TERMS AND CONDITIONS
Please read the Terms and Conditions for using the services available through the website TABARECORDSTORE.COM, an integral part of which are the Terms of Cancellation and Complaints for contracts concluded through the website TABARECORDSTORE.COM ("Cancellation and Complaint Terms") and the Privacy Policy (collectively referred to as the "Terms of Use"). If you agree with them, please indicate your consent in the "I agree to the Terms of Use" field, the "I agree to the Cancellation and Complaint Terms" field, and the "I agree to the Privacy Policy" field, then press the virtual "Confirm" button. After making this indication, it is considered that you are familiar with the Terms of Use, accept them, and undertake to comply with them.
GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH THE WEBSITE tabarecordstore.com
The general terms of the contract for using the services provided by "TAVA" EOOD (TAVA) through the website TABARECORDSTORE.COM (https://tabarecordstore.com/) regulate the relationship between TAVA and each user of the services available through the website TABARECORDSTORE.COM.
I. GENERAL PROVISIONS
1. Merchant Information
1.1 "TAVA" EOOD (hereinafter referred to as "TAVA") is a limited liability company, with registered office and management address: Sofia 1632, Ovcha Kupel-1, bl. 505, entrance A, floor 8, apt. 31, EIK 205451240, tel .: +359 888088178, email address: INFO@TABARECORDSTORE.COM, VAT number: BG205451240. The correspondence address and the address where TAVA carries out its economic activity within the meaning of Art. 47, para. 1, item 4 of the Commerce Act, is Sofia 1463, 52 Tsar Asen Str.
2. Definitions
In the application and interpretation of these Terms of Use, the following terms and expressions shall have the following meanings:
2.1 "Malicious actions" are actions or inactions that violate Internet ethics or harm individuals connected to the Internet or associated networks, such as sending unsolicited emails (spam, junk mail), flooding channels (FLOOD), gaining unauthorized access to resources with others' rights and passwords, exploiting system vulnerabilities for personal gain or obtaining information (HACK), actions that may be classified as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending "Trojan horses" or causing virus installation or remote control systems, disrupting the normal operation of other Internet users and associated networks, and engaging in any actions that may be classified as a crime or administrative offense under Bulgarian law or other applicable law.
2.2 "Internet page" is a part of a website, which can be integral or separate.
2.3 "Information system/System" is any individual device or set of interconnected or similar devices that, in execution of a specific program, provides or is one of the elements providing automatic data processing.
2.4 "Password" is a unique combination of letters, numbers, and/or characters chosen by the User, which together with the email address provided by the User during registration serves as access to their User profile.
2.5 "User" is a legally capable individual (aged 18 or older and not legally prohibited), who registers and activates their Profile on the TABARECORDSTORE.COM website and/or makes a request to purchase goods and/or services through TABARECORDSTORE.COM without registration and has agreed to these Terms of Use. A User is also any other person who accesses and/or uses the informational services and resources provided through TABARECORDSTORE.COM that do not require registration.
2.6 "User profile/Profile" is a separate part of the TABARECORDSTORE.COM website containing information about the Registered user, provided by the user during their registration and when using the services provided through TABARECORDSTORE.COM, stored by TAVA. The User profile enables the Registered user to use certain services with restricted access, to view, edit, and supplement their data entered during registration or at a later time, to access information about their requests for purchasing goods and/or services, to change their access Password, to terminate the use of the services, to publish and remove published opinions, comments, and more.
2.7 "Selling price" is the final price for a unit or for a specific quantity of goods or for a service, including value-added tax and all additional taxes and fees.
2.8 "Registered user" is any User who has successfully completed the registration procedure and has created their User profile.
2.9 "Unregistered user" is any User who does not meet the criteria for a Registered user.
2.10 "Force majeure event" is an unforeseen circumstance at the time of the contract conclusion, of an extraordinary nature, which objectively makes the provision of the Services impossible.
2.11 "Server" is a device or system of interconnected devices on which or on one of which system software is installed to perform tasks related to storing, processing, receiving, or transmitting information.
2.12 "Website" is a separate place on the global Internet network, accessible through its unified address (URL) via HTTP, HTTPS, or another standardized protocol, containing files, text, programs (software), sounds, pictures, images, electronic references, or other materials and resources.
2.13 "TABARECORDSTORE.COM" (www.TABARECORDSTORE.COM) is the website owned by and administered by TAVA – a virtual information resource on the Internet for providing services of the information society and for distance selling of goods and services, which are delivered upon explicit request by the User.
2.14 "Services" are the services provided through TABARECORDSTORE.COM, which are subject to these Terms of Use. The Services may include requesting and purchasing goods and services at a distance, searching and accessing information resources available in TABARECORDSTORE.COM, and other free or paid services that may be provided to the User by TAVA through TABARECORDSTORE.COM.
2.15 "IP Address" is a unique identification number associating a device, Internet page, or resource of the User in a manner that allows their localization on the global Internet network.
2.16 "Terms of Use" are this document - the General Terms and Conditions for using the services available through the website TABARECORDSTORE.COM, together with the Terms of Cancellation and Complaints for contracts concluded through the website TABARECORDSTORE.COM and the Privacy Policy and all their annexes.
3. Subject of the contract
3.1 TAVA provides the User with the Services strictly in compliance with the requirements set forth in these Terms of Use. These Terms of Use apply to all services available on TABARECORDSTORE.COM, unless otherwise stated that other rules apply to specific services or they are subject to individual negotiation with TAVA.
3.2 The Terms of Use do not apply to services for which there are separate rules, unless otherwise provided in the latter, as well as to the relationships between the User and third parties that the User has connected with using TAVA's services, including, but not limited to, relationships between the User and courier service providers and others used for the delivery of goods purchased by the user through TABARECORDSTORE.COM.
3.3 Some of the Services are provided without the need for registration. These may include, but are not limited to, services related to searching and accessing content in the form of text, video materials, images, and others available on TABARECORDSTORE.COM, placing orders to purchase goods/services through TABARECORDSTORE.COM, etc.
3.4 The use of some of the Services is possible only after prior registration and the creation of a User profile, as explicitly indicated on the respective Internet pages on TABARECORDSTORE.COM.
3.5 The provision of the Services does not include providing computer and other client equipment (end devices for Internet access) and connectivity for transmitting information packets between the User and the Internet page necessary to access TABARECORDSTORE.COM. TAVA is not responsible if the User cannot access the services due to problems beyond TAVA's control (hardware, software problems, Internet connectivity issues, etc.).
3.6 The Services provided by TAVA are diverse and continuously supplemented and modified in order to improve and expand them, and the number, prices, characteristics of the respective goods and services provided, and their mode of sale, respectively provision (free without registration, free with registration, or with registration and payment), may be changed at any time by TAVA.
4. Agreement to the Terms of Use
4.1 With each use of the informational services and resources on the TABARECORDSTORE.COM website, including opening a webpage from TABARECORDSTORE.COM, as well as by clicking on an electronic link (link) from any webpage within TABARECORDSTORE.COM, the User is deemed to be acquainted with these Terms of Use, agrees to them, and undertakes to comply with them. If an Unregistered User does not agree with any of the requirements stipulated in these Terms of Use, the Unregistered User should not use any of the Services and should immediately leave the TABARECORDSTORE.COM website.
4.2 When the User creates a Profile or when the Unregistered User orders goods/services on TABARECORDSTORE.COM by checking the box "I agree to the Terms of Use", the box "I agree to the Terms of Cancellation and Complaint", and the box "I agree to the Privacy Policy" and clicking the virtual button "Confirm", the User makes an explicit electronic statement within the meaning of the Electronic Document and Electronic Signature Act (EDESA), declaring that they are acquainted with the Terms of Use, the Terms of Cancellation and Complaint, and the Privacy Policy, accept them, agree to them, and undertake to comply with them. By being recorded on the respective medium on the TAVA server through a generally accepted standard for technical conversion, enabling its reproduction, the electronic statement acquires the quality of an electronic document within the meaning of EDESA.
