General terms

for use of the website www.hermespoints.com

GENERAL TERMS AND CONDITIONS OF THE HERMES ONLINE STORE

I. PROVIDER DATA

Art. 1. (1) These general conditions are intended to regulate the relationship between "Hermes" Ltd, EIK 124696663, with headquarters and management address: Dobrich, p.k. 9300, Georgi Kirkov St. No. 76, hereinafter referred to for brevity SUPPLIER, and the customers referred to below USERS, on the e-commerce platform https://www.hermespoints.com, hereinafter also referred to as “the Platform" , "HERMES" or "Online Shop".

(2) The Provider provides services to its Users through the Platform, and these General Terms and Conditions are binding for all Customers.

(3) Users are considered to have been notified and express their agreement with these General Terms and Conditions before registering on the Platform or at the latest when making the request to purchase goods from the online store.

II. PROVIDER DATA

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

  1. Name of the Supplier: "Hermes" OOD
  2. Headquarters and address of management: Dobrich, p.k. 9300, 76 Georgi Kirkov St
  3. Address for exercising the activity and address for submitting complaints by users: Dobrich, Nezavisimost 14, e-mail address: hermes@abv.bg; contact phone number:  089 220 1241;
  4. Correspondence information: Dobrich, 14 Nezavisimost St., phone 089 220 1241;
  5. Entry in public registers: EIK 124696663,
  6. Supervisors:

(1) Commission for the Protection of Personal Data
Address: Sofia, "Prof. Tsvetan Lazarov" No. 2,
tel.: (02) 915 35 19
E-mail: kzld@cpdp.bg
Website: www.cpdp.bg

(2) Consumer Protection Commission
Адрес: 1000 гр. София, пл.“Славейков“ №4А, ет.3, 4 и 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18

Адрес: 9300 гр. Добрич, пл. „Свобода“ № 5, ет. 5,
tel.: 058/604067

hotline: 0700 111 22
Website: www.kzp.bg

  1. Registration under the Value Added Tax Act No. BG124696663

III. DEFINITIONS

  1. User – any individual or legal entity or other legal entity that accesses the Content through selected means of communication.
  2. The platform – stands for “HERMES” or “online store” and is available at www.hermespoints.com.
  3. Account/Personal Profile – a section of the Platform, formed by two names, email address and password, which contains information about the User (Favorite products, Personal comments) and the history of some of his actions on the Platform (Orders, tax invoices, etc.), according to which the User uses the functionalities of the Platform. The User is responsible and ensures that all information entered in the Account is true, complete and up-to-date.
  4. Favorite products – a section in the account that allows the User to create his own lists of Goods, which he could use for possible purchases through the Platform;
  5. List - a section in the "Favorite Products" section, where the User can add Goods he is interested in
  6. Cart – a section in the Account that allows the User to add Goods that he wishes to buy at the time of their addition or at a later stage;
  7. Checkout – an electronic document representing an information form between the Supplier and the User, through which the User declares to the Supplier, through the Platform, his intention to purchase Goods from the Platform.
  8. Product(s) – each product described by its features on the Platform, including products selected by the User in the Order, which are provided by the Supplier as a result of a Contract concluded through the Platform.
  9. Campaign - any advertising message aimed at promoting the Platform, the Hermes brand or certain Goods offered by the Supplier and/or other marketing activities carried out by the Supplier.
  10. A contract - represents a remote contract concluded between the Supplier and the User for the purchase and sale of Goods through the Platform, an integral part of which are the present General Terms and Conditions for the use of the Platform.
  11. Content
  • all information on the Platform that is accessible by connecting to the Internet and using an Internet-connected device;
  • the content of any message from the User to the Provider sent by electronic means and/or any other available means of communication through the Platform or otherwise;
  • any information provided, in any way, by an employee/collaborator of the Provider to the User through electronic or other means for its remote transmission;
  • the information related to the Goods and/or applied tariffs/price lists by the Supplier in a certain period of time;
  • the information concerning the Users and related to the Goods and/or the applicable tariffs from third parties with whom the Supplier has entered into partnership agreements in some form;
  • data about the Provider.
  1. Commercial messages – any type of message sent via electronic communication channels (such as e-mail, SMS, Viber, Facebook, etc.), containing general and thematic information, information about similar or relevant products to the purchased ones, information about offers or promotions, information about the Goods and Services added in the "Account/My Cart" section or in the "Account/Favorites" section, as well as other commercial communications such as market and consumer research.
  2. Specifications – all characteristics and/or descriptions of the Goods, as indicated in their description.
  3. User - any natural person who acquires goods that are not intended for commercial or professional activity, and any natural person who, as a party to a contract, acts outside the scope of his commercial or professional activity.
  4. Customer – Any individual or legal entity or other legal entity that enters into a contract for the purchase and sale of goods through the platform HERMES.
  5. Corporate client - Any natural person, legal entity or other legal entity that purchases goods through the platform HERMES for carrying out a commercial or professional activity or which, as a party to a contract with HERMES, acts within the scope of his commercial or professional activity, for example a self-employed person, a self-employed person or a sole trader.

