Terms of Use

Last updated: 2nd December 2015

General Terms of Use

Toner Support Ltd. is the creator and the proprietor of the website www.tonersupport.com for online trade and distribution of consumables for printers, fax and copy machines.

I. Terms and Definitions

1. Terminological Notices for the Needs of these General Terms of Use:

-       Site – the website www.tonersupport.com;
-       User – every person, either physical or legal, applying the Site under personal registration (signing up);
-       Visitor – every person, either physical or legal, applying the Site under personal registration (signing up);
-       The Company – Toner Support Ltd., the company owner administrator of the Site;
-       Service – every service whatsoever, granted to the User through the Site;
-       Product – every product, either component or consumable, offered for sale through the Site;
-       Order – every statement of will posted by the User, for delivery of Product and/or Service whatsoever, confirmed through the Site
        or by any other means, accepted and confirmed by the Company;
-       General Terms – the rules and restrictions, that determine the relationships between the Company and a User with regard to using the Site
        for collecting of information, a Service and/or a purchase of a Product which General Terms the User shall accept altogether and obey during all the term along,
        and each time he or she uses the Site.

II. Services

2. Services

2.1. The Site is a website, composted for activities, as follows:

-       Buy-back of empty used toner cartridges from persons and companies;
-       Sale of components for remanufacturing (recycling) of toner cartridges;
-       Sale of consumables for toner cartridges;
-       Distribution of remanufactured by the Company compatible toner cartridges, under the Company own trademark ‘BLACKBOARD’.

2.2. Subject to Services are the products, offered by the moment of posting an Order on behalf of a User. The products that are to be sold through the Site are enlisted by type and duly classified in categories by common or similar features.

3. Registration (Sign Up)

3.1. Through a free of charge access to the Site, the statute of a Visitor shall be defined and information was given for activities and competence of the Company.

3.2. To receive Products and Services through the Site, a personal registration (sign up) shall be required. The registration is a necessary condition for the contractual relations to be stipulated between the User and the Company so that a trade or distribution to be possible which is the major goal of the Site.

3.3. A registration (sign up) of a User shall be done by following the set assigned steps through a voluntary input of required details and following accession of these General Terms, by the User.

3.4. Accepting to sign up to the Site, a User shall oblige himself/herself to give truthful, exact and valid required details, inserting them across the respectively labeled field, as follows: name, contact phone, full communication/delivery address, e-mail address.

4. A User has the rights, as follows:

-       To review, подава an individual Order through the Site, and to receive Products and Services under the rules and stipulations laid down herein;
-       To search for and require ancillary information for every Product or Service shown or details of it are available on the Site;
-       To get details about his/her Order;
-       To be delivered the ordered Products and/or Services to the address he/she has given as supply address after he/she has paid the price for them and the delivery
       price if there is such, under the procedure laid down on the Site, herein.

5. Rights and Obligation of the Company

5.1. The Company shall provide the Products and Services duly ordered by the User, on time and in good commercial quality. The Company shall give via an e-mail, or through other media additional information, consultation, or support, to its Users. The Company shall obey the terms of delivery, warranties and customer service.

5.2. The Company shall be entitled, however, not obliged to keep data recorded/stored on the server of the Site, under its Privacy and Confidentiality Policy (pts 24 & 25 of these General Terms), or granted to Third Parties by a User, and to submit them to Third Parties and/or to state authorities where it is needed necessary for protection of rights and legal interests, the property and security of the Company or Third Parties, in cases of claims in relation to breach of their rights connected to an information on the Site, and upon request by State authorities under applicable law.

5.3. The Company may, at any time with no prior notification to the User, where the User operates through the Services in breach infringement of these General Terms, so as at its discretion, to cancel or change the Services.