4.3 In the relationship between the parties, the authorship of the User's electronic statements to TAVA and the authorship of TAVA's electronic statements to the User will be established in accordance with Article 13, paragraph 1, in connection with Article 13, paragraph 4, sentence 2 of EDESA. To avoid any doubt, the Parties agree that entering an email address in its entirety and a Password when accessing the Profile or completing the data of an Unregistered User in the request for purchasing goods/providing services will constitute a means of uniquely identifying the User as the author when sending electronic statements to TAVA through TABARECORDSTORE.COM. The Parties agree that electronic statements received in this manner shall be deemed signed with an ordinary electronic signature, having the legal effect of a handwritten signature in their relationship, within the meaning of Article 3, paragraph 10, in connection with Consideration 49 of Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC and Article 13, paragraph 4, sentence 2 of EDESA.
4.4 The text of these General Terms and Conditions for the use of services available through the TABARECORDSTORE.COM website is accessible on the Internet at https://TABARECORDSTORE.COM/terms-and-conditions. An integral part of the Terms of Use are the Terms of Cancellation and Complaint, available at https://TABARECORDSTORE.COM/terms-and-conditions, as well as the Privacy Policy, available at https://TABARECORDSTORE.COM/terms-and-conditions, in a way that allows their storage and reproduction.
4.5 By accepting the Terms of Use, the User agrees that communication with them will be conducted electronically, including via email, and that they will be the addressee of electronic statements from TAVA, including those that are automatically generated and/or sent through TABARECORDSTORE.COM by email, short text messages (SMS), within the Profile, or by other means.
4.6 TAVA may store in log files on its server the User's IP address, as well as any other information necessary for identifying the User and reproducing their electronic statement for accepting the Terms of Use, the Terms of Cancellation and Complaint, and the Privacy Policy, as well as for making other electronic statements in case of a legal dispute.
5. Registration. Orders Without Registration
5.1 In order to use the Services that require registration, the User must first create their User Profile by completing the corresponding online registration form available in real-time on the Internet page http://TABARECORDSTORE.COM/register and express their agreement with the Terms of Use as outlined in section 4.2.
5.2 To place a valid order to purchase goods or services offered on TABARECORDSTORE.COM without registration, the Unregistered User should fill out the corresponding online form available in real-time on TABARECORDSTORE.COM and express their agreement with the Terms of Use as described in section 4.2.
5.3 The User should complete all fields marked as mandatory in the respective online registration/order form. When filling out the online form, the User must provide accurate and complete identification data about themselves, as well as any other information marked as mandatory to provide in the form. The User guarantees that the data provided during the registration process and when placing orders for goods/services are true, complete, and accurate, and that they will promptly update them in case of any changes. In case of failure to provide the required data marked as mandatory in the respective online form or providing incorrect data, TABA has the right to terminate or immediately suspend the provision of the Services, refuse to register the respective User, terminate or suspend the maintenance of the User's registration and access to their Profile, or refuse to process and/or fulfill the User's order for the purchase of goods/services.
5.4 Before making the statement under section 4.2, the User may freely correct the data entered by them in the respective online form.
6. Conclusion of the Contract
6.1 The contract between the User and TABA comes into effect from the moment of agreement with the Terms of Use, as objectively indicated in section 4. The contract is concluded in Bulgarian.
6.2 After the contract is concluded, TABA immediately confirms receipt of the statement under section 4.2 by sending an electronic message to the User's email address. The confirmation message contains the name, registered address, and contact details of TABA, the text of the Terms of Use in the form of an electronic document, and an electronic link for registration confirmation (in case of registration).
6.3 The contract is effective as follows:
6.3.1 For Registered Users - for an indefinite period from registration until its termination in accordance with these Terms of Use;
6.3.2 For Unregistered Users who have placed an order to purchase goods or request services - until the performance or termination of the individual contract concluded in connection with the respective request;
6.3.3 For Unregistered Users - visitors to the TABARECORDSTORE.COM website who do not fall within the scope of the above two categories - until they cease using the services and resources available through the TABARECORDSTORE.COM website.
User Profile
7.1 Access to the User Profile is granted to the User by entering their registered email address and Password. The User's profile becomes active and accessible to the User after confirming their registration by clicking on the electronic confirmation link under section 7.2.
7.2 The User undertakes not to disclose their Password to third parties and to promptly notify TABA in case of unauthorized access or suspicion thereof. The Registered User is responsible for taking all necessary precautions and measures reasonably required to protect their Password and bears full responsibility for all actions performed by them or by a third party using the same.
7.3 TABA does not verify and is not responsible for the accuracy of the information provided by the User during their registration or when using the Services.
7.4 Registration allows the User to reuse the information entered in their Profile when using TABARECORDSTORE.COM services.
7.5 The User undertakes to log out of their Profile by clicking on the "Log out" virtual button after each session.
8. General Information about the Provided Services
8.1 The services provided by TABA, their content, the conditions for their provision, and the prices for using them (if applicable) are published on the respective web pages of the TABARECORDSTORE.COM website.
III. PURCHASE OF GOODS/SERVICES THROUGH THE TABARECORDSTORE.COM WEBSITE
Information about Goods and Services
14.1 TABA publishes on TABARECORDSTORE.COM a description of the main characteristics of each product/service, the selling price including value-added tax, as well as information about postage or transportation costs not included in the price of the goods related to their delivery, information about payment methods, delivery time, and execution of the contract, and about the consumer's right of withdrawal (where applicable) and the conditions and method of exercising it, as well as the period during which the offer and price remain valid (if applicable).
14.2 The delivery deadlines advertised on TABARECORDSTORE.COM are informative, with the specific delivery time being confirmed by TABA with the message under section 17.2. In the event of a substantial deviation between the advertised and the actual delivery time, TABA requests confirmation of the user's agreement to this period under section 16.5.
Public Invitation
15.1 The publication of the main characteristics and the price of a product/service on the TABARECORDSTORE.COM website constitutes a public invitation within the meaning of Article 290, paragraph 1 of the Commercial Act to make a purchase request in accordance with sections 16.1-16.5.
15.2 TABA reserves the right to change the prices of the goods/services listed on TABARECORDSTORE.COM at any time, unless expressly stated otherwise, that the selling price of a particular product will be valid for a specific period.
16. Purchase Order
16.1 The submission of a purchase order by the User is carried out by sequentially performing the following actions:
16.1.1 Determining the type and quantity of the respective product/service, including other parameters subject to specification if applicable (e.g., Color or Size), and confirming the order by clicking on the virtual "BUY" button next to the respective product/service;
16.1.2 Reviewing the type, unit price, quantity, and total price of each of the products/services added to the order (in "My Cart"). Possibility to change the selected products/services and add new ones;
16.1.3 Continuing the submission of the order by clicking on the virtual "ORDER" button;
16.1.4 Completing the required information for order fulfillment;
16.1.5 Final confirmation of the order by clicking the "PAY" button.
16.2 The purchase order for a product/service from the TABARECORDSTORE.COM website is considered completed by clicking on the virtual "PAY" button. Until this moment, the User has the opportunity to review and modify the selected products/services, quantities, delivery address, payment method, and other data related to the specific order.
16.3 In case of incomplete, incorrect, or wrong address, email address, and/or phone number provided when submitting the order, TABA is not obliged to fulfill it.
16.4 The order becomes effective between the parties after verifying the availability of the requested product for purchase/the possibility of providing the respective service and after confirming its validity by TABA in accordance with section 17.2.
16.5 Between the parties after the explicit confirmation from the User that they agree to the delivery time of the product they requested for purchase.
Confirmation of Receipt of the Order
17.1 TABA confirms the receipt of the purchase order by sending a message to the User's provided email address immediately upon receiving it, specifying the period within which, after checking the availability of the requested product/the possibility of providing the respective service, TABA will confirm the validity and acceptance of the order.
17.2 After checking the availability of the requested product within the period specified in section 17.1, TABA confirms the validity of the order and specifies the delivery time of the requested product/the provision of the respective service by sending a message to the User's provided email address. This message contains the following information:
17.2.1 Name, address of management, address of the place where TABA conducts its business, and contact information for TABA (including email address), the text of the Terms of Use, Terms of Refund and Complaints, and the Privacy Policy;
17.2.2 Information about the basic characteristics of the requested product/service;
17.2.3 The final selling price of the product/service including all taxes and fees, except in cases where the User has requested a product with additional features or options;
17.2.4 Order number;
17.2.5 Information about the value of postage or transportation costs not included in the selling price and related to its delivery, or a reference to the tariff of the respective courier service provider, according to which these costs will be determined;
17.2.6 Payment terms, execution, the date by which TABA is obliged to deliver the product/provide the service, and, where applicable, the methods provided by TABA for handling user complaints;
17.2.7 A statement regarding the commercial warranty provided by TABA, if applicable.
17.3 The individual purchase contract for the product/service with the User is considered concluded from the moment of receipt of the message under section 17.2.
