Terms and Conditions

GENERAL CONDITIONS - EN

GENERAL CONDITIONS

(in force from 15.07.2024)

Contents

Preamble

General Provisions
Special Provisions for the Online Store

By registering with NIK, the customer declares that he/she agrees to these Terms and Conditions of NIK Tech Bulgaria Ltd (hereinafter referred to as "NIK"). For the convenience of the reader we use the masculine genitive in this text. Of course, all genders are meant equally.

General Provisions

SECTION 1 GENERAL PROVISIONS

These General Terms and Conditions govern the relationship between NIK Tech Bulgaria Ltd (hereinafter referred to as "NIK") and the registered users of NIK's online store (hereinafter referred to as "Registered Member" and/or "Registered User" and/or "Customer").
1. when using the website at shop.nik-agro.com (the "Website") and
2. in the sale of goods (hereinafter referred to as "Goods") by NIK through the Website (hereinafter collectively referred to as: NIK Services)
Business relationships with NIK are subject exclusively to these General Terms and Conditions as well as the other provisions explicitly stated there.

The current version of the General Terms and Conditions can be downloaded and printed at https://shop.nik-agro.com/gb/terms-and-conditions-en.
NIK is entitled to amend these General Terms and Conditions in accordance with Section

NIK requires that users read these General Terms and Conditions before using the Website/App or ordering goods. If you do not understand parts of these General Terms and Conditions, please contact NIK to have them explained to you.

Please be aware that by using the Website, and especially by ordering goods, you agree to our General Terms and Conditions.

If you choose not to accept these terms, unfortunately, we will not be able to process your order.

SECTION 2 DATA PROTECTION (GDPR)

Protecting your privacy is our highest priority. In the course of using the Website, it is necessary for us to store and process personal data.

Data protection law changed on 25 May 2018. On that day, the General Data Protection Regulation of 27 April 2016 ("GDPR" or "the Regulation") came into force. We are therefore providing our customers and potential customers with this notice which will inform you of the ways in which we process your personal data.

Personal Data Controller

The administrator of your personal data is NIK Tech Bulgaria EOOD, bul. Bryuksel 11B, 1592 Sofia, Bulgaria (hereinafter referred to as "NIK Tech Bulgaria Ltd"), therefore NIK determines the methods and purposes for processing your personal data. The provision of personal data is voluntary but is a necessary condition for entering into contracts and performing services.

Obtaining information about the processing of personal data

You can contact the Data Protection Officer on matters relating to the protection of your personal data by email at sshop@nik-agro.com or by sending a letter to our headquarters.

Collection of data and purpose of processing

NIK processes your personal data because it is necessary for the performance of contracts with you, i.e. to provide services (in accordance with Article 6(1)(b) of the GDPR), including:
1. registering a user in the ordering system and providing appropriate service to the user, including providing the user with product offers and completing their orders (in accordance with Article 6(1)(b) of the GDPR);
2. processing of claims and complaints (in accordance with Article 6(1)(c) of the GDPR);
3. bringing claims relating to a contract (in accordance with Article 6(1)(f) of the GDPR) where the right to bring claims is a legitimate interest;
4. for archiving purposes (in accordance with Article 6(1)(c) of the GDPR);
5. statistical purposes (in accordance with Article 6(1)(f) of the GDPR), where having statistical information about our activities - which allows us to streamline our business - is a legitimate interest of the data controller.
In addition to the above, there is a legal obligation for NIK to process your personal data for tax and accounting purposes.
NIK has the right to process your personal data for marketing purposes, i.e. to promote the products and services offered. If it does so without using electronic means of communication, the legal basis for these activities is Article 6(1)(f) of the GDPR, according to which carrying out marketing activities is a legitimate interest of the data controller. However, if NIK uses electronic means of communication for this purpose, i.e. email or telephone, then due to other applicable laws NIK will only process personal data with your consent (in accordance with Article 6(1)(a) of the GDPR).

