is a prerequisite for placing orders for Goods in the e-Shop.

12. For successful registration, the User must complete all mandatory fields in the registration form, being responsible for the accuracy, timeliness and correctness of the data provided. Before creating an account, the User should familiarize themselves with these Terms and Conditions and the Privacy Policy. By clicking the "Register an Account" button, the User declares that he/she is aware of these GTC and the Privacy Policy and accepts them unconditionally, as well as that he/she is 18 years of age or older, has the capacity to enter into distance contracts and accepts responsibility for all actions and/or omissions related to the use of his/her profile on the Website.

13. When creating an account, a User may not: (a) use another person's email address or username with the intent to impersonate that person, (b) use a name that is subject to another person's rights without permission, (c) use an email address or username that is obscene, offensive or otherwise inappropriate.

14. The Administrator may delete any account, delete all registration information and any other information that a User has provided through the Website (User Content), at any time without notice due to violations of these TOS or provisions of applicable law. Administrator shall not be liable for any damages or losses resulting from the removal of User Content from the Website and/or Services. Users may delete their accounts at any time. The Administrator reserves the right to temporarily or permanently restrict or block access to the Website and/or the Services to any Users upon a showing of good cause.

15. The Administrator shall not be liable for any loss or damage arising from a User's failure to maintain the confidentiality of their password.

VI. Rights and Obligations of Users

16. The User shall:

16.1 To use the Services and resources offered on the Website lawfully, in accordance with their intended use and in accordance with these GTC and to provide true information about himself/herself, not to impersonate another person, not to create user profiles by automated means or otherwise attempt to deceive others about his/her identity when making communications through the Website. The User must immediately notify the Administrator of any unauthorized use of his or her account.

16.2 To access the Services and resources of the Website through the technologies and tools provided by the Administrator, implemented through their normal functionality on the Website.

16.3 Not to use, reproduce copy or distribute, in whole or in part, the Website and/or the content published on it for any purpose (commercial or non-commercial) beyond those expressly set out in the TOS.

16.4 To keep itself informed of changes to the Website, the Services and other resources in accordance with the information published on the Website about such changes.

16.5 Not to use the Administrator's trademark or infringe any other intellectual property rights of the Administrator or any third party.

17. The User has the right to:

17.1 To lawfully use the Website and all services for the purposes and within the limits of these GTC.

17.2 To create a user profile in accordance with the requirements of these GTC and to make subsequent changes to it.

17.3 To discontinue use of the Services and the Website at any time, at its sole discretion and will, and to request deletion of its profile.

17.4 To freely choose whether or not to pay for the Goods purchased by one of the methods set out on the Website.

17.5 To return the purchased Good(s) subject to the terms of clause 18.

18. Right of withdrawal and return

18.1 The User shall have the right to return any Goods purchased, without compensation or penalty and without assigning any reason, within 14 days from the date of receipt of the Goods. A mandatory condition for exercising the right of withdrawal from the distance selling contract is the prior notification of the Administrator by the User within the said 14-day period. The right of withdrawal is exercised through the return of goods functionality on the Website. Log in to the "My Orders" section; click on the relevant order; select the products you wish to return; describe the reasons for the return; and click on the button "Send return request". The Administrator sends the User a confirmation of receipt of the return request. The right of return may not be exercised for goods that are custom-made for the User.

18.2 The period for exercising the right of return for Goods purchased shall expire after 14 days from the day on which the User or a person authorised by the User takes physical possession of the Goods or, in the case of multiple Goods in one order delivered separately, the period shall expire after 14 days from the day on which the last Good of an order is received.

18.3 Having exercised its right under the preceding clause, the User shall return the Goods to the Administrator within 14 days of the date on which the Administrator is notified of the refusal. The User shall pay only the direct costs of returning the Goods

18.4 Returned Goods must meet the following mandatory conditions:

(a) They must be in their original packaging and their commercial appearance must not have been compromised (torn packaging, labels removed, missing parts, etc.).

(b) Not used.

(c) Be accompanied by all documents accompanying the delivery and the goods, including but not limited to a receipt or invoice, instructions for use, warranty card, etc.

18.5 The User agrees that the Controller shall refund the value of the Goods refused including the cost of delivery within 14 days of the date on which the User is notified of the decision to cancel the Contract using the same means of payment used by the User in the original transaction, unless the User has expressly agreed to the use of another means of payment and provided that this is at no cost to the User;

19. Complaints

19.1 Goods must be inspected by the User at the time of receipt. Insubstantial differences in colour, size and appearance compared to the photograph of the Goods on the Website shall not be considered as defects. Acceptance of Goods on delivery means that they have been inspected by the User and accepted without objection as to defects or condition.

