GENERAL TERMS AND CONDITIONS OF MYEWHEEL.COM ONLINE STORE


I. SUBJECT

Art. 1. These general terms and conditions are intended to regulate the relations between MyEWheel LTD, UIC 206602994, with registered office and address of management: Bulgaria, Asenovgrad 4230, 11 Solunska Str., named after - below for short SUPPLIER, and the clients, hereinafter referred to as USER/CUSTOMER AND/OR CONSUMER, of the e-commerce platform MYEHWEEL.COM, hereinafter referred to as "MYEHWEEL.COM".


ІІ. SUPPLIER DATA

Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:

1. Name of the Supplier: MyEWheel LTD

2. Headquarters and address of management: Bulgaria, Asenovgrad 4230, 11 Solunska Str.

3. Address for exercising the activity and submitting complaints from consumers: Bulgaria, Asenovgrad 4230, 11 Solunska Str.

4. Correspondence data: Bulgaria, Asenovgrad, 11 Solunska Str., telephone +359 878 262 328

5. Entry in public registers: UIC 206602994, 

6. Supervisory authorities:

(1) Commission for Personal Data Protection

Address: Sofia, Prof. Tsvetan Lazarov ”№ 2,

tel .: (02) 940 20 46

fax: (02) 940 36 40

Email: [email protected], [email protected]

Website: www.cpdp.bg.

(2) Consumer Protection Commission

Address: 1000 Sofia, 4A Slaveykov Square, 3rd, 4th and 6th floors,

tel .: 02/980 25 24

fax: 02/988 42 18

hotline: 0700 111 22

Website: www.kzp.bg.

7. Registration under the Value Added Tax Act № BG 206602994


III. CHARACTERISTICS OF THE PLATFORM

Art. 3. MYEWHEEL.COM is an e-commerce platform, available at the Internet address http://www.MYEWHEEL.COM, through which Users have the opportunity to enter into contracts for sale and delivery of goods offered by the Provider in the platform, including the following :

1. To register and create a profile for viewing the e-shop of the Provider and use the additional services for providing information;

2. To review the goods, their characteristics, prices and delivery conditions;

3. To conclude with the Supplier contracts for purchase and sale and delivery of goods offered by the platform MYEWHEEL.COM;

4. To make any payments in connection with the concluded contracts, including by electronic means of payment.

5. To receive information about new goods offered by the Provider in the MYEWHEEL.COM platform;

6. To make electronic statements in connection with the conclusion or execution of contracts with the Provider in the MYEWHEEL.COM platform through the interface of the MYEWHEEL.COM website, available on the Internet;

7. To be notified of the rights arising from the Law, mainly through the interface of the MYEWHEEL.COM platform on the Internet;

8. To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

Art. 4. The Supplier in the platform MYEWHEEL.COM organizes the delivery of the goods and guarantees the rights of the Users, provided by Law, within the framework of good faith, the criteria and conditions adopted in practice, Consumer or Commercial Law.

Art. 5.

(1) The users conclude with the Provider in the platform MYEWHEEL.COM a contract for purchase and sale of the goods, at the address http://www.myewheel.com. The contract is concluded and stored in the database of the Provider in the platform.

(2) By virtue of the contract concluded with the Users for purchase and sale of goods, the Provider in the platform MYEWHEEL.COM is obliged to organize the delivery and transfer of ownership of the User of the goods specified by him through the interface in the platform. Users have the right to correct errors in entering information no later than sending the statement for concluding the contract Provider in the platform MYEWHEEL.COM.

(3) The users pay to the Provider of the platform MYEWHEEL.COM remuneration for the delivered goods according to the conditions determined in the platform MYEWHEEL.COM and the present general conditions. The remuneration is in the amount of the price announced on the MYEWHEEL.COM platform. In case of a technical error of the price, the Supplier immediately notifies the User of the correct price of the product and has the right to refuse an order due to incorrect spelling of its actual price.

Art. 6.

(1) The User and the Provider in the platform MYEWHEEL.COM agree that all statements between them in connection with the conclusion and execution of the contract of sale may be made electronically and through electronic statements within the meaning of the Electronic Law document and electronic signature and art. 11 of the Electronic Commerce Act.

(2) It is assumed that the electronic statements made by the Users of the site are made by the persons specified in the data provided by the User during registration if the User has entered the respective name and password for access.


