I. GENERAL PROVISIONS
1. This document contains General provisions under which the company "TRUCK PARTS AND SERVICE" Ltd., hereinafter referred to as the TRADER provides services to its Customers (Clients) via the online shop http://tpsgarage.com/. These provisions apply to all customers. Pressing any button on the website, the user / customer agrees, fully accepts and undertakes to comply with these General provisions.
2. Identification of a user/client with the aim of reproducing his statement for both acceptance of the Provision and for an order made by him is carried out through files stored in the log on the server of http://tpsgarage.com/, saving the IP address of the user/client, as well as any other information.
3. The products that are available on the website http://tpsgarage.com/ do not constitute a legally binding offer, but are rather a demonstrative online catalogue describing the trader's product range.
4. After clicking the "finalize the order" button, the User agrees to buy the goods contained in the "cart" and to pay them in the manner/method preferred. This action is legally binding. After order finalization, the User shall receive an automatically generated e-mail containing a link for order confirmation and clicking on the link, it is deemed that the said confirmation has been confirmed. Receiving the previously mentioned e-mail also means conclusion of a contract. After the TRADER receives the e-confirmation for the order in question, it proceeds to its implementation. If up to 3 days as from placing the order the TRADER hasn't received a confirmation by the User, the TRADER may approach him on the phone or otherwise for clarification or at its discretion to implement it or to refuse it.
5. The TRADER reserves the right to refuse delivery of a confirmed order if the goods are not available. In the absence of a stock of the goods ordered, within the working week the TRADER shall inform the consumer/client of the goods exhaustion by sending a message to an e-mail address specified by the customer or contacting him on his telephone number. If a money transfer has already been made to the account of the TRADER, the customer shall choose among a refund, cancellation of the order or a replacement order.
6. The contractual language is Bulgarian. A correct translation of all documents as far as possible, has been posted on the website http://tpsgarage.com/, depending on the different language versions that are supported by the website http://tpsgarage.com/. Payments will be made in Bulgarian Lev or Euro.
7. TPS / Truck parts end service/ is a registered trademark.
8. For each registered customer prices shall be determined individually, depending on the type of its business, the potential for volume of purchases, etc., at the discretion of the TRADER or by agreement between the parties.
9. The TRADER is not the owner of trademarks and/or original reference numbers of products other than those of TPS (Truck parts and service), if such are shown on http://tpsgarage.com/, as well as the TRADER has not been in commercial relations for representation with their owners, except unless explicitly otherwise stated. Other trademarks and/or original numbers of products, pictures and/or other information that may have been shown only as a reference to facilitate the consumer / client in determining the application of alternative products offered by the trader. The TRADER declares that if on http://tpsgarage.com/ there have been shown trademarks different from TPS (Truck parts and service), thus they are the property of their owners.
10. All texts, design etc. shown on the website are owned by the TRADER. Copying or using information from the website, except for personal use in order to determine goods the TRADER's nomenclature will be considered intellectual property theft and will be prosecuted according to law.
II. WARRANTY TERMS
11. The TRADER shall offer a warranty document to its customers for a purchased good, if such a document is provided by the manufacturer of the goods. The document contains: address and telephone number of authorized service centers for the purchased product, warranty conditions of the respective service centers or manufacturers, warranty term of the goods purchased by the user/customer. Warranty conditions and a form for filing a complaint are available on the link WARRANTY TERMS >> GUARANTEE PROTOCOL.
12. Prices of the goods listed on the website do not include transportation to an address specified by the customer. Delivery cost is calculated further and is added to the value of the goods on a separate line in the cart. If the goods are sent outside the Republic of Bulgaria, the user/customer must pay all customs and other charges related to export, if such are due within the territory of the country of destination of the goods. In cases where the system can not calculate the cost of transport, it can be added manually by the administrator of the website with the consent of the client.
13. All stated prices are VAT inclusive. Prices are determined by the trader individually for each registered user on the website www.tpsgarage.com, depending on the type of business of the customer, customer's potential for volume of purchases, at the discretion of the TRADER or through an agreement between the parties.
