Terms of Service

Payments on orders from users are refunded with the same means of payment used by the user in the initial transaction, unless the user has expressly agreed to use another means of payment and without incurring costs for the user.

Withholding of amounts

Art. 35 TOM Thermochromic has the right to deduct from the value under Art. 34, para. 1 before its restoration, respectively:

(1) amount for the reduced value of the product, including its packaging, if after the return is found to be a waste and or damage of the product or the packaging, which are not due to its ordinary testing;

(2) the amount for the part of the service performed until the moment of refusal, if the consumer has stated that he wishes the performance of the service to start immediately; if the customer is a trader or a professional this clause applies without the need for explicit consent to start the service and only if TOM Thermochromic gives him the opportunity to refuse;

(3) the proportionate amount of what was actually provided to the consumer up to the time he notified TOM Thermochromic of the refusal if the consumer had stated that he wished to start the service immediately; if the customer is a trader or a professional this clause applies without the need for explicit consent to start the service and only if TOM Thermochromic gives him the opportunity to refuse;

(4) the cost of returning the goods back to TOM Thermochromic;

(5) the costs for the initial shipment of the goods, when the shipment at the consumer’s request is made to an address and not to an office of the courier company; if the customer is a professional, he always owes payment for the initial shipment of the product, in case TOM Thermochromic gives him the opportunity to refuse;

Art. 36 In cases where the service has started within 14 days of the order with the prior consent of the user and received from the last transfer (deposit) and subsequent exercise of his right of withdrawal, TOM Thermochromic has the right to deduct from the deposit amount , equivalent to what has been done so far. In the absence of a deposit, TOM Thermochromic retains the ability to claim payment from the user. If the customer is a trader or a professional, this clause applies without the need for prior consent and only if TOM Thermochromic gives him the option to refuse;

Extract from the Consumer Protection Act

Art. 37 An excerpt from the regulation of the right of withdrawal can be found HERE.

Other cases of refusal (cancellation)

Art. 38 (1) Each of the parties has the right to refuse to fulfill (cancel) the order or its obligations under it, for which it should notify the other party in an appropriate manner.

(2) If the cancellation of an order is before the confirmation of the possibility for execution in the sense of art. 14, para. 2, TOM Thermochromic / the user is not responsible and does not owe compensation and penalties to the other party.

(3) TOM Thermochromic may unilaterally cancel an order if the customer has requested a product or service from the Site, noting that the order is intended for a third party (eg a gift), whose data he has provided for the purpose of delivery. Cancellation in this case can be done in case TOM Thermochromic suspects that the shipment has a threatening, reprehensible, mocking or other purpose contrary to good morals and ethics.

Art. 39 Cancellation of an order does not entail any liability or subsequent obligation of either party to the other in relation to it and accordingly neither of them has the right to seek compensation from the other for its cancellation in the following cases:

(1) non-acceptance by the issuing bank of the client of the transaction for online payment;

(2) the execution of the money transaction, which does not lead to the receipt of funds on the seller’s account for online payments;

(3) non-fulfillment or cancellation of an order by the seller before there is a confirmation for the same within the meaning of Art. 14, para. 2 of these General Terms and Conditions;

Art. 40. In the cases under art. 39 The order is canceled automatically.

X.WARRANTY. RIGHT TO COMPLAINT

Non-compliance of the goods with the contract. Legal guarantee

Art. 41 (1) TOM Thermochromic offers all consumer goods on the Site with a legal guarantee for compliance of the goods with the contract in accordance with applicable law. A product complies with the contract when it has the usual quality, functionality and purpose for this type of product.

(2) Any non-conformity of the goods with the contract of sale which occurs within 6 months after the delivery of the goods shall be deemed to have existed at the time of delivery, unless the seller proves that the non-conformity is due to other reasons Thermochromic does not respond. For discrepancies that occur after the 6-month period, the user must prove that the cause of the defect is the responsibility of TOM Thermochromic.

