TERMS AND CONDITIONS
for the use of the website jgolf.org
Please read these Terms and Conditions for the use of the website JGOLF.ORG and the services provided on it. Any use of the site will be considered as acceptance of these Terms and Conditions. If you do not agree with the Terms and Conditions, please stop using the website and its services.
I. Definitions
Terms and Conditions (“T&C”) – the terms governing the relationship between the Users of the Website, on the one hand, and the Administrator, on the other, in connection with access to the Website at URL jgolf.org, browsing and use of the Services provided on it.
Administrator (“We”) – the company LAP.bg OOD, registered in the Commercial Register of the Republic of Bulgaria, UIC: 205086546, with registered office and management address Sofia, Okolchitsa St., bl. 3, entr. B, apt. 19, email: [email protected], which administers and maintains the Website.
Services – all services, resources and functionalities provided by the Administrator in connection with the operation of the Website
User (“You”) – any natural or legal person who accesses the Website
Website (“e-Shop”) – a dedicated space on the internet with the web address jgolf.org
Goods – products and other items offered, searched for and sold on the Website
II. Validity and effect
1. These T&C constitute a legal agreement that is binding on the Users and the Administrator. Use of the Website will be considered as the User's acceptance of these Terms and Conditions. The relationship between the parties is governed exclusively by these T&C, the Personal Data Policy and other written terms created and published by the Administrator on the Website, which form an integral part of these T&C.
2. These T&C apply equally to registered and unregistered Users. The Terms and Conditions do not address or regulate any matters arising from or related to links to other sites, advertisements and third-party software, insofar as these services are not provided by the Administrator.
3. The Administrator reserves the right to amend these T&C. The Administrator notifies Users of any amendment by publishing a message or notification in a prominent place on the Website. Any use of the Website in any way will be considered acceptance of the currently published version of the Terms and Conditions. If the User refuses to accept the current version of the T&C, they should not use the Website in any way.
4. The Administrator gives no guarantees as to the completeness or accuracy of the information, or regarding technical or other omissions or errors on the Website.
III. Personal data protection
5. By accessing the Website, the User accepts and gives their informed, explicit consent for their personal data to be collected, processed and stored by the Administrator for the purpose of correct, smooth and full use of the Website, in accordance with the T&C and the Personal Data Protection Policy published on the Website, which is an integral part of these Terms and Conditions and is available here: https://jgolf.org/privacy-policy/
6. The Administrator takes measures to protect Users' personal data in accordance with the requirements of the Personal Data Protection Act and other applicable provisions of Bulgarian and European law.
IV. Services
7. Description of the Services
7.1 The services provided to Users on the Website have the following subject: sale, production and delivery of Goods online through an online ordering platform at the web address (URL) jgolf.org
7.2 The Goods offered in the e-Shop include, without limitation: clothing, footwear, karting and motorsport accessories, sports and other consumer goods. Products are divided into categories to make them easier to find, and there is a built-in search engine. The description of each Item includes information about the price and properties of the product, size and other main characteristics. The Administrator reserves the right, at its discretion, to expand the catalogue of Goods offered or to discontinue the sale of certain Goods.
7.3 The Administrator provides, and Users use, the Services “as advertised”, under the terms and parameters specified in the e-Shop. The services and resources of the Website are used at the Users' discretion, risk and responsibility. The User is responsible for the choice of any Goods and Services and for their compliance with their expectations regarding type, functionality and main purpose.
8. Order. Conclusion of a distance sales contract.
8.1 To place an order, the User must follow the online purchase procedure on the Website by clicking the “Buy” button next to the image of the selected item and following the instructions in the e-Shop to complete the order.
8.2 Before placing an order, the User can review the contents of the cart with the Goods selected for purchase and change the type or number of items or cancel the order.
8.3 By confirming the goods in the cart and the payment method using the “Confirm order” button and after receiving confirmation from the Administrator,the order is considered complete and the Distance Sales Contract enters into force.
8.4 All orders of Goods depend on their availability and the possibility of production. In this respect, if difficulties arise with the delivery of Goods or they are no longer available, the Administrator reserves the right to provide information about substitute Goods of the same or higher quality and value that can be ordered. If the User does not want substitute Goods, the Administrator will refund the amount paid for the unfulfilled order.
9. Prices. Payment
9.1 The prices of the Goods offered are in Bulgarian leva and include all taxes and fees, and LAP.bg OOD reserves the right to change them at its discretion without prior notice.
9.2 The prices of the goods are valid until the date stated on the Website or until they are subsequently changed at the Administrator's discretion.
9.3 The amount payable by the User for each order, including all costs related to the purchase and delivery of the order, is shown before the order is confirmed.