The "Highlights" category contains published products from the periodic newsletter of the TRADER. The prices of the products of this category are valid for all customers only for orders made through the website, and in case of orders made within the business premises of the TRADER only upon specific request by the customer. The Trader reserves the right to change published prices without notice after the expiry of the period stated in the newsletter, or in case of stock exhaustion.
Before finalization of each order, a list of the products that the customer may get free as a gift is visualized under the respective order. Typically, some of these items can be selected freely, and some of them might be locked. This occurs in direct proportion to the value of the order made by the Client, namely the value of the gift amounts to 2% (two percent) of the order total value. For orders with a very small value all items might be possibly locked. In order to get these locked products for free, the customer should place an order with a higher value. The limit value for customer's choice of free items is also displayed in the order. The value of the gift is non-cumulative and residual sums are non-refundable.
14. For goods to be sent outside the Republic of Bulgaria, it is possible to issue an export invoice without VAT charged. For this purpose the TRADER shall give its prior authorization to the user / client on the website http://tpsgarage.com/, for the issuance of export invoices without charging VAT.
IV. RIGHTS AND OBLIGATIONS OF THE USER / CUSTOMER
15. The user/customer has the opportunity to consider and after registration to order the goods advertised on its online store http://tpsgarage.com/.
16. The user/customer is entitled to obtain information on the status of his order.
17. The user/customer shall bear full responsibility for protecting his user name and password, as well as all for all acts performed by him or by a third party using the username and password. The user is obliged to immediately notify the TRADER of any case of unauthorized access using his username and password, as well as whenever there is a risk of such use.
18. The user is obliged to pay the price of his order according to the method announced on http://tpsgarage.com/.
19. Any person, whether a customer of the TRADER or not, is obliged when using the services:
• to not violate and respect the fundamental rights and freedoms of citizens and human rights under the Constitution and the laws of the Republic of Bulgaria and the recognized international acts;
• to not affect the reputation of others and to not call for a forcible change of the constitutional order, to commitment of a crime, to violence or to incitement of racial, national, ethnic or religious hatred;
• to not violate foreign material or immaterial, absolute or relative rights and interests, such as property right, intellectual property right etc.;
• to observe the Bulgarian legislation, applicable foreign laws, rules of morality and decency and netiquette when using the services provided by http://tpsgarage.com/;
• to forthwith notify the TRADER of any case of violation done or found in using the services provided;
• to not load, sent, transmitt, distribute or use in any way and to not disclose to third parties any software, computer programs, files, applications or other materials containing computer viruses, systems for unauthorized remote control ("Trojan Horses "), computer codes or materials designed to interrupt, hinder, distort or restrict the normal functioning of computer software or hardware or telecommunications equipment or such aiming at unauthorized penetration or access to foreign resources or software;
• to not perform malicious actions;
• to compensate the TRADER and any third parties for any damages and lost profits whatsoever, including for any and all costs and paid lawyer's fees incurred as a result of claims by and/or compensations paid to third parties in connection with websites, hyperlinks, materials or information that the user had used, placed on the server, sent, disseminated, made available to third parties or made available through http://tpsgarage.com/ in violation of the law, these General provisions, the good manners or the netiquette;
20. The Customer undertakes to indicate an accurate and valid phone number, shipping address and email address, to pay the price of the goods, to pay the costs of delivery, when delivery this is not free, as well as to provide access and opportunity to receive the goods. In case explicitly stated that a specific delivery is free, the latter is considered a paid service.
V. RIGHTS AND OBLIGATIONS OF THE TRADER
21. The TRADER does not assume obligation and objective ability to control the way consumers use the services provided.
22. The TRADER has the right but not the obligation to keep materials and information located on the server of http://tpsgarage.com/.
