GENERAL TERMS AND CONDITIONS
FOR BANK CARD TRANSACTIONS VIA INTERNET
at web addresses:
The current General Terms and Conditions for the sale of products and/or services regulate relations between FAMOZZO GROUP OOD, UIC 203171695, headquarters and management address: Sofia, 123 Vasil Levski Boulevard, represented by Vasko Alexeev Vasilev, General Manager, hereinafter called the PROVIDER, of the one part, and, of the other part, customers hereinafter called CARDHOLDERS-USERS OF THE PROVIDER’S WEBSITE – www.voubs.bg.
I. PROVIDER DATA
1. Before completing a transaction the CARDHOLDER should be aware that the web address, www.voubs.bg, is owned by:
1.1. PROVIDER-OWNER data:
1. FAMOZZO GROUP OOD, UIC 203171695, headquarters and management address: Sofia, 123 Vasil Levski Boulevard, represented by Vasko Alexeev Vasilev, which will appear in the CARDHOLDER’s bank statement;
- internet addresses: www.voubs.bg/www.voubs.com
- postal address: the above-mentioned;
3. telephone: +359877330291;
4. contact email: firstname.lastname@example.org
II. RANGE AND PRICES OF PRODUCTS AND SERVICES
2.1. The products and/or services offered by the PROVIDER are:
- Own virtual currency called WINGS
- Licenses for creating online contests
2.2. The prices of the products offered are:
- WINGS 1 (one) = EUR 0.48
Taxes and fees due are as follows:
- the price includes VAT
- the VAT rate depends on the location of the purchase by the customer
- all transaction expenses and fees are covered by the customer
2.3. The currency of the transactions is EURO.
III. TERMS AND CONDITIONS FOR DELIVERING PRODUCTS/SERVICES
3.1. The current General Terms and Conditions stipulate that the term “products and/or services delivery” by the PROVIDER, accessible at www.voubs.com/www.voubs.bg, means that CARDHOLDERS-USERS can enter contracts for the purchase and delivery of the products/services offered by the PROVIDER, and perform the following actions:
1. Register and create user accounts to browse through products/services offered by the PROVIDER and use additional services providing additional information about them;
2. Make electronic statements in connection to signing and executing purchase and delivery contracts for products/services offered by the PROVIDER via the PROVIDER’s internet interface;
3. Conclude purchase and delivery contracts for the products/services offered by the PROVIDER;
4. Make all payments related to contracts with the PROVIDER via payment mechanisms supported by the PROVIDER;
5. Receive information about new products/services offered by the PROVIDER;
6. Browse products/services and their characteristics, prices and delivery terms and conditions;
7. Stay informed about their legal rights via the internet interface of the PROVIDER;
3.2. The PROVIDER delivers the products/services and guarantees the rights of the CARDHOLDER-USER in good faith and as stipulated in the law and in accordance with the best practices governing consumer relations.
3.3. CARDHOLDERS-USERS conclude purchase contracts for products/services offered by the PROVIDER via the PROVIDER’s interface accessible at his WEBSITE at www.voubs.com/www.voubs.bg, or via other means for distance communication;
1. Under the purchase contract for products/services, the PROVIDER is obliged to deliver and transfer ownership to CARDHOLDERS-USERS of the products/services specified by him via his interface;
2. CARDHOLDERS-USERS pay the PROVIDER remuneration for the products/services delivered in accordance with the current General Terms and Conditions. The remuneration amount is equal to the price quoted by the PROVIDER at the PROVIDER’s internet address.
3. The PROVIDER delivers the products/services purchased by CARDHOLDERS-USERS under the terms and conditions and in the time frame stipulated by the PROVIDER on his WEBSITE and in the current document.
4. The price of delivery is determined separately and is contingent on the price of the PRODUCTS/SERVICES.
3.4. The PROVIDER and the CARDHOLDER-USER agree that all statements related to the conclusion and execution of the purchase contract may be transmitted electronically and via electronic statements as defined in the Electronic Document and Electronic Signature Act and in art.11 of the Electronic Trade Act.
1. Electronic statements by CARDHOLDERS-USERS on the WEBSITE of the PROVIDER shall be considered made by the persons specified in the data provided by CARDHOLDERS-USERS during the registration process in case the CARDHOLDER-USER has entered the relevant access username and password.
