HOME/ TERMS & CONDITIONS
1. GENERAL PROVISIONS
1.1. These Terms and Conditions shall govern the relationship between Marvena LTD and users of the services offered by Marvena LTD via the website www.pulse-cycles.com. They shall bind all Customers. By examining the pages, clicking the objects or links located on the pages of www.pulse-cycles.com, the Customers agree, accept and undertake to comply with these Terms and Conditions.
1.2. The acceptance of these Terms and Conditions by the Customers of the Site shall be a prerequisite for concluding a sales and purchase contract between the Online shop and the respective Customer, and for delivery of the ordered goods.
1.3. The Online shop shall have the right, but shall not be obliged to enter into agreement and make deliveries to Customers, who have not accepted these Terms and Conditions.
1.4. Upon placing an order without having a registration on the Site, Customers shall express acceptance of these Terms and Conditions by checking the field (checkbox) “I have read and agree to the Terms and Conditions”, after entering their personal details as required by these procedures.
1.5. By checking the field (checkbox) “I have read and agree to the Terms and Conditions” within the procedure of placing an order without having a registration on the Site, the Customer shall create an irrebuttable presumption that:
The Customer has read the Terms and Conditions before accepting them. By checking the field (checkbox) “I have read and agree to the Terms and Conditions”, the Customer makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that he/she is familiar with these Terms and Conditions and accepts them.
The Customer has made a proposal (offer) for concluding a distance sales and purchase contract (If the Customer is a “consumer” under the Consumer Protection Act).
1.6. Only new bicycles are sold at www.pulse-cycles.com. (promotional stock availability, sales promotions etc., shall be subject of prior notice)
1.7. All goods sold in the Shop are NEW and come with full manufacturer’s warranty for a period of 24 months.
2. GENERAL INFORMATION ON THE ONLINE SHOP
2.1. Marvena LTD is a company registered under the Commercial Law. The company is entered in the Commercial register of the Registry Agency under UIN 121677845.
2.2. Seat and Registered Office: 10 “Prof. Asen Zlatarov” st., Sofia – 1504, Bulgaria.
2.3. Contact address: 44 “Sveti Kiprian” st., Mladost 2, Sofia – 1799, Bulgaria, telephone: +359 888 777 434, e-mail: email@example.com.
2.4. Registration under the Law on Value Added Tax № BG 121677845.
Website/site is a special place in the global Internet network, accessible through its unique address (URL) protocol HTTP, HTTPS or other standardized protocol and containing files, programs, text, sound, picture, images or other materials and resources;
Shop – Online Shop, operating at pulse-cycles.com, owned by Marvena LTD and offering products via the Internet;
Entity managing the Shop– Marvena LTD, also owner of the Online Shop pulse-cycles.com;
Customer –any individual or legal entity who has access to pulse-cycles.com and has agreed to use the services provided under these Terms and Conditions;
Consumer – any individual entity who acquires goods or uses services that are not intended for commercial or professional activities, and any individual entity acting outside his/her trade or profession as a party to a contract under this Act (§13, item 1 under the Supplementary Provisions of the Consumer Protection Act).
Market price – the final price for a unit or given quantity of goods or services, including Value Added Tax;
Working days – all days of the week except public holidays;
Deadline for order execution – the time in which the Shop prepares the order and submits it to a courier, according to the mode of delivery chosen by the Customer;
Delivery time – the time needed to deliver the goods to the Customer through the courier company. The delivery period shall depend on the mode of delivery chosen by the Customer;
Online payment – fast, direct internet transfer made by the Customer from a bank account through a system called electronic transfer;
4. PRICE OF GOODS
1. All prices published on the pages of the Shop of Marvena LTD are given in Bulgarian lev (BGN) and Euro (EUR), including VAT.
2. This shall apply for unregistered for VAT legal and individual entities from member states of the European Union until the obligation to be VAT registered in the member state of the EU arises for Marvena LTD.
