The Terms and Conditions apply to all personal information and sensitive personal data or information given to or received by any person visiting or using or accessing www.abovetherest.eu ("User"). We reserve the right to change or revise the details of the Terms and Conditions without prior notice and the revised Policy will be effective from the date of upload. Users are therefore requested to periodically visit the website and review the Policy.
Please read the Terms and Conditions carefully before using www.abovetherest.eu. These Terms and Conditions constitute a contract between you and ATR granting you the right to use the Services on the Site for personal and non-commercial purposes, subject to the terms and conditions below. These Terms and Conditions are binding only as between you as a User of the Site Services and ATR. By accessing (loading) the Site and/or placing an Order, you agree to be bound by these Terms and Conditions and any subsequent changes to them, and you agree to comply with them. If you do not agree to these Terms and Conditions, please do not use the Site and/or place an Order.
1. Basic concepts
For the purposes of these Terms and Conditions ("Terms and Conditions"), unless the context otherwise requires, the following words and expressions shall have the meanings given to them below. "Customer" means any User who has finalised an Order. "Service" means:
(a) access to the information resources/data provided via a web browser on the Site, including the ability to place Orders;
b) the creation and personalization of a user profile through registration, which enables the submission of Orders and/or access to certain information resources on the Site;
c) receiving e-mail newsletters from Users registered for the Service on the Site.
"Order" means any instruction expressly submitted by the User for the delivery of goods selected by the User in type, volume, modifications and other parameters through the Site; "ATR" means the legal entity "ATR" Ltd, registered office and registered address. 088 237 5044, www.abovetherest.eu; e-mail: firstname.lastname@example.org; "Site" means the website of ATR - www.abovetherest.eu; "Direct Marketing" - offering of goods and Services to Users by mail, telephone or other direct means, as well as inquiry for the purpose of research regarding the offered goods and services. "Applicable Law" means Bulgarian law and/or such other law as is agreed in these Terms and Conditions.
2. Protection of User's Personal Data
2.1 Pursuant to the Personal Data Protection Act, the User has the right to access his/her own Personal Data which he/she has entered or which has come to the attention of ATR in the course of the User's use of the Site, and to have such Personal Data rectified.
2.2 By accepting these Terms and Conditions, a User who has completed a registration form expressly consents to the processing of the Personal Data provided by him/her by ATR electronically, including in the execution of an Order or in the provision of Services.
2.3 ATR informs the User that the personal data provided by the User is not disclosed to third parties for Direct Marketing.
3. Contract between User and ATR
The submission of an Order by a User by his/her selection of the "Complete Order" button in the "Shopping Cart" section of the Site constitutes a contract by which the User consents to the execution of the Order placed by him/her and agrees to be bound by these Terms and Conditions and any subsequent changes thereto, and undertakes to comply with them.
4. Relations with Users
4.1 Identification and registration of Users on the Site
4.1.1 Identification of the User for the purpose of reproduction of his actions on the Site, including his statement of acceptance of these General Terms and Conditions and the Order made by him, is made through the log files stored on a server of ATR, storage of the IP address of the User with which the Site is accessed, as well as any other information provided by the User or made available on the basis of the use of the Site by the User.
4.1.2 The User, after registration, has the opportunity to obtain free and full access to the sections of the Site requiring registration.
4.1.3 ATR reserves the right to provide access to certain Services for a mandatory registration fee without prior notice to Users. Such Services may be access to articles, product reviews, etc.
4.1.4 By completing the registration form (registration), the User agrees to provide true, accurate, current and complete information about himself.
4.1.5 In the event that the User provides false, inaccurate, not current or incomplete information, ATR reserves the right to de-register the User, as well as deny the User further access to some or all of its Services.
4.1.6 ATR reserves the right, in its sole discretion, to de-register a User and also restrict the rights of registered Users to access certain Services or sections of the Site. ATR may also take action under this clause in the event that it has reasonable grounds to suspect a breach of these Terms and Conditions.
4.1.7 ATR reserves the right to discontinue providing some or all of the free Services by posting a notice on the Site.
4.2 Goods, services and content on the Site
4.2.1 Each item presented on the Site is listed with a price, the main characteristics of the item (which may include size, colour etc) and additional information designed to assist the User in making an informed choice when purchasing the item.
