TERMS AND CONDITIONS OF USE

1. INTRODUCTION

1.1. The terms and conditions of use shall be mandatory for all users of the Site. The use of this web Site means that you have made yourselves familiar with the Terms and Conditions of Use and accept them. If you disagree with the Terms and Conditions of Use please do not use this web Site. These Terms and Conditions of Use are issued by Inkofoods OOD1, company ID number [EIK] 130337526, 28 Serafim Stoev Street, village of Kazichene,  е-mail: swatch.online@inkofoods.com.

1.2. Inkofoods OOD may revise these Terms and Conditions of Use at any time and may change them unilaterally. Changes to these Terms and Conditions of Use shall be binding upon the Users and therefore they must visit this page from time to time to examine the Terms and Conditions in force for the time being.

2. DEFINITIONS

1. “Seller” means Inkofoods OOD
2. “Site” means www.swatch.bg and its sub-domains
3. “Customer” means any natural or legal person or other legal entity that uses the Site www.swatch.bg in any way whatsoever, including but not limited to, by viewing it, making inquiries or recommendations, placing orders and others.
4. “Goods” means the subject matter of a contract for purchase and sale from the Site.
5. “Order” means an electronic document by which the Customer states his/her intention to purchase to the Seller.
6. “Contract” means a contract for distance purchase and sale of goods from the site entered into between the Seller and the Buyer, which contract shall be an integral part of these Terms and Conditions of Use of the site.
7. “Specifications” means all characteristics and/or descriptions of the Goods as stated in their description.

3. LICENSE

3.1. Unless otherwise established any copyrights and other intellectual property rights to all materials on this Site (including, without limitation, photographs, graphic images, logos, inscriptions, trade symbols, texts, multimedia content on the site) shall be the exclusive property of Swatch or licensees.

3.2. You may download printed information from this Site only for your own personal and non-commercial use based on the following:

3.2.1 The documents and graphics related thereto on this Site shall not be changed in any way whatsoever;

3.2.2. The graphics and images on this Site shall be used only and solely with the documents to which they refer.

3.3. You may not disseminate, change, submit for reuse, or use the contents of this Site for reuse and for public purposes without Swatch’s written permission. Swatch does not make any guarantee and does not assume any liability that the use of the information shown on this Site would not violate any third parties’ rights.

3.4. If you violate any provision of these Terms and Conditions your permission to use this Site shall be automatically dropped and you must immediately destroy any loaded or printed excerpts from this Site. You should be aware that Swatch will assert its intellectual property rights to the fullest extent of the law, including by legal proceedings.

3.5. Subject to paragraph 3.2 no part of this Site may be copied or stored on another site or included in any public or private electronic system or service without Swatch’s prior written permission.

4. GENERAL TERMS AND CONDITIONS

4.1. Inkofoods OOD shall make efforts to maintain the accuracy of the information provided in the Site. Nevertheless, considering the possible technical errors or omissions in such information Inkofoods OOD specifies that the images of the products are given for information and guidance purposes and that the products delivered may differ from their images. In particular, Inkofoods OOD shall not be liable for the accuracy, completeness, adequacy, timeliness or completeness of the information contained in this Site.

4.2. Inkofoods OOD assumes no liability and has no liability for any damages or viruses that might infect the computer equipment or other property at the expense of your access to this Site or the use or surfing in the Internet page or downloading of any materials, data, text, images, video or audio from this Site.

4.3. Inkofoods OOD reserves its right to interrupt or discontinue any or all functionalities of the Site. Inkofoods OOD assumes no liability for any interruption or termination of any or all functionalities of the Site, regardless of whether this results from actions or omissions of Inkofoods OOD, or of The Swatch Group Ltd., Biel, Switzerland, or of a third party.

4.4. The materials in this Site, including any information, might contain technical inaccuracies or typos. Inkofoods OOD reserves its right to make changes, corrections, and/or improvements to all information as well as to products and programs, to the specifications and to the prices and others described in this Site at any time and without warning.

5. CONDUCT AND MATERIAL OF SITE VISITORS

5.1. Subject to the Terms and Conditions of Use each communication or material you send to this Site by e-mail or by other means, including all data, questions, comments, proposals and other suchlike, is and will be treated as non-confidential information. Everything you submit, or write, or post on the Site shall become property of Swatch or its affiliates and may be sued for any purposes, including but not limited to reproduction, dissemination, delivery, publication, broadcasting and publishing. In addition, Inkofoods OOD is free to use any ideas, concepts, know-how or techniques contain in any general communication with the Customer, including but not limited to development, manufacturing and marketing of products that use such information.