IV. TERMS AND CONDITIONS FOR USING THE PROVIDER’S WEBSITE
1. To use the PROVIDER’s WEBSITE and to conclude purchase contracts for products/services, the CARDHOLDER-USER has to enter their username and password for remote access.
2. The username and password are defined electronically by the CARDHOLDER-USER during the registration process at the PROVIDER’s WEBSITE.
3. By entering their data and pressing the “Yes, I agree” and “Registration” buttons the CARDHOLDER-USER declares that they are familiar with the current General Terms and Conditions and that they agree with the contents of the document and that they will comply with it unconditionally.
4. The PROVIDER confirms the registration by the CARDHOLDER-USER via email to an electronic address provided by the CARDHOLDER-USER. Information about successful completion of the registration is sent to the same address. The receiver confirms the registration and the conclusion of the contract via electronic link in the letter by the PROVIDER informing them of the completed registration. Following confirmation a user account of the CARDHOLDER-USER is created and they enter contractual relations with the PROVIDER.
5. During the registration process the CARDHOLDER-USER is obliged to provide accurate and up-to-date data. In case of changes to the data the CARDHOLDER-USER is obliged to update the information duly.
6. In case the registration of the CARDHOLDER-USER is made via user account in web social networks or other networks, party to the contract is the person who owns the user account in the respective social or other network. In this case the PROVIDER has the right to access the data needed to identify the CARDHOLDER-USER stored in the social or other network.
1. The electronic address provided during initial registration by the CARDHOLDER-USER, as well as any other subsequent electronic addresses, used to exchange statements between the CARDHOLDER-USER and the PROVIDER is considered “Main Electronic Contact Address” as stipulated in the current General Terms and Conditions. The CARDHOLDER-USER has the right to change their Main Electronic Contact Address.
2. The PROVIDER follows up requests to change the Main Electronic Contact Address by sending a confirmation link to the new Main Electronic Contact Address provided by the CARDHOLDER-USER.
3. The change of the Main Electronic Contact Address is completed after confirmation by the CARDHOLDER-USER via link sent by the PROVIDER to the new Main Electronic Contact Address requested by the CARDHOLDER-USER.
4. The PROVIDER informs the CARDHOLDER-USER of the change via email sent to the Main Electronic Contact Address provided by the CARDHOLDER-USER before completing the change in paragraph 2.
5. The PROVIDER is not liable in case of an unauthorized change of the CARDHOLDER-USER’s Main Electronic Contact Address.
6. The PROVIDER may demand use of the Main Electronic Contact Address by the CARDHOLDER-USER in specific circumstances.
V. TECHNICAL STEPS TO CONCLUDING A PURCHASE CONTRACT
1. The USERS’ main tool for concluding purchase contracts for the products/services offered by the PROVIDER is the interface at the PROVIDER’s WEBSITE.
2. The contract is in English or Bulgarian.
3. The contract between the PROVIDER and the CARDHOLDER-USER comprises the current General Terms and Conditions accessible at the PROVIDER’s WEBSITE.
4. Party to the contract with the PROVIDER is the CARDHOLDER-USER in accordance with the data submitted during the registration process and stored in the personal account of the CARDHOLDER-USER. To avoid any doubt, the data referred to in the previous sentence are the data used to create the CARDHOLDER-USER’s account.
5. The PROVIDER’s interface at his WEBSITE provides the technical means to verify the data and correct mistakes when submitting information before making a statement to conclude the contract.
6. The current contract is concluded when the CARDHOLDER-USER completes the registration process with the PROVIDER. The purchase contract for products/services is concluded when the CARDHOLDER-USER places an order via the PROVIDER’s interface.
7. In order to finalize the current contract and the purchase contract for products/services the PROVIDER explicitly informs the CARDHOLDER-USER via the relevant electronic way.
8. The contract is considered concluded and confirmed when the addressees have access to the notification statements.
9. The PROVIDER delivers the products/services to the address specified by the USER and bears no responsibility in case the USER provided incomplete or incorrect information.
5.2. USERS conclude a purchase contract with the PROVIDER under the following procedure:
1. Registering at the PROVIDER’s WEBSITE by submitting all relevant data in case the CARDHOLDER-USER does not have an account at the WEBSITE.