4.2.2 ATR warns the User that there may be discrepancies between the advertised and actual sizes and/or colours and/or changes in the design of the products and/or their packaging, for which ATR shall not be liable. The information published on the Site regarding colours, sizes, designs and other features should be interpreted by the User as indicative. ATR reserves the right to publish names, models and other product information in English when:
(a) There is a danger that valuable information concerning the characteristics of the goods will be lost by its translation;
b) There is no generally accepted unambiguous terminology in the English language;
4.2.3 Some of the information published on the Site may relate to goods and/or services that are not available and accessible at the time the Site is accessed by the User.
4.2.4 The goods and Services offered on the Site do not constitute a legally binding offer.
4.2.5 The Site may contain articles, product reviews, photographs and other materials that are protected under the Copyright and Related Rights Act. These are clearly marked as such. Unauthorised use of the materials referred to in the preceding sentences constitutes an offence for which civil, administrative and/or criminal liability is incurred in accordance with the applicable Applicable Law.
4.2.6 ATR shall be entitled to modify the content of the Site at any time without any obligation to notify Users thereof in advance.
4.3.1 All prices advertised on the Site are in Bulgarian levs (BGN), at full value.
4.3.2 ATR has the right to change the prices of the goods offered at its own discretion, without prior notice, and the User shall pay the price that was current at the time of finalizing the Order for the desired goods.
4.3.3 The prices quoted on the Site do not include delivery costs, transaction costs or any other costs that may be incurred in connection with the execution of the Order.
4.3.4 Delivery costs are determined depending on the delivery method chosen by the User, are indicated in the respective rates of courier companies and are displayed before finalizing the Order.
4.3.5 Transaction costs are determined depending on the payment method chosen by the User and are indicated in the respective tariffs of the payment service providers.
4.4.1 Each Order shall be deemed to have been placed by the User when the latter has selected the "Complete Order" button.
4.4.2 The User is obliged to check the content of the Order before finalizing it, in order to avoid errors in its parameters due to caching.
4.4.3 Confirmation of an Order is sent to the User's e-mail address. In the event that the User has not provided such address, ATR reserves the right not to execute the Order until it has received confirmation of the Order from the User by other appropriate means.
4.4.4 The Order shall be executed by ATR in accordance with the parameters contained in the confirmation in cases where the User has provided an e-mail address, and in the absence of such an address, in accordance with the parameters contained in the Order. If, after placing an Order and prior to its execution, there is a change to the Order parameters or the method of delivery expressly agreed between the parties, the Order shall be executed in accordance with the new arrangement.
4.4.5 An Order finalised by the User after 4.00 p.m. on a Friday (i.e. the day preceding a public holiday/non-working day) shall commence processing after 10.00 a.m. on the Monday (i.e. the first working day following a public holiday/non-working day).
4.4.6 ATR reserves the right, if within 7 (seven) working days there is insufficient availability of the item(s) selected by the User to fulfil the Order in full, to notify the User of this circumstance in an appropriate manner. The User shall have the right to refuse the Order in its entirety or to amend the Order up to the volume available and to refuse the missing items or to agree to partial fulfilment or to amend the Order by replacing the missing items with others.
4.4.7 In the event that ATR has received in advance the monetary value of an Order that cannot be fulfilled pursuant to the preceding clause, ATR shall refund to the User the amount for which it will not make delivery by the method of payment by which it received it. In the event that the method of reimbursement under the preceding clause is not possible, then ATR shall contact the User to further agree on the manner in which to settle the relationship between the parties.
4.4.8 In the event that the Order has been executed in a form and volume different from that specified in the Order due to ATR's fault, the parties shall further agree on the manner in which to settle their relationship. Any additional delivery costs that would be incurred in order to settle the relationship under the preceding sentence shall be borne by ATR.
4.4.9 ATR shall pay the following delivery costs at its own expense in the territory of Bulgaria:
(a) For Orders with a value of more than 75,00 BGN, ATR shall pay at its own expense all costs covering delivery sent to an office of the courier company Econt. In the event that the Customer has chosen a different delivery method, the Customer shall bear any additional costs that may be incurred;
b) For products that are expressly mentioned on the Site, as well as for all products in promotion, the conditions for free shipping do not apply.
4.4.12 ATR delivers to its users products and services for the territory of Bulgaria.
4.5 Payment Method In the process of placing an Order, the User has the option to select one of the payment methods listed below:
4.5.1 Cash on delivery The User shall pay the value of the Order to the courier at the time of delivery. Payment by cash on delivery shall be made by postal money order from a licensed postal operator. The postal money order receipt issued by the courier shall replace the fiscal receipt in accordance with the applicable legislation.