 

  1. FEATURES OF THE PLATFORM

Art. 3. "HERMES" is an online store, available at an address on the Internet https://www.hermespoints.com, on which trade is carried out with a wide range of goods (called for short "the goods"), through which the Users have the opportunity to enter into contracts for the purchase and sale and delivery of the goods offered by the Supplier on the platform, including the following:

  1. Register and create a profile to view the Provider's electronic store and use the additional services offered by the Platform;
  2. To use the functionalities of the Supplier's electronic store, including viewing and ordering goods without creating a personal profile on the platform;
  3. Leave comments and ratings on products and use the online store form to receive additional information;
  4. To review the goods, their characteristics, prices and terms of delivery;
  5. To enter into contracts with the Supplier for the purchase and sale and delivery of the goods offered on the "HERMES" platform;
  6. To receive information about new goods offered by the Supplier in the online store;
  7. To make electronic statements in connection with the conclusion or execution of contracts with the Supplier on the Platform through the interface of the "HERMES" page available on the Internet;
  8. To be notified of the rights arising from the law, primarily through the interface of the "HERMES" Platform on the Internet;
  9. To exercise their right to opt out, where applicable, under the Consumer Protection Act.

Art. 4. The Supplier in the Platform organizes and/or carries out the delivery of the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.

Art. 5. (1) Users conclude a contract for the purchase and sale of the goods with the Supplier on the "HERMES" Platform, at https://www.hermespoints.com. The contract is concluded in Bulgarian and is stored in the database of the Supplier in the Platform.

(2) In order to conclude the contract, the Customer places an order after selecting the type and number of desired goods from the website catalog. All goods, including those on promotion/discount, are sold and delivered while supplies last, even if this is not explicitly stated on the Platform.

(3) Pursuant to the contract concluded with the Users for the purchase and sale of goods, the Supplier undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the interface on the Platform. Users have the right to correct errors when entering information no later than submitting the statement to conclude the contract with the Supplier on the HERMES platform.

(4) Users pay the Platform Provider "HERMES" remuneration for the delivered goods in accordance with the conditions specified in the electronic store and these general terms and conditions. The reward is equal to the price announced on the HERMES platform. All prices of the goods in the electronic store are announced in Bulgarian leva, including VAT and all other taxes or fees required by law.

Art. 6. (1) The User and the Provider on the HERMES platform agree that all statements between them in connection with the conclusion and execution of the sales contract can be made electronically and through electronic statements within the meaning of the Law on Electronic Documents and Electronic Authentication Services and Art. . 11 of the Electronic Commerce Act.

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

Art. 7. The contract between the Supplier and the User is considered concluded upon confirmation by the Supplier of the parameters and the way of carrying out the order, including availability of the type and number of goods selected by the User, delivery method, final price of the order.

Art. 8. The platform is not responsible for the safety and quality of the goods offered by the respective manufacturer or distributor, and is not bound by production guarantees.

  1. CREATE PERSONAL HERMES PROFILE

Art. 9. (1) One of the possibilities for using the Platform is by creating a Personal Profile (Account) by the User by entering an e-mail and password of his choice for remote access.

(2) Е-мейлът и паролата за отдалечен достъп на Ползвателя се определят от него, при извършване на онлайн регистрация в сайта на платформата, съобразно посочената в него процедура. С попълване на данните си и натискане на бутона „Регистрация“, Ползвателят  декларира, че е запознат с тези Общи условия, съгласен е с тяхното съдържание и се задължава безусловно да ги спазва.