2. Using the order interface at the WEBSITE by submitting username and password.
3. Selecting one or more product/service at the WEBSITE and adding them to a purchase list of products/services.
4. Submitting data for the delivery.
5. Selection of payment method and timing.
6. Order confirmation.
VI. SPECIFIC OBLIGATIONS OF THE PROVIDER. USER PROTECTION
6.1. The rules in the current section (VI) of these General Terms and Conditions concern USERS who – according to the data provided in the purchase contract or during registration at the WEBSITE – are consumers as per the definition in the Consumer Protection Act, the Electronic Trade Act and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
1. The main characteristics of products/services offered by the PROVIDER are specified in the description of each product/service at the PROVIDER’s WEBSITE.
2. The prices of products/services which include taxes are set by the PROVIDER in the description of each product/service at the PROVIDER’s WEBSITE.
3. Postal and transportation costs, not included in the prices of products/services, are set by the PROVIDER who informs USERS of their amount during one of the following phases before concluding the contract:
- In the description of each product/service at the PROVIDER’s WEBSITE;
- When selecting products/services for the purchase contract;
4. The payment, delivery and contract execution methods are defined in the current General Terms and Conditions as well as in the information provided to the CARDHOLDER-USER at the PROVIDER’s WEBSITE.
- The information provided to USERS in the current article is up to date at the moment of its visualization at the PROVIDER’s WEBSITE before concluding the purchase contract.
- The PROVIDER presents a detailed summary of the total cost of the order, including all products/services, before conclusion of the purchase contract.
6.3. The USER agrees that the PROVIDER has the right to receive advance payments for purchase contacts with USERS for the delivery of ordered products/services.
VII. TERMS AND CONDITIONS FOR REJECTING, RETURNING
AND REPLACING PRODUCTS/SERVICES
1. The USER has the right to terminate the contract within 14 days of receipt of the products/services without compensation or penalty and without giving any reason.
2. The right to reject under paragraph 1 is not applicable in the following cases:
- For products/services whose price depends on financial market fluctuations beyond the PROVIDER’s control;
- For virtual currency (WINGS);
- For products/services tailored to USERS’ specification or upon individual demand;
3. When the PROVIDER did not fulfil his obligation to provide information as per the definition in art.54 of the Consumer Protection Act, the USER has the right to terminate the purchase contract within 3 months of receipt of products/services. When the information in this paragraph was provided to the USER within the 3-month time frame, the termination period starts on the date of delivery of information.
4. In case the USER exercises their right to terminate the contract under paragraph 1, the PROVIDER is obliged to refund the full amount paid by the USER within 30 calendar days, beginning on the date the USER terminated the contract. The products/services return expenses are deduced from the amount paid by the USER under the contract, except in cases when the USER returned the products/services at their own expenses and duly notified the PROVIDER.
5. The USER is obliged to store the products/services delivered by the PROVIDER and is responsible for their safety and quality maintenance during the period specified in paragraph 1.
1. The products/services delivery period, and its starting date, is defined individually for each separate product/service when concluding the contract with the USER via the PROVIDER’s WEBSITE, except in cases when the products/services are grouped together.
2. In case the USER and the PROVIDER did not specify a delivery period for the products/services, the standard time frame is 30 days, starting on the next day after the USER sent the order to the PROVIDER via the PROVIDER’s WEBSITE.
3. In case the PROVIDER cannot fulfil the order under contract for lack of products/services, he is obliged to inform the USER and to refund the amounts paid by the USER within 30 days, starting on the date when the PROVIDER was to deliver the products/services.
4. Under paragraph 3, the PROVIDER has the right to deliver to the USER products/services of identical quality and price. The PROVIDER informs electronically the USER of the change in the contract fulfilment.
5. In case the USER exercises their right to terminate the contract under paragraph 4, the products/services return expenses are covered by the PROVIDER.
1. The PROVIDER delivers the products/services to the USER after verifying the existence of the circumstances and fulfilment of the requirements as per art.61 of the Consumer Protection Act.
2. The USER and the PROVIDER agree that the requirements under paragraph 1 and art.61 of the Consumer Protection Act are fulfilled in case the verification is carried out by a person who, in the circumstances, can be relied upon to inform the USER – party to the contract.
VIII. OTHER TERMS AND CONDITIONS
1. The PROVIDER delivers the products/services to the CARDHOLDER-USER within the contract timetable.
2. In case the timetable under paragraph 1 is not included in the contract, the PROVIDER delivers the products/services within a reasonable time period, but not more than 2 months.
