Conditions d'utilisation

GENERAL TERMS AND CONDITIONS

 

Section 1: Definitions, general information about the Online Store, execution and scope of the agreement.

  • Definitions.

  • 1.1.1. Eljoy AD, „the Company”, „we” or„our”: the company Eljoy AD, which is registered in the Republic of Bulgaria;

    1.1.2. „the Website”/ „the Site”: a dedicated location in the global internet network, which is accessible via its unique resource locator (URL), HTTP, HTTPS or another standardized protocol, and which contains files, programs, text, sound, picture, imagery, or other materials and resources;

    1.1.3. „Online Store”: www.econicone.com, as owned by the company Eljoy AD, which markets its products via the internet;

    1.1.4. „Store-managing entity”: Eljoy AD, which is also the owner of the Online Store www.econicone.com;

    1.1.5. „Consumer”/ „Customer”: any individual, who has access to and/or has agreed to these General Terms and Conditions, and who acquires goods or uses services not intended for the transaction of any commercial or occupational business, as well as any individual, who, being a party to an agreement governed by the Act, acts outside the framework of their commercial or occupational business (§13, Cl. 1 of the Supplementary Provisions of the Consumer Protection Act);

    1.1.6. „Sale price”: the final price per unit or given quantity of goods or services, inclusive of value added tax;

    1.1.7. „Product”, „Good” or „Services”: all electric bicycles and other similar and/or derivative products marketed by Eljoy AD on www.econicone.com;

    1.1.8. „Workdays”: every Monday, Tuesday, Wednesday, Thursday, and Friday, except for the days designated as national and official holidays within the Republic of Bulgaria;

    1.1.9. „Order lead time”: the time required by the Online Store to make ready the ordered consignment and dispatch it to a courier, according to the Customer-selected delivery method;

    1.1.10. „Delivery time”: the time period required to deliver the good to the Customer via a courier company;

    1.1.11. „Courier”/ „Courier company”: the individual or legal entity responsible for delivering the good to the consumer.

    1.1.12. „Online payment”: a swift, direct money transfer made on the internet;

    1.1.13. „Factory and/or Manufacturing defect”: is a defect occurring as a result of wrong assembly and/or defect in the input materials used to make the item;

    1.1.14. „Unauthorized paint or chrome”: any modification with paints and linings other than the factory-made ones.

    1.1.15. „Product page”: a product page is an internet page of the Website, which contains the characteristics and specifications of the product marketed by the Online Store, its price and shopping button enabling the online ordering of the product. The product pages are subpages of the Online Store section, at:https://econicone.com/collections/ebikes;

    1.1.16. „Click&Collect option”:receipt of the Goods at an authorized partner store of Eljoy AD, which requires selection of the desired stores from the location module in the Shopping Cart page. You can see a list of all locations here: https://econicone.com/pages/store-locator.


  • General information about the Online Store.

  • 1.2.1.Eljoy AD is a company registered with the Commercial Register and Register of Non-Profit Legal Entities at the Registry Agency, in conformity with the Commercial Act of the Republic of Bulgaria. The Company is registered with uniform ID code 206157003.

    1.2.2. The Company’s seat and registered office is in the Republic of Bulgaria, city of Varna, Mladost area, Western Industrial Area quarter, Western Logistics Park (Brewing Factory), Administrative building, fl. 1.

    1.2.3. The Company’s contact address is in Republic of Bulgaria, city of Varna, Mladost area, Western Industrial Area quarter, Western Logistics Park (Brewing Factory), Administrative building, fl. 1; e-mail:cusotmercare@econicone.com ; website:https://econicone.com/.

    1.2.4. The company Eljoy AD is registered under the Value Added Tax Act of the Republic of Bulgaria, with ID № BG 206157003.


    1.3. Execution and scope of the agreement.

    1.3.1. These General Terms and Conditions shall govern the relations between Eljoy AD and the users of the services marketed by Eljoy AD via thewww.econicone.com website. They shall be binding for Customers. By viewing the pages, clicking on the objects or the links present on the pages ofwww.econicone.com, or by ticking the relevant field next to “I have read and do hereby agree with the General Terms and Conditions“, the customers shall agree, accept and undertake to comply with these General Terms and Conditions. 