IV. REGISTRATION FOR USE OF MYEWHEEL.COM

Art. 7.

(1) To use MYEWHEEL.COM for concluding contracts for purchase and sale of goods, the User should enter his chosen name and password for remote access or identify himself through his account on Facebook or Google, which considers that it has accepted these general conditions. Acceptance of these general terms and conditions is made upon finalization of each order by the User.

(2) The name and password for remote access are determined by the User by performing online registration on the website of the Provider in the platform MYEWHEEL.COM, according to the procedure specified therein. Users have the opportunity to place orders for delivery of goods and profile from the social networks Facebook and Google.

(3) By filling in his data in the consumer basket and pressing the "Order" button, the User declares that he is familiar with these general conditions, agrees with their content and undertakes to comply with them unconditionally.

(4) The Provider confirms the order made by the User by email. An account of the User is created, and a contractual relationship arises between him and the Provider.

(5) When performing the registration or the order, the User is obliged to provide correct and up-to-date data. The User undertakes to update the data specified in his registration or order in case of change.


V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AGREEMENT

Art. 8.

(1) The users mainly use the interface of the Provider's page in the MYEWHEEL.COM platform in order to conclude contracts for purchase and sale of the goods offered by the suppliers in the MYEWHEEL.COM platform.

(2) In the cases of ordering goods without registration by the User, the latter accepts these general conditions from the moment of finalization of the order.

Art. 9. The users conclude the contract for the purchase and sale of the goods in the MYEWHEEL.COM platform according to the following procedure:

(1) Logging in to the ordering system in the MYEWHEEL.COM platform.

(2) Selecting one or more of the goods offered by the Supplier in the MYEWHEEL.COM platform and adding them to a list of goods for purchase.

(3) Providing the necessary data for individualization of the User as a party to the contract.

(4) Provision of data for the delivery;

(5) Choice of method and moment for payment of the price.

(6) Confirmation of the order;


VI. CONTENT OF THE CONTRACT

Art. 10.

(1) The Supplier and the Users shall conclude separate contracts for purchase and sale of the goods declared by the Users, regardless of the fact that they have been selected with one electronic statement and from one list of goods for purchase.

(2) The Supplier may organize and simultaneously deliver the goods ordered with separate contracts for purchase and sale.

(3) The rights of the Users in connection with the delivered goods shall be exercised separately for each contract for sale. The exercise of the right in connection with the delivered goods does not affect and has no effect on the relationship of the contract for the sale of goods. In the event that the User has the status of a Consumer within the meaning of the Consumer Protection Act, the exercise of the right to withdraw from the contract for the sale of certain goods does not cover the contract for the sale of other goods that were already delivered to the Consumer. Consumers use a legal guarantee for compliance of the goods with the contract of sale.

(4) In case of delivery of goods, which are delivered promotionally together with other goods in a set, the rules for delivery and return of the respective set, as announced in the profile of the goods in the e-shop, shall be applied with priority.

Art. 11. When exercising the rights under the contract of sale, the User is obliged to indicate precisely and unambiguously the contract and the goods in respect of which he exercises the rights.

Art. 12.

(1) The User may pay the price for the separate contracts for purchase and sale at once at the execution of the order of the goods or at their delivery.

(2) With regard to goods, which are delivered promotionally together with other goods in a set, the price for the set shall refer only in its entirety and shall be inseparable for separate goods from the set.

(3) In case the Supplier accepts return of one product from a set under par. 2, the User has the right to be reimbursed an amount for the returned goods from the set, which is proportional to the ratio between the prices of the goods from the set in the e-shop of the Supplier when they are not offered in a set with each other.


VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE CONSUMER QUALITY WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT

Art. 13. The rules of this section VII of these general conditions apply only to Users for whom, according to the data specified for the conclusion of the contract of sale or registration in MYEWHEEL.COM, it can be concluded that they are Users within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83 / EC of the European Parliament and of the Council of 25 October 2011.

Art. 14.

(1) The main characteristics of the goods offered by the Supplier in the MYEWHEEL.COM platforms are defined in the profile of each product in the MYEWHEEL.COM platform.

(2) The price of the goods, including all taxes and fees, is determined by the Supplier in the MYEWHEEL.COM platform in the profile of each product in the MYEWHEEL.COM platform.

(3) The value of the postage or transport costs not included in the price of the goods is determined by the Provider in the platform MYEWHEEL.COM and is provided as information to the Users when choosing the goods for concluding the contract of sale and before finalizing the order.