8.2. The CARDHOLDER-USER is obliged to review the products/services at the moment of their delivery by the PROVIDER and to notify the PROVIDER immediately in case they fall short of specifications.
IX. PERSONAL DATA PROTECTION
1. The PROVIDER takes measures to protect the personal data of the CARDHOLDER-USER in accordance with the Personal Data Protection Act.
2. In order to protect USERS’ personal data, the PROVIDER sends data only to an email address specified by USERS during the registration process.
3. The PROVIDER sets forth and publishes his Personal Data Protection Policy on his WEBSITE accessible at https://www.voubs.bg/privacy
1. The PROVIDER has the right to ask at any time the CARDHOLDER-USER for identification and verification of all information and data provided during the registration process.
2. In case the CARDHOLDER-USER has forgotten or lost their username and password, the PROVIDER has the right to apply the “Forgotten or Lost Password Procedure” accessible at https://www.voubs.bg/password
X. INFORMATION AND CONSENT
1. When ticking the box, “I Agree with the General Terms and Conditions”, the CARDHOLDER-USER is making an electronic statement as per the Electronic Document and Electronic Signature Act thereby declaring that they are familiar with these General Terms and Conditions and that they accept them fully and that they have been provided with information regarding the following:
1. Name and address and all other PROVIDER identification data;
2. All characteristics of products/services delivered by the PROVIDER;
3. The price of products/services, including all fees and taxes, as well as the number of items;
4. Payment method and all requirements concerning products/services delivery;
5. The USER’s right to reject the products/services;
6. The period for which the price of the products/services applies;
7. Terms for using the products/services;
8. Warranty terms and duration;
9. Contact information with the PROVIDER, including telephone number and email;
10. Technical steps for contract conclusion and their legal implications;
11. Technical tools to identify and correct mistakes when providing information before conclusion of the contract;
12. The CARDHOLDER-USER agrees to the conclusion of the distance contract and accepts the payment terms for the products/services delivery;
13. The CARDHOLDER-USER is obliged to review regularly the General Terms and Conditions page for amendments.
11.1. The current General Terms and Conditions cease to apply and the contract between the CARDHOLDER-USER and the PROVIDER is terminated in the following circumstances:
1. In case one of the parties to the contract becomes insolvent or bankrupt;
2. By written mutual consent of the parties;
3. Unilaterally – via official notice – by either party when the other party fails to fulfil their contractual obligations;
4. In case one of the parties is objectively unable to fulfil their contractual obligations;
5. In case of seizure or sealing of equipment by state authorities;
6. In case the CARDHOLDER-USER’s registration at the PROVIDER’s WEBSITE is terminated. Concluded, but unfulfilled, purchase contracts remain enforceable and are subject to delivery.
7. In case the right to reject is exercised under art.55, paragraph 1 of the Consumer Protection Act.
XII. ORDER DESCRIPTION
12.1. The order statement should contain the following information:
- Order number;
- Products/services ordered, number of items, item prices and total amount;
- Delivery method and expected delivery date;
- Delivery price;
- Delivery address;
- Total amount due to the PROVIDER containing the total price of ordered products/services, transportation, insurance (where applicable) and all fees and taxes;
- PROVIDER data – order delivery contacts: telephone number and email address;
- Statement to the CARDHOLDER advising them to print and retain a copy of the order for future references.
XIII. INFORMATION PROVIDED TO THE CARDHOLDER
AFTER THE TRANSACTION
13.1. An e-receipt of the completed transaction – the PROVIDER visualizes to the CARDHOLDER the result of the requested authorization:
1. In case of a successful transaction the e-receipt has the following contents:
- The PROVIDER’s website address;
- The PROVIDER’s trade name;
- The CARDHOLDER’s name;
- The transaction date;
- The transaction amount in the payment currency;
- Order number;
- Description of products/services ordered;
- Return limitations concerning the ordered items;
- Statement to the CARDHOLDER advising them to print and retain a copy of the e-receipt for future references.
