General terms and conditions of KIKA GROUP Ltd. for the use of the ONLINE STORE https://kikkaboo.bg and for the purchase of goods through it

These General Terms and Conditions govern the relationship between KIKA GROUP LTD ('Vendor') and the users of the websites and services located on the website https://kikkaboo.bg ('Users').

KIKA GROUP Ltd, is a company registered under the Commercial Act of the Republic of Bulgaria with UIC 203763896, address Plovdiv 121 Vasil Levski, email address: office@kikkaboo.com, phone: 032 515151

Please read the published Terms and Conditions in full before using the information and commercial services offered on the Site ('Services').

This document contains information about the activities of KIKA GROUP LTD, and the general terms and conditions for the use of the services provided by KIKA GROUP LTD, governing the relationship between us and each of our users.

Confirming the General Terms and Conditions is a necessary and mandatory condition for concluding the contract between the User and the Vendor.

By accepting the General Terms and Conditions, the User agrees that their personal data will be processed on the basis of the contract concluded between them and the Vendor.

I. Definitions

For the purposes of these General Terms and Conditions, the following terms shall be understood as follows:

• Site - https://kikkaboo.bg and all its subpages.
• User - any natural person who acquires goods that are not intended for the performance of commercial or professional activities, and any natural person who acts outside the scope of their commercial or professional activity as a party to a contract under this law.
• Terms and Conditions - these General Terms and Conditions, which include conditions for use, cookies, registration and delivery rules, voluntary dispute resolution, contract withdrawal and exchange forms, and any other legally significant information found on the Site.
• Personal Data - information about a natural person that reveals their physical, psychological, mental, family, economic, cultural, or social identity.
• Goods - tangible movable property, excluding items sold by way of execution or other measures by authorized bodies by law, as well as items abandoned or confiscated in favour of the state, announced for sale by state authorities.
• Sales Contract - a contract under which the Vendor transfers or undertakes to transfer the ownership of goods to the User, and the User pays or undertakes to pay the price for them.
• Alternative Consumer Dispute Resolution Procedure - a procedure for out-of-court resolution of consumer disputes that meets the requirements of this law and is carried out by an alternative consumer dispute resolution body.

II. Services Provided

1. On the Site, Users have the opportunity to conclude sales and delivery contracts for the goods offered by the Vendor.

III. Ordering

2. The users use the website interface to conclude contracts with the Vendor for the sale and delivery of the offered goods and their delivery within the territory of the Republic of Bulgaria.

3. The contract for the sale of a product shall be considered to be concluded from the moment the order is confirmed by the Vendor.

4. The Vendor reserves the right to refuse the order if a specific item is unavailable or if it is unable to perform a specific service.

5. After selecting one or more goods offered on the Vendor's website, the User must add them to their shopping list.

6. The User must provide the details for execution of the delivery and select the method and time of payment of the price, after which they must confirm the order through the website interface.

7. When placing an order the User will receive an email confirmation that their order has been accepted.

8. The Vendor has the right to refuse to conclude a contract with a User who is behaving improperly.

9. The Vendor has the right to consider the User to be behaving improperly in cases where:

   • The User does not comply with the Terms and Conditions;
   • Unfair, arrogant, or rude treatment of the Vendor's representatives is found;
   • Systematic abuses by the User against the Vendor have been established.

IV. Subcontractors

10. The User agrees that when ordering goods from the Vendor's website, the Vendor may assign the execution of the contract to a third party which will deliver the ordered goods to the User. User consent is not required for the use of a subcontractor.

11. The subcontractors used by the Vendor are not party to the contract between the Vendor and the User.

V. Prices

12. The prices of the goods offered are those indicated on the Vendor's website at the time of placing the order, except in cases of obvious error.

13. The prices of the goods include VAT where applicable.

14. The Vendor reserves the right to change the prices of the goods offered on the site at any time and without notice and such changes will not affect any orders already placed.

15. The Vendor may provide discounts for the goods offered on the Site, in accordance with Bulgarian legislation and rules set by the Vendor. The rules applicable to such discounts are shown where the discount is displayed. Discounts may be provided in various forms (e.g. promotions, loyalty discounts, provided individually, randomly or as a result of participation in a competition or a customer survey).

16. Different types of discounts cannot be combined when ordering and purchasing the same item.

17. When the User returns goods for which there is a right to a refund for any reason, the price subject to a refund shall be reduced by the value of the discount applied to the goods and only the amount actually paid shall be refundable.

VI. Payment

18. The user can pay the price of the ordered goods using the following methods:

• Cash on delivery or postal money transfer in accordance with the terms and conditions of the respective third party offering the payment service.

