Important: The GENERAL TERMS and CONDITIONS described below apply to all orders placed online, as well as to orders placed by phone at the telephone numbers indicated on the site. In order to improve the service, telephone calls may be recorded.
GENERAL TERMS
INTRODUCTION
The customer accepts without objection the present general terms and conditions of sale from the moment he completes the order via the button "I accept the general terms and conditions and confirm the order"
These general terms and conditions of sale, as well as the order confirmation, constitute the contract between Smartx.bg and the customer for the delivery of products on the territory of Bulgaria.
The contract cannot be changed unless Smartx.bg confirms its agreement to change it in writing or by e-mail.
The customer is informed that all products offered for sale on the website are new products that comply with current European legislation and standards applicable in Europe.
By accepting these general conditions of sale, the Customer confirms:
• that he is able to make decisions or that he has the authorization of the authorized person before committing to an order submitted to Smartx.bg;
• that he has familiarized himself, in addition to the information set out in these general terms and conditions, with the information on the main characteristics of the products he is ordering; this information is contained in the technical specifications of the products presented on the website; in this regard, Smartx.bg specifies that the photos of the products sold on the website are as reliable as possible, but cannot guarantee exact correspondence with the offered products; therefore, the photos are reproduced on the website for informational purposes only and without commitment to Smartx.bg.
If the customer believes that he is not competent enough to choose the most suitable products for his case, he has the opportunity to contact Smartx.bg by e-mail and/or by phone in order to obtain additional information about the products presented on the website products.
REGISTRATION
When registering, you must enter the address that will be used for delivery, first and last name, e-mail, contact phone(s). A password must also be selected. After successful registration, for each individual order, it is possible to correct the contact phone number and delivery address, as well as to specify a representative to accept the order. By placing an order, the customer makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, with which he declares that he is familiar with the present "General Terms and Conditions" and accepts them.
By submitting the order, the customer consents to Smartx.bg storing, processing and using the data collected on the basis of the order for the purposes of its processing. Some of this data may be transferred to companies involved in the delivery of the products.
The customer gives his consent and allows Smartx.bg to send him commercial messages by e-mail in connection with its products or services.
The personal data that Kanex.bg receives during registration will be used only for serving users - accepting and fulfilling orders, providing information in the form of a newsletter and contacting users in case of problems related to the order. Smartx.bg guarantees that the data in question will not be provided in any form to third parties or used for purposes other than those described above, except in the cases provided for in the current legislation.
Users subscribed to our newsletter can unsubscribe at any time. The user account of a specific user can be deleted from the Smartx.bg database, together with the data attached to it, at any time at the user's request.
ORDER
The customer can place an order through the website or by phone.
Orders are accepted on the site at any time, including weekends and public holidays. When finalizing the order, the customer has the opportunity to see a list of the products he is buying and their prices, his name, e-mail, phone, address, delivery method and payment method. After the finalization of the order, Smartx.bg notifies the acceptance by sending the customer a confirmation of the order to his e-mail address. You can monitor the status of current and previous orders from your profile. The online order on the website is protected. In case of wrongly entered or incomplete information (in particular the recipient's address), errors may occur during the execution of the order (in particular the delivery), for which Smartx.bg bears no responsibility. It is the customer's responsibility to check the accuracy of the products ordered, the quantities ordered, as well as the place of dispatch of the order.
Smartx.bg reserves the right to refuse the execution of any order submitted by the customer in the presence of a legal reason, in accordance with the current legislation.
An order can be canceled by Smartx.bg at any time in case of:
• unavailability of ordered products and/or impossibility to perform the requested services;
• non-payment by the client of the order price within the stipulated period;
• incorrectly specified or incomplete delivery address;
• lack of telephone for contact with the client;
• impossibility to connect with the customer on the phone indicated by him (there is no connection with the number, the customer does not answer the call)
• in the event of force majeure (in particular unforeseeable delay in delivery or damaged deliveries by carriers).
In the event of delivery problems due to Smartx.bg's fault, all additional costs are at the expense of Smartx.bg. In all other cases, subsequent shipment will be at the customer's expense.
REFUSAL OF ORDER
The customer has the right to return the goods purchased by him within 14 days from the date of receipt without having to give a reason, without paying a penalty or compensation and without paying any costs, except for the costs of return shipping of the goods . The value of the goods will be refunded or replaced depending on the customer's wishes.
Important!
1) the subject of the transaction must be in its original packaging, without signs of use or violation of the commercial appearance of the goods, in accordance with the provisions of Art. 55 of the Civil Code.
2) to attach the document issued when paying for the goods. In the general case, when goods are sent with Econt cash on delivery, this is the receipt for the Postal Money Order. This point does not apply in case of payment by bank transfer or bank card.
3) to send us an unambiguous request to withdraw from the contract - for example, an email.
4) the goods must be sent with the right of inspection, so that we can check their condition - they must be in their original packaging, without signs of use or violation of the commercial appearance of the goods.
5) the right to withdraw from the contract and return products does not apply to headphones of the "plug" type as sealed goods related to hygiene or health protection according to Art. 57, item 5 of the PPE.
