GENERAL TERMS FOR USE OF WWW.TSAK.GAMES
1. SUBJECT MATTER
2. SELLER’S DATA
2.1. AIBEK Ltd., UIC 204877283, ID VAT No. BG204877283, having its seat and address of management at Garlo Village No. 100, postal code 2381, Pernik District, Breznik, Bulgaria, represented by Konstantin Vaskov Popov (hereinafter referred to as “AIBEK” or the “Company”).
2.2. The Company except for seller of the goods and services available through this Web Page also administrates the e-shop TSAK Games under the Web Page www.tsak.games
2.3. You may contact AIBEK at the following address for correspondence at 24G Gen. Ivan Kolev str., mailbox №20, Sofia 1407, phone number 0888373377 or e-mail address [email protected]
3.1. Buyer – a natural person at the age of or above 16, a legal entity or other legal formation that creates an account on the Web Page, places an order and/or concludes a distance sales contract.
3.2. Seller – AIBEK Ltd. as described in details above.
3.3. Customer – а natural person, a legal entity or other legal entity, including but not limited to Buyer that receives access to the Content through the means of communication provided by AIBEK (electronically, by telephone, etc.).
3.4. Web Page – the e-shop hosted on the web page www.tsak.games and its subdomains.
3.5. Cart – a section in the Web Page that allows the Buyer/Customer to add Goods or Services that he wishes to buy at the time of their addition or at a later stage.
3.6. Order – an electronic document representing a communication form between AIBEK and the Buyer, through which the Buyer declares to AIBEK through the Web Page, his intention to purchase specific Goods from the Web Page.
3.7. Good(s)/Service(s) – any product or service available on the Web Page, including products and services mentioned in the Order, which are provided by the Seller as a result of a concluded Contract.
3.8. Contract – is a contract concluded at a distance between the Seller and the Buyer for the purchase and sale of Goods through the Web Page, an integral part of which are the current general conditions for use of the Web Page.
• all information on the Web Page that is accessible through an Internet connection and the use of a device connected to the Internet;
• the content of any message from the Buyer to the Seller, sent by electronic means and/or any other available means of communication;
• any information provided, by any means, by an employee/associate/representative of AIBEK to the Buyer/Customer through electronic or other means for its remote transmission, including but not limited to Commercial Messages;
• the information related to the Goods and/or the applied tariffs by the Seller in a certain period of time;
• the information concerning the Buyers/Customers and related to the Goods and/or the applicable tariffs from third parties, with which the Seller has concluded in some form partnership agreements;
• data about the Seller.
3.10. Commercial Messages – any type of message sent through electronic communication channels (such as e-mail, SMS, mobile/web push, etc.), containing general and thematic information, information about similar or suitable products to the purchased, information about offers or promotions, information about the Goods and Services added in the “My Cart” section, as well as other commercial (marketing) messages such as market and consumer research.
3.11. Transaction – the action by AIBEK to refund the amount paid by the Buyer as a result of cancellation, termination, refusal or non-conclusion of a Contract through the Web Page, carried out only by bank transfer.
4. GENERAL PROVISIONS
4.1. These General Terms and Conditions of AIBEK bind all Buyers/Customers of the Web Page.
4.2. Any use of the Web Page means that the Buyers/Customers has (a) read carefully the general conditions for its use and (b) has agreed to observe them unconditionally.
4.3. AIBEK reserves the right to update and amend these General Terms and Conditions of the Web Page periodically to reflect any changes in the way the website operates and the terms or any changes to the legal requirements. The document may be opposed to the Customers/Buyers from the moment it is published on the Web Page. In the event of such a change, we will publish the amended version of the document on the Web Page, therefore we ask you to periodically check the content of this document.
4.4. If any of the provisions of these general terms and conditions for use of the Web Page prove to be invalid or inapplicable, regardless of the reason for this, this does not lead to the invalidity or inapplicability of the other provisions.