(3) The Platform Provider confirms the User's registration by sending an email to the email address specified by the User.

(4) When registering, the User undertakes to provide correct and up-to-date data. The user undertakes to promptly update the data specified during registration in the event of a change.

(5) After completing the registration, if the User wishes to use the functionalities of the electronic store through his personal profile, the User should additionally enter a telephone number; full and accurate delivery address, in case delivery will be requested to his personal address; data for issuing an invoice, in case the User wishes to be issued an invoice for the order placed.

(6) By creating a Personal Profile (registration) on the Platform, the User agrees and undertakes to comply with the applicable requirements of Bulgarian legislation, these General Terms and Conditions, the rules of ethics and morality.

(7) The user undertakes, when using his profile on the Platform, not to violate someone else's property or non-property rights, including intellectual property rights.

(8) The User undertakes to immediately notify the Provider of any violation in connection with actions carried out on the Platform by third parties, including in the case of unauthorized access to his Account.

(9) The user undertakes to take all care and take the necessary measures to protect his username and password.

  1. CONTRACT THROUGH THE HERMES PLATFORM

Art. 10. (1) Users use the interface of the Provider's page in the "HERMES" Platform to enter into contracts for the purchase and sale of the goods offered in the electronic store.

Art. 11. Users conclude the contract for the purchase and sale of the goods on the "HERMES" Platform according to the following procedure:

(1) Login to the e-shop available on the website https://www.hermespoints.com;

(2) Selecting the type and quantity of desired goods offered by the Supplier on the "HERMES" Platform and adding them to a list of goods for purchase in the Cart;

(3) Provision of the necessary data for the identification of the User as a party to the contract;

(4) Provision of data for making the delivery;

(5) Acceptance of these General Terms and Conditions as well as the Privacy Policy posted on https://www.hermespoints.com and finalizing the order by pressing the "Complete order" button;

(6) Confirmation by the Supplier by contacting the User at the telephone number indicated by him, which establishes valid contractual relations between the parties.

Art. 12. In order to use "HERMES" to conclude contracts for the purchase and sale of goods, the User can use his created personal account or use the Platform without creating an Account.

Art. 13. At any time before completing the order, the User can change the goods he has selected.

Art. 14. (1) After selecting the desired product and entering the necessary data to fulfill the order, the conditions and methods of delivery of the product are visualized in front of the Customer.

(2) The User confirms the method of delivery according to the methods provided in the platform - via a courier company to an address specified by the User. The cost of delivery is for the account of the User and is announced upon completion of the order of the goods.

(3) The user, who has the status of "corporate client" and has concluded a purchase and sale contract, has the option of personally picking up his shipment from the Supplier's warehouse in Sofia or receiving it via HERMES transport.

Art. 15. (1) After determining the delivery method, the User presses the "Proceed to payment" button, where the terms of the order are fulfilled - the price of the product is displayed on the screen. In the event that the value of the entire order is not sufficient to provide the goods with free delivery, a message is displayed on the screen that the cost of delivery is due by the User and depends on the weight, volume and delivery time.

(2) The user pays the price upon receipt of the order according to the specified delivery method. The platform does not provide an opportunity to pay for the selected goods by means of electronic means of payment for his account in the ways provided for in this platform.

(3) The prices of the goods listed on the Platform, offered by the Supplier, are indicated in Bulgarian levs, refer to a unit of goods and are final prices (including VAT).

Art. 16. After reviewing and approving the data for the implementation of the order, the User declares that he is 16 years old and accepts the present General Terms and Conditions and the Information on the protection of personal data published on the Platform by ticking the relevant checkbox spaces.

(2) By pressing the "Complete order" button, the User finalizes the order by sending his request to the Supplier.

Art. 17. After receiving the request, the Supplier processes it and contacts the User on the telephone number specified by him to agree on the parameters of the order. Upon confirmation of the order parameters by the Supplier, valid contractual relations arise between the parties.

VII. PERFORMANCE OF AGREEMENT

Art. 18. (1) The Supplier in the "HERMES" Platform can make the delivery in person or organize the delivery and handover of the goods to the User by a relevant courier within the period specified at the conclusion of the contract, which is agreed upon when the order is confirmed through the telephone conversation with the User.

