General terms and conditions

General terms and conditions

of "Universal Express-2" Ltd.

GENERAL PROVISIONS

Art.1. These General Terms and Conditions govern the manner of sale of goods between "Universal Express-2" EOOD, hereinafter referred to as the "Seller" and consumers - individuals, hereinafter referred to as the "Buyer/s" or "Client/s" and all clients of the company who are legal entities. Only those clauses of these General Terms and Conditions that do not contradict the mandatory provisions of Bulgarian legislation and do not limit the rights granted to them under the Consumer Protection Act and other normative and sub-statutory acts shall apply to consumers.

Art.2. These General Terms and Conditions are applicable to all purchase and sale contracts concluded between Universal Express-2'' EOOD as Seller and third parties as Buyers and exclude the application of other provisions and general terms and conditions prepared or applied by Clients or third parties.

Art.3. The effect of these General Terms and Conditions shall be manifested from the moment when valid contractual or pre-contractual relationships arise for the parties, which arise from any of the following circumstances, listed non-exhaustively: making an offer by the Seller /regardless of the type/, sending or accepting an order for goods, concluding a purchase and sale contract, issuing a pro forma invoice or invoice, goods receipt, warehouse receipt or other document applicable to the sale.

TERMINOLOGY

Art.4. "Seller" within the meaning of these General Terms and Conditions is "Universal Express-2" EOOD registered in the Commercial Register of the Republic of Bulgaria under the unified identification code No. 175051248

Art.5. "Buyer" is any Bulgarian or foreign natural and/or legal person, user of the goods or services offered by "Universal Express-2" EOOD, bound to the Seller by virtue of any of the documents listed in Art. 3 of these General Terms and Conditions.

Art.6. "Goods" are all services and products offered for sale by the Seller under these General Terms and Conditions, which are owned by the Seller or will be acquired in ownership or manufactured by the latter, for the purposes of the purchase and sale contracts concluded with Customers.

Art.7. “Special conditions” are all agreements between the parties under a contract for the purchase and sale of goods that exclude or amend the application of these General Terms and Conditions and apply between the parties in the cases expressly provided for therein.

Art.8. "Purchase and sale contract" is any oral or written agreement reached between the parties /by email, telephone, fax, etc./ between the Seller and the Buyer for the sale of the agreed goods, at prices, terms and method of payment and delivery.

Art.9. Upon conclusion of a purchase and sale contract, the Seller undertakes to transfer to the Buyer, for consideration and under the terms, terms and manner agreed upon between the parties, the ownership of the goods offered by the Seller, and the Buyer undertakes to purchase and acquire ownership of the agreed upon goods and to pay the sales price within the time limits stipulated by the parties.

Art.10. The purchase and sale contract is considered concluded upon reaching an agreement between the Seller and the Buyer for the transfer of ownership of the agreed goods, at prices, conditions and payment method agreed between them, according to any of the methods described in Art.8.

(2) The purchase and sale contract is also considered concluded upon an accepted order for which there is a pro forma invoice issued by the Seller and accepted by the Buyer, which pro forma invoice contains the essential elements of the transaction.

(3) The purchase and sale contract is considered concluded upon any payment by the Buyer. By paying any amount, the Buyer declares that all circumstances of the transaction have been clarified.

Art.11. All specific parameters of the purchase and sale contract are agreed between the parties personally or through their duly authorized representatives for each specific case.

PERIOD AND PLACE OF PERFORMANCE. DELIVERY.

Art.12. Upon reaching an agreement on the subject matter of the contract, the parties agree on the specific deadline for fulfilling the Seller's obligation to transfer actual possession of the goods subject to sale.

Art.13. Unless otherwise agreed, the Seller undertakes to transfer ownership of the goods subject to sale after full payment of the sales price by the Buyer.

Art.14. Unless otherwise agreed, the place of performance and place of delivery of the goods subject to sale shall be the office/warehouse of the Seller, located at: Sofia, 11 Vasil Drumev Street.