4.5. AIBEK makes serious efforts to maintain the accuracy of the information presented in the Web Page. However, given the possible technical errors or omissions in this information, AIBEK clarifies that the images of the Goods are illustrative and indicative, respectively the delivered Goods may differ from the images to a certain extent.
4.6. Due to the limited space and consistent structure of the information, the Goods’ descriptions may sometimes be incomplete. However, AIBEK strives to provide the most relevant and important information.
4.7. All goods, including those in promotion/discount, are sold and delivered until the quantities are exhausted, even if this is not explicitly stated in the Web Page.
4.8. The Web Page may contain links to other sites. AIBEK is not responsible for the privacy policies and notices at websites that it does not administer, as well as for other information contained therein.
5. CONTRACT EXECUTION
5.1. The Buyer declares his desire to order and buy Goods through the Web Page by placing an Order electronically or by telephone and which is registered by himself or by AIBEK on his behalf. The Order is valid only if the Buyer upon making the Order submitted all data needed for the performance and the administration of the Order, as indicated as mandatory.
5.2. AIBEK will send a notification to the Buyer for registration of the Order in its system, which does not mean acceptance, confirmation or undertaking a commitment for its implementation. This notification AIBEK makes electronically (email) or by phone.
5.3. Due to the above, the Seller has the right not to deliver part or all of the Goods of the Order for various objective reasons, including but not limited to depletion of their stock. In all cases, AIBEK notifies the Buyer by e-mail or by phone. In such cases, the sole responsibility of the Seller is to return any pre-received price of the Good.
5.4. The Contract between the Seller and the Buyer is considered concluded at the time of receipt by the Buyer of his e-mail and/or SMS sent to his phone to notify that the Goods of the Order is ready for shipment. The Contract is concluded in Bulgarian or in English language, if available on the Web Page and is stored in the Seller’s database.
5.5. The Contract concluded between the Buyer and the Seller consists of these general terms and conditions and any additional agreements between them.
5.6. The Buyer and the Seller agree that all statements between them concerning the conclusion and execution of the Contract, may be made digitally within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the e-Commerce Act.
5.7. It is assumed that the online statements made by the Buyers are made by the same persons indicated in the data provided by the Buyer by making the Account or the respective Order in the platform.
6. ORDER. RIGHT OF WITHDRAWAL
6.1. Each Customer may place Orders on the Web Page by adding the desired Goods for Purchases in the Cart, following the steps specified in the Web Page to complete and submit the respective Order.
6.2. Any Goods added to the Cart can be purchased, if available. Adding Goods to the Shopping Cart without the Order being completed does not lead to the registration of the order and the automatic saving of the Goods.
6.3. The Buyer undertakes and is responsible for all data provided to AIBEK in connection with the Order to be true, complete and accurate as of the date of sending the Order. The Buyer is hereby informed that AIBEK will provide these data to the respective subcontractor, through which AIBEK will execute the order.
6.4. By sending the order, the Buyer allows AIBEK to contact him in any possible way, when this is necessary in connection with the order or the concluded Contract.
6.5. The Seller has the right to refuse to fulfill (cancel) the Order made by the Buyer, for which he should notify the Buyer. Cancellation of the order does not entail any liability or subsequent obligation of either party to the other in connection with it and accordingly neither of them has the right to seek compensation from the other for its cancellation in the following cases:
• non-acceptance by the issuing bank of the Buyer of the transaction for online payment;
• carrying out the money transaction, which does not lead to the receipt of funds on the Seller’s account for online payments;
• the data provided by the Buyer/Customer in the Web Page are incomplete and/or incorrect;
• The Seller has made three unsuccessful attempts to deliver the Good ordered by the Buyer.
6.6. The term of delivery of the Goods is determined for each Order separately upon conclusion of the Contract through the Web Page.