17.4 In case TABA does not have the requested product for purchase/cannot provide the requested service within the period specified in section 17.1, it notifies the User of this circumstance by sending a message to the email address provided by the User. In these cases, TABA refunds to the User the amounts paid by them for the purchase of the requested product/service, if any, in full no later than 14 (fourteen) days from the date of the notification under the preceding sentence.
18. Prices
18.1 All prices on TABARECORDSTORE.COM are stated in Bulgarian Levs and include value-added tax.
18.2 The prices listed on TABARECORDSTORE.COM for individual products/services are for a single quantity and do not include delivery costs.
18.3 The sales price due from the User is the one indicated in the invitation to purchase the product at the time of submitting the purchase request in the manner described in sections 16.1-16.5 above.
Discounts
19.1 In some cases, TABA may offer discounts on the listed prices of products/services. This circumstance and the exact amount of the discount are explicitly stated in the description of the respective product/service, immediately next to the "Price" column.
19.2 At its discretion, TABA may provide the User with a Promo code to the email address with which they are registered on TABARECORDSTORE.COM. Entering the Promo code allows the User to benefit from a discount on the prices of the products. The final price of the products after the discount applied through entering the Promo code will be visible to the User after clicking the virtual "CONFIRM" button. Providing a Promo code is a right but not an obligation of TABA and depends entirely on TABA's discretion unless explicitly stated otherwise.
Delivery Costs
20.1 Postal or transportation costs associated with delivering the purchased product to the delivery address provided by the User are not included in the prices listed on TABARECORDSTORE.COM for the offered products and are entirely borne by the User.
Payment Method
21.1 The sales price can be paid by the User through one of the following methods:
21.1.1 Cash on delivery;
21.1.2 Cash in the TABA store;
21.1.3 By card.
21.1.4 Through PayPal. Payments via PayPal can be made using the following types of bank cards: national debit cards with the BORICA logo and/or international cards. When selecting PayPal as the payment method in the order form for products/services on TABARECORDSTORE.COM and pressing the virtual "PAY" button as per section 16.2, the User is automatically redirected to the payment server at paypal.com. Upon successful transaction, TABA generates an electronic receipt for the transaction, which the User should print and keep a copy for future reference.
21.1.5 Payment via bank transfer;
21.1.6 By other means specified on TABARECORDSTORE.COM.
21.2 The User pays the sales price of the purchased product/service as follows:
21.2.1 In the cases under section 21.1.1 – at the time of delivery of the product to the specified delivery address;
21.2.2 In the cases under sections 21.1.2 and 21.1.3 – on-site at the TABA store upon receiving the product/before providing the respective service;
21.2.3 In the cases under section 21.1.4 – at the time of automatic redirection of the User to the payment server at stripe.com;
21.2.4 In the cases under section 21.1.5 – at the time of automatic redirection of the User to the payment server at paypal.com;
21.2.5 In the cases under section 21.1.7 – according to the deadlines specified on the respective Internet page.
21.3 By accepting these Terms of Use, the User is explicitly informed and agrees that the sales prices of all products/services ordered by them are to be paid before their delivery, except in the cases under sections 21.1.1, 21.1.2, and 21.1.3.
21.4 All postal or transportation costs associated with delivering the purchased product are paid directly to the respective courier service provider.
Delivery
22.1 The User has the option to choose to receive the purchased product from one of the specified warehouses or counters of the courier service provider, have it delivered to the delivery address provided by them, or pick it up from a TABA store.
22.2 The purchased product is handed over by TABA to the courier service provider and is delivered to the User's chosen warehouse or courier counter or to the delivery address provided by the User in the specified timeframe mentioned in the message under section 17.2. TABA's obligation to deliver the purchased product to the User is considered fulfilled upon its handover to the courier service provider.
22.3 The product is delivered adequately packaged according to its type and transportation requirements.
22.4 When ordering multiple products with one request, where the delivery times for the different products vary, TABA reserves the right, in the message under section 17.2., to propose to the User that the delivery be made in parts. In these cases, TABA sends information about the alternatively possible delivery times for delivering all the requested products at once and respectively in parts with instructions on how to confirm the User's consent to the proposed option for splitting the delivery of the requested products into parts by sending a message to the User's specified email address. If the User does not confirm their consent to the proposed option for partial delivery, the requested products are delivered all at once within the timeframe specified for such delivery in the message under section 17.2.
23. Delivery of the Product
23.1 The product is delivered to the User or to a third party who receives it on behalf of the User and confirms its receipt. Upon receiving the product, the User or the third party signs the accompanying documents.
23.2 The User undertakes to receive the product, or to ensure that someone receives it on their behalf, within the delivery timeframe and at the specified delivery location.
23.3 If the User has chosen to collect the product from a specified warehouse or counter of the courier service provider and fails to do so within the delivery timeframe, TABA is released from its obligation to deliver the purchased product.
23.4 If the User has chosen for the product to be delivered to a specified address and is not found at the delivery address within the delivery timeframe or if access and conditions for handing over the product are not provided within that timeframe, TABA is released from its obligation to deliver the purchased product.
23.5 If the User has ordered products and fails to appear at the TABA store for collection within the timeframe specified in the message under section 17.2 for receiving the delivery, TABA is released from its obligation to deliver the purchased product.
23.6 All additional postal or transportation costs, as well as storage costs related to the User's failure to fulfill their obligations under section 23 or to provide conditions and access for collecting or handing over the product within the delivery timeframe, are borne by the User.
23.7 The User is required to inspect the received or delivered product at the time of receipt in the presence of the courier/TABA representative. In case of any damages found, a descriptive protocol is drawn up, which is signed by the User and the courier/TABA representative.
Acceptance of the Product
24.1 The User has the right to refuse to receive the purchased product when the delivered product clearly does not correspond to the ordered one, which can be established through its ordinary inspection.
24.2 Under the conditions of section 24.1, as well as in the case of a discrepancy between the ordered and delivered product, which could not be established at the time of delivery, the User may request the delivered product to be replaced with one corresponding to the order by sending a written request to TABA, presenting the provided commercial warranty or complaint (where applicable), or return the delivered product and request TABA to reimburse the full amount paid by the User for purchasing the respective product. In the event of returning the product under the preceding sentence, TABA reimburses the User the amounts paid by the User for purchasing the product within 14 (fourteen) days from the date on which the User returned the product and requested reimbursement of the amounts paid by them.
25. Commercial Warranty
25.1 TABA may provide a commercial warranty for some of the products offered on TABARECORDSTORE.COM. A commercial warranty is provided only for products explicitly marked as such on the respective web pages of TABARECORDSTORE.COM.
25.2 The commercial warranty provided by TABA under section 25.1 is binding only for TABA unless explicitly stated otherwise in the application for providing the respective commercial warranty.
25.3 The period of the commercial warranty starts from the date of delivery of the product to the User in accordance with section 23.1. The method and necessary documents for filing a complaint under the commercial warranty are indicated in the respective application for providing the commercial warranty.
IV. RIGHTS AND OBLIGATIONS OF THE PARTIES
User Rights
26.1 The User has the right to:
26.1.1 Real-time (online) access to the services provided through TABARECORDSTORE.COM, subject to the access requirements determined by TABA;
26.1.2 Access to and correction in real-time (online) of their personal and other data entered during their registration or thereafter through their Profile;
26.1.3 Withdraw their consent to receive unsolicited commercial communications given during registration on TABARECORDSTORE.COM at any time and express disagreement with receiving such communications in the future;
26.1.4 Access to the content published on TABARECORDSTORE.COM solely for personal use, using the normal functionalities of TABARECORDSTORE.COM. Access to multimedia content (audio and video recordings/files) may be carried out solely through streaming – the continuous transmission of audio and video signals over the Internet from TABARECORDSTORE.COM to the User's end device, allowing the User to watch and listen to audio and video recordings in real-time, where no permanent copy is stored on the User's device, and which does not allow downloading, recording (storage), distribution, and/or deferred viewing or listening unless expressly and unequivocally permitted by TABA, for example, by indicating an option for downloading (download button or electronic link) to the respective content.