    1.3.2. Acceptance of these General Terms and Conditions by the Customers of the Website, by way of ticking the field next to “I have read and do hereby agree with the General Terms and Conditions“ shall be a mandatory prerequisite for the execution of a remote sale-purchase agreement between the Online Store and a Customer.

    1.3.3. By ticking the field next to “I have read and do hereby agree with the General Terms and Conditions“ when an order is placed by a Customer, whether or not the latter has a registration in the Website, the Customer shall cause the undisputable assumption that:

    1.3.3.1. The Customer has read the General Terms and Conditions prior to accepting them. By ticking the field next to “I have read and do hereby agree with the General Terms and Conditions“, the Customer shall make an electronic statement within the meaning of the Electronic Document and Electronic Trust Services Act of Republic of Bulgaria, stating that he/she is familiarized with these General Terms and Conditions and accepts them in their entirety;

    1.3.3.2. The Customer has made a proposal to execute a remote sale-purchase agreement (If the Customer is „a consumer“ under the Consumer Protection Act).

    1.3.4. The products in the Website are intended for use by persons aged at least 16. By accepting these General Terms and Conditions and by ticking the field next to “I have read and do hereby agree with the General Terms and Conditions“, the Customer shall confirm that they are aged at least 16. Eljoy AD shall bear no liability should such information be proven false. 


    Section 2: Ordering, price and method of payment.

    2.1. Ordering the Goods.

    2.1.1. The Online Store shall only accept orders via the website, which is accessible atwww.econicone.com.

    2.1.2. To properly place an order, the Customer must have a personal email address and phone number. The selected product can be ordered by adding the item to the basket and filling in the relevant registration form, or by way of a fast-track order without registration.

    2.1.3. Responding to the order, the Online Store will automatically send an electronic copy of the Customer-placed order. It is a confirmation that the Customer-placed has received an automatic number.

    2.1.4. After processing the order, the Online Store will contact the Customer to clarify the order details by sending an email message to the address stated by the Customer in order to:

    2.1.4.1. Confirm acceptance of the order – in such cases the sale agreement shall be executed on the day of confirmation. By accepting these General Terms and Conditions, the Customer expressly and unconditionally agrees that a copy of the remote sale agreement be sent to them on a medium other than hardcopy.

    2.1.4.2. Refuse to accept and fill the order.

    2.1.5. Eljoy AD shall prepare the orders and hand them over to a courier within the deadline stated in each product’s product page. The Company shall be entitled to change the deadline, whereas in such case a follow-up notification email will be sent to the Customer. After handing over the goods toa courier, the Customer shall receive a tracking number for the order (consignment). The time between the order’s handover by Eljoy AD to a courier until the Customer’s receipt of the ordered goods shall depend on the deadlines announced by the courier company utilized, with Eljoy AD bearing no liability for delays.

    2.1.6.  By ticking the relevant field next to “I have read and do hereby agree with the General Terms and Conditions“, the Customer shall agree with  these General Terms and Conditions, as they are on purchase day. This shall also mean that the Customer agrees that the personal data provided by them be used by the Online Store to fill the order, as well as for marketing and advertising purposes, and for collection of feedback opinions concerning the quality of the service provided by the Online Store.

    2.1.7. In case of sales under promotional terms, the orders shall be filled by the Online Store according to the timing of their receipt, until exhaustion of the quantities and/or expiry of the periods fixed for the particular promotion. Each promotion shall have its own terms, which may be found in the Online Store’s pages. When using promotional codes customers may not use two codes simultaneously. In case two codes have been entered, the last code entered shall be considered the valid one.


    2.2. Changing the order.

    2.2.1. The Customer shall be entitled to make changes in their order before receiving a notification from the Online Store that the goods have been handed over to the courier company. 