Art.15. The parties are free to agree between themselves on a place for delivery other than the office/warehouse/of the Seller.

Art.16. In the event that the parties agree on a place of performance and delivery other than the Seller's warehouse, the Buyer undertakes to provide in writing detailed information about the delivery address and a contact person who will accept the goods / telephone number, working hours and any data facilitating delivery /.

(1) The buyer or his representative is obliged to accept the agreed goods and services and, if there are any remarks, to reflect them in the delivery document.

(2) The seller shall not be in default and shall not be liable for any delay in delivery due to unforeseen or extraordinary circumstances, as well as in case of force majeure.

Art.17. In case of refusal by the Buyer to accept the ordered goods, the Buyer shall cover the costs of sending and returning the goods to the Seller's office/warehouse.

(1) Once a service/installation has been performed, the goods cannot be returned and the Buyer owes the full value of the ordered goods.

Art.18. The transportation costs for the delivery of the goods to a location specified by the Buyer are not included in the price and are payable by the Buyer.

PRICES. PAYMENT METHOD

Art. 19. The price under the purchase and sale contract is determined according to the current price offer of the Seller, at the time of reaching an agreement to conclude a contract between the parties and is valid until the delivery of the goods to the office/warehouse of the Seller.

(1) The prices of goods and services in catalogs, price lists, tariffs and the like are indicative and may be changed unilaterally by the Seller until a contract is concluded with the Buyer.

Art.20. Any order and service for goods accepted by the Seller cannot be refused or canceled unilaterally by the Buyer and the Buyer owes full payment within the agreed period.

 Art.21. In the absence of a special condition for advance or deferred payment, payment of the sales price shall always be made by the Buyer in advance, no later than the moment of receipt of the goods or service.

Art.22. Payment is made in cash or by bank transfer to a bank account specified by the Seller. For each payment made, the Seller issues the Buyer an invoice/fiscal receipt.

Art.23. In case the Buyer does not dispute the invoice /fiscal receipt/ issued by the Seller within 2 /two/ working days of its receipt, including by email, this has the force of tacit acceptance of this invoice/fiscal receipt.

TRANSFER OF RISK AND OWNERSHIP

Art.24. The risk of accidental loss or damage to the goods, the subject of the purchase and sale, passes to the Buyer at the moment when the parties determine the goods, the subject of the contract, but no later than the moment of handing over the goods for storage by the Buyer.

(1) In cases where the goods are delivered to the Buyer by the Seller at a location other than the Seller's office/warehouse, the risk passes to the Buyer from the moment the goods are loaded and leave the Seller's office/warehouse and handed over to a forwarder.

Art.25. The right of ownership of the goods subject to sale shall pass to the Buyer from the moment of full payment of the sales price by the Buyer within the agreed period.

(1) In cases where possession of the goods has actually been transferred to the Buyer, but the Buyer has not paid the sales price or the amount paid is not in full, then ownership of the goods passes to the Buyer after full payment of the sales price together with accrued interest, penalties and any other amounts due for late payment.

(2) In cases where the goods are delivered to the Buyer before the sales price has been paid in full, the Buyer must exercise the care of a good steward, possess the goods on the basis of responsible custody and bear the risk of their accidental loss.

PERFORMANCE .DUE CARE .CONFIDENTIALITY

Art.26. Upon reaching an agreement to conclude a purchase and sale contract, the Seller undertakes to deliver to his office/warehouse all goods subject to the contract.

Art. 27. The Buyer undertakes to receive all goods subject to the contract within the agreed time limits. In the event of a delay in the receipt by the Buyer of the agreed goods, the Seller has the right to terminate the sales relationship.

Art. 28. In their relations with each other, the parties undertake to exercise the care of a good merchant.

Art.29. Under these General Terms and Conditions, any information that the parties exchange upon or in connection with the conclusion of a purchase and sale contract constitutes confidential information and should be kept as such. The parties have no right in any form to share, publish, display or distribute the information that has become known to them in connection with the conclusion of a contract between the parties.

