Terms & Conditions
TERMS OF USE ONLINE STORE esmavoucher.store
"ESMA EUROPE" EOOD
Sredets Disirict, 4 khan Krum str., fl.3 (hereinafter: "ESMA EUROPE" EOOD) is the administrator and owner of the online mediation environment (esmavoucher.store; hereinafter: the online store).
In the legal relationship between "ESMA EUROPE" EOOD and all users of the Online Store (including both registered users and guests), the following conditions apply (hereinafter: Terms of Use). All users of the online store are associated with the Terms of Use.
1. General Provisions
1.1. When interpreting legal relations arising from using an online store, the parties are guided in regulating mutual relations by the Law of Obligations Act, other laws of the Canada, other legal acts and the provisions of the Terms of Use.
1.2. "ESMA EUROPE" EOOD has the right to change the Terms of Use at any time and unilaterally by notifying it on the website of the online store.
2. The essence of the online store (www.esmavoucher.store)
2.1. The online store is a "ESMA EUROPE" EOOD administered intermediary environment in which digital games, game cards, gift cards and codes (hereinafter: Products) are offered for sale in digital form. Both registered users and third-party online store guests (hereinafter collectively referred to as the “Users”) can purchase Products.
2.2. "ESMA EUROPE" EOOD does not sell Products, does not bear responsibility neither for the quality of the Products, nor for its implementation, but acts as an intermediary in concluding a sales contract between the seller and the buyer of the Products. "ESMA EUROPE" EOOD is not the owner of the Products presented in the online store, but only provides mediation services for its sale.
2.3. The right to sell the Products in the Online Store belongs to "ESMA EUROPE" EOOD contractual partners (hereinafter: the Seller). When making a purchase in the online store, a sales contract is concluded, the parties of which are the Seller and the User.
2.4. Using the online store for users is free.
3. Account registration
3.1. When registering, the User provides a digital application for accession via a supported social networking platform or via an online store (hereinafter: the Accession Application), which contains the following data:
a. Name;
b. The password you want to use;
c. E-mail address;
d. Phone number;
3.2. The user confirms in the Application for Accession that he has become familiar with the conditions of using the online store and that he is at least 13 years old.
3.3. Based on the Application for accession, an account (account) of the User is created in the online store (hereinafter: Account). "ESMA EUROPE" EOOD account creation is reported to the User by e-mail.
3.4. In the future, when entering the User Account, you need to enter a username and password.
3.5. To protect the Account, the User maintains the confidentiality of his password.
3.6. "ESMA EUROPE" EOOD may, without giving reasons, refuse to approve the Application for accession and create an Account. "ESMA EUROPE" EOOD Srl may, without giving reasons and without prior notice, cancel the User Account and delete all data associated with the User from the online store environment.
4. Publication and subsequent modification of the announcement of the sale
4.1. "ESMA EUROPE" EOOD publishes ads for sellers in the online store (hereinafter: the announcement of the sale). The announcement of the sale indicates the price of the product and contains its description.
4.2. When publishing Ads for sale in the online store "ESMA EUROPE" EOOD does not check either the validity of the Products or any of its essential characteristics.
4.3. "ESMA EUROPE" EOOD has the right at any time and without explanation of the reason to delete the announcement of the sale or change the announcement of the sale.
5. Product Price
5.1. The price of the Products is reflected in the Sale Announcement (hereinafter: Price). Value added tax is not added to the Price of the Products.
5.2. Product prices may vary. If the User has paid for the Products prior to the entry into force of the change, but prior to the shipment of the Products to the User, then the Price is valid, which was reflected at the time of placing the Order.
6. Purchase of Products
6.1. For the purchase of the Products, the User interested in purchasing the Products (hereinafter: the Buyer) selects the announcement of the sale published in the web environment of the online store, adds the Products to the basket, enters the data required for placing an order (last name, first name, contact phone number, e-mail) and pays the Price of Products (hereinafter: the Order).
6.2."ESMA EUROPE" EOOD reserves the right to cancel the Order before it is transferred to the Seller and / or fulfillment of the Order, notifying the User and returning the amount paid by the User to the User’s account.
6.3. The user confirms when placing the Order that he is familiar with the terms of use of the online store and that he is at least 13 years old.
6.4. The buyer undertakes to provide reliable data when placing the Order. Neither "ESMA EUROPE" EOOD nor the Seller is liable for improperly fulfilling the Order, failure to fulfill the Order or any other consequences resulting from the provision of inaccurate data by the Buyer.
6.5. All Product Prices in the online store are in euros.
7. Product Payment and Returns
7.1. You can pay for your order using the methods specified in the online store environment. A service charge may be added to the order value in accordance with the agreement concluded between the User and the issuer of a bank or credit card.