    2.2.2. The Customer shall be entitled to make changes in their order even after handover to the courier company, but in such case all costs incurred in returning the goods to the factory and the delivery amount of the corrected order shall be borne by the Customer.

    2.2.3. To make changes in the order, please, contact us at this email: customercare@econicone.com.


    2.3. Issues with the filling of orders.


    2.3.1. The filling of orders may be impeded by any of the following causes:

    2.3.1.1. The ordered product is not available. In such case the Store will notify the Customer of the delay with a follow-up email;

    2.3.1.2. The Customer has stated wrong or incomplete delivery information – name, address, telephone, postal code, email address, etc.;

    2.3.2. In case of prevented delivery of the Product, which is attributable to the Store, the re-sending of the ordered product will be to the Store’s cost.

    2.3.3. In case of prevented delivery of the Product, which is not attributable to the Store, the re-sending of the ordered product will be to the Customer’s cost.


    2.4. Price of the Goods.


    2.4.1. All prices published on the Online Store’s pages are in Euro (EUR), inclusive of VAT, pursuant to the Value Added Tax Act of the Republic of Bulgaria. 

    2.4.2. The tax referenced in the preceding paragraph shall be accrued to individuals and legal entities from EU member-states, who/which have no VAT registration, until an obligation arises forEljoy AD to obtainVAT registration in the EU member-state.

    2.4.3. A zero-rate VAT shall be applied to customers holding a valid ID number for VAT purposes, as issued by an EU member-state, for Intra-Community supply (ICS) of goods, pursuant to Art. 13 of VAT Act, with VAT reverse-charged pursuant to Bulgarian laws.

    2.4.4. Customers not located within an EU member-state may request an invoice net of VAT by stating this preference in advance via email to  customercare@econicone.com, prior to finalizing their order, whereas they shall pay for their order via bank transfer.

    2.4.5. The Online Store shall be entitled to make changes in the characteristics of the published products, as well as in any other content on the Website. Customers shall be deemed to have been informed of and to have agreed with the changes as of the date of publication thereof.

    2.4.6. The Online Store shall bear no liability in case of any inconsistency between a product’s price, as presented on the Website, and that product’s actual price. In case the price published on the Website is lower than the actual price, the Online Store shall reserve the right to ascertain the error within a 14-day period and refuse the order by sending a notification to the Customer. In case the price stated in the Online Store is higher than the actual price, the Customer will be refunded the overpaid amount.

    2.4.7. The Customer shall pay for the purchased goods and all expenses relating to the delivery, unless when it is expressly stated that the delivery will be to the Online Store’s cost.


    2.5. Method of payment.

    2.5.1. The payment, which must be received in EUR prior to delivery of the product, may be made by the Customer in the following ways:

    2.5.1.1. A conventional bank transfer: After placing the purchase order by selecting a “Bank Transfer” method of payment, the Customer shall receive an invoice via email, which must be paid within 5 business days to the following bank account of Eljoy AD: 

    Bank name: DSK Bank; 

    Bank address: Republic of Bulgaria, city of Sofia, 1, Tsar Kaloyan St.;

    SWIFT/BIC: STSABGSF;

    EUR Bank account IBAN: BG57STSA93000027281672;

    BGN Bank account IBAN: BG97STSA93000027280758. 

    2.5.1.2.  E-transfer / Bank Card Payment: After placing the purchase order by selecting an “E-transfer / Bank Card Payment” method of payment, the Customer shall pay by means of a bank card (Visa, Maestro, MasterCard, American Express, Carte Bancaire). 

    2.5.1.3. PayPal: After placing the purchase order by selecting a „PayPal” method of payment, the Customer must look at PayPal’s module, where you can use your PayPal account to confirm the payment.

    2.5.1.4. Split IT: After placing the purchase order by selecting a ”Split IT” method of payment, the Customer will be redirected to the Splitit Monthly Payments module, where they must select the number of monthly payments (between 2 and 6 months) for deferred payment and enter a valid bank card (Visa, Mastercard, UnionPay). In case of failure to make any monthly payment, the Customer shall be liable to Split IT. 

