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General Terms and Conditions
These general terms and conditions regulate the relations between "DMS INOVATION" LTD and the persons using the website and online store - at www.dms-innovation.com
Definitions
⦁ "WE," "DMS INOVATION," "THE COMPANY" – means "DMS Innovation" LTD with headquarters and principal place of business: city of Bozhurishte,municipality of Bozhurishte postal code 2227, 2 Momina Salza Str., , registered in the commercial register of the Registry Agency with UIC 207682801mob. phone: +359 882 75 75 70, e-mail: zirconlabst@gmail.com, a company that owns the online store at www.dms-innovation.com
⦁ "SITE" – means the website located at www.dms-innovation.com
⦁ "ONLINE STORE" – means the virtual store located at www.dms-innovation.com which provides the opportunity to purchase goods over the Internet;
⦁ "USER" – means a person who uses the website’s features;
⦁ „BUYER“ – means a person who performs purchase of goods through the online store;
⦁ "CONSUMER" – means a consumer in the meaning of the CPA and Act on the Provision of Digital Content and Digital Services and the Sale of Goods ("APDCDSSG").
⦁ "PERSONAL DATA" – means personal data in the meaning of the PDPA.
⦁ „GDPR“ – means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
⦁ "GENERAL TERMS AND CONDITIONS" – refers to these general terms and conditions.
By clicking on any link, button, or application available on the -site, with the exception of the link pointing to these general terms and conditions, you expressly and unconditionally agrees to these general terms and conditions for using the website and the online store.
Registration
The website can be browsed and used without registration, and the account creation is not required. Registration and account creation are not necessary when choosing and purchasing goods available on the website. Shopping on the website is done as a guest, and the data provided in this case is processed only for the purposes of fulfilling the specific order and is not stored for your subsequent orders.
General provisions
Only goods that the system allows to be added to the shopping cart can be purchased from the online store. All information regarding the goods presented on the website, including but not limited to technical specifications, warranty conditions, usage instructions, etc., is provided by the manufacturer or importer of the respective product. DMS Innovation bears no responsibility for any incorrect, inaccurate, or misleadingly presented information, discrepancies between the presented and actual conditions, or printing errors. The good images published on the website are for illustrative purposes. There may be discrepancies with the actual parameters.
Prices
All prices presented on the website/online store are in Bulgarian Lev for buyers within the territory of the Republic of Bulgaria and are valid only at the time of their publication. For buyers from countries outside the territory of the Republic of Bulgaria, all prices on the website/online store are in euro (EUR) and are calculated based on the official fixed exchange rate of 1.95583 EUR/BGN published on the Bulgarian National Bank's website (www.bnb.bg) and are valid only at the time of their publication. DMS Innovation reserves the right to change prices at any time without notice. Prices for confirmed online orders by DMS Innovation are final and not subject to change. The prices presented on the website/online store are final and include all taxes and fees, as well as the cost for processing and delivery of the good.
Compliance of goods. Information for consumers. Alternative Dispute Resolution
All goods presented on the website and/or sold in the online store come with a warranty for compliance of the good in accordance with the APDCDSSG. The commercial warranty does not affect the rights of consumers arising from the warranty under the APDCDSSG. You can obtain all the information under Article 4 of the CPA regarding each good/service presented on the website and/or sold in the online store by calling +359 882 72 75 70. The Alternative Dispute Resolution body within the meaning of Article 181n, para. 4 of the CPA is the conciliation commissions at the Commission for Consumer Protection. In case of a dispute related to online sales, you can also use the ODR platform. The information in this section applies to consumers within the meaning of §13, item 1 of the Additional Provisions of the CPA and §6, item 6 of the Additional Provisions of the APDCDSSG.
Orders
Orders can only be made by users who have accepted the general terms and conditions. To place an order, it is necessary to fill in the order form by following the procedure described HERE.
