GENERAL CONDITIONS Applicable to the website of “Colibri” Ltd. (www.colibri.bg)

PREAMBLE – the definitions set forth are used in the present General conditions within the following meaning:

1. “Colibri” Ltd. is a private limited liability company, registered under the Commercial act of Republic of Bulgaria, having its seat and registered office in the city of Sofia, 36 “Ivan Vazov” street, PIN: 040780729, VAT number: BG040780729, pursuing activity as publishing house with main purpose of economic activity - publishing of books. Within the context of the present General conditions “Colibri” Ltd. acts as a “Trader”, i.e. a legal entity, which sells or offers for sale goods, provides services or concludes contracts with consumers as  part of its commercial or professional activity in the public or private sector or any other person, who is authorized to act on behalf of and for the Traders’ account, as well as legal entity which acts in its capacity of “Producer”, i.e. a legal entity, who affixes its name or registered name, its production sign or other distinguishing abbreviation to the good, to its packaging or to the technical or business documentation of the good.

Contact details of “Colibri” Ltd. are as follows: Sofia, 36 Ivan Vazov str., Telephone: +359 2 987 48 10

2. “Consumer” – any individual and legal entity, as well as any corporate or unincorporated body, who accesses the website and exploits the goods, offered by “Colibri” Ltd., including consumers who fall under the protection of the Consumer protection Act (CPA).

3. “Consumer under the protection of the CPA” is any individual, who acquires goods or uses services that are not intended for use in his/her commercial or professional activity, as well as any individual in its capacity of a party to contract, ruled by the CPA, who acts outside the scope of his/her trade or profession.

4. “Registered consumer” – a consumer who has performed registration on the “Colibri” Ltd.’s website, according to the established procedure that allows the Consumer to obtain additional right to request purchase of books from the virtual bookstore of the Company.

5. “Package” means containers and any other appliances or materials, which are suitable to hold and to preserve different goods, offered directly to consumers.

6. “Purchase price” means the final inclusive price per unit or certain quantity of goods, which incorporates VAT and all additional duties and taxes whatsoever.

7. “Price per unit” means the final inclusive price per unit of the offered good, which incorporates VAT and all additional duties and taxes.

8. “Good”/”Product” within the context of the present General conditions means a book, including dictionaries, academic literature and electronic books.

9. “Call for purchase” means commercial communication, which announces in proper manner, according to the instrument, used for distribution of the commercial communication, both characteristics of goods and their prices and which allows the consumer to make a purchase.

10. “Sales contract“  means a contract, by virtue of which the trader transfers or undertakes to transfer the title of goods to consumer, and the consumer pays or undertakes to pay their purchase price to the trader, including contracts simultaneously subjected to goods and services.

11. “Digital content” means data, which have been generated and delivered in digital form, such as computer games, antivirus software, applications, films, music, texts, electronic books, newspapers, magazines, software or online games, data bases, gambling internet sites and etc., regardless if data are accessible through download or real-time transmission, supported by tangible medium or other device whatsoever.

12. “Means of distance communication” means any ways and means, which allow contracts to be concluded between trader and consumer without the need of simultaneous physical presence of the parties, such as addressed or unaddressed printed materials, standard letter, advertisement in the press along with supported order ration, catalogue, telephone (with or without human attendance), radio, television, video telephone, video texting, “sms” message, computer, electronic mailbox, internet, fax, order through mail post.

13. “General conditions” – means the present document which constitutes an “electronic document” within the meaning of the Electronic document and electronic signature act, that represents an electronic statement, recorded on magnetic, optic or other medium and which allows the statement to be reproduced.    

14. “Website” / ”Site” – under this notion it is understood the website of “Colibri” Ltd., accessible on the following web address: www.colibri.bg.

 15. “Password” means a code, chosen by the Consumer consisted of letters and/or numbers, which along with the username identify the consumer and provide the latter with the opportunity to execute valid requests for purchase of the goods that are offered through the Virtual bookstore of “Colibri” Ltd., accessible at www.colibri.bg.