    2.5.1.5. The Online Store may temporarily deactivate a particular method of payment or add new methods of payment in view of current marketing campaigns. In such case the complete terms and conditions will be published on the advertising campaign’s page in the Online Store.

    2.5.1.6. Suspension of any particular method of payment shall not terminate its execution if payment has commenced by using that method, before it is suspended by another marketing campaign.

    2.5.2. The order filling period shall start running as of the day on which Eljoy AD’s bank account is credited with the amount of the relevant sale price for the order. 

    2.5.3. If the amount is not credited to Eljoy AD’s bank account within 7 business days of the order’s date, if the bank transfer payment option is selected, the Online Store shall be entitled to cancel the order.  

    2.5.4. When a payment option identified in clauses 2.5.1.2, 2.5.1.3, and 2.5.1.4 has been selected prior to a valid payment being made by the Customer, the order cannot be completed and sent for processing to the Online Store. 


    Section 3: Delivery.

    3.1. Delivery of goods.

    3.1.1. The Goods ordered from the Online Store shall be delivered to the Customer by a courier company, depending on the delivery address and country provided.

    3.1.2. Deliveries shall be made by a courier company selected by the Online Store. In certain cases the Customer shall have the option to choose among several delivery options, as provided by the Online Store. The Online Store shall reserve the right not to comply with the Customer’s preference. 

    3.1.3. The Customer may select the option to receive the Goods at an authorized partner store of Eljoy AD, whereas for such a purpose they need to select the desired store from the locations module in the Shopping Cart page. You can see a list of all locations here:https://econicone.com/pages/store-locator

    3.1.4. The Store shall bear no liability for any delays in the delivery of the goods, where such delays are attributable to the courier companies.

    3.1.5. The Store shall bear no liability for the failure to send goods or for the delayed delivery attributable to the delivery address having been wrongly or inaccurately identified by the Customer.

    3.1.6. Once the Customer has been informed by the relevant courier company about the delivery of the Goods and has not received their order to schedule, the goods will be returned to Eljoy AD, pursuant to the relevant courier company’s terms and conditions.


    3.2. Product claims.


    3.2.1. Prior to receiving the Goods from a courier or authorized dealer (in case of delivery with the Click&Collect option), the Customer shall be obliged to inspect it visually and, should they find a defect,:

    3.2.1.1. not to accept the good, in case the courier company has such a policy in place. In case of refusal to accept the order, the Customer shall be obliged to describe the relevant defect in a statement or otherwise. 

    3.2.1.2. accept the good in case the courier company does not have a policy allowing refusal to accept the delivery in case of any shipment defect. In such cases the Customer shall be obliged to announce their claim to the courier at receipt.

    3.2.1.3. Notwithstanding that, the Customer may have either refused the delivery pursuant to Art. 3.2.1.1., or may have accepted the delivery and announced a claim, pursuant to Art. 3.2.1.2, the Customer shall be obliged to notify Eljoy AD within 24 of the existence of shipment defect , as well as send photos and description of the defect(s) to:customercare@econicone.com.
    3.2.2. The Customer shall be obliged to fulfil the requirements stated in Art. 3.2.1.1, Art. 3.2.1.2., and Art. 3.2.1.3., so that damages resulting from transportation or wrong assembly by the authorized dealer (in case of delivery with the Click&Collect option) may be proven, so that assistance may be provided by Eljoy AD.

    3.2.3. Should the Customer accept the consignment without any claim for shipment defects or should the customer fail to fulfil any of the terms stated in Art. 3.2.1.1, Art. 3.2.1.2., and Art. 3.2.1.3., then the Customer shall have no right of claim in regards to any shipment defects detected subsequently.

    3.2.4. The claim shall be a mandatory prerequisite to trigger the liability of Eljoy AD. This shall not apply to any latent defects of the Good.



    Section 4: Rejection and return of goods.