Deadline for filing a complaint

Art. 42 The complaint of a good / service may be filed by the order of art. 44 by the consumer within the following terms:

(1) within 24 months from the delivery of the goods, but not later than two months from establishing the non-conformity with the agreed, unless the non-conformity is obvious, in which the terms specified in para. 2 of this provision;

(2) within 72 hours of acceptance of the goods, where the non-conformity is external, visible and obvious and could have been established at a particular inspection during or immediately after delivery;

(3) within 24 months from the delivery of the service, but not later than 14 days from the establishment of the non-compliance with the agreed;

(4) The time limit shall run during the time necessary to reach an agreement between TOM Thermochromic and the consumer to resolve the dispute.

(5) The warranty period shall start from the date of receipt of the goods.

Art. 43 There is no non-compliance of the goods with the contract of sale in the following cases:

(1) the deviation / non-compliance is not significant;

(2) the consumer had special requirements for the product which he did not specify in writing to TOM Thermochromic before the order and the product did not meet these expectations of the consumer;

(3) the non-conformity is due to the nature of the goods and their normal wear and tear over time;

(4) non-compliance is caused by improper operation / installation / storage / use of the product;

(5) the consumer at the conclusion of the contract (order) knew or could not not know about the discrepancy – for example at the time of the order the consumer is informed by us that the product has certain discrepancies with the usual (eg product of category on the site revalued goods, defective goods, unpacked goods, when the Site clearly states that the goods are reduced due to a defect or a specific circumstance);

(6) the non-conformity is visible and obvious and concerns the appearance of the goods (eg scratches, tears on the packaging or part of the contents of the product) and could be found in a simple inspection of the goods upon receipt (delivery) and yet the consumer has not signed a protocol for damages to the courier and or has not notified TOM Thermochromic within the time limits under Art. 26, para. 1 of these General Terms and Conditions;

(7) the non-conformity has occurred after the expiry date indicated on the packaging of the goods;

Complaint

Art. 44 (1) The consumer has the right within the terms, specified in art. 42, to file a complaint with TOM Thermochromic for any non-conformity of the goods with the agreed / ordered /, when after delivery, non-conformities of the goods with the sales contract are found, regardless of whether the manufacturer, importer or seller has provided a commercial guarantee.

(2) The bringing of the goods in compliance with the contract of sale by TOM Thermochromics is free of charge for the consumer. The customer-consumer does not owe costs for shipping the goods or for materials and labor related to its repair, and does not suffer significant inconveniences. The professional customer owes the costs of shipping the goods if he delivers it by courier and only if TOM Thermochromic has provided him with a guarantee of conformity of the goods.

(3) When filing a complaint, the consumer shall indicate the subject of the complaint, his preferred way of satisfying the complaint, preferred way of contact;

(4) The filing of a claim shall not be an obstacle for filing a claim.

(5) When submitting a complaint, the consumer must also enclose the documents on which the claim is based, namely: i) receipt or invoice; (ii) protocols, acts or other documents establishing the non-conformity of the goods or services with the agreed – if any; (iii) other documents establishing the claim on the grounds and amount.

(6) The complaint shall be submitted to TOM Thermochromic in one of the following ways at the choice of the user:

▪ by calling the contact numbers of TOM Thermochromic;

▪ on the spot at the address: Razlog, 5 Tsar Samuil Str.

▪ by e-mail to the e-mail address of TOM Thermochromic in free text;

▪ by letter with acknowledgment of receipt to the address of TOM Thermochromic in free text;

▪ by filling in and sending to TOM Thermochromic a Standard Complaint Form as follows:

To Mutiv BG OOD, with registered office and address of management: Razlog, 5 Tsar Samuil Str., E-mail: info@tom-bg.com

Address for return of the goods:

Razlog, 5 Tsar Samuil Str

STANDARD FORM FOR EXERCISING THE RIGHT TO COMPLAINT

I hereby inform you that I have found a discrepancy between the product (s) / service (s) and the agreement.

Article: ……………………………………… / type of product / article number /

Size: ……………………………………………………. / If is applicable /

The goods were ordered on ……………………… .. / the date of the order is indicated /

The goods were received on ………………………. / indicate the date of delivery /

The goods are ordered from ……………………… / three names of the user /

city ​​/ with …………………………………………… / address of user /

E-mail and contact phone: ……………………… ..