26.1.5 Terminate the use of services provided by TABA at any time, by discontinuing their registration. Termination of registration is done by pressing the virtual button "Terminate Registration" in the User's Profile. After termination of registration, the contract between the parties is considered automatically terminated from the date of termination of registration. TABA should cease the User's access to their User profile, and the content (opinions, comments, etc.) uploaded by the User on the TABARECORDSTORE.COM website ceases to be visible to third parties. Termination of registration does not affect the validity of contracts concluded prior to that based on purchase orders for products/services.
26.2 A User who qualifies as a "consumer" within the meaning of the Consumer Protection Act (CPA) has the right to withdraw from a contract concluded in connection with a specific order and the right to claim for any non-compliance of the product delivered by TABA with the agreed terms. The procedure for exercising the right of withdrawal and claims is regulated in the Conditions for Withdrawal and Claims, which are available online on the following webpage...
27. User Obligations
27.1 The User undertakes to:
27.1.1 Provide accurate and valid email address, telephone number, as well as an accurate and valid delivery address when placing an order;
27.1.2 Pay the price of the ordered product/service and the delivery costs;
27.1.3 Accept the product/accept the performance of the service, or visit a TABA store to receive the product/accept the performance of the service;
27.1.4 Not submit fictitious or invalid orders or any other false information.
27.2 The User undertakes when using the services provided by TABA through TABARECORDSTORE.COM to:
27.2.1 Comply with Bulgarian legislation, the Terms of Use, Internet ethics, generally accepted norms of morality, and good manners;
27.2.2 Not violate the property or non-property rights of others, including intellectual property rights;
27.2.3 Immediately notify TABA of any committed or discovered breach in the use of TABARECORDSTORE.COM;
27.2.4 Not interfere with the proper operation of TABA's System, including but not limited to, not thwarting the identification procedure of another User, not accessing beyond the provided access, not obstructing other Users from using the TABARECORDSTORE.COM website, and not using TABARECORDSTORE.COM in a manner that causes denial of service;
27.2.5 Not extract, through technical means or by technical method, information resources or parts of information resources belonging to the databases located in TABARECORDSTORE.COM, and thereby not creating its database in electronic or other form;
27.2.6 Not impersonate another person or group of people they are not authorized to represent, or otherwise deceive third parties about their identity or affiliation with a particular group of people;
27.2.7 Not engage in Malicious Activities within the meaning of these Terms of Use;
27.2.8 Not circumvent, damage, or otherwise disturb the normal operation of technical or software applications placed by TABA on TABARECORDSTORE.COM to prevent or limit the use of the content of TABARECORDSTORE.COM;
28. Rights of TABA
28.1 TABA has the right to:
28.1.1 Place electronic links (hyperlinks) to other Internet sites and resources and advertising banners for the sale of goods and services from third parties, including electronic links (hyperlinks) and advertising banners pointing to websites outside TABA's control, including placing such electronic links and advertising banners in the User's Profile;
28.1.2 Send unsolicited commercial messages within the meaning of Article 6 of the Electronic Commerce Act (ECA) to Users who have consented to receive such messages during the registration process or at a later stage, in order to offer information and advertisements regarding its own or other traders' goods and/or services, as well as to make inquiries on various issues, conduct surveys, etc.
28.2 TABA does not have the obligation or objective possibility to control the way in which the User uses the provided Services and is not responsible for the opinions, comments, etc. of the User, as well as for the User's activity in connection with the use of the Services. TABA is not obligated to seek facts and circumstances indicating the commission of unlawful activities by the User when using the Services provided through TABARECORDSTORE.COM.
28.3 TABA is obligated to exercise due care to provide the User with the opportunity for normal use of the Services. Regardless of the above, TABA does not guarantee that the information available on TABARECORDSTORE.COM is complete, accurate, true, and error-free.
28.4 TABA has the right, but not the obligation, at its discretion and without notice to stop, restrict, or change the Services provided to the User, as well as to notify the competent state authorities if, in TABA's discretion, the User's behavior violates provisions of the applicable Bulgarian legislation, these Terms of Use, or the rights and legitimate interests of third parties.
28.5 TABA is not obligated to store or recover information from or about the User that has been deleted by the User, by TABA, or by a third party, regardless of the reasons for the deletion.
28.6 TABA is not obligated to delete the sources of information published on TABARECORDSTORE.COM upon request from the User who uploaded them.
28.7 TABA has the right to immediately and without notice block the access of the Registered User to their User profile in case, in TABA's discretion, the Registered User violates provisions of the applicable Bulgarian legislation, these Terms of Use, or the rights and legitimate interests of TABA or third parties. In these cases, TABA also has the right to terminate the registration of the Registered User and remove from the TABARECORDSTORE.COM website all of their opinions, comments, etc. The contract with the Registered User is considered automatically terminated from the date of termination of their registration.
28.8 TABA has the right to edit or remove, at its discretion, opinions, comments, etc., published on the TABARECORDSTORE.COM website.
28.9 When TABA receives information indicating that the User's behavior in using the Services may constitute a crime or violation, TABA has the right, at its discretion, to notify the competent state authorities, providing them with the necessary assistance and all necessary information and materials in accordance with the applicable procedure, which could help identify the perpetrator and prove the committed crime or violation.
28.10 TABA reserves the right to cease providing specific Services available through the TABARECORDSTORE.COM website, after sending prior notice by publishing a message on the respective Internet pages on TABARECORDSTORE.COM and/or in the User's Profile.
29. Obligations of TABA
29.1 TABA undertakes to:
29.1.1 Transfer ownership of the purchased goods/provide the requested service to the User;
29.1.2 Deliver the purchased goods within the specified timeframe;
29.1.3 Exercise due care in fulfilling its obligations.
V. INTELLECTUAL PROPERTY
30. Intellectual Property
31.1 The intellectual property rights over all elements and resources located on TABARECORDSTORE.COM (including available databases) are protected under Bulgarian law, owned by TABA or by the respective entity that has granted the right of use to TABA, and cannot be used in violation of applicable laws.
31.2 The User's right of access, as well as that of any other visitor to the TABARECORDSTORE.COM website, does not include the right to copy or reproduce information and use objects of intellectual property, except in the case of insignificant volume of information intended for personal use, provided that the legitimate interests of the authors or other holders of intellectual property rights are not unduly prejudiced and if the copying or reproduction is carried out for non-commercial purposes. Regardless of the above, the User, TABARECORDSTORE.COM, do not have the right to remove trademarks and other rights of intellectual property belonging to TABA or third parties from the accessible resources, whether the holder of the respective rights is TABA or a third party.
31.3 In case of copying or reproduction of information beyond the permissible limits as per the previous paragraph, as well as in case of any other infringement of intellectual property rights over TABA's resources, the User shall owe TABA a penalty of 5,000 (five thousand) Bulgarian Leva for each separate infringement. The specified amount of the penalty does not deprive TABA of the right to claim compensation for damages exceeding the amount of the penalty.
VI. LIABILITY. TERMINATION OF AGREEMENT
31. Liability
31.1 TABA endeavors to ensure that the information on TABARECORDSTORE.COM is always accurate and up-to-date, but does not guarantee the accuracy and completeness of the content and does not commit to deadlines for updating the information, unless otherwise specified on the TABARECORDSTORE.COM website (where applicable). TABA makes efforts to provide the User with normal use of the Services, but does not have the obligation and does not guarantee that the Services provided will meet the User's requirements, nor that they will be uninterrupted, timely, or secure. By accepting these Terms of Use, the User declares that the use of the provided Services will be entirely at their own risk and responsibility, and the Parties agree that TABA shall not be liable for any damages incurred by the User in using the Services, unless caused intentionally or through gross negligence by TABA.
31.2 TABA is not responsible for damages caused to the User's software, hardware, or equipment, or for loss of data resulting from materials or resources loaded or used in any way through the Services.