19.2 Complaints about Goods purchased will be considered valid in the following cases:

(a) In the case of Goods which are defective or of an impaired merchantable condition, the Consumer shall be entitled to a replacement of the Goods. The Administrator undertakes to replace the defective Goods with new Goods at its own expense. In the event that replacement is not possible, the Administrator shall inform the User within a reasonable time and refund the amount paid by bank transfer, including the return shipping costs.

(b) The delivered goods are different from the ordered goods. In such cases the procedure under (a) shall apply.

Claims for goods which have been used for other than their normal purpose, or which have been used or transported in an inappropriate manner, or which have been repaired by the User or by a third party, or which have been damaged as a result of negligence on the part of the User or failure to comply with the manufacturer's instructions, directions and advice for the use of the goods shall not be accepted.

19.3 Consumers shall have the right to make a claim in the event of non-conformity of a purchased product with the sales contract to bring the consumer goods into conformity with the sales contract in accordance with Articles 112-115 of the CPA within 2 years from the date of receipt of the goods. Upon receipt of a product with factory defects or with hidden defects that cannot be noticed by ordinary examination upon receipt of the product, the Consumer shall have the right to exchange it with another product of the same type or with another similar product. The claim must be made within 14 days from the date of receipt of the product. The Administrator undertakes to replace the defective Product with another, at its own expense. In the event that it fails to replace the defective Goods or to bring the Goods into conformity with the contract of sale, the Administrator undertakes to notify the User thereof within a reasonable time and to refund the amount paid by bank transfer. Reimbursement of the costs of returning products is applicable in case of justified and approved complaints.

20. Commercial guarantee

All Goods have a commercial guarantee within the statutory warranty period for the relevant Goods. The Administrator undertakes to replace any advertised defective Goods with another, at its own expense. In the event that it fails to replace a defective Good or to bring the Goods into conformity with the contract of sale, the Administrator undertakes to notify the User thereof within a reasonable time and to refund by bank transfer the amount paid.

21. Liability of the User

The User is responsible for his choice of goods from the e-Shop and services on the Website and for their conformity with his expectations. Use of the Website and Services is at the User's own risk and you accept full responsibility for all costs associated with the use of the Website. If there is any doubt about the quality of the Goods or the content or reliability of the Website and Services, the User must not use the Services or any part of the Website. In all other cases, if despite such doubts or reservations the User continues to use the Services or the Website, the User shall be solely responsible for such decision.

IX. Rights and Responsibility of the Administrator

22. The Administrator shall not be liable for:

22.1 The quality, reliability, punctuality and performance of the connected services provided by other persons and organisations in connection with the operation of the internet, social networking, hosting and other services, in the event of traffic interruptions due to causes for which the ISP or persons providing connected and other services accessible through the Website are responsible;

22.2 The quality of the Services for the use of faulty technical means, devices and/or incorrectly configured software by the User or for any direct, indirect, specific, incidental or other damages related to the use of software programs installed on the User's computer;

22.3 Damage caused by inaccurate, unreliable, misleading or deceptive information and/or data published by advertisers or other information sources on the Website.

22.4 Damages to the User from lost profits.

22.5 The Administrator does not control and is not responsible for the quality of services of third parties and parties in connection with the sale, payment and delivery of Goods ordered through the Website, nor does it guarantee the User's satisfaction with the Goods selected.

22.6 The Administrator shall not be liable for any delay in delivery due to causes beyond its control. Delivery times are indicative, are dependent on the Administrator's stock and may be extended if necessary.

23. The Administrator is entitled to:

23.1 At any time, at its sole discretion, make changes to the Services and the Website in connection with the maintenance, development and/or improvement of the quality of the Services provided by it, and to extend the scope of the Services, without written notice to Users and without liability.

23. 2 To block a User's access to the Website in the event of a breach of these T&C, the Privacy Policy and any other written terms and conditions which form an integral part of the T&C, including but not limited to any act committed, attempted or actually threatened to be committed by the User or persons using their account, unlawful acts, or acts that threaten the security and functioning of the Services and/or the Website, or affect the legitimate interests of Users, the Administrator or its partners, contractors and other affiliates, or to protect other important public interest.