19. The Vendor reserves the right to establish other methods of payment on the website, including through the services of third-party payment operators, as well as cash payment on location at a retail outlet after an order has been placed.

20. If the User chooses a payment method involving a third-party payment service provider, the User may be bound by the terms and conditions and/or fees of such third party, including with respect to the fees payable for the respective payment transaction.

21. The user should be explicitly aware of the fact that using the "Cash on delivery" and "Postal money transfer" services of the respective courier and payment service providers is associated with the payment of additional fees in accordance with the tariff of the respective providers, which fees may not be reflected in the interface of the site when placing an order due to the fact that they are not included in the price for the delivery of goods, but are payable to the respective payment services.

VII. Withdrawal from the Contract and Replacement

22. The User has the right to withdraw from the contract without stating a reason, without owing any compensation or penalty, within 14 days from the date of acceptance of the goods by the User or a third party.

23. The consumer does not have the right to withdraw from the contract if the subject matter of the contract is goods for which such an exception is expressly provided for in the Consumer Protection Act, including goods whose price depends on fluctuations in the financial market and sealed goods which, after unpacking, are not returnable due to hygiene or health protection reasons.

24. In order to exercise their right under this clause, the User must expressly notify the Vendor of their decision to withdraw from the contract, identifying the goods they wish to return by providing all details of the order and delivery made, including but not limited to: the content and value of the order, the details of the person who placed the order, the details of the person who accepted the delivery and the date of delivery.

25. The Vendor publishes on its website a form for exercising the right of withdrawal from the contract.

26. In order to exercise the right of withdrawal, the Vendor provides to the User the option of filling and sending electronically via the website the standard form for withdrawal or another unambiguous application. In these cases, the Vendor shall immediately send to the User a confirmation of receipt of his withdrawal on a durable medium.

27. The User must return the goods at their own expense, along with the receipt and invoice, if any, by handing them over to the Vendor or a person authorized by the Vendor within 14 days from the date on which the User exercised their right to withdraw from the contract.

28. When they are being returned the goods must be in their original packaging, without any signs of use or damage to the commercial appearance.

29. The Vendor has the right to delay the refund until the goods have been received back by it or until proof is provided that the goods have been sent back, whichever is earlier.

30. In the event that the User fails to fulfil their obligation to return the goods without notifying the Vendor of the delay and without providing a valid reason for this, they shall be deemed to have withdrawn their statement for withdrawal from the contract.

31. When the Vendor has incurred expenses in connection with fulfilling the contract and the User withdraws from the contract, the Vendor has the right to retain the corresponding amount for the incurred expenses or to demand its payment.

32. The Vendor shall refund the price paid by the User for the returned goods within 14 days.

VIII. Warranties and Claims

33. The User has the right to make a claim about any non-conformity of the goods with what was agreed/purchased when discrepancies with the sale contract are found after delivery.

34. The Vendor shall not be liable for any colour difference due to natural differences in colour reproduction between different models of monitors.

35. The Vendor shall not be liable for any size difference of up to 2 cm.

36. The Vendor shall not be liable for the natural wear and tear of the goods.

37. Any non-conformity of the consumer goods with the sales contract which becomes apparent within 6 months after the delivery of the goods shall be deemed to have existed at the time of delivery, unless it is proved that the lack of conformity is due to the nature of the goods or the nature of the non-conformity.

38. The User cannot contest the conformity of the consumer goods with the sales contract when:

• They knew or could not have been unaware of the discrepancy when the contract was entered into;
• The discrepancy is due to materials provided by the User.

39. The User shall have the right to make a claim for goods regardless of whether the manufacturer or the Vendor has provided a commercial guarantee for it.

40. When satisfying the claim through the replacement of the goods with others that correspond to the agreed terms, the Vendor shall retain the original warranty conditions for the User.

41. When making a claim, the User may demand a refund of the amount paid, replacement of the goods with another one which corresponds to what has been agreed upon, or a discount on the price.

42. Claims shall be made verbally by calling the telephone number indicated by the Vendor or in writing, via the listed e-mail address, by mail or by sending it to the address of the company. The Vendor shall provide access to a claim form on its website.

43. When making a claim, the User shall specify the subject of the claim, the preferred way to satisfy the claim, the amount of the claimed sum, and their contact details, including address, phone number, and email address.

44. When submitting a claim, the User must attach the documents on which the claim is based, namely:

• Receipt or invoice;
• Protocols, deeds, or other documents establishing the non-conformity of the goods with the agreed terms;
• Other documents establishing the grounds and amount of the claim.

45. Claims for consumer goods can be made up to two years from the delivery date but no later than two months from establishing the non-conformity with the agreed terms.