In case of non-receipt by the User of the sent goods more than once, the Supplier reserves the right to:

- charges transport costs for the User for each subsequent order;

- not to grant the right to refuse purchased goods for a period of more than 14 days;

- not to provide gifts to the next orders of the User;

- to refuse the "Price protection" in case the User refers to it.

(4) The methods of payment, delivery and performance of the contract are determined in these general terms and conditions and the information provided to the User through the mechanisms in the platform MYEWHEEL.COM.

(5) The information provided to the Users under this article is up-to-date at the moment of its visualization in the MYEWHEEL.COM platform before the conclusion of the contract of sale.

(6) Users agree that all information required by the Consumer Protection Act may be provided through the interface of the platform MYEWHEEL.COM or email.

Art. 15.

(1) The Consumer agrees that the suppliers in the platform MYEWHEEL.COM have the right to accept advance payment for the concluded with the consumer contracts for purchase and sale of goods and their delivery.

(2) The User chooses independently whether to pay the Provider in the platform MYEWHEEL.COM the price for delivery of the goods before or at the time of delivery.

(3) In case the value of the order of the User is equal to or exceeds EUR 5,000, the payment shall be made only by transfer or deposit to the payment account of the Provider.

Art. 16.

(1) The Consumer has the right, without paying compensation or penalty and without stating a reason, to withdraw from the contract within 30 days from the date of acceptance of the goods by the Supplier through the uniform form for withdrawal from the contract, available on the website of the Provider in the platform MYEWHEEL.COM at https://www.myewheel.com/terms-and-conditions/ in Annexe № 1 to these general conditions or through the module, separated on the website of the Provider. 

(2) The right of refusal under paragraph 1 shall not apply in the following cases:

1. for the provision of services in which the service is fully provided and its performance has begun with the explicit prior consent of the Consumer and confirmation by him that he knows that he will lose his right of withdrawal after the contract is performed in full by the trader;

2. for delivery of goods or services, the price of which depends on the fluctuations of the financial market, which cannot be controlled by the trader and which may occur during the term for exercising the right of withdrawal;

3. for delivery of goods, made to order of the Consumer or according to his individual requirements;

4. for delivery of goods, which due to their nature may deteriorate their quality or have a short shelf-life;

5. for delivery of sealed goods, which are unsealed after their delivery and cannot be returned due to reasons related to hygiene or health protection;

6. for delivery of goods, which after they have been delivered and due to their nature have mixed with other goods, from which they cannot be separated;

7. for delivery of sealed sound or video recordings or sealed computer software, which are printed after the delivery, including codes for activation of software licenses, functions in software or virtual means of payment. Execution of the Contract for the supply of sealed sound or video recordings or sealed computer software (including codes for content and digital content that is not on tangible media), which are printed after delivery, begins from the moment of printing, and the User loses his right to refuse, expressly agreeing to this.

8. for delivery of newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such editions;

9. for the provision of digital content which is not delivered on a tangible medium, when the execution has started with the explicit consent of the User, who has confirmed that he knows that in this way, he will lose his right of withdrawal

(3) When the Provider in the platform MYEWHEEL.COM has not fulfilled its obligations to provide the information specified in the Consumer Protection Act, the User has the right to withdraw from the contract within one year and 14 days from the date of receipt of the goods. When the information is provided to the User within the withdrawal period, it begins to run from the date of its provision. The User has the right to send the statement of withdrawal under this Article directly to the Provider through the single withdrawal form available on the Provider's website in the MYEWHEEL.COM platform at the address Annexe № 1 to these general conditions.

(4) When the User has exercised his right to withdraw from the distance contract or from the off-premises contract, the Provider shall refund all amounts received by the Consumer without undue delay and not later than 14 days from the date on which was informed of the Consumer's decision to withdraw from the contract and in case he had already received back the goods covered by the contract. The Supplier shall refund the amounts received by bank transfer unless the Consumer has expressly expressed his wish to use another means of payment, and this sentence shall apply if the right of withdrawal is exercised within 14 days of receipt of the goods and the goods have been sent back to the Provider within this 14-day period. In case the Consumer wishes the amounts for withdrawal from the contract, exercised within 14 days of receipt of the goods, to be refunded by postal order/money transfer, the service fee charged by the respective courier / postal operator is charged at the expense of User and is determined by the courier/postal operator. The Provider cannot influence this fee, does not determine it and does not benefit from it in any way.

