Terms & Conditions

1. SUBJECT
This document represents the general terms or conditions for use in the online store of simgear.bg

2. BUSINESS DATA

2.1. OWNERSHIP 
""SIM GEAR"" Ltd. is the sole owner of the online store simgear.bg. The company's headquarters is in Burgas, Tsar Kaloyan St. 94, fl.5, UIC: 207321306.

2.2. ADMINISTRATOR
""SIM GEAR"" Ltd. is the administrator in the online store simgear.bg.

2.3. EXECUTOR
""SIM GEAR"" Ltd. executes and coordinates all orders made on the site simgear.bg.

2.4. SUPPORT
""SIM GEAR"" Ltd. performs all activities related to technical support offered as support. In case of externally hired individuals and organizations, their assistance is regulated in a separate contract with the executing company.

3. DEFINITIONS

3.1. CLIENT
Any individual over 18 years of age or legal entity meeting one or more of the following conditions:

• Gains access to the platform's content;
• Makes orders after creating a registration or as a guest (without registration);
  
  

3.2. USER
Any individual or legal entity that has registered on the platform and agreed to the general terms.

3.3. VISITOR
Any individual or legal entity that intentionally or accidentally lands on the site and uses the site's resources but does not have a registration on the platform.

3.4. PARTNER
Legal entities that have a registration on the site and receive preferential prices for the purpose of reselling goods and services offered by us.

3.5. INFLUENCER
Individual or legal entity that has applied and been approved for our partner program aimed at influencers and streamers.

3.6. SITE
The online store hosted at simgear.bg.

3.7. PLATFORM
The site or mobile application of simgear.bg.

3.8. PROFILE
A section in the platform, formed by an email address and password, allowing the Client to place an order and containing information about the Client, Order History, Invoices, Reward Points, and more. The Client is responsible for ensuring all information entered in the Profile is true, complete, and up-to-date.

3.9. FAVORITES
A section in the profile that allows the Client to create a list of favorite products to monitor for potential future purchases.

3.10. COMPARE
A section on the site allowing any client, user, visitor, partner, or influencer to compare two or more products using the parameters described in the characteristics of each item/category.

3.11. CART
A section in the platform that allows the Client to add products they wish to buy at the time of adding them or at a later stage.

3.12. ORDER
An electronic document representing a communication form between SIMGEAR and the Client, through which the Client declares to the seller, via the Platform, their desire to purchase products or services.

3.13. CAMPAIGN
Any advertising message aimed at promoting the Platform, the brand simgear.bg, or certain goods offered in limited quantities, unless explicitly stated otherwise in the commercial message.

3.14. CONTRACT
Represents the distance contract concluded between the Seller and the Client for the purchase and sale of goods and/or services through the Platform, based on and inseparable from which are these general terms of use.

3.15. CONTENT

• Information on the Platform accessible via an internet connection and using a device with an internet connection. This includes text, tabular values, images, video;
• The content of any message from the Client to simgear.bg, sent via electronic means and/or any other available communication means;
• Any information provided, in any possible way, by an employee/associate of simgear.bg through electronic or other means for remote transmission;
• Information on the Platform related to the Goods and/or Services and/or applied rates by the Seller at a certain period of time;
• Information on the Platform concerning Clients and related to the Goods and/or Services and/or applicable rates from third parties with whom the Seller has concluded partnership agreements in some form;
• Data regarding the Seller on the Platform;
  
  

3.16. COMMERCIAL MESSAGES
All types of messages sent through electronic communication channels (such as email, SMS, mobile device push/web push, etc.), containing general and thematic information, information about similar or suitable products to those purchased, information about offers or promotions from simgear.bg, information about Goods and Services added in the ""Profile / Cart"" section or in the ""Profile / Favorites"" section, as well as other commercial messages such as market and consumer surveys.

3.17. TRANSACTION
An action by simgear.bg to refund an amount paid by the Client as a result of cancellation, termination, refusal, or non-conclusion of a purchase-sale contract through the Platform, carried out solely by bank transfer.

3.18. CHARACTERISTICS
All technical specifications and/or descriptions of the Goods and Services as specified in their description.

A written assessment by the holder or user of a product or service, based on the evaluator's personal experience and skills to make quality comments and express an opinion on whether the product or service meets the manufacturer's stated characteristics.

