This document outlines the rules and requirements for websites operating under the domain https://www.dabalkon.com. As a user, you must read these Terms and Conditions thoroughly before using the services provided. By accessing the website, the user expressly acknowledges that he/she has read these Terms and Conditions, is aware of their contents, accepts them without reservation, and undertakes to comply strictly with them.

Section I - Merchant and Supervisory information

Art. 1 This website is owned and operated by the company as follows

Name of the Merchant:  AIBEK EOOD

UIC: 204877283

Headquarters: Sofia, Triaditsa district, sq. Krastova Vada, Gen. Ivan Kolev, 24G str.

Phone:+359 888 37 3377

E-mail:office@dabalkon.com

(2) Visitors may address their complaints about violations of their rights to the following supervisory bodies:

Consumer Protection Commission

Address. Sofia, Slaveykov Square №4A, floors 3, 4 and 6,

Phone: 02/9330565

Fax: 02/9884218

Hotline: 0700 111 22

Email: info@kzp.bg 

Website: www.kzp.bg

Section II - Definitions and terms

Art. 2 For these General Terms and Conditions, the following terms shall be construed and understood per the definition given to each.

"Copyright" refers to any work of literature, art, or science created by creative labor and expressed in a concrete, objective form. Such works may include texts, images, audio recordings, software, graphics, and other intellectual property forms subject to protection under applicable law.

"Electronic Communication" means any communication made by email, electronic contact form, chat module, SMS, or other electronic means.

"Malicious Acts" - any acts or omissions that violate Internet ethics, harm persons or systems, interfere with the website's operation, or are intended to gain unauthorized access to someone else's information, resources, or databases.

"Newsletter" - an electronic message with advertising, information, or commercial content sent periodically by the Administrator to Users who have voluntarily subscribed to receive it.

"Personal data" means any information relating to an individual and permitting their direct or indirect identification. Such data includes but is not limited to first and last name, permanent or current address, e-mail address, telephone number, identification number, location data, IP address, device identifier, and any other information that, by itself or in combination with other data, can identify an individual.

"User" is any person who, by entering an e-mail address or other technical means, accesses the website and uses its content to obtain information, sending requests to the Administrator to get an offer or to conclude a contract for the services provided by the Administrator. The user may be a visitor or a person with whom active communication is made.

"Advertising material" means a body of textual, visual, or audiovisual content created to promote a particular product, service, or brand. Such material aims to create a positive attitude, capture the audience's interest, and stimulate consumer behavior toward increased demand.

A "website" or "site" is a virtual space on the World Wide Web accessible by a unique unified URL using protocols such as HTTP, HTTPS, or another established standard protocol. A website contains a variety of digital content, including, but not limited to, text files, images, graphics, video and audio material, program code, and other resources that provide information and services to users.

"Service" - any activity or digital content provided by the Administrator through the website to Users, including, but not limited to, providing information, offers, advice, or entering into contracts.

"Force Majeure" - a circumstance of an extraordinary nature (such as natural disasters, war, acts of terrorism, governmental prohibitions, epidemics, etc.) that is unforeseeable and insurmountable and prevents the performance of the parties' obligations.

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Section III - Subject matter and characteristics of the website

Art. 3 (1) DaBalkon is a website allowing Users to inform themselves about the products and services offered by the Merchant in the field of balcony and equipment, intelligent solutions for outdoor spaces, solar power systems, and customized environmental solutions for outdoor areas.

(2) The website provides functionality for Users to make inquiries, obtain detailed information about the product range, prepare a personalized quote, or request a specific service for transforming outdoor spaces.

(3) Merchant strives to offer innovative, customizable solutions that enhance outdoor living, whether for personal relaxation or large-scale property development, by integrating solar power, smart irrigation, and eco-friendly materials.

Art. 4. (1) Before using the information resources and commercial services offered through the Merchant's platform, each User must familiarize themselves with these General Terms and Conditions of Use. Any person who has agreed to the General Terms and Conditions must comply with them and exercise their rights following the rules and principles of good faith. 

(2) These Terms and Conditions (in their entirety or their provisions) shall apply in all cases where a natural person or a legal entity's representative accesses this website to use the published information content or the functionalities provided on exception to the scope of application of the General Terms and Conditions is only permitted in cases where an express written agreement with specific rules has been concluded between the parties concerned.

(3) The Merchant shall regulate all legal relations in connection with the provision of services for the transformation of outdoor spaces, the supply of specialized equipment, or the construction of intelligent systems by concluding a separate written contract following the specificity of the particular service requested and the requirements of the applicable legislation.

Section IV - Rights and Obligations of Users

Art. 5. (1) When using the Website, the User shall enjoy the following rights:

1. To view and learn about the products and services offered in the ary and garden equipment, intelligent outdoor systems, solar-powered solutions, and eco-friendly outdoor transformation components.
2. Inquire with Merchant if you need additional information regarding the assortment, delivery and installation conditions, warranty periods, or technical difficulties interacting with the website's functionalities.
3. You must enter personal data to contact the Merchant, request a personalized offer, or subscribe to a newsletter with current promotions and new solutions for outdoor equipment.
4. To report to the Merchant in case of infringement of intellectual property rights or inaccuracies in the published content.