23. The TRADER may, at any time, without notifying the user/client when the latter uses the services in violation of these terms, as well as at the discretion of the TRADER, terminate, suspend or change the services provided in connection with the use of the website. The TRADER is not responsible to users and third parties for damages and lost profits incurred due to termination, suspension, modification or limitation of the services, deletion, modification, loss, inaccuracy or incompleteness of messages, materials or information transmitted used, recorded or made available through http://tpsgarage.com/. Obvious errors, such as typing, arithmetic, spelling and calculative errors are not binding for "Truck Parts End Service Ltd" and are not a reason for client filing a claim for compensation.
24. The TRADER after receipt of payment shall transfer to the user/client the ownership on the goods he ordered for purchase, to deliver in a timely manner the goods ordered for purchase, to check the technical state of each item before being sent (if this is possible, without compromising the integrity of the package).
25. The TRADER is not responsible for damages caused to the software, hardware or the telecommunications equipment, or for loss of data arising from materials or resources searched, loaded or used in any way by means of the services provided. Advices, consultations or assistance rendered by specialists and officers of the TRADER regarding the use of services by users shall not give rise to any responsibility or liability for the TRADER. The Company is not responsible in case of infidelity of the product information stated by the manufacturer.
26. The TRADER shall be entitled to collect and use information relating to its users/clients, whether they are registered or not.
27. The information in the preceding article may be used by the TRADER, except in case of an express disapproval of the User sent to the following e-mail address firstname.lastname@example.org. The TRADER collects and uses information to improve the services provided. All goals the TRADER will use the information for will be in accordance with Bulgarian law, applicable international acts and good morals.
28. The TRADER is not responsible for non-fulfilled obligations under this contract in case of occurrence of circumstances that the TRADER has not foreseen and that it was not obliged to foresee – including cases of random events, problems in the global Internet network and in the provision of services outside the TRADER's control.
29. The TRADER is entitled to install cookies on users' computers. Cookies are text files that are stored by the website on the user's hard drive and allow recovery of information about the Customer by identifying him and allow a follow-up of his actions, Internet pages viwebsited, hyper-links that he uses, information used and recorded, and the like.
VI. PERSONAL DATA
30. The TRADER guarantees its users/clients confidentiality of the information and personal data provided. The latter will not be used, provided or brought to the attention of third parties outside the cases and conditions set out in these Terms and Conditions. The TRADER shall protect the personal data of the user/customer that have become known when filling out the electronic form for making a purchase order, as this obligation shall cease if the Customer has provided false information. Subject to applicable law and the provisions of these Terms and Conditions, the TRADER may use customers' personal data only and solely for the purposes specified in the contract. Any other purposes which the personal information is provided for will be consistent with the Bulgarian legislation, the applicable international acts, Internet ethics, rules of morality and decency.
31. The TRADER shall not disclose any personal information about the Customer to third parties – government authorities, companies, individuals and others, unless with the express written consent of the Customer or when information is required by state organs or officials who, according to current legislation are entitled to demand and collect such information. The TRADER is obliged to provide the information required by virtue of the law.
32. The General provisions can be modified at any time by the TRADER which is also entitled to change the characteristics of the services provided and these General provisions and on the grounds of changes in legislation. The TRADER undertakes to inform the Customer about the changes in the General provisions, by publishing in a prominent place on its website a notice of their amendment and by giving sufficient time for familiarization with them. Within the given period if the User does not declare waive of the changes, the latter will be deemed bound by them. If the User declares within the given period his disagreement with the changes, then the TRADER may immediately suspend or terminate the provision of the services to the User.
33. "User/client/customer" means anyone who has viwebsited the website http://tpsgarage.com/ on his personal computer.
34. "Order" means the goods selected and all other attributes associated with the method of delivery and payment of the goods by the customer / user.
35. The Internet store http://tpsgarage.com/ is ownership of the TRADER.
36. All disputes between the parties shall be settled in a spirit of understanding and goodwill. If no agreement is reached, all outstanding disputes, including disputes arising from or relating to the interpretation, invalidity, performance or termination, as well as disputes about filling gaps in the contract or its adaptation to new circumstances will be resolved by the competent court of registration of the TRADER, according to the Bulgarian legislation.