TERMS AND CONDITIONS
OF ONLINE STORE CYBER-ONE.INFO (CyberONE OÜ)
- SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relationship between CyberONE OÜ, UIC 207739348, with registered office and management address: Harju maakond Tallinn, Kesklinna linnaosa Tartu mnt 67/1-13b, 10115 Estonia, hereinafter referred to as SUPPLIER, and the users, hereinafter referred to as USERS, of the online store platform for travel guides, hereinafter „www.cyber-one.info”.
II. INFORMATION ABOUT THE SUPPLIER
Art. 2. (1) Information pursuant to the Law on Electronic Commerce and the Consumer Protection Act of the SUPPLIER:
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Information about the Company Processing Your Data:
- Name of the Supplier: CyberONE OÜ
- Registered office and management address: Harju maakond Tallinn, Kesklinna linnaosa Tartu mnt 67/1-13b, 10115 Estonia
- Address for activity and address for filing complaints from users: Harju maakond Tallinn, Kesklinna linnaosa Tartu mnt 67/1-13b, 10115 Estonia
- Correspondence data: Harju maakond Tallinn, Kesklinna linnaosa Tartu mnt 67/1-13b, 10115 Estonia, email: [email protected], mobile phone: +359876233730
- Entry in public registers: UIC 207739348
(2) Supervisory Authorities:
1. Commission for Personal Data Protection
Address: Sofia, Prof. Tsvetan Lazarov Str. No. 2
Phone: (02) 940 20 46
Fax: (02) 940 36 40
Email: [email protected], [email protected]
Website: www.cpdp.bg
2. Commission for Consumer Protection
Address: 1000 Sofia, Slaveykov Square No. 4A, 3rd, 4th, and 6th Floors
Phone: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg
III. CHARACTERISTICS OF THE PLATFORM
Art. 3. cyber-one.info.COM (CyberONE OÜ) is an e-commerce platform accessible at https://cyber-one.info, through which Users can enter into contracts for the purchase and sale of goods offered by the Supplier on the platform, including the following:
- To register and create a profile for viewing the electronic store of the Provider and using the additional services for providing information;
- To view the goods, their characteristics, prices, and conditions for delivery;
- To enter into contracts with the Provider for the sale and delivery of goods offered on the platform www.cyber-one.info;
- To make any payments related to the concluded contracts through the www.cyber-one.info payment platform.
- To receive information about new goods offered by the Provider on the platform www.cyber-one.info;
- To make electronic statements in connection with the conclusion or execution of contracts with the Provider on the www.cyber-one.info platform through the interface of the www.cyber-one.info page accessible on the Internet;
- To be informed about the rights arising from the law, mainly through the interface of the www.cyber-one.info platform on the Internet;
- To exercise their right of withdrawal when applicable, according to the Consumer Protection Act.
Art. 4. The Provider on the platform www.cyber-one.info organizes the delivery of goods and ensures the rights of Users, as provided by law, within the boundaries of good faith, accepted practices, consumer or commercial law criteria and conditions.
Art. 5. (1) Users conclude a contract with the Provider on the platform www.cyber-one.info for the sale of goods, at www.cyber-one.info. The contract is concluded in Bulgarian and English and is stored in the database of the Provider on the platform.
(2) Under the contract concluded with the Users, the Provider on the platform www.cyber-one.info undertakes to organize the delivery and transfer of ownership of the goods specified by the User via the interface on the platform. Users have the right to correct errors in data entry no later than the submission of the statement to the Provider on the platform www.cyber-one.info.
(3) Users pay the Provider on the platform www.cyber-one.info compensation for the delivered goods according to the terms set in the www.cyber-one.info platform. The compensation is in the amount announced on the www.cyber-one.info platform.
Art. 6. (1) The User and the Provider on the platform www.cyber-one.info agree that all declarations between them regarding the conclusion and performance of the sales contract may be made electronically and through electronic statements as per the Electronic Document and Electronic Trust Services Act and Art. 11 of the Electronic Commerce Act.
(2) It is presumed that electronic statements made by Users on the site are made by the individuals specified in the data provided by the User during registration, if the User has entered the relevant name and password for access.
IV. REGISTRATION TO USE www.cyber-one.info
Art. 7. (1) By filling in the details in the user basket and clicking the "Order" button, the User declares that they are familiar with these general terms, agrees with their content, and unconditionally undertakes to comply with them.