(2) Under Article 50 of the Consumer Protection Act, the User has the right to comprehensive prior information on the technical characteristics of the products and services before finalizing an order.

Art. 6. (1) When using the Website, the User shall:

1. To use the Platform following its lawful purpose and strictly following these Terms and Conditions.
2. Refrain from any acts or omissions of a lousy faith nature that could interfere witwebsite's h the normal functioning or compritssite's security.
3. Not attempt unauthorized access to the server infrastructure maintained by the Merchant or to secure sections of the Platform.
4. Not to make available to third parties, for-profit or not-for-profit, any content, information material, technical specifications, or know-how extracted from the Website without the express prior consent of the Merchant.
5. Not to reproduce, modify, copy, or distribute materials and visual elements of the Platform for purposes other than those directly related to obtaining information about the products and services offered, except after obtaining the express prior written consent from the Merchant.
6. Not to carry out actions or omissions that could damage the Merchant's commercial reputation, property, or non-property rights and legitimate interests.
7. To provide reliable, accurate, and up-to-date information when entering personal data in contact forms or subscribing to newsletters.

(2) In the event of non-compliance with the obligations under the preceding paragraph, the Merchant reserves the right to restrict the access of the relevant User to the website and the services offered through it, as well as to seek compensation for damages caused under the general legal procedure.

Section V - Merchant’s rights and obligations

Art. 7. (1) In carrying out his commercial activity through the DaBalkon.com website, the Merchant shall have the following rights:

1. To provide information on products and services offered in balcony and garden equipment, intelligent outdoor space systems, and eco-friendly outdoor area solutions.
2. To update the website content, including prices (if stated), product specifications, and terms of service, at any time without prior notice.
3. To receive user inquiries and process their data following the privacy policy and applicable data protection legislation.
4. To refuse to execute an order or request in the presence of objective impossibility, including exhausted stock of products, technical obstacles to providing the service, or suspicion of abuse.

(2) The Merchant shall be entitled to take immediate action upon detecting any unauthorized use of the Website, including temporarily or permanently restricting a particular User's access to the website

Art. 8. (1) In managing the DaBalkon.com website, the Merchant shall:

1. To maintain up-to-date and accurate information on the products and services offered, including key features, delivery, and installation terms.
2. To ensure uninterrupted access to the website and its functionalities by making all reasonable efforts to rectify technical faults promptly.
3. To process Users' data in strict compliance with the principles of lawfulness, fairness, and transparency under Regulation (EU) 2016/679 and the Personal Data Protection Act.
4. To respond promptly to inquiries made by Users through the contact forms or communication channels specified on the website.
5. Respect the intellectual property rights of the content published on the website and ensure that it does not infringe on the rights of third parties.
6. To protect Users' data through appropriate technical and organizational measures against unauthorized access, accidental loss, or unlawful disclosure.
7. To promptly inform Users of material changes to the Terms and Conditions by posting the updated version on the Website.

(2) The Merchant shall not be liable for damages caused to Users due to force majeure, actions of third parties, or improper use of the website by Users.

(3) In carrying out its activities, the Merchant provides high-quality products and services following the specifications and characteristics, ensuring compliance with all applicable quality and safety standards following Bulgarian legislation.

Section VI - Copyright

Art. 9. (1) The videos, photographs, graphic images, technical illustrations, text descriptions, software code, and structured databases published on the website shall constitute intellectual property objects protected under the provisions of the Copyright and Related Rights Act. They shall not be used in violation of the regulations in force.

(2) All names, logos, and trademarks published on the Website are the property of the Merchant or their respective owners. The provisions of the Trademarks and Geographical Indications Act protect them.

Art. 10. (1) The access granted to Users to the Merchant's website does not include the power to use, copy, reproduce, or distribute information constituting intellectual property.

(2) The provision of par. (1) shall not apply in cases where the content in question is insignificant in volume, intended exclusively for private use for non-commercial purposes, which in no way prejudices the legitimate interests of the authors or other holders of intellectual property rights and is following the principles of Article 24, para—1 of the Copyright and Related Rights Act.

(3) In the hypothesis of paragraph 2, the respective User shall use RSS feeds for automatic aggregation of content from other websites, the address of which is indicated in the meta information of each website page. These feeds shall contain the title, author, visual elements, and the publication's first 500 (five hundred) characters. Any reproduction in a format other than the website requires prior written permission from the merchant. When using the visualization from other websites attached to the RSS feed, the same must be accompanied by the title, the first 500 characters of the text, and an indication of authorship.

Art. 11. (1) In case of infringement of the intellectual property rights of the objects published on the website, the Merchant shall be entitled to restrict the User's access by blocking it with a telephone number, e-mail address, or IP address.