4.3. For Customers holding a valid identification number for VAT purposes issued by a member state of the EU, a zero rate of VAT under VOD and back VAT charged under the Bulgarian law shall apply.
4.4. The price indicated on the product shall be valid at the time of submission of the purchase order by the Customer.
4.5. The Customer shall pay for the purchased goods and the cost of delivery. Except when specifically stated that the delivery shall be at the expense of the Shop.
5. COST OF DELIVERY
5.1 Delivery of bicycles and accessories to the address of the Customer or Speedy courier’s office in Bulgaria, shall take place under the conditions stated by the Shop.
5.2 Delivery to member states of the European Union shall be performed by Dasher only to the address of the Customer as per the courier charges.
6.1. The Shop shall accept orders solely through the website available at www.pulse-cycles.com .
6.1.1. Orders at the Online Shop www.pulse-cycles.com can be made 24 hours a day, 7 days a week through the website. For proper order placement, the Customer must have his/her personal e-mail address and telephone number. The order for the delivery of the selected product can be placed by adding the item to the basket and completing the appropriate registration form or by quick order without registration.
6.1.2. Ordering through the Shop website www.pulse-cycles.com consists of the following stages:
choosing goods from the Shop website;
choosing mode of payment;
completing the registration form or purchase without registration;
clicking the “Send” button.
6.1.3. In response to the request for delivery, the Shop www.pulse-cycles.com shall automatically send an electronic copy of the order placed by the Customer. This is a confirmation that the request for delivery made by the Customer was given an automatic number.
6.1.4. Then, within 48 hours, the Shop shall send an e-mail to the address specified by the Customer, or contact him/her in any other way in order to:
А) Confirm acceptance of order – in this case, the contract of sale shall be concluded on the day of confirmation. By accepting these Terms and Conditions, the Customer expressly and unconditionally agrees that the confirmation of the distance contract signed with Marvena LTD will be sent to the provided e-mail address.
B) Refuse to accept an order – in this case, the contract shall not be signed.
6.2. Orders shall be executed within 7 working days. The availability of bicycles and the production schedule shall be announced on the site.
6.3. After clicking “Send”, the Customer agrees to these Terms and Conditions as they were on the day of purchase by checking the field (checkbox) “I have read and agree to the Terms and Conditions”. This also means the Customer agrees the personal data provided by him/her, to be used by the Shop for executing the order, as well as for marketing and advertising purposes and for gathering opinions on the quality of service provided by the Shop.
6.4. In the case of sales promotions, a limited amount of goods shall be specified and orders shall be executed in the order of their placement until stock exhaustion, and the deadlines set for this form of sale.
6.5. With every order, proof of sale shall be issued in the form of invoice or receipt and warranty.
7. WAY OF PAYMENT
7.1. Payment of goods can be made by the Customer in the following ways:
7.1.1. Before delivery of goods to the Customer
Traditional bank transfer: After placing the purchase order with a selected mode of payment “Bank Transfer”, the Customer shall receive an invoice sent by e-mail, which has to be paid within 5 working days to the following bank account of Marvena LTD: BMP Paribas S.A. – branch office Sofia, IBAN: BG35BNPA94401021464410, BIC code: BNPABGSX. In this case, the deadline for executing the order shall be extended as the Shop has to wait for the funds to be credited to its bank account.
Electronic transfer, bank card payment: When sending the request for the purchase of goods, the Customer pays by bank card (Visa, Maestro, MasterCard). The Shop shall send the goods after receipt of the amount in the account of Marvena LTD
7.1.2. The order shall be cancelled within 7 working days, unless the amount is received in the bank, or paid in any of the provided ways of payment.
7.1.3. At the time of receipt of goods:
Cash on delivery: Only within Bulgaria. In this case, the Customer shall pay the courier delivering the goods. Proof of payment to the courier shall be the waybill, accompanying the consignment.
In cash: Upon receipt of goods in the office of Marvena LTD.