31.3 To the extent that TABA does not have the objective possibility or obligation, and does not control the Internet pages and resources made available through the links (links), advertising banners, and commercial messages from third parties placed on TABARECORDSTORE.COM and in the User's Profile, TABA is not responsible for the illegal nature of the content and materials found on these Internet pages, resources, and messages. TABA is not responsible for damages suffered and missed benefits resulting from the use, access to, or unreliability of these materials and content.
31.4 TABA is not responsible for the non-provision of the Services, as well as for the non-processing or untimely processing of purchase requests in the event of circumstances beyond its control in cases of force majeure, accidental events, problems in the global Internet network, and the provision of services outside the control of TABA, problems arising from the User's equipment, as well as in the event of unauthorized access or intervention by third parties in the functioning of the Information System or TABA Servers.
31.5 TABA does not guarantee that access to the TABARECORDSTORE.COM website will be uninterrupted, timely, secure, and error-free.
31.6 By accepting these Terms of Use, the User declares that they are aware of the possibility of occasional interruptions and other difficulties in establishing an Internet connection to the TABARECORDSTORE.COM website, which may occur regardless of the care provided by TABA. The User declares that they will not claim any compensation from TABA for missed benefits, damages, or inconveniences resulting from the aforementioned interruptions or difficulties in the Internet connection, including with respect to the capacity of this connection.
31.7 The Parties agree that TABA is not liable for the non-provision of the Services or for their provision with impaired quality as a result of tests conducted by TABA to check equipment, connections, networks, and others, as well as tests aimed at improving or optimizing the provided Services. In these cases, TABA informs the User in advance of the possible temporary non-provision or impaired quality of the Services by publishing a notice on TABARECORDSTORE.COM or by other appropriate means.
32. Compensation
32.1 The User undertakes to compensate TABA and all third parties for all damages and missed benefits suffered by them, including paid pecuniary penalties, attorney's fees, litigation expenses, and other costs, as a result of claims brought and/or paid compensations to third parties in connection with the actions/inactions of the User in using the Services in violation of Bulgarian legislation, applicable foreign laws, these Terms of Use, or good morals.
32.2 In addition to the above, the User undertakes to compensate TABA for all damages incurred as a result of the use of the Services by third parties to whom the latter has provided their Password in violation of these Terms of Use.
33. Termination of the Agreement
33.1 In addition to the cases provided for in these Terms of Use, the agreement between the parties shall be terminated upon the occurrence of any of the following circumstances:
33.1.1 cessation of TABA's activities or discontinuation of maintenance of the TABARECORDSTORE.COM website;
33.1.2 mutual agreement of the parties to terminate;
33.1.3 other cases provided for by law.
33.2 In the event of termination of the agreement between the Parties for any reason whatsoever, TABA has the right to immediately suspend the User's access to their Profile, terminate their registration, and remove from TABARECORDSTORE.COM all content posted by the User, while complying with the requirements of applicable law. In the event of termination of the agreement, TABA shall not be liable for any damages incurred by the User or third parties as a result of the suspension of access to their Profile, termination of their registration, removal of their content from TABARECORDSTORE.COM, or as a result of providing information or complying with orders from competent state authorities.
VII. OTHER CONDITIONS
Responsibility
34.1 As the services provided by TABA are diverse and constantly evolving, and in connection with legislative changes, the Terms of Use may be unilaterally amended by TABA.
34.2 When making changes to the Terms of Use, TABA shall inform the User of these changes by publishing them prominently on TABARECORDSTORE.COM or in their User profile and by sending a message about the changes to the User's email address provided in their Profile, containing the text of the changes within a 7-day period from the modification. TABA provides the User with the text of the changes so that the User has the opportunity to download and save the amended Terms of Use in a manner that allows for their reproduction.
34.3 If the User does not agree to the changes in the Terms of Use, the User has the right to terminate the agreement without specifying a reason and without owing compensation or penalties, or to continue to fulfill it under the Terms of Use in effect before the change. In both cases, the agreement is terminated automatically upon TABA receiving notification from the User as per clause 34.4, unless TABA explicitly allows for the continuation of using the Services under the Terms of Use in effect before the change.
34.4 The User exercises their right to reject as per clause 34.3 by sending a written notice to TABA at the postal address: Sofia 1463, 52 Tsar Asen Street, or by email to: INFO@TABARECORDSTORE.COM, within one month from receiving the message as per clause 34.2.
34.5 If within the period specified in clause 34.4, the Registered User does not declare rejection of the changes in the Terms of Use, they are deemed to be bound by them. The changes to the Terms of Use bind the User when they have been notified of them under the conditions of clause 34.2 and have not exercised their right under clause 34.3.
34.6 Changes to the Terms of Use do not affect the relationship between the User and TABA arising from a valid purchase request submitted before the notification under clause 34.4.
35. User Information
35.1 TABA has the right to collect and use information regarding Users. The conditions under which TABA processes and protects this information, including the persons to whom it may disclose it and the procedure for doing so, are regulated in these Terms of Use and in the Privacy Policy.
36. Written Form
36.1 Written form is deemed to be observed when sending messages via email, clicking an electronic button on a content page that is filled in or selected by the User, or checking a box on TABARECORDSTORE.COM, and other similar methods, provided that the statement is recorded technically in a manner that allows for its reproduction. By accepting the Terms of Use, the User agrees to receive the required information under the Consumer Protection Act when concluding distance contracts through the methods listed in this section, which is considered consent to receiving the information on an "other durable medium" within the meaning of Article 48, paragraph 1 of the Additional Provisions of the Consumer Protection Act.
36.2 By accepting these Terms of Use and entering into an agreement between themselves, the Parties express their agreement to consider the electronic statements sent between them as received upon their receipt in the Information System specified by the recipient, without the need for explicit confirmation.
36.3 In case the User has provided an invalid postal address or email address, the statement will be considered received only upon its dispatch by TABA, even if it has not been received.
37. Invalidity
37.1 If any clause of the Terms of Use is found to be invalid, this will not render the contract, other clauses, or its parts invalid. The invalid clause will be replaced by the mandatory provisions of the law or established practice or custom.
38. Applicable Law and Dispute Resolution
38.1 Bulgarian law applies to the Terms of Use, and accordingly, the provisions of the current legislation of the Republic of Bulgaria apply to matters not regulated by them.
38.2 All disputes between the Parties arising from or related to the agreement between the Parties or regarding it shall be resolved in a spirit of understanding and goodwill, through negotiations and mutual concessions. In case of impossibility to reach an agreement, the dispute may be referred to resolution by the competent court under the current Bulgarian legislation in Sofia.
38.3 The User, who is considered a "consumer" within the meaning of Article 13, paragraph 1 of the Additional Provisions of the Consumer Protection Act, is informed that in the event of a dispute with TABA regarding the services provided under these Terms of Use, they may refer it for resolution to an Alternative Dispute Resolution entity (ADR entity) within the meaning of Article 181a, paragraph 2 of the Consumer Protection Act. The ADR entity competent to consider the disputes mentioned is the General Conciliation Commission at the Consumer Protection Commission, located in Sofia, with jurisdiction over the territory of Sofia, Sofia Region, Kyustendil Region, and Pernik Region. The address of the General Conciliation Commission is: Sofia 1000, 4A Slaveikov Square, tel. 02/ 9330 517, website www.kzp.bg, and email address adr.sofia@kzp.bg. The User is also informed that in case of a dispute with TABA regarding the services provided under these Terms of Use, they may file a complaint with the aforementioned ADR entity using the Online Dispute Resolution platform (ODR platform), which is available at the following internet address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=BG. More information about the ADR entity and the procedure by which it considers disputes can be found in the List of recognized bodies for alternative dispute resolution between consumers and traders on the territory of the Republic of Bulgaria (approved by Order No RD-16-88/03.02.2016, supplemented by Order No RD-16-1291/02.12.2016), available at the following internet address: https://www.mi.government.bg/files/useruploads/files/zashtita_na_potrebitelite/spisuk_adr_organi_dec_2016.pdf.
39. Force Majeure
39.1 TABA shall not be liable to the User for non-performance of its obligations under these General Terms in the event of force majeure: unforeseen or unavoidable extraordinary events (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, hostile actions of foreigners, military actions (whether declared war or not), civil war, riot, revolution, rebellion, military or usurping power or confiscation, terrorist actions, nationalization, blockade, embargo, strike, lockout, etc. When TABA invokes force majeure, TABA will notify the User of the service of the nature of force majeure and the possible consequences thereof for the performance of TABA's obligations under these General Terms.