9.4 The payment methods are set out in these Terms and Conditions and in the information provided to the User on the Administrator's Website. The User freely chooses one of the following payment methods: – (a) bank transfer; (b) cash on delivery; (c) PayPal; (d) credit/debit card.
9.5 When paying by credit/debit card, by finalising the order the User confirms that the credit/debit card is theirs. Credit/debit cards are subject to verification and authorisation by the issuing entity. If the issuer does not authorise the payment, the Administrator is not responsible for any delay or failure of delivery. If the amounts debited/refunded to Users' bank accounts differ from the price shown at purchase/the confirmed refund amount, they should contact the bank that holds their account for further information on bank charges or exchange rates related to the transaction.
9.6 When paying cash on delivery, the value of the order (the price of the purchased Goods plus the delivery cost) is paid to the courier upon delivery.
9.7 When paying with PayPal, the system automatically redirects Users to the PayPal server. PayPal account details are processed solely in PayPal's systems, and the Administrator does not have, access, store or process this data.
9.8. When paying by bank transfer, after confirming the order the User will receive bank transfer details. The Administrator will process the order after the transfer is received in its account.
10. Delivery
10.1 The Goods are delivered by a courier company specified on the Website. The delivery price is set by the courier company. The delivery price is paid by the User.
10.2 Orders are delivered within 14 working days of receipt of the request and confirmation of the order. The delivery period may be extended in the event of unforeseen circumstances beyond the reasonable control of the Administrator.
10.3 For the purposes of these Terms and Conditions, “delivery” is considered completed and the Goods are considered “delivered” as soon as the User or a third party authorised by them takes possession of the Goods, as evidenced by signing a document of receipt of the order at the delivery address specified by the User.
V. User account
11. The User can register by completing the electronic registration form available on the Website. Having a User account is a prerequisite for ordering Goods in the e-Shop.
12. For successful registration, the User must complete all mandatory fields in the registration form and is responsible for the accuracy, timeliness and correctness of the data provided. Before creating an account, the User should read these Terms and Conditions and the Personal Data Policy. By clicking the “Register account” button, the User declares that they have read and unconditionally accept these T&C and the Privacy Policy, that they are over 18 years of age and have the legal capacity to enter into distance contracts, and that they take responsibility for all actions and/or omissions related to the use of their user account on the website.
13. When creating an account, the User may not: (a) use another person's email address or username with the intention of impersonating that person, (b) use a name that is subject to the rights of another person without permission, (c) use an email address or username that is indecent, offensive or otherwise inappropriate.
14. The Administrator may delete any account, all registration information and any other information that a User has provided through the Website (User Content) at any time, without notice, due to violations of these T&C or provisions of applicable legislation. The Administrator is not liable for any damage or loss resulting from the removal of user content from the Website and/or the Services. Users can delete their accounts at any time. The Administrator reserves the right to temporarily or permanently restrict or block access to the Website and/or the Services for all Users where there is good reason.
15. The Administrator is not liable for any loss or damage arising from the User's failure to keep their password confidential.
VI. Rights and obligations of Users
16. The User undertakes:
16.1 To use the Services and resources offered on the Website lawfully, according to their purpose and in accordance with these T&C, to provide true information about themselves, not to impersonate another person, not to create user accounts by automated means or otherwise attempt to mislead others about their identity when communicating through the website. The User must immediately notify the Administrator of any unauthorised use of their account.
16.2 To access the Services and resources of the Website through the technologies and means provided by the Administrator, as implemented through their usual functionality on the Website.
16.3 Not to use, reproduce, copy or distribute, in whole or in part, the Website and/or the content published on it for any purpose (commercial or non-commercial), other than those expressly stated in the T&C.
16.4 To keep informed about changes to the Website, the Services and other resources, according to the information about these changes published on the Website.
16.5 Not to use the Administrator's trademark and not to infringe other intellectual property rights of the Administrator and third parties.
17. The User has the right:
17.1 To use the Website and all services lawfully for the purposes and within the limits of these T&C.
17.2 To create a user account in accordance with the requirements of these T&C and to make subsequent changes to it.
17.3 To stop using the Services and the Website at any time, at their own discretion, and to request the deletion of their account.
17.4 To freely choose how to pay for the purchased Goods using one of the methods listed on the Website.
17.5 To return purchased Goods under the conditions of item 18.
18. Right of withdrawal and returns
18.1 The User has the right to return purchased Goods without paying compensation or penalty and without giving a reason within 14 days of the date of receipt of the Goods. A mandatory condition for exercising the right of withdrawal from the distance sales contract is prior notification of the Administrator by the User within the 14-day period. The right of withdrawal is exercised using the contact form on the Website. The Administrator sends the User a confirmation of receipt of the return request. The right of return cannot be exercised for goods made to the User's order.