Payment
The price due for goods ordered through the online store can be paid by using one of the following methods:
⦁ Bank card payment through the Stripe platform*
⦁ Bank transfer
* Stripe Technology Europe, Limited (Stripe) with international ID C187865. Stripe is a company registered in accordance with Article 15 of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market. The EBA register is publicly accessible on the EBA website (https://euclid.eba.europa.eu/register/?returnUrl=%2Fsearch).
Please note that in certain cases, one of the listed methods may not be applicable. All payments are made in Bulgarian Lev and/or Euro. When paying by bank transfer, the entire amount due on the invoice must be paid within 5 working days from the invoice issuance; otherwise, the order will be automatically canceled.
By accepting these general terms and conditions, the buyer expressly and unconditionally agrees, in all cases, to pay DMS Innovation in advance, in full, the selling price of each ordered good.
When paying by debit/credit card through the Stripe platform, the currency of payment is solely in euros, regardless of the buyer's location.
IMPORTANT!! When paying by bank transfer/bank card, you may incur bank fees/commissions unilaterally determined by the respective bank/financial institution.
IMPORTANT!! According to Article 113, paragraph 4 of the VAT Act, issuing an invoice or correction to an already issued invoice is done within 5 (five) calendar days from the date of purchase. After this period, DMS Innovation is not obliged to issue an invoice or correction to an already issued invoice.
Contract
The distance sale contract between DMS Innovation and the buyer is considered concluded upon confirmation of the order by DMS Innovation. Confirmation of the distance sale contract concluded with DMS Innovation, including all information under Article 47, paragraph 1 of the CPA, shall be done via the email provided by the buyer. A sample of the Distance Sale Contract is available HERE.
Online Purchase on an Installment plan
DMS Innovation does not provide the option for purchasing goods on an installment plan.
Delivery
Delivery of goods ordered from the online store is only made to the address specified by the buyer. Receipt of the good occurs only after signing a document by the buyer confirming receipt. The delivery times of goods ordered through the online store are up to 30 days from the day following the day the payment is received from the buyer.
IMPORTANT!! The specified delivery times apply as loans as they do not contradict to the delivery times enforces by the relevant courier company.
DMS Innovation reserves the right, unilaterally and without the need to inform the buyer, to extend all delivery times by up to 14 days. The good is delivered against signature, to the entrance of the building and personally to the buyer.
In case of impossibility to deliver the package on the first attempt, not due to the courier's fault (e.g., no one is present at the address, etc.), the delivery person leaves a notice indicating a contact phone number, which the recipient should call within three working days to arrange a new delivery time. In case of impossibility to deliver the package on the second attempt, not due to the courier's fault, the distance sale contract is automatically terminated. In this case, as a sanction for non-performance by the buyer, DMS Innovation may retain all amounts paid by the buyer. The above applies also in cases where the recipient unreasonably refuses to accept a given package. DMS Innovation/the courier is not responsible for non-execution of an order in cases where the buyer has provided incorrect, incomplete, and/or inaccurate personal data, including when an incomplete, inaccurate, or fictitious address is provided.
Review of Goods. Returns
Upon receiving the goods, the buyer is obliged to inspect them immediately. If the buyer identifies any obvious defects, missing accessories, and/or any of the documents required by Bulgarian legislation, they must immediately inform the delivery person. If this is not done, the item is considered approved, and the buyer loses the right to claim later that the goods were delivered with obvious defects, missing accessories, and/or any of the documents required by Bulgarian legislation. Complaints about goods purchased through the online store are handled according to the rules of the Consumer Protection Act (CPA) and the Obligations and Contracts Act (OCA) (only for consumers) and/or in accordance with the terms and conditions of the commercial warranty. Address for complaints: city of Bozhurishte, Bozhurishte municipality, Postal code2227, 2 Momina Salza Str., phone: +359 882 757570.