Recipients of data

Your personal data may be provided to other parties who will process that data on your behalf, including but not limited to:
persons carrying out fulfillment, mailing or courier activities;
banks (for the purpose of recovering irregular payments);
State authorities or other entities authorized by law for the purpose of fulfilling the responsibilities of the NIK (tax and law enforcement authorities, etc.);
parties managing our IT systems (hosting companies, IT service providers);
parties that provide us with legal, accounting, tax and advisory services.

Storage periods for personal data

NIK will store your personal data for the duration of the contract (performance of services) and after its termination as follows:
data included in contracts - kept until the limitation period for claims under the contract expires (up to 10 years from the date of completion of the contract);
for the purposes required by applicable law and specifically the obligation to keep accounting records, issue invoices, etc.;
Warranty and claim documentation shall be retained for 1 year after the expiry of the warranty or rectification of a claim;
data used for marketing purposes:
1. when processing data on the basis of consent - until the consent is withdrawn;
2. when processing data on the basis of legitimate purposes of NIK Tech Bulgaria Ltd - until objection;
data submitted via a contact form - the limitation period for any claims (up to 3 years).

Rights relating to data processing

You have the right to access, rectify and transfer your data, restrict processing, object to processing or withdraw your consent at any time, without prejudice to the lawfulness of the processing already carried out on the basis of the consent before its withdrawal (if the processing is based on consent).
In addition, if you decide that NIK's processing of your data violates the provisions of the GDPR, you have the right to file a complaint with the relevant data protection authority.

Automated data processing (profiling)

Your personal data will be processed in an automated way (including profiling), but this will not lead to legal or other serious consequences for you.
The profiling of personal data carried out by NIK Tech Bulgaria Ltd means that we process your data (including in an automated way) and use it to evaluate certain information, in particular to analyse or predict personal preferences and interests.

SECTION 3 USER REGISTRATION AND DISTRIBUTOR REGISTRATION

You can only register online.
You become a registered user only when you accept the General Terms of Use.
The membership for distributors is activated by NIK only if there are existing contractual or pre-contractual relationships.

Each registered user or distributor undertakes to use the website in accordance with these General Terms and Conditions. Login details must be kept confidential. If he suspects that a third party is using his login details, the registered user or distributor must inform NIK without undue delay and change his password.

SECTION 4 TERM AND TERMINATION OF REGISTRATION

Registration continues indefinitely.
The registered member and the NIK shall have the right to terminate membership at any time without giving reasons and with immediate effect. Termination of membership by the user may be sent by email to shop@nik-agro.com.
If a Distributor Member does not order any merchandise or products through their NIK account for a period of one year or more, NIK reserves the right to deactivate the account. NIK will notify the distributor by email a reasonable time prior to deactivation and give the distributor an opportunity to prevent deactivation. In particular, if the Distributor orders goods through the NIK Account up to the date of deactivation, NIK may refrain from deactivating the Account. Even after deactivation of an NIK account, the application to register as a distributor may be resubmitted; Part A, Section 3(3) then applies accordingly.
If any Registered User breaches these General Terms and Conditions or any of its contractual obligations, NIK shall have the right to terminate membership without notice and with immediate effect.
Termination has no effect on orders already placed. All rights of cancellation and cancellation of orders by registered members remain unaffected by the termination. Once the termination of membership is effective, invoices and contract documents may only be issued through Customer Service on a case-by-case basis and with clear identification of the NIK account or registered user.
If a registered user objects to the General Terms and Conditions or any part thereof, his membership shall terminate automatically upon receipt of the objection by NIK, after NIK has been informed of the impending termination and a reasonable period has elapsed between the objection and the termination.