3.20. RATING
A method of calculating the level of satisfaction of a given Client regarding a specific product. The rating is expressed in the form of stars, with each product able to receive a rating from one to five stars. This level of satisfaction will always be accompanied by a review written by the Client for a given product or service.

3.21. PROMOTION
Represents a reference price, respectively the lowest price announced by the Seller for the last 30 days before the date of applying the reduced price of the Goods.

4. GENERAL PROVISIONS

4.1. The general terms of simracing.bg bind all Clients of the Platform.

4.2. Any use of the Platform means that you have (a) carefully read the general terms for its use and (b) agreed to comply with them unconditionally.

4.3. Simgear.bg reserves the right to update and amend the General Terms of the Platform periodically to reflect any changes in the way the Site operates and the conditions or any changes in legal requirements. The document may be opposed to Clients from the moment it is published on the Platform. In case of such a change, we will publish the amended version of the Document on the Platform, so please periodically check the content of this Document. The general terms in force at the time of concluding the distance contract between the Client and the Seller apply to each transaction through the Platform.

4.4. If any of the provisions of these general terms for the use of the Platform prove to be invalid or unenforceable, regardless of the reason, this does not entail the invalidity or unenforceability of the other provisions.

4.5. Simgear.bg makes serious efforts to maintain the accuracy of the information presented on the Platform. However, considering possible technical errors or omissions in this information, we clarify that product images are illustrative and guiding, and the delivered products may differ from the images.

4.6. Due to limited space and the sequential structure of the information, product descriptions may sometimes be incomplete. However, we strive to provide the most appropriate and important information.

4.7. All goods, including those on promotion/discount, are sold and delivered until quantities are exhausted, even if this is not explicitly noted on the Platform.

4.8. The Platform may contain links to other sites. Simgear.bg is not responsible for the privacy policy of websites it does not administer, as well as for other information contained therein.

5.1. The Client declares their desire to order and purchase Goods and/or Services through the Platform by placing an Order electronically, by phone, or in the chat application, which is registered by themselves or by a simgear.bg employee on their behalf.

5.2. Simgear.bg will send a notification to the Client for registering the Order in its system, which does not imply acceptance, confirmation, or commitment to its execution. This notification is made by simgear.bg electronically (email) or by phone.

5.3. The Seller has the right not to deliver part or all of the Goods or not to fulfill part or all of the Services from the Order for various objective reasons, including but not limited to stock depletion. In all cases, simgear.bg notifies the Client via email or phone. In this situation, the Seller's sole responsibility is to return any amount received in advance for the Goods or Services.

5.4. The distance purchase-sale contract between the Seller and the Client is considered concluded at the moment the Client receives an email and/or SMS notification sent to their phone that the Goods from the Order are ready for dispatch or the Service can be provided. Such a message contains a notification that the client will be additionally informed by a courier about the exact delivery date. 

5.5. The purchase-sale contract concluded between the Client and the Seller consists of these general terms and any possible additional agreements between the Seller and the Client. The warranty certificate for each Good will either accompany it or be loaded into the respective Client's Account, issued by the Seller or its supplier.

6. ONLINE SALES POLICY

6.1. Access to the Platform for the purpose of registering an Order is allowed to any Client.

6.2. Simgear.bg reserves the right at its discretion to limit a Client's access to placing an Order and/or to any of the possible payment methods if the Client abuses their rights in any way and this is to the detriment of simgear.bg or a third party. In this situation, the Client has the right to contact the ""Customer Relations"" department of simgear.bg to be informed about the reasons that led to the application of the above measures. In these cases, simgear.bg is not responsible for any damages the Client has suffered or may suffer as a result of this action.

6.3. The Client has the right to publish reviews about Goods and/or Services, as well as to contact Simgear.bg at the addresses listed in the ""contacts"" section of the Platform. Opinions or messages containing obscene words or inappropriate language will be removed from the Platform or ignored.

6.4. Communication with the Seller can be carried out through direct contact with them or at the addresses listed on the Platform in the ""Contact"" section.

6.5. In case of unusually high traffic on the internet network, simgear.bg reserves the right to require Clients to manually enter captcha validation codes to protect the information published on the Platform.

6.6. Simgear.bg may publish advertising or promotional information about the Goods and/or Services and/or those offered on the Platform for a certain period of time.