In case the goods for which the Consumer has withdrawn from the contract within 14 days of receipt of the goods are paid by card, the refund of the amount paid is made only on the same card with which it was paid.

(5) In exercising the right of refusal, the costs for the return of the delivered goods shall be at the expense of the Consumer on the grounds of art. 55, para. 2 of the CPA. The Supplier is not obliged to reimburse the additional costs for the initial delivery of the goods when the Consumer has explicitly chosen a method of delivery of the goods, other than the free standard delivery offered by the Supplier.

(6) The User is obliged to store the goods received from the Provider in the platform and to ensure the preservation of their quality and safety during the term under para. 1.

(7) The User may exercise his right to withdraw from the contract with the Provider by sending a written statement to the Provider through the standard form for withdrawal from the contract, available at https://www.myewheel.com/terms-and-conditions/ in the platform MYEWHEEL.COM in Annexe № 1 to these general conditions or through the module set out on the website of the Provider. The goods should be sent without cash on delivery to the address of the Supplier, namely Asenovgrad 4230, Solunska str. № 11. The Supplier will not accept goods sent by cash on delivery.

(8) When the Supplier in the MYEWHEEL.COM platform has not offered to collect the goods himself, he may withhold payment of the amounts to the Consumer until he receives the goods or until the Consumer provides proof that he has sent the goods back, depending on which of the two it happened earlier.

(9) In case of delivery of goods, which are delivered promotionally together with other goods in a set (so-called bundle goods), in the exercise of the right of withdrawal of the User under this article and the requirements of the Consumer Protection Act, of the User the corresponding reduced amount of the individual price of the goods is refunded, taking into account the ratio of the prices of the goods in the e-shop when they are not bought together (i.e. the ratio between the non-reduced prices of the goods).

(10) Notwithstanding the above hypotheses, the User undertakes to return the goods in commercial form. Commercial type means a type that allows the subsequent sale of the goods as new. The unpacking of the goods should not have led to a clear distortion of the commercial appearance of the goods. In case of damaged commercial type of the goods, the Supplier has the right at its discretion to refuse to accept withdrawal from the contract or to charge the User costs for the restoration of the goods in commercial form. According to Art. 55, para. 4 of the CPA, the User is responsible for the reduced value of the goods caused by their testing, other than necessary to establish the nature, characteristics and proper functioning.

(11) In the case of exercising the right of withdrawal under this article, it is considered that the User has also exercised the right of withdrawal in respect of the bonus content belonging to the goods.

(12) The right of withdrawal shall also apply to books, only in case the book has no traces of use and is in preserved commercial form, and if the book has been wrapped with foil - the packaging is not printed. The performance of the contract with a purchased book starts from the moment of printing, at which the User loses his right of withdrawal, and the User expressly agrees to this.

(13) Upon return of the goods, the User undertakes to return it together with the complete received set, as well as all accompanying documents - receipt, invoice, handover protocol, warranty card (if any).

(14) Upon return of the goods, the User undertakes to return all gifts received with the ordered goods, in case they are sent by the Supplier.

(15) In case of a purchase made by a legal entity, the provisions of the Law on Obligations and Contracts, which derogate from these General Terms and Conditions, shall apply.


VIII. PERFORMANCE OF THE CONTRACT


Art. 17.

(1) The term of delivery of the goods is determined for each product separately when concluding the contract with the Consumer through the website of the Supplier in the platform MYEWHEEL.COM. For each specific product, the User is notified immediately before the finalization of the order in the platform MYEWHEEL.COM approximately how many days it will take delivery. The days specified in the platform MYEWHEEL.COM required for delivery are indicative, and the Supplier does not guarantee for them but guarantees that he will do everything possible to deliver the goods on the specified days.

(2) In case the User and the Provider in the MYEWHEEL.COM platform have not set a delivery time, the delivery time of the goods is 30 calendar days from the date following the sending of the User's order to the Provider through the Provider's website in the MYEWHEEL.COM platform.

(3) If the Provider in the MYEWHEEL.COM platform cannot fulfil the contract due to the fact that he does not have the ordered goods, he is obliged to notify the Consumer and to refund the amounts paid by him. In these cases, the Provider could not be held liable as long as it notified the User of the exhausted quantities.