6.7. The Buyer is entitled to withdraw from the Contract within 14 (fourteen) days as from the date of receipt of the purchased Good by the Buyer or a third party different from the carrier. The Buyer should return the Good in their integrity and without visible traces of usage or violations to the package or the contents. The Goods should be return to the address at 24G Gen. Ivan Kolev str., mailbox №20, Sofia 1407 and the Buyer should notify in advance the Seller at [email protected] or on the phone number listed on the Web Page and in this document.
The Buyer does not owe any reasons for the cancellation or any penalties and expenses, except for the expenses related to the return shipment of the Goods.
The Buyer may also return the Goods by completing the electronic form of AIBEK located in the “Contacts” section at the Web Page and writing in the blank text field a request for refunding/canceling. In this case, a courier sent by AIBEK will pick up the Goods from the address specified by the Buyer.
6.8. The Seller undertakes to refund the paid price under the Contract in case the Buyer has given up the purchase within 14 (fourteen) days from the date on which the Buyer received the returned Goods in the condition required for return. The amount will be refunded as follows without incurring any additional costs for the Buyer, unless there are bank servicing fees for the return:
• 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 additionally provided by the Buyer.
6.9. All Buyers have the right to withdraw from the Contract and return the Goods, provided that when more than one piece of one and the same Goods is ordered, the packaging of only one Good has been opened. and the rest will be returned to the Seller sealed.
7. GOODS AND SERVICES FOR WHICH THE BUYER HAS NO RIGHT TO REFUSE
The Buyer has no right to withdraw from the Contract in the following cases:
• upon delivery of Goods custom-made under a special order of the Buyer or according to his individual requirements;
• in case of delivery of Goods, which due to their nature may deteriorate their quality or have a short term of expiry;
• upon delivery of sealed Goods that are unsealed after delivery and cannot be returned due to reasons related to hygiene or health protection;
• upon delivery of Goods which, after being delivered and due to their nature, have mixed with other goods from which they cannot be separated;
• in all other cases provided by law.
8. ONLINE SALES POLICY, PRICES AND PAYMENT
8.1. Access to the Web Page for the purpose of order registration is allowed to each Customer.
8.2. AIBEK reserves the right in its sole discretion to restrict the access of any Customer/Buyer to the realization of an Order and/or to any of the possible payment methods, if it deems that this would be to the detriment of AIBEK in any way. In this situation, the only right of the Buyer is to contact AIBEK to be informed about the reasons that led to the application of the above measures. AIBEK is not liable for any damages that the Buyer has suffered or may suffer as a result of this decision, regardless of its correctness or validity.
8.3. Communication with the Seller can be done through the contact information listed herein.
8.4. In case of unusually high traffic on the Internet, AIBEK reserves the right to require Customers/Buyers to manually enter the validation codes type captcha, in order to protect the information published in the Web Page.
8.5. AIBEK may publish advertising or promotional information about the Goods and/or Services for its promotions on the Web Page, for a certain period of time.
8.6. All images posted on the Web Page are for the sole purpose of giving some idea of the type of Goods offered, not to present it accurately. Accordingly, some of the images of the Goods in the Web Page (static/dynamic images/multimedia presentations, etc.) may not correspond to the appearance of the respective Goods. The Seller will not be liable for such discrepancies.
8.7. All prices of the Goods on the Web Page are final, announced in levs (BGN) including VAT and all other taxes or fees required by law.
8.8. The methods and terms and conditions of payment and delivery of the Goods available for the Buyer are indicated in the Web Page in sections “Way of payment” and “Delivery” whereas this information is considered inseparable part of this document.
8.9. In the case of online or bank payments, the Seller shall not be liable for any costs in connection with fees, commissions or other additional payments made by the Buyer or his bank in connection with the transaction itself, and in cases of currency exchange applied by the bank that issued the card to the Buyer in cases where the currency is different from BGN. Payment by card to AIBEK is accepted as an international payment by banks in Bulgaria and according to their rules for working with cards and card payments in this type of transaction, some banks charge additional fees. The same applies to the transactions that AIBEK makes to the Buyer, regardless of whether it does so in connection with the refund of any payment to the latter or for any other reason. The costs associated with such payments are solely at the expense of the Buyer. Therefore, AIBEK recommends to its clients not to consult their bank for possible additional fees that could be charged to them for online payments or those through a bank.
