Dekre Services is a brand of
BORA International OOD Boulevard Benkovski 63, et. 3, ap. 12 BG-4400 Pazardzhik, Bulgarien (EU)
Phone: 00359 (0)876 299 531 Customer fax Central Europe: 0041 (0) 43 43 02 970
V.A.T.: BG 202 185 806
GDPR Notice: Also Bulgaria is, as you know, in the EU and has to stick to the GDPR. We do not offer private data while researching our B2B addresses, we do not store any personal data, such as private address, private email, credit data, marital status, date of birth… Our addresses are in accordance with the General Data Protection Regulation (GDPR).
General Terms and Conditions of Business of BORA International OOD
(Stand 14.04.2020, V 1.6)
§ 1. General
1.1 These Terms and Conditions of Business are an integral part of all our offers and contracts for address deliveries, services, or other transactions with our customers, and shall also apply to future transactions with them. General terms and conditions of business of the customer do not oblige us in any way, even if we have not expressly rejected them. The General Terms and Conditions also apply between our partner companies and customers, if customer sales are passed on to partner companies through Dekre Services (as stated in § 2, paragraph 2.3).
§ 2 Order processing & delivery
2.1 Fixed dates shall be acknowledged by us only if we have expressly confirmed them in writing. 2.2 The delivery period is extended adequately in the event of unforeseen events which are beyond our influence. This applies in particular to major illnesses, operational disturbances caused by industrial disputes, interruption of access to the Internet, in case of operational disturbances in supplier companies, as well as delays in the delivery of essential materials, as long as these have been ordered in time by us. The delivery period is also extended in the event of an alteration of the order subsequently made by the customer. 2.3 We shall be entitled to pass on the orders received to partner companies without obtaining the consent of the customer, but we shall continue to be liable for the quality. In this case, the partner company can either only act internally as an employee (associate) for Dekre Services internally and cannot act outside the company, or as an invoicing party & claimant for the customer of Dekre Services. 2.4 Orders of the customer to us are binding and cannot be canceled in principle. If the customer rejects the purchase without our consent and without a particularly important reason – according to the law -, in full or partially, 50% of the order value is immediately due as a cancellation fee. If the order has already been partially generated and / or delivered, this part is billed normally. In such case, the order value is calculated proportionally to the agreed purchase price. We have the right to cancel an order if the customer does not pay the deposit / prepayment for an order within the given period. The same applies to subsequent orders. A cancellation fee of 50% of the order value is also due in such cases. Our one-time cancellation is also valid if the customer changes the requirements to the order substantially, or the customer's creditworthiness deteriorates tremendously. (compensation, court settlement, bankruptcy)
§ 3 Returns; telephone data
3.1 Despite the constant updating and updating of our databases, we cannot guarantee that at the time of delivery to the customer our address files shall contain all the addresses and addresses which are correct for each branch and target group, or all additional data. This also applies to telephone data and e-mail addresses. 3.2 As we compile the addresses from publically accessible registers, directories, and self-statements from surveys, we cannot ensure that an addressee is what he stated or what was stated by a third party at the time of the collection of information or the last update of the addresses. Returns (forwarders) are inevitable for this reason and are not a defect in the delivery item. Such unavoidable returns are not reimbursed. 3.3 Unless we expressly assure this in our offers and order confirmations, the transmission of telephone and fax numbers as well as of e-mail addresses does not imply that the addressee has given his consent to a commercial communication on these communication paths.
§ 4 Terms of payment
4.1 The addresses listed in our offers may change after confirmation of the order due to the continuous inflows and outflows up to the time of delivery. The delivered number of addresses is charged. If we have offered a minimum order value, this forms the bottom price. 4.2 The compensation of counterclaims by the customer is only valid if these counterclaims have not been disputed by us or are legally established.
§ 5 Rights of the customer in case of defects; liability
5.1 The customer must report in written identifiable defects (§ 377 of the German Commercial Code) immediately after delivery or download of the address data, immediately after their discovery, in which case the notifications by e-mail are deemed sufficient. If the customer fails to meet a time limit which is relevant to him and if he is responsible for this, he cannot lodge claims against us due to the corresponding defects. 5.2 A time-delayed use of the addresses does not release the customer from the obligation to reasonably verify our deliveries upon receipt by the customer; in particular, that applies to the objection that data supplied electronically could not be read. 5.3 In the event of timely notification of a defect, we shall be obliged to supply or repair the defect at our discretion (supplementary performance). For this, the customer has to give us the necessary time and opportunity. If the supplementary performance has failed, the customer may, at his discretion, reduce or withdraw from the contract. 5.4 Liability for consequential damages is excluded, unless a damage was caused intentionally or through gross negligence. Regarding injury to life, body and health, we are liable according to legal regulations. Due to negligent breach of contractual obligations, our liability is limited to the type of foreseeable damage. The latter shall not apply if the infringement of contractual obligations is affected. 5.5 Claims for defects of the delivery become time-barred after twelve months from delivery of the delivery items, unless the claim arises from an accepted guarantee or is due to gross negligence or intent on our part.
§ 6. Liability for Advertising Content
The customer bears sole responsibility for the fact that the contents of his advertising sent by us according to the order, also by e-mail in our own and foreign newsletters, do not violate legal regulations and good morals and violate no rights of third parties.
§ 7. Address Usage
7.1 Our address data is subject to data protection law, in accordance with § 87b et seq. of the German Copyright Act. They may be used only to the extent agreed with us. By the use of the address data, the customer has to observe the statutory provisions, in particular those concerning the data protection act and the competition act, on his own responsibility.
§ 8. Data Processing
8.1 The copyrights and ownership rights on all programs and related documentation provided by us remain ours. The customer is obligated not to copy such programs, except for the creation of a backup copy, to read them from data carriers, to copy them in any other way or to make them accessible to third parties. The same use prohibition subject to foreign programs that are delivered on our DVDs. The customer shall pay a contractual penalty of 10 times the invoice amount for each case of the culpable infringement. We reserve the right to assert any claim for damages beyond the statutory requirements. 8.2 If we act as an intermediary for the owner of an address list, we are allowed to include the returns received from this list of addresses in our own return file and to use a purge list to avoid spreading losses.
§ 9. Applicable Law
Only Bulgarian law applies to the mutual legal relations, with the exception of the above definitions from the German Commercial Code and the German Copyright Act. If the customer is located outside of Bulgaria, this shall apply, including the United Nations Convention on Contracts for the International Sale of Goods (CISG).
§ 10. Place of Performance; Jurisdiction
The place of performance for all obligations with us is Pazardzhik, Bulgaria. The court of jurisdiction for all legal disputes is the District Court Pazardzhik, Bulgaria, insofar as no exclusive jurisdiction is established by law.
§ 11. Severability Clause
Should individual provisions of these General Terms and Conditions be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the effectiveness of the General Terms and Conditions shall remain unaffected. The ineffective or impracticable provision shall be replaced by the effective and enforceable regulation whose effects are closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the General Terms and Conditions prove to be incomplete.