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Terms and Conditions of UGOMAN.EU

1. SCOPE

  1. This document includes (1) the general terms and conditions, i.e. the conditions of use of UGOMAN.EU setting out the rules of use of UGOMAN.EU, including the signing of purchase agreements with sellers from our online store, as well as (2) the agreement for purchase and sale of products via UGOMAN.EU signed by and between the seller and the customer.

2. INFORMATION ABOUT THE SELLER

  1. Cesari Perfect Ltd has its registered address and head office in Bulgaria, Sofia, Lozenets Housing District, 17A Dragalevska Street, Apt. 11, and its mailing address in Bulgaria, Sofia, 51 Alexander Malinov Blvd, Metro City, Floor 1, UGOMAN, entered in the Bulgarian Commercial Register under number BG130536065.
  2. Cesari Perfect Ltd is the official administrator of the online store UGOMAN which can be found at UGOMAN.EU (hereinafter referred to as the ‘e-commerce platform UGOMAN’). Cesari Perfect Ltd will be hereinafter referred to as UGOMAN.
  3. You can contact UGOMAN at the address specified above by calling (+359) 897777768 or by sending an email to [email protected].
  4. Any person selling products or services to third parties may be a Seller on the UGOMAN e-commerce platform after signing a specific contract with UGOMAN.

3. DEFINITIONS

  1. Buyer: a person who is at least 18 years old and who signs remote purchase and sale agreements via the UGOMAN e-commerce platform.
  2. Seller: UGOMAN or any other entity selling products or services through the e-commerce platform UGOMAN.EU.
  3. UGOMAN.EU: UGOMAN’s e-commerce platform used for the sale of products and services.
  4. The Platform: the ugoman.eu domain and its sub-domains.
  5. Customer: any physical or legal entity, or another legal organization using the Platform in any way, including but not limited to browsing, making orders, buying, returning products, or performing any other similar actions.
  6. Account: a section of the Platform made up of an email address and password allowing a Customer to make an Order, and containing information about the Customer and the history of some of his/her activity on the Platform (orders, tax invoices, etc.).
  7. Favourites: a section of the account which allows the Customer to make his/her own lists.
  8. List: a webpage on the Account of a Customer in Favourites where he/she can add products he/she is interested in.
  9. Order: an online document which is a form of communication between UGOMAN and the Customer, whereby the Customer places an order to UGOMAN through the Platform for the purchase of Products and Services from the Platform .
  10. Produc(s) and Service(s): any product subject to a purchase and sale agreement between the Seller and the Buyer through the Platform.
  11. Campaign: any commercial message aiming to promote the Platform, the UGOMAN brand or certain Products and/or Services available in limited quantities, unless the commercial message explicitly states otherwise, for a limited period of time as specified by the Seller.
  12. Agreement: the agreement signed remotely between the Seller and the Buyer for the purchase and sale of Products and/or Services through the Platform, of which these general terms and conditions of use of the Platform form an integral part.
  13. Content: the whole information on the Platform which is accessible through the Internet and a device connected to the Internet; the content of each message from the Buyer to UGOMAN and/or the Seller sent via electronic devices and/or any other accessible communication devices; any information supplied in any way by an employee/partner of UGOMAN and/or another Seller to the Customer via electronic or other devices for remote transfer; any information related to the Products and/or Services and/or the tariffs used by the Seller over a specific period of time; information referring to Customers and related to the Products and/or Services and/or tariffs used by third parties with which the Seller has signed any type of partnership agreement; information about a Seller.<.
  14. Newsletter: a bulletin issued periodically to inform users of the Products and Services, and/or special offers made by the Seller, sent electronically by email.
  15. Transaction: any action taken by UGOMAN to refund an amount of money paid by the Buyer as a result of cancellation, termination, refusal or inexistence of a purchase and sale agreement through the Platform, which can only be made as a bank transfer.
  16. Specifications: any characteristics and/or descriptions of the Products and Services as they are specified in their descriptions.
  17. Review: an account in writing by the owner or user of a product or service based on the personal experience and skills of the reviewer to make adequate comments and to express an objective opinion of whether the product or service complies with the characteristics given by the manufacturer or not.
  18. Rating: a method of estimating the level of satisfaction of a Customer with a given product. The rating is in the form of stars, and every product may get a rating of one to five stars. The level of satisfaction is always accompanied by a review from the Customer about the product or service in question.
  19. Comment: an assessment or a critical commentary at the end of a review or as a response to another commentary.
  20. Question: a form used to get information from Customers/ Buyers about certain products or services.
  21. Answer: information in writing submitted to the Customer who posted a question on the Platform on the webpage of a given product. The answer is an explanation provided from one Customer to another Customer within the same discussion.

