for using the Online Store SIKO.BG
These GENERAL TERMS AND CONDITIONS govern the relationship between SIKO-S Ltd. and the Users (hereinafter referred to as “customers”, where the ordering party is a trader, within the meaning of the Bulgarian Commercial Code, it should always be considered as a customer who does not enjoy the rights and obligations regulated in the Consumer Protection Act) of the electronic (Internet) page and services located on the domain www.SIKO.BG, referred to as the “Online Store” and using the information and commercial services offered by Siko.bg services(s) in the Online Store, including the terms and conditions for concluding a distance purchase agreement with SIKO-S Ltd. or another merchant (“Partner”) offering goods, products and services (hereinafter also referred to as goods only, products only and/or services only, in each case to be understood as a totality for everything offered in the Online Store) for sale through the Online Store. In order to be able to use the Services of SIKO.BG, the User shall register in the Online Store, by which the User agrees, fully accepts and undertakes to comply with these General Terms and Conditions.
SIKO-S Ltd, UIC 131141624 and VAT identification number in Bulgaria: BG131141624, with registered office and registered address: Sofia, Poduyane District, 11 Neofit Bozveli Street, 1st Floor, Office 1, registered in the Registry Agency at the Trade Register and Register of Non-profit Organizations, contact phone +359 0700 15 0 15 at the price of a city call or e-mail: email@example.com.
I. Terms and Conditions for using SIKO.BG Online Store
By registering in the Online Store, the User confirms and declares his/her agreement with the following:
1. The visualisation of products in the Online Store has the character of an online catalogue, depicting the Seller’s product portfolio and does not constitute a legally binding offer. By clicking on the “Order / Buy on Instalment / Quick Order” button, the User expresses his will to purchase the respective item. The Online System for purchases via the Online Store reflects the availability of the Products at the current time of the check, and given the dynamics of the stock turnover, it is possible that certain Products and their accessories, published and listed in the Online Store as "available" in the SIKO stores at the time of the check, may be out of stock at the time of the request and cannot be ordered and delivered via the Online Store. In all cases, Siko.bg shall notify the users who have placed an order through the Online Store of the possibility/impossibility of delivery of the goods ordered through the Online System. The Seller acknowledges receipt of the order and allocates it for processing. After successful processing, the User receives notification of the order approval and its advancement for delivery. In the event that any of the hypotheses in these General Terms and Conditions is present, the Seller may not approve the order, respectively not confirm the conclusion of a distance purchase contract.
2. The information services of the Online Store are provided “as published” Siko.bg is not responsible for the accuracy of the published information.
3. Siko.bg is not responsible and does not commit itself to any deadlines for the provision of information regarding orders already completed by the User; the status, inquiries, questions and comments about other User’s products and orders; damages and / or lost profits and other losses of any kind and amount occurring afterwards, as a result of or due to the use / inability to use / by the User; for technical problems, preventive maintenance, solutions of the administrator and others of the Online Store. The User can monitor the status of the order placed in his/her account https://www.siko.bg/profile/ or at his/her e-mail.
4. Siko.bg shall not be liable in the event that, while using the Online Store or materials from it, the User incurs damages that require renovation or repair of equipment or loss of information, and all costs associated with the elimination of such damages shall be borne by the User.
5. For certain products offered by the Seller, the User has the option to submit a request for availability and/or condition by clicking the “Order” button. In these cases, the Seller registers the request and the User receives an automatic email confirming receipt of the request. In the case of a registered enquiry, the Seller undertakes only to provide information on the availability and/or condition of the selected item and does not commit itself to the conclusion of a purchase contract for that item. /”Products with inquiry status”/
6. The Online System for purchases via the Online Store reflects the availability of the Products at the current time of the check, and given the dynamics of the stock turnover, it is possible that certain Products and their accessories, published and listed in the Online Store as “available” in the SIKO stores at the time of the check, may be out of stock at the time of the request and cannot be ordered and delivered via the Online Store. In all cases, Siko.bg shall notify the users who have placed an order through the Online Store of the possibility/impossibility of delivery of the goods ordered through the Online System.