PRICE
The final price of the order is calculated as the sum of the prices of the ordered products. All prices are in BGN with VAT included (not including delivery) and are not subject to change from the moment of ordering to the moment of payment. Smartx.bg has the right to change the prices announced on the site without prior notification to the users. In case of technical errors made when publishing the prices, Smartx.bg has the right to refuse the order and does not owe compensation in any way to the user. Smartx.bg undertakes to return the amount if it has been paid in advance.
Kanex.bg has the right to change the daily price promotions announced on the site without prior notification to users.
PAYMENT FOR PRODUCTS AND/OR SERVICES
Payment on delivery (cash on delivery): Upon receipt of the goods, the customer pays the amount due to the courier.
If the customer pays by bank transfer, the products will be provided, resp. services will be performed only after payment is received.
As part of the fight against Internet fraud, information related to a customer's order may be provided to third parties for verification.
In case of risk of non-payment of a transaction, Smartx.bg reserves the right to leave the order without consequence.
DELIVERY OF THE PRODUCTS OR SERVICES
The cost of delivery is paid separately and is not included in the price of the products on the site, unless it is explicitly stated that the goods are priced with delivery included. The shipping cost is automatically calculated by the system and appears in the cart after placing products in it. When the delivery is to an Econt office, the delivery price is paid to Econt and may differ up or down within small limits from the one calculated by the system
The data announced by the customer in the order obligates him in the following way: in case of an error when writing the contact details of the recipient of the delivery, Smartx.bg is not responsible for the possible inability to deliver the products.
A change of delivery address made after payment of an order is not taken into account in the delivery of products or services under that order. However, the customer may, at his own risk, request the carrier to change the delivery address. In this case, Smartx.bg is not responsible for possible delivery errors or loss of the shipment by the carrier.
The products and/or services are usually delivered or perform, within 1 to 11 working days after the order (excluding Saturdays, Sundays and public holidays).
Delivery and dispatch dates are given for information only and do not give rise to contractual obligations.
However, in the event of an unjustified delay in delivery, the customer will be notified.
When placing an order for several products or services, if one or more products are not available on the date of dispatch of the order, the customer can only receive delivery of the products available on that date.
In this case, Smartx.bg reimburses the Customer for the price of the undelivered products and/or services.
The risks associated with the products are transferred upon their delivery.
Delivery is carried out by a carrier and is certified by a receipt document in paper or electronic form, signed by the customer and/or another recipient specified by the customer in the order.
In case of damage during transport, inconsistency of the delivered products and/or services with the order or customer error in the order communicated in advance to Smartx.bg, the recipient must very precisely state his objections upon delivery, directly on the bill of lading
In this regard, it is the customer's responsibility to check the contents of the delivery as well as the conformity and condition of the products at the time of delivery.
This verification is considered to have been completed the moment the customer or a person authorized by him signs the bill of lading presented by the carrier.
If he has expressed objections, the Customer must necessarily refuse the delivery and demand from the carrier the immediate collection of the products, after having previously made sure that the conditions for returning the products have been met.
At a later stage, only claims for material non-conformities of the delivered products submitted under the conditions for a claim or under the statutory warranty for hidden defects can be accepted.
Refusal at the time of delivery of the ordered products by a customer can be considered as abuse if the customer cannot prove that the irregularities indicated in the delivery slip are actually present.
If Smartx.bg determines that the irregularities do exist, the customer's order will be canceled and processed in accordance with the conditions for returning goods above; it must be specified that no return costs will be payable by the customer for the immediate collection of the products by the carrier.
If a repeat delivery is desired, the customer must place a new order.
COMPLAINT
If there is a significant discrepancy between the delivered products and the order (the delivered item is different from the ordered item/s), the customer, who has not indicated any objections on the delivery slip, must take his claim to Smartx.bg, otherwise it will be declared as invalid. This must be done by e-mail through his personal profile on the site or by phone, no later than 14 (fourteen) working days after delivery, specifying:
• the order number;
• the catalog numbers and quantities of the ordered products;
• the catalog numbers of the products received
• the exact reason for the complaint.
If Smartx.bg detects an actual material discrepancy, the Customer's order will be canceled and processed in accordance with the stated conditions for this.
If a repeat delivery is desired, the customer must place a new order.
CUSTOMER'S RIGHT TO RETURN PRODUCTS
Statutory right of withdrawal from purchase
In accordance with the current legislation, if the customer is a non-professional user and is not satisfied with any of the purchased products or services, he can return the products, respectively cancel the relevant order for services, by contacting Kanex EOOD by e-mail, through his customer account or by phone within 14 working days from the delivery of the products (the dated signature on the bill of lading certifies the date of delivery).
Subject to the above-mentioned period of 14 (fourteen) days, the refund to the customer will be made within thirty days, starting from the date of delivery of the products or the conclusion of the relevant order for services.
It is possible that the return shipping costs will be deducted from the product refund.
In all cases, the refund of the amount for the ordered, delivered and then returned products will be carried out only on the condition that, after an examination of the returned products by Canex EOOD , it is established that they are intact and in good condition (without being used and without signs of installation) that the original commercial packaging is intact, not covered with tape and stickers of the courier.