Has the product been used? – Yes / No ……………… / enclose the correct one /

Is the product installed? – Yes / No / / enclose the correct /

Subject of the complaint:

…………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………

Preferred way of satisfaction for goods

/ enclose the choice /

1. I prefer free repairs under Art. 113 and Art. 114 of the Consumer Protection Act.

2. I want to replace the product with another. I ordered the wrong product.

3. The goods are damaged during transport. I enclose a Damage Protocol.

4. I want a discount on the price of the product / service.

5. I want a voucher to use for a new order (2 years).

6. I want to perform the service in accordance with the contract

7. I wish to be reimbursed the amount paid for the product / service as follows: ……………………………………………………………………………………… ………………… ..

specify the method of refund, and if a refund is requested by bank transfer, please specify a bank account

I enclose the following documents:

1. Receipt or invoice;

2. Protocols, acts or other documents establishing the non-conformity of the goods or services with the agreed;

3. Other documents establishing the claim on the grounds and amount.

(check the desired option)

4. Warranty certificate

……………………………. ……………………………. /. / Date /

……………………………………………………………… ../ Signature of the user /

Sign only if you submit this paper form.

Art. 45 (1) In cases where the complaint is filed outside the site of TOM Thermochromic, the consumer should provide the goods to the seller at: Razlog, Tsar Samuil Str.) 5.

(2) Delivery, if a courier is used , is at the expense of TOM Thermochromic, in case the claim is accepted by TOM Thermochromic as justified.

Art. 46 If TOM Thermochromic has provided a commercial guarantee for the goods, supplementing the legal guarantee under Art. 42, and the term of the commercial guarantee is longer than the terms for filing the claim, the claim may be filed until the expiration of the term of the commercial guarantee.

Registration of the claim. Alignment

Art. 47 (1) TOM Thermochromic in case of a complaint shall enter the same in the Register of Complaints, providing the user with the number and date of the complaint, as well as information on which employee has accepted it.

(2) Within 30 days from the filing of the complaint, TOM Thermochromic shall decide whether it is justified or not.

(3) The consumer shall immediately notify TOM Thermochromic, in case he / she is not provided with a document containing the data under para. 1.

Art. 48 In case of justified complaints, TOM Thermochromic shall bring the goods in compliance with the contract of sale within the term under 47, para. 2. The goods are brought in accordance with the contract free of charge in one of the following ways at the discretion of the Seller according to the nature of the non-conformity:

(1) repair of the goods (if possible and applicable) – all repairs of products purchased from the Site in services authorized by the seller;

(2) replacement of the goods with a new one of the same type;

Art. 49 (1) If any of the actions, specified in art. 48, para. 1 and para. 2, proves impossible or inappropriate due to reasons such as impossibility of repair due to excessive repair costs exceeding the value of the goods, due to a significant irreparable defect or due to the nature of the goods, impossibility of replacement due to missing product availability, TOM Thermochromic returns the value paid by the user for the goods and for their delivery.

(2) Return of the price for the goods and their delivery TOM Thermochromic shall also owe in the following cases:

▪ three times already repaired goods have been repaired and within the term under art. 42, para. 1, the goods again show non-conformity;

▪ when he has not ruled on the claim within the term under Art. 47, para. 2 of these General Terms and Conditions;

Art. 50 (1) If the goods have not been unreasonably repaired or replaced by TOM Thermochromic within the term under Art. 47, para. 2, the consumer has the right to cancel the contract and to be reimbursed the amount paid or to request a reduction in the price of the goods.

(2) The consumer may not claim for cancellation of the contract if the non-conformity of the goods with the contract is insignificant.

(3) The consumer has the right under para. 1 and when he is not satisfied with the resolution of the complaint by TOM Thermochromic. The latter is obliged to satisfy the consumer’s request, when after he has satisfied three complaints of the consumer by repairing the same product, within the term under Art. 42, para. 1, there is another occurrence of non-compliance of the goods with the contract of sale.