III. General Terms of Sale and Distribution. Sale & Distribution Contract.

6. Area of Application

6.1. The Company shall conclude sale and/or distribution contract with Users. The contracts are termless and constitute the terms for dealing of the Company with Users. The contractual terms shall be based upon the General Terms. In the event of any Customer wishing to contract with the Company otherwise than on the basis of such conditions special arrangements can be made and a revised price quoted by the Company.

6.2. In the absence of any such special arrangements (which shall not bind the Company unless made in writing and Signed on the Company’s behalf by a person duly authorised for that purpose) all quotations given and all contracts made by the Company and any additions or amendments thereto shall be subject to the General Terms which supersede and shall be taken to override any terms or conditions proposed or stipulated by the Customer.

7. Validity of Quotations

7.1. Quotations are open for acceptance within a term agreed by the Company and the User; after this period the Company's stated prices and conditions will require confirmation. The Company reserves the right to withdraw or amend a quotation until an order has been accepted. Acceptance of the Company’s quotation includes acceptance of the General Terms herein and any other special conditions specifically referred to in the quotation.

8. Pricing

8.1. Prices are quoted ex-warehouse, from the Company warehouses.

8.2. The Company reserves the right to change prices, to amend technical and other parameters of the Products without prior notice to Users. The Company will honour any received and accepted orders at a previously quoted price.

8.3. Prices quoted on the Site shall be for qualities started from 1 pc and up to 20 pcs, including. Any quality higher than the abovementioned quality shall be subject to a particular negotiation. The rule herein shall remain valid for both buy-back of empty cartridges, and for a sale of Products by the Company if otherwise was not agreed.

8.4. Prices are exclusive of VAT, other taxes and charges. Statutory taxes (such as Value Added Tax) shall be added to prices at the date of the invoice.

9. Delivery

9.1. Delivery of Products and/or Services posted through the Site shall be any and all actions altogether, necessary for passing of the Products ordered through the Site, by the Company to the User, posted the Order. A delivery comprises of, as follows: selection, packaging, expedition and transport. A delivery shall not include any installation, tests, diagnostics, inspections, or other actions whatsoever, requiring specific expertise.

9.2. A delivery shall be fulfilled upon completion on behalf of the User, of the financial terms laid down herein, and confirmed by the Company and/or particularly agreed with the User, delivery terms and conditions.

9.3. All shipping charges on delivery of orders shall be invoiced to the Customer unless otherwise agreed.

9.4. At handing in of Products, the User or a third party shall sign the documents enclosed to the Product. A Third Party shall be every person who is not the person posted the Order but is present on the given by the User delivery address and takes the Products on behalf of the User, at delivery.

9.5. If there is a refusal of Products by the User or a third party, with the exception of scenarios described under p.9.10 below, any such refusal shall be considered ungrounded and the User will pay the cost for both delivery and return of the Products.

9.6. If the User cannot be contacted within the delivery term on the specified by him/her delivery address, or an access and conditions for due delivery are not allowed, for handing in the Products on time, then the Company shall be free from liability to deliver the ordered Products. The User may confirm a wish to be supplied the Products upon the delivery term when he/she has not been contacted on the delivery address, has been expired, however, he/she must pay all extra second delivery costs. A new delivery term shall be counted at such a scenario, started from the moment of confirmation of the new delivery call.

9.7. The risk in all products delivered by the Company to the Customer or on an Order of him/her shall pass to the Customer on delivery.

9.8. The Company will strive to deliver the Products and/or Services within a reasonable time, but in no circumstances will the Company be liable for loss or damage of any kind whatsoever caused directly or indirectly by any delay in the delivery of the Products and/or Services, nor will any such delay entitle the Customer to cancel or rescind the contract.

9.9. The Company shall use its preferred carrier for delivery of orders unless specifically advised at the time of order that the Customer requires an alternative to being used. All charges over and above those subject to clause 9.3 shall be invoiced to the Customer.

9.10. A User ordered a Product may deny from receiving it on delivery in any of the following scenarios:

- The supplied Product does obviously not match to the one ordered by the User, and the fact thereof can be evidenced through a common glance at it, or
- There is an unconformity of the ordered Prоduct with the one supplied, which has not been possible to confirm at delivery.