7. It is possible that the parameters (deadline, method of delivery, etc.) of an order placed through the Online System may be changed, and Siko.bg shall be obliged to notify the User of the changes made to the e-mail and/or contact phone number provided by him/her and/or in another appropriate manner, at the latest by the time of sending to the User the message for delivery of the products, goods and/or services under the respective order. To change the delivery address, type of payment, change or add an item, change invoice data and/or other order parameters, the User should contact the online assistant of Siko.bg, at the contact details +359 0700 15 0 15, at the price of a city call or e-mail to firstname.lastname@example.org, until the order is sent for execution. No changes can be made after receipt of the subsequent notification of order confirmation and execution.
8. In order to use the Online Store services, the User must access the World Wide Web directly or through other devices that access Web-based content by securing all equipment necessary to access the World Wide Web, including a computer, modem or other means of accessing the Internet network. Siko.bg shall not be liable for any interference or technical problems preventing the use of the Online Store due to the quality of the computer equipment operated by the User.
9. When registering in the Online Store, the User shall provide true, accurate, up-to-date and complete information necessary for the sale by filling in all mandatory fields of the registration form.
10. The Seller shall not be liable for any incorrect and/or inaccurate order in the event that the User provides incorrect, inaccurate, outdated or incomplete information, and shall further have the right to deny the person further access to some or all of the services offered on the Online Store.
11. By registering on the Online Store, the User has the opportunity to opt-in and subscribe to the e-newsletter to receive information about promotions and new products, thereby confirming and declaring the following:
11.1. The User gives his/her express and unconditional unlimited consent, until his/her possible express written revocation, for the personal data provided by him/her to be collected, stored, processed and used by Siko.bg and/or third parties or Partners authorized by the Company on contractual or other grounds, for marketing and advertising purposes and analyses of Siko.bg or other persons, as well as for any other purposes not prohibited by law.
11.2. To receive information, through the provided contact details, commercial messages about products and services of Siko.bg and/or current activities, marketing and promotional messages and/or for the purposes of market research and information gathering. In the event that the User does not wish to receive such information, the User has the option to opt-out of receiving the information by clicking “Unsubscribe me” or “Unsubscribe” at the bottom of the marketing email from Siko.bg.
13. By registering in the Online Store and checking the box “I have read and agree to the General Terms and Conditions”, the User confirms and declares that he/she has read these General Terms and Conditions for the use of the services of Siko.bg. In the event that the User does not check either of the above two mandatory boxes, the registration in the Online Store will not be possible.
II. Personal data protection
14. SIKO-S Ltd. is a Personal Data Controller established on the territory of the Republic of Bulgaria and processes personal data lawfully and in good faith in relation to the purposes of its activity – wholesale and retail trade of goods and does not further process them in a manner incompatible with these purposes.
15. SIKO-S Ltd. processes personal data for the purposes indicated or on condition that the individual to whom the data relate has given his/her explicit consent. In the absence of explicit consent from the individual to whom the data relate, SIKO-S Ltd. is not entitled to process his/her data.
16. The user agrees that the personal data declared by him/her will be provided by Siko.bg to BNP Paribas Parsons Financial S.A., branch Bulgaria, in case he/she chooses the payment method “On instalments with BNP Paribas Personal Finance” and/or to DSK Bank AD, in case he/she chooses the payment method “On instalments with DSK Bank” and/or to UniCredit Bulbank AD, in case he/she chooses the payment method “On instalments with UniCredit Consumer Finance”.
16.1. The User agrees that the personal data declared by him/her will be provided by Siko.bg to Econt, Speedy and Transpress as courier service providers.
17. The personal data provided by the User, as well as the personal data that SIKO-S Ltd. receives in the process of providing its commercial services, are processed and stored by SIKO-S Ltd. in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament) and the Personal Data Protection Act. Detailed information on the purposes and legal basis for the processing of personal data; the categories of recipients of personal data; the period for which personal data will be stored; the rights of data subjects in relation to the processing of their personal data by SIKO-S Ltd, and information on how these may be exercised; contact details of the Data Protection Officer and any other information that the General Data Protection Regulation requires to be provided to Users is contained in the SIKO-S Ltd Data Protection Policy, which is published on the website of SIKO-S Ltd. https://www.siko.bg/gdpr confidentiality and is available in the stores of SIKO-S Ltd.
III. Intellectual property rights, copyrights and related restrictions
18. Users may use all services offered in the Online Store for personal, non-profit purposes and provided that the copyright or other intellectual property rights of Siko.bg or third parties related directly or indirectly to the materials in the Online Store are not infringed. It is expressly forbidden to copy, publicly distribute or give away the materials published on this Site for any purpose by the Users.