8.1. Goods ordered from the Shop, shall be delivered to the Customer by courier company Speedy on the territory of the Republic of Bulgaria, and by Dasher on the territory of the European Union. It is also possible to select the option for receiving the goods in the office of Marvena LTD at the following address: 44 “Sveti Kiprian” st., Mladost 2, Sofia . This option can be selected in the process of ordering, after specifying the preferred date and time of receipt.
8.2. Delivery time includes:
Time to prepare the order (preparation of goods, way of payment, issuing a sales document, packing goods)
Delivery time, depending on the selected way of payment.
8.2.1. In case of payment by bank transfer, the deadline for executing the order shall be extended as the Shop has to wait for the funds to be credited to its bank account. The most likely deadline for executing the order is the one entered by the Shop in the confirmation of acceptance of the order. The final (obligatory) deadline for receipt shall be determined during contact of the Shop employee with the Customer.
8.2.2. Delivery time with cash on delivery and bank card payment shall not depend on the way of payment.
8.3. The delivery time for goods on the territory of Bulgaria declared by the Courier, is 1-2 working days. In exceptional cases of delivery to remote locations and small settlements, as well as cases when the day between the confirmation and delivery is a non-working day, the delivery time might be extended to 3-4 days.
8.4. Courier companies deliver consignments from 9,30 to 18,00 on weekdays, and from 9,30 to 14,00 on Saturdays. The Shop can neither determine nor commit to exact time of delivery of the consignment
8.5. Delivery to the territory of other EU countries shall be carried out by TNT, the delivery time declared by the Courier is 8 working days. In exceptional cases of delivery to remote locations and small settlements, as well as cases when the day between the confirmation and delivery is a non-working day, the time of delivery shall be on the next working day. In these cases, the delivery time might be extended to 9-12 days.
8.6. The courier company delivers consignments from 9,00 to 18,00 on weekdays, and from 9,30 to 14,00 on Saturdays. The Shop can neither determine nor commit to exact time of delivery of the consignment In case the Customer indicates his/her workplace (name of company) as the address for consignment delivery, a delivery between 9,00-18,00 shall be guaranteed.
8.7. In the absence of the Customer from the address for delivery, the courier shall contact the Customer and arrange a second visit or other ways to deliver the consignment.
8.8. Climbing floors with the consignment, especially carrying items with a total mass exceeding 31 kg, shall not be within the courier’s scope of duties. In these cases, the consignment shall be delivered to the front door of the building on the ground floor.
8.9. Before paying the courier in cash, please check if the delivered goods correspond to the placed request for delivery. Checking the consignment upon receipt, shall be a prerequisite for considering possible claims of the Customer with respect to loss of integrity or quantity of the consignment during transportation.
8.10. When paying the courier in cash upon receipt of goods, the proof of payment shall be the waybill, attached to the consignment. It is also evidence of concluding a contract with the Shop. The invoice or receipt, together with the waybill, shall be delivered to the customer by the courier. According to Art. 6, para. 1 of the Law on Accounting, Art. 114 under VATA and Art. 78 under RAVATA, the invoice needs no signature or seal.
8.11. The Shop shall not be responsible for delays in delivery caused by breach of the transport service contract by the courier companies.
8.12. The Shop shall not be responsible for non-delivery of goods or delay in delivery due to incorrect or inaccurate address for delivery specified by the Customer.
8.13. 48 hours after the Customer has been informed by Speedy and has not received his/her order, the bicycles and accessories ordered online and delivered by Speedy, shall be returned to Marvena LTD, no matter if the address for delivery is the office of the courier company or one specified by the Customer.
9. CHANGING ORDERS.
The Customer shall have the right to make changes in his/her order before the Shop delivers the goods to the courier company. If the change is made after that point, the Customer shall be charged the amount for the return of the previously ordered goods, along with the amount for delivery of the corrected order.
2. For changes, please contact the Shop via the contact form on the website by e-mail to: firstname.lastname@example.org, or the telephone numbers listed on the website.