(4) The consumer may not claim a refund or reduction of the price of the goods when TOM Thermochromic agrees to replace the product with a new one or to repair the product within one month of filing a complaint by the consumer.

(5) In each case of a satisfied complaint, TOM Thermochromic shall issue to the consumer a copy of the act for satisfied complaint, from which the action performed on the complaint shall be visible.

Unfounded claim

Art. 51. The complaint is unfounded and will not be respected when:

(1) it is filed after the expiration of the terms under art. 42;

(2) any of the conditions in Art. 43;

(3) for the manufacture of the product materials of the client have been used, which due to their quality have led to non-conformity of the finished product received from the materials;

(4) the consumer has not provided the documents under Art. 44, para. 5 and or has not returned the product, respectively has returned it without the accessories and components attached to it;

(5) repairs have been carried out or an attempt has been made to carry out repairs and rectify non-conformities by a person or service center not authorized by TOM Thermochromic;

(6) a modification or change of the technical characteristics has been made and this has happened without the knowledge and consent of TOM Thermochromic and outside its authorized service and or in violation of these General Terms and Conditions;

(7) there is damage caused by the user and or a third party for which TOM Thermochromic is not responsible, as in cases where the defect is caused by other modules and devices used in conjunction with the warranty product;

(8) the physical integrity of the product and / or warranty labels, seals and factory labels aimed at preventing unauthorized interference has been compromised;

(9) in case of chemical, electrical and / or other effects not related to the normal operation of the product, as well as when the defect is caused by circumstances for which TOM Thermochromic is not responsible – mains faults, electric shocks, lightning, improper earthing , mechanical deformations, natural disasters, non-compliance with the specified requirements for the power supply, damage caused by water or moisture;

(10) the complaint concerns a product that was not purchased by TOM Thermochromic (for example, you indicated that the product was purchased from us, but you sent us another product);

(11) in the event of a complaint and a product returned by the consumer in poor condition, if the type of product clearly indicates: (i) abuse of rights; (ii) failure of the consumer to take due care; (iii) improper use and or maintenance of the product, which may lead to the conclusion that the defect is due to its fault (scratching, breaking, crushing the product and or its components, traces of force applied to the product, dropping, squeezing, etc.) ; (iv) improper installation, mounting or tampering; (v) removal or modification by third parties of elements of the product;

(12) there is no discrepancy;

Art. 52 (1) In case of unfounded complaint TOM Thermochromic informs the consumer in writing about its decision and is released from liability to respect the complaint and to bring the goods in accordance with the contract. If the consumer is dissatisfied with the decision of TOM Thermochromic, he can file a claim in court. He can do this without making a complaint to TOM Thermochromic or waiting for an opinion from the dealer.

(2) The repair / repair of products outside the warranty period or within this period, but provided that the obligation of TOM Thermochromic to bring the goods in accordance with the contract of sale has lapsed on any grounds, shall be subject to payment by of the consumer and is carried out within a period agreed between the parties.

Extract from the Consumer Protection Act

Art. 53 Extract from the law on the right to claim and legal guarantee, see HERE.

XI. INTELLECTUAL PROPERTY

Art. 54 (1) All content present on the Site, namely – the logo, together with the figures and text contained therein, inscriptions and images, drawings, diagrams, graphics, design, database, descriptions, methods, processes and other objects of intellectual property and copyright, the content of the General Terms and Conditions, are the property of Mutiv BG OOD or third parties from whom Mutiv BG OOD has received consent for reproduction and whether there is a contract for the use of intellectual property and or copyright right.

(2) TOM Thermochromic are a trade name, brand and domain used by Mutiv BG OOD.

Art. 55 TOM Thermochromic reserves all rights to the intellectual property in any way connected with the Site.

Art. 56 Certain products displayed on the Site have their own, specific and unique design, owned by TOM Thermochromic, which is the subject of copyright and intellectual property.

Art. 57 Visitors to the Site may use the content only for the purpose of purchase and sale. The use of the content for purposes other than those set out in the General Terms and Conditions is considered a violation of these General Terms and Conditions of the Site, as well as a violation of intellectual property owned by “Mutiv BG” Ltd.