19. Siko.bg reserves the right to assign the rights to publish materials and other information published in the Online Store to third parties, subject to a further written agreement between Siko.bg and the person publishing the information.
20. When purchasing goods subject to copyright, patent and/or other intellectual property rights, Siko.bg does not grant any additional rights for use and distribution, except for the rights and/or licenses expressly mentioned by the manufacturer/distributor of the goods.
21. All products and services provided by Siko.bg that enjoy protection under the Copyright and Related Rights Protection Act, the Trademarks and Geographical Indications Act and other applicable Bulgarian and European legislation are provided to Users in their original form, packaging and medium, without any influence from Siko.bg and in accordance with the licenses and distribution rights granted by their manufacturers and/or distributors for the Republic of Bulgaria.
22. Links of the Online Store to other websites owned by third parties are published for the convenience of users. When using such a link, users do not use a service provided by Siko.bg and with regard to the use of the link outside the Online Store, these General Terms and Conditions do not apply.
23. Siko.bg is not responsible for the information and/or content of other websites owned by third parties and does not impose or recommend the use of these websites or the information published on them. Any risks associated with the use of such sites are borne by the Users.
IV. Products and services presented in the Online Store
24. The information about the products in the Online Store is divided by type, category and subcategory,
25. On the page (link) to each product listed in the Online Store, information is provided on the price, the main characteristics of the product, availability, information about the seller, in case it is different from Siko-S and additional information aimed at helping Users make an informed choice when purchasing the product. Siko.bg is not responsible for any inaccuracies in the product description that do not relate to its main product characteristics and does not claim the completeness of the information provided.
26. Siko.bg reserves the right to publish names, models and other product information in English or any other language when:
26.1. There is a danger that valuable information about the product’s features will be lost in translation;
26.2. There is no generally accepted unambiguous terminology in Bulgarian;
26.3. The product itself carries information in English or another language;
26.4. The name of the product is written in another language by the manufacturer;
27. All prices quoted in the Online Store are in Bulgarian Lev and include VAT. In case the product has several variations, the prices for each variation are indicated on the page. Siko.bg shall have the right to make changes to the published products, services, prices and other characteristics of the products at any time and without notice, and Users shall be deemed to be informed of said changes as of the moment of publication of such changes. It is possible that the information about some of the published products may not be updated, but in any case, when placing an order through the Online Store of products with not updated information, Users will be notified of the update of information before the products are delivered to them. Some of the information published in the Online Store may relate to products that are out of stock and/or currently unavailable. All prices listed on the Online Store are updated monthly. All prices on the Online Store are for online purchase of products from the Online Store.
V. Purchasing products and/or service from the Online Store
28. The User has the right to order all products and services listed in the Online Store Siko.bg. When placing the order, the User has the right to choose the type, brand and model of the products and their quantity, payment terms, delivery method, according to the options offered in the Online Store.
29. The User has the opportunity to place an order for a product that at the time of the order is not available in the stores of SIKO-S Ltd. and/or is ordered specifically for the Customer from the respective supplier. These products are indicated with a label “On Order” on the picture itself, and the delivery time is visualized immediately below the product.
30. The Customer has the option to specify a desired delivery time, which can be changed depending on the ability of SIKO-S Ltd. and/or the courier to deliver on the specified date at the specified location and address. In the case of “buy on instalments”, the User does not have the option of specifying a delivery period of his choice – in these cases it is from 24 hours to 4 days and up to 25 business days for individual orders and starts from the moment SIKO-S Ltd. receives the notification of applicant approval for credit from the lending institution.
30.1. The term may be extended on public holidays and/or weekends, by the period of non-business days. In all cases, there may be a delay in the stated delivery times, for which the user shall be notified by Siko.bg in due time.
30.2. For each order for which the delivery period has expired due to the fault of the user/customer, SIKO-S Ltd. shall charge a “store fee” for storing the ordered products, goods and/or services, for each order, in the warehouse and/or office of SIKO-S Ltd. and/or in the office and/or warehouse of the courier to whom the order has been handed over for delivery, as follows:
- standard consignments up to 5.00 kg and/or up to 5 sq. m – BGN 3.00 per kg/per sq. m/per day
- standard consignments from 5.00 kg to 30.00 kg and/or from 5 sq. m. to 30 sq. m. – BGN 5.00 per kg/per sq. m/per day
- standard consignments over 30.00 kg and/or over 30 sq. m – BGN 10.00 per kg/per sq. m/per day
30.3. The User shall be entitled to receive the order, upon payment of the relevant shop keeping fee, in case of delay and/or in case of expiry of the delivery period due to the fault of the User/Customer.
