Terms & Conditions

General terms and conditions of use of the e-commerce shop www.startsafety.eu

1. ABOUT US

1. Who we are. We are Start Safety OOD, a company registered in Bulgaria. Our company registration number is 207702937 and our registered office and management address is Varna 9010, Primorski Region, 21 Dimitar Ikonomov Street (not a store address). Our registered VAT number is BG207702937.
2. How to contact us. You can contact us by telephoning our customer service team at +359 (0)87 8810774 or by writing to us at sales@startsafety.eu.

2. OUR CONTRACT WITH YOU

1. How we will accept your order. After placing an order on our website and making payment (or by having a credit account approved), you will receive an email from us acknowledging that we have received your order. Our acceptance of your order will only take place when we email you confirming that the product has been dispatched, at which point a contract will come into existence between you and us.
2. If we cannot accept your order. If we are unable to accept your order, we will promptly inform you of this to either arrange a refund or change your order. If you are an account customer, we will contact you to change your order.
3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. 
4. We mainly sell to Europe. Our website is designed predominantly for the promotion of our products in Europe and the EU countries. We may accept orders from addresses outside Europe, however, this will be entirely at our discretion and differing terms and conditions including, but not limited to, delivery times and delivery costs may apply.
5. UK customers can purchase products from our sister website, www.startsafety.uk.
6. Transfer of ownership. Goods remain property of Start Safety OOD until paid for in full. Ownership of the purchased goods is transferred to the buyer once all conditions of the sale have been fulfilled.

2. SUBJECT MATTER OF THE TERMS OF USE

1. The products sold are of proven origin. The main parameters and characteristics of the products offered are listed in detail on the page of each individual product.
2. The prices of the products are shown in Euros only. All prices on our website can be seen inclusive and exclusive of VAT, depending on the type of customer you are.
3. Completed and confirmed registration means the customer expressly and unconditionally agrees to these general terms and conditions for the use of the e-store and the published information provided by the store pages.

3. USER REGISTRATION & PRIVACY RIGHTS

1. User registration. It is not mandatory to register on our website for the purposes of purchasing goods. You can also use the option to purchase goods as a 'guest'. You will still be required to provide personal information for us to be able to fulfill your order. This information includes, but is not limited to: Name, Surname, E-mail, Phone number, Company Address, Delivery Address, Company details such as VAT registration number.
2. Incorrect information. You as the user/ buyer hold the responsibility to provide accurate and complete information. We may contact you to confirm any information you have provided if we believe it may be incorrect. If you discover you have made an error, please contact us as soon as possible to correct this and avoid any order issues, such as delayed deliveries.
3. Profile deletion. If you wish for us to delete your account from our online store, please contact us by email at sales@startsafety.eu.

4. CONFIDENTIALITY OF INFORMATION

Start Safety OOD collects and processes personal data in compliance with the requirements of the Personal Data Protection Act.

The Customer agrees that www.startsafety.eu and its employees have the right to collect and use information in connection with registration for the use of the services of Start Safety OOD. We receive and use information from you upon your registration, including personal data, to provide quality service when accepting and fulfilling orders, to contact you in case of problems with the order, to assist you in using our services and provide information about our products, to process a Customer order, for statistical purposes and to improve the operation of the store.

The information is stored in our database in compliance with the requirements of the Personal Data Protection Act.

You, the Buyer, may request at any time correction or deletion of the registration and the information attached to it from us, the Seller. The types of personal information that the Customer provides may include names, addresses, telephone numbers, e-mail. The Seller guarantees that the Customer's data in question will not be used for purposes other than those specified above.

Start Safety OOD has the right to provide personal information about the Client to the relevant competent state authorities, in accordance with the current legislation, in cases where the information is requested by state authorities or officials who, according to the current legislation, are authorized to request and collect such information in compliance with the legally established procedures, if the Buyer, or anyone associated with the Buyer or the sale, have committed malicious acts or have violated the rights or legitimate interests of third parties and in other cases provided for by law.