5.2. You may not submit or send from or to this web Site materials with the following contents:

5.2.1. threatening, libelous, obscene, indecent, rebellious, insulting, pornographic contents that could incite hatred of any kind, discriminatory, threatening, scandalous, fomenting, blasphemous, in breach of trust, in violation of privacy, or one that could cause irrigation or discomfort;

5.2.2. for which you have not received all necessary licenses and/or approvals; or

5.2.3. which is or incites conduct, which would be considered criminal offence, which would result in civil or criminal liability or which is otherwise contrary to the law or violates the rights of a third party in any country around the world;

5.2.4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, damaged data or other malicious software or harmful data).

5.3. You may not abuse this Site (including, without limitation, by means of hacking).

5.4. Inkofoods OOD shall fully cooperate with all law enforcement authorities or courts [and] upon request it shall be obliged to disclose the identity of the person having published the materials in violation of items 5.2 or 5.3.

6. PERSONAL DATA

6.1. Inkofoods OOD is a registered controller of data under the Personal Data Protection Act. It is recommended that you keep confidential the username and password you use to enter/use the Site in order to avoid unauthorized access via your user account. Thus, upon each access to/use of the Site via the account (username and password) it shall be assumed that you assume responsibility for all actions made by using such account.

6.2. By entering/using the Site the Customers agree to take all necessary measures that the password security would not be discovered by third parties.

6.3. Upon registration the information provided must be correct and complete. Please be advised that you bear liability, including criminal liability, for all statements/recordings/false data provided.

6.4. Inkofoods OOD understands the importance of the confidentiality of your personal data. Upon each transaction we shall ensure the security of data of all Customers, and we guarantee that your personal data are protected.

6.5. Any information provided concerning personal data or collected by means of the operations in the Site shall be processed by Inkofoods OOD, for which Inkofoods OOD shall guarantee the security and the confidentiality of submitted data and the data transmitted via our computer system.

6.6. “Personal data” means any information that serves to identify a natural person or its equivalent.

6.7. “Processing of personal data” means any operation or set of operations carried out with respect to personal data by automated or non-automated means such as collection, recording, storage, adaptation or change, downloading, consulting, use, disclosure to third parties for delivery, dissemination or other form, incorporation or combination, deletion or destruction.

6.8. Data provided by the Customers are: first name, last name, ID number [EGN], address, е-mail address and telephone number, name of recipient of the order (addresses and telephone numbers), and financial data.

6.9. A series of data is collected in an automatic module by Inkofoods OOD such as  internet protocol (IP) address used for computer’s Internet connection; log-in; e-mail address; password; information about your computer or connection methods such as browser type and version of operating system; data that are sometimes combined with similar information collected from other customers in order to generate functions, URL (Uniform Resource Locator) full time (including date and time), number of cookies; products visualized or searched; as well as any telephone number used to connect with our operators.

6.10. Inkofoods OOD may also use data about the browser such as cookies, cookie Flash or other similar data collected via certain parts of the Site in order to prevent fraud and for other purposes.

6.11. Data and personal information provided by the Customer shall be used by Inkofoods OOD for administration of orders, for delivery of products and provision of services, for processing of payments, for communication with the Customers regarding orders, services and promotional offers, recommendations for products and services. Inkofoods OOD shall also use such data and information to improve the online store and the e-commerce platform in order to avoid or prevent fraud or abuse to the detriment of the Site as well as to enable third parties to carry out technical support, logistics and other services for the Site.

6.12. By registering on the Site / making a Request and by filling in forms with personal data the Customers declare they agree that all of their personal data be included in the database of Inkofoods OOD (and give their express and unambiguous consent to their data being stored and used by Inkofoods OOD.

7. SERVICES

7.1. INKOFOODS OOD guarantees that this Site shall be usually available 24 hours a day but it shall not be liable if for any reason this Site is not available at any time or for any period.

7.2. Access to this Site may be temporarily suspended without prior notice in the event of system failure, maintenance or repair, or for reasons beyond INKOFOODS OOD’s control.

8. SIGNING A CONTRACT

8.1. By registering a Request in the Site the Customer agrees to state by telephone or by e-mail his/her desire to receive the respective Goods from the Seller in consideration of a payment.