Art. 58 Each product and each service displayed and offered on the Site meets the European and national requirements concerning the specific product / specific service.

Art. 59 (1) Visitors to the Site may copy, share, transfer and / or use the content only for personal non-commercial purposes and only in cases where this does not contradict the provisions of this chapter of this document and the express written consent of of Mutiv BG OOD or the third parties, holders of copyright and other intellectual property rights, who have given their consent for the use of their works and other objects of intellectual property.

(2) TOM Thermochromic entitles owners of other sites and others to post links to the online store only when the link is clear and unambiguous.

(3) Copying of texts from the Site is prohibited. placing them on other websites and online stores without the written consent of TOM Thermochromic or without citing the source, by inserting the following text: “Source: online store / specify the domain of our site /”, and the link must lead to online TOM Thermochromic store.

XII. ADVERTISING

Art. 60 (1) At the moment when a natural person user creates an account registration (account) on the Site and or places an order, he has the opportunity to express his consent to receive advertising messages. He can also state this wish by filling in the subscription form available on the Site.

(2) Consent to receive such messages may be made by any person by filling in the subscription form on the Site, sending a message / letter to the addresses indicated on the website or by marking a specially marked consent to receive advertising.

(3) In order to provide advertising messages to legal entities registered on the Site and or to clients of legal entities that have ordered goods or services from the Site, TOM Thermochromic has no obligation to require consent to send advertising messages.

Art. 61 (1) The user may refuse to receive advertising messages at any time, using the special link found in each advertising message, by changing the settings in his account or by contacting TOM Thermochromic in any other way than specified in these General Terms and Conditions and on the Site.

(2) The refusal to receive advertising messages does not mean automatic refusal of the given consent for concluding this contract.

XIII. PUBLICATION OF A COMMENT. QUESTIONS AND ANSWERS

Art. 62 Writing comments, questions and answers, where applicable, can be done by visitors in the comments section. Written statements can be both positive and negative and must be valid and relate to the characteristics and use of a good or service.

Art. 63 Each visitor at the time of posting a comment, question, answer in these sections is obliged to comply with the following rules:

(1) refer only to the characteristics and / or use of a particular product or service, avoiding information related to aspects that may change (eg price or promotional offers);

(2) to use only Bulgarian language and to write in Cyrillic; words or expressions are allowed that, although not Bulgarian, are widely used by all media in the field (example: mouse, notebook, plug and play);

(3) use appropriate expression that does not contain offensive expressions or that may affect the rights of a third party;

(4) to make sure that the information entered by him is realistic, correct, not misleading and is in accordance with applicable law, including respecting the rights of others – e.g. copyright, intellectual property rights, license rights or other property rights, advertising rights or privacy rights.

(5) use this service only to communicate or obtain additional details about a particular product or service from the Site, without making references to other companies that promote the sale and purchase of goods and / or services;

(6) not to provide or request, in any way or form, personal data (contact details, delivery address or place of residence, telephone numbers, e-mail addresses, first and / or last names, etc.) or other information which may lead to the disclosure of such personal data;

(7) not to publish information and / or details about URLs (links) from other sites that develop the same or similar commercial activity as TOM Thermochromic.

(8) not to enter comments, questions, answers that contain materials of an advertising nature;

Art. 64 When a person reports that a comment, question or answer has inadequate content or is contrary to these Terms and Conditions, this content is carefully reviewed by TOM Thermochromic to determine whether it violates the terms of use of the Site. Published texts, photos or videos are removed from the Site only after verification by TOM Thermochromic.

Art. 65 In the event that TOM Thermochromic finds a repeated breach of these Terms of Use, it reserves the right to limit the entity’s ability to publish comments, questions and answers without having to justify it.

XIV. RESPONSIBILITY

Art. 66 (1) TOM Thermochromic and the customer are responsible for any action or inaction that has caused damage to any of the parties, including lost profits, in accordance with these General Terms and Bulgarian law.