7.2. All returns made by "ESMA EUROPE" EOODto the User are transferred to the same account from which the Order was paid. It is also possible to replace the product with another, if due to "ESMA EUROPE" EOOD s fault, which is proven, the product was deactivated or became invalid before purchase by the buyer.
8. The contract of sale and shipment of products
8.1. If the Buyer has placed an Order and paid for the Price of the Products, it is considered that the Seller and the Buyer have concluded a sales agreement in the meaning of the Law of Obligations Act and subject to the conditions established in the Terms of Use (hereinafter: the Sales Agreement).
8.2. Products are sent no later than within 2 working days after receipt of money to the e-mail address of the User. Delivery time depends on the availability of products at the Seller’s warehouse:
a. “Available” status means that the Products are sent to the User’s personal account immediately after the Order is paid;
b. “Available” status means that Products will be shipped as soon as possible (usually within 2 business days).
8.3. When pre-ordering Products, the products are sent immediately after they are available for sale (the exact date of shipment depends on the distributor’s specified release date and time for transportation).
8.4. Together with "ESMA EUROPE" EOODProducts, it can transfer invoice for goods to the buyer, if the latter requests it.
9. Bonus system
9.1. The user who created the Account in the Online Store has the opportunity to earn bonus items from their purchases, which they can use when making purchases and / or receiving benefits in the Online Store (hereinafter: Bonus Points). In the event that the bonus system is active.
9.2. Bonus points are entered into the User's Account for each successfully completed Order, upon payment of which the Bonus points were not used either fully or partially.
10. Right to Denial of Service
10.1. "ESMA EUROPE" EOOD has the right to refuse to create a User Account and / or to mediate the acquisition of Products. "ESMA EUROPE" EOOD may refuse to serve the User, among other things, for the following reasons:
a. The user is trying to maliciously affect the operation of the online store, hacking, making changes or otherwise causing damage;
b. service is prohibited by a court decision or by a competent government agency;
c. User actions are contrary to the rules of the payment system, current legal acts, internationally recognized principles or fair practice of using the Internet;
d. The user sells or intends to resell the Products as part of their economic and professional activities.
11. Right of withdrawal and its exercise
11.1. The user has the right after the payment for the product, but prior to the delivery of the Product, to cancel his Order by sending to the "ESMA EUROPE" EOOD "ESMA EUROPE" EOOD info@esmavoucher.store e-mail address a corresponding notice indicating the Order number or telephone number and the name of the goods.
11.2. In accordance with Art. 56 of the Law of Obligations Act regarding the Products is entitled to return within 14 days after receipt of the goods. To exercise the right of return, "ESMA EUROPE" EOOD must submit an application to the "ESMA EUROPE" EOOD info@esmavoucher.store e-mail address within 14 days of receipt of the goods.
11.3. When returning, purchased Products should be returned as soon as possible, but no later than within 30 days. In relation to electronic Products, the User undertakes, in the exercise of the right of return, to delete the Products. After the exercise of the right of withdrawal, the User is not entitled to use the Products in any way.
11.4. Money for the returned Products will be returned to the User at the earliest opportunity, but no later than within 30 days.
11.5. Returned Products must not be used.
11.6. 14-day right to return, according to Art. 53 HMO, not valid:
a. in respect of contracts, the object of which is the transfer of such digital content that is not transmitted on a physical data carrier, if the transfer has been initiated with the prior unambiguous consent of the User.
By agreeing to the Terms of Use and making a Purchase, the Buyer confirms that he thus loses his right of withdrawal with respect to the above digital content;
b. in relation to contracts the object of which is a gift card and the unique code indicated on it has already been used.
11.7. If the right of withdrawal arising from the law does not apply to the Products, "ESMA EUROPE" EOOD, in agreement with the User, can again set up unused and valid Products for sale for and on behalf of the Seller, by charging a service fee of 1 euro. The money is returned to the User after successful sale of the product and provided that the user who purchased the Products does not make any claims. In case the Products are not sold again within 30 days, "ESMA EUROPE" EOOD again removes the Products from sale in the Online Store, and the Products remain to the User.
12. Product quality and validity
12.1. Compliance of the Products with the terms of the Sale Agreement is ensured by the Seller.
12.2. "ESMA EUROPE" EOOD is not responsible for any defect in the Products, nor for its incompatibility with the Sales Agreement. Among other things, "ESMA EUROPE" EOOD is not responsible for the invalidity, unsuitability to use the Products or other similar defect products. The user may make claims arising from a breach of the sales contract and use legal remedies only in respect of the Seller.