39.2 If the force majeure event continues for more than 30 days, each party has the right to notify the other party that it terminates its contractual relationship without owing compensation to the other party for any eventual damages suffered.
These Terms of Use were adopted by decision of the manager of "TABA" EOOD on April 1, 2019, and are effective from April 2, 2019.
Please familiarize yourself with this Policy, which is an integral part of the General Terms of Use of the services available through the TABARECORDSTORE.COM website ("Terms"). If you do not agree with the terms therein, please discontinue using the Website.
Privacy Policy
1. General Provisions
In connection with providing its Services through the TABARECORDSTORE.COM website ("Website"), "TABA" EOOD ("TABA") processes data regarding Users, as well as other natural persons identified below ("Data Subjects"; "You"), in accordance with this Privacy Policy ("Policy"). Personal data means any information relating to Data Subjects through which they can be identified. This Policy describes the rules and principles that TABA follows when collecting and processing personal data of Data Subjects, as well as other information through which TABA cannot identify the Data Subjects. All terms used in this Policy have the meanings defined in the Terms, unless explicitly provided otherwise.
In collecting and processing personal data, TABA complies with all applicable regulatory acts relating to the protection of personal data, including, but not limited to, Regulation (EU) 2016/679 ("Regulation").
2. Persons for whom TABA processes data
TABA has the right to collect and process information regarding the following Data Subjects:
1. Users of the Services provided through the Website;
2. natural persons who have sent inquiries, requests, signals, complaints or other correspondence to TABA, as well as their representatives;
3. natural persons whose information may be contained in such calls, inquiries, requests, signals, complaints, or other correspondence sent to TABA by third parties.
3. What Data does TABA Process
3.1. Information Provided by Data Subjects to TABA
The use of the Services provided through the Website is voluntary. In the forms through which personal data is provided, TABA clearly indicates the mandatory or voluntary nature of providing the data and the consequences of refusal to provide it. The data required by TABA are those without which the respective Service cannot be provided.
Registration/Creation of a User Profile
To use certain Services, Data Subjects must create their own User profile by registering on the Website and providing personal data such as name, surname, phone number, email address, address, and password. In addition to this data, when registering a User profile, TABA automatically collects information necessary for identifying the User and reproducing their electronic statement upon registration and acceptance of the Terms, this Policy, and the Conditions for Refusal and Complaints under a contract concluded through the TABARECORDSTORE.COM website, such as logs of the time and IP address from which the registration was made.
TABA does not collect special categories (sensitive) of data or data on convictions and offenses
The Services of the Website and the functionalities provided on the Website are not intended for the collection, storage, and processing of special categories of data within the meaning of Article 9 and data on convictions and offenses under Article 10 of the Regulation. TABA recommends that you refrain from including in the opinions, comments, and other similar content you post on the Website, data revealing your or third parties' racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, sexual life, or sexual orientation, or data related to convictions or offenses.
Using the Services does not require you to provide TABA with essential data from identity documents such as passport number/ID card, validity periods, copies of such documents, etc.
TABA is not obliged to and does not monitor the presence of the data mentioned here on the Website. Providing such information is entirely at the risk and responsibility of the providing party.
Correspondence, complaints, and signals
In order to resolve submitted complaints, signals, disputes, inquiries, requests, or other matters sent in communication to TABA through electronic forms on the Website, by calling TABA's telephone hotline, or by sending regular or electronic mail, We store and process this information, as well as the result of such processing.
Other data
TABA may also process other data relating to Data Subjects in cases where Data Subjects voluntarily provide such data by filling in respective electronic forms on the Website, including surveys and questionnaires for the purposes for which the respective electronic forms or surveys and questionnaires are created.
3.2. Data Related to the Use of Services
The Website automatically records visit data in the form of logs and cookies. Data regarding user sessions – IP addresses, duration of the visit, data filled in registration and order forms for the purpose of remembering them in the user's session, are recorded. The purpose of recording this data is to enhance the usability of the site for customers, ensure security, and gather statistics for marketing purposes.
Purchase of Goods/Services through the Website
Part of the Services on the Website are related to the ability to make purchases of goods/services through the Website. In order to use functionalities of the Website such as the electronic "Store," Data Subjects provide their name; surname; email address; phone number; delivery address; postal code; promotional discount code (if applicable); voucher number (if applicable); choose a payment method, and at their discretion, may provide other information related to the Data Subjects – e.g., if voluntarily indicated as a comment to the purchase.
Providing personal identification number (EGN/BULSTAT/VAT number) may be necessary solely for the purpose of issuing a valid invoice to an individual or sole trader (ET) when purchasing goods or services.
For processing the purchase and payment, TABA processes information regarding the due price, payment method, and payment amount (bank account number (IBAN), etc.).
Logs, Automatic Data Collection
TABA collects and stores log files (date, time, and source – IP addresses) in cases where it is required by law, as well as information necessary for reproducing electronic statements made by Data Subjects and for their identification in case of a legal dispute.
In addition, the Website uses technology that records and stores for a limited period of time automatic information about its usage, specifically which pages of the Website visitors (registered or unregistered) view, their IP addresses, and which web browsers visitors to the Website use. The Website also contains links (hyperlinks) to other pages on the Website. TABA may use technology to track how often these links are used and which pages of the Website visitors choose to view.
Cookies and Similar Technologies
TABA may use cookies and other similar technologies on the Website and in providing the Services to process information collected through such technologies.
TABA has the right (but not the obligation) to install cookies – small text files saved by a webpage through an Internet server onto the hard drive of the Data Subject's computer or other end device and enable the recovery of information about the Data Subject, identifying the device and/or browser used by the Data Subject. By accepting this Policy, the Data Subject agrees to the installation of such cookies.
In providing the Services, TABA stores information and gains access to such information stored on the Data Subject's end device and accordingly processes it for the following purposes:
1. Ensuring normal and quality access of the Data Subject to the Services available through the Website, with all their functional capabilities;
2. Tracking and preventing malicious activities.
The Data Subject has the right to:
- at any time refuse the storage and/or access to the information stored on their end device. The prohibition and/or deletion of cookies by the Data Subject may lead to complete or partial inability of the Data Subject to access the Website and/or the Services available through it, to change or remove previously set settings during previous visits to the Website, and/or to a significant deterioration in the quality of the Services, for which TABA is not responsible;
- at any time receive information regarding the data stored by TABA on their end device by sending a corresponding inquiry to TABA at the following email address: INFO@TABARECORDSTORE.COM
TABA uses two types of cookies – "temporary" (which are deleted from the memory of the Data Subject's end device after the latter closes their Internet browser) and "persistent" (which remain on the Data Subject's end device until the latter deletes them). Persistent cookies can be removed by the Data Subject according to the instructions of the Internet browser used by the Data Subject.
4.2. Retention Periods of Personal Data
Personal data is stored by TABA for the period necessary to achieve the purposes for which it was collected, unless otherwise provided or permitted by law to be stored for a longer period.
The retention periods of personal data may vary depending on the specific purpose of the processing and legal requirements. Typically, TABA retains personal data for the period necessary to perform the contract between the data subject and TABA and to fulfill its legal obligations. After this period, TABA may retain personal data based on its legitimate interests or the consent of the data subject.
Upon termination of contractual relationships between the data subject and TABA, personal data may be retained for the period necessary to fulfill TABA's legal obligations, protect its rights, or pursue its legitimate interests, taking into account the legal deadlines for making claims and requesting accounts.
Upon expiration of the retention period for personal data, TABA deletes or anonymizes the information so that it can no longer identify the specific data subject, unless it is necessary and legally permissible to retain this information for the purpose of providing evidence in claims representing subjective rights of TABA or third parties.
4. PURPOSES OF PROCESSING PERSONAL DATA. RETENTION PERIODS OF PERSONAL DATA
4.1. Purposes and Legal Basis for Processing
TABA collects, uses, and processes the information described above for the purposes outlined in this Policy and in the Terms, which may include:
- Purposes necessary for the conclusion and performance of the contract between TABA and the data subject for the provision of Services through the Website;
- Purposes necessary for the legitimate interests of TABA or third parties;
- Purposes for which the data subjects have given their explicit consent for the processing of their data;
- Purposes necessary for the performance of legal obligations of TABA.