31. At any time prior to completing an order by clicking on the “Pay” button, the User is entitled to make changes to his/her selected products and services through his/her shopping cart. After the successful submission of the order, changes can be made until the moment of receipt of an email message confirming and/or fulfilling the order, by contacting our assistant. After receipt of a confirmation notice and/or sending the order for fulfilment, changes are not allowed.
32. When placing an order through the Online Store, the User enters into a contractual relationship with SIKO-S Ltd. for the purchase and sale of the selected product, regulated by these General Terms and Conditions, and the contract shall be deemed concluded upon receipt of the confirmation of a successfully processed order by Siko.bg, containing all the above parameters and in accordance with the instructions specified in the Online Store and/or in the email confirmation of the order;
33. Siko.bg has the right to change the prices indicated in the Online Store at any time and without being obliged to notify the Users in advance. The User is obliged to pay the price that was indicated in the Online Store at the time of confirming the order, regardless of whether it is lower or higher than the updated price. In the event of technical errors in the information published in the Online Store, as a result of which the order cannot be fulfilled, Siko.bg shall have the right to refuse the execution of the order and shall not owe any compensation to the User other than the refund of the amounts paid and/or deposited by the User for the cancelled order, if any.
34. Discounts for loyal customers of SIKO-S Ltd. may be used for purchases from the Online Store.
35. Promotional discounts may be used for purchase from the Online Store.
VI. Terms and Conditions for Online Buy On Instalments from the Online Store
36. Any user wishing to purchase product(s) on instalments through the Online Store should apply to a credit institution (BNP Paribas Personal Finance, DSK Bank AD and/or UniCredit Bulbank AD) for a consumer loan.
37. The right to apply for a credit shall be granted only to a user whose specific online order has a total online price (excluding the shipping cost) equal to or greater than BGN 250.00 (two hundred and fifty), regardless of the number and unit online sales price of the products included in the order.
38. The application shall be made via the Online Store or in a Siko-S outlet, by clicking on the “Buy on Instalment” button or by filling in an application form with our sales consultant authorised for this purpose, after which the procedure provided shall be followed.
39. The conditions to be met by the consumer in order to be granted credit are determined unilaterally by the credit institution, in accordance with its credit policy. SIKO-S Ltd. is not involved in any way in the purchase credit financing, as well as in any of the relations that arise between the Consumer and the credit institution in connection with the credit, including, but not limited to, the determination of the conditions for applying for credit, the approval or refusal of credit, the determination of the terms and conditions of the credit agreement, in the event of default – in taking the actions provided for by law related to enforcement, etc. SIKO-S Ltd. is not a representative and does not perform intermediary activity in favour of any credit institution.
VII. Payment for purchased products and services
40. In case of payment in cash or by cash on delivery of the ordered and delivered products and/or services, the User is obliged to pay at the time of delivery to Siko.bg or its representative / subcontractor, carrying out the delivery of the ordered products, its full value, according to the confirmed order and the accompanying purchase documents.
41. In case of payment by bank transfer, the User shall pay an amount equal to the value of the ordered products, according to the confirmed order, to the bank account of Siko-S Ltd. indicated in the generated pro forma invoice and only after the payment is confirmed and the corresponding amount is credited to the bank account of Siko-S Ltd., Siko.bg shall perform the delivery of the ordered products and/or services.
42. When paying by debit or credit card (virtual POS terminal), the User pays an amount equal to the value of the ordered products, according to the confirmed order, through a virtual POS terminal and only after the payment transaction is confirmed, Siko.bg shall perform the delivery of the ordered products and/or services.
43. In case of payment by means of a consumer goods credit from a credit institution partnering the Seller, the rules of Section VI of these General Terms and Conditions and the consumer credit agreement concluded between the User and the respective financial institution shall apply.
44. The prices of the Products and Services advertised on Siko.bg are final and include VAT as well as all other taxes and fees provided for in the applicable Bulgarian legislation.