NON-PERFORMANCE. WARRANTY LIABILITY. CLAIMS.

Art.30. In the event of culpable non-performance by one of the parties to the sales relationship, the party in good standing has the right to seek compensation for non-performance or delayed performance.

Art.31. For each individual product, the Seller bears warranty liability according to the conditions, manner and term specified by the manufacturer.

 (1) When engaging the Seller's warranty liability, the Buyer must provide the Seller with:

– all documents relevant to the sale / invoice, fiscal receipt, etc. / in original

– photos /video clip/ showing the defect in the goods and its manifestation.

– a detailed written explanation of the defect in the goods and its manifestation to the following email address: universalexpress@mail.bg

(2) In the event that the Buyer fails to fulfill any requirement of the previous article, the Seller's warranty liability shall lapse, regardless of whether there is a defect in the goods sold.

(3) The Seller shall respond within 3/three/working days to the warranty claim made by the Buyer.

 (4) In the event of recognition of a warranty damage, all costs of transportation, installation and dismantling are at the expense of the Buyer.

Art.32 (1). The Seller guarantees the quality of the delivered product and undertakes to repair/replace any goods under warranty in which a defect appears, provided that the defects do not result from improper use and utilization by the Buyer, improper installation and assembly or which are a consequence of damage and destruction of the product caused by the Buyer's actions.

(2) The Seller's warranty liability also lapses if the product has been installed, repaired, maintained or serviced by an unauthorized person or has been serviced with parts and consumables that are not original and that have been installed and operated incorrectly by the Buyer or a third party.

(3) The Seller's warranty liability also lapses in cases where the product has been improperly stored and preserved by the Buyer or a third party.

(4) The Seller's warranty liability also lapses in the event of normal wear and tear caused by use of the product by the Buyer or a third party.

(5) Replacement of spare parts within the warranty period does not extend the warranty period of the original product.

Art.33 (1) The Seller shall provide the Buyer with the opportunity to exercise immediate quantitative control over the goods subject to sale, depending on the chosen method of delivery.

(2) In the case of transport organized on behalf and at the expense of the Buyer, this control should be carried out at the time of loading the goods from the seller's office (warehouse).

(3) In the event of delivery by the Seller or a third party to an address other than the Seller's warehouse, with the consent or at the request of the Buyer, the quantitative control shall be exercised by the Buyer at the time of loading or delivery of the goods to the address agreed upon with him, depending on how the transport is organized, pursuant to Article 15 paragraphs 2 and 3.

(4) Notwithstanding the above, the Buyer has the right to claim quantitative discrepancies in the ordered goods no later than the day of delivery of the goods, depending on the method chosen for this purpose.

Art.34 (1) Complaints about quality defects of the goods, which cannot be noticed during a simple inspection, may be submitted by the Buyer in writing immediately after their discovery, but no later than 3 calendar days from the receipt of the goods.

(2) In the event that the Buyer does not immediately notify the Seller of the discovered defects of the goods or fails to do so within the aforementioned period, the Buyer shall be deemed to have accepted and approved the quality of the goods.

(3) The buyer individualizes the products subject to a claim with a catalog number (brand and model) and serial number and stores them with the care of a good owner until the claim is completed.

Art. 35 (1) Complaints for shortages or quality defects of the goods shall be accepted by the Seller within the specified time limits, in writing, containing the information, pursuant to Art. 31, subject to the following conditions:
– The goods have been properly transported, installed, assembled, stored and warehoused by the Buyer or a third party.
– The defect is not due to improper use, operation, storage or warehousing by the Buyer or a third party.
– The buyer or a third party has complied with the necessary safety requirements and instructions for use of the product.
– The goods are returned in complete and intact original packaging and accompanied by complete original documentation, invoice (cash receipt, goods/warehouse receipt, pro forma invoice, etc.) related to the purchase and sale.