SECTION 5 VOUCHERS

5.1 General Conditions

Vouchers can be used to purchase goods through the Website. The voucher is deducted from the final amount and invoice with remark is issued to the customer or to a third party voucher supplier. Vouchers cannot be used to offset the cost of delivery.
If the order exceeds the value of the voucher, the difference have to be paid by another eligible payment method.
Up to 5 vouchers can be used per order.
Each voucher can only be used once.
Vouchers cannot be redeemed in cash.
NIK accepts no responsibility for loss, theft, destruction or delayed delivery (e.g. due to technical difficulties) of vouchers if the circumstances are beyond NIK's control.
NIK reserves the right to require alternative payment methods, refuse delivery and/or block registered users' accounts if it has reasonable grounds to suspect abuse in connection with the use of vouchers.
If a customer would like to redeem vouchers available to their account or view their value, they must visit shop.nik-agro.com My Account, under "Gift Cards" section.
Customer Service: if you have any complaints or questions regarding vouchers, please contact us or the voucher provider if it is co-branded.

5.2 Special conditions for purchased vouchers

The following additional conditions apply to vouchers purchased by a registered user for a fee.

Purchased vouchers can be used within one year from the date of purchase.
In the event that the voucher exceeds the invoice amount, the remaining balance will not be retained or credited to the registered user's account. Cash payment of the remaining value is also excluded.
If an order for which a voucher has been used is returned, the registered user will receive a voucher in the same

5.3 Special conditions for vouchers not purchased directly from the customer

The following conditions apply to vouchers that have not been purchased directly by the registered user.

NIK reserves the right to exclude certain items from voucher redemption.
Vouchers can be used for a limited time. They expire on the date specified on the voucher. This period cannot be extended.
In the event that the voucher exceeds the invoice amount, the balance will not be refunded.
Once added to a member's profile, vouchers cannot be transferred to other persons/members/users.
Vouchers may be subject to minimum order values. If a registered user returns goods and the order value subsequently falls below the minimum allowable, NIK reserves the right to cancel the voucher.
In the event that the goods are returned, the vouchers used will be refunded. If the registered user returns only part of the goods, the voucher will be credited partly for the retained goods. In either case, registered users will receive a new code within 14 days of confirming the status of the returned goods.
NIK reserves the right to provide vouchers subject to additional conditions. NIK will specify these additional terms and conditions at the time the vouchers are made available.

SECTION 6 AMENDMENTS TO THE TERMS AND CONDITIONS

The NIK has the right to change these General Terms and Conditions. NIK will only make such changes for good cause, especially changes in applicable law, regulatory requirements or other good cause.
Any purchase is subject to the General Terms and Conditions in force at the time of order.
NIK shall disclose the date of any revision to these General Terms and Conditions in the preamble hereto.
NIK will inform registered users of material, i.e. not only editorial, changes to the General Terms and Conditions well in advance, via the Website or by email. Your consent to the changes will be deemed given if you do not object to the new Terms and Conditions before they come into effect within the specified period. If you do not agree to the changes, you may terminate your registration without notice and free of charge before the new General Terms and Conditions become effective. You will be informed of this again in the notification. If no objection is received from you, the General Terms and Conditions will automatically become the basis for your registration and all your future purchases. Alternatively, NIK may also obtain the express consent of the registered user regarding changes to the terms and conditions.

SECTION 7 REVOCABILITY CLAUSE

If one or more of the provisions of these General Terms and Conditions are invalid, this shall not affect the remaining provisions. The invalid provisions shall be replaced by the applicable statutory provisions.

SECTION 8 RIGHTS

If you do not agree to these General Terms and Conditions and NIK does not respond directly to the claims made, this does not mean that NIK waives or gives up any of its rights. In such cases, NIK reserves the right to pursue its claims in the future. These provisions shall apply only as between NIK and its registered members. Third parties may not assert any claims against them.
Unless prohibited by law, you hereby agree that NIK may assign its rights and obligations under these Terms and Conditions to third parties without adversely affecting your rights and obligations.
The Registered User may only assign his/her rights and obligations under these General Terms and Conditions with the written consent of NIK.
NIK reserves the right to use appropriate service providers, such as transportation service providers, to fulfill the obligations arising from this contract with the customer.

SECTION 9 APPLICABLE LAW

In case of legal disputes, the law of the Republic of Bulgaria shall apply to the exclusion of UN sales law. In the case of transactions with end users within the European Union, the law of the end user's domicile shall also apply, within the framework of the mandatory provisions of European consumer law.