5. OUR PRODUCTS.

1. Products and packaging may vary slightly from their pictures. The images and packaging of the products on our website are for illustrative purposes only. While we endeavour to display the colours, sizes, weights, capacities, dimensions and measurements accurately, we cannot guarantee that a product's display accurately reflects the products. Your product may vary slightly from those images.
2. Changes to the product(s) you have ordered. You need to contact us if you wish to make a change to your order and the product(s) you have purchased. We will let you know if the change is possible. Changes to an order depend on several factors, including product availability, acceptance of new price, timing of supply. PLEASE NOTE: all bespoke products (including, but not limited to, any made-to-order and customised products) are non-refundable.
3. Changes to the product(s) made by us. We may change a product to:
   1. reflect changes in relevant laws and regulatory requirements; and
   2. to implement technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

6. CONTRACT & ORDER PROCESSING.

1. Orders acceptance. Orders can be submitted 24 hours a day, including during weekends and public holidays. Orders are processed on business days between 9:00 - 17:00 (local time). A confirmation of the order and notifications about its status is sent via email and on occasions we may contact you via phone, for example if your order is being delayed.
2. Refusal to fulfil an order. We reserve the right to refuse an order placed through the online store. When an order is cancelled by us, the Buyer will be refunded the full value of the order.
3. Delivery costs. The costs of delivery will be displayed to you at checkout. For international deliveries, costs of delivery will vary and in some occasions will be provided to you on request. Occasional errors may occur which indicate that a next working day delivery service is available in your area. If this is the case and your address is not within the area that qualifies for this service, we will contact you to make alternative delivery arrangements.
4. Lead time of products. We will provide you with an estimate delivery date when we accept your order. If no delivery date is specified, the product will be delivered within 30 days of the date on which we accept your order.
5. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control including, but not limited to, late delivery caused by a third party courier, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for any delays caused by the event. 
6. Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9:00AM - 4:00PM Monday to Friday only, excluding public holidays. Prior arrangement is required.
7. If you are not at home when the product is delivered. If no one is available at your address to take delivery and sign for the products, the courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. We reserve the right to charge you for storage costs and any other associated costs arising from any redelivery of the products.
8. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. We will not be responsible for any such costs of redelivery or recollection whatsoever. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may cancel your order and clause 10.2 will apply.
9. If you do not allow us access to deliver the goods. If you do not allow us access to your property to deliver the goods as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may cancel your order and clause 10.2 will apply.
10. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
11. When you own goods. You own a product which is goods once we have received payment in full.
12. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, a correct and complete delivery address, any relevant access codes to your property, contact phone numbers and names. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either cancel your order (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
13. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
    1. deal with technical problems or make minor technical changes;
    2. update the product to reflect changes in relevant laws and regulatory requirements;
    3. make changes to the product as requested by you or notified by us to you (see clause 5).

7. YOUR RIGHTS TO CANCEL AN ORDER

1. You can cancel your order with us. Your rights when you cancel an order will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to cancel your order and whether you are a consumer or business customer:
2. If what you have bought is faulty or misdescribed you may have a legal right to cancel your order (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
3. Cancelling your order because of something we have done or are going to do. If you are cancelling your order for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are: - we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 7); - we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; - there is a risk that supply of the products may be significantly delayed because of events outside our control; - we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or - you have a legal right to cancel your order because of something we have done wrong.
4. Exercising your right to change your mind if you are a consumer (Consumer Protection Act). If you are a consumer then for most products bought online or over the phone you have a legal right to change your mind within 14 days and receive a refund.
5. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of any bespoke products.
6. How long do consumers have to change their minds in relation to bought goods? You have 14 days after the day you (or someone you nominate) receives the goods, unless:
7. Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
8. Cancelling your order where we are not at fault and there is no right to change your mind. Even if we are not at fault, you can still cancel your order before it is completed. A contract for goods is completed when the product is delivered. If you want to cancel your order before it is completed let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you cancelling the order.
9. Damaged goods. If once the goods were delivered and accepted, you have proceeded to use them and you have damaged them in the process, you forfeit your right to return them. Damage is considered anything that deems the goods impossible to resell.