(4) The Supplier may refuse the processing of the order when there are reasonable doubts that the order is non-authentic, including that it does not come from the User described in the same or when the product ordered with the order is temporarily unavailable due to exhaustion of quantities or other technical reasons, in which case the Provider notifies the User by email or telephone and refunds the amounts paid by him. The Supplier may refuse to process an order when the number or volume of the ordered items exceeds their usual consumption by a client-consumer within the meaning of the CPA, and there is reason to believe that the order is made for resale and does not fall within the scope of consumer purchase.

(5) In case of inaccurate data provided by the User, for delivery address and telephone or absence of the User at the address, as well as in case of impossibility to deliver the goods due to reasons independent of the Supplier, the goods are returned and remain in the Supplier's warehouses. In this case, the goods are not kept for the User unless they are paid in advance. In the case of being prepaid, the goods are kept within 15 days of their return, and after the expiration of this period, and if the User does not seek it from the Supplier, the Supplier will return the payment received except for the amount spent on delivery and storage. In case of inaccurate or wrong data provided by the User for the delivery address, where the goods are sent to the wrong address, the costs for courier service for redirection of the shipment are at the expense of the User.

(6) In case the goods are not delivered to the User within the specified delivery period, the User is not due compensation. Reasons that would delay the delivery outside the days specified in the platform of MYEWHEEL.COM are: 

-load and number of orders for the period above the average and above the usual for the Supplier; 

-faults in the courier company such as untimely organization of the courier, the excessive workload of the courier, unpredictable technical and information problems with the courier or meteorological conditions preventing the courier; 

-unpredictable technical problems in the systems of the Provider; 

-faults in the Suppliers of the Supplier, of which the latter is supplied with the product; 

-bad weather conditions, etc., force majeure circumstances that would interfere with the normal organizational activities of the Provider.

(7) In all cases, the Supplier guarantees and undertakes to deliver the goods to the User with a delay of not more than 15 working days above the approximate days for delivery in the platform MYEWHEEL.COM

(8) For products of individual or total value of 4 EUR or less, which fall under the "Plus Products" program, the Supplier may refuse to accept the order. In the event that a product or products fall into the "Plus Products" program and their total value is equal to or less than 4 EUR within the meaning of the previous sentence, the User is notified by a message on the platform and is prevented from ordering. In order to place the order, the User must add a product or product with a total value of at least 4 EUR.

Art. 18. The Provider in the platform MYEWHEEL.COM undertakes to comply with all requirements established in the Bulgarian legislation regarding the labelling, advertising and sale of food additives.

Art. 19. The Supplier informs the User about the transport and courier costs immediately before the completion of the order, and the delivery price may vary according to the product, method and delivery address selected by the User. In case of additional redirection of an already requested order by the User or in case of necessity of a repeated visit to the requested address, the User pays the price of the delivery in amounts determined according to the tariff of the respective courier. The conditions for free delivery, when available, do not apply in case the User requests a visit to an address at a time or range of the day specified by him.

Art. 20.

(1) The User must inspect the goods at the time of delivery by the courier, and if it does not meet the requirements or there are visible breakages and defects, refuse to accept it by the courier and notify the Provider immediately in the platform MYEWHEEL.COM.

(2) If the User does not refuse the goods from the courier and does not notify the Provider in the platform MYEWHEEL.COM, according to para. 1, the goods are considered approved as meeting the requirements, except for hidden defects.

(3) In case upon delivery of the goods the User wishes to refuse it and not to accept it, the costs for transport in both directions shall be at his expense.

Art. 21. The Supplier shall provide the necessary service for the goods in accordance with the provisions of Section XIII. COMPLAINTS.

Art. 22. For the cases not settled in this section, the rules of commercial sale, determined in the Commercial Law and the Consumer Protection Act, shall be applied.


IX. PROTECTION OF PERSONAL DATA

Art. 23.

(1) The Provider in the platform MYEWHEEL.COM takes measures for the protection of the personal data of the User according to the Law for protection of the personal data.

(2) For reasons of security of the personal data of the Users, the Provider in the platform MYEWHEEL.COM will send the data only to the email address, which was indicated by the Users at the moment of registration.

(3) The Provider in the MYEWHEEL.COM platform has the right to store data in the final communication device of the User unless the latter explicitly expresses his disagreement.