45. Orders of Products offered by Siko.bg with a value exceeding BGN 5,000 shall not be payable upon delivery, but shall be paid in advance by bank transfer or bank card.
46. The User is obliged to provide all information necessary for the issuance of the invoice in accordance with the Bulgarian legislation in force.
47. The Seller shall issue an invoice to the User for the Products and/or Services ordered and delivered based on the information provided by the User.
48. Siko.bg shall issue an invoice for each payment for an Order through which the User has purchased products and/or Services offered on the Platform by Siko.bg. The User agrees to receive such invoice electronically by its uploading to the User Account. In the event that such payment documents are unavailable for more than forty-eight (48) hours in the User Account, please notify us at the e-mail address on the Site.
49. In order to properly compile the invoice for the respective Order, the User is obliged to continuously update the data in his/her Account. He/she is obliged to review the information provided in the relevant Order to ensure that it is complete, correct and accurate.
50. The Customer will have a record of the invoices issued to him/her by Siko.bg in his/her account and may save or archive them at any time.
51. In the event that more than one address is saved in the Customer’s profile, the delivery will be sent to the one indicated as the primary address.
IX. Delivery of purchased products
The delivery of products shall be made in one of the following ways:
52. Delivery to an address with Siko.bg transport.
- Delivery by Siko.bg transport is free of charge** for the total amount of the order over BGN 899 within the cities of Sofia, Pazardzhik, Burgas, Ruse, Veliko Tarnovo and Pleven.
Transportation outside the city limits is with an external courier company partner, starting from the outgoing city sign.
** Free shipping does not apply to products on promotion. For products in promotion delivery is BGN 40.00 for cities with Siko.bg outlets or if in the area with an external courier company partner, starting from the outgoing sign of the city. Free shipping is only for online orders placed through the site.
- Deliveries with Siko.bg transport do not commit to an exact time. They are carried out between 10:00 AM and 5:00 PM on business days after a pre-arranged day with the User.
Unloading is responsibility of the user/customer, the persons transporting the goods, the products and/or the order as a whole shall have no obligation to perform unloading operations for the benefit of the user/customer. Delivery to an address shall not take place, if parking space is not provided for the vehicle in which the delivery is made. It is the commitment of SIKO-S Ltd. and/or the courier to deliver “to a pavement” accessible for loading and unloading operations, which forms part of the road and/or street network, where temporary parking of vehicles is permitted.
- Claims for obvious and transport defects shall only be accepted on the spot upon delivery of the products.
In all cases of unjustified refusal to receive delivery of products, the customer shall be liable for payment of the cost of transport in both directions (double the cost of clause 52).
In the event that the delivery is carried out by transport of Siko.bg and the User finds external visible defects, he/she is obliged to describe the problems in the appropriate field of the documents for delivery, in the presence of an employee of the seller and immediately notify the seller by phone + 359 0700 15 0 15.
53. Receipt of products on site, at the Seller's shop/warehouse.
Where the User specifies “Personal collection from store”, the User shall be notified via the mobile phone provided when the products/services will be ready for collection.
The Seller/SIKO-S Ltd. shall provide the User with the opportunity to collect the products from the Seller’s warehouse/store without commitment for freight activities within 5 business days after notification by Siko.bg that the order is ready and awaiting receipt.
Taking of the order by the User/Customer, after the expiry of the time limit for receipt under the preceding sentence, shall be in the event the User/Customer pays the shop keeping fee under clause 52. SIKO-S Ltd. shall be entitled to cancel the order placed, after the expiry of the time limit for receipt.
In the event of non-receipt of the ordered goods and products by the user/customer, through his/her fault and if the same has made payment for the order (in full and/or in part), SIKO-S Ltd. shall be entitled to retain 15 (fifteen) percent of the value of the order and the delivery costs, as a penalty. The remainder of the price paid after deduction of the penalty agreed in accordance with these General Terms and Conditions shall be returned to the user/customer within 14 days from the day on which the delivery period expired, to a bank account specified by the user/customer.
The Seller will ensure that the Products are properly packed and that the accompanying documents are sent. If for any reason the shipment does not contain a document required with the Product ordered, please contact us at the e-mail address indicated on the Site and we will do our best to provide it to you as soon as possible.
