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The purpose of R-Telecom LTD is trade representation, sale and delivery of devices and solutions for radio frequency measurements, analysis, monitoring and coding.
I. SUBJECT AND GENERAL CONDITIONS.
The present general conditions govern the contracts for delivery of products, concluded between:
"R-TELECOM" LTD, a company incorporated under the laws of the Republic of Bulgaria, with address of management: Sliven 8800, 2 Georgi Gyulmezov Str., hereinafter referred to as "SUPPLIER", and
The users of the products offered on the site, hereinafter referred to as "CUSTOMERS".
1. Customer within the meaning of these general conditions is:
a) a natural person who purchases goods or uses services that are not intended for commercial or professional purposes, and a natural person acting outside his trade or professional occupation;
b) a natural person or a legal entity, which purchases goods or uses services intended for trade or professional purposes.
2. Manufacturer within the meaning of these general conditions is a natural person or a legal entity, which:
a) produces finished goods as an occupation or substantially alters or redesigns a product with an aim to place it on the market;
b) represents himself as a manufacturer by affixing to the product, the packaging and/or to the product technical or trade documentation his personal or company name, his manufacturer's logo or other distinctive mark.
II. ORDERS.
3. Orders may be shipped by "R-TELECOM" LTD or by a manufacturer represented by "R-TELECOM" LTD.
By completing the order form the customer declares that he/she agrees to these general conditions and provides the supplier with permission to contact him/her at the specified email or phone number.
4. Orders can be placed by advance request for a quote with prices, trade conditions and delivery time or via the website of "R-TELECOM" LTD.
4.1. After adding the selected items to the cart, the customer is required to fill out a form with an email address and other information, and to indicate the payment method. In addition, the customer may specify whether he/she wants to be notified about the delivery term in advance. Once the customer completes the order and presses the "Finalize Order" button, it shall be deemed that the customer has sent an offer to the supplier.
4.2. The customer will be notified at the specified e-mail address when the order has been received, confirmed and shipped.
5. The customer may use the inquiry form published on the website of the supplier to make an inquiry about price, availability, delivery time, etc.
5.1. Inquiries received before 14.00 hrs are processed the same day. Inquiries received after 14.01 hrs are processed the next day.
5.2. Provided that the manufacturer has confirmed the availability of the goods, the supplier shall provide the customer with a quotation containing information about the main characteristics of the product, the delivery time, the price in Euro (€) and the included taxes and fees, the shipping costs, including insurance costs when such have been agreed.
5.3. A quotation confirmation sent by the customer shall be considered a declaration of will for conclusion of delivery contract based on the conditions set out in the quotation.
Additional agreements and amendments of the quotation are executed by written consent of the parties.
5.4. NOTE: For payments made vía PayPal and PayPal payments vía credit/debit card, the customer shall pay the supplier a fee of 3.5% (three point five percent).
6. Discounts are not made and advance payments do not serve as reason for discount. The price valid on the day of delivery shall be applied to orders, for which no price has been agreed.
7. The supplier may reasonably change the specified price in case his costs have increased after the conclusion of the contract, especially when this is due to increase of the labor remuneration, increase of the prices of materials or currency rate fluctuations. Upon request by the customer the supplier shall be obliged to justify the reasons for such changes.
8. The total price of the goods shall be paid by bank transfer to the accounts of the supplier:
- In euro (€) - IBAN: BG36UNCR70001523031051, SWIFT (BIC): UNCRBGSF
- In BG leva (BGN) - IBAN: BG42UNCR70001523031040, SWIFT (BIC): UNCRBGSF
9. The supplier shall issue a tax invoice in compliance with the requirements of the Accountancy Act, which is attached to the contract, together with all certificates and warranties and other accompanying documents.
III. DELIVERY TERMS AND CONDITIONS
10. Crucial for the delivery size and date is only the written information specified in the order confirmation or the written quotation. Additional agreements and amendments are executed by written consent of the parties. The specified delivery dates are approximate. It is assumed that the delivery term specified in the quotation starts when all technical issues have been clarified.
11. The delivery term is considered met when the delivery is dispatched by the supplier before the deadline has expired or when a notification has been sent that the product is available for delivery.
12. The delivery term shall be extended appropriately in the event of force majeure. The customer shall be informed in writing about the force majeure as soon as possible.
13. As a rule, and unless otherwise agreed, the products are shipped from the warehouse in Sliven. Upon delivery of the goods to the shipping agent, the risk of their destruction or damage is shifted to the customer.