Withdrawal from a Distance Sale Contract
Based on Article 50 of the OCA, the consumer has the right to withdraw from the distance sale contract without stating a reason, without owing compensation or penalty, and without bearing any costs (except for the costs provided for in Article 54, paragraph 3, and Article 55 of the OCA) within a 14-day period, starting from the date of receiving the goods by the consumer, or when the consumer has ordered multiple goods with one order, which are delivered separately – starting from the date when the consumer accepts the last item. The right of withdrawal can be exercised only if the consumer has returned the goods to DMS Innovation in their original packaging, in a preserved commercial appearance, with all accessories, attachments, documents, and the original receipt/invoice for the purchase. In case of exercising the right of withdrawal from the distance contract, the consumer must return the goods to DMS Innovation no later than 14 days from the date on which the consumer informed DMS Innovation of their decision to withdraw from the contract. Until the goods are returned to DMS Innovation, the risk of accidental loss or damage to the goods is entirely borne by the consumer.
To exercise your right of withdrawal, click HERE or you must inform us (provide your name, geographical address, and if available, your phone number, fax, and email address) of your decision to withdraw from the contract with an unequivocal statement (for example, a letter sent by mail, fax, or email). You can fill out and submit the attached standard withdrawal form or another unequivocal statement of withdrawal through our website (insert website address). If you use this option, we will send you confirmation of receipt of the withdrawal on a durable medium (for example, by email) within 24 hours. To meet the withdrawal deadline, it is sufficient for you to complete the withdrawal procedure successfully or to send us a message regarding the exercise of the right of withdrawal before the withdrawal period expires. Effects of withdrawal. If you exercise your right of withdrawal from the concluded distance contract, we will refund to you, via bank transfer to the bank account provided by you, all payments we have received from you, including delivery costs (except for additional costs, if any, associated with the delivery method chosen by you, other than the cheapest standard delivery method offered by us), without undue delay and in any event not later than 14 days from the date on which we are informed of your decision to withdraw. We have the right to postpone the refund until we receive the goods back or until you provide proof that you have returned the goods, whichever event occurs first. We expect you to send us or return the goods back without undue delay and in any event not later than 14 days from the day you informed us of your withdrawal from this contract. You must bear the direct costs of returning the goods.
According to Article 57, paragraph 5 of the OCA, sealed goods that have been opened after delivery and cannot be returned due to reasons related to hygiene or health protection are not subject to return.
In case it is necessary to collect the goods provided by you as a result of the withdrawal from the contract, DMS Innovation will not be liable if the same are not collected by you within 30 (thirty) calendar days.
In case of exercising the right of withdrawal from the distance contract, the consumer must return the goods to DMS Innovation no later than 14 days from the date on which the consumer informed DMS Innovation of their decision to withdraw from the contract, along with the sales document or invoice. Until the goods are returned to DMS Innovation, the risk of accidental loss or damage to the goods is entirely borne by the consumer.
Publishing Reviews for Goods
Publication of reviews is carried out by DMS Innovation after a unilateral assessment of the appropriateness/validity of their content. Reviews should be written in Bulgarian and/or English, in Cyrillic and/or Latin script, and should contain only the author's objective opinion about the respective product, based on their direct impressions regarding its advantages/disadvantages observed during its use.
Reviews that do not meet the aforementioned criteria, including, but not limited to: reviews unrelated to the product being reviewed, opinions not expressed by the author or not based on their direct impressions, containing information about the availability/price of the product elsewhere, containing profanity or offensive, defamatory, discriminatory, or intolerant content, including content based on race, nationality, ethnicity, gender, origin, religion, containing advertising messages and/or information about competitors, containing content conflicting with professional and commercial ethics or damaging the prestige and good name of any entity, as well as reviews with inappropriate content or content that violates or poses a risk of violating legal rights and interests, will not be published.
Published reviews are presented with the content provided by the author, without editorial intervention or corrections, and solely reflect the author's opinion. DMS Innovation is not responsible for the content of published reviews.
DMS Innovation reserves the right, at its sole discretion and without any liability, without the need for justification, not to publish any provided review, regardless of its content. DMS Innovation does not guarantee that the published reviews are from users who have actually purchased the respective good.