4. GENERAL PROVISIONS

  1. UGOMAN’s general terms and conditions are binding for all Customers of the Platform.
  2. Any use of the Platform means that you (а) have read carefully the general terms and conditions of use and (b) have agreed to comply with them unconditionally.
  3. The general terms and conditions may be updated and changed unilaterally by UGOMAN at any time. Such changes will become effective immediately and will be binding for all Customers..
  4. UGOMAN may change the conditions of use at any time, either at its own discretion or on the basis of a legal provision.
  5. Every time a change is made to the conditions of use, UGOMAN will inform its Customers by publishing the changes on the Platform. You, as a Customer, will be responsible for checking for any possible changes of the general conditions of the Platform any time you use it
  6. If any of the provisions of these general terms and conditions of use of the Platform turn out to be invalid or unenforceable, regardless of the reason, this will not render any of the other provisions invalid or unenforceable
  7. UGOMAN and its business partners put significant efforts into maintaining the accuracy of the information made available on the Platform. Nevertheless, taking into account the possibility of technical errors and omissions, UGOMAN explicitly notes that the images of the products are for illustration purposes only, and the delivered products may differ from them
  8. The specifications and prices of the products offered on the Platform may be changed by the respective Sellers at any time. Due to technical reasons they may contain errors, for which UGOMAN apologises to its Customers in advance
  9. It is possible that due to the limited space and the successive structure of the information the descriptions of the products may sometimes be incomplete. Nevertheless, the team of UGOMAN is always doing its best to provide you with the most relevant and important information
  10. All products, including those featured in the special offers / discount offers, are sold and delivered only while the stock lasts, even if that is not explicitly mentioned on the Platform
  11. The Platform may contain links to other websites. UGOMAN cannot be held responsible for the confidentiality policy of any websites which are not administered by it, of for any information that they may contain

5. SIGNING AN AGREEMENT

  1. The Customer shows that he/she is willing to order and buy any Products and/or Services via the Platform by placing an order online or by phone which is, thereafter, registered by him/her or by an UGOMAN employee on his/her behalf
  2. UGOMAN will send a notice to the Customer for the registration of his/her order in the system but this does not entail any acceptance, confirmation or commitment to fulfil the order. Such notice is sent by UGOMAN electronically (by email) or by phone
  3. Therefore, the Seller may deliver only one part of the Products, or all Products, or may provide only one part of the Services, or all Services requested with the Order, due to various objective reasons, including but not limited to depletion of stock. In any case, UGOMAN will notify the Customer thereof by email or by phone. In such cases the only responsibility that the Seller will have is to return any advance payments on the Products or Services
  4. The remote purchase and sale agreement between the Seller and the Customer becomes effective when the Customer receives a notice by email informing him/her that the ordered Products are ready to dispatch or that the Service may be provided
  5. The purchase and sale agreement signed by and between the Customer and the Seller includes these general terms and conditions and any additional understandings between the Seller and the Buyer. All agreements will include a warranty certificate issued by the Seller or by the supplier of the purchased Products