Return of delivered products due to material non-conformity
In the event of a significant discrepancy between the delivered and ordered products and/or services, the customer, after submitting his complaint to Kanex EOOD under the conditions specified in the Complaints section, may return them to Kanex EOOD if he has received permission under the conditions provided for in said section.
If the customer has valid grounds for a complaint, no costs are due for the return of the products.
Returning products in case of an error in the Customer's order
In case of an error in his order (catalogue number, purpose, brand, quantity, addresses), the customer must contact Smartx.bg by e-mail no later than one hour after receiving his order confirmation, for to request its immediate cancellation. Cancellation of the order will lead, as the case may be, to the consequences provided for in the cancellation of order section, taking into account the following:
1. In the event that the shipment for the shipment of the ordered products has already been prepared or the services have been performed at the time Smartx.bg receives the cancellation request from the customer, the latter has no other option but to refuse the delivery of the ordered products or services, by requesting the carrier to immediately return the order and writing on the delivery slip "Refused" without signing the slip.
2. In all cases, the refund of the price of the ordered, delivered and then returned products will be made only on condition. that the returned products are examined by Kanex EOOD and judged to be intact and in good condition (unused and without signs of assembly).
A product means both the product itself and its packaging. In no case should the packaging be torn, soiled, stuck with stickers and tape or with inscriptions.
If the item is returned intact and damaged, Smartx.bg reserves the right to refuse a refund or withhold part of the product's sales price.
In case of non-reimbursement or withholding of part of the amount, the customer will receive an explanation by e-mail or by telephone.
If a repeat delivery is desired, the customer must place a new order.
Conditions for returning products
Smartx.bg will only accept returned products if the customer follows the following procedure:
1. To contact Kanex EOOD by email, through your customer profile on the site, to notify of your desire to return the product
2. To place the product in its original packaging, intact and without damage.
3. Place the original packaging in a protective packaging.
4. To contact Kanex EOOD to claim the shipment.
5. To hand over to the courier separately the shipment and separately - the ticket for transport.
Following this procedure makes it possible to ensure that the products will arrive at the correct destination in good condition and in the shortest possible time. If the customer does not follow this procedure, the returned products may not be accepted upon receipt.
Canex Ltd. reserves the right to reject any product that is not returned in accordance with the above conditions.
WARRANTY
The products offered by Canex Ltd. are in accordance with the current European legislation and the standards applicable in Europe.
The products sold by Canex Ltd. can only be used for their intended purpose. Canex Ltd. is in no case responsible for the consequences of improper use or application of a product.
The customer also benefits from the statutory warranty for hidden defects. Only products with a proven hidden defect are subject to return to Kanex EOOD for this reason.
The customer who declares that the product delivered by Canex Ltd. has a hidden defect must also provide proof of this.
Warranties do not cover:
• replacement of cosmetic accessories, etc.);
• abnormal or illegal use of the products;
• damages and their consequences during operation that does not correspond to the purpose of the product
• damages and their consequences related to external causes.
WARRANTY AND CLAIMS
In order for the complaint request to be accepted, the item must be presented in its original packaging and completeness, as well as be accompanied by the receipt issued by Econt when paying for the item, receipt or invoice. Unfortunately, without these conditions being met, the claim will not be honored. The request will be considered as soon as possible, in case of defect the item will be repaired or replaced with a new one.
A product upon request for a complaint is sent by the customer by courier at his expense. If a defect is found and the product is replaced or repaired, it is returned to the customer by courier at the Seller's expense, if no defect is found, the return is made at the customer's expense.
All goods presented on the site and/or sold in the online store have a legal guarantee for compliance of the goods with the contract of sale according to Art. 112-115 of the Civil Code.
The commercial guarantee provided by Kanex EOOD does not affect the rights of consumers arising from the guarantee under Art. 112-115 of the Civil Code. Regardless of the commercial guarantee, the seller is responsible for the non-compliance of the consumer goods with the sales contract according to the guarantee under Art. 112-115 of the Civil Code. Information on the rights of users arising from the legal guarantee under Art. 112-115 of the Civil Code
RESPONSIBILITY
Canex EOOD shall not be liable for any loss of revenue, loss of profit, loss of contracts, loss of data, or any other damage, indirect or consequential, even if caused by its fault (including negligence ).
The full liability of Smartx.bg is limited, regardless of the reason, to the amount paid by the customer for the relevant products and/or services.
FORCE MAJEURE CIRCUMSTANCES
In particular, the following cases are considered as force majeure: wars, lockouts, riots, strikes, coup d'état, natural disasters.
Smartx.bg is not responsible for failure to fulfill any of its obligations under the contract, insofar as this failure is due to a case of force majeure and the event could not have been reasonably foreseen, avoided or overcome.
GENERAL PROVISIONS
If any provision of the contract is found to be in conflict with any applicable law or regulation, that provision shall be deemed invalid without affecting the validity of the other provisions of the contract.
Any amendment to the contract will be subject to an additional agreement concluded by mutual consent of the parties expressed in writing.