IV. LIABILITIES.
14. The supplier shall not be liable for failure to deliver or for inaccurate delivery, which are due to the shipping agent's conditions for acceptance, carrying and delivery of shipments – international and on the territory of Bulgaria.
15. In the event that the customer delays the pre-arranged payments, he/she shall owe to the supplier a penalty of 0.5% (zero point five percent) of the outstanding amount per day.
16. All devices are sent by the supplier after they have been tested. Upon receipt, the customer shall be obliged to inspect the goods and within one day to inform the supplier in writing of any defect that is obvious and recognizable as a result of a proper test. In the event of reasonable notice of defects, the supplier shall have the right to pre-test the product or to ship it directly to the manufacturer for replacement or repair.
17. The supplier shall not be liable for any software errors or mistakes in the instructions or other written materials related to the software usage.
V. WARRANTY.
18. The goods subject to the delivery contract are supplied with a manufacturer warranty. The commercial warranty is binding upon the manufacturer as specified in the warranty terms and conditions applicable to the specific claim filed.
Upon duly filed written complaint the supplier shall be obliged to ship the product to the manufacturer.
19. The supplier does not provide any other warranty unless he has provided explicit written warranty for the delivered goods.
20. The warranties set out in these conditions replace all other warranties, arranged either directly or indirectly, and may be extended or described in detail in the operating instructions provided by the product manufacturer. Conditions that differ from or are in conflict with these general conditions shall not be accepted, except by mutual agreement executed in writing. These conditions shall be applied, including upon a completed delivery to the customer, regardless of the fact that the customer's conditions may be in conflict with or differ from these conditions. In order to be legally valid any additional agreements and amendments require the written consent of R-Telecom LTD. The company policy shall be applicable to all future transactions with the customer.
21. In case the supplier has been duly authorized by the manufacturer to repair any goods returned within the warranty period, the supplier shall bring the goods to a state compliant with the sales contract.
21.1. The standard warranty is 2 (two) years as of the date of purchase (when this date is confirmed on a label/seal or by any other appropriate means) or the date of manufacture (if the purchase date is not confirmed).
21.2. The warranty is canceled in any of the following cases:
a) defects or damages caused by improper storage, misuse, careless handling, lack of maintenance or accident;
b) defects or damages caused by use of devices containing electronically or mechanically incompatible equipment;
c) the product has been improperly opened, modified or repaired by unauthorized people;
d) the warranty seal/sticker has been damaged;
e) the product has been mechanically damaged.
21.3. In any case, the supplier shall be liable to the amount of the price paid by customer for the goods.
22. In case that the supplied product does not correspond to the delivery contract conditions, the customer shall file a claim with the supplier using a provided template.
22.1. The customer shall return the goods to the supplier within three days of delivery, in the state, in which it was delivered – in its original packaging, with intact warranty seals and together with all accompanying documents. The customer shall also attach a cash-slip or invoice, protocols, acts and other documents proving that the product is not compliant with the agreed terms, as well as other documents assessing the reasons and the amount of the claim.
22.2. In case that the manufacturer has provided a commercial warranty for the product, the claim shall be satisfied by replacement of the product with another product corresponding to the agreed conditions, or by repairing the product, in which case the manufacturer shall determine whether the warranty shall be applied or not.
22.3. Claims may be filed within two years of delivery of the product, but not later than one month following the ascertainment of the fault.
23. All costs connected with the sending/return of the goods to/by the manufacturer for the purpose of repair or replacement shall be borne by the customer.
V. FINAL PROVISIONS.
24. By sending a quotation confirmation the customer declares that he/she agrees with these general conditions of the delivery contracts.
25. The supplier shall not be liable for any direct, indirect or subsequent damages or losses, including lost time, lost profits, etc. when they have been incurred in violation of these general conditions. The supplier and the manufacturer explicitly reject any other warranty outside these general conditions, expressed or implied, with regard to any of the products.
26. Amendments of these general conditions may be executed by mutual consent expressed in writing.
27. For any issues not governed by these general conditions and arising in connection with the conclusion, performance, amendment and termination of the delivery contract, as well as the obligations thereunder, the laws of the Republic of Bulgaria shall apply.
28. In case that any of the provisions in these general conditions is deemed invalid, the remaining provisions shall remain valid and enforceable.
29. All disputes arising from the execution of this contract shall be resolved by the parties by means of direct negotiations. In case that agreement cannot be arrived at, the disputes shall be resolved by filing a claim to the competent court in Sliven, Bulgaria.