    4.1.
    Right of rejection.


    4.1.1.
    Within 14 calendar days of order placement by the Customer, the latter shall be entitled to reject the executed remote sale agreement without stating due cause, with a refund guarantee for the amounts already paid. The money will be refunded upon arrival of the Good at the following address: Republic of Bulgaria, city of Varna, Mladost area, Western Industrial Area quarter, Western Logistics Park, 8, Neptune St. (Brewing Factory), Administrative building, fl. 1.

    4.1.2. The right of rejection detailed in Art. 4.1.1. may only be exercised if the following prerequisites are cumulatively met:

    4.1.2.1. If the total bicycle mileage is below 50 km;

    4.1.2.2. If the bicycle is returned in its original packaging;

    4.1.2.3. If the bicycle’s integrity, fitness, and commercial appearance have not been prejudiced;

    4.1.2.4. If the 14-day rejection period has not expired.

    4.1.3. A mandatory prerequisite to exercise the right of rejection is a written notification sent tocustomercare@econicone.com and addressed to the Seller, containing an unambiguous statement of rejection. The contents and format of such notice shall be according to a sample form, which should be downloaded from the „Refund Policy” page, filled in and then sent to the foregoing email address.

    4.1.4. In order to meet the rejection deadline, it shall be required and sufficient for you to send your notification as per Art. 4.1.3 above in the stipulated form, until the same hour of the 30th day as of the time of order confirmation.


    4.2. Return of goods in case of rejection.


    4.2.1.
    In case Goods have already been received under the agreement at the time of exercise of the right of rejection, then you must send the Goods back to the following address: Republic of Bulgaria, city of Varna, Mladost area, Western Industrial Area quarter, Western Logistics Park, 8, Neptune St. (Brewing Factory), Administrative building, fl. 1. The products must be handed over to a courier within 14 calendar days of Eljoy AD’s confirmation of the return statement. 

    4.2.2. Eljoy AD may refuse return of the product if it lacks commercial appearance, if it is damaged or sent back not in its original packaging. Any shipment back to the Customer shall be at the latter’s cost. Prior to Courier’s delivery of the Goods at the address stated in Art. 4.2.1. above, any accidental loss or damage shall be entirely to the consumer’s risk. 

    4.2.3. The consumer shall be obliged to preserve the integrity and quality of the Goods acquired from the Store until the time of their return.

    4.2.4. In case the right of rejection is exercised, the shipment costs for the return shall be paid by the consumer in all cases.

    4.2.4.1. In case the Customer has selected the option of receiving the electric bicycle from an authorized dealer of Eljoy AD (Click&Collect option) and the right of rejection has been exercised, the Customer must also reimburse the costs relating to the dealer’s commission remuneration for the Click&Collect service, which may vary between 100 to 250 EUR.

    4.2.5. The buyer’s right to reject the agreement pursuant to the above provisions may not be exercised in case the delivery of goods or services and the price thereof has been affected by financial market fluctuations beyond the merchant’s control, which fluctuations may occur during the period for the exercise of the right of rejection.


    4.3. Effects from the exercised right of rejection.


    4.3.1
    Where a rejection has been exercised as per Art. 4.1. and Art. 4.2. above, the Goods and the payments received from the parties shall be returned and refunded. The Online Store shall refund the payments made by the Customer, provided the terms stated in Art. 3.2.2., Art. 4.2.1, Art. 4.2.2, Art. 4.2.3, Art. 4.2.4 and Art. 4.2.5. above have been fulfilled.

    4.3.2. Should the Goods be returned in poor shape, the Store may refuse to take them back, whereas in such cases the Store shall retain the price paid and shall return the Goods to the Customer.

    4.3.3. Upon receipt of the returned Goods, a representative of Eljoy AD shall send an email certifying the receipt or the refusal to receive the Goods.


    4.4. Refunds in case of rejection.


    4.4.1.
    Should the consumer reject the agreement pursuant to the above provisions, Eljoy AD will refund all payments received, except for the shipment expenses.