8.2. After the Goods are added to the shopping Cart and after the Request is completed in the Site, the Seller shall send you a notice of registration of the Order with Seller’s system, which doe not mean acceptance, confirmation or commitment for the execution thereof. Such notice shall be made by the Seller by electronic means (e-mail) or by telephone.

8.3. In this sense the Seller shall have the right not to deliver part of or all Goods or not to execute a part of the Order at Seller’s discretion, including but not limited to, due to running out of stock or price change. In any event the Seller shall notify that to the Customer by e-mail or by telephone. In such event Seller’s only responsibility shall be to return the price for the Goods, which the Seller may have received in advance.

8.4. The contract for distance purchase and sale between the Seller and the Customer shall be deemed to have been concluded as at the time of Customer’s receipt at his/her e-mail or by telephone of Seller’s notice that the Seller is ready to send the Goods from the Order.

8.5. The contract for purchase and sale entered into by and between the Customer and the Seller shall comprise these Terms and Conditions of Use and the information stated and submitted by the Customer into the Site. Each contract shall be accompanied by a warranty certificate issued by the Seller or by Seller’s supplier for the Goods purchased.

9. POLICY ON ONLINE SALE

9.1. Each Customer shall be allowed to access www.swatch.bg in order to register a Request.

9.2. INKOFOODS OOD reserves its right to restrict, at its own discretion, the access of any Customer to the realization [sic!] of the Order and/or to any of the possible methods of payment if Inkofoods OOD deems it would be to the detriment of www.swatch.bg in any way whatsoever. In such event the Customer shall only have the right to contact Inkofoods OOD (at the e-mail stated in the site) in order to be informed of the reasons that have caused the application of the aforesaid measures. Inkofoods OOD shall not be liable for any damages the Customer has suffered or may suffer as a result of that decision regardless of whether it is regular or justified.

9.3. Communication with the Seller may be carried out directly or at the addresses specified in the Contacts section of the site. The Seller may freely handle the information received without the need to state reasons for such handling.

9.4. Inkofoods OOD may publish advertising or promotional information about the Goods and/or about the promotions offered by Inkofoods OOD for certain period of time as well as information about the available stock.

9.5. All prices for the Goods on the site are final, stated in Bulgarian leva (BGN), inclusive of value-added tax and all other taxes and fees required by the law and also inclusive of shipping.

9.6. In the event of online payments by means of debit or credit card the Seller shall not be liable in any way whatsoever for any costs in relation to fees, commissions or other additional payments made by the Buyer or his/her bank on the occasion of the transaction itself as well as in cases of currency exchange applied by the bank that has issued customer’s card in cases where the currency is other than BGN. Payment by card to Inkofoods OOD is accepted as international payment by some banks in Bulgaria and according to their rules on operations with cards and card payments upon such kind of transactions the banks have the right to charge additional fees. The same also applies for transactions where Inkofoods OOD makes  to the customer, regardless of whether it does so in relation to refund of any payment to the latter or for any other reason. The costs related to such payments shall only be at the expense of the Buyer. Therefore, Inkofoods OOD recommends that its customers check with their bank for any possible additional fees that could be charged to them upon online payments.

9.7. All images published on the Site aim only to give some idea about the type of the Goods offered and not to provide an exact representation thereof. Accordingly, some images of the Goods on the Site (static/dynamic images/multimedia presentations/etc.) might not correspond to the appearance of the respective Goods. The Customer may not hold the Seller liable for any such inconsistencies.


10. ORDER

10.1. The Customer may make a Request on the Site by adding the desired Goods to the Shopping Cart by following the steps indicated in the Site in order to make and send the respective Request. After Seller’s confirmation of the Request made it shall automatically become an Order and the Contract for purchase and sale shall be deemed concluded.

10.2. Each of the Goods added to the Shopping Cart shall be available for purchase up to the amount of the available stock. Adding the Goods to the Shopping Cart without completing the Request shall not result in the registration of the Order and the automatic reservation of the Goods.

10.3. The Seller assumes responsibility to deliver only one product in a registered order. The remaining number of products of the same model shall be confirmed or refused depending on the available stock.

10.4. The Customer undertakes and it shall be his/her responsibility that all data concerning the purchase stated by him/her by the Request completed and sent by him/her to the Seller are true, complete and accurate as at the date when the order is sent.

10.5. By sending the Request the Customer permits the Seller to contact the Customer in any possible manner when necessary in relation to the Order placed or the Contract concluded.