(2) If the term under para. 1 is not expressly agreed between the parties at the conclusion of the contract, the Supplier organizes the delivery and handover within 30 calendar days, starting from the date following the sending of the User's order to the Supplier through the Platform. In the event of force majeure and/or other circumstances beyond the control of the Supplier, due to which the goods cannot be delivered to the User, the Supplier will duly notify the User, and the contract will be terminated due to the objective impossibility of its performance.

Art. 19. (1) The Supplier and the Users conclude separate contracts for the purchase and sale of the goods requested by the Users, regardless of the fact that they are selected with one electronic statement and from one list of goods for purchase.

(2) The supplier can organize together and simultaneously the delivery of the goods ordered with the separate sales contracts.

(3) The rights of the Users in relation to the delivered goods are exercised separately for each sales contract. The exercise of rights in relation to a delivered good does not affect and has no effect in relation to the contracts for the purchase and sale of the other 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 of withdrawal from the contract for the purchase and sale of certain goods does not affect the contracts for the purchase and sale of the other goods delivered to the user.

(4) In the case of delivery of goods that are delivered as a promotional item together with other goods in a set, the delivery and return rules of the relevant set, as announced in the product profile in the e-shop, shall apply with priority.

Art. 20. (1) The user pays the price for the individual purchase and sale contracts at once upon delivery of the goods by cash on delivery.

(2) In respect of goods supplied on a promotional basis together with other goods in a set, the price for the set applies only as a whole and is inseparable from individual goods in the set.

(3) In the event that the Supplier accepts the return of one product from a set under para. 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 electronic store of the Supplier, when they are not offered in a set with each other.

Art. 21. (1) The User must inspect the goods at the time of delivery and handover and, if they do not meet the requirements, notify the Supplier immediately on the "HERMES" Platform.

(2) If the User does not notify the Supplier according to para. 1 the goods are considered approved as conforming to the requirements, except in the presence of hidden defects.

(3) Complaints for missing goods or for goods with a visible defect are accepted by the Supplier only in the event that it is presented at the time of receipt of the goods and in the presence of the courier who delivered the goods, which is certified in writing with the signature of the User and the courier.

(4) In case of missing elements or visible defects of the goods purchased by the User, established upon receipt, the Platform sends the missing elements or defective parts at its own expense.

(5) If a defect appears in the product during normal operating conditions until the expiration of its warranty period, the User is obliged to immediately notify an authorized representative of "HERMES". In order to eliminate the resulting defect, the User must, at his own expense, send the defective product to the address indicated by "HERMES" for the elimination of the problem. The transport costs of returning the repaired product from HERMES to the User are at the expense of HERMES. The policy for covering transport costs under the previous sentence does not apply to the User who has the status of a consumer within the meaning of the Consumer Protection Act.

(6) Claims for defects that could not be established at the time of delivery can be submitted within the terms and conditions according to Bulgarian legislation.

(7) When submitting a complaint, the User is obliged to attach the following documents:

  1. receipt or invoice;
  2. photographic material or description of the defect;
  3. other documents establishing the non-compliance of the goods with the agreed.

(8) In the event that the User does not submit a complaint to "HERMES" within the legal terms, this is considered as approval of the goods.

(9) For goods for which there is a commercial guarantee, complaints are satisfied in accordance with the terms of the guarantee.

(10) The supplier on the HERMES platform has no obligation to provide the necessary service for the goods.

Art. 22. When exercising any of his rights under the sales contract, the User is obliged to specify precisely and unequivocally the contract and the goods in respect of which he is exercising his rights.

Art. 23. For cases not regulated in this section, the commercial sale rules defined in the Commercial Act and the Consumer Protection Act apply.

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

Art. 24. The rules of this section VII of these general conditions apply only to Users who, according to the data specified for the conclusion of the sales contract or during the registration in "HERMES", it can be concluded that they are users within the meaning of the Law for consumer protection, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of October 25, 2011.

Art. 25. (1) The main characteristics of the goods offered by the Supplier on the HERMES Platform are defined in the profile of each good on the HERMES Platform.