54. Delivery of products by a courier company.
For deliveries we use courier companies Econt, Speedy and Transpress, which will deliver the order to a specified address or “on request” – in a convenient office for you. The prices of all products and services listed on the site are in Bulgarian lev (BGN) and include VAT (20%). Prices for each shipment are different, depends on the tariff of the courier company. It is at your expense and you pay directly to the courier.
Each product delivered by our courier is insured. The courier is responsible for any damage caused during transportation.
The prices quoted for delivery do not include product insurance, which is 0.5% of the order value.
If you find any damage upon receipt, please fill in a Claim Inspection Report in the presence of the courier.
55. The customer must, upon receipt of the products, examine them in the presence of the courier. If a defect is detected as a result of transportation, a Claim Inspection Report is required from the courier, describing the damaged items. WITHOUT a completed Claim Inspection Report, claims regarding the integrity of the products will not be considered!!!
56. The customer is obliged to check the purchased products for differences in colour, shade, for visible defects, for deformations, for differences in dimensions, before use. No claims are accepted for stuck tiles, laid material and tiles other than first quality. For differences in quantities and obvious defects (broken), claims are accepted at the time of handover.
The company is not liable if the User has not provided for wastage.
Returns of tiles within 14 business days from the date of purchase can be made in their original packaging and appearance, only whole cartons at the expense of the User to the address of Siko.bg.
57. Siko.bg shall not be liable for any delay in delivery due to circumstances beyond the control of Siko.bg, such as a delay on the part of the courier making the delivery.
Upon acceptance of the delivery by the User without remarks, any and all subsequent claims for external visible defects of the received products shall be deemed unfounded and as such shall not be satisfied.
In the event that a damage report is not drawn up and signed in the presence of the courier or external defects are not noted in the delivery documents with Siko’s transport upon receipt of the products and/or the consumer does not immediately notify Siko.bg at + 359 0700 15 0 15 at the time of delivery, the consumer shall lose the right to bring the identified external visible defects into compliance with the sales contract.
58. In the event of an incorrect or inaccurate address, contact person and/or telephone number when placing the order, Siko.bg shall not be held liable for inaccurate performance or non-performance of the order as a result of the incorrect and/or inaccurate information provided by the User.
59. Upon delivery of the products (except in the case of delivery of products on instalment basis), the User or a third party previously designated by him/her shall be obliged to sign the accompanying documents for the delivery. A third party shall be deemed to be any person who is not a party to the contract of sale and purchase concluded with SIKO-S Ltd., but accepts the products upon delivery to the delivery address specified by the Consumer.
60. In the event that the User is not found within the delivery period at the address specified by him/her and/or access to the delivery address is not provided, Siko.bg shall be released from its obligation to deliver the products ordered and the User shall lose the opportunity to have the products ordered by him delivered.
61. When the delivered products clearly do not correspond to the products ordered for purchase by the User and this can be ascertained by simple inspection, the User shall have the right to request that the delivered products be replaced with products corresponding to the concluded contract of purchase and sale of products, by notifying Siko.bg of such request by phone +359 0700 15 0 15 or by e mail: email@example.com. immediately, at the time of delivery. Upon acceptance of delivery by the User without remarks, any and all subsequent claims shall appear to be unfounded and as such shall not be satisfied.
62. Siko.bg reserves the right to choose / change the subcontractor carrying out the delivery, without being obliged to inform the User in advance, as long as this does not affect the method and time of delivery.
63. Siko.bg carries out deliveries, including through subcontractor(s) only on the territory of Bulgaria.
X. Cancellation of purchased products
64. Products that have been manufactured / imported on individual order (specifically for the customer), installed or glued tiles or other products cannot be returned.
65. The consumer, a natural person who does not have the capacity of a trader within the meaning of the Commercial Code, has the right to withdraw from the distance purchase contract or from the off-premises contract without giving a reason, without compensation or penalty, within 14 days from the date on which the consumer or a third party, other than the carrier and indicated by him, has taken possession of the products or the date on which the Consumer or a third party, other than the carrier and designated by him, has taken possession of the last product, in the case of a contract under which multiple products are ordered in one order.
66. In the case of an order for products that are not available in Siko stores at the time of the order, the Consumer shall have the right to withdraw from the distance purchase contract or from the off-premises contract, without giving any reason, without compensation or penalty, within 14 days from the date on which the Consumer or third party, other than the carrier and designated by him, has taken possession of the products or the date on which the Consumer or a third party other than the carrier and designated by him has taken possession of the last product, in the case of a contract under which multiple products are ordered in one order, in accordance with the provisions of the Consumer Protection Act.