2. In case of an unsuccessful transaction the PROVIDER visualizes a message informing the CARDHOLDER that the transaction was unsuccessful;
3. Order rejection by the CARDHOLDER – the PROVIDER confirms to the CARDHOLDER that he has received the rejection request and informs them of the amount and time frame for refunding the sum to the CARDHOLDER’s card;
4. Products/services return by the CARDHOLDER – the PROVIDER confirms to the CARDHOLDER that he has received the items and informs them of the amount and time frame for refunding the sum to the CARDHOLDER’s card;
5. In case the PROVIDER is unable to deliver the products/services, the PROVIDER informs the CARDHOLDER of the amount and time frame for refunding the sum to the CARDHOLDER’s card.
The documents described below are stored by the PROVIDER for a minimum of 1 year to serve as proof and to prevent financial losses by the PROVIDER in potential disputes with CARDHOLDERS.
1. Response to the authorization request by BORICA sent to the PROVIDER by ePay.bg1;
2. The order place by the CARDHOLDER;
3. Trade documents concerning the items – invoice, packing sheet, insurance;
4. Proof that the CARDHOLDER received the products/services;
5. Notifications sent by the CARDHOLDER that they refuse delivery of the products/services;
6. Proof of products/services return and a document describing the condition in which they were received by the PROVIDER;
7. An offer to deliver alternative products/services – a document certifying consent/refusal by the CARDHOLDER in case the PROVIDER is unable to deliver the original products/services ordered.
8. A notification sent by the PROVIDER informing the CARDHOLDER of the amount refunded.
14.1. Payments to the PROVIDER
1. Once the CARDHOLDER selects “debit/credit card payment” for products/services of their choice, they are automatically transferred to the payment server at ePay.bg2, while ePay.bg transfers the PROVIDER’s client to BORICA for credit card payments;
2. The CARDHOLDER enters their card details;
3. In case the card number is within the range of existing card numbers and is included in the system for cardholder verification of the relevant Card Organization (Visa International/MasterCard International) and in case the CARDHOLDER successfully completes the identification process, BORICA performs the authorization and transfers the client back to the ePay.bg server with the relevant reply;
4. ePay.bg visualizes an e-receipt to the CARDHOLDER in case of successful payment;
5. ePay.bg visualizes a message to the CARDHOLDER that the transaction was unsuccessful;
6. In case the card number is within the range of existing card numbers and is included in the system for cardholder verification but the CARDHOLDER fails the identification process, BORICA sends a message to the PROVIDER. In case the PROVIDER cannot store the information because of safety concerns, it is stored by ePay.bg within transactions on behalf of the PROVIDER. In case the card used for the payment is already registered at ePay.bg, only the verification steps in 14.1.6 are taken.
14.2. BORICA sends a notification to ePay.bg about unsuccessful transactions.
1. ePay.bg visualizes a message to the CARDHOLDER that a transaction was unsuccessful;
2. In case the card number is within the range of existing card numbers but is not included in the system for cardholder verification of the relevant Card Organization (Visa International/MasterCard International) and depending on the agreement between ePay.bg and the PROVIDER:
3. BORICA performs the authorization and transfers the client back to the ePay.bg server with the relevant notification for successful/unsuccessful payment; may decline the client’s order and visualize a notification that the card cannot be accepted because of failure to verify the CARDHOLDER;
- ePay.bg visualizes an e-receipt to the CARDHOLDER in case of a successful payment;
- ePay.bg visualizes a notification to the CARDHOLDER that the transaction was unsuccessful in case payment is declined;
4. BORICA declines authorization and transfers the client back to the ePay.bg server along with the relevant notification of failure to verify the client. ePay.bg visualizes to the CARDHOLDER the message received from BORICA;
5. In case the card for the payment is already registered at ePay.bg:
6. ePay.bg sends a request for payment (authorization) to BORICA;
7. BORICA returns a reply – successful/unsuccessful payment;
8. ePay.bg visualizes an e-receipt to the CARDHOLDER in case of a successful payment;
14.3. Refunds – in case the PROVIDER is unable to deliver the products/services ordered by the CARDHOLDER or the CARDHOLDER has rejected the products/services, etc., the PROVIDER refunds – fully or partially – the respective amount via a credit operation to the CARDHOLDER’s card;
1. Full refunds – the PROVIDER initiates a direct request for a financial transaction to the payment server at ePay.bg;
2. Partial refunds – the PROVIDER fills in a data form for the transaction along with the amount to be refunded and sends it to ePay.bg.