4.6.1 The delivery time of the Order to the address in Bulgaria specified by the User in the Order shall be within 24 hours to 7 (seven) working days;.
4.6.2 The delivery of the items specified in the Order shall be carried out in the manner chosen by the User and in accordance with the terms specified on the Site.
4.6.3 ATR reserves the right to extend the deadlines specified in the previous two clauses by up to 7 (seven) days without informing the User in advance. After the expiration of this period, ATR shall notify the User at the e-mail address, in cases where the User has entered one, and in the absence of such address - by telephone or other appropriate means, according to the parameters contained in the Order.
4.6.4 In the event of force majeure, there may be a delay in the specified delivery times, for which ATR shall notify the User at the earliest opportunity in accordance with clause 4.6.3.
4.6.5 ATR shall not be liable if the delay is the fault of the courier making the delivery.
4.6.6 If the Customer specifies an incorrect or non-existent address and/or consignee and/or telephone number and/or any other parameter required for delivery, this shall render the Order invalid and shall not bind ATR to the obligation to perform the delivery. In this case, the Customer shall be obliged to pay the value of the delivery.
4.6.7 In the event that the Customer is not found at the address specified in the Order within the time limit for delivery performance, or access and conditions for delivery of the item(s) are not provided within such time limit, ATR shall be released from the obligation to deliver the item(s) requested in the Order. In this case, the Customer shall pay the cost of delivery.
4.6.8 The Customer may, after contacting ATR, confirm its wish to receive the contents of the Order after the expiry of the delivery period referred to in the preceding clause. In this case, a new delivery period shall commence accordingly and the Customer shall bear all costs thereof.
4.6.9 Upon receipt of delivery, the Customer (or its authorised representative) shall check the contents of the shipment regarding:
(a) whether the Order has been fulfilled in form and volume as submitted or as modified/altered;
b) whether any loss and/or damage has occurred in the course of delivery.
4.6.10 If the circumstances described in the preceding clause occur, the Customer shall immediately inform ATR thereof.
4.6.11 In the event that the circumstances referred to in Article 4.6.9(b) occur during transportation by courier, ATR shall redeliver the lost items and/or replace the damaged items. Articles 4.4.6, 4.4.7 and 4.4.8 shall apply accordingly.
4.6.12 Upon receipt of delivery, the Customer (or its authorised representative) shall sign the accompanying documents.
4.7 Cancellation of Order
4.7.1 Under the Consumer Protection Act, the Customer has the right to cancel the Goods received and return them to ATR within 14 (fourteen) working days from the date of receipt, provided that the Goods are in the form in which they were delivered and, if packed, their packaging has not been opened (this does not include the packaging of the parcel). In this case, ATR shall refund to the Customer the amounts paid by the Customer not later than 20 (twenty) working days from the date on which the Customer has exercised his right to withdraw from the goods, in accordance with the Consumer Protection Act. The goods that the Customer wishes to return must be in good commercial condition, original packaging, with original labels, accompanied by the original supporting documents such as invoice and others issued by ATR.
4.7.2 The Customer shall also be entitled to refuse receipt of the Goods requested in the Order in the event that one of the following conditions is established upon delivery:
(a) the circumstance referred to in clause 4.4.8 has occurred, including where the discrepancy between the goods requested in the Order and the goods delivered could not be ascertained at the time of delivery.
b) the price to be paid by the Customer does not correspond to the amount due as stated in the Confirmation.
4.7.3 The Customer may use a description of the return of the ordered goods as part of the Consumer Protection Act as a return request or otherwise state unequivocally his decision to withdraw from the contract. The request shall be submitted to the e-mail address email@example.com, within a period not exceeding 14 (fourteen) working days from the date of receipt of delivery. In such cases, ATR shall immediately send the Customer an acknowledgement of receipt of the Customer's cancellation on a durable medium. The Customer must also specify the bank account of which the Customer is the account holder to which the amount paid by the Customer for the returned item(s) is to be refunded.
4.7.4 The Customer shall pay ALL costs associated with the transportation of the Goods to an address specified by ATR where the Good(s) are returned in accordance with clause 4.7.1, and ALL transaction costs of the refund where the Customer has not provided an account in accordance with clause 4.7.3.