SECTION 10 CONTACTS, FEEDBACK AND COMPLAINTS

If you wish to contact NIK in relation to these General Terms and Conditions or the documents referred to in them, please write to:

NIK Tech Bulgaria Ltd.

Bull. "Bryuksel" № 11B

1592, Sofia, Bulgaria,

Tel: +359 (0) 2 974 43 33

E-mail: shop@nik-agro.com

The NIK would be pleased to receive your input and is always interested in suggestions for improving its services. By providing feedback, you agree to NIK using your suggestions without charge.

If NIK wishes to contact you, it will do so by email or in writing to the address you have provided

Complaints procedure:

The procedure shall be conducted in accordance with the commercial terms of the NIK
NIK identification and warranty labels must not be detached from the goods. Leave goods in original packaging and store according to manufacturer's instructions.
Fill in the complaint form carefully and send it with the goods to our address by courier (no cash on delivery).
Your personal data will be processed in order to exercise your rights under the applicable provisions of law, pursuant to the concluded sales contract, in accordance with Article 6(1)(c) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
After the completion of the complaint process and in connection with its examination, your personal data may be provided by the data controller to third parties responsible for the processing of personal data. These third parties include, for example, IT service providers, courier companies and payment institutions, and these third parties must process the personal data on the basis of an agreement with the controller and only in accordance with the instructions given to them by the controller.
Your personal data will be kept until the expiry of the required retention period, i.e. one year after the settlement of the complaint.
The provision of personal data by the user is voluntary, but it is necessary in connection with the submission of complaints and their processing.
Special Provisions for the NIK Online Store

The following terms and conditions govern the relationship between NIK and registered users when using the NIK online store.

SECTION 1 CONTRACTING PARTNER

The NIK online store provided on the Website, including the NIK marketplace, is operated by NIK Tech Bulgaria Ltd. NIK Tech Bulgaria is a company registered in Bulgaria, entered in the national commercial register with UIC 831919536. The registered office of the company is in Bulgaria, 1592 Sofia Blvd. 11B "Brussels". Our VAT identification number is BG206109962. NIK is always a party to the contract, even if the customer receives goods from our partners NIK Tech Ukraine LLC, registered at NIK Tech Ukraine LLC 23-A Yaroslaviv Val Street, Kyiv 01054, Ukraine with VAT number 445972626590 and NIK TECH INCORPORATED, registered at Claremont, 200 on Main and Bowwood Roads, 3 rd floor, 7708, Cape Town, Republic of South Africa with VAT number 4150303321.

SECTION 2 CONCLUSION OF THE CONTRACT

NIK provides a user guide at https://shop.nik-agro.com/gb/Order-instructions as an introduction to the ordering process and to avoid errors when using the Website.
The presentation of the Goods in the Online Store does not constitute a binding offer to sell by NIK. It is merely an invitation to the registered user to order Goods from NIK.
When the registered user places an order, by clicking on the "ORDER" button, he makes a binding offer to conclude a purchase contract.
The registered user usually receives an order confirmation by e-mail from NIK immediately after placing the order. The purchase becomes effective when the user receives the invoice for the ordered goods (products or services).
NIK is under no obligation to accept offers to purchase from Registered Users and may refuse to accept them at any time without giving reasons. In such cases, NIK will promptly inform the User by e-mail that his order has not been accepted. The registered user will receive a full refund of all payments already made.
Goods are sold in normal quantities only.

SECTION 3 PRICES AND DELIVERY COSTS

The prices quoted by NIK on the Website are exclusive of VAT.
The minimum shipping costs for an order are the following:

Destination	Shipping cost for 1 piece
EUROPE (including UK)	18,00 EUR
Ukraine	4,90 EUR
South Africa	306,66 ZAR

The final price is determined by the current DHL price list, depending on the size of the Goods and the destination chosen. NIK reserves the right to use other transport providers depending on the country of destination.