10.6. The Seller shall have the right to refuse to fulfill (to cancel) the Request made by the Customer and shall notify such refusal/cancellation to the Customer. The cancellation of the Request shall not imply any liability or subsequent obligation for any party to the other party in relation thereto and, accordingly, none of the parties may seek indemnity from the other party for the cancellation of the Request in the following events:
• non-acceptance of the transaction by Customer’s issuing bank upon online payment;
•  performance of the cash transaction as a result of which no funds are received at Seller’s account upon online payments
•  data provided by the Customer in the Site are incomplete and/or erroneous.

10.7. The Customer shall bear all direct costs for return of Products offered by Inkofoods OOD in the site www.swatch.bg in the event that the Customer repudiates the Contract and states so within the period for repudiation granted to him/her by the Seller. The Customer must return the Product to the following address: 28 Serafim Stoev Street, village of Kazichene, as (s)he must notify the return to the Seller at swatch.online@inkofoods.com.

10.7a The Seller shall be obliged to refund the price paid under the distance Contract repudiated by the Customer within 14 (fourteen) days after the date of receipt of Customer’s notice of repudiation of the Contract. The sum shall be refunded as follows as such refund shall not result in any additional costs for the Customer:
• payments made by debit or credit card: by refund to the account from which the payment was made
• payments made by cash on delivery: to a bank account as additionally specified by the Customer in the return form.

10.8. The Seller shall have the right to delay the refund of the sum in cases of repudiation of a concluded Contract until the receipt of the Goods sold or until the Seller receives evidence that such Goods have been sent in the event the Seller has not proposed to take the Goods in person, whichever occurs earlier.

10.9. Only consumers within the Consumer Protection Act shall have the right to return the goods.

10.10. In the event that any Goods ordered and paid in advance by the Customer may not be delivered/provided by the Seller, the latter shall inform the Customer and shall refund to Customer’s account [the sum for] the Goods already paid within 14 (fourteen) days as from the date when the Seller has established that fact or from the date when the Buyer has clearly expressed his/her desire to terminate the Contract.

11. INVOICING – PAYMENT

11.1. Prices for the Goods announced on the site www.swatch.bg are final and inclusive of value-added tax as well as of any other taxes and fees stipulated in the legislation in force.

11.2. The price, the manner of payment and the term for payment are specified in each Order.

11.3. The Customer shall be obliged to provide all necessary information for the issuance of the invoice in compliance with the legislation in force.

11.4. In case that the Customer has expressly requested that an invoice be issued the Seller shall issue him/her an invoice for the Goods ordered and delivered upon a Request made and based on the information provided by the Customer.

11.5. Inkofoods OOD shall issue an invoice for each payment under an Order for which the Customer expressly states his/her desire, upon a Request made, when the Customer has purchased the Goods offered on the Site by Inkofoods OOD. The Customer agrees to receive the invoice together with the Goods as well as by electronic means to the e-mail specified by the Customer.

11.6. The Customer shall be obliged to provide accurate data in order that the invoice for the respective Order be properly made. The Customer shall be obliged to examine the information specified in the respective Order and make sure that it is complete, true and correct.


12. DELIVERY OF GOODS

12.1. The Seller shall be obliged to deliver the Goods having been ordered and purchased by a courier company to an address specified by the Buyer or to an office of the courier company depending on Customer’s choice.

12.2. The Seller shall arrange for the appropriate packaging of the Goods and the sending of the accompanying documents.

12.3. The Seller shall carry out deliveries of the Goods only on the territory of Bulgaria.

12.4. The details concerning the delivery of the Goods but not only the ones concerning the delivery term/performance shall not constitute Seller’s contractual obligation to carry out the respective delivery on a specific date. Accordingly, the Customer shall not have the right to any indemnity in the event that the date announced by the Seller for delivery of the Goods is not met.


13. RETURN OF GOODS

13.1. The Buyer shall have the right to refuse the purchase made within 14 days after the receipt of the goods without owing any indemnity, penalties and other costs except the costs for return of the goods.

13.2. The Seller shall be obliged to refund the price paid under the distance Contract repudiated by the Customer within 14 (fourteen) days after the date of receipt of Customer’s notice of repudiation of the Contract. The sum shall be refunded as follows as such refund shall not result in any additional costs for the Customer:
• payments made by debit or credit card: by refund to the account from which the payment was made
• payments made by cash on delivery: to a bank account as additionally specified by the Customer in the return form.