9.11. The User may demand the delivered Products are replaced by the ones according to his/her order, within two working days upon delivery date.

9.12. The User may exercise his/her rights under Art.50 of the Consumers Protection Act (CPA) within 14 (fourteen) calendar days upon the delivery date provided that the Product was given back to the Company in the condition it has been received, with no use at all. The exclusions from that rule are explicitly specified in the CPA.

10. Part Deliveries & Storage

10.1. When an order includes a number of items, the Company reserves the right to deliver and invoice any part or parts of the order as completed. In such a case, unless otherwise agreed, every completed part delivery shall be invoiced and payment must effect against each invoice under the payment terms herein below.

11. Payment Terms

11.1. The User may pay the price for the ordered Products and Services either cash, or through a bank transfer to the bank account of the Company, or through cash on delivery.

11.2. The User shall pay cash at the Company office for the Products received on site.

11.3. The User shall pay through a bank transfer to the bank account of the Company within 5 (five) working days on the date of delivery of Ordered Products and receiving of the Delivery Invoice to his/her delivery address.

11.4. The User shall pay through cash delivery at handing in of the Products on his/her address.

11.5. Payment shall be made in the currency in which the sale was invoiced.

11.6. Users who have concluded contracts with the Company may be granted payment credit.

11.7. The Company shall reserve the right to countermand the preferential crediting terms if the credited User fails to pay off his/her duties properly in the due term.

11.8. The Company does not offer a Prompt Payment Discount.

11.9. Customers may not withhold payment of any invoice or another amount due to the Company by reason of any right of set-off or counterclaim to which the Customer may at any time be entitled.

11.10.The Company reserves the right to charge interest on overdue accounts.

12. Passing of Property

12.1. The property in the Products shall not pass to the Customer until the purchase price (to include related freight charges) has been paid in full.

12.2. The Customer agrees that it is in possession of all Products supplied solely as bailee for the Company until the Customer shall have paid the Company for the Products and any other Products supplied wherever by the Company.

12.3. Where the Company is unable to determine whether any Products are those relating to a specific Contract, then the Customer shall be deemed to have converted, incorporated, mixed or sold all Products of the kind sold by the Company to the Customer in the order in which they were invoiced to the Customer and any new goods so created shall be deemed to have been delivered to the Customer’s customers in the order in which they were created.

12.4. Customer covenants that he/she shall maintain the Products in good condition until the date of payment to the Company.

13. Products and Brands

13.1. The Company distributes own produced compatible toner cartridges under the ‘BLACKBOARD’ brand which is a registered trademark within the possession of the Company.

13.2. All Products sold by the Company are subject to use in remanufactured toner cartridges.

14. Force Majeure

14.1. If the Company is unable (whether temporarily or permanently) to procure any items necessary to enable it to supply the Products and/or Services or if the supply of the Products and/or Services is prevented or hindered by reason of Act of God, War, Act of Parliament or orders, regulations or bylaws made under any statutory authority, labour disputes including those involving the workforce of the Company, civil commotion, fire, flood or any causes of whatsoever kind and whenever occurring being a cause beyond the Company’s control, the Company may cancel the Contract by notice in writing to the Customer so far as it relates to Products and/or Services not then supplied and such cancellation shall not give rise to any claims by the Customer. The Customer shall remain liable to pay for Products and Services delivered prior to the date of such cancellation.

15. Warranty and Claims

15.1. The Company warrants all products sold by the Company to be free from functional defects in materials and workmanship. Warranty claims must be made within 90 days from the date of the invoice issued by the Company for the goods subject to the warranty claim.

