Terms and conditions
1. Order and conclusion of contract
- All orders placed through the Seller’s online store are considered binding. The Buyer will be prompted before sending the order to check the box to confirm that they have read these general terms and conditions, fully comprehended their contents and that they agree with them. The subject trade terms will apply to all sales contracts between the Buyer and Seller which are concluded through the online store as distance contracts and to all relations arising therefrom.
2. The Buyer’s order represents a binding proposal for conclusion of the purchase contract. The purchase contract is concluded the moment of the Seller’s agreement delivery with a draft of the purchase contract to the Buyer, ie confirming the order from the Seller in the form of e-mail ”order confirmation” that will be sent to the email address specified in the Buyer’s order. Silence or inactivity of the Seller by themselves do not imply acceptance and/or confirmation. From the moment of the purchase contract conclusion, mutual rights and obligations arise between the Buyer and the Seller which are defined by the purchase contract and these terms and conditions, which are an integral part of the purchase contract.
The Contracting Parties agree that the purchase contract and all relations arising therefrom shall be governed by EU legal system. The place of the purchase contract conclusion is the EU. The provision of this paragraph shall not apply to the sale of goods by the company Epitagma LTD based in the Republic Bulgaria, as the goods of the company are subject to a separate purchase contract concluded between Epitagma LTD as the Seller, and any third person as the Buyer and this relationship is subject to Epitagma’s general terms and conditions.
- A condition of an electronic order is to fill all the information and requirements prescribed by the registration form and content approval of the order.
- The place of delivery is the address given by the Buyer in the registration form.
- If in these terms and conditions there is not stated otherwise, the Buyer shall acquire title to the goods the moment of full payment of the purchase price including the delivery cost of the goods (postage and packaging) borne by the Buyer. When selling goods abroad, the Buyer shall acquire title to the goods the moment when the goods are in the Bulgaria handed over from the Seller to the first carrier for dispatch to the Buyer.
- The Buyer has the right to cancel an order within 24 hours from ordering, through e-mail. However, we recommend at least one day in advance. Such an order cancellation is considered by the Seller as canceled. When canceling the order, your order number, name and email resp. contact details should be noted.
If it becomes necessary to repeat the delivery of goods due to the Buyer’s unavailability or if the Buyer without the prior written withdrawal from the purchase contract does not accept the goods, the Seller is entitled to claim compensation for damages in the amount of actual costs for unsuccessful attempt to deliver the goods.
In case of order cancellation, we do not charge any fees relating to the cancellation of the order. In the event that the Buyer used as a form of payment ”payment to the company account”, the Seller shall return the funds by bank transfer to the Buyer’s account within 7 days. In other cases, it is necessary that the Buyer indicated the account number and bank name, unless they agree with us on a different method.
- The Seller has the right to cancel the order if due to selling off their stocks or unavailability of the goods, even after all efforts that may be fairly required of them, they are unable to deliver the goods to the Buyer within the period set by these terms and conditions or at the price which is listed in the online store, unless they agree with the Buyer on compensation. The Buyer will be informed about the order cancellation by phone or email and in case of the purchase price payment or its part, their funds will be returned within 7 days to the designated account, unless they agree with the Buyer otherwise.
- Duration of a special offer – all special offers are valid until the stock lasts, unless otherwise indicated at a specific product
2 Purchase of weapons, ammunition, powder
(1) Weapons and ammunition, which are subject to a special purchase authorization, are only sold, respectively delivered, after presentation of valid documents: e.g. hunting license (only original document) or expediently as official confirmation or officially certified photocopies of all labeled pages (fax may not be recognized), weapon owners card (only original document), ammunition purchase certificate (only original document) or special permit (only original document). If the products in question are listed in annex 2 of the weapons law, you are asked to produce a weapons permit.
(2) Purchase authorization-free articles shall be delivered, respectively sold, only upon presentation of an official original certificate or expediently upon presentation of an official confirmation, that the acquirer has reached the age of 18 years.
(3) Powder can only be purchased on presentation of the original explosives permit.