The purposes necessary for the steps to conclude and execute the contract between the data subject and TABA include the necessary processing of data when registering and creating a User profile and activities related to the provision of Services available through the Website. In addition, these purposes include:
- conducting necessary communication with the data subject, including by email, necessary in connection with the provision of Services or notifying the data subject of changes in the Services provided;
- processing and collecting payments due from the User for purchased goods/services.
The purposes of the legitimate interests of TABA or third parties (other users of the Website (registered and unregistered users of the Website), employees of TABA and its subcontractors or service providers) for which it may be necessary to process the personal data of the data subjects include:
- Ensuring the normal functioning and use of the Website by the data subjects and other Users, including for the purposes of maintaining and administering the Website and the Services, preventing cyber-attacks and other malicious activities – for these purposes, TABA processes all the categories of data specified above;
- Carrying out necessary communication with the data subjects, including electronically, in connection with notifying them of changes in the Terms, in the Terms of Refusal and Complaints, in this Policy, and other important changes related to the Services or the operation of the Website;
- Activities related to conducting checks in connection with complaints, reports, requests, etc.;
- Exercising and protecting the rights and legitimate interests of TABA, including through legal means, and providing assistance in exercising and protecting the rights and legitimate interests of other visitors to the Website – for these purposes, TABA processes all the categories of data specified above;
- Administration and management of the Services provided through the Website TABARECORDSTORE.COM and servicing the User;
- Management and control of the quality of the Services provided by TABA.
The purposes related to compliance with the legal obligations of TABA include:
- Performance of legal obligations to preserve or provide information upon receipt of an appropriate order from competent state or judicial authorities, providing an opportunity to exercise the control powers of competent state authorities;
- when fulfilling TABA's legal obligations to notify you of various circumstances related to your rights, the Services provided, the protection of your data, etc.
- Acceptance and servicing of refusals of contracts for the sale of goods or for the provision of Services (if applicable), complaints, and commercial warranties, for the performance of TABA's obligations;
- Activities related to accounting and reporting of received payments, in accordance with the applicable legislation (tax and accounting legislation, etc.).
With the explicit consent of the data subjects, their data may be processed for the specific purposes for which consent has been given:
- Activities for the purposes of direct marketing such as conducting surveys, polls, marketing research, etc. – for such purposes, TABA processes only the data explicitly provided by the data subjects or agreed to be processed under the specific consent given by them, as well as the data provided within the framework of the specific survey, inquiry, etc.;
- Other purposes for which they have given their explicit consent – to the extent and scope provided for in the respective consent.
4.2. Retention Periods of Information
Personal data provided to or collected by TABA may be stored in a form that allows the identification of the data subjects for a period no longer than necessary for the purposes for which the personal data are processed.
Regardless of the aforementioned deadlines, it is possible:
1. That a specific legal dispute or proceeding arises, necessitating the retention of data beyond the specified deadlines.
2. Mandatory instructions from a competent state authority for the retention of certain data/content.
In these cases, the data of the data subjects will be stored in accordance with the instructions of the competent authority or until the final resolution of the dispute or proceeding before all instances.
5. SHARING OF INFORMATION BY TABA
The personal data of data subjects may be provided to persons other than TABA only in cases provided for in the Terms and Conditions, the Refund and Complaint Policy, this Policy, or the law.
Data Processors on Behalf of TABA
Personal data of data subjects and other information about them may be disclosed to and processed by third parties to whom TABA has delegated the performance of certain services related to the Website. This data will be disclosed only to the extent necessary for the performance of the delegated work. These third parties will act as data processors on behalf of TABA and will be required to process the data strictly in accordance with TABA's instructions and only for the purposes set forth in the Terms and Conditions, Refund and Complaint Policy, and this Policy.
Third Parties
For the purpose of administering TABA's activities, servicing data subjects, information about data subjects may also be provided to TABA's partners. When processing information for statistical and marketing purposes, conducting tests and trials on the operation of the Website, making payments, and using other services related to the Website, personal data and other information about data subjects may also be disclosed to and processed by third parties to whom TABA has delegated the performance of certain services related to the Website. Such entities may include payment service providers, companies providing transportation or courier services, as well as other entities involved in processing and servicing payments, making deliveries, and other similar activities related to the services provided through the Website.
By accepting this Policy, the data subject declares that they are informed and consent to information about them, or information provided by them regarding other data subjects (e.g., individuals for whom they are legal representatives - minors and juveniles), to be provided by TABA to such other data controllers, particularly to TABA's commercial partners in the above paragraph, and accordingly to be processed by them for the purposes set forth in this Policy.
In addition to the above, TABA may disclose your personal data to third parties when required by law, including if requested by TABA in due manner by a competent state or judicial authority, when TABA has obtained explicit consent from the data subject for this, and when necessary to protect the rights and legitimate interests of TABA or other users of the Website (e.g., lawyers, notaries, etc.).
6. PERSONAL DATA RIGHTS
In connection with the processing of personal data relating to the Data Subjects, they have all the rights under the Personal Data Protection Act and the Regulation, including, but not limited to:
6.1. Right to receive information about the processing of their personal data by TABA. The purpose of this Policy is to inform the Data Subjects in full about all activities related to the processing of their personal data.
6.2. Right of access:
- to receive confirmation whether TABA processes personal data concerning them;
- to access the processed personal data and detailed information regarding the processing and their rights. The right of access may be exercised through a written request to TABA or in real time through the functionalities of the Website via the User profile on it (after the registration of the Data Subject on the Website), except in case of technical malfunction.
6.3. Right to rectification – to request the correction or completion of their personal data if it is inaccurate or incomplete. Data subjects may correct any information they have entered into their User profile at any time through the functionalities within the profile.
6.4. Right to erasure – to request the erasure of their personal data if there are grounds for it as provided for in the applicable data protection legislation.
6.5. Right to restriction of processing of personal data – to request from TABA restriction of the processing of their personal data within the limits provided for in the applicable data protection legislation, if there are grounds for it.
6.6. Notification to third parties – the right to request from TABA to notify third parties to whom their personal data has been disclosed by TABA of any rectification, erasure, or restriction of processing of their personal data, unless this is impossible or requires disproportionate effort from TABA.
6.7. Right to data portability – to receive the personal data concerning them and which they have provided to TABA in a structured, commonly used, and machine-readable format, and to transmit this data to another controller without hindrance from TABA.
The right to data portability applies when the following two conditions are met simultaneously:
- processing is based on consent or on a contract; and
- processing is carried out by automated means.
If technically feasible, data subjects have the right to obtain the direct transfer of personal data from TABA to another controller. The right to data portability can only be exercised in a manner that does not adversely affect the rights and freedoms of others.
6.8. Right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning data subjects or similarly significantly affects them, unless there are grounds for this provided in the applicable data protection legislation and suitable safeguards are in place to protect their rights, freedoms, and legitimate interests. For each specific case of automated processing, data subjects have the right and will receive substantial information from TABA about the logic used, the significance, and the envisaged consequences of such processing for them, as well as on how to exercise their rights in this regard.
6.9. Right to withdraw consent – when the processing of personal data is based solely on consent given by the data subject, the data subject may withdraw their consent at any time. Such withdrawal shall not affect the lawfulness of processing based on consent before its withdrawal.
6.10. Right to object – Data subjects have the right at any time and on grounds relating to their particular situation to object to the processing of personal data concerning them, including profiling to the extent applicable data protection legislation allows, based on public interest, exercise of official authority, or legitimate interests pursued by TABA or a third party. In such cases, TABA ceases processing the personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subjects, or for the establishment, exercise, or defense of legal claims.
6.11. Right to lodge a complaint with a supervisory authority – Data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work, or place of the alleged infringement, if they consider that the processing of personal data concerning them breaches the applicable data protection legislation. The supervisory authority in the Republic of Bulgaria is the Commission for Personal Data Protection, with address: Sofia 1592, Prof. Tsvetan Lazarov Blvd. No. 2.