8.10. In case of a method of payment chosen by the Buyer: payment upon delivery (made and marked as “cash on delivery”, “postal money order” or any other type of payment permitted by law upon delivery of an order under a contract concluded from a distance), the respective subcontractor providing the delivery services calculates a fee with VAT determined by the respective subcontractor for the processing of this type of payment, in order to cover the costs of processing payments upon delivery.
8.11. The value of the delivery costs which is not included in the price of the Goods, is determined by AIBEK or the respective subcontractor providing the delivery services and will be provided as information to the Buyer when choosing the Goods and concluding the Contract.
8.12. The information provided to the Customers under this Article is accurate as at the moment of its visualization in the Web Page prior to the conclusion of the Contract.
8.13. The Customers agree that the entire information required under the Customers Protection Act could be provided via the interface of the Web Page or e-mail.
9. DELIVERY OF GOODS
9.1. The Seller undertakes to deliver the ordered and purchased Goods alone or through a courier company to an address specified by the Buyer or in the office/automat of the courier company, depending on the choice of the Buyer.
9.2. The Seller will ensure the appropriate packaging of the Goods and the sending of the accompanying documents. If by any chance the shipment does not contain the necessary document for the ordered Goods, then please contact us at [email protected] and we will do our best to provide it to you as soon as possible.
10. USE OF SUBCONTRACTORS
The Seller has the right to use subcontractors for the performance of its obligations under the Contract concluded through the Web Page without the need to notify or obtain the consent of the Buyer. The seller will be responsible for the actions of these subcontractors as his own.
11.1. The Seller offers all Goods on the Web Page with a guarantee of conformity of the goods with the Contract in accordance with the applicable law. Exceptions are possible for certain categories of goods, which due to their nature cannot be guaranteed.
11.2. The repair/service of Goods outside the warranty period or within this period, but provided that the Seller’s obligation to bring the Goods in accordance with the Contract has lapsed for any reason, is subject to payment by the Buyer and is carried out within a period agreed between the parties in accordance with the applicable law.
11.3. Regarding complaints and grievances related to the purchased Goods, the Buyers should contact AIBEK at the contact information specified in herein. Each Buyer can also make a complaint by filling out the standard form to facilitate the exercise of the right of withdrawal under the Consumer Protection Act as attached to Art. 6.7 above and send it via e-mail.
12. TRANSFER OF PROPERTY
The ownership of the Goods will be transferred by the Seller with their delivery to the Buyer, after the payment has been made by him. The delivery of the Goods will be certified by the signature of the Buyer on the transport document provided by the courier.
13. THE RIGHT TO INTELLECTUAL AND INDUSTRIAL PROPERTY
13.1. The content as defined in the Definitions chapter, including but not limited to logos, models/forms, graphics or inscriptions, trade symbols, dynamic symbols, texts and / or multimedia content of the Web Page, is the exclusive property of AIBEK.
13.2. AIBEK owns and retains all intellectual property rights related in any way to the Web Page, whether its own or obtained through contractual licenses or in any other lawful manner.
13.3. Nothing in the Contract between AIBEK and the Buyer shall be construed as an authorization by AIBEK to copy, distribute, publish, make available to third parties, modify in any way any part of the Content, including but not limited to not only the content of the trademarks, logos, multimedia content of the Web Page or the descriptions of the Goods in any way, including by introducing any content external to the Web Page, the removal of the signs indicating the ownership of AIBEK on the Content. The Buyer/Customer is not entitled to transfer, sell, distribute materials created by reproducing (copying), modifying or publishing the Content, except with the express consent of AIBEK.
13.4. The Customer may copy, transfer and/or use the Content only for personal non-commercial purposes, only in cases where this does not contradict the provisions of this chapter of this document.