18.2 The period for exercising the right to return purchased goods expires 14 days after the day on which the User or a person authorised by them takes physical possession of the Goods or, in the case of multiple Goods in one order delivered separately, 14 days after the day on which the last item of the order is received.
18.3 After exercising the right under the previous item, The User must return the goods to the Administrator within 14 days of the date on which the Administrator was notified of the withdrawal. The User pays only the direct costs of returning the Goods
18.4 Returned goods must meet the following mandatory conditions:
(a) They must be in their original packaging, and their commercial appearance must not be damaged (torn packaging, removed labels, missing parts, etc.).
(b) They must not have been used.
(c) They must be accompanied by all documents accompanying the delivery and the goods, including but not limited to a receipt or invoice, instructions for use, warranty card, etc.
18.5 The User agrees that the Administrator will refund the value of the returned Goods, including delivery costs, within 14 days of the date on which it was notified of the User's decision to withdraw from the contract, using the same means of payment used by the User in the initial transaction, unless the User has expressly agreed to the use of another means of payment and provided that this does not involve costs for the User;
19. Complaints
19.1 The Goods must be inspected by the User upon receipt. Insignificant differences in colour, size and appearance compared to the photo of the Goods on the Website are not considered defects. Acceptance of Goods upon delivery means that they have been inspected by the User and accepted without objection as to defects and their condition.
19.2 Complaints about purchased Goods will be considered justified in the following cases:
(a) For goods with defects or damaged commercial appearance, the User has the right to replacement of the goods. The Administrator undertakes to replace the defective goods with new ones at its own expense. If replacement is not possible, the Administrator informs the User within a reasonable time and refunds the amount paid by bank transfer, including the return transport costs.
(b) The delivered goods are different from those ordered. In these cases, the procedure under letter (a) applies.
Complaints are not accepted for goods that have been used for purposes other than their normal purpose, have been used or transported inappropriately, have been repaired by the User or a third party, or have been damaged due to the User's negligence or failure to follow the manufacturer's instructions, directions and advice for use.
19.3 Users have the right to file a complaint if a purchased product does not conform to the sales contract, to bring the consumer goods into conformity with the sales contract under Art. 112-115 of the Consumer Protection Act. Upon receipt of a product with manufacturing defects or with hidden defects that cannot be noticed during a normal inspection upon receipt, the User has the right to a replacement with another product of the same or a similar type. The complaint must be filed within 14 days of the date of receipt of the product. The Administrator undertakes to replace the defective Goods with others at its own expense. If it is unable to replace the defective Goods or bring them into conformity with the sales contract, the Administrator undertakes to notify the User within a reasonable time and to refund the amount paid by bank transfer. Reimbursement of return costs applies to justified and approved complaints.
20. Commercial warranty
All Goods have a commercial warranty for the warranty period provided by law for the respective Goods. The Administrator undertakes to replace any defective Goods that are the subject of a complaint with others at its own expense. If it is unable to replace defective Goods or bring them into conformity with the sales contract, the Administrator undertakes to notify the User within a reasonable time and to refund the amount paid by bank transfer.
21. User's liability
The User is responsible for their choice of goods from the e-Shop and services on the Website and for their compliance with their expectations. Use of the Website and services is at the User's own risk, and you assume full responsibility for all costs associated with using the Website. If there is any doubt about the quality of the Goods or the content or reliability of the Website and services, the User should not use the Services or any part of the Website. In all other cases, if the User continues to use the Services or the Website despite such doubts or reservations, the responsibility for this decision lies entirely with the User.
IX. Rights and liability of the Administrator
22. The Administrator is not liable for:
22.1 The quality, reliability, accuracy and performance of related services provided by other persons and organisations in connection with the operation of the internet, social networks, hosting and other services, in the event of traffic disruptions due to causes for which the internet provider or persons providing related and other services available through the website are responsible;
22.2 The quality of the Services when the User uses faulty technical equipment, devices and/or incorrectly configured software, or for any direct, indirect, specific, incidental or other damages related to the use of software programs installed on the User's computer;
22.3 Damages caused by inaccurate, unreliable, deceptive and misleading information and/or data published by advertisers or other information sources on the website.
22.4 Losses of the User from lost profits.
22.5 The Administrator does not control and is not responsible for the quality of the services of third parties in connection with the sale, payment and delivery of Goods ordered through the Website, nor does it guarantee the User's satisfaction with the selected Goods.
22.6 The Administrator is not responsible for delivery delays due to reasons beyond its control. Delivery times are indicative, depend on stock availability in the Administrator's warehouses and may be extended if necessary.
23. The Administrator has the right:
23.1 At any time, at its discretion, to make changes to the Services and the Website in connection with the maintenance, development and/or improvement of the quality of the Services it provides, and to extend the scope of the Services, without written notice to Users and without liability.