SECTION 4 PAYMENT

The purchase price can be paid by one of the following payment methods:
1. A Credit card MasterCard, VISA, card payments via Paysera, Revolut, PeachPayment;
2. A bank transfer;
3. A

NIK reserves the right to exclude individual payment methods and to refer to other payment methods or to introduce additional payment methods.
The user is responsible for any additional costs incurred through no fault of his/her own when using the payment method chosen, for example when returning a payment.

When paying by card:

When you pay with a card, a payment page of the servicing bank opens where you enter your card details.
Processing is carried out through an external payment service provider. The user has to go through the relevant authentication procedure of his bank and can confirm the payment by credit card by entering a security code afterwards. Further information on the authentication procedure can be obtained from your credit card issuing bank.
When selecting a Paysera or PeachPayment payment method, the user is automatically redirected to the Paysera or PeachPayment platform at the end of the checkout process. There he can make the payment following the payment instructions of the partner, according to the options active for the specific country.In case of payment by card, the order confirmation is received immediately, in case of payment by another option, which requires additional verification of a bank account on either platform, the order is confirmed after receipt and verification of the payment by the seller.
The user is responsible for any additional costs incurred through no fault of their own when using their chosen payment method, such as chargebacks. If the registered user has chosen to pay by credit card, NIK will debit the purchase price once it has received the order.

When paying by bank transfer:

Payment shall be made by bank transfer to the following NIK bank account, with all transfer costs to be borne by the purchaser:

IBAN: BG97 PRCB 9230 1451 2786 01

Holder: NIK Tech Bulgaria Ltd.

Bank: ProCredit Bank EAD

BIC/SWIFT/Bank code: PRCBBGSF.

NIK reserves the right not to send the order if the bank account indicated has received a payment of less than the amount in the order and / or the issued payment document (invoice or pro forma invoice).

When paying with a voucher:

Payment by vouchers is subject to the voucher terms set out in section A.5.

SECTION 5 SALE DOCUMENTS

NIK Tech Bulgaria Ltd. issues a sales document for each transaction. This is always a VAT invoice, but depending on the customer and the type of transaction there may be the following types of VAT invoices:
a) Invoice with VAT reverse charge, containing net prices and values of the goods. This type of invoice is received from clients conducting economic activities who are registered under the Value Added Tax (VAT) Act in a member state of the European Union. The issuance of this type of invoice depends on the documents provided to NIK, confirming the conduct of economic activities and/or valid VAT registration (valid VAT number of the client);
b) Invoice with VAT included - invoices containing prices and values of goods including VAT. The tax is fixed as the product of the value multiplied by the rate. This type of invoice is received from all clients (consumers) for whom the rules for issuing net invoices under point a) do not apply.
Customers based outside the European Union receive the VAT invoice and the EAD (European Valuation Document) containing a unique MRN (Movement Reference Number) together with the goods. This code must be presented at the border of the European Union. If the goods do not leave the customs border of the European Union within 150 days of the EAD document being issued, or if the border crossing is not confirmed by the border customs, you will be charged goods and services tax (VAT) at the current rate.

SECTION 6 DELIVERY

All orders are shipped subject to product availability.
If an item is out of stock at the time the order is placed, NIK will notify the customer of the delay or unavailability for delivery and, if necessary, refund the total amount of the order using the original method of payment.
Items offered on the NIK website are only available for delivery to the following list of countries:
Bulgaria;
France;
Germany;
Hungary;
Italy;
Poland;
Romania;
Spain;
Ukraine;
UK;
South Africa.
Delivery of goods outside the countries listed above are not offered.
NIK usually sends the goods using the logistics services of DHL or similar transport company. If a registered user orders goods from NIK's online store, the shipment of one, several or all of the goods may also be made by NIK's partner for the relevant market. If delivery is made by an NIK partner, this will be indicated to the customer on the goods details page as well as in the shopping basket and at the time of ordering.
For delivery purposes, an exact address must be given to which the goods can be delivered during normal business hours. The order process shall be deemed complete as soon as the goods have been dispatched to the specified address.