13.5. The Customer has the right to use the Content for commercial purposes only if he has received the written consent of AIBEK for this and only to the part of the Content, to the manner and extent of its use, as well as within the time limits for which this consent is explicitly given. Any subsequent or different use of the Content will be considered a breach of this Contract between AIBEK and the Customer and a breach of the intellectual property rights of AIBEK, which has the right to seek the responsibility of the Customer for this.
13.6. Simply sending to the Customer or referring to the Content or parts thereof by AIBEK will not be considered as consent by AIBEK to allow the Customer to use the Content or parts thereof for its own purposes other than his personal needs, regardless of the means for communication used by AIBEK.
13.7. Any use of the Content for purposes other than those expressly permitted in these general terms and conditions or in any other express written consent given by AIBEK is prohibited.
14.1. The Buyer/Customer agrees to provide AIBEK with unlimited access and volume on any materials and information that it sends to the Seller through or in connection with the Web Page, regardless of whether it has placed an Order and made a transaction through the Web Page, except for materials containing personal data. AIBEK has the right to use, reproduce, publish, modify, transmit and distribute this information or materials. The Buyer/Customer expressly agrees that AIBEK is free to use and process for its own purposes the ideas, concepts or know-how provided by the Buyer/Customer in any way through or in connection with the Web Page or the actions/omissions performed by the Buyer/Customer through or in connection with the Web Page. AIBEK has no obligation to keep the information thus obtained confidential, insofar as this is not imposed on it by current legislation.
14.2. With regards to the provision of his personal data to AIBEK, the Customer/Buyer gives his explicit confirmation that he has become aware of the Privacy Notice of AIBEK available on the Web Page – https://www.tsak.games/privacy-policy and with the privacy notices of its subcontractors respectively when this is applicable.
15. COMMERCIAL (MARKETING) MESSAGES
15.1. After adding Goods or Services in “My cart”, the Seller may notify the Buyer/Customer about:
• Change in the price of the Goods or Services in the “My Cart” section;
• Recommendations for Goods similar to those added in the “My Cart” section;
• Availability of Goods in the “My Cart” section.
15.2. After the purchase of a Good or Service, AIBEK may send to the Buyer commercial (marketing) messages regarding:
• Offers of other Goods or Services offered by AIBEK.
15.3. The Buyer/Customer may unsubscribe at any time from the receipt of Commercial Communications by clicking on the unsubscribe link or following the steps for unsubscription posted in the respective commercial message or by contacting AIBEK for this purpose.
15.4. In addition, we may use your data for market and consumer research. We do not use data collected in the context of market and consumer research for advertising purposes. Detailed information (especially regarding the evaluation of your publications) can be found in the context of the relevant study or at the place where you make your publications. Your responses to user surveys are not sent to third parties or published. You can object to the use of your market research data at any time freely by clicking on the unsubscribe link posted in any message or by contacting AIBEK.
16. PERSONAL DATA PROCESSING
Please review our privacy notice representing part of this Document and can be reviewed here https://www.tsak.games/privacy-policy .
18. FORCE MAJOR
18.1. Neither party will be liable for non-performance of its contractual obligations if such non-performance is due to force majeure. Force majeure is an unforeseeable event, beyond the control of the parties, which cannot be avoided.
18.2. If within 14 (fourteen) days from the date of the event, it does not stop, each party has the right to notify the other party that it terminates the Contract without owing the other compensation for any damages.
19. APPLICABLE LAW. JURISDICTION
This Contract is subject to the Bulgarian legislation. Any disputes arising between AIBEK and Buyers/Customers shall be resolved by reaching a mutual consent.
The Buyer/Customer has the right to refer all disputes with the Seller regarding the performance of this Contract to the Alternative Dispute Resolution (ODR) platform available at https://webgate.ec. europa.eu/odr/main/?event=main.home.show. In case no out-of-court settlement is reached, the parties may refer the dispute to the competent Bulgarian courts and the Consumer Protection Commission.
These terms and conditions enter into force on 01.12.2020.