General conditions for sales and delivery

GENERAL TERMS AND CONDITIONS FOR SALE AND DELIVERY FROM LDG LTD

APPENDIX

  • These General Terms and Conditions for sale and delivery from LDG Ltd., hereinafter referred to as "General Terms and Conditions", contain conditions for all contracts in connection with the sale and delivery of goods offered by the Seller.
  • The General Terms and Conditions for the Buyer are valid and binding, as in the case that, the Seller accepts them in writing, and in other cases specified by Commercial Law.
  • In case of discrepancies between the organizations of the General Terms and Conditions and Commercial Law, Commercial law contracts shall have preliminary favour.

ORDERS AND DELIVERY OF GOODS

  • Inquiries and orders are considered valid when they are made in writing, by electronic means (by email or through the B2B company platform) or in-store - at LDG ltd. office.
  • In the absence of information in the correspondence regarding the method of delivery of the order, it is assumed that the terms of delivery in the Contract are met, or the Buyer will pick up the goods personally from the site of the company to which he sent the order. The delivery methods are by courier or delivery by an employee of LDG Ltd.
  • The delivery terms are fixed in the order confirmation and/or in the Contract and are based on the availability, taken into account when Seller confirmation is sent. In case the fulfilment of any of the terms is bound by a preliminary fulfilment of the Buyer's obligation, the deadline shall be considered from the date on which the Buyer has actually fulfilled his obligation.
  • In the event of a delay in delivery by the Seller caused by force majeure, the delivery time must be extended by a reasonable period of time, taking into account all the circumstances of the case.
  • If the Buyer anticipates that he will not be able to accept the delivery of the goods at the time set for delivery, he must immediately notify the Seller and, if possible, indicate the time when he will be able to accept the goods.
  • The Buyer is obliged to check the components and quantities in the order, as exchange and return of items for delivery is not offered by the Seller.

TERMS OF SALE

  • Inquiry answers provided by the Seller do not constitute an offer to seal a contract and do not bind the Seller. Any descriptions and specifications of goods contained in documents and attached to the response to inquiries from the Buyer will not be considered agreed. The seller reserves the right to make changes in them until the products and other parameters of the transaction are explicitly confirmed in writing in the order confirmation and/or in a separate contract.
  • Any data, documents and samples provided by the Seller to the Buyer prior to the conclusion of the Contract are the property of the Seller. They must not be made available to third parties. If no Contract is concluded, the Buyer undertakes to return them to the Seller or delete them within 10 days from the date of the invitation, so that they are not used by the Buyer, its employees or third parties.
  • The Seller submits to the Buyer an offer in writing, containing prices, approximate deadline and terms of delivery, method of payment and description of other specific conditions.
  • The contract is considered concluded after written confirmation of the order by the Seller to the Buyer. The seller is bound by the terms of the order only after written confirmation of the order.

RETURN OF GOODS

Return of already purchased goods can be made under the conditions specified in the Bulgarian legislation and under the following requirements:

  • Purchased goods are returned to the site from which they were purchased.
  • The goods must have preserved commercial appearance.
  • The goods must be accompanied by the document with which they were purchased.
  • The goods were purchased no more than 2 calendar months ago.
  • There is a good reason for her return.
  • Goods delivered after written confirmation of the order are non-refundable.

PRICES AND PAYMENT

  • The prices, in response to an inquiry, may be changed by the Seller in case of changes that occurred before confirming the order.
  • The prices at which the sale takes place are indicated in the previously sent confirmation or concluded Contract.
  • In case the payment by the Buyer is delayed, the amount due by him shall be charged interest for delay in the amount of 1% / one percent / for each overdue day, but not more than 20% / twenty percent / of the overdue amount.
  • In case of bank payments, the goods are received after receipt of the amount on the account of LDG ltd.
  • In case of advance payment, if the Buyer refuses to receive the goods, as well as to pay the rest of the sale price, the given advance is not returned to the Buyer.
  • In case the Buyer does not pay on time or does not fulfil other obligations from the confirmation sent by him or signed Contract, the Seller has the right, at its discretion, to take one or more actions, namely:
    • ○ to send a voluntary invitation for payment to the Buyer, in which an appropriate deadline for payment is indicated, as the expenses incurred for the preparation and sending of the invitation are at the expense of the Buyer;
    • ○ to take enforcement action;
    • ○ to terminate the Contract with the Buyer by means of a written notification and to claim full compensation for the losses indicated in the notification. Termination may take place only in cases where an order confirmation has been issued by the Seller.
  • Each product ordered and written out by an employee of the company must be accompanied by a payment document and acceptance-delivery protocol in two copies. The methods of payment are: in cash or with a POS terminal at the company's site, by cash on delivery, by bank transfer (minimum value BGN 50 with VAT):
    • IBAN: BG22 PRCB 9230 1047 6287 10
    • BIC / SWIFT: PRCBBGSF
    • Bank: Procredit Bank EAD

