General Terms and Conditions of Sale and Use

These General Terms and Conditions of Sale and Use (hereinafter "GTCSU") govern:

• The use of the website promotexo.com (hereinafter "the Website").
• The terms of ordering, delivery, payment and warranty for products offered by OLB SPORTS OOD, a company registered in Bulgaria under UIC number 208208044, with registered office at Boulevard Vitosha No. 78 fl.1 apt.1, SOFIA region, city of SOFIA 1463, Bulgaria (hereinafter "Promotexo").
• The contractual relationships between Promotexo and any user or professional or private customer (hereinafter "the Customer").

Access to the Website, browsing or placing an order implies full and unreserved acceptance of these GTCSU.

1. Definitions

• Customer: Any natural or legal person accessing the Website or placing an order with Promotexo.
• Customized Products: Products manufactured according to Customer specifications (dimensions, logos, colors, printing, etc.). These products are not eligible for the right of withdrawal.
• Promotional Products: All promotional items intended for corporate communication.
• Proof (BAT): Digital proof submitted to the Customer for approval before production.
• Force Majeure: An unforeseeable, irresistible and external event preventing the performance of a contractual obligation.

2. Publisher Identity

Hosting: o2Switch, Chem. des Pardiaux, 63000 Clermont-Ferrand, France

3. Purpose and Scope

These GTCSU apply to all sales of promotional products, customized textiles and promotional items, as well as to all contractual relations between Promotexo and the Customer.

4. Products and Services

4.1. Product Range

Promotexo offers a comprehensive range of promotional products:

• High-tech: USB drives, powerbanks, chargers, speakers, phone accessories
• Writing: pens, pencils, highlighters, desk sets
• Bags: bags, briefcases, suitcases, pouches
• Textiles: t-shirts, polos, hoodies, jackets, caps
• Drinkware: mugs, water bottles, glasses, cups
• Office: notebooks, diaries, desk accessories
• Home: umbrellas, blankets, tools
• Goodies: keychains, badges, magnets, eco products

4.2. Customized Products

Customized products are manufactured according to Customer specifications. Due to their bespoke nature, they cannot be returned or exchanged, except in the case of manufacturing defects.

4.3. Printing Techniques

• Screen printing: flat printing, ideal for large quantities
• Pad printing: curved or irregular surfaces
• Embroidery: premium textile branding
• Laser engraving: metal, wood, glass
• Digital printing (DTG/DTF): full-color textile printing
• Sublimation: all-over printing
• Doming: 3D resin labels

5. Product-Specific Regulations

5.1. Electronic and High-Tech Products

USB Drives and Storage Devices

• CE Marking: Compliance with European directives (Directive 2014/30/EU EMC, Directive 2014/35/EU Low Voltage)
• RoHS Directive (2011/65/EU): Restriction of hazardous substances (lead, mercury, cadmium, hexavalent chromium)
• WEEE Directive (2012/19/EU): USB drives are electronic equipment - mandatory collection and recycling
• Actual Capacity: The stated capacity corresponds to usable storage capacity. Formatted capacity may be 5-10% less (system space)
• Data Warranty: Promotexo cannot be held responsible for data loss on USB drives

Powerbanks and External Batteries

• CE Marking: Mandatory for placement on the European market
• Battery Directive (2006/66/EC and 2013/56/EU): Mandatory collection and recycling
• Regulation (EU) 2023/1542: New battery regulation applicable from 2024
• Air Transport: Powerbanks >100Wh are prohibited in checked luggage. Powerbanks >160Wh are prohibited on aircraft. The Customer is responsible for compliance with transport rules
• Safety Standards: IEC 62133 for lithium-ion batteries, protection against overcharging, short circuit, overheating
• Capacity: Nominal capacity indicated in mAh. Actual output capacity may vary depending on conditions of use (temperature, cable, device being charged)

Chargers and Power Adapters

• Low Voltage Directive (2014/35/EU): Mandatory electrical safety
• CE Marking: Attestation of compliance with European standards
• Universal USB-C Charger: Compliance with Regulation (EU) 2022/2380 on the universal charger