6.7. All prices of the Goods and/or Services on the Platform are final, announced in BGN (BGN) including VAT and all other taxes or fees required by law.

6.8. In the case of online payments or bank transfers, the Seller is not responsible for any costs related to fees, commissions, or other additional payments made by the Client or their bank regarding the transaction itself, as well as in cases of currency exchange applied by the bank that issued the client's card in cases where the currency is different from BGN (BGN). We recommend our clients to check with their bank for any additional fees that may be charged for online payments or those through a bank.

6.9. All images placed on the Platform are solely intended to provide some idea of the type of Goods/Services offered and not to represent them accurately. Accordingly, some of the images of the Goods or Services on the Platform (static/dynamic images/multimedia presentations, etc.) may not correspond to the appearance of the respective Goods or may create a misleading impression of the offered Service. The Seller will not be responsible for such discrepancies.

6.10. The Seller has the right to use subcontractors to fulfill its obligations under the distance sales contract concluded through the Platform without needing to notify or obtain the Client's consent for this. The respective Seller will be responsible for the actions of these subcontractors as if they were their own.

7.1. The Content, as defined in the ""Definitions"" chapter, including but not limited to logos, any graphic images or inscriptions, trade symbols, dynamic symbols, texts, and/or multimedia content on the Platform, are the exclusive property of Simgear.bg

7.2. Simgear.bg has and reserves all rights to intellectual property related in any way to the Platform, whether owned or obtained through contractual licenses or any other lawful means.

7.3. Nothing in the distance contract concluded between simgear.bg and the Client will be considered as permission from simgear.bg for the latter to copy, distribute, publish, provide to third parties, modify in any way any part of the Content, including but not limited to the content of trademarks, logos, multimedia content of the Platform, or descriptions of Products or Services, including by introducing any external content to the Platform, removing signs indicating simgear.bg's ownership of the Content. The Client is also not entitled to transfer, sell, distribute materials created by reproducing (copying), modifying, or publishing the Content, except with the express consent of simgear.bg.

7.4. The Client may copy, transfer, and/or use the Content only for personal non-commercial purposes and only in cases where this does not contradict the provisions of this chapter of this Document.

7.5. The Client has the right to use the Content for commercial purposes only if they have received written consent from simgear.bg for this and only for the part of the Content, in the manner and to the extent of its use, as well as within the time limits for which this consent is expressly given. Any subsequent or different use of the Content will be considered a violation of this contract between simgear.bg and the Client and a violation of simgear.bg's intellectual property rights, which has the right to seek the Client's liability for this.

7.6. The mere sending to the Client or referring to the Content or parts of it by simgear.bg will not be considered as consent from simgear.bg to allow the Client to use the Content or parts of it for their purposes, other than their personal needs, regardless of the means of communication used by SIMGEAR.

7.7. Any use of the Content for purposes other than those expressly permitted in these general terms or in other express written consent given by simgear.bg is prohibited.

8.1. The Client can place Orders on the Platform by adding the desired Goods and/or Services to the shopping cart, following the steps indicated on the Platform to complete and send the respective Order.

8.2. Any Goods and/or Services added to the cart can be purchased if available. Adding Goods and/or Services to My Cart without completing the Order does not lead to the registration of the order and the automatic reservation of the Goods/Services.

8.3. By confirming the Order, simgear.bg confirms the delivery of only one unit of the respective Goods in the registered order. The remaining units of the respective model Goods will be additionally confirmed or denied depending on the available quantities. Registering the Order is not equivalent to its confirmation.

8.4. The Client is obliged and responsible for ensuring that all data provided to simgear.bg in connection with the Order is true, complete, and accurate as of the date of sending the order.

8.5. By sending the order, the Client allows simgear.bg to contact them in any possible way when necessary in connection with the placed order or the concluded Contract.