16. “Processing of personal data” means every action or combination of actions, which can be performed with regard to personal data through automatic or other devices, such as collection, recording, organizing, storage, adaptation or modification, recovery, consulting, use, disclosure through transmission, distribution, consignment, updating or combining, blocking, obliteration or destruction.

17. “Personal data transfer” means actions related to entire or partial transmission of personal data from one administrator to another or to third person on the territory of the country or abroad.

18. “Consumer content” means any video material, image, text, photographs, multimedia content, data bases, software or other material which consumer locates on a Server of the Company in order to be accessible through the “Colibri” Ltd.’s website for all other consumers.

SUBJECT MATTER TO THE GENERAL TERMS AND CONDITIONS

1. The present General conditions regulate the terms and procedure for supply of goods from “Colibri” Ltd., offered through the website of the Company (www.colibri.bg), subject to strict compliance on behalf of consumer with the requirements set forth herein.

2. “Colibri” Ltd. is not liable for any disturbances or technical problems, which prevent the supply of goods due to exploitation of Consumer’s computer equipment.

3. “Colibri” Ltd. undertakes to inform the Consumer in case of amendments of the General conditions through notification about the changes which is prominently published on the site: www.colibri.bg along with the updated text of the amendments.

4. By acceptance of the present General conditions, the Consumer agrees to observe the General conditions in the version, which has been published on the site of “Colibri” Ltd. at the moment of the acceptance.

INTELLECTUAL PROPERTY RIGHTS

1. Consumer is not allowed to copy, transfer, distribute, collect or to use anyhow part of or the entire Content, accessible on the site: www.colibri.bg by any mean or in any form without prior written consent of “Colibri” Ltd.;

2. Consumer is not allowed to use the website to send or to distribute any materials whatsoever that consist of unlawful, threatening, erroneous, misleading, abusive, mishandled, disgraceful, defamed, vulgar, indecent, scandal, inciting, pornographic or religiously improper content, or any other materials whatsoever, which settle or encourage behavior, that would be considered as crime, would lead to civil or criminal liability or would infringe the law anyhow.

3. The entire content of the website http://www.colibri.bg/, including the text segment, drawings, graphics, photographs, data bases, design, video, trademarks, software, logos, slogans and other information, constitutes copyrighted work within the meaning of the Copyright and related rights act which belongs to “Colibri” Ltd. and/or their partners, customers or to consumers, who have granted for publishing the relevant materials.

4. Any partial or entire use, reproduction, modification, public manifestation, etc. of the website content without prior written consent of “Colibri” Ltd., their customers, partners and/or of consumers, who had granted for publishing the relevant materials, are forbidden and any infringement will be prosecuted according to relevant procedure provided by law through all lawful means.

5. Consumer grants “Colibri” Ltd. the right to use reproduce, record, collect; publicly distribute for the needs of and in connection with the supply of goods, subject to the present General conditions any material, posted by the consumer on the “Colibri” Ltd.’s site that could be considered as “consumer content”.

6. Consumer hereby declares that he/she owns the copyright or other intellectual property rights, or disposes with the right to use the relevant material as consumer content in the way, outlined herein, as consumer has obtained such right pursuant to contractual or other legal ground, as well as that publishing of such content on the webpages of www.colibri.bg and its use in conformity with the present General conditions does not infringe any rights of third persons whatsoever.

WEBSITE USE. REGISTRATION

1. Access to goods, offered by “Colibri” Ltd. is obtained through registration on the site www.colibri.bg.

2. In the course of registration, consumers fulfill online request, where they enter the following information: First and family name, electronic mail and password.

3. In order to use the Virtual bookstore colibri.bg, the Consumer undertakes to provide correct, accurate and updated information about him/herself while fulfilling the registration form. “Colibri” Ltd. is not liable for incorrect data provided by the Consumer in the further processing and execution of the request.