Bluetooth Speakers and Wireless Products

• RED Directive (2014/53/EU): Radio equipment - mandatory declaration of conformity
• Authorized Frequencies: ISM 2.4 GHz band compliant with European regulations
• Transmission Power: Compliant with European limits (100mW EIRP)

5.2. Food Contact Items

Mugs, Water Bottles, Lunch Boxes

• Regulation (EC) No. 1935/2004: Materials intended to come into contact with foodstuffs
• Regulation (EU) No. 10/2011: Plastic food contact materials - migration limits
• Regulation (EC) No. 2023/2006: Good manufacturing practices
• Glass-fork Symbol: Attestation of food contact suitability
• BPA-free: Our food contact products are guaranteed BPA-free
• Migration Tests: Compliance with global and specific migration limits - certificates available on request
• Temperature of Use: Observe the temperature ranges indicated (hot/cold) for each product

5.3. Textiles and Clothing

• REACH Regulation (EC 1907/2006): Registration, evaluation and authorization of chemicals
• Regulation (EU) No. 1007/2011: Mandatory textile labeling (composition, country of origin, care instructions)
• OEKO-TEX Standard 100 Certification: Many products certified free of harmful substances (on request)
• GOTS Certification: Certified organic cotton available on selected range
• Prohibited Azo Dyes: Compliance with azo dye regulations (REACH Regulation Annex XVII)
• Washing Shrinkage: A shrinkage of 3-5% on first wash is possible on certain textiles

5.4. Children's Items and Toys

• Toys Directive (2009/48/EC): Applicable if the product is intended for children under 14
• EN 71 Standard: Toy safety (parts 1-3 minimum: mechanical/physical properties, flammability, element migration)
• Mandatory Warnings: "Not suitable for children under 36 months" if applicable
• Small Parts: Choking hazard - compliance with minimum dimensions

5.5. Ecological and Recycled Products

• Environmental Claims: Compliance with Directive 2005/29/EC on unfair commercial practices (greenwashing)
• Recycled Materials: Percentage of recycled material indicated (rPET, recycled plastic, etc.)
• Biodegradability: According to EN 13432 for compostable products
• Certifications: FSC (wood/paper), GRS (recycled), Fairtrade available depending on range

5.6. Umbrellas and Protective Items

• EN 12778 Standard: Umbrellas - Safety requirements and test methods
• Wind Resistance: Stated characteristics are indicative. Damage due to excessive wind is not covered by warranty
• UV Protection: UPF factor indicated where applicable, measured according to AS/NZS 4399

5.7. Lighters and Matches

• EN ISO 9994 Standard: Safety specifications for lighters
• Decision 2006/502/EC: Prohibition of novelty lighters (attractive to children)
• Child Safety: Mandatory child resistance mechanism
• Age Restrictions: Sale prohibited to minors - responsibility of the distributor Customer

5.8. Product Liability

Promotexo disclaims all liability in case of non-compliant use, product modification, or non-compliance with regulations by the distributor Customer.

6. Orders and Approval Process

6.1. Order Process

Any order is deemed final after:

• Approval of the quote by the Customer
• Approval of the proof by the Customer
• Payment of the deposit (minimum 50%)

6.2. Proof (BAT)

A digital proof is systematically sent before production. The Customer has 48 hours to approve or request modifications.

After this period without response, the proof is considered approved.

Approval of the proof constitutes final acceptance. Promotexo cannot be held responsible for errors present on an approved proof.

6.3. Cancellation and Modification

In case of cancellation exceptionally accepted by Promotexo before proof approval:

• Cancellation fee of minimum 30% of the order amount
• Full invoicing of costs already incurred (plates, setup, material purchases)
• Deposits paid remain acquired by Promotexo

Any modification requested after proof approval will be charged additionally and will delay delivery times.