(2) The Provider confirms the User's order by email. An account is created for the User, and contractual relations arise between them and the Provider.
(3) When registering or ordering, the User is obliged to provide accurate and current data. The User undertakes to update the data specified in their registration or order promptly if changes occur.
V. TECHNICAL STEPS FOR CONCLUDING A SALES CONTRACT
Art. 8. (1) Users primarily use the interface of the Provider's page on the platform www.cyber-one.info to conclude sales contracts for the goods offered by providers on the platform www.cyber-one.info.
(2) In cases of ordering goods without the User registering, the User accepts these general terms at the time of delivery. It is considered that the User has accepted these general terms upon accepting the delivery of the goods.
Art. 9. Users conclude the contract for the sale of goods on the platform www.cyber-one.info according to the following procedure:
- Login to the order system on the platform www.cyber-one.info
- Select one or more of the goods offered by the Provider on the platform www.cyber-one.info and add them to a shopping list.
- Provide the necessary details for the User’s identification as a party to the contract.
- Select the payment method and timing of payment for the price.
- Confirm the order.
VI. CONTENT OF THE AGREEMENT
Article 10. (1) The Provider and Users conclude separate agreements for the purchase and sale of goods requested by the Users, even though they are selected with one electronic statement and from a single list of goods for purchase.
(2) The Provider may organize the delivery of the ordered goods together and simultaneously under separate purchase agreements.
(3) The rights of the Users regarding the delivered goods are exercised separately for each purchase agreement. Exercising rights regarding a delivered good does not affect and has no effect on the agreements for the purchase of other goods. If the User has the quality of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the agreement for the purchase of a specific good does not affect the agreements for the purchase of other goods delivered to the consumer.
Article 11. When exercising the rights under the purchase agreement, the User is required to specify precisely and unequivocally the agreement and the goods for which the rights are being exercised.
Article 12. The User may pay the price for the individual purchase agreements at once when placing the order for the goods or upon their delivery.
VII. SPECIAL CLAUSES APPLICABLE TO INDIVIDUALS WITH THE STATUS OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT
Article 13. The rules of this Section VII of these general terms apply solely to Users for whom, according to the data provided for the conclusion of the sales contract or upon registration at www.cyber-one.info, it can be inferred that they are Consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act, and/or Directive 2011/83/EU of the European Parliament and of the Council dated 25th October 2011.
Article 14. (1) The essential characteristics of the goods offered by the Supplier on the www.cyber-one.info platform are determined in the profile of each product on the www.cyber-one.info platform.
(2) The price of the goods including all taxes and fees is determined by the Supplier on the www.cyber-one.info platform in the profile of each product on the www.cyber-one.info platform.
(3) The value of postal or transport costs not included in the price of the goods is determined by the Supplier on the www.cyber-one.info platform and is provided as information to Users when selecting the goods for concluding the sales contract.
(4) The methods of payment, delivery, and execution of the contract are determined in these general terms and the information provided to the User through the mechanisms on the www.cyber-one.info platform.
(5) The information provided to Users under this article is current as of the moment of its visualization on the www.cyber-one.info platform before the conclusion of the sales contract.
(6) Users agree that all required information under the Consumer Protection Act can be provided through the www.cyber-one.info platform interface or email.
Article 15. (1) The User agrees that the suppliers on the www.cyber-one.info platform have the right to accept advance payment for the concluded contracts with the User for the sale of goods and their delivery.
(2) The User independently chooses whether to pay the Supplier on the www.cyber-one.info platform for the delivery of the goods before or at the time of their delivery.
(3) If the value of the User's order is equal to or exceeds 15,000 BGN, payment is made only by bank transfer or deposit into the Supplier's bank account.
Article 16. (1) The User has the right, without paying compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days from the date of receipt of the goods from the Supplier.
(2) The right of withdrawal under paragraph 1 does not apply in the following cases:
- for the delivery of goods made to order by the consumer or according to their individual requirements;
- for the delivery of goods that, due to their nature, may deteriorate or have a short shelf life;
- for the delivery of sealed goods that are opened after delivery and cannot be returned due to reasons related to hygiene or health protection;
- for the delivery of goods that, once delivered, have been mixed with other goods due to their nature and cannot be separated from them;
(3) When the User has exercised their right of withdrawal from a distance contract or from a contract outside a commercial establishment, the Supplier shall refund all sums received from the user, including the delivery costs, without undue delay and not later than 14 days from the date on which they were informed of the user's decision to withdraw from the contract. The Supplier shall make the refund using the same payment method used by the user in the initial transaction, unless the user has expressly consented to using another payment method and provided that this does not incur any costs for the user.