    4.4.2. Eljoy AD shall refund the payments received no later than 14 calendar days following receipt of the returned Goods, using the same method of payment, as the one selected for the original transaction, or another method, if agreed in writing between the parties.


    Section 5: Manufacturer’s warranty and liability.


    5.1. Warranty.


    5.1.1.
    Eljoy AD shall provide a warranty for its bicycles, which shall cover basic bicycle components, such as frame, fork, brakes, motor, battery, controller, and charging device. Excluded from the warranty shall be all elements, which are subject to natural wear-and-tear. The warranty shall be provided, as follows:

    5.1.1.1. For factory defects: Over a period of 24 (twenty-four) months, as of the day of receipt of Customer’s order;

    5.1.1.2. For paint and frame polishing, excluding the rigging bearings: Over a period of 36 (thirty-six) months, as of the day of order confirmation;

    5.1.1.3. For the battery: Over a period of 24 (twenty-four) months, as of the day of receipt of Customer’s order;

    5.1.2. The two-year warranty for the battery shall only apply to batteries used in full conformity with the instruction on how to operate lithium-ion batteries, namely:

    5.1.2.1. Recharge the battery indoors, at a temperature of 15°C - 25°C, on non-flammable surfaces.
    5.1.2.2. If only the original charging device has been used.
    5.1.2.3. Do not expose the battery or charging device to any direct sunlight while recharging.
    5.1.2.4. Recharge the battery at a safe distance from moisture and water.
    5.1.2.5. Avoid leaving the battery exhausted for extended periods.

    5.1.2.6. Remove the battery if the bicycle will not be used for an extended period of time, the best charge level being 50%.
    5.1.2.7. Ensure a full cycle of recharging and exhausting the battery once every two months.

    5.1.3. By way of acceptance of these General Terms and Conditions, the Customer has been notified that the batteries are subject to a 40% (forty percent) loss of capacity over a period of 24 (twenty-four) months as of the day of first use.

    5.1.4. The warranty shall not cover any defects arising from:

    5.1.4.1. Poor maintenance of the bicycle;

    5.1.4.2. Any unauthorized paint and chrome;

    5.1.4.3. Wrong assembly;

    5.1.4.4. Putting incompatible components together;

    5.1.4.5. Any repairs carried out by an unauthorized entity;

    5.1.4.6. Improper use of controllers or motors other than those installed by Eljoy AD;

    5.1.4.7. Negligence caused by erroneous care for the battery;

    5.1.4.8. Recharging batteries with a charging device other than the one provided by Eljoy AD;

    5.1.4.9. Any damage on the bicycle caused by a plunge and/or a drop;

    5.1.4.10. Wrong use and operation of the bicycle (competitions, jumps, extreme ride-downs) or use by a person, whose weight exceeds the maximum limit recommended for the given model;

    5.1.4.11. Willfully cause damage;

    5.1.4.12. Any collision, plunge, and other force majeure circumstances;

    5.1.4.13. Any corrosion caused by wrong storage in an unsuitable environment;

    5.1.4.14. Unsuitable shipment;

    5.1.5. The warranty shall not cover any defects arising from depreciation of the following components:

    5.1.5.1. tires (interior and exterior);

    5.1.5.2. wheels, spokes;

    5.1.5.3. pedals;

    5.1.5.4. handles;

    5.1.5.5. chain, gear wheels;

    5.1.5.6. All bearings for the bicycles;

    5.1.5.7. cabling unit and transmission cables;

    5.1.5.8. seat;

    5.1.5.9. brake system;

    5.1.5.10. cassette;

    5.1.5.11. Bell;

    5.1.5.12. nipples;

    5.1.5.13. hydraulic hoses and all other parts subject to wear-and-tear.

    5.1.6. The proof of purchase, i.e. the invoice or receipt, as well as the warranty card are mandatory prerequisites to consider warranty claims. The warranty shall only apply to the original, sole owner of the bicycle. In case of return of goods the Customer shall contact an operator servicing the Store via the contact form on the website, at this email:customercare@econicone.com . In case any of the prerequisites stated in this article has not been met, Eljoy AD shall be entitled to determine at its sole discretion whether or not to satisfy the warranty. 