10. ISSUES WITH EXECUTION OF ORDERS
10.1. Execution of orders could be prevented by any of the following reasons:
10.1.1. The ordered product is not available. In this case, the Shop shall notify the Customer of the delay within 3 working days.
10.1.2. The Customer has specified incorrect or incomplete information for the delivery– name, address, telephone, postal code.
10.2. In the event of delivery issues through the Shop’s fault, the resulting sending of the order shall be at the expense of the Shop.
10.3. In the event of delivery issues that are not through the Shop’s fault and outside the cases under item 10.1.1., the resulting sending of the order shall be at the expense of the Customer.
10.4. 48 hours after the Customer has been informed by Speedy and has not received his/her order, the bicycles and accessories ordered online and delivered by Speedy, shall be returned to Marvena LTD, no matter if the address for delivery is the office of the courier company or one specified by the Customer.
11. RETURNING OF GOODS
11.1. Right of withdrawal
11.1.1. Pursuant to Art. 50 of the CPA, a Customer, in his/her capacity of a consumer under the CPA, shall be entitled to the right to withdraw from the distance contract without giving any reason, without compensation or penalty, and without incurring any costs, excluding the costs under Art. 54, para. 3 and Art. 55 under the CPA, within 14 days from the date on which: the consumer acquires or a third party other than the carrier and indicated by the consumer acquires the goods, or when the consumer has ordered in one order multiple goods that are delivered separately, from the date on which the consumer or a third party other than the carrier and indicated by the consumer acquired the last goods;
11.1.2. The right of withdrawal shall be exercised only if the following conditions are met: the goods (bicycles and accessories) have not been used, the integrity of the packaging is not compromised and they are in the same condition in which they were received. Bicycles must be packed in their original packaging.
11.1.3. In order to exercise your right of withdrawal, you must inform us of your name, address and, if available, your telephone number, fax number and e-mail address, and of your decision to withdraw from the contract with an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the supplied standard withdrawal form, however, it is not obligatory. You may also fill in and submit the standard withdrawal form by sending an e-mail to: email@example.com. If you use this option, we will immediately send you a durable medium message (e.g. an e-mail), confirming receipt of your refusal.
11.1.4. To meet the withdrawal deadline, it is sufficient to send the message concerning your exercise of the right of withdrawal before expiration of the withdrawal period.
11.2. In the event that at the time of exercising your right of withdrawal you have already received goods under the contract, the following rules shall apply:
We expect you to send back or return the goods to the office of Marvena LTD at: 44 “Sveti Kiprian” st., Mladost 2, Sofia – 1799, without undue delay and in any event, not later than 14 days from the day on which you informed us about your withdrawal from this contract . The deadline shall be met, if you send back the goods before the period of 14 days has expired. Before the consumer delivers the goods to Marvena LTD, any accidental loss or damage shall be entirely at the consumer’s own risk. The consumer shall be obliged to store the goods acquired from the Shop, their quality and safety, until the moment of their delivery.
You shall have to bear the direct cost of returning the goods. The cost is estimated not to exceed the approximate costs paid to the courier company upon receipt of goods from Marvena LTD.
For your convenience, you can check the possible direct cost of returning the goods with a courier or through the services of Bulgarian Posts EAD at the following links:
https://www.speedy.bg/price_list.php (Speedy Courier Services)
http://www.econt.com/tariff-calculator/ (Econt Courier)
http://www.bgpost.bg/?cid=208&NewsId=363 (Bulgarian Posts EAD)
Besides the services of the above companies, for the return of goods on which you exercised the right of withdrawal you may use the services of any other licensed courier company.