4. Consumer receives the requested username (in case it has not been already used by a registered consumer) and password for access to all goods of colibri.bg, after the registration procedure has been completed. Consumers receive explicit confirmation through electronic notification for their successful registration.

5. In case of loss (forgetting) of the password or username and upon explicit request on behalf of the Consumer, “Colibri” Ltd. engages to send a new one to electronic address, personally specified by the Consumer.

6. With a view to security and protection of their consumers, “Colibri” Ltd. notifies the parents, that the offered products are intended for mass audience. In this context, parents are entirely responsible to select the products which are proper for use by their children.

7. “Colibri” Ltd. is not liable for bad-timing, deleting, lack of possibility to be delivered or saved consumer’s personal settings, as well as for any damage and loss of profit incurred by consumer as consequence of, as a result of or due to running out of products, including to impediment to use the website because of technical problems, preventive maintenance and etc.

8. “Colibri” Ltd. is not liable for any damage or loss whatsoever, derived from failure to observe the rules of the present section.

PERSONAL DATA PROTECTION

1. Information through which Consumer could be identified may include: name, e-mail address, profession, date of birth, personal interests, postal address, permanent address, telephone number, as any other information, which the Consumer grants voluntarily when buying goods from “Colibri” Ltd.

 2. “Colibri” Ltd. observes personal data protection policy in course of distribution of their products, acting as personal data administrator, registered within the Commission for personal data protection.

3. Consumer has right to access, correction and change of his/her own personal data, which he/she has filed in the course of registration on the site www.colibri.bg or which has become known to consumer through use of the Virtual bookstore of the site. In case of change of the registered data, the consumer should update the data within 7 working days, otherwise “Colibri” Ltd. is not liable for fulfillment of an order, made under inaccurate or outdated registration data. 

4. By acceptance of the present conditions, Consumers, who have registered username and password, explicitly consent to processing of their Personal data (including chosen username and password) by person, processing personal data in “Colibri” Ltd., as well as to the use of these data for the purposes of direct marketing. “Colibri” Ltd. explicitly informs that personal data provided by the Consumer are not distributed to third persons for advertising or promotional purposes.

5. By acceptance of the present General conditions, Consumer is considered to be informed under the meaning of article 34a, section 1, point 3 of the Personal data protection act about the possibility his/her personal data to be disclosed to third persons with respect to the provisions laid down by the legislation in force.

6. “Colibri” Ltd. applies due diligence for collection, processing and storage of Consumers’ personal data. In the course of collection, processing and storage of personal data, “Colibri” Ltd strictly observes the Bulgarian legislation and operates reliably to the provided consumers’ personal data.

7. Access to and use of social networks by consumers -  Facebook, Tweeter, YouTube, Google +, Instagram and others, require separate registration and acceptance of the general conditions of the relevant internet pages and “Colibri” Ltd. is not liable for personal data protection when the conditions of these sites had been accepted by consumers.

PRICES

1. “Colibri” Ltd. is entitled to announce book discounts for certain period of time where such discounts shall be designated as follows: by putting the new price right next to the old price, which shall be crossed out; or by the use of the collocations “new price” and “old price”, followed by the relevant amounts; or by indicating the percentage of the discount where the new price shall be put next to the old one, which had been crossed out.

2. Besides the discounts under point 1 of the present section “Colibri” Ltd. is entitled to change the prices by their own initiative without prior notification to Consumers, in cases when a new price was adopted for the relevant book.

3. Consumer is obliged to pay the price, which had been designated on the website at the moment the order was completed, regardless this price is lower or higher than the price subsequently modified.

4. In case of technical errors in the information, filed for consumer in the Virtual bookstore, “Colibri” Ltd. is entitled to deny fulfillment of an order and “Colibri” Ltd. is not indebted for any damages whatsoever to consumer, but to refund payments that have been paid or deposited, if such exist.

SHIPPING

1. “Colibri” Ltd. delivers their products on the territory of Bulgaria (the country) and abroad.