67. In order to exercise the right of withdrawal, the User should notify Siko.bg of his name, geographical address, order number and, if any, telephone number, e-mail address and of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or e-mail). The user may use the attached Standard Withdrawal Form, but this is not obligatory:
68. The User may also fill in and submit electronically the standard opt-out form or any other unambiguous opt-out request, and in the event that the User uses this option, Siko.bg will immediately send a message confirming receipt of the opt-out on a durable medium or by e-mail. In order for the withdrawal period to be complied with, it is sufficient for the user to send his/her communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
69. In the event that the consumer withdraws from the contract, Siko.bg shall refund all payments it has received, including the costs of delivery (except for the costs of return, which shall be borne by the consumer or additional costs associated with a delivery method chosen by the consumer other than the standard delivery method offered by Siko.bg), without undue delay and in any event no later than 14 days from the date on which the consumer informs Siko.bg of his decision to withdraw from the contract.
70. By accepting these terms and conditions, the User expressly agrees that the refund of the amount paid by him/her shall be made to the bank account provided by him/her.
71. Siko.bg has the right to postpone the refund until the products have been received back or until proof has been provided that the products have been sent back, whichever is the earlier.
72. The User shall send back to Siko.bg or return the Products without undue delay and in any event not later than 14 days after the day on which he informed Siko.bg of his withdrawal from the contract to one of the addresses indicated (https://siko.bg/shops).
The deadline is deemed to have been met if the consumer sends the products back to Siko.bg before the expiry of the 14-day period.
The direct costs of returning the products are borne by the User.
73. The products shall be returned in the original packaging in its entirety, complete with accompanying documentation and without damage, in the form in which they were received. Siko.bg reserves the right, in the event that the returned products have damaged packaging, signs of use, scratches, bumps, damaged by impact, missing accessories, warranty card, to consider whether to accept the returned products.
74. The provisions on the consumer’s right of withdrawal from the distance purchase contract shall not apply, respectively no return of products shall be allowed, in contracts:
- for the delivery of products or services the price of which depends on fluctuations in the financial market which cannot be controlled by the Seller and which may occur during the period for exercising the right of withdrawal;
- in the case of delivery of products made to the Buyer’s order or according to the Buyer’s individual requirements; in the case of tiles or other products installed or glued.
- in the case of delivery of products which, by their nature, may deteriorate or have a short shelf life;
- for delivery of products which, having been delivered and due to their nature, have become mixed with other products from which they cannot be separated.
75. Siko.bg shall be liable to the consumer, a natural person, who does not have the capacity of a trader within the meaning of the Commercial Code, for any lack of conformity of the consumer goods with the contract of sale which exists at the time of delivery of the products and which manifests itself within two years after delivery, in accordance with the provisions of Article 31 of the Digital Content and Services and Sale of Goods Act (“Statutory Warranty”). The trader shall be liable under the Statutory Guarantee towards persons having the status of consumers within the meaning of §6, Item 6 of the Additional Provisions of the Digital Content and Services and Sale of Goods Act – any natural person who, in connection with contracts for the provision of digital content and digital services and contracts for the sale of products, acts outside the scope of his trade or business, craft or profession or within the meaning of §13, Paragraph 1, Item 1 of the Additional Provisions of the Consumer Protection Act – any natural person who acquires goods or uses services which are not intended for the pursuit of a commercial or professional activity and any natural person who, as a party to a contract within the meaning of the Consumer Protection Act, acts outside the scope of his commercial or professional activity (“Consumer”).
76. A commercial guarantee is any obligation assumed by the trader (seller) or the manufacturer (guarantor) towards the consumer, a natural person, who does not have the capacity of a trader within the meaning of the Commercial Code, in addition to his obligation under the law to ensure the conformity of the products with the contract of sale, in order to refund the amount paid or to replace products when they do not meet the specifications or, where applicable, other requirements not related to the conformity of the products with the contract of sale, which are included in the application for a commercial guarantee or in the advertisement made at the time of concluding or before the conclusion of the contract. The commercial guarantee is an independent obligation assumed by the manufacturer and/or the trader and does not affect the rights that Users have under the provisions of the Digital Content and Services and Sale of Goods Act.