Privacy Policy
The confidentiality and security of our customers' personal data have always been of paramount importance to us. For this reason, we have created this unified Privacy Policy of DMS Innovation, which covers the way we collect, use, store, disclose, and delete, or generally "process," your data. The unified Privacy Policy allows us to provide an equally high level of protection to all users of www.dms-innovation.com.
Your data provided during purchase will be stored in a unified database of DMS Innovation ("Administrator/s") and in this regard, giving consent to the General Terms and Conditions, an integral part of which is this Privacy Policy, is considered as consent for your data to be freely exchanged between DMS Innovation and its partners. DMS Innovation does not require users to create accounts on the website, nor does it record or store such information.
Collection and Use of Personal Data
Personal data is any information that can be used to identify a particular person. Personal information may be requested from you each time you engage with us or our partners in order to provide our goods and services. Only in compliance with this Privacy Policy and all applicable legal provisions can the Administrator and its partners share this information among themselves and use it. Your personal data is primarily processed within the territories of the European Union and the European Economic Area. In very rare cases, processing may be necessary in third countries outside the specified territories. In all cases, the processing of your personal data is carried out only for the period and for the purposes for which they are provided.
⦁ What personal data do we collect
i. When you purchase a good, subscribe to our special offers, etc., we collect various types of information, including but not limited to name, postal address, telephone number, email, preferred method of communication, information about bank card and account, etc.
ii. In cases where issuing certain documents, such as an invoice, is necessary, additional data may be requested from you in accordance with regulatory requirements.
iii. We store order history within the statutory deadlines made for each purchased product.
⦁ Purposes of processing personal data
i. We process your personal data to fulfill our obligations as a party to a contract for the sale of goods or services. We may periodically use them to send important messages such as notifications regarding placed orders, changes in the Terms and Conditions, or other rules. If a specific functionality of the website (purchase of goods; receiving information about current promotions and other activities, etc.) requires the provision of personal data, failure to provide them means that you will not be able to use the functionality. Legal basis for data processing: Article 6(1)(b), (c), and (e) of the GDPR.
ii. In case you have subscribed, we process your data to inform you at the contacts provided by you (via SMS, Viber, email, etc.) about current promotions and other activities. Consent for subscription can be withdrawn at any time. Legal basis for data processing: Article 6(1)(a), and (e) of the GDPR.
iii. We process your personal data for marketing purposes to receive information/advertising messages, including those based on an analysis of your user behavior history. Legal basis for data processing: Article 6(1)(a), and (e) of the GDPR.
iv. If you have given consent to participate in certain events (contests, raffles, games, etc.), we process the data provided by you to administer these activities. Legal basis for data processing: Article 6(1)(a), and (e) of the GDPR.
v. Data provided when applying for a job will be used solely for the purposes of selection and assessment of the candidate's suitability for the respective position. Legal basis for data processing: Article 6(1)(a), (b), (c), and (e) of the GDPR.
⦁ Disclosure to Third Parties
For the fulfillment of the purposes under item 2, or legal ones, it is necessary or we will be obliged to disclose the personal data provided by you to our partners (e.g., transportation, courier, service, installation companies, financial institutions, insurers, etc.), providers of services in the field of marketing, market research, analysis of user behavior (e.g., Google, Facebook), etc., or to competent authorities.
⦁ Protection of Personal Data
The Administrator takes precautionary measures, including administrative, technical, and physical measures, to protect your personal data from loss, theft, and misuse, as well as from unauthorized access, disclosure, alteration, or destruction.
When you post in forums, chat rooms, or social media services, the personal information you share is visible to other users and may be read, collected, or used by them. In these cases, you are responsible for the personal information you choose to provide.
⦁ Integrity and Retention of Personal Data
We will retain your personal data for a period necessary to fulfill the specific purpose for which they are processed, after which they will be deleted, unless a regulatory act requires us to retain them for a longer period.
⦁ Rights of the Data Subject
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.
- Right to Access / Know. You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
- Right to Delete. You may have a right to request that we delete personal information we maintain about you.
- Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
- Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
- Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.
- Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.
- Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
- Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails about orders that you have made.
You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.