(2) The price of the goods, including all taxes and fees, is determined by the Supplier on the HERMES Platform in the profile of each product on the HERMES Platform.

(3) The value of the delivery costs are not included in the price of the goods and are determined by the weight of the ordered goods, according to the courier's tariff. The term in which it is possible to fulfill the order and the exact value are agreed with the User by phone or e-mail.

(4) The methods of payment, delivery and execution of the contract are defined in these general conditions and the information provided to the User through the mechanisms in the "HERMES" Platform.

(5) The information provided to the Users under this article is current at the time of its visualization on the "HERMES" Platform before the conclusion of the sales contract.

Art. 26. (1) The User has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 14 days, counting from the date of acceptance of the goods by the Supplier, using the single contract withdrawal form available on the Supplier's website at the "HERMES" platform at https://www.hermespoints.com/terms and in Appendix No. 1 to these general terms and conditions. Information on exercising the right of withdrawal is available at  https://www.hermespoints.com/terms and in Appendix No. 2 to these general terms and conditions.

(2) The right of refusal under para. 1 does not apply in the following cases:

  1. for the delivery of goods made to the order of the user or according to his individual requirements;
  2. for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
  3. for the delivery of sealed goods which have been unsealed after their delivery and cannot be returned for hygiene or health protection reasons;
  4. for the delivery of goods which, after being delivered and due to their nature, have been mixed with other goods from which they cannot be separated;

(3) When the supplier on the HERMES platform has not fulfilled its obligations to provide information, defined in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of up to one year and 14 days, starting from the date of receipt of the goods. When the information is provided to the user within the period of refusal, the same begins to run from the date of its provision. The user has the right to make the statement of refusal under this article directly to the Provider through the uniform contract refusal form (Appendix No. 1), available on the Provider's website on the HERMES Platform at https://www.hermespoints.com/terms to these general conditions.

(4) When the User has exercised his right to withdraw from the contract remotely, the Provider shall refund all sums paid by the User without undue delay and no later than 14 days from the date on which he was notified of the User's decision to withdraw from the contract. The Provider refunds the amounts received using the same means of payment used by the User in the initial transaction, unless the User has expressed his express consent to use another means of payment and provided that this is not associated with costs for the User.

(5) When exercising the right of refusal, the costs of returning the delivered goods are deducted from the refund amounts under para. 4, except in cases where the User organizes the return of the goods himself and at his own expense. The Supplier has no obligation to reimburse the additional costs of delivery of the goods when the user has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.

(6) The User undertakes to store the goods received from the Supplier on the platform and to ensure the preservation of their quality and safety during the period under para. 1.

(7) The User may exercise his right to withdraw from the contract with the Provider by making a written statement to the Provider using the standard contract withdrawal form available at https://www.hermespoints.com/terms in the "HERMES" Platform and in Appendix No. 1 to these General Terms and Conditions.

(8) Where the supplier on the HERMES Platform has not offered to collect the goods himself, he may withhold payment of the amounts to the User until he receives the goods or until the user provides proof that he has sent the goods back, depending on which of the two happened earlier.

(9) In the case of delivery of goods that are delivered as a promotional item together with other goods in a set (so-called bundle goods), upon exercising the User's right of refusal under this article and the requirements of the Consumer Protection Act, the User shall be reimbursed the relevant reduced amount of an individual price of the goods taking into account the ratio of the prices of the goods in the electronic store when they are not purchased together (ie the ratio between the non-discounted prices of the goods).

(10) Regardless of the above hypotheses, the User undertakes to return the goods in a commercial form that allows their subsequent sale, unless the unpacking of the goods leads to an obvious violation of the commercial appearance of the goods, such as, but not limited to, a destructible box, hermetic packaging and other similar cases. In the case of a damaged commercial appearance of the goods, the Supplier has the right at its discretion to refuse to accept a withdrawal from the contract or to charge the User the costs of restoring the goods in a commercial appearance.

(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 relation to the bonus content belonging to the goods.

Art. 27. (1) The term of delivery of the goods is determined for each good separately when concluding the contract with the user through the Supplier's website on the "HERMES" Platform.

(2) In the event that the User and the Supplier in the HERMES platform have not determined a delivery time, the delivery time of the goods is 30 calendar days, starting from the date following the sending of the User's order to the Supplier through the Supplier's website in the "HERMES" Platform.