Delivery time:

Approximate delivery time for a standard order is between 4 and 7 working days after the order has been dispatched. NIK is committed to informing customers if there is a delay in delivery, where this is known to the seller, by providing the information provided by the courier company.
Delivery times are approximate and start from the date of dispatch of the goods ordered, not from the date of order.
Delivery times are to be used as a guide only and are dependent on external factors and subcontractors.
Same day dispatching is only applicable for orders placed by 12:00 p.m. ET. Orders placed after this period will be dispatched the next working day at the earliest.
Free shipping is not applicable.
The order will be shipped with standard delivery service. Unless there are exceptional circumstances, NIK will make every effort to dispatch the order within 48 hours of verification of payment. Delivery time is estimated at 4-7 working days as standard depending on the delivery address. Delivery date may vary depending on carrier practices, delivery location, delivery method and type of items ordered.
The order will be shipped with an express delivery service if the customer has selected and paid for the same, the delivery time after shipment is estimated at 1-2 working days after verification of its payment and depends on the delivery address. The delivery date may vary depending on the carrier's practices, delivery location, delivery method and the type of items ordered.
Products can also be delivered in separate shipments.
NIK Tech Bulgaria Ltd. cannot be held responsible for shipments delayed for reasons beyond its control, including but not limited to: customs, service strikes, civil disturbances, riots, invasion, terrorist attack or threat of terrorist attack, weather conditions, natural disasters, fire, epidemics or failure of public or private telecommunications networks.
NIK's logistics partners do not deliver on weekends and public holidays.
If the specified delivery deadline cannot be met for reasons beyond NIK's control (e.g. force majeure), NIK shall immediately inform the customer thereof and specify a new delivery deadline. Force majeure shall include in particular strike, lockout or other industrial action, civil commotion, invasion, terrorist attack or threat, war or preparation for war, fire, explosion, storm, flood, earthquake, landslides, epidemics or other natural disasters, or disruptions in private or public telecommunications networks, rail transportation, shipping, air transportation, freight forwarding companies or other public or private transportation, and any other impediments that NIK cannot foresee and for which it is not responsible. If this delivery period is not acceptable to the consumer, he shall be entitled to withdraw from the contract. NIK will immediately refund all payments made. This does not affect the legal rights of the parties to the contract.

SECTION 7 RETENTION OF TITLE

Ownership of the goods is transferred to the customer upon full payment of the purchase price.

SECTION 8 RIGHT OF WITHDRAWAL

Cancellation Policy

Right of withdrawal

Any user who has entered into a distance sales contract with NIK Tech Bulgaria Ltd (i.e. via the NIK Tech Bulgaria website, email, fax or telephone) has the right to cancel this contract within 14 days without giving any reasons.
The withdrawal period expires 14 days after the day:
on which the customer, or a third person designated by the customer other than the carrier, has taken possession of the goods;
in which, in the case of a contract for the transfer of ownership of multiple goods in separate deliveries, the customer or a third party designated by the customer, other than the carrier, takes possession of the last delivered good.
In order to exercise the right to withdraw from the contract, the consumer must inform NEC of his decision to withdraw from the contract by an unequivocal written statement (e.g. by letter sent by post; fax or e-mail) addressed to the following address:

NIK Tech Bulgaria Ltd.

Bull. "Bryuksel" № 11B

1592, Sofia, Bulgaria,

Tel: +359 (0) 2 974 43 33

E-mail: shop@nik-agro.com

The Customer may use the withdrawal form available on the NIK Use of this form is optional.
In order to comply with the withdrawal period, it shall be sufficient for the consumer to send his communication concerning the exercise of the right of withdrawal before the expiry of the period referred to in paragraph 2 of this section.