15.2. The Company warrants that usage of any Products furnished hereunder is completely safe for the health of its user, so as for other persons inside the premise/ close area around the Product, should the Product is being stored, installed and used under the requirements of the manufacturers of the parts and components of both the Product and the machine the Product works on

15.3. The Company warrants only Products produced by its own. The Company shall transmit to the User the warranty of the manufacturer for the parts and components purchased from it. The warranty shall initiate from the date of the invoice issued and shall be in place valid provided that the Products are stored, installed and exploit under the strict спазване of the warranty terms of the manufacturer of the parts or the ones of the original (imaging) machine manufacturer (OEM), respectively.

15.4. The warranty shall void in case of a damage caused by any of the following: an inappropriate transport not granted by the Company, or either an inaccurate storage, installation or exploitation, or an effort of the User for self-fixing of the Product.

15.5. The Company will be liable for possible defects of Products caused at delivery with the Company own transport. If an outsourced delivery courier is selected the Company shall be deemed liable for the quality and type of packaging in respect to the safety of the Products, and for the hand in the Products to the Courier representative, only.

15.6. Warranty claims may be placed in writing at the Company office, via an e-mail, or by post, and as placement date shall be considered the sending date postmark. The Company will consider the circumstances of rising of the warranty claim and if the Company accepts the claim it will do whatever needed, to make the Product in compliance to the Order, within one month from the claim placement date.

15.7. The Company shall have no liability to the purchaser or User by reason of any representation or any implied warranty, condition, or other term or any duty at common law or under the express terms of the warranty for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever which arise out of or in connection with the supply of goods or their use or resale by the purchaser or User.

16. Notices

16.1. Every notice whatsoever related to granting of Services through the Site shall be in writing – by the User to the Company, on the Company contact address which is publically accessible on the Site, and by the Company to the User – on the User’s correspondence address, either an e-mail, or a physical, entered through the User signing up. The submitted thereby notices shall be deemed due received until opposite proven.

17. Severance

17.1. Any provision of these General Terms which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision.

18. Governing Law

18.1. These General Terms of Use shall be subject to and construed in accordance with Bulgarian Law and the User submits to the non-exclusive jurisdiction of the Bulgarian Courts.

18.2. These General Terms constitute the entire agreement between the User and the Company with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

IV. Terms of Use the Site.

19. Terms of Use

19.1. The Site shall operate under the described herein rules, provisions and limitations which are in force for all Users of the Site. Every User shall accept the General Terms herein as a step of his/her personal registration onto the Site and shall agree to obey them from the very first moment of logging in with his/her personal ID and password until he/she has logged out from the Site.

19.2. The General Terms shall be published prominently on the Site and accessible to every Visitor or User. If a User does not agree with one or more of the Site provisions herein, then he/she shall be free to restrain from applying it, otherwise a general accession to all the General Terms shall be deemed valid.

19.3. In the case of any violation of the General Terms herein, the Company reserves the rights to seek all remedies available by law and in equity for such violations.

19.4. A User identification for the purpose of reproducing his/her accession statement of the General Terms shall be done through the recorded log files on the Site server, through the IP address, or through any other piece of information received from the usage of the Site.

19.5. These general Terms apply to all Users of the Site, both now and in the future.

20. Modifications

20.1. The Company reserves the right to change these General Terms in its sole discretion and resolution.

20.2. The Company may change the General Terms at any time without an obligation to pose an advance notice thereto. The Company shall announce the date of last changes and the changes themselves. The User shall be deemed bound to the changes from the moment of their publishing, except declares that he/she does not accept.

20.3. In case the User explicitly declares his/her disagreement with changes in the General Terms herein, then the Company reserves the right to cancel temporary, or break off the access of the User to the Products and services, altogether, and all the raised duties shall be subject to pay off.

V. Accessibility.

21. Terms of Access

21.1. The access to the Site is free and with no charge. The usе of the Services requires a personal registration/signing up which is done by filling in a number of mandatory, marked respectively fields.

21.2. The Company shall not guarantee a steady and continuous operation of the Site. The Company can restrain the access to it, either partially – to a particular article, or completely – to the Site altogether, for unlimited period of time, either planned, or incidentally, being not liable for any consecutive damages or losses, incurred by the User.