13.3. The Buyer shall be obliged to return the goods to the Seller without unreasonable delay not later than 14 days as from the date on which (s)he has communicated his/her decision to repudiate the Contract to the Seller.

13.4. The consumer shall be obliged to keep the Goods received from the supplier, to protect their quality and safety till return them to the Seller in the same condition in which (s)he has received them, unused.

13.5. In case that the Seller notices that the Goods have been visibly used/worn by the Buyer and then the Buyer has taken advantage of his/her right under article 13.1., the Seller shall redeliver the Goods to the Buyer at Seller’s own expense and shall not refund the payment made to the Buyer.

13.5. The Seller offers the “Check shipment before payment” service, which applies for all products offered and delivered by Inkofoods OOD.

13.5.1. If after the shipment is opened the Buyer notices that the Goods are not the same as ordered Buyer can return the Goods to Seller using the same courier.

14. WARRANTIES

14.1. All Watches on the site www.swatch.bg is warranted by SWATCH Ltd. for a period of twenty-four (24) months from the date of purchase under the terms and conditions of this warranty. The international SWATCH warranty covers material and manufacturing defects existing at the time of the purchase of the SWATCH watch. The warranty only comes into force if the warranty certificate is dated, fully and correctly completed and stamped by Inkofoods OOD.

14.2. During the warranty period and by presenting the valid warranty certificate, you will have the right to have any defect repaired free of charge. In the event that repairs are improper to restore the normal conditions of use of your SWATCH watch, or if you purchased a SWATCH watch the case of which cannot be opened, SWATCH Ltd. guarantees its replacement by a SWATCH watch of similar model. The warranty for the replacement watch ends twenty-four (24) months after the date of purchase of the replaced watch.

14.3. This manufacturer’s warranty does not cover:
- the life of the battery;
- normal wear and tear and aging (e.g. scratched crystal; alteration of the colour and/or material of non metallic straps and chains, such as leather, plastic, textile, velcro; peeling of the plating);
- any damage on any part of the watch resulting from abnormal/ abusive use, lack of care, negligence, accidents (knocks, dents, crushing, broken crystal, etc.), incorrect use of the watch and non-observance of the use directions provided by SWATCH Ltd.;
- indirect or consequential damages of any kind resulting from e.g. the use, the non-functioning, the defects or the inaccuracy of the SWATCH watch;
- the SWATCH watch handled by non-authorized persons (e.g. for battery replacement, services or repairs) or which undergoes alterations in its original condition beyond SWATCH Ltd’s control.
14.4. Any further claim against SWATCH Ltd. e.g. for damages additional to the above described guarantee is expressly excluded, except mandatory statutory rights the purchaser may have against the manufacturer.

14.5. The above manufacturer’s warranty :
- is independent of any warranty that may be provided by the seller, for which he carries sole responsibility.
- does not affect the purchaser’s rights against the seller nor any other mandatory statutory rights the purchaser may have.

14.6. The SWATCH customer service ensures the perfect maintenance of your SWATCH watch. If your watch needs attention, rely on a SWATCH official dealer or an authorized SWATCH Service Center. They can guarantee a service according to SWATCH Ltd’s standards.

15. FORCE MAJEURE EVENTS

15.1. Neither party shall be liable for its failure to fulfill its contractual obligations if such failure is due to a force majeure event. “Force majeure event” means an unforeseeable event beyond the control of the parties, which cannot be avoided.

15.2. If within 14 (fourteen) days after the date of the respective event such event does not stop either party shall have the right to notify the other party that it terminates the Contract without owing to such other party any indemnity for possible damages suffered.   


16. CONFIDENTIALITY

16.1. The Customer agrees that by providing any of his/her personal or other data to the Seller, (s)he agrees that they may be used by Seller for any lawful purposes regardless of whether such purposes are related to the Seller as it will not be necessary to request Customer’s consent to process them for further cases.

16.2. The Customer may not make public statements, declarations or other public disclosures concerning the Order or the Contract without Seller’s prior written consent.

16.3. By providing his/her data to the Seller (including e-mail) the Customer gives his/her express consent that Inkofoods OOD’s employees may contact him/her.

16.4. The Customers shall be responsible for keeping their account and password confidential and shall be fully liable for all actions carried out via their account or password.

17. LAW AND JURISDICTION

This legal information is governed by and interpreted in accordance with the Bulgarian legislation. Any disputes arising in relation to this legal information shall be subject to the exclusive jurisdiction of Bulgarian courts.