11.3. The right of the consumer to withdraw from the distance contract or off-premises contract under Art. 11.1, shall not apply in the following cases:
providing services, where the service has been provided completely and its execution has started with the consumer’s express prior consent and the consumer has acknowledged that the right of withdrawal will be lost once the trader has fulfilled his obligations pursuant to the contract;
supply of goods or services, whose price depends on fluctuations of the financial market outside the trader’s control and which may occur during the period for exercising the right of withdrawal;
the supply of goods that are manufactured to the consumer’s specifications or have been clearly personalised;
the supply of goods which, due to their nature, can deteriorate or have a short shelf life;
the supply of sealed goods, which were unsealed after delivery and are not suitable for return for reasons of hygiene or health protection;
the delivery of goods which, due to their nature, are mixed with other goods after delivery in such a way that they cannot be separated from each other;
the supply of sealed sound or picture recordings or sealed software, unsealed after delivery;
the supply of newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications;
providing digital content that is not delivered on a physical medium, if the delivery has started with the consumer’s express content and the consumer acknowledges that the right of withdrawal is thus lost.11.4. Reimbursement
11.4. If the consumer withdraws from the contract, Marvena LTD shall reimburse all received payments excluding the costs of transport. Marvena LTD shall make the reimbursement not later than 14 days after receipt of returned goods, using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise; in any event, the consumer will not incur any additional costs as a result of such reimbursement.
11.5. Effects of withdrawal
In an effective withdrawal, the goods and payments received by the parties shall be returned and reimbursed. If the goods are returned in poor condition:
The bicycles and accessories should not be used, the integrity of the packaging should not be compromised and they should be in the same condition in which they were received. The Shop may refuse to receive them back, in which case the Shop shall keep the paid price and shall return the goods within 5 working days.
Upon receipt, a written statement certifying the condition of the returned goods shall be prepared by a representative of Marvena LTD. Consumers shall be entitled to claim, regardless of the provided commercial guarantee in accordance with and pursuant to the CPA, in which the seller shall be responsible for the lack of conformity of the consumer goods with the sales contract under the guarantee of Art. 112-115 of the CPA.
12. PRODUCT WARRANTIES AND RETURNS
12.1 Marvena LTD provides a warranty on its bicycles for a period of 24 (twenty-four) months from the date of purchase against factory defects and 36 (thirty-six) months on the frame without the suspension bearings, as well as the paint and polish of the frame.
12.2. Grounds for complaint handling shall be the proof of purchase, i.е. the invoice or receipt, as well as the warranty card. The warranty shall apply only to the original and only owner of the bicycle. When returning goods, the Customer shall contact an operator servicing the Shop through:
the contact form on the website;
e-mail at: firstname.lastname@example.org.
12.3. The commercial warranty shall be valid in cases where the damage is the result of hidden manufacturing defect in the components of the bicycle, which occurred during the warranty period. Only the authorised company shop of Pulse cycles at 44 “Sveti Kiprian” st., Sofia, may determine any specific damage as subject to warranty or not. If you need the bicycle to be returned to the workshop for repair, it must be transported in its original packaging/box. The cost for transportation/courier from the address of the Customer to the workshop shall be borne by the Customer. The cost for transportation of the repaired bicycle from the workshop to the Customer shall be borne by Marvena LTD.
12.4. The warranty shall not cover defects resulting from:
poor maintenance and neglecting the bicycle (storage in an inappropriate environment);
unauthorised paint and chrome;
assembling incompatible components;
repairs performed by unqualified persons;
damage and defects resulting from improper use of the bicycle under conditions that do not match those in the Instructions for operation and maintenance;
crash, impact, fall, and other force majeure occurrences.
12.5. The warranty shall not cover defects due to normal fatigue of components:
tyres (internal and external);
all bicycle bearings;
cable housing and shifting cables
12.6. The deadline for consideration of the claim shall be 30 days from the date of acceptance of the returned goods by the Shop. The warranty period shall be extended by the time needed for repairs (if necessary), as well as the time required for resolving of the buyer-seller dispute (in the case of dispute).