(4) In the exercise of the right of withdrawal, the costs of returning the delivered goods are deducted from the sums to be refunded under par. 3, unless the user organizes and at their own expense returns the goods. The Supplier is not obliged to refund the additional delivery costs when the user has explicitly chosen a delivery method different from the cheapest standard delivery offered by the Supplier.
(5) The user is obliged to store the goods received from the Supplier on the platform and to ensure their quality and safety during the period specified in par. 1.
Article 17. (1) The delivery term for the goods is specified separately for each item when the contract is concluded with the user via the Supplier’s website on the www.cyber-one.info platform.
(2) In the event that the User and the Supplier on the www.cyber-one.info platform have not specified a delivery term, the delivery term for the goods is 30 calendar days from the date following the user’s order submission to the Supplier through the Supplier’s website on the www.cyber-one.info platform.
(3) If the Supplier on the www.cyber-one.info platform cannot fulfill the contract because they do not have the ordered goods, they are obliged to notify the User and to refund the paid sums.
VIII. PERFORMANCE OF THE CONTRACT
Article 18. (1) The provider on the www.cyber-one.info platform may organize the delivery and transfer of the goods to the User by a respective courier within the specified period agreed upon at the time of the contract. The delivery of digital products is carried out to the user's profile and/or to the email address specified by the user.
(2) If the term under para. 1 is not expressly agreed between the parties at the time of the contract, the provider shall organize the delivery and transfer within a reasonable period of time.
Article 19. (1) The user must inspect the goods at the time of delivery and transfer, and if they do not meet the requirements, they must immediately notify the provider on the www.cyber-one.info platform.
(2) If the user does not notify the provider on the www.cyber-one.info platform in accordance with para. 1, the goods shall be deemed accepted as meeting the requirements, except for hidden defects.
Article 20. The provider on the www.cyber-one.info platform does not undertake to provide the necessary after-sales service for the goods.
Article 21. For cases not regulated in this section, the rules of commercial sales, as defined in the Commercial Law and the Consumer Protection Law, shall apply.
IX. PERSONAL DATA PROTECTION
Article 22. (1) The provider takes measures to protect the personal data of the User according to Regulation (EC) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (GDPR) and the Personal Data Protection Act. The provider processes the personal data of Users based on Article 6, paragraph 1, letter "b" of the GDPR – the processing is necessary for the performance of a contract, to which the data subject is a party, or based on Article 6, paragraph 1, letter "a" of the GDPR – based on explicit consent provided by the User.
(2) The collection, storage, and processing of personal data are carried out in accordance with the Privacy Policy of www.cyber-one.info
(3) The personal data entered by Users are protected under the Personal Data Protection Act and Regulation 2016/679 as the provider processes them for the purposes and within the periods specified in the Privacy Policy.
(4) Upon consent by the User with the Privacy Policy for personal data protection, the User explicitly confirms that they agree for the provider to store information or access information stored on the User's device for the explicitly stated purposes and periods. The User agrees that the provider may store information or access information stored on the User's device and on other grounds specified in the Privacy Policy for personal data protection.
(5) The User or the Customer agrees that the provider on the www.cyber-one.info platform has the right to send electronic communications to the User or the Customer at any time, including newsletters or offers to purchase goods, while there is registration of the User or the Customer in the online store of the provider on the www.cyber-one.info platform.
(6) The User or the Customer agrees that the provider on the www.cyber-one.info platform has the right to collect, store, and process data about the behavior of the User or the Customer when using the online store of the provider on the www.cyber-one.info platform. The User has the right to object to the storage or access to the information as specified in paragraph 4 by the means provided in the Privacy Policy for personal data protection.
Article 23. (1) At any time, the provider on the www.cyber-one.info platform has the right to require the User to verify their identity and to verify the accuracy of each of the circumstances and personal data declared at the time of registration.
(2) In case the User has forgotten or lost their username and password for any reason, the provider on the www.cyber-one.info platform has the right to apply the "Procedure for Lost or Forgotten Usernames and Passwords," available at: www.cyber-one.info
X. CHANGE AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Article 24. (1) The present general terms and conditions may be amended by the Platform Provider www.cyber-one.info, for which the latter will notify all registered Users in a suitable manner.