22. Third Parties Websites

22.1. The Site may contain links to third-party websites, which are not under the control of the Company. The Company makes no representation whatsoever about any other websites to which you may have access through the Site. When you access a non Site website, you do so at your own risk and the Company shall not be responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. The Company provides these links merely as a convenience and the inclusion of such links does not imply that the Company endorses or accepts any responsibility for the content or uses for such websites.

22.2. The Company may shift the User to other websites, owned or controlled by the Company, or by its affiliated companies, or of wholly owned subsidiaries. In such a case the General Terms herein shall remain the governing.

VI. Liability.

23. User

23.1. Sending data files materials to the servers of the Site, either via an e-mail, or through the Site, including, but not only, shall the User state that:

-       The materials files and the information therein, does not contain anything in contradiction to the applicable law, or is not appropriate for publication;
-       He/she shall apply all appropriate means to detect and remove the viruses or any other potentially harmful or destroying items and programs, prior to send
        the materials files and the information therein.

23.2. The User shall owe remedies to both the Company and to third parties for all endured damage and lost profits, including administrative costs, paid attorney’s fees, and other reasonable expenses, raised in consequence of declared claims and/or paid compensations to third parties in relation to websites, hyperlinks, files materials or information, whatsoever that the User has been used, placed uploaded on the server, sent, broadcasted, made known to third parties, or made accessible through the Site, in offense of law, the General Terms herein, good morality, and the Internet ethics.

23.3. Although The Company has attempted to provide accurate information on this Website, The Company assumes no responsibility for the accuracy of the information. The Company may change the information or Products at any time without notice. Mention of non-the Company products or services is for information only and constitutes neither an endorsement, nor recommendation.

23.4. The Company shall not be liable for a breach of a failure of its obligation of granting the Service under circumstances that the Company has not counted for and was not to count for, including accidental occurrences, problems in the Internet, and in administration of the Services beyond the control of the Company.

23.5. The Company shall not be bound for any liability, whatsoever for implement the Order in case of either part, or wrong delivery address, a contact person, or phone, has been posted at the registration of the User, or at posting of an Order.

23.6. The Company shall consider free from liability for possible typing mistakes, variances in coloured visualisation on the User’s computer device, so as for any change in design of Products.

23.7. The Company shall not be liable towards to the Users and third parties for any endured damages and lost profit, occurred in consequence of either termination, or cancellation, change, or limitation of the Services, deletion, modifications, loosing, untrustworthiness, inaccuracy or lack of completeness of data, notices, etc., transmitted, used, recorded, or became accessible through the Site.

23.8. The Company shall not be liable for any damage, caused on software, hardware, or telecommunication facilities whatsoever, or for of data loss resulting from materials or resources searched, loaded, or used by any manner whatsoever, through the Services granted on the Site. No advises, consultations or support given by Company experts or employees in relation with receiving of Services by Users, shall not raise any liability, or duty, whatsoever, for the Company.

23.9. All information provided by the Site is provided “as is” with all faults without warranty of any kind, either express or implied. The Company and its suppliers disclaim all warranties, expressed or implied, including, but not limited to those of merchantability, fitness-for-a-particular purpose and non-infringement arising from a course of delaying, usage or trade practice. The Company and its suppliers shall not be liable for any damages, including direct, indirect, special, consequential, or incidental damages of any kind including, without limitation, loss profit or revenues, cost of replacement goods, loss or damage to date or arising out of the use or inability to use the Site or any the Company product, or any such damages resulting from use of, or reliance upon any of the information presented, even if the Company or its suppliers have been advised of the possibility of such damages.