Consequences of refusal

In the event of cancellation, NIK will refund all payments received from the customer, excluding delivery costs if the goods were already dispatched, within 14 days of the day on which it was informed of the customer's decision to exercise its right of cancellation. For refunds, NIK will use the same payment method as the method used by the customer for the original transaction, unless the customer has expressly agreed otherwise; in no event will the customer be charged fees for this refund. NIK may withhold a refund until the goods have been received and it has been confirmed that they have not been used.
The customer should immediately send back or forward the goods to:

NIK Tech Bulgaria Ltd.

Bull. "Bryuksel" № 11B

1592, Sofia, Bulgaria,

and in any event not later than 14 days after the day on which it has informed the NIK of its decision to withdraw from the contract.

The deadline is deemed to have been met if the customer sends back the goods before the expiry of the 14-day period.
The customer must bear the direct costs of returning the goods.
The customer shall be liable for any diminution in the value of the goods resulting from their use beyond that necessary to establish the nature, characteristics, quality and functioning of such goods.

Lack of right of withdrawal and circumstances in which a consumer loses the right of withdrawal

The user is not entitled to withdraw from the following distance contracts:
for the provision of services, if the seller has performed the service in full with the express consent of the consumer, who has been informed before the start of the service that he loses his right of withdrawal once the service has been completed;
for a contract whose price or consideration depends on fluctuations in the financial market that are beyond the seller's control and that may occur before the cancellation deadline;
for a contract where the subject matter of the service is non-assembled goods manufactured to the consumer's specification or designed to meet the consumer's individual needs;
for a contract where the goods are perishable or have a short shelf life;
for a contract in which the goods are supplied in sealed packaging which is not returnable for health or hygiene reasons if the packaging is opened after delivery;
for a contract where the subject matter is goods which, by their nature, remain inextricably linked to other items after delivery;
for a contract where the consumer has expressly requested NIK to visit the consumer to carry out urgent repairs or maintenance; if NIK carries out services other than those requested by the consumer or supplies goods other than the spare parts required for the repair or maintenance, the consumer has the right to cancel the contract in respect of those other services or goods;
for a contract where the subject matter is audio or video recordings or computer software supplied in sealed packaging, if the packaging is opened after delivery; or for the supply of magazines, periodicals or journals, excluding a subscription contract;
for a contract concluded at a public auction;
for a contract for the provision of digital content which is not delivered on a tangible medium, if the performance of the service has commenced with the consumer's express consent before the expiry of the withdrawal period and after the consumer has been informed by the NIK that he or she has lost the right to withdraw from the contract.

SECTION 9 RETURN OF GOODS AND REFUNDS

Before returning the goods, you must pack them securely and carefully. If it is not possible to pack the goods appropriately, we ask that you contact us to arrange collection of the goods.
Please always send goods to be returned to the sender of the goods from whom you received them. The sender can either be NIK or its partner for the relevant market. Please note that it is possible for goods from the same order to come from different consignors and therefore to be returned they must be sent to different return addresses.
To return goods to NIK, please create a return request in your Website account or contact us by email. A returns form will then be created for you and emailed to you. Always include the correct return address on the return form. If you do not receive a return address, please contact customer service. If necessary, please send the item(s) to:

NIK Tech Bulgaria Ltd.

Blvd. "Bryuksel" № 11B

1592, Sofia, Bulgaria,

For more information on returning goods, please see our instructions on the website.