7. ACCURACY
TABA is not responsible for the accuracy of the information provided by the data subjects, does not conduct any checks in this regard, and does not guarantee the actual identity of the individuals who have provided the data. In all cases of doubt on the part of the data subjects, upon discovering fraud and/or abuse, TABA requests to be notified immediately. Data subjects are obligated to ensure that when providing any information on the Website, they do not infringe upon the rights of other individuals regarding the protection of their personal data or any other rights.
8. EXERCISING RIGHTS. CONTACT DETAILS OF TABA
The registered office and management address of TABA are: Sofia 1632, Ovcha Kupel-1, Block 505, Entrance A, Floor 8, Apartment 31, EIK 202047367, Phone: +359 888 088 178, Email address: INFO@FOODIESBG.COM, VAT number: BG205451240.
The correspondence address and the address where TABA conducts its economic activity within the meaning of Article 47, paragraph 1, item 4 of the Commerce Act, is Sofia 1463, Tsar Asen Str. No. 52.
Data subjects may exercise their rights under points 6.1-6.10 of this Policy by sending a written request to TABA at the correspondence address of TABA as indicated above.
Data subjects may exercise rights related to their personal data either personally or through an expressly authorized person (with a notarized power of attorney).
This Policy is drafted by "TABA" Ltd. in order to fulfill its obligations to provide information to data subjects under Articles 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
The Policy is approved by the Manager of "TABA" Ltd. and is effective from 18.04.2019.
TERMS AND CONDITIONS FOR CANCELLATION AND COMPLAINTS REGARDING CONTRACTS MADE THROUGH THE WEBSITE TABARECORDSTORE.COM
("Cancellation and Complaints Policy")
Art. 1. (1) These Terms and Conditions for cancellation and complaints regarding contracts made through the website TABARECORDSTORE.COM apply to the relationship between "TABA" Ltd., EIK 205451240 (TABA), and users who place orders for goods/services through TABARECORDSTORE.COM, and who qualify as "consumers" within the meaning of the Consumer Protection Act (CPA), (hereinafter referred to as "the Consumer"), in relation to the services provided.
(2) "Consumer" within the meaning of the CPA is any natural person who acquires goods or uses services that are not intended for commercial or professional purposes, and any natural person who, as a party to a contract under the CPA, acts outside the scope of their commercial or professional activity.
Right of Withdrawal
Art. 2. (1) The Consumer has the right, without owing compensation or penalty and without specifying a reason, to withdraw from the concluded individual contract in connection with a specific order, and TABA must be notified of such withdrawal in writing:
Within a 14-day period, starting from the date of receipt of the goods by the Consumer or by a third party, other than the carrier/courier and indicated by the Consumer, or:
a) When the Consumer has ordered multiple goods in one order that are delivered separately, starting from the date on which the Consumer or a third party, other than the carrier and indicated by the Consumer, accepts the last item.
b) In the case of delivery of goods consisting of multiple batches or parts, starting from the date on which the Consumer or a third party, other than the carrier and indicated by the Consumer, accepts the last batch or part.
c) In the case of contracts for regular delivery of goods over a specified period, starting from the date on which the Consumer or a third party, other than the carrier and indicated by the Consumer, accepts the first item.
In cases of concluding a contract for the provision of services - within a 14-day period from receiving confirmation of the validity of the request for the provision of the respective service under Art. 17.2. of the Terms of Use. The parties agree that the individual contract for the provision of the respective services is considered concluded from the date of this confirmation.
(2) To exercise their right of withdrawal, the Consumer uses the form for exercising the right of withdrawal from the contract (Annex 1 to these Terms and Conditions for Cancellation and Complaints, an integral part thereof), which is available at: https://TABARECORDSTORE.COM/terms-and-conditions, or notifies TABA of their name, address, telephone number, and email address and their decision to withdraw from the contract with an unequivocal statement in the manner specified in Art. 3 of these Terms and Conditions for Cancellation and Complaints.
Art. 3. The statement of withdrawal under Art. 2, para. 3 and 5 must be sent to TABA by email to the address: INFO@TABARECORDSTORE.COM.
Art. 4. When exercising the right under Art. 2, the Consumer is obliged to keep the goods received from TABA, to ensure their preservation, and to ensure their safety until they are returned to TABA. The Consumer is obliged to return or send the goods to TABA without undue delay and in any case no later than 14 (fourteen) calendar days from the day on which they informed TABA of their withdrawal. The cost of returning the goods is borne by the Consumer.
Art. 5. When exercising the right under Art. 2, TABA refunds all payments received from the Consumer, including delivery costs (with the exception of additional costs associated with the Consumer's chosen method of delivery other than the cheapest standard delivery method offered by TABA), without undue delay and in any case no later than 14 (fourteen) days from the date of receipt of the withdrawal. TABA may withhold reimbursement until it receives the goods or until the Consumer provides proof that they have sent the goods back, depending on which event occurs first.
Art. 6. TABA makes refunds using the same payment method used by the Consumer in the initial transaction.
Art. 7. The Consumer is responsible for the diminished value of the goods caused by their testing, which goes beyond what is necessary to establish their nature, characteristics, and proper functioning.
Art. 8. The Consumer does not have the right of withdrawal regarding goods that, due to their nature, may deteriorate or have a short shelf life, as well as for sealed goods that are unsealed after receipt and cannot be returned due to reasons related to hygiene or health protection.
Right to Claim
Art. 9. The Consumer has the right to claim for any non-compliance of the goods or services delivered by TABA with the agreed upon, when such non-compliance is discovered after delivery or upon initial inspection, or during storage, installation, testing, or use, as per the concluded individual sales contract.
Art. 10. The Consumer's right to claim exists regardless of whether TABA has provided a commercial warranty for the same goods or services.
Art. 11. When presenting a claim for goods, the Consumer may claim reimbursement of the purchase price, replacement of the goods with others corresponding to the agreed upon, a price reduction, or free repair under the conditions and procedure of Art. 112-114 of the Consumer Protection Act (where applicable).
Art. 12. The Consumer may submit a claim orally or in writing to TABA.
Art. 13. When submitting a claim, the Consumer must specify the subject of the claim, their preferred method of satisfaction, the amount of the claimed sum, and a contact address, and must attach/present the documents on which their claim is based - a receipt and/or invoice; protocols, acts, or other documents establishing the non-compliance of the goods or services with the agreed upon; and other documents establishing the claim on the grounds and amount.
Art. 14. A claim for consumer goods may be made by the Consumer up to 2 (two) years from the delivery of the goods, but no later than 2 (two) months from the establishment of the non-compliance. A claim for services may be made up to 14 (fourteen) days from the discovery of the non-compliance of the service with the agreed upon.
Art. 15. The period under Art. 14 stops running during the time necessary for the repair of the consumer goods or for reaching an agreement between TABA and the Consumer to resolve the dispute.
Art. 16. If TABA has provided a commercial warranty for the respective goods or services, the term of which is longer than the periods for submitting a claim under Art. 14, the claim may be made until the expiration of the term of the commercial warranty.
Art. 17. Acceptance of claims is carried out during TABA's working hours at its store located at Sofia 1463, ul. "Tsar Asen" No. 52.
These Conditions for withdrawal and claim were approved by the manager of "TABA" EOOD and are in force from 01.04.2019.
These Conditions for withdrawal and claim are an integral part of the GENERAL TERMS OF USE OF THE SERVICES AVAILABLE THROUGH THE WEBSITE TABARECORDSTORE.COM, available at https://TABARECORDSTORE.COM/terms-and-conditions.
APPENDIX 1
STANDARD FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
(fill in and submit this form only if you wish to withdraw from the contract)
(Appendix No. 6 to Art. 47, para. 1, item 8 and Art. 52, para. 2 and 4 of the Consumer Protection Act)
**- To "TABA" EOOD, address: Sofia 1632, Ovcha Kupel-1, bl. 505, entrance A, floor 8, apartment 31, registered in the Commercial Register at the Registry Agency with EIK 205451240, tel .: +359 888 088 178, email address INFO@TABARECORDSTORE.COM, correspondence address Sofia 1463, Tsar Asen Str. № 52.:
I/we hereby notify that I/we* withdraw from the contract concluded by me/us* for the purchase of the following goods*/for 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 if this form is on paper): _______________
Date ___________________________
*Delete as appropriate.
Note: Please fill in and submit this form only if you wish to withdraw from the contract.