12.3. In the event of defects, "ESMA EUROPE" EOOD acts as an intermediary in making decisions on the User’s complaint and when the Products are replaced if necessary by the Seller.
13. Claiming
13.1. In the event of non-compliance of the Products with the terms of the contract, the User has the right to rely on legal remedies provided by law. Responsibility for the conditions of the Sales Contract and the quality of the Products rests with the Seller.
13.2. In case of problems, please contact them with a precise description in "ESMA EUROPE" EOOD, which will convey the complaint to the Seller or, if possible, he will consider it.
13.3. Neither "ESMA EUROPE" EOOD, nor the Seller shall in any case be liable for non-compliance of the Products with the terms of the contract, if it arose as a result of the actions and / or omissions of the User, incl. due to improper use of the Products.
13.4. The user undertakes to notify "ESMA EUROPE" EOOD of non-conformity of the Products no later than within 2 months from the moment of detection, i.e. raise a claim. "ESMA EUROPE" EOOD will immediately submit the claim to the Seller.
13.5. The claim can be submitted to the e-mail address "ESMA EUROPE" EOOD info@esmavoucher.store. The claim should include the name and contact details of the User, the date of the complaint, the identified defect in the Products and the content of the presented requirement, along with the proof of purchase.
13.6. In case the User does not agree with the proposed "ESMA EUROPE" EOOD or Seller’s decision on the claim, the Consumer-User has the right to apply to the Consumer Protection Board and the Consumer Disputes Commission established under it, whose competence includes the resolution arising from the contract between the consumer and the merchant consumer disputes, which the parties failed to resolve by agreement.
14. Processing User Personal Data
14.1. The user hereby gives "ESMA EUROPE" EOOD consent to the processing of his personal data.
14.2. User's personal data entered by the User when creating an Account and placing an Order, as well as those that became known to "ESMA EUROPE" EOOD, are entered into the electronic register and are used to transfer information related to the Sale Agreement to the Parties to the Sales Contract and offer the Products to the User.
14.3. "ESMA EUROPE" EOOD cannot see the data of the User’s bank card and other data on payments.
14.4. The basis for the source of personal data and their processing is the emergence of user relations on the Terms of Use when creating an Account in an online store or placing an Order. The processing of personal data is a prerequisite for the purchase of Products.
14.5. The personal data includes data on the order of the User: last name, first name (s), phone number, e-mail address, acceptance of the Terms of Use and distribution of sales offers.
14.6. The personal data processor is "ESMA EUROPE" EOOD, Sredets Disirict, 4 khan Krum str., fl.3 . Authorized processors are the Sellers (data of a specific Seller are given in the corresponding Order account), which pass on the personal data of the User required to fulfill the Sale Agreement (in including e-mail address and user name). The User hereby gives "ESMA EUROPE" EOOD consent to the transfer of such data.
14.7. "ESMA EUROPE" EOOD agrees not to transfer personal data not specified in these Terms of Use to third parties.
14.8. "ESMA EUROPE" EOOD has the right to transfer the personal data of the User to third parties if the obligation to process personal data arises from the law or the User has explicitly consented to this.
14.9. The user gives "ESMA EUROPE" EOOD's consent to be sent by the e-mail address entered when creating an Account or placing an Order:
a. Confirmations and notifications, which are described in the Terms of Use or are necessary for proper functioning of an online store (including registration account, message about updating the password, message to the Buyer about the successful purchase, as well as the account of the Order);
b. advertising materials, if the User expressed a desire to receive such messages when placing an Order or creating an account (by ticking the appropriate box). The user has the right to subsequently withdraw such consent by sending a letter of relevant content to the e-mail address "ESMA EUROPE" EOOD info@esmavoucher.store.
15. User Responsibility and Dispute Resolution
15.1. The user undertakes to use the online store only in accordance with the law and in view of fair practice.
15.2. The user is liable for damages caused to "ESMA EUROPE" EOOD, the Seller or third parties as a result of using the Online Store in violation of the Terms of Use, law or good practice.
15.3. Disputes between the User and "ESMA EUROPE" EOOD arising from the Online Store Terms of Use are resolved in accordance with the valid legislation of the Canada.
16. Bond and Mandatory Terms of Use
16.1. Familiarization with the Terms of Use is mandatory for the User, and the Terms of Use apply to all users.
16.2. When placing an Order or creating an Account, by ticking the corresponding box “I agree with the Terms of Use of the Online Store www.esmavoucher.store”, the User confirms that he has read the Terms of Use, understood them, agrees with the Terms of Use and confirms their validity.