(4) The User or the User agrees that the Provider of the platform MYEWHEEL.COM has the right to send at any time electronic messages to the User or the Customer, including a newsletter or offers for purchase of goods, while there is a registration of the User or the User in the electronic Supplier's shop in the MYEWHEEL.COM platform.

(5) The User or the User agrees that the Provider of the MYEWHEEL.COM platform has the right to collect, store and process data on the behaviour of the User or the Customer when using the e-shop of the Provider in the MYEWHEEL.COM platform.

Art. 24.

(1) At any time, the Provider in the platform MYEWHEEL.COM has the right to require the User to identify himself and to certify the authenticity of each of the circumstances and personal data announced during registration.

(2) In case for any reason the User has forgotten or lost his name and password, the Provider of the platform MYEWHEEL.COM has the right to apply the announced "Procedure for lost or forgotten names and passwords", available at: https://www.myewheel.com/account/forgotten/


X. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 25.

(1) These general terms and conditions may be amended by the Provider of the platform MYEWHEEL.COM, for which the latter will notify all registered Users appropriately.

(2) The Provider in the platform MYEWHEEL.COM and the User agree that any addition and amendment of these general conditions will have an effect on the User in one of the following cases:

A) after the explicit notification by the Provider in the MYEWHEEL.COM platform and if the User does not declare within the 14-day period that he rejects them; or

B) after their publication on the website of the Provider in the platform MYEWHEEL.COM and if the User does not state within 14 days of their publication that he rejects them;

C) with the explicit acceptance by the User through his account on the website of the Provider in the platform MYEWHEEL.COM.

(3) The User agrees that all statements of the Provider in the platform MYEWHEEL.COM, in connection with the amendment of these general conditions, will be sent to the email address specified by the User during registration. The User agrees that emails sent in accordance with this article do not need to be signed with an electronic signature in order to have an effect on him.

Art. 26. The Provider publishes these general conditions at https://www.myewheel.com/terms-and-conditions/ together with all additions and amendments thereto.


XI. TERMINATION


Art. 27. The present general conditions and the contract of the User with the Provider in the platform MYEWHEEL.COM are terminated in the following cases:

• upon 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 any of the parties to the contract to perform its obligations;

• in case of seizure or sealing of the equipment by state bodies;

• in case of deletion of the User's registration in the MYEWHEEL.COM platform. In this case, the concluded but not executed contracts of sale remain in force and are subject to execution;

Art. 28. The Provider has the right at its discretion, without notice and without due compensation, to terminate the contract unilaterally if it finds that the User uses the platform MYEWHEEL.COM in violation of these general terms, legislation in the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practices in e-commerce.


XII. RESPONSIBILITY


Art. 29. The User undertakes to indemnify and release from liability the providers in the MYEWHEEL.COM platform and the Provider in case of lawsuits and other claims of third parties (whether justified or not), for all damages and costs, including attorney's fees and legal costs) arising out of or in connection with (1) non-performance of any of the obligations under this contract, (2) infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights, (3) improper transfer of other persons of the rights granted to the User for the term and under the terms of the contract and (4) falsely declaring the presence or absence of the quality of a consumer within the meaning of the Consumer Protection Act.

Art. 30. The Provider shall not be liable in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.

Art. 31.

(1) The Provider shall not be liable for damages caused by the User to third parties.

(2) The Provider is not liable for property or non-property damages, expressed in lost profits or damages caused to the User in the process of using or not using MYEWHEEL.COM and concluding sales contracts with the Provider.

(3) The Provider is not responsible for the time during which the platform was not available due to force majeure.

(4) The Provider is not responsible for damages from comments, opinions and publications under the products, news and articles in the platform MYEWHEEL.COM.

Art. 32.

(1) The Provider shall not bear responsibility in case of overcoming the security measures of the technical equipment and from this follows the loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.

(2) The Provider shall not be liable in case of concluding a contract of sale, providing access to information, loss or change of data occurred as a result of false identification of a third party, who presents himself as the User, if the circumstances may judges that this person is the User.

Art. 33. Before concluding the agreement, the Customer must familiarize himself with the local laws and restrictions imposed by the country in which he intends to use the personal electric vehicle/s. Some Member States of the European Union do not allow free movement of personal electrical vehicles on public roads and areas. In such cases, personal electric vehicles can be used only in private areas and zones that are allowed by the law in the country he resides and or uses the personal electric vehicle/s. The Provider shall not be held liable for non-compliance with the law.