VII. Personal Data Protection

24. Personal Data and Privacy Policy

24.1. Personally identifiable information is information that identifies you, or that can be used to identify you or to contact you, either physically or online. This information includes: your name, your email address, your address, your telephone number, your personal civil or social number and your credit card number. We only collect personally identifiable information with your consent. It is possible for you to visit our website without providing any personally identifiable information. However, some portions of our website may be accessible only to users who have previously registered with us and who provide personally identifiable information as part of the registration process or log in procedure.

24.2. The Company is committed to honoring the privacy of our Users and of Visitors to our website. The Company provides this statement to inform you of our Privacy Policy, to tell you what information we collect and how we use it, as well as how you can access this information and request changes to it.

24.3. The Privacy Policy is the systematic practice and procedures of ours thereto. It regulates all websites in possession of the Company, so as the ones of the affiliated with us partners and subsidiaries. We do, from time to time, review and revise these practices and procedures. Any material changes we make to the Privacy Policy will be posted in this section of the website and highlighted for thirty days. Any such change in the Privacy Policy will be accompanied on a notice on the Site, as well. Please review this Privacy Policy on a regular basis. This Privacy Policy governs all The Company owned and affiliated websites as well as those of our wholly owned subsidiaries.

24.4. The Company shall take reasonable steps to protect the privacy and the safety, and to prevent from any malicious or accidental disclosure of personal data. Only entitled staff of the Company shall have the access to personal details and these employees shall be obliged to consider the data as confidential and in complete conformity with the PDPA (Personal Data Protection Act). Notwithstanding all safety measures the Company cannot guarantee complete protection of the personal data of the Users and the Visitors, and shall not be liable in case of a malicious break-in to the data.

25. What Kind of Personal Data we Collect. How Do We Use the Information Which Identifies You Personally?

25.1. The Company may use personal data from a registration to the Site, from requests for events, evaluations of vacancy applications, or for other purposes which a User may submit to the Company through the Site. We may keep your information and to use it to contact you when a new vacancy is open.

25.2. Data may be received in addition to a direct posting by a User, by logs in to the Site, or through „cookies”. A „cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser.
The details we collect through &bdquocookies&rdquo are used for statistical assessment purposes of the Users’ behavior aimed to assess their interest to particular sections of the Site, and in no circumstance are not identify, personally profile or are being stored as personal details for a User.

25.3. The Company will not sale, rent, speculate with, or deliberately disclose, or предостави to third parties any personal details, whatsoever of Users, with the exception of any of the following scenarios:

-       If there is a preliminary consent by the User for doing so;
-       Within the предоставяне на Services to the User, under p. 25.4;
-       If there is such a requirement by law related to a legal action, for the purpose of preventing an infringement.

25.4. In order to support and enhance our customer relationship with you, we may use your personally identifiable information within our company and we may share it with other The Company affiliated companies and wholly owned subsidiaries. In addition, we may share your personally identifiable information with third party companies, such as suppliers and shippers, to the extent necessary to fill and process your order and to insure that you receive the very best customer service that is possible. On occasion, we may be required to reveal your personally identifiable information in connection with law enforcement investigations, fraud prevention or other legal action. Any other use of your personally identifiable information will only be made with your consent.

26. Review and Change of Personal Data

26.1. To review or change your personally identifiable information stored in your account, you must contact our customer financial services team at office@tonersupport.com. You may also request to see all of your personally identifiable information that we have stored in our files by submitting a written request to: 14A, Prof. Ivan Georgov St., 1220 Sofia.

VIII. Limitations to Use. Trade Marks and Copyrights.

27. Limitations to Use

27.1. All contents of the Site are protected by copyright. Except as specifically permitted herein, no portion of the information on the Site may be reproduced in any form, or by any means, without prior written permission from the Company. Visitors or users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this website for any public or commercial purpose.

28. Trade Marks

28.1. The trademarks, logos and service marks displayed on this Website are the property of The Company or other third parties. Users are not permitted to use these marks without the prior written consent of The Company or such third party which may own the mark.

28.2. The trade marks „Toner Support” and „BLACKBOARD” are in possession of the Company.