    5.1.7. The commercial warranty shall be valid in the cases where the damage has resulted from a latent manufacturing defect in the bicycle’s components, such damage having occurred during the warranty period. Only the authorized stores and service shops of Eljoy AD may determine any damages, and only Eljoy AD and its representatives may determine whether or not such damages are covered by the warranty. Where a bicycle is sent to a service shop for repair work, it has to be shipped in its original packaging/box. 

    5.1.8. The shipment / courier expenses from the Customer’s address to the service shop shall be covered by the Customer. The cost to ship the repaired bicycle from the service shop to the Customer shall be borne by Eljoy AD. Where a mobile service shop is used or called to repair a bicycle, the costs for the mobile service shop’s engagement and shipment of the bicycle shall be borne entirely by the Customer.

    5.1.9. You can find the nearest service shop / authorized store here: https://econicone.com/pages/store-locator.

    5.1.10. The cut-off date for considering a warranty claim shall be 30 calendar days as of the date of receipt of the returned goods at the Store/ service shop. The warranty period shall be extended with the time required for the repairs (if needed).

    5.1.11. The claim shall be satisfied in every case of manufacturing defects. In case the warranty claim is recognized, depending on the defect’s severity, the Customer will receive removal of the defect, a flawless substitute, or a refund of the amount paid for the Goods purchased.

    5.1.12. Eljoy AD shall bear no liability for any loss of time or any discomfort caused during the repair of the bicycle, as well as for any other damages or profits lost, as arising from the product’s defect, or for any delays in the processing of warranty claims.

    5.1.13. Eljoy AD  shall bear no liability for any damages not attributable to a manufacturing defect.

    5.1.14.All optimal Company-stated indicators regarding use of the bicycle and/or battery, such as maximum mileage for one battery recharging cycle, shall only be valid if the Product is operated under the most favourable conditions and in accordance with the operation manual. Eljoy AD shall bear no liability for less than best performance of the bicycle and/or battery, if those have been used under conditions other than the most favourable ones.


    Section 6: Liability.


    6.1.
    Liability.

    6.1.1. When purchasing a bicycle, the Customer shall be aware that riding electric bicycles may be hazardous and risky. 

    6.1.2.When riding an electric bicycle, the consumer shall be aware that they are obliged to:

    6.1.2.1.Use light-reflecting elements on the visible parts of their apparel during the dark hours of the day and/or in case of reduced visibility to enable the Customer’s easy detection;

    6.1.2.2.Ride when the braking system of the personal electric vehicle in use is in good working order;

    6.1.2.3. Use a helmet if aged up to 18.

    6.1.3. Eljoy AD shall bear no liability if the Customer loses the passport with the unique ID and PIN code of their bicycle. 

    6.1.4. Eljoy AD shall bear no liability for any damages caused to the telecommunication facilities, software, and hardware, or for any loss of data arising from any materials or resources used in any manner whatsoever via the Website.


    Section 7: Governing law and competent court.


    7.1. Governing law and competent court.


    7.1.1.
    The laws of the Republic of Bulgaria shall apply to these General Terms and Conditions and all agreements entered into by the company Eljoy AD. In case of any disputes arising from or on account of the General Terms and Conditions, the parties shall undertake to make efforts to resolve such disputes in the spirit of understanding and mutual compromises. Should the parties fail to reach agreement, their dispute shall be conclusively resolved by a competent Bulgarian court.

    7.1.2. Pursuant to Art. 105 et seq. of the Consumer Protection Act of Republic of Bulgaria, the Goods have legal guarantee for their consistency with the sale agreement, which is expressed by the circumstance that the Supplier (under the other terms and conditions of the Consumer Protection Act of Republic of Bulgaria) is liable for any lack of consistency between the Goods and the sale agreement, which has been existent at the time of delivery of the Goods and is manifested within two years of their delivery, even if the Supplier was not aware of the inconsistency. Pursuant to Art. 123 and Art. 126 of the Consumer Protection Act of the Republic of Bulgaria, the consumer (when they have the capacity of consumer within the meaning of the Consumer Protection Act) may put forward a claim for the Services within 14 (fourteen) calendar days of finding the inconsistency between the Services and what was previously agreed.