(4) You affirm, in conjunction with the sending of your order, that you are at least 18 years old and that the data supplied by you regarding your name and your address is accurate. You are obligated to ensure that the product is only received by you or persons of legal age who you have authorised to receive the product.
3 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) Our offers on the website are non-binding and are not a binding offer to conclude a contract.
(3) You can use the online shopping cart system to place a binding offer of purchase (order).
Here, the goods meant for purchase are stored in the ‘Shopping Cart’. You can use the respective button in the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has been called up and the respective personal data and payment and shipping conditions have been entered, all the order data is displayed again on the order overview page. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction. When the order is placed using the “Place order in conjunction with a liability to pay” button, you are considered to have made a binding offer to us.
You then receive an automatically-generated email regarding the receipt of your order. This email does not yet lead to the conclusion of a contract.
(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question.
If you have not received any corresponding message within this deadline, you are no longer considered to be bound to your order. Under such circumstances, any services that have already been provided are restored without undue delay.
(5) You are not bound by your enquiries regarding the creation of an offer that has been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
4 Contract language, saving the text of the contract
(1) Contract language shall be English.
(2) The complete text of the contract is not saved with us. Before the order is sent, via the online – shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
(3) You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
5 Prices and payment arrangements
(1) The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
You can find our accepted payment methods on our website. The delivery takes place respecting the shipping costs indicated in the item description. We would like to point out possible delivery restrictions if these are presented.
(2) The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
(3) The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
(4) Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
7 Delivery conditions
(1) The delivery conditions, delivery date, and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
- The delivery will be after receiving your payment. The delivery times can be found in the shop.
- All items are shipped together. The delivery time depends on the longest delivery time of the products.
- Part deliveries at Epitagma are only made if the delivery date specified at the time of the order changes significantly.
(2) If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
8 Statutory warranty right
There exists a statutory warranty liability right for defects for all our goods.
Liability for defects is governed by the “§10 Warranty” provisions in our General Terms and Conditions of Business.
9 Revocation right for consumers
Instructions for revocation
(1) Revocation right
You have the right to revoke this contract within fourteen days without specifying any reasons. The revocation period is fourteen days with effect from the day,
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;
In order to exercise your revocation right, you must inform us
E-Mail address: email@example.com
of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
(2) Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within fourteen days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the fourteen-day deadline. You bear the direct costs of returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features, and functionality of the products.
(3) Criteria for exclusion or expiry
3.1. The revocation right is not available for contracts
- for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
- for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly; for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which
- however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
- for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
3.2. The revocation right expires prematurely in case of contracts
- for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
- for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
- for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
- Please avoid damage and contamination of the product. If possible, please return the goods to us in original packaging with all accessories and with all packaging components.
- If necessary, use a protective outer packaging. If you no longer own the original packaging, please provide suitable packaging for adequate protection against transport damage.
(4) Value replacement upon withdrawal
In the case of a withdrawal of the contract, the customer shall pay for the loss of value of the goods, if the loss of value is attributable to the dealing with the goods, if the way of dealing the goods was not necessary for examination of the consistency, of the quality and the functionality of the goods, and if we informed the customer about his right of revocation.
(5) Sample – Revocation form
If you wish to revoke the contract, please fill up this form and send it back to us
Email address: firstname.lastname@example.org
I/we (*) hereby revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)
the provision of the following service _____________________________________
Ordered on _____________/ received on _________________ (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of a notification on paper)
(*) Cross out the incorrect option.
(1) The statutory warranty rights are applicable.
(2) Despite the contents of the corresponding legal regulation, the warranty period for second-hand items amounts to a period of one year after delivery of the goods in question. The reduction in time-limit does not apply;
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods.
(3) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
11 Choice of law, place of fulfilment, jurisdiction
(1) Law of Republic Bulgaria shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfillment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Bulgaria or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/consumers/odr
We are not obligated to participate in a dispute settlement procedure before a consumer cancellation agency and are not in principle prepared.