(2) TOM Thermochromic / The Client shall not be liable for any damages suffered by the Client as a result of force majeure or those beyond the control of the country.

XV. PROCESSING OF PERSONAL DATA

Art. 67 (1) According to the General Regulation on Data Protection (Regulation (EU) 2016/679) and the Bulgarian legislation TOM Thermochromic and in particular Mutiv BG OOD is a personal data administrator.

(2) TOM Thermochromic adopts a Privacy Policy and a Cookie Policy, which any visitor whose personal data is processed by TOM Thermochromic or to whom cookies are applied, should accept after getting acquainted.

Art. 68 The personal data of the visitor may be provided to the prosecutor’s office, the police, judicial institutions or other state bodies, on the basis of and within the framework of the legal provisions and as a result of an explicit request made by them.

XVI. APPLICABLE LAW – JURISDICTION

Art. 69 (1) Disputes arising between TOM Thermochromic and consumers and customers of legal entities will be resolved by mutual consent or if this is not possible, disputes will be resolved in accordance with Bulgarian law, unless the parties have agreed otherwise.

(2) The parties may resolve disputes arising between them out of court through the alternative settlement of disputes / ADR / between consumers and traders, which is out-of-court conciliation proceedings on a voluntary basis. The Joint Conciliation Commissions assist in reaching an agreement between consumers and traders in disputes over contracts for the sale of goods and provision of services, the Joint Conciliation Commissions are determined on a regional basis, The General Conciliation Commission in the specific territory. The consolidated list of recognized ADR bodies of the Member States of the European Union can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show.

Art. 70 Individual consumers can use the European Online Dispute Resolution Platform (ODR), available at http://ec.europa.eu/odr, which is a single access portal that allows EU consumers and traders to deal with disputes with each other.

XVII. CORRESPONDENCE BETWEEN THE COUNTRIES

Art. 71 TOM Thermochromic and all customers (individuals and legal entities), as well as visitors to the Site, agree that the contact between the parties is accepted:

(1) For the seller: “Mutiv BG” Ltd., UIC 206044443, with registered office and address management: Razlog, 5 Tsar Samuil Str.:

– by phone: +359892238257;

– by e-mail: info@tom-bg.com

– by letter to the address: Razlog, 5 Tsar Samuil Str .;

– through the contact form on the Site;

(2) For the client or the visitor on the Site:

– by the phone number indicated by him in the order / correspondence;

– by e-mail specified by him in the order / correspondence;

– by letter to the address indicated by him in the order / correspondence as delivery address;

Art. 72 Notices and communications exchanged between the parties by e-mail (e-mail) shall be deemed to be in writing and the parties shall attach the same effect to a written document without the need for an electronic signature.

XVIII. AUTHORITIES REGULATING THE ACTIVITY

Art. 73 The bodies regulating the activity of TOM Thermochromic are the Consumer Protection Commission / CPC /, the Personal Data Protection Commission (CPDP), the Competition Protection Commission and the National Revenue Agency with the following coordinates:

Consumer Protection Commission

– website: www.kzp.bg;

– contact phone 0700 111 22

– e-mail: info@kzp.bg

– address: Sofia, Slaveykov Square, А4A, fl. 3, 4 and 6

Calls to 0700 111 22 are charged at the price of one local call, according to the sender’s tariff plan

Commission for Personal Data Protection

– website: www.cpdp.bg

– contact phone 02 / 91-53-518

– e-mail: kzld@cpdp.bg

– address: Sofia, Prof. Tsvetan Lazarov ”№ 2

National Revenue Agency

TD of the National Revenue Agency Sofia

– website: www.nap.bg;

– contact phone: 02/9859 3821; 02/9179124 -el

. address: nap@nra.bg – address

: Sofia, 215 Tsar Boris III Blvd., Vitosha Office or Sofia, 21 Aksakov Str. (Head Office);

Commission for Protection of Competition

– website: www.cpc.bg

– contact phone: 02/9356 113 – e-

mail address: cpcadmin@cpc.bg – address

: Sofia, 18 Vitosha Blvd.