Art. 28. The supplier in the "HERMES" Platform undertakes to comply with all the requirements established in the Bulgarian legislation regarding the goods sold.

  1. PROTECTION OF PERSONAL DATA

Art. 29. (1) The provider on the HERMES platform takes measures to protect the User's personal data in accordance with the Personal Data Protection Act and notifies the User of the processed personal data and his rights in this regard through the Personal Data Protection Information available at: https://www.hermespoints.com/privacy

(2) For reasons of security of the Users' personal data, the Provider in the HERMES platform will send the data only to the e-mail address that was specified by the Users at the time of registration.

(3) The provider in the HERMES platform has the right to store data in the end communication device of the User, unless the latter expressly expresses his disagreement to this.

(4) The User or the User agrees that the Provider of the HERMES platform has the right to send electronic messages to the User or the User at any time, including a newsletter or offers for the purchase of goods, while the User's or User's registration is available in the Provider's electronic store on the platform HERMES.

(5) The User or the User agrees that the Provider of the HERMES platform has the right to collect, store and process data about the User's or User's behavior when using the Provider's electronic store on the HERMES platform.

Art. 30. (1) At any moment, the Provider on the HERMES platform has the right to require the User to identify himself and certify the authenticity of each of the circumstances and personal data announced during registration.

(2) In the event that for some reason the User has forgotten or lost their username and password, the Provider of the HERMES platform has the right to apply the option "Forgot password available at: https://hermespoints.com/reset-password/

  1. INTELLECTUAL PROPERTY

Art. 31. All components of the content of the Platform, including text, drawings, graphics, sketches, photos, design, video, software programs, etc., are the subject of copyright within the meaning of the Copyright Act and related rights and are the property of the Provider and /or its partners.

  1. PROVIDING INFORMATION

Art. 32. (1) The Platform contains links to external websites. These links are provided to help Users more easily and quickly find services and/or products that may be of interest to them. Users decide for themselves whether the services and/or products provided by these websites correspond to their purposes.

(2) The provider is not responsible for the accuracy and up-to-dateness of the information contained in external sites, as well as for any type of change of information undertaken by the person who administers it, or due to technical or other reasons.

(3) The Provider is not responsible for damages suffered as a result of actions taken by Users and other third parties based on the use of the published information.

 

XII. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS

Art. 33. (1) These general conditions may be updated and amended by the Provider of the "HERMES" Platform, in order to reflect any factual, legal or other changes related to the functioning of the online store or the activities of the Provider. The updated version of the General Terms and Conditions is brought to the attention of all registered Users in an appropriate way and in the shortest possible time. The General Terms and Conditions that were in force at the time of the conclusion of the distance contract between the Provider and the Users shall apply to each transaction through the Platform.

(2) The Provider on the "HERMES" Platform and the User agree that any addition and amendment to these General Terms and Conditions will be effective against the User in one of the following cases after their publication on the Provider's website on the "HERMES" Platform and if the User does not state within one month of their publication that he rejects them;

Art. 34. (1) The provider publishes these general terms and conditions at https://www.hermespoints.com/terms together with all additions and amendments thereto.

(2) By accepting these General Terms and Conditions, the Client agrees that the Provider has the right at any time to change the form and content of this web platform, as well as to temporarily stop its operation in order to renew the content or improve the functionality of the platform, as well as for other reasons of a technical nature.

XIII. TERMINATION

Art. 35. The present general terms and conditions and the User's contract with the Provider in the "HERMES" Platform 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 agreement of the parties in writing;
  • in case of objective inability of one of the parties to the contract to fulfill its obligations;
  • when the equipment is seized or sealed by state authorities;
  • in case of deletion of the User's registration in the "HERMES" Platform. In this case, the concluded but unexecuted purchase and sale contracts remain valid and enforceable;

Art. 36. The Supplier has the right at its discretion, without giving notice and without paying compensation, to unilaterally terminate the contract, in case it finds that the User is using the "HERMES" Platform in violation of these General Terms and Conditions, the legislation of the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practice in electronic commerce.