23.3 In order to improve the quality of the Services, when performing maintenance, troubleshooting, updating information and other related activities, the Administrator may temporarily limit or suspend the provision of the Services. 

23.4 The Controller reserves the right to seek, by all lawful means permitted, remedy and compensation for breaches or alleged breaches of the Terms and Conditions, the Privacy Policy and other written terms and conditions which form an integral part of these T&C.

23.5 At any time, in its sole discretion, update or make changes to the prices of the Goods Services on the Website and shall not owe Users prior notice of such changes and shall not be liable for any knowledge thereof. 

XI. Use of the Website and Services

24. Permitted Use

When using this Website and any Services provided on this Website, Users must: (a) Use this Website to make only legally valid enquiries and orders. (b) Not place any false or fraudulent orders. If there is any indication that such an order has been placed, We have the right to cancel it and inform the relevant authorities. (c) Provide their email address, postal address and/or other details truthfully and accurately. Users agree that We may use this information to contact them in connection with an order or services if necessary.

25. Unauthorized Use

It is prohibited for any User to do any of the following: Copying, adapting, reverse engineering, modifying, creating derivative works of the software on the Website, including but not limited to Flash, PHP, HTML, JavaScript, Java Appletsor other code and/or programming resources; the circumvention, removal, manipulation of any security features and the measures and technical means in place to protect the Services and the Website from unauthorized access, hacking and other malicious attacks and damaging actions, including but not limited to any actions, that have the purpose or effect of blocking access to the Services and/or the Website, uploading and distributing illegal content, destroying in whole or in part the functionality of the Services and the Website, or stealing or losing data from the Services and Website resources.

In addition to other prohibitions set forth in these Terms, Users are prohibited from using the Website or its content:

(a) for any unlawful purpose or to solicit others to commit or engage in unlawful acts; (c) contrary to international, European or governmental regulations, rules, laws or local ordinances; (d) in any way infringe the Administrator's intellectual property rights or the intellectual property rights of third parties; or (f) by presenting false or misleading information; (g) by uploading or transmitting viruses or any other type of malicious code that will or may be used in a manner that will interfere with the functionality or operation of the Services or any linked website or other websites; (h) to collect or track the personal information of other Users or third parties; (i) to engage in any spamming, phishing, scraping/scraping; (j) to engage in any obscene or immoral conduct; or (k) to interfere with or circumvent the security features of the Website, the Services or any linked websites.

We reserve the right to terminate/suspend your use of the Website, the Services or any linked websites for violation of any of the prohibitions set forth in these Terms.

XII. Intellectual Property

26. The interface, content and layout of the Website, including, but not limited to, the Administrator's trademark and logo, design, text, graphics, images, buttons, user interface, databases and content, and any combination of the foregoing intellectual property objects are the property of the Administrator or its licensors, unless otherwise stated, which are protected from copying, imitation, distribution, creation of derivative works and other uses under Bulgarian law and international law. By visiting and/or using the Website, the User does not acquire or obtain, by implication or otherwise, any license or right to use any copyrighted or other intellectual property protected items visible on the Website in any manner not expressly permitted by these TOS.

We respect copyright and other intellectual property rights and do not tolerate their infringement. If you believe that the Website, the Services or any content on the Website, including any Content, infringes any copyright or other intellectual property right, you may report the infringement through the means of contacting Us.

XIII. Supervisor. Alternative Dispute Resolution

27. The supervisory authority for the protection of consumer rights in Bulgaria is the Commission for Consumer Protection with its address at 1000. 02/933 056 and tel. 02/9884218 and consumer telephone number: 0700 111 22, website: www.kzp.bg.

28. In case of disputes concerning obligations arising from online sales contracts, where no agreement has been reached, you may refer the dispute to the Alternative Dispute Resolution (ADR) bodies under the terms and conditions of Article 181a et seq. of the Consumer Disputes Act. Further information on alternative dispute resolution for consumer disputes can be found on the website of the Commission for Consumer Protection at https://kzp.bg and on the online dispute resolution platform ADR .

XIV. Applicable law

29. The provisions of the Bulgarian legislation in force shall apply to the matters not covered by these GTC. Disputes relating to the use of the Website and the Services and resources provided on the Website that cannot be resolved by negotiation by mutual agreement or through an ADR body shall be referred to the competent Bulgarian court for review and resolution.

Effective 24.04.2019.