4.8 Warranty Terms ATR will provide a warranty if the manufacturer/importer has provided a warranty for the relevant Goods. ATR shall provide a warranty document to the Customer for goods purchased by the Customer if such document is provided by the manufacturer/importer of the goods. The document shall contain at least the following information: the address and telephone number of the authorised repairer(s) of the purchased goods; the warranty conditions of the respective repairers or manufacturers; the warranty period of the purchased goods.
4.9.1 In the event of a manufacturing defect which is discovered after receipt of the Goods, the Customer shall return them to an address specified by ATR and the cost of delivery shall be borne by ATR. ATR shall replace the Goods by sending the same Goods to the Customer and, in the event of non-availability, refund the amount paid by the Customer, within a period of not later than 20 (twenty) days from the date of receipt of the claim. Claims shall be made in accordance with clause 4.7.3.
4.9.2 If, in the cases referred to in clause 4.9.1, the defective Goods are not available, the Customer shall be entitled to request their replacement with other Good(s) of the same or higher value, paying the difference. Delivery of the new goods shall be at the Customer's expense. If the Customer exercises his rights under this clause, he shall not be entitled to claim a refund under the preceding clause 4.9.1.
4.10.1 ATR shall use reasonable care to keep the information on its Site true, accurate and up-to-date without excluding the possibility that objective inconsistencies or omissions may arise from time to time. ATR shall not be liable for any consequences, including any damages (including to the Customer's software, hardware or telecommunications facilities) arising out of or in any way connected with the access to, use of, or inability to use the Site. All information on the Site is provided in accordance with applicable Bulgarian law, without warranty by ATR of its inviolability and safety from malicious attacks by third parties.
4.10.2 ATR is not responsible for the subjective perception and interpretation of the accuracy, completeness and usefulness of the information resources on the Site.
4.10.3 ATR is not responsible for the information (including its completeness and reliability):
(a) provided by the manufacturers of the goods;
b) contained in websites to which the Site contains links.
4.10.4 ATR shall be entitled to indemnification from any person for all damages, costs and claims of third parties incurred by ATR arising out of a breach of these Terms and Conditions and/or unauthorised use of the Services and/or information on the Site.
4.10.5 Articles, product reviews, advice, consultation or other assistance provided by the ATR team in connection with Users' use of the Services does not constitute advice to purchase any particular product and does not give rise to any liability or obligation on the part of ATR.
4.10.6 Under no circumstances shall ATR be liable for any delays or disruptions in the provision of Services caused directly or indirectly by force majeure beyond its control, including but not limited to: natural disasters, lack of internet, failure of computer and/or telecommunications facilities, power failure, fires, floods, storms, misconduct or crime of third parties, and any other events of an objective nature.
4.11 Complaints and disputes
4.11.1 For violation of the rights granted to them under the Consumer Protection Act, Customers shall have the right to submit complaints, signals and proposals to the Consumer Protection Commission (with the address of Sofia, PC 1000, pl. "02/9330565, email: firstname.lastname@example.org, website: www.kzp.bg), as well as to the control bodies performing consumer protection functions. Copies of complaints, signals and suggestions may also be sent to higher authorities.
4.11.2 Customers can use the European Online Dispute Resolution (ODR) platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)
5. Entry into force and amendment of the General Terms and Conditions
5.1 The User agrees in accordance with clause 3 to be bound by these Terms and Conditions and any subsequent amendments thereto and undertakes to comply with them.
5.2 ATR shall be entitled to change the provisions of these Terms and Conditions at any time, without any obligation to give prior notice to Users.
5.3 New versions of the Terms and Conditions are published on the Site and are accessible to all Users.
5.4 In the event that changes to a new version of the General Terms and Conditions affect the way Orders are executed, the version that was current at the time of finalization shall apply to Orders for which execution has commenced.
6.1 The names of products, manufacturers or companies mentioned on the Site may be trademarks or trade names of their respective owners.
6.2. Users' access to the Site should in no way be construed by Users as granting them a license or right to use any trademark or trade name.
6.3 Users undertake to use the Site without infringing the copyrights of ATR or any third party relating directly or indirectly to the information published on the Site.
6.4 The information published on the Site may not be altered in any way, nor copied, publicly distributed or given away for any public or commercial purpose.
6.5 The use of the information published on the Site on other websites is absolutely prohibited.
6.6 ATR reserves the right to assign the rights to publish materials, photographs and any other parts of the information on the Site, to third parties, subject to a further contract governing the rights and obligations of the parties.
Last updated 10.04.2022.