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Terms and Conditions
Please read these Terms and Conditions carefully before using this website. By accessing and using this website, you agree to these terms and accept them unconditionally and without restriction. In the event that you DO NOT ACCEPT the General Terms, please do not use this website. This document contains General Terms and Conditions, according to which Target finance EOOD provides services to its customers through the online store www.modawig.com. These conditions are binding for all Clients. Customers are considered notified and agree with them before making the request to purchase goods from the e-shop. By accepting these General Terms and Conditions, the Clients give their explicit consent to conclude a distance contract within the meaning of the Consumer Protection Act.
1. Conclusion of the contract
The presentation of goods in the online store does not constitute a legally binding offer but a non-binding online catalog instead. By clicking the button “order”, you submit a binding order regarding the goods in the shopping cart. The confirmation of the order’s receipt is issued immediately upon sending the order and does not constitute acceptance of the contract. We may accept your order by sending an order confirmation via email, phone or by shipping the goods between 1-4 /one-to-four/ working days, at which point the contract is formed between us.
2. Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Target finance EOOD, UIC: 201660837, Golash 14 str., 1111 Sofia, Republic of Bulgaria, phone +359879 325230, email: info@modawig.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, courier or via e-mail). You may use the attached model withdrawal form approved by the Bulgarian Consumer Protection Commission, but this form is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 calendar days from the day on which we receive back the goods unopened and in the same condition as you have received them, based on your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as accrued by us a result of such reimbursement.
You shall send back the goods or hand them over to us or to our logistics service provider, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
Your obligation would be the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion of the right of withdrawal:
The right of withdrawal is excluded for contracts on the supply of goods (i) which are made to the consumer’s specifications or are clearly personalized or (ii) which are liable to deteriorate or expire rapidly or (iii) which are sealed on delivery and are not suitable for return due to health protection or hygiene reasons, provided they were unsealed after delivery.
Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract to:
Target finance EOOD, UIC: 201660837, Golash 14 str., 1111 Sofia, Republic of Bulgaria, phone +359879 325230,email: info@modawig.com
I/We* hereby give notice that I/We* withdraw from my/our* contract:
of sale of the following goods*:
for the provision of the following service*:
ordered on*/received on*:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) only if this form is notified on paper:
Date
________________________________
* Delete as appropriate.
3. Shipping
Delivery is provided Worlwide and is deemed to have occurred when the goods are delivered to the address specified by you.
4. Warranty:
We are under a legal duty to supply products that are in conformity with these terms and conditions. If the delivered goods are defective, you are entitled to your statutory rights as a consumer. Target Finance EOOD does not give any additional warranties against defects other than the rights provided by law.
5. Liability
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking these terms and conditions or us failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these terms and conditions were entered into both us and you know it might happen, for example if you discussed them with us before or during the purchase. Our total liability to you in connection with any product purchased through our website shall not exceed the purchase price of that product. We only supply goods to consumers for their domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury arising from our act or omission, fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the goods.
6. Shipping Cost
Your order at our website is shipped free of charge for all orders Worlwide.
7. Payment
Payment can made by cash on delivery (option only for the countries: Romania, Bulgaria, Greece, Hungary, Slovenia, Slovakia), bank transfer or card (MasterCard and Visa). No discounts are offered for a specific payment. We reserve the right to offer a specific payment method only for the desired delivery, for example only methods related to the respective credit rating in order to cover our credit risk.
Payment by cash on delivery
Payment for the goods should be made upon delivery in the amount indicated on the invoice. In the event of a refusal referred to in Part 2, the refund shall be made by bank transfer. To do this, we need information about your bank account, which can be easily and securely provided to your user account. We reserve the right to issue a voucher in the amount of the value of the returned goods in case you do not provide bank account information after a second request from us.
Payment via debit/credit card
You make the payment at the time of the ordering process by filling in your card details. At the time of shipment, the actual amount will be deducted from your card, taking into account the application of discounts or vouchers, if any. Goods made to order or according to individual requirements of the consumer, lead to immediate withdrawal from your card.
Payment via PayPal
You pay directly through your PayPal account. Upon submitting your order, you will be forwarded to PayPal to clear the order value. As soon as our PayPal account has been notified about your authorization, shipping starts – depending on the shipping time indicated with the goods. Upon shipping, your PayPal account will be debited with the factual amount invoiced.
8. Prices
Our prices are in EUR and are inclusive of VAT.
9. Reservation of ownership:
Until our receipt of full payment the goods remain our property.
10. Alternative dispute resolution
We are neither obliged nor willing to participate in alternative dispute resolution procedures at consumer arbitration boards.
11. Contractual language / storage of order text
The contract is concluded in English language. The text of the order is not stored with us and cannot be accessed anymore upon completion of the ordering procedure. You may, however, print your order text immediately upon having submitted the order.
12. Severance
If a court finds a part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force in effect.
13. Waiver
The supplier reserves the right to refuse delivery of a confirmed order in case the goods are not available. In case of lack of stock of the ordered goods, within the working week, the Supplier notifies the user / customer of its exhaustion by sending a message to the e-mail address specified by the Customer or to the specified phone number. In case a transfer has been made to the Provider’s account, the customer will be able to choose between refund, cancellation of the order or through a replacement order.
All goods presented on the site and / or sold in the online store have a legal guarantee for compliance of the goods with the contract of sale according to Art. 112-115 of the CPA. The commercial guarantee does not affect the rights of consumers arising from the guarantee under Art. 112-115 of the CPA. Irrespective of the commercial guarantee, the seller is responsible for the lack of conformity of the consumer goods with the contract of sale according to the guarantee under Art. 112-115 of the CPA.
14. Governing Law and Jurisdiction
These terms are governed by the applicable Bulgarian legislation and you can bring legal proceedings in respect of the products in the Bulgarian courts.
15. Supplier identification
Target finance EOOD, UIC: 201660837, having its registered office at: Golash 14 str., 1111 Sofia, Republic of Bulgaria, phone 359879 325230, email: info@modawig.com;
16. Bulgarian Consumer Protection Commission contact details (Supervision Authority):
Consumer Protection Commission
Address: 1000 Sofia, 4A Slaveykov Square, 3rd, 4th and 6th floors,
tel .: 02/980 25 24
fax: 02/988 42 18
hotline: 0700 111 22
Email: info@kzp.bg
Website: www.kzp.bg.
Alternative Dispute Resolution Authority within the meaning of Art. 181n, al. 4 of the CPA are the conciliation commissions at the Consumer Protection Commission. In the event of a dispute related to online sales, you can also use the website mentioned above.
These General terms and condition were adopted on 04.12.2020 and shall apply starting from 07.12.2020