6. ONLINE SALES POLICY

  1. Every Customer is authorised to get access to the Platform in order to make a registration.
  2. UGOMAN reserves its right to prevent any Customer from placing an Order and/or from accessing any of the available payment methods, if it believes that this would be in any way detrimental to UGOMAN. In such cases the only thing a Customer can do is contact the Customer Service Centre of UGOMAN and ask for the reasons why the aforementioned measures have been implemented. UGOMAN will not be responsible for any damages that the Customer has suffered or may suffer as a result of this decision, regardless of its adequacy or reasonableness.
  3. The Customer may post opinions about Products and/or Services, and to contact UGOMAN at the addresses specified in the Contacts section of the Platform. Any opinions or messages that contain obscenities or inappropriate language will be removed from the Platform, or ignored.
  4. The Seller may be contacted directly or at the addresses specified on the Platform in the Contacts section.
  5. In the event of inordinately heavy online traffic, UGOMAN reserves its right to require from the Customers to enter manually the captcha validation codes for the purposes of protection of the information published on the Platform
  6. UGOMAN may publish advertising materials or information about discounts of Products and/or Services, and/or any special offers made by UGOMAN or the other sellers on the Platform for a given period of time
  7. All prices of Products and/or Services on the Platform are final prices in Bulgarian levs (BGN) or euros (EURO), inclusive of VAT and any other legally required taxes or fees..
  8. As required by law, the prices of the electronic products offered via the Platform include the so-called green tax. If the Customer / Buyer requests details about the exact amount added to the price of the Products, he/she needs to contact the Customer Service Centre of UGOMAN.
  9. If the Buyer pays online or via a bank transfer, the Seller has no responsibility for any costs relating to bank charges, fees, and other extra payments incurred by the Buyer or his/her bank in the course of the transaction, including the cases of currency exchange made by the bank of the Customer, when the currency is different from BGN. Card payments to UGOMAN are accepted as international payments from banks in Bulgaria in compliance with their rules for use of cards and for making card payments in transactions of this type, as some banks charge additional fees. The costs relating to such payments are always covered by the Buyer. Therefore, UGOMAN recommends to its Customers to check with their bank for any possible extra charges that they may have to pay in case of online payments, or in case of bank transfers when they pay for Products sold by UGOMAN.
  10. All images published on the Platform are meant to give a rough idea of the type of Products /Services sold, and not to be their exact representation. Therefore, it is possible that some of the images of the Products or Services on the Platform (static/dynamic images / multimedia presentations, etc.) may not correspond to the appearance of the product in question or may give a somewhat misleading idea of the Service that is being offered. The Seller will not be responsible for any such inconsistencies
  11. Within 14 (fourteen) days from the day of the purchase of a given Product or Service, the Buyer may be asked to write a review of the purchased Product and/or Service. This request will be made by email to the address where the user account is registered. By writing a review, the Customer contributes to the informed decisions of any other Customers and participates actively in the development of new Services and in the more detailed description of the characteristics of the Products.

7. SUBCONTRACTORS

  1. The Seller may hire subcontractors in the performance of its obligations under the remote purchase and sale agreement signed via the Platform, without the need to notify or receive the consent of the Buyer. The respective Seller will be responsible for the services provided by the subcontractor as if they were provided by the Seller..

8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

  1. The content, as defined in the Definitions section, including but not limited to the logos, any graphic imagery or signs, trade symbols, dynamic symbols, texts and/or multimedia content of the Platform, is owned exclusively by UGOMAN.
  2. UGOMAN has and reserves all intellectual property rights related in any way to the Platform, regardless of whether they are its own or if it acquired them under license agreements, or in any other lawful manner.
  3. None of the provisions of the remote agreement signed by and between UGOMAN and the Customer will be construed as an authorisation from UGOMAN to the Customer to copy, disseminate, publish, provide to third parties, or change in any way any part of the Content, including but not limited to the content of the trademarks, logos, the multimedia content on the Platform or the descriptions of the Products or Services in any way, including by entering any type of content from outside the Platform, or by removing the symbols denoting UGOMAN’s ownership on any such Content. The Customer will not be authorised to transfer, sell, or disseminate any materials created via reproduction (copying), alteration or publication of the Content, unless explicitly allowed by UGOMAN
  4. The Customer may copy, transfer and/or use the Content only for personal non-commercial purposes and only if this is not in conflict with the provisions of this chapter of the document
  5. The Customer may use the Content for commercial purposes only with the explicit consent of UGOMAN and only to the extent, in the manner, and within the timeframes specified in the consent. Any subsequent or different use of the Content will be regarded as a violation of this agreement between UGOMAN and the Customer, and as infringement of the intellectual property rights of UGOMAN, which will also be entitled to hold the Customer responsible for that
  6. All other types of use of the Content for purposes outside the ones expressly authorised herein or in any other explicit consent in writing given by UGOMAN will be unacceptable