2. Shipping within the country’s territory is performed by courier and is fulfilled within 3 working days.

3. Shipping abroad is performed by “Bulgarian posts” single-member JSC and it takes approximately 10 to 40 working days to be fulfilled, depending on the destination. The deliverer “Bulgarian posts” single-member JSC does not specify any deadlines for shipping, and thus “Colibri” Ltd. is not bound by any specific shipping timelines, too.

4. Shipping by courier on the territory of Republic of Bulgaria is free of charge. The cross-border shipping price is calculated automatically according to the entire weight of the order and in compliance with the established shipping prices of “Bulgarian posts” single-member JSC, which are accessible on the following electronic address: http://www.bgpost.bg/bg/337. Orders, performed by Bulgarian posts cannot be traced. The maximum weight amount of order abroad is up to 5 kg. Transport costs are borne by the customer.

5. Shipping is performed in a way upon Consumer’s choice and within the dead-lines outlined in p. 2 and p. 3 of the present section.

6. “Colibri” Ltd. keeps the right to extend the above mentioned dead-lines up to 7 days, without prior notification to the Consumer, and to extend them over 7 days with prior approval on behalf of the Consumer.

7. “Colibri” Ltd. kepps the right to change the person, performing the shipping, without prior notification to the Consumer when the price, the deadline and the way of shipping are not changed.

8. In case the Consumer has not been found within the shipping deadline on the provided address or there has had no access and no conditions for the delivery of the good within this deadline, “Colibri” Ltd. is considered free from their obligation to deliver the requested good. In this case, the Consumer is entitled to reconfirm the request where all shipping costs are borne by him/her. As of the moment of the confirmation according to the previous statement, new shipping deadline commences respectively.

METHODS OF PAYMENT

1. In case of cash payment of the requested goods, the Consumer undertakes to hand in a lump sum equal to the amount of the order to a representative of “Colibri” Ltd. or to the person performing the shipping.

2. In case of bank transfer in Bulgarian levs, the Consumer remits an amount equal to the amount of the requested order to the bank account of “Colibri” Ltd. where after the payment is being confirmed, the shipping is performed. In the details of payment it is needed to quote the reference number of the order. All taxes and commissions are borne by the customer.

3. In case of a bank transfer in Euro, the Consumer remits an amount equal to the amount of the requested order to the bank account of “Colibri” Ltd. where after the payment is being confirmed, the shipping is performed. In the details of payment it is needed to quote the reference number of the order. All taxes and commissions are borne by the customer.

CANCELATION. WITHDRAWAL. RETURN OF GOOD

1. Within 24 hours after the order has been completed and in case the good has not yet left the warehouse/trade fairy of “Colibri” Ltd., the consumer has the right to annul the order. The annulment needs to be executed on the following e-mail: jpopov@colibri.bg. In the course of annulment, the consumer indicates: name, number and date of the order, description of the good.

2. Consumer who falls under the protection of the CPA is entitled to withdraw from one or more of the requested goods without notifying a reason where no damages or forfeit are due and without payment of other costs, within 14 days as of the date of the receipt of the goods, pursuant to the conditions set forth in art. 50 from the Consumers protection act.

3. In case of submitting a withdraw under p. 2 of the present section, the Consumer who falls under the protection of the CPA is obliged to pay only the costs incurred under art. 54, section 3 and art. 55 of the Consumers protection act.

4. Withdraw from order needs to be executed on the e-mail jpopov@colibri.bg. In order to exercise his/her right to withdraw, the consumer may use the standard form for withdrawal, reachable on the website of “Colibri” Ltd. In such case, “Colibri” Ltd. sends to the consumer who falls under the protection of Consumers protection act acknowledgment of the receipt of the withdrawal.

5. When the right to withdraw has been exercised the consumer has to send or to hand in the goods back to “Colibri” Ltd. or to person authorized by “Colibri” Ltd. in proper commercial condition without reasonable delay and no later than 14 days, as of the date when the consumer who falls under the protection of Consumers protection act has notified “Colibri” Ltd. his/her decision to withdraw from the contract.