We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address, before providing a substantive response to the request. In accordance with applicable laws, You may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us
If you wish to withdraw your consent for the processing of personal data (including unsubscribing from current promotions and other activities), request correction, object to their processing, or request that your data be deleted ("right to be forgotten"), you should send a request to this effect by email to dpo@dms-innovation.com. In order to prevent abuse, requests with the above content will be considered only if sent from the email used for subscription, and we reserve the right to request additional data to establish the identity of the requester and the data subject to whom it relates.
Requests regarding personal data will be responded to within one month, and in case of a need to extend the specified period, you will be informed of the extension, as well as the reasons for the delay. We may refuse to process requests that are repeatedly unfounded or jeopardize the confidentiality of other users. In all cases, you have the right to lodge a complaint with the Commission for Personal Data Protection, kzld@cpdp.bg, Sofia 1592, Blvd. "Prof. Tsvetan Lazarov" No. 2.
In addition to sending a message to dpo@dms-innovation.com, you can unsubscribe from receiving information about current promotions and other activities directly from the received email by clicking the "Unsubscribe" button.
Conditions and Procedure for Reporting Violations under the Law on Protection of Whistleblowers or Publicly Disclosing Violations
If you want to report a violation falling within the scope of the Law on Protection of Whistleblowers or Publicly Disclosing Violations and you meet the conditions of the cited law, you can submit a report to the person responsible for handling reports by any of the following means:
⦁ By email to dpo@dms-innovation.com;
⦁ By mail to: city of Bozhurishte, Bozhurishte Municipality, postal code 2227, 2 Momina Sulza Str.;
⦁ Verbally through a prearranged meeting or by calling +359 882 75 75 70.
To submit a written report, including via dpo@dms-innovation.com, the reporting person must fill out and send the following form, approved by the national authority for external reporting, to one of the above addresses, following the respective instructions. Upon receiving a report, the person responsible for handling reports checks for the presence of the necessary data for its consideration according to the requirements of the law, and in case of deficiencies, sends a message to the reporting person to correct the irregularities within a 7-day period from receiving the report. Each report is verified for its accuracy. Reports that do not fall within the scope of the law and whose content does not provide grounds to be considered plausible are not considered. Reports containing obviously false or misleading statements of facts are returned to the sender with instructions to correct the statements and for the responsibility they bear for misrepresentation.
Other provisions
DMS Innovation is committed to provide only the goods and services presented on the website, in the manner they are presented. All information presented on the website, including but not limited to design, availability, prices, and location of goods, is valid only at the time of presentation, and DMS Innovation reserves the right to change it at any time without notice. It is the user's responsibility to check the terms of use of the website, as well as the information presented for prices, availability, etc., in order to be informed in a timely manner in case any changes have occurred. In any case, the change applies prospectively and does not affect orders confirmed by DMS Innovation before its implementation. If additional approval is required from us, it must be given; otherwise, regardless of order confirmation, it will be considered invalid.
DMS Innovation is not responsible for the content and security of websites linked to on this website. Clicking on such links and using websites to which the links refer is entirely at the user's own risk and responsibility. In cases where it is necessary, users of the website are obliged to provide correct and complete data required from them.
Access to the resources of the website and the online store will be blocked for users who violate these general terms and conditions.
For matters not regulated in these general terms and conditions, the provisions of the current legislation of the Republic of Bulgaria shall apply. Any disputes concerning the interpretation and implementation of these general terms and conditions and the interpretation and implementation of distance sale contracts for goods ordered through the online store will be resolved by an agreement, and in the event of failure to reach an agreement, the dispute will be referred to the competent court: for consumer claims - according to Article 113 of the Civil Procedure Code, in all other cases, if jurisdiction has not been imperatively indicated - to the competent court in the city of Sofia, in accordance with the rules of tribal jurisdiction under the Civil Procedure Code, namely - Sofia District Court or Sofia City Court.
Update
DMS Innovation reserves the right to update these General Terms and Conditions at any time. The changes take effect from the moment of their publication on the website.