8. HOW TO CANCEL YOUR ORDER WITH US.

1. Tell us you want to cancel your order. To cancel your order with us, please let us know by doing one of the following: - Phone or email. Call customer services on +359 (0)87 8810774 or email us at sales@startsafety.eu. Please provide your name, home address, details of the order and, where available, your phone number and email address. - Online. Complete the form on our website which is available at www.startsafety.eu/contact.
2. Returning products after cancelling your order. If you cancel your order for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Start Safety OOD, Varna Commerce, Zapadna Promishlena Zona, Unit 1, 9009 Varna; or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +44 87 881 0774 or email us at sales@startsafety.eu for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. You will be solely responsible for any damage caused to the goods up until such goods are safely delivered to our registered office or such goods are collected by us.
3. When we will pay the costs of return. We will pay the costs of return: - if the products are faulty or misdescribed; or - if you are cancelling your order because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the actual cost to us of collection.
5. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products by the method you used for payment.
6. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. We reserve the right to charge up to a 20% re-stocking fee should you cancel an order and it is not our fault. We may exchange certain goods for alternative products, however this will be at our sole discretion.
7. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at a set cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8. When your refund will be made. We will make any refunds due to you as soon as possible. In any event: - If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 8.2. - In all other cases, your refund will be made within 14 days of you telling us you have changed your mind.

9. OUR RIGHTS TO CANCEL YOUR ORDER

1. We may cancel your order if you break the contract. We may end the contract for a product at any time by writing to you if: - you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; - you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, an accurate delivery address including postal code, or phone number of a site contact; - you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or - you do not, within a reasonable time, allow us access to your premises to deliver the products.
2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs including, but not limited to, delivery costs we will incur as a result of your breaking the contract.

10. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS.

1. We warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products which are goods shall:
   1. conform in all material respects with their description and any relevant specification;
   2. be free from material defects in design, material and workmanship;
   3. be of satisfactory quality; and
   4. be fit for any purpose held out by us.
2. Subject to clause 10.3, if
   1. you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 10.1; and
   2. we are given a reasonable opportunity of examining such product; and
   3. you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
3. We will not be liable for a product’s failure to comply with the warranty in clause 10.1 if:
   1. you make any further use of such product after giving a notice in accordance with clause 10.2;
   2. the defect arises because you failed to follow the oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
   3. the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
   4. you alter or repair the product without our written consent; or
   5. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
4. Except as provided in this clause 10, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 10.1.

11. PRICE AND PAYMENT

1. Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. Depending on your address, the price will be subject to VAT regulations.
2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your order, refund you any sums you have paid and require the return of any goods provided to you.
4. When you must pay and how you must pay. We accept payment with most major credit card and debit card companies. When you must pay depends on what product you are buying:
   1. For goods, you must pay for the products before we dispatch them. We will charge your credit or debit card on confirmation of your order.
5. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act.
3. We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 12.
4. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in these terms shall limit or exclude our liability for:
   1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
   2. fraud or fraudulent misrepresentation;
   3. breach of the terms implied by the Commerce Act and the Obligations and Contracts Act (OCA).
   4. defective products under the Consumer Protection Act; or
   5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
      
5. Subject to clause 12.4:
   1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
   2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid or payable by you for products under these terms.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

1. How we will use your personal information. We will only use your personal information as set out on our website at www.startsafety.eu/privacy-policy.

15. OTHER IMPORTANT TERMS

1. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
2. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
3. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Bulgarian law and you can bring legal proceedings in respect of the products in the Bulgarian courts.
4. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the current legislations of Republic of Bulgaria shall have exclusive jurisdiction to settle any such dispute or claim.

Schedule 1

Model Cancellation Form for consumer customers

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date    

[*] Delete as appropriate