8.6. The Seller has the right to refuse to fulfill (cancel) the Order made by the Client, for which they must notify the Client. The cancellation of the order does not entail any responsibility or subsequent obligation of either party to the other in connection with it, and accordingly, neither of them has the right to seek compensation from the other for its cancellation in the following cases:

• non-acceptance by the Client's issuing bank of the transaction in case of online payment;
• the execution of the monetary transaction, which does not lead to the receipt of funds in the Seller's account in case of online payments;
• the data provided by the Client on the Platform is incomplete and/or incorrect;

8.7. The Client exercises their right to withdraw from the distance contract within the period provided by the respective Seller, which cannot be shorter than the statutory one. This period starts from the date of conclusion of the Service Contract and from the date of receipt of the purchased Goods by the Client or a third party. The Client can contact regarding their withdrawal from the distance contract with simgear.bg at office@simgear.bg or the phone numbers listed on the Site. The Client can return the Goods by filling out the electronic form on simgear.bg here. In this case, a courier sent by simgear.bg will pick up the Goods from the address specified by the Client. For more information, visit the ""Return Conditions"" section. Any return of Goods purchased from simgear.bg, for which the electronic form on the Site is not used, is at the Client's expense.

8.8. The Seller is obliged to refund the price paid for the distance contract from which the Client has withdrawn within 14 (fourteen) days from the date on which they received proof from the Client that the latter has returned the respective Goods. The amount will be refunded as follows without incurring any additional costs for the Client by using the same payment method used by the Client in the initial transaction unless the Client has expressly agreed to use another payment method.

8.9. The Seller has the right to delay the refund in cases of withdrawal from the concluded Contract until the sold Goods are received or until proof is received that they have been sent, in case they have not offered to pick up the Goods themselves, whichever of the two events occurs earlier.

8.10. The right to withdraw from the concluded distance contract and return goods is available only to Clients who are consumers within the meaning of the Consumer Protection Act regarding the goods offered by simgear.bg, provided that the following conditions are met:

1. when more than one unit of a given brand and model of goods is ordered, the packaging of only one product has been opened, and the rest are returned to the Seller sealed;
2. when the order is for products purchased in a package at a package price, all products that make up the package will be returned;
3. when the product/Order was received with a gift, accompanying products, the respective gift or accompanying products will also be returned.

9. GOODS / SERVICES FOR WHICH THE CLIENT HAS NO RIGHT OF RETURN

The Client has no right to withdraw from the concluded Contract in the following cases:

• when providing services, where the service has been fully provided and its execution has begun with the Client's explicit prior consent and confirmation that they know they will lose their right of withdrawal once the contract is fully executed by the Seller;
• when delivering goods or services whose price depends on fluctuations in the financial market that cannot be controlled by the Seller and which may occur during the withdrawal period;
• when delivering goods made to the Client's order or according to their individual requirements;
• when delivering sealed goods that have been unsealed after delivery and cannot be returned due to hygiene or health protection reasons;
• when providing digital content not delivered on a tangible medium, when execution has begun with the Client's explicit consent, who has confirmed that they know they will lose their right of withdrawal.

10. CONFIDENTIALITY

10.1. The Client agrees that by providing any personal or other data to simgear.bg, they agree that it may be used by the latter for the following purposes:

1. maintaining the Client's profile, including registering orders, sending ordered products, fulfilling ordered services, invoicing, resolving disputes with Clients regarding their Orders, or handling their requests;
2. sending Commercial communications, periodic notifications via email or SMS;
3. conducting market research, tracking, and monitoring sales and customer/user behavior.

10.2. The Client agrees to provide simgear.bg with unlimited access in volume and time to any materials and information they send to the Seller through or in connection with the Platform, regardless of whether they have placed an Order and made a transaction through the Platform. Simgear.bg has the right to use, reproduce, publish, modify, transmit, and distribute this information or materials. The Client expressly agrees that simgear.bg may freely use and process for its purposes the ideas, concepts, or know-how that the Client has provided in any way through or in connection with the Platform or the actions/inactions that the Client has carried out through or in connection with the Platform. Simgear.bg has no obligation to keep such information confidential, as long as this is not imposed by the applicable legislation.

10.3. By providing their data to Simgear.bg (including email address), the Client gives their explicit consent to be contacted by employees of Simgear.bg or third parties who are couriers. 

11. COMMERCIAL COMMUNICATIONS

11.1. When the Client creates an account on the Platform, they have the opportunity to express their consent to receive Commercial communications.

11.2. The Client can withdraw their consent given to the Seller for receiving Commercial communications, which can be expressed at any time by changing the settings in their Profile under ""My subscriptions"" or by contacting the Seller.