(2) In the event of infringement of intellectual property rights, the Merchant reserves the right to claim compensation for all direct and indirect pecuniary and non-pecuniary damages in full following Article 94 of the Copyright and Related Rights Act and the applicable provisions of civil law.

Section VII - Merchant’s liability

Art. 12. (1) The Merchant shall not be liable for any pecuniary and/or non-pecuniary damages suffered by the User or third parties in the event of inability to use the website unless it is proven that the Merchant was intentionally or grossly negligent.

(2) The Merchant shall not be liable for any damages arising from or in connection with the nature of the published content, technical problems, computer viruses, or malware that may affect the User's computer equipment, software, data, or other property as a result of actions taken when accessing, using, or browsing the website or downloading materials from the website or related websites.

(3) The Merchant uses reasonable efforts to maintain the currency and accuracy of the information published on the website but does not guarantee its completeness, accuracy, or suitability for the User's particular purposes.

Art. 13. (1) Advertising material with hyperlinks to external websites may be integrated within the website. Upon activation of the respective links and visit to the said sites, the Merchant shall not be held liable for any damages that arise from actions taken by the User.

(2) The advertising content published on the website shall be marked as such. It shall be separated from the main information content by the requirements of Article 8 of the E-Commerce Act.

Art. 14. (1) The website may contain links to other websites operated by third parties. The Merchant is not responsible for the content of these pages or for the consequences of users providing personal data when visiting them.

(2) The presence of hyperlinks to external sites does not constitute an endorsement or recommendation of their content by the Merchant.

Section VIII - Data protection

Art. 15. (1) When users use the Website, the Merchant may process Their personal data in accordance with the purposes set out in the Privacy Policy published on the Website and in compliance with the principles of lawfulness, fairness, and transparency, in accordance with the requirements of Regulation (EU) 2016/679 and the Personal Data Protection Act.

(2) The Merchant shall collect and process personal data in the minimum amount necessary to fulfill specific and predetermined purposes, including processing inquiries, preparing offers, communicating with Users, fulfilling contractual obligations, and improving the products and services offered.

(3) The Merchant shall implement appropriate technical and organizational measures to protect personal data from accidental or unlawful destruction, loss, unauthorized access, alteration, or dissemination, providing Users with the opportunity to exercise their rights of access, rectification, erasure, and objection under applicable law.

Art. 16. (1) The separate Privacy Policy available on the website contains Detailed information on the categories of personal data, the purposes and legal grounds for their processing, the storage periods, the data recipients, and the rights of the data subjects.

(2) If users have questions or need to exercise rights related to the protection of personal data, They may contact the Merchant through the contact channels specified in the Privacy Policy.

Section IX - Transitional and final provisions

Art. 17. (1) When updating these General Terms and Conditions, the Merchant shall be obliged to inform Users of the changes made by publishing a notice in a prominent place on the website and providing access to the updated text.

(2) The amended version of the General Terms and Conditions shall be effective for Users in the following cases:

1. Where, after express notification by the Merchant, the User has not stated within the 14 days provided that it rejects the changes made or
2. Where, after the updated Terms and Conditions have been published on the Website, the User has not declared within 14 days of their publication that they reject them or
3. The User has expressly agreed to the amendments by ticking the relevant box or other unambiguous confirmatory action.

(3) If the User rejects the amended General Terms and Conditions within the specified period, the Merchant shall have the right to suspend the provision of services while reserving the right to complete orders already requested and in the process of execution.

Art. 18. (1) The possible invalidity of individual clauses of these General Terms and Conditions or the annexes thereto shall not affect the validity and enforceability of the remaining provisions and of the document as a whole, following the principle of preservation of the contract established in Article 26, paragraph 4 of the Obligations and Contracts Act.

(2) Invalid or unenforceable clauses shall be replaced by mutual agreement of the parties with valid ones corresponding to the original meaning and purpose of the replaced contractual provisions. In a disagreement regarding their content, the relevant statutory provisions governing similar legal relationships shall apply by analogy.

Art. 19 (1) All disputes arising between the Merchant and the Users shall be settled in a spirit of mutual understanding, good faith, and constructive dialogue. If no voluntary agreement is reached, all unresolved disputes arising out of or relating to these General Terms and Conditions, including disputes concerning their interpretation, validity, performance, or termination, shall be subject to resolution by the competent Bulgarian court at the registered office of the Merchant, following the provisions of the Code of Civil Procedure.

(2) The consumer shall be informed of the possibility to use alternative means of dispute resolution, including:

1. Refer the dispute to the relevant consumer protection conciliation commission;
2. The initiation of a mediation procedure under the provisions of the Mediation Act;
3. Using the European Union's online dispute resolution platform, available at https://ec.europa.eu/consumers/odr/;
4. Other means of alternative dispute resolution are provided for in applicable law.

(3) These Terms and Conditions have been drafted following the requirements of Bulgarian and European Union law and come into force on the date of their publication on the website. 

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