XIV. RESPONSIBILITY

Art. 37. The User undertakes to indemnify and indemnify the Provider and/or its partners in the "HERMES" Platform, including in the event of legal claims and other claims of third parties (whether justified or not), for all damages and costs ( (including attorneys' fees and legal costs) arising out of or in connection with (1) failure to perform any of the obligations under this Agreement, (2) infringement of copyright, production, broadcast or other intellectual or industrial property rights, ( 3) illegal transfer to 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 status of user within the meaning of the Consumer Protection Act.

Art. 38. The provider is not responsible in case of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.

Art. 39. (1) The Provider is not responsible for damages caused by the User to third parties.

(2) The Supplier is not responsible for property or non-property damages, expressed in lost benefits or suffered damages, caused to the User in the process of using or not using "HERMES" and concluding sales contracts with the Supplier.

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

(4) The supplier is not responsible for damages from comments, opinions and publications under the products, news and articles on the HERMES platform.

Art. 40. (1) In view of the due care taken, the Provider is not responsible in case of overcoming the security measures of the technical equipment and the resulting loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.

(2) The Provider is not responsible in the event of the conclusion of a sales contract, provision of access to information, loss or change of data occurring as a result of false identification of a third party who presents himself as the User, if it can be judged from the circumstances that that person is the User.

  1. OTHER TERMS

Art. 41. (1) The User and the Provider on the "HERMES" platform undertake to protect each other's rights and legal interests, as well as to protect their trade secrets, which became their knowledge in the process of executing the contract and these general conditions.

(2) The User and the Provider undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence between them. Publication of correspondence in print and electronic media, Internet forums, private or public websites, etc. may be considered public domain.

(3) The User has the right to refer all disputes with the Provider regarding the performance of this contract to the out-of-court alternative dispute resolution (ADR) platform available at 

https://webgate.ec.europa.eu/odr/main/?event=main.home.show

Art. 42. In the event of a conflict between these general terms and conditions and provisions in a special contract between the Provider on the HERMES platform and the User, the clauses of the special contract shall prevail.

Art. 43. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.

Art. 44. The laws of the Republic of Bulgaria shall apply to matters not settled in this contract, related to the implementation and interpretation of this contract.

Art. 45. These general terms and conditions enter into force for all Users on 01.01.2024 with the last amendment from 29.12.2023.

 

Appendix No. 1 – Standard form for exercising the right to withdraw from the contract

Standard form for exercising the right to withdraw from the contract:

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

- To "Hermes" OOD, EIK 124696663, with registered office and management address: Dobrich, 76 Georgi Kirkov Street,:

– I/we hereby notify* that I/we renounce* the contract concluded by me/us* for the purchase of the following goods*/for the provision of the following service*

– 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

––––––––––––––––––

* Unnecessary is crossed out.

Appendix No. 2 – Information on exercising the right to withdraw from the contract

Information on exercising the right to withdraw from the contract

Standard opt-out guidelines:

  1. Right to withdraw from the contract remotely or off-premises.
  2. II. You have the right to withdraw from this contract without giving reasons within 14 days.
  3. II The cancellation period is 14 days from the date on which you or a third party, other than the carrier and indicated by you, took possession of the goods.

To exercise your right of withdrawal, you must notify us at the contact details provided on HERMES and of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

You may use the attached standard opt-out form, but this is not required. You can also complete and submit electronically the standard opt-out form or other unambiguous opt-out application on our HERMES website. If you use this option, we will immediately send you in a durable medium (eg by e-mail) a message confirming receipt of the opt-out.

In order to comply with the withdrawal period, it is sufficient to send your message regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.

  1. Action of refusal.

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs associated with a delivery method chosen by you other than the cheapest standard delivery method, offered by us), without undue delay and in any case no later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We will make the refund to the bank account specified by you; in any event, this refund will be at no cost to you.

We have the right to delay refunds until we receive the goods back or until you provide us with evidence that you have sent back the goods, whichever occurs first.
You must bear the direct costs of returning the goods. Costs are expected to not exceed the approximate cost of delivery or standard courier service.

You are solely responsible for any reduction in the value of the goods as a result of testing them other than as necessary to determine their nature, characteristics and proper functioning.

Additional user information see at https://www.hermespoints.com

Cart0
You have no products in your cart!
Continue shopping