9. ORDERS

  1. Customers may place Orders via the Platform by adding the Products and/or Services they wish to buy to their shopping cart, following the steps set out on the Platform in order to complete and send the Order.
  2. The Products and/or Services added to the shopping cart without finalizing the order will not be registered as a valid order, or automatically saved in the cart
  3. By confirming the Order UGOMAN confirms the delivery of only one unit of the Product in the registered order. The other units of the same model will be confirmed additionally or refused, depending on the available stock
  4. The Customer hereby undertakes and will be responsible for the accuracy and sufficiency of all data concerning the order, provided to UGOMAN in relation to the order
  5. By sending a request, the Customer authorizes UGOMAN and/or the Seller to contact him/her in any of the authorized ways when this is necessary for the order or the signed agreement.
  6. The Seller will have the right to refuse to fulfil (i.e. to cancel) the order placed by the Customer, but it has to notify the Customer thereof. The cancellation of the order will not entail any kind of responsibility or subsequent liability for any of the parties to the other party and, therefore, neither will be entitled to claim compensation for such cancellation in the following cases: if the bank refuses to accept the transaction of the Customer in online transfers; a transfer which fails to be received by the Seller in online payments; if the data provided by the Customer on the Platform is incomplete and/or incorrect;
  7. The Customer will cover all direct costs incurred in the return of the Products offered by UGOMAN if the Customer decides to cancel the remote agreement and if this happens within the timeframe set out by UGOMAN. Such time period starts running on the day when the Service Agreement is signed or from the day when the purchased Product is received by the Buyer or by a third party different from the courier. The Customer will have to return the product to UGOMAN at the following address: Bulgaria, Sofia, Lozenets Housing District, 17А Dragalevska Street, Apt. 11, and in the meantime notify the Seller thereof on the following address [email protected] or by calling (+359) 897777768. The Customer may return the Product(s) by filling in the online form provided for that purpose by UGOMAN. In such case a courier sent by UGOMAN will pick up the Products from the address specified by the Customer and the latter will pay the fee of EUR 4.99 charged by the courier
  8. The Seller hereby agrees to refund any sums paid under a remote agreement if the Buyer cancels it within 14 (fourteen) days from the date on which a document is received from the Customer proving that he/she has returned the Product in question. The sum will be refunded as described below, without any additional costs for the Customer, unless the servicing bank requires some further charges: For payments made with debit / credit card – by transferring back the sum to the account wherefrom the payment was originally made; For payments upon delivery – the sum will be transferred to a bank account specified by the Customer; For payments made with consumer loans – upon termination of the consumer loan agreement and recalculation of the repayment installments – most often to the bank account from which the loan repayment installment were made, or in any other way specified by the bank who lent the loan.
  9. The Seller may delay the refunding of the sum in the event of the cancellation of an agreement until such time as it receives back the Products or a proof of their return, if it hadn’t proposed to pick up the Products personally, whichever is earlier
  10. When the Customer has created an account, he/she can use the Favourites section, where he/she can make his/her own lists. These lists may be public or private. The public lists will be visible to any third parties with whom the Customer shares them in the social networks, as well as to any other users who have accounts on the Platform. The private lists will be visible only to the Customer who created them. The Customer decides which lists to make public, and which to keep private. He/she can change the status of any list at any time

 

10. PRODUCTS/SERVICES WHICH CANNOT BE RETURNED

  1. Custom-made products designed in compliance with the requirements of the Customer
  2. Products which due to their nature have been mixed with other products and cannot be adequately separated;

11. CONFIDENTIALITY

  1. The Customer hereby agrees that by submitting any kind of personal or other data to UGOMAN, he/she agrees that such data may be used by the latter for the following purposes: (1) to maintain the account of the Customer, including for registration of orders, delivery of ordered products, provision of requested services, settlement of disputes with Customers related to their Orders or reviews of their claims; (2) to send newsletters or periodical notifications by email or by text messages; (3) to do market research, to monitor and supervise the sales and the customer/user behaviour
  2. The Customer hereby agrees to provide to UGOMAN unlimited access to any materials and information sent to the Seller through or in relation to the Platform, regardless of whether he/she has placed an order or made a transaction via the Platform. UGOMAN has the right to use, reproduce, publish, change, transfer and disseminate any such information and materials. The Customer explicitly agrees that UGOMAN may freely use and process for its own purposes the ideas, concepts, and know-how submitted by the Customer in any way in relation to the Platform or any actions / omissions of the Customer via or in relation to the Platform. UGOMAN will not be responsible for keeping such information confidential, unless this is required by the existing laws.
  3. By providing personal data to UGOMAN (including an email address), the Customer gives his/her explicit consent to be contacted by UGOMAN or third parties such as couriers, sellers, partners of UGOMAN and suppliers of marketing services, state, municipal or non-governmental agencies or companies specialising in insurance or financial services, when this is stipulated by the relevant laws, or any other companies with which UGOMAN may develop common programmes for placing Products and/or Services on the market, etc.
  4. By providing personal data to UGOMAN, the Customer gives his/her explicit consent for such data to be included in UGOMAN’s database, and further gives his/her explicit consent for such data to be kept, used, and processed for the purposes specified in section 11.1.