12.7. The claim shall be recognised in each case of manufacturing defects (poor workmanship, materials and construction defects). In case of claim recognition, the Customer shall receive a replacement that is free of defects, or refund of the amount paid for the purchased goods.
12.8. Marvena LTD shall not be liable for any loss of time or inconvenience caused during bicycle downtime, as well as other damages resulting from the product defect, and for performing the claim handling process.
12.9. The warranty shall not be recognised, if there is no proof of purchase documentation: invoice or receipt and warranty card.
13. PROTECTION OF PERSONAL DATA
13.1. Personal data provided to the Shop by the Customers, shall be processed by Marvena LTD.
Marvena LTD is registered as Administrator of personal data by the Commission for Personal Data Protection under number 0035867.
13.2. After placing a purchase order in the Shop, the Customer agrees his/her personal data to be added to the database of the Shop and to their processing for executing the contract. Submission of personal data by the Customer and his/her consent for their processing are required for executing the order. The Customer shall be liable for submitting false personal data.
13.3. Entrusted personal data shall be used solely for the purpose of service – accepting and executing orders, newsletter subscription, communication with the Customer in case of order-related issues, and for improving the service at www.pulse- cycles.com.
13.4. Marvena LTD guarantees these data will not be disclosed to third parties in any form or used for purposes other than the ones listed in item 13.3.
13.5. If necessary, we may share your data with other companies, e.g. courier companies that will deliver the goods to you. These companies may use your personal data only for processing your order, and not for other purposes.
13.6. By accepting these Terms and Conditions, the Customer expresses explicit consent pursuant to Art. 6, para. 1 and para. 4 of the Law on Electronic Commerce, to receive commercial notices, including bulletins or offers to purchase goods.
13.7. Entrusted personal data shall be stored and protected in accordance with the principles set out in the Law on Personal Data Protection.
We use “cookies” on different pages to allow the use of certain functions. These are small text files that are stored on your computer. After the browser session, most of the “cookies” used by us are deleted from your hard drive (the so called session cookies). The so called long-term “cookies” are used as well.
In another visit to our site, they will automatically recognise that you have been with us and what inputs and settings you prefer. You can oppose to the use of “cookies” by selecting the appropriate settings on your browser, but we would like to note that in this case, you will not be able to use the full functionality of this site.
13.9 All employees of Marvena LTD shall be obliged not to disclose the information of which they become aware while performing their duties and concerning the company Customers.
14. FINAL PROVISIONS
All product descriptions and technical specifications featured on the pages of the Shop, correspond to the information submitted by the manufacturer. We shall not be liable for any incorrect filing of parameters and characteristics of the goods, or their sudden modification by the manufacturer. The Shop reserves the right to make possible mistakes in the product descriptions. The photos are samples and serve for illustration purposes only.
2. Product descriptions and their photos are taken from the database owned by Marvena LTD. Any commercial use of the product information taken from the database of Marvena LTD, is prohibited.
14.3. Marvena LTD shall not be responsible for any disconnections in the use of the Online Shop for technical reasons (service, inspection, change of equipment, etc.) or for any other reasons beyond its control.
14.4. These Terms and Conditions shall enter into force on the date of their publication on the pages of the Shop at: www.pulse-cycles.comand shall be valid indefinitely.
14.5. Details on the activities that are not listed above, associated with the execution of services in the Shop, are described in other parts of the portal and form an integral part of the Terms and Conditions.
14.6. Marvena LTD reserves the right to change these Terms and Conditions. Any changes shall take effect from the date of their publication on the pages of the Shop. Orders placed prior to the introduction of changes to these Conditions and Terms, shall be executed on the basis of records that were valid on the day of placing the order.
14.7. For any cases not governed by these Conditions and Terms, the relevant provisions of the Bulgarian legislation shall apply, as well as other laws and regulations related to the activities and functioning of the Online Shop.
14.8. The law applicable to these Conditions and Terms and to contracts for supply of goods, shall be the Bulgarian law in force. A competent court is the respective court on the territory of Sofia.