(2) The Platform Provider www.cyber-one.info and the User agree that any addition and amendment to these general terms and conditions will take effect in one of the following cases:
1. after explicit notification by the Platform Provider in www.cyber-one.info and if the User does not declare within the 14-day period that they reject it; or
2. after publication on the Provider's website in www.cyber-one.info and if the User does not declare within 14 days of publication that they reject it; or
3. with explicit acceptance by the User through their profile on the Provider's website in www.cyber-one.info
(3) The User agrees that all statements by the Platform Provider in www.cyber-one.info, regarding the amendment of these general terms and conditions will be sent to the User’s email address indicated during registration. The User agrees that emails sent under this article do not need to be signed with an electronic signature to have effect on them.
Article 25. The Provider publishes these general terms and conditions at https://cyber-one.info/bg/uslovia-za-polzvane/ together with all additions and amendments thereto.
XI. TERMINATION
Article 26. The present General Terms and Conditions and the agreement of the User with the Provider on the platform www.cyber-one.info shall be terminated in the following cases:
- in case of termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
- by mutual consent of the parties in writing;
- in case of objective impossibility of one of the parties to perform its obligations;
- in case of confiscation or sealing of equipment by state authorities;
- in the case of deletion of the User's registration on the platform www.cyber-one.info. In this case, the concluded but unfulfilled purchase-sale contracts remain in force and are subject to fulfillment.
Article 27. The Provider has the right at its discretion, without prior notice and without owing compensation, to unilaterally terminate the contract if it finds that the User is using the platform www.cyber-one.info in violation of these General Terms and Conditions, the legislation of the Republic of Bulgaria, generally accepted moral norms, or generally accepted rules and practices in electronic commerce.
XII. LIABILITY
Article 28. The User undertakes to indemnify and hold harmless the providers on the platform www.cyber-one.info and the Provider from any third-party claims (whether founded or not), for all damages and costs (including attorney's fees and court costs) resulting from or related to (1) non-performance of any obligation under this agreement, (2) violation of copyright, producer, broadcasting, or other intellectual or industrial property rights, (3) improper transfer of rights provided to the User for the term and under the conditions of the agreement, and (4) false declaration of the presence or absence of the quality of a consumer under the Consumer Protection Act.
Article 29. The Provider is not liable in case of force majeure, accidental events, Internet issues, technical or other objective reasons, including orders from competent state authorities.
Article 30. (1) The Provider is not liable for damages caused by the User to third parties.
(2) The Provider is not liable for material or non-material damages, in the form of lost profits or suffered damages, caused to the User in the process of using or not using www.cyber-one.info and concluding contracts for the sale of goods with the Provider.
(3) The Provider is not liable for the time during which the platform was not accessible due to force majeure.
(4) The Provider is not liable for damages from comments, opinions, and posts under products, news, and articles on the platform www.cyber-one.info
Article 31. (1) The Provider is not liable in case of overcoming the security measures of the technical equipment and subsequent loss of information, distribution of information, access to information, limitation of access to information, and other similar consequences.
(2) The Provider is not liable in case of concluding a sales contract, providing access to information, loss or change of data due to false legitimation of a third party posing as the User, if it can be judged from the circumstances that this person is the User.
XIII. OTHER CONDITIONS
Article 32. In case of conflict between these general terms and conditions and provisions in a specific contract between the Provider on the platform www.cyber-one.info and the User, the terms of the specific contract shall take precedence.
Article 36. The invalidity of any provision of these general terms and conditions will not lead to the invalidity of the entire contract.
Article 37. (1) For unresolved issues in this contract related to the performance and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.
(2) The User has the right to refer all disputes with the Provider regarding the performance of this contract to the correspondence address of the PROVIDER, as specified above, as well as to the supervisory authorities. In case of failure to reach an agreement for dispute resolution through extrajudicial means, the parties may refer the dispute for resolution to the competent Bulgarian courts.
Article 38. The platform www.cyber-one.info is offered and accessible to users who are 18 years of age or older. By using this platform www.cyber-one.info, you represent and warrant that you are of legal age to form a binding contract with the Company and to meet all the eligibility requirements. If you do not meet all of these requirements, you should not access or use the platform www.cyber-one.info.
Article 39. These general terms and conditions were adopted and entered into force for all Users on March 6, 2024.