XIII. COMPLAINTS

Art. 34.

(1) The Consumer has the right to a complaint, and upon presentation of such, the complete set of documents (including cash receipt/invoice, acceptance-transfer protocol, warranty card, etc.), as well as the goods, should be sent to the address Asenovgrad 4230, 11 Solunska str.

(2) The transport costs for sending a product for warranty service shall not be borne by MyEWheel LTD. 

(3) In case the product is sent for warranty service to another address, different from the one indicated in art. 33. (2), the transport costs will be at the expense of the User.

(4) If the Provider decides to accept the complaint and perform services under warranty, the Administrator is entitled to at least 14 days to perform the repairs. The Provider reserves the right to extend the diagnosis time and/or repairs time, when required (for example: when waiting for a solution from the manufacturer or when spare parts are not available on the market at the moment), but no more than 28 days for diagnosis and 28 days for repairs. An additional repair time extension may be done only after presenting alternative options to the Customer when the Customer agrees to continue with repairs and extend the servicing period,

(5) The guarantee is valid only for production/factory defects and discrepancies existing at the delivery of the goods and which have appeared during normal operation. 

(6) The warranty provided by the Provider covers factory defects of offered products for one or two years after receiving the new product(s) and one year for used/refurbished product/s, 

(7) The Provider's warranty does not cover products/elements that are subject to quick exploitation or usage-related damages (which are not defined as a factory defect). Examples of such products are inner tubes, tyres,

(8) The warranty is void, and the Customer pays the cost of the repair (and warranty service may be refused) in case of damage caused by:

- Improper use and/or improper storage.

- Damaged integrity of the warranty stickers.

- The product identification number (IMEI number), serial number or date code, if any, has been removed, deleted, damaged or is illegible in any way.

- Dropping, shock, applied pressure, spilt liquids.

- Attempt to repair by unauthorized persons or companies.

- Use of chargers, batteries and peripherals other than those supplied with the kit (including "smart charges", "intelligent chargers", fast chargers, charging accessories, adapters, boosters, "charge doctors", converters, etc.).

- The technical construction of the device is violated (modifications of the device that may affect the safety of use or the operation of the device itself)

- Faults in the electrical network, improper connection to the power supply, extreme environmental conditions or rapid changes in these conditions, natural disasters and other force majeure circumstances.

- Battery damage from non-use. If the Customer has done less than 300 kilometres in 12 months, then the batteries can heavily degrade due to not having enough charge cycles. Perfect conditions to keep the unicycle are at 21°C room temperature and at a charge between 40% and 70%.

- Battery damage from heavy use. If the Customer has ridden 3000+ kilometres a year, this will be considered heavy use.


XIV. OTHER TERMS

Art. 35.

(1) The User and the Provider in the platform MYEWHEEL.COM are obliged to mutually protect their rights and legal interests, as well as to keep their trade secrets, which became their property in the process of performance of the contract and these general conditions.

(2) The User and the Provider are obliged during and after the expiration of the period of the contract not to make public written or oral correspondence conducted between them. The publication of correspondence in print and electronic media, internet forums, personal or public websites, etc., can be considered public.

Art. 36. In case of conflict between these general terms and conditions in a special contract between the Provider in the platform MYEWHEEL.COM and the User, the provisions of the special contract shall apply with priority.

Art. 37. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.

Art. 38. The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract related to the implementation and interpretation of this contract.

Art. 39. These general terms and conditions enter into force for all Users on 01.09.2019.

Art. 40. The promo codes for discounts when purchasing products do not apply to goods that have already been reduced, another discount has been applied to them, except for promo codes, which are explicitly mentioned by the Supplier and are used for additional discounts.

Art. 41. The promo codes for discounts when purchasing products do not apply to goods that the User wishes to purchase on instalment/lease, regardless of whether the respective product is already at a reduced price or not.


Annexe № 1 - Standard form for exercising the right of withdrawal from the contract

(fill in and send this form only if you wish to withdraw from the contract)

 

- To MyEWheel LTD, UIC 206602994, with registered office and address of management: Bulgaria, Asenovgrad 4230, 11 Solunska Str.:

- I/We hereby notify that I/we refuse the contract concluded by me/us * for the purchase of the following goods:

- Ordered on * / received on *

- Name of the User (s)

- Address of the User (s)

- Signature of the User (s) (only if this form is on paper)

- Date

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* Strike out terms that do not apply.