11.3. The refusal to receive Commercial communications does not mean an automatic withdrawal of the consent given for the conclusion of this contract.

11.4. The Client can unsubscribe at any time from receiving Commercial communications according to art. 11.2 above by clicking on the unsubscribe link published in the commercial communications received from simgear.bg or by contacting simgear.bg for this purpose.

12. PRICES, PAYMENTS, AND INVOICING

12.1. The prices of Goods and Services announced on the Platform are final and include VAT, as well as all other taxes and fees provided for in the current Bulgarian legislation.

12.2. The price, payment method, and payment term upon invoicing are specified in each Order. Orders for products offered by simgear.bg with a value over 1000 BGN cannot be paid upon delivery but must be paid in advance by bank transfer or bank card.

12.3. The Client is obliged to provide all necessary information for issuing the invoice in accordance with the current Bulgarian legislation.

12.4. The Seller will issue an invoice to the Client for the ordered and delivered Goods / provided Services based on the information provided by the Client.

12.5. Simgear.bg issues an invoice for each payment on an Order through which the Client has purchased a Good and/or Service offered on the Platform by simgear.bg. The Client agrees to receive such an invoice electronically by uploading it to their Profile. If these payment documents are not accessible for more than 48 (forty-eight) hours in the Profile, please notify us at the email address: office@simgear.bg.

12.6 For the correct preparation of the invoice for the respective Order, the Client/User is obliged to continuously update the data in their account. They are obliged to review the information specified in the respective Order to ensure it is complete, true, and accurate.

12.7. The Client will have a record of the invoices issued to them by Simgear.bg in their Profile, which they can save or archive at any time.

12.8. The Client's payment card data will not be accessible to Simgear.bg, nor will it be stored by Simgear.bg, but only by the issuer of the respective payment card or another entity authorized to provide card identification data storage services.

12.9. In certain cases, to ensure the security of Transactions, the Client will need to authorize the payment by re-entering the card password or using fingerprints for mobile terminals that have this function.

12.10. If more than one address is saved in the Client's Profile, the delivery will be sent to the one specified as the main address.

13. ORDER DELIVERY

13.1. The Seller undertakes to deliver the ordered and purchased Goods either personally or through a courier company to an address specified by the Client, to which there should be easy access with a freight vehicle, or to the office of the courier company, depending on the Client's choice. In cases of door delivery, the Client must specify the floor to which the products should be delivered in the address field in the electronic form of SIMGEAR.bg designated for this. Otherwise, the delivery will be made to the building specified as the delivery address if there is access to the building with a freight vehicle.

13.2. The Seller will ensure the appropriate packaging of the Goods and the sending of accompanying documents. If by any chance the shipment does not contain the necessary document for the ordered product, please contact us at email office@simgear.bg and we will do our best to provide it to you as soon as possible.

13.3. Simgear.bg will deliver the Goods and provide the Services only within the territory of Bulgaria.

13.4. The delivery conditions for the products offered by Simgear.bg can be found on the Platform's ""Delivery"" info page.

13.5. The delivery price, if any, will be visible after the desired Product(s) is placed in the cart.

13.6. Ownership of the Goods will be transferred from the Seller upon their delivery to the Client, after payment has been made by them. The delivery of the Goods will be certified by the Client's signature on the transport document provided by the courier.

14. WARRANTIES

14.1. The Seller offers most Goods on the Platform with a warranty for conformity of the goods with the Contract in accordance with the current legislation. Exceptions are some categories of goods that, due to their nature, cannot have a warranty. 

14.2. Regarding the Goods sold and delivered by simgear.bg, the warranty certificates are issued by the manufacturer or are issued by simgear.bg. For all sold products with a warranty, simgear.bg provides the ""Pick & Return"" service, which means free pickup and return delivery of the Goods.

14.3. The conditions for use, handling, and transportation of an unpacked product are the same as those of the products packaged by the manufacturer and enjoy the same benefits unless otherwise specified on the Goods page.

14.4. The repair of Goods outside the warranty period or within this period, but provided that the Seller's obligation to bring the goods into conformity with the Sales Contract has lapsed on any grounds, is subject to payment by the Client and is carried out within a period agreed between the parties.

15. REVIEWS

15.1. Writing Reviews is done by the Client on the subpage of the selected product for which they want to write a review. The written information can be both positive and negative and must relate to the characteristics and usage of a given Good or Service.