23.2 To block a User's access to the website in the event of a breach of these T&C, the Personal Data Policy and other written terms that form an integral part of the T&C, including but not limited to where the User or persons using their account commit, attempt or there is a real danger of committing unlawful acts, or acts that threaten the security and functioning of the Services and/or the Website or affect the legitimate interests of Users, the Administrator or its partners, contractors and other related persons, or to protect another significant public interest.
23.3 In order to improve the quality of the Services, during maintenance, repairs, information updates and other related activities, the Administrator has the right to temporarily restrict or suspend the provision of the Services.
23.4 The Administrator reserves the right to seek, by all lawful means, protection and compensation for actual or alleged breaches of the Terms and Conditions, the Personal Data Policy and other written terms that form an integral part of these T&C.
23.5 At any time, at its discretion, to update or change the prices of the Goods and Services on the Website without prior notice to Users and without being responsible for Users becoming aware of them.
XI. Use of the Website and Services
24. Permitted use
When using this Website and all Services provided on it, Users must: (a) Use this website only to make legally valid enquiries and orders. (b) Not make any false or fraudulent orders. If there is evidence that such an order has been made, We have the right to cancel it and inform the competent authorities. (c) Provide their email address, postal address and/or other details truthfully and accurately. Users agree that We may use this information to contact them regarding an order or services, if necessary.
25. Prohibited use
Users are prohibited from performing any of the following actions: copying, adapting, reverse engineering, modifying or creating derivatives of the software on the website, including but not limited to Flash, PHP, HTML, JavaScript, JavaApplets or other code and/or programming resources; circumventing, removing or manipulating any elements of protection and the measures and technical means introduced to protect the Services and the Website from unauthorised access, hacking and other malicious attacks and harmful actions, including but not limited to any actions intended to or resulting in blocking access to the Services and/or the Website, uploading and distributing illegal content, destroying in whole or in part the functionality of the Services and the Website, theft and loss of data from the Services and resources of the Website.
In addition to other prohibitions set out in these Terms and Conditions, Users are prohibited from using the Website or its content:
(a) for any unlawful purpose or to solicit others to perform or participate in unlawful acts; (c) in violation of any international, European or national regulations, rules, laws or local ordinances; (d) to infringe in any way the Administrator's intellectual property rights or the intellectual property rights of third parties; (f) by submitting false or misleading information; (g) by uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or any related website or other websites; (h) to collect or track the personal information of other Users or third parties; (i) for any spam, phishing or scraping activities; (j) for any obscene or immoral activities; or (k) to interfere with or circumvent the security features of the Website, the Services or any related websites.
We reserve the right to terminate/suspend your use of the Website, the Services or any related websites for violating any of the prohibitions set out in these Terms and Conditions.
XII. Intellectual property
26. The interface, content and layout of the Website, including but not limited to the Administrator's trademark and logo, design, text, graphics, images, buttons, user interface, databases and content, as well as any combination of the above intellectual property, are the property of the Administrator or its licensors, unless otherwise stated, and are protected against copying, imitation, distribution, creation of derivatives and other uses under Bulgarian legislation and international acts, conventions and agreements, and may not be reproduced, modified, disclosed, sold, rented or otherwise used without the prior express written permission of the Administrator. By visiting and/or using the Website, the User does not acquire or receive, by implication or otherwise, any licence or right to use objects protected by copyright or other intellectual property rights visible on the Website in any way not expressly permitted by these T&C.
We respect copyright and other intellectual property rights and do not tolerate their infringement. If you believe that the Website, the Services or any content on the Website infringes copyright or other intellectual property rights, you can report the infringement through our contact details.
ХIII. Supervisory authority. Alternative dispute resolution
27. The supervisory authority for consumer protection in Bulgaria is the Consumer Protection Commission, address: 4A Slaveykov Sq., floors 3, 4 and 6, 1000 Sofia; tel.: 02/933 056 and 02/9884218, consumer line: 0700 111 22, website: www.kzp.bg.
28. In disputes concerning obligations arising from online sales contracts where no agreement has been reached, you can refer the dispute to the alternative consumer dispute resolution (ADR) bodies under the terms and procedure of Art. 181a et seq. of the Consumer Protection Act. Further information on alternative consumer dispute resolution can be found on the website of the Consumer Protection Commission at https://kzp.bg and on the Online Dispute Resolution platform ODR .
XIV. Applicable law
29. Matters not covered by these T&C are governed by the provisions of applicable Bulgarian legislation. Disputes in connection with the use of the Website and the Services and resources provided on it that cannot be resolved through negotiation by mutual agreement or through an ADR body will be referred to the competent Bulgarian court for consideration and resolution.
Effective from 24.03.2022