46. This period is suspended during the time required to reach an agreement between the Vendor and the User to resolve the dispute.

47. If the Vendor has provided a commercial guarantee for the goods and the guarantee period is longer than the claim periods as per Paragraph 1, the claim can be made until the end of the commercial guarantee period.

48. Making a claim does not prevent filing a lawsuit.

49. The Vendor shall maintain a register of the submitted claims. A document is sent to the User to the email address provided by the User, in which are listed the number of the claim in the register and the type of goods.

50. When the Vendor satisfies the complaint, it issues a certificate for this, which is drawn up in duplicate, and it shall provide one copy of it to the User.

51. In case of a justified claim, The Vendor shall bring the goods into conformity with the sales contract within one month from the submission of the claim by the User.

52. If the goods have not been repaired after the expiry of the period under the preceding paragraph, the Consumer shall have the right to cancel the contract and be refunded the amount paid or to request a reduction in the price of the consumer goods pursuant to Article 114 of the Consumer Protection Act.

53. Bringing the consumer goods into conformity with the sales contract shall be free of charge for the User. The User shall not be liable for the costs of shipping the consumer goods or for the materials and labour involved in their repair and shall not suffer any significant inconvenience.

54. In case of non-conformity of the consumer goods with the sales contract and when the User is not satisfied with the resolution of the claim, they have the right to choose between one of the following options:

• Termination of the contract and refund of the paid amount;
• Price reduction.

55. The User cannot ask for a refund of the paid amount or a price reduction when the Vendor has agreed to replace the consumer goods with new ones or repair the goods within one month of the claim made by the User.

56. The Vendor shall approve any request for termination of the contract and refund the amount paid by the User if, after satisfying three claims of the User through repair of the same goods, within the warranty period, there is a subsequent occurrence of non-conformity of the goods with the sales contract.

57. The User cannot claim to terminate the contract if the non-conformity of the consumer goods with the contract is insignificant.

IX. Intellectual property

58. The intellectual property rights on all materials and resources located on the Vendor's website (including the available databases) are protected under the Copyright and Related Rights Act, belong to the Vendor or the respective indicated person who has transferred the right to use them to the Vendor, and cannot be used in violation of the applicable legislation.

59. In case of copying or reproduction of information beyond the permissible limits, as well as in case of any other violation of intellectual property rights on the Vendor's resources, the Vendor is entitled to claim compensation for direct and indirect damages in full.

60. Except where expressly agreed, the User may not reproduce, modify, delete, publish, distribute or otherwise disclose the information resources published on the Vendor's website.

61. The Vendor undertakes to exercise due diligence to ensure that the User is able to properly access the services provided through the Website.

62. The Vendor reserves the right to suspend access to the services provided. The Vendor shall have the right, but not the obligation, at its sole discretion to delete information resources and materials posted on its site.

X. Termination and Rescission of the Contract

63. The Vendor shall have the right to terminate the contract unilaterally at its own discretion, without notice, in the event that it finds that the services provided are used in violation of these General Terms and Conditions, the legislation of the Republic of Bulgaria and generally accepted moral norms.

64. Except as provided in these Terms and Conditions, the contract between the parties shall also terminate upon the termination of the Vendor's business or the termination of the maintenance of its website.

65. Apart from the cases mentioned above, either party may terminate this contract with one week's notice to the other party in case of a breach of the contract obligations.

66. The written form of the contract shall be considered observed by sending a message by email (e-mail), pressing an electronic button on a page containing content filled in or selected by the User, or marking in a field (check box) on the website, etc., as long as the statement is recorded technically in a way that allows it to be reproduced.

XI. Saving Clause

67. The parties declare that in the event that any provision(s) of these Terms and Conditions is found to be invalid, this shall not invalidate the entire contract or other parts thereof The invalid clause will be replaced by the mandatory provisions of the legislation or established practice.

XII. Changes in the General Terms and Conditions

68. The Vendor shall notify the Users of any amendment to these Terms and Conditions within 7 days of the occurrence of this by writing to the email address provided by the User.

69. When the User does not agree with the amendments to the General Terms and Conditions, the User shall have the right to withdraw from the contract without giving any reason and without owing any compensation or penalty. To exercise this right, the User shall notify the Vendor within one month from receiving the notification listed in the previous article.

70. In the event that the User does not exercise their right to withdraw from the contract in accordance with the procedure set out in these General Terms and Conditions, the amendment shall be deemed to have been accepted by the User without objection.

XIII. Applicable Law

71. The provisions of the current legislation of the Republic of Bulgaria shall apply to all matters not covered in these General Terms and Conditions.