12. ADVERTISING

  1. The moment when the Customer makes an account on the Platform, he/she is asked whether he/she wants to receive the newsletter.
  2. The Customer may give up his/her right to receive the newsletter by clicking on the special link contained in every newsletter, or by changing the settings in his/her account, or by contacting UGOMAN in any way, including but not limited to email, telephone at 0897777768, or by email to [email protected], etc.
  3. The refusal to receive the newsletter does not entail an automatic refusal to sign this agreement.

13. INVOICING – PAYMENT

  1. The prices of the Products and Services offered on the Platform are final and inclusive of VAT and of any other taxes and fees required under the current Bulgarian legislation
  2. The price, the payment method and the deadlines for payment of invoices are specified in each Order.
  3. The Customer is required to submit all the information necessary for the issuance of the invoice in compliance with the Bulgarian legislation.
  4. The Seller will issue an invoice to the Customer for all requested and delivered Products or provided Services using the data submitted by the Customer
  5. UGOMAN will issue an invoice for the payment of every Order whereby the Customer bought a Product and/or a Service offered via the Platform by UGOMAN. The Customer hereby agrees to receive such invoices electronically (to his/her email address or as an upload to his/her account). If these payment documents are not made available in 48 h (forty-eight) hours, please notify us at [email protected] or by calling (+359) 897777768
  6. In view of the correct issuance of the invoice for the order, the Customer will need to update continuously his/her account information. He/she will need to browse the information contained in the Order and make sure it is sufficient, true and accurate.

14. DELIVERY OF PRODUCTS

  1. The Seller hereby agrees to deliver the ordered and purchased Products either personally or via a courier service to the address specified by the Customer or to one of the offices of the courier company as requested by the Customer
  2. The Seller will make sure that all Products are packed appropriately and accompanied by the relevant documents. If it happens that the delivery does not include any of the required documents, please contact us at [email protected] and we will do our best to supply you with any such document as soon as possible
  3. UGOMAN will deliver the Products and provide the Services in the territory of the Republic of Bulgaria and the European Union. The conditions and the delivery price of the UGOMAN products will be communicated to the Customers at the delivery terms webpage on the Platform

15. WARRANTIES

  1. The Seller offers all Products on the Platform with a warranty for compliance of the product with the provisions of the agreement, as required in the existing laws. There is an exception for some categories of products which due to their nature cannot be subject to warranty. Every seller is exclusively and independently responsible for the compliance of the Product / Service with the signed agreement
  2. All Products sold and delivered by UGOMAN have warranty certificates issued by UGOMAN. This is valid for all products sold with warranty.
  3. The conditions of use, handling, and shipping of an unpacked product are the same as the ones for the products packed by the manufacturer, and have the same privileges, unless otherwise specified on the webpage of the Product.
  4. The repair of products outside their warranty period or during the warranty period but after it is established that the responsibility of the Seller to repair the Product has been cancelled in some way, will be paid by the Buyer and will be done within a time limit agreed by the parties.

16. TRANSFER OF OWNERSHIP

  1. The ownership of the Products will be transferred by the Seller when the shipment is delivered to the Buyer and the latter has paid the agreed price. The delivery of the Product will be certified with the signature of the Buyer placed on the shipping document provided by the courier..

17. LIABILITY

  1. The Seller will not be liable for any damages suffered by the Buyer as a result of force majeure circumstances or circumstances outside the reasonable control of the Seller.

18. FORCE MAJEURE

  1. Neither party will be liable if it fails to perform its obligations under the agreement where such failure is caused by a force majeure. A force majeure event is any unforeseeable event outside the reasonable control of the parties which cannot be avoided.
  2. If within 14 (fourteen) days from the date of the event it is still going strong, either party may notify the other that it wishes to terminate the Agreement, without having to pay any kind of compensation to the other party, for any possible damages.

19. GOVERNING LAW – JURISDICTION

  1. This agreement is regulated by the Bulgarian laws. Any disputes that may arise between UGOMAN and its Customers will be settled by mutual agreements and if that proves impossible, the disputes will be referred to the competent Bulgarian courts in the Municipality of Sofia.

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