6. Dead-line is considered kept if the consumer sends or hand in the goods back to the trader before the 14-day dead-line has expired. Return costs are borne by the consumer, who falls under the protection of Consumers protection act.

7. When consumer, who falls under the protection of Consumers protection act has exercised the right to withdraw, “Colibri” Ltd. refunds all sums, received from the consumer without unreasonable delay no later than 14 days as of date they were notified for the withdrawal decision according to p. 2 of the present section.

8. Consumer is entitled to refuse the receipt of requested good when: the delivered good manifestly does not correspond to the requested order which could be ascertained by ordinary examination of the good; and/or during transportation the good or its package has been damaged; and/or the price which the consumer is supposed to pay differs from the amount due.

9. In case of ascertainment of faulty article, the Consumer is obliged to examine the content of the package at the moment of the receipt in order to check if it corresponds to the requested order. If impairment of the good’s appearance is ascertained, the consumer should refer to the courier who is obliged to complete a certified delivery damage report. 

10. In cases set forth in p. 8 and p. 9 of the present section, “Colibri” Ltd. undertakes to substitute the relevant good with new one within 7 days, and in case there is no available item of the same good “Colibri” Ltd. refunds entirely the amount paid for the good within 14 days as of completion of the procedures under p. 8 and p. 9 of the present section. Delivery costs in this case are borne by “Colibri” Ltd.

OTHERS

1. “Colibri” Ltd. is entitled to change the technology and the design of offered goods without prior notification.

2. “Colibri” Ltd. keeps the right to send to their customers messages – invitations for purchase, related to new goods and services or to changes of conditions and methods of use of the present services.

3. “Colibri” Ltd. does not declare that the materials and services on this Site are proper or reachable outside the Bulgarian territory and respectively, the access to the Site from such territories where the content is considered illegal, is not permitted.

4. “Colibri” Ltd. is not liable in case the Consumer has not read the last version of the present conditions.

LIABILITY

1. “Colibri” Ltd. aims to support updated information from sources, they consider credible, but “Colibri” Ltd. does not guarantee that these sources are such, as well as that the page contains no mistakes and that the access to the page is ceaseless.

2. “Colibri” Ltd. does not confirm and is not liable neither for the information, contained in websites to which hyperlinks lead, nor is for products, services and etc. within those websites.

3. “Colibri” Ltd. does not examine the content of materials, provided and/or sent from consumers to “Colibri” Ltd.’s website and thus is not liable for such content. “Colibri” Ltd. may at any time, upon their own discretion, remove any material, sent from consumers.

4. “Colibri” Ltd. is not liable for quality and condition of internet links, as well as for good working order of devices which support them, from custom computer to the server where the website is based.

5. “Colibri” Ltd. is not liable for any losses – direct, indirect or subsequent damage, loss of profits, derived from or related to Your access to use the website.

LINKS TO THIRD PERSONS’ WEBSITES

1. The website may contain links to websites, which are owned by or which are being administered by third persons and not by “Colibri” Ltd. These links are provided only for Your convenience. “Colibri” Ltd. has no control and is not liable for content, personal data protection policies or safety of such websites.

APPLICABLE LAW

1. For any matters whatsoever not regulated by the present conditions the rules of the Bulgarian legislation in force apply.

2. Any disputes, related to these Conditions, which the parties have not succeeded to resolve through negotiations and by mutual consent, will be referred to the relevant Bulgarian courts.

3. Form in writing is considered to be kept by sending message to electronic mail, by pushing electronic button on the Internet page containing fields to be fulfilled or chosen by the Consumer or by checking a field box (check box) on the website of „Colibry” Ltd., by choosing an electronic reference and etc., as far as the statement is recorded in a technical manner that allows the statement to be reproduced.

 

The present General Conditions of “Colibri” Ltd. enter into force as of the date of their publishing and are accessible on the official site of the publishing house on the following web address: www.colibri.bg

Colibri Publishers
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