WARRANTIES AND COMPLAINTS

  • The warranty period for the goods is 24 / twenty-four / months. The beginning of the warranty period is considered the date of signing the Handover Protocol. All objections regarding the delivered goods / damaged or missing / should be made within 24 / twenty-four / hours after acceptance of the delivery, to the e-mail of the sales representative of the Seller, responsible for sales.
  • Differences between the goods recorded in the handover protocol and the actually delivered goods found during the counting of the goods should be communicated to the Seller within 24 hours of acceptance of the delivery in writing through e-mail to the sales representative of the Seller, indicating the following information:
    • ○ number of the handover protocol;
    • ○ number of the invoice or the receipt;
    • ○ nomenclature number of goods;
    • ○ expected quantity;
    • ○ quantity received;
    • ○ damaged quantity;
  • Damages or defects of the delivered goods, found during the warranty period, are removed by the Seller at his expense, with his means, materials and equipment, within 30 (thirty) working days from the notification.
  • The seller is not responsible for damage caused by poor maintenance, improper storage, handling and operation of the goods, as well as non-compliance with the instructions for operation and installation.
  • The seller declares that the goods he will deliver comply with the requirements for ensuring healthy and safe working conditions, according to the provisions of the Bulgarian legislation.

FORCE MAJEURE CIRCUMSTANCES

  • The seller has the right to refuse, delay or partially fulfil the order in case of Force Majeure. In this case, the Buyer has no right to demand compensation for non-performance, and the Seller is released from liability.
  • Force majeure circumstances are considered to be an objective obstacle or the so-called (circumstance, event of) force majeure - a circumstance (event) entirely dependent on and due to unforeseeable or unpredictable events or factors independent of the will or actions of one or more persons and in this non-preventable meaning as any natural disasters, typical or not for a certain region, global or local (of national importance) accidents, incl. fires, epidemics, government bans (embargoes), civil unrest, difficulties in the supply of goods with a view to closing European borders or significant restrictions on their passage, strikes, riots and all kinds of riots, terrorist or military action, etc. similar as a result of which the normal social rhythm of life is violated, respectively the possibility for unimpeded fulfilment of undertaken commitments between two or more parties under concluded agreements.

JURISDICTION

  • All disputes arising in connection with a concluded Agreement, including disputes arising from or in connection with its interpretation, invalidity, non-performance or termination, as well as disputes concerning filling in the gaps in the General Terms, shall be resolved by the competent court of Bulgaria.

GENERAL PROVISIONS

  • In the event that insolvency or liquidation proceedings are instituted against the Buyer, and/or an application for initiating insolvency proceedings is filed against the Buyer, he undertakes to immediately notify the Buyer thereof.
  • In the event that a provision of these General Terms and Conditions becomes invalid or inapplicable, the validity of all other provisions will not be affected. The invalid provision will be replaced by law.
  • In case of discrepancy between what is agreed by the parties in a separate, concluded in writing, contract and these General Terms and Conditions, the agreement in the Contract shall be favoured.
  • Notwithstanding the penalties provided for in these General Terms and Conditions, the Buyer owes the Seller compensation for all damages and lost profits incurred as a result of non-performance of the Contract.
  • These General Terms and Conditions enter into force on the date of their publication on the website of LDG ltd. https://ldg-bg.com/
  • Buyers are deemed to have been notified and agree to the General Terms and Conditions and their respective amendments from the date of their publication on the website of LDG ltd., namely: https://ldg-bg.com/
  • The seller processes the minimum content of personal data in a lawful and transparent manner. Information about the processing of personal data by LDG ltd. can be found on the company's website - https://ldg-bg.com/en-us/processingpersonaldata/
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