77. With each delivery of products subject to warranty service, Siko.bg shall issue and provide the User with a proper warranty card with the product details and warranty periods, as well as all the terms of the commercial warranty provided, if any.
78. The User may not invoke and shall forfeit its rights under the Commercial Warranty provided:
а) in case of a lost warranty card;
б) in case of damage caused by improper operation;
в) in case of damage to the physical integrity of the product;
г) in the event of chemical, electrical and/or other effects unrelated to the normal operation of the product;
79. The commercial warranty provided for the product does not cover product components with a limited shelf life (batteries, consumables, etc.).
80. The products and services referred to in this Online Store are limited to the General Terms and Conditions and information specified in the Online Store, without any warranties beyond those specified, including trade and destination warranties. The obligations of Siko.bg with respect to the products and services offered in this Online Store are governed by the respective agreements with the importers and/or distributors of the products provided.
81. Products offered of the Burnit and Sunsytem brand must be registered on the Burnit website – www.burnit.bg via the “Request entry” button by the customer in order to activate the manufacturer’s warranty periods. SIKO is not responsible when the customer has not followed the instructions given by the manufacturer.
82. Force majeure
Neither party shall be liable for failure to perform its contractual obligations if such failure is due to force majeure. Force majeure is an unforeseeable event beyond the control of the parties which cannot be avoided.
83. In order to increase efficiency, the electronic platform of the Online Store Siko.bg uses data files of the type “cookies” on its website and related sites used to form commercial and other improved offers to visitors of the site in a convenient way; “cookie”, is a packet of information sent by a web server to an Internet browser, and then returned by the browser each time it accesses that server. Cookies can contain arbitrary information chosen by the server, and are used to maintain the state of HTTP transactions that are otherwise “stateless”.
There are two types of cookies – permanent and temporary or session cookies. Permanent cookies are stored as a file on the computer or mobile device for a longer period of time. They enable Siko.bg to recognise the user’s browser again on a subsequent visit. Session cookies are stored temporarily when a site is visited, but are deleted the moment the page is closed. Most cookies do not contain sensitive information about personal data subjects by which they can be directly identified. The purposes for which cookies are used are most basically tracking the behaviour of personal data subjects in the following areas:
- Tracking sections of the sites that are visited;
- How much time is spent on a site;
- advertisements that are viewed and/or interacted with;
84. Siko.bg has the right to unilaterally change all terms and conditions of delivery of the products provided and any other information published in the Online Store without prior notice to the User.
85. Siko.bg reserves the right to send the User messages related to new products and services, promotions and/or changes in the terms and conditions of delivery of the products provided and any other information published in the Online Store, after the User’s consent.
86. Siko.bg administers this Online Store and its application is valid only for the territory of the Republic of Bulgaria. Siko.bg declares that the materials or services referred to in this Online Store are not suitable or available outside the territory of the Republic of Bulgaria and, accordingly, access to them from territories outside said territory is invalid.
87. Questions, inquiries and consultations of the User may be made online through the Online Store Siko.bg on the form for questions and inquiries, or through an assistant of the On-line Department at Phone + 359 0700 15 0 15 or by E-mail to firstname.lastname@example.org, within the working hours: from 9:00 AM to 6:00 PM, from Monday to Friday.
88. These Terms and Conditions may be updated at any time, and their publication in the Online Store shall be deemed to notify users of the amendments. Before finalizing their order, the User is obliged to accept these General Terms and Conditions. When using the Online Store Siko.bg, Users are obliged to comply with these General Terms and Conditions, as well as with the legislation of the Republic of Bulgaria, including international legislation, applicable to the products and services provided in the Online Store.
89. For all matters not covered by these General Terms and Conditions, the provisions of the Consumer Protection Act or Digital Content and Services and Sale of Goods Act shall apply.
90. By clicking on any link or button on the online store, as well as the link to these General Terms and Conditions, the user is deemed to have read the Terms and Conditions and all policies of the merchant available on Siko.bg, accepts them and undertakes to comply with them.
91. In the event of a dispute related to an online purchase, you may contact the relevant Alternative Dispute Resolution (ADR) bodies or use the Online Dispute Resolution (ODR) website.
These General Terms and Conditions are effective from January 1, 2022.