SECTION 10 WARRANTY CONDITIONS

NIK Tech Bulgaria Ltd, hereinafter referred to as the Guarantor, provides the buyer with a product warranty for a period of 24 months [the warranty period is specified in the product description at https://shop.nik-agro.com] .
The warranty period starts from the moment the product is delivered to the user. In the case of a purchaser who is not a consumer, the warranty period shall commence at the time the risks associated with the product purchased are transferred to the purchaser.
The geographical scope of the warranty covers the region of Bulgaria and the territory of the country to which the Guarantor sends the product.
To avoid damage, the user is advised to read the instruction manual in detail, follow its recommendations and not exceed the maximum operating parameters of the product.
Warranty liability does not cover product defects arising from causes other than those inherent in the product, in particular due to use of the product in a manner contrary to its intended use and the recommendations of the user manual.
The warranty does not cover glass parts, batteries, cables, housings and materials subject to normal wear and tear in the operation of the equipment (e.g.: nozzles, carbon brushes, bulbs, etc.). Heating components are replaceable up to one time within the warranty.
Warranty liability is excluded in the event of any tampering with the product seals, unprofessional disassembly, repair or alteration by unauthorized persons (i.e. unauthorized service), improper maintenance or lack thereof.
The warranty entitles you to a free repair of the purchased product in case of a defect during the warranty period. The guarantor determines the method of repair of the product. The warrantor may, at its discretion, repair instead of replace the product with one without defects or refund the consumer an amount equal to the purchase price. The warranty does not entitle the consumer to request replacement of the product with one without defects, to withdraw from the contract of sale or to request a refund.
Notification of a defect in a product purchased must be submitted to NIK in writing, via email, and must include: name and surname or name of purchaser, address, phone number, model, serial number, invoice number, and a description of the malfunction of the product covered under warranty.
The return of the defective product must be made to the Guarantor (NIK Tech Bulgaria Ltd. at 11B Bryuksel Blvd, 1592, Sofia, Bulgaria). Please do not send the defective product without prior agreement with the Guarantor.
Defects discovered during the warranty period, limiting or preventing the use of the product for its intended purpose, shall be removed free of charge within 30 days from the date of delivery of the product to the Guarantor's headquarters, in accordance with clause 8.
The guarantee of the goods starts from the date of the invoice, regardless of when payment is received for the order.
The Guarantor informs the Buyer that the controller of personal data provided in accordance with clause 9 of the warranty conditions is NIK Tech Bulgaria Ltd, Bul. Bryuksel 11B, 1592, Sofia, Bulgaria. The data will be processed solely for the purposes of the performance of the warranty and data archiving. Personal data will only be provided to persons authorised by law. The provision of personal data by the buyer is voluntary. However, the refusal to provide them in the notification will prevent the fulfilment of the aforementioned purposes. The user has the right to access the content of his personal information, as well as to make corrections and updates to the information.
To the extent permitted by applicable law, the warranty shall be governed by and construed in accordance with Bulgarian law.
Any disputes that may arise out of this guarantee provided to a subject that is not a consumer will be resolved by the competent court at the registered office of NIK Tech Bulgaria Ltd.
The details of the product purchase invoice, in relation to the device/product number and date of sale, form an integral part of the warranty terms.
The warranty for the product sold does not exclude, limit or suspend the Buyer's rights subject to the warranty provisions against defects in the items sold.

SECTION 11 LIABILITY

NIK is liable for damages only if it breaches a material contractual obligation or a material pre-contractual obligation.
NIK shall not be liable for damages for delay or breach of contract if the delay or breach is caused by an act of God and is not the fault of NIK. Events beyond NIK's sphere of influence include, in particular, strikes, lockouts or other industrial actions, civil commotions, invasions, terrorist attacks or threats, war or preparations for war, fire, explosion, storm, flood, earthquake, landslides, epidemics or other natural disasters, as well as disruptions of private or public telecommunications networks, rail transport, sea transport, air transport, freight forwarders or other public or private transport.

SECTION 12 PRODUCT IMAGES ON THE WEBSITE

The product images on the Website are for illustrative purposes only. Although we do our best to reproduce details accurately, we cannot guarantee that the goods will look exactly the same. Therefore, the goods supplied may vary slightly from the images used.
The packaging of the goods may differ from that shown in the images on the Website/Application.

SECTION 13 EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

NIK provides links to third party sites on its Website and declares that it has no influence over the design or content of the linked sites. Therefore, NIK expressly distances itself from the content of all third party sites. NIK accepts no responsibility for the content of linked sites. This statement applies to all links on the Website and to the content of all sites to which the links refer.

SECTION 14 COPYRIGHT

The registered user is only allowed to use for personal purposes copyrighted material that NIK uses and presents on the Website. The User may not use third party copyrighted material that NIK uses to present its goods for its own purposes where this goes beyond private use.