15.2. At the time of registering a Review on the Platform, Clients give simgear.bg a non-exclusive, perpetual, irrevocable, territorially unlimited license and the right for simgear.bg to use, reproduce, modify, adapt, publish, translate, distribute, and display this content.

15.3. Each Client, at the time of publishing a Review, undertakes to comply with the following rules:

• to refer only to characteristics and/or usage of a specific product or service, avoiding information related to aspects that may change (e.g., price or promotional offers);
• to use only the Bulgarian language and write in Cyrillic. Words or phrases that, although not Bulgarian, are widely used by all media in the respective field are allowed (example: mouse, notebook, plug and play);
• to use appropriate language, not containing offensive expressions or those that may infringe the rights of a third party;
• to ensure that the information entered by them is realistic, correct, non-misleading, and in compliance with applicable laws, including respecting the rights of others – e.g., copyright, intellectual property rights, licensing rights, or other property rights, advertising rights, or the right to privacy.
• to use this service only for communicating or receiving additional details regarding a specific good or service from the Platform without making references to other companies that promote the sale and purchase of goods and/or services;
• not to provide or request, in any way or form, personal data (contact details, delivery address or residence, phone numbers, email addresses, own and/or family names, etc.) or other information that may lead to the disclosure of this personal data;
• not to publish information and/or details regarding links from other sites that develop the same or similar commercial activity as Simgear.bg;
• not to enter Reviews containing advertising materials;
• not to use a Review as a means of communication with the Seller, for this purpose the contact details of the Seller published on the Platform will be used.

15.4. In addition to the critical realistic assessment, at the time of publishing a Review, the Client should also add a Rating for the respective product or service. The reviews, along with their respective Ratings, will affect the overall Rating of the product or service. Thus, a Review accompanied by a high Rating leads to an increase in the overall Rating, and a Review accompanied by a low Rating leads to a decrease in the overall rating.

15.5. When a Client reports that a Review has inappropriate content, this content is carefully reviewed by simgear.bg so that the latter can determine whether it violates the terms of use of the Platform. The published texts are removed from the Platform only after verification by simgear.bg.

15.6. In case simgear.bg finds repeated violations of these Terms of Use, it reserves the right to limit the Client's ability to publish Reviews without being obliged to justify this.

15.7. When adding a new review on the site, it may be held for review by an administrator or moderator of simgear.bg 

16. LIABILITY

The Seller is not liable for any damages suffered by the Client resulting from force majeure circumstances or those beyond the Seller's control.

17. FORCE MAJEURE

17.1. Neither party shall be liable for the non-performance of their contractual obligations if such non-performance is due to a force majeure circumstance. A force majeure circumstance is an unforeseeable event beyond the control of the parties that cannot be avoided.

17.2. If within 14 (fourteen) days from the date of the respective event, it does not cease, each party has the right to notify the other party that it terminates the Contract without owing the other compensation for any potentially suffered damages.

18. APPLICABLE LAW – JURISDICTION

The applicable law to this contract is Bulgarian legislation. By accepting these general terms and conditions, the Client understands and agrees that simgear.bg may transfer all its rights and obligations arising under the Document to another company or third party that is part of the corporate group of ""SIM GEAR"" Ltd. Any disputes arising between simgear.bg and Clients will be resolved by mutual agreement or, if this is not possible, the disputes will be resolved before the competent Bulgarian courts. 

19. INFORMATION REGARDING WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE)

19.1. Waste electrical and electronic equipment (WEEE) may contain hazardous substances that have an adverse effect on the environment and human health if not collected separately.

19.2. Taking into account the provisions of the Bulgarian Waste Management Act, its subordinate regulations, and Directive 2012/19/EU on waste electrical and electronic equipment, please note that:

• Consumers have the obligation not to place WEEE in unmarked locations and to collect such WEEE separately;
• The systems for take-back and separate collection of WEEE available to consumers are: WEEE separate collection points, collection centers of authorized waste recovery organizations, or directly to ""Ecobultech"" AD, the organization responsible for fulfilling the obligations for separate collection and waste management in the territory of Bulgaria;
• The symbol of a crossed-out wheeled bin indicates the need for separate collection of the EEE on which it is placed;