    7.1.3. In case the consumer is a national of any EU member-state, their rights shall be determined according to EU laws.

    7.1.4. Pursuant to Directive 2013/11/ЕС, The Customer has the option of resolving consumer disputes by way of the Alternative Dispute Resolution procedure within the European Union. In case a dispute occurs on account of any purchase made online, the website  https://webgate.ec.europa.eu/odr/main/?event=main.home.show may be used for out-of-court dispute resolution.


    Section 8: Personal data.


    8.1. Protection of personal data.


    8.1.1.
    The personal data provided by Customers to the Store shall be processed by Eljoy AD. Eljoy AD is registered as a Data Controller by the Commission for Personal Data Protection under number 417028.

    8.1.2. After placing a purchase order with the Store, the Customer shall consent to the adding of his/her personal data to the Store’s database, as well as to the processing of such data in performance of the agreement. The Customer’s provision of personal data and his/her consent for their processing are required in order to fill the order. The Customer shall bear liability for providing false personal data.

    8.1.3. The personal data provided shall be used solely for the purpose of order acceptance and filling, for bulletin subscription, for communication with the Customer in case of any order-related issues, and to improve the service of www.econicone.com.

    8.1.4. Eljoy AD hereby warrants that such personal data will not be disclosed to any third parties in any form whatsoever, or used for any purposes other than those listed in Art. 8.1.3 above.

    8.1.5. if necessary, Eljoy AD shall have the right to share the Customer’s personal data with other companies as regards filling the order. Such companies may only use the Customer’s personal data to process the order.

    8.1.6. By accepting these General Terms and Conditions, the Customer states an express consent, pursuant to Art. 6, Para. 1 and Para. 4 of the Electronic Trade Act of the Republic of Bulgaria, to receive commercial messages, including bulletins, or proposals to purchase goods.

    8.1.7. The personal data provided shall be stored and protected in compliance with the principles set forth in the Personal Data Protection Act of the Republic of Bulgaria.


    Section 9: Final provisions.

    9.1. These General Terms and Conditions have been updated and shall enter into force as of 26.07.2021, being valid indefinitely.

    9.2. Eljoy AD shall have the unlimited right to modify these General Terms and Conditions. All modifications shall enter into force as of the date of their publication, with the Consumers being obliged to track on their own such modifications. In such event, by using the Website, the Consumer shall agree to the new Terms and Conditions. 

    9.3. Should any clause of these General Terms and Conditions be invalid, this shall not result in invalidity of the overall General Terms and Conditions.

    9.4. The Online Store uses „cookies“ on various pages to enable the use of certain functions. These are small text files stored on the customer’s computer. Following the browser session most Customer-used „cookies“ will be erased from the device’s hard drive (the so-called session cookies). The so-called long-term cookies are also used. In case of a follow-up visit of the Website, those cookies will automatically recognize  that you have been with us, as well as what entries and settings you prefer. You may object to the use of “cookies” by selecting the relevant setting of your browser but we would like to point out that in such case you would not be able to make use of the Website’s complete functionality.

    9.5. Eljoy AD’s staff have an obligation not to disclose the information coming into their knowledge on account of performance of their occupational duties.
     


    Section 10: Intellectual property.

    10.1. The trademark „Econic one”, which is property of Eljoy AD, may not be used in relation to any products or services not belonging to Eljoy AD, in any manner capable of causing confusion among customers or in any manner whatsoever, which disparages or discredits Eljoy AD. 

    10.2. Mark Registration

    10.3. The descriptions of products and their photos are taken from a database owned by Eljoy AD. It is prohibited to make any commercial use of the product information obtained from Eljoy AD’s database, except for the cases where the user is an official business partner and the materials have been made available byEljoy AD.