6.4. Quantity Tolerance

In accordance with promotional products industry practice, a tolerance of +/- 5% is accepted on delivered quantities. Invoicing will be adjusted according to quantities actually delivered. This tolerance cannot give rise to any claim.

6.5. Product Availability

Products are offered subject to stock availability. In case of unavailability after order placement, Promotexo will inform the Customer and propose an equivalent replacement product. The Customer may accept the replacement or request a refund of amounts paid, without additional compensation.

7. Prices and Payment

7.1. Pricing

Prices are quoted in euros excluding tax (excl. VAT). Applicable VAT:

• Bulgarian customers: 20% VAT
• EU customers with valid VAT number: Exemption (reverse charge)
• EU customers without VAT number: Bulgarian 20% VAT
• Non-EU customers: Exemption (export)

Prices may be modified at any time. Only prices indicated on the validated quote are binding. Shipping costs, technical fees (plates, setup, Pantone) and options are charged separately.

7.2. Payment Terms

For professional customers with an instalment payment agreement:

• Minimum deposit of 50% at order
• Balance before shipment or per agreed schedule

Accepted payment methods: SEPA bank transfer, credit card (Visa, Mastercard).

No production will begin before receipt of full payment (or agreed deposit) AND proof approval.

7.3. Late Payment

In case of late payment:

• Outstanding amounts will automatically bear interest at 3 times the legal interest rate in force
• A fixed compensation of 40 EUR for recovery costs will be automatically due
• Promotexo reserves the right to immediately suspend any pending order
• Goods remain the property of Promotexo until full payment (retention of title clause)

7.4. Retention of Title

Promotexo retains ownership of products until full payment of the price. Transfer of ownership is suspended until effective receipt of all sums due. In case of non-payment, Promotexo may claim the return of delivered products.

8. Delivery

8.1. Delivery Times - IMPORTANT CLAUSE

Indicative deadlines start from the cumulative fulfilment of the following conditions:

• Receipt of full payment (or agreed deposit)
• Written approval of the proof by the Customer
• Receipt of all files compliant with technical specifications
• Confirmation of product availability by our suppliers

Standard indicative deadlines: 2 to 4 weeks depending on products, quantities and printing techniques.

Express service: available on request with surcharge, subject to technical feasibility.

8.2. Causes of Delay

Promotexo cannot be held responsible for delivery delays resulting from:

• Delay or failure of suppliers and subcontractors
• Supplier stock shortages
• Carrier delay or logistics issues
• Customs procedures
• Delay in proof approval by the Customer
• Non-compliant files requiring corrections
• Customer modification requests during production
• Force majeure (see Article 12)
• Any event beyond the control of Promotexo

Under no circumstances may a delivery delay justify the cancellation of a customized product order, a refund request or any compensation whatsoever.

8.3. Transfer of Risk

Transport risks are transferred to the Customer upon handover of products to the first carrier, regardless of delivery location. The Customer must:

• Check the external condition of packages upon delivery
• Record written, precise and detailed reservations on the delivery note in case of visible anomaly
• Confirm these reservations by registered letter to the carrier within 3 business days
• Inform Promotexo by email within 48h with supporting photographs

In the absence of reservations made in the required form and within the required timeframe, no claim will be accepted.

8.4. Partial Delivery

Promotexo reserves the right to make partial deliveries. Each partial delivery will be invoiced separately. The Customer may not refuse a partial delivery.

9. Warranty and Claims

9.1. Conformity Warranty

Promotexo only guarantees the conformity of delivered products to the proof approved by the Customer. This warranty is limited to proven manufacturing defects and covers only the replacement or refund of defective products, excluding any other compensation.

9.2. Warranty Exclusions

The warranty is expressly excluded in the following cases:

• Errors on a proof approved by the Customer (spelling mistakes, colors, dimensions, positioning)
• Poor quality files provided by the Customer (low resolution, non-vectorized fonts)
• Normal wear and tear
• Misuse, inappropriate storage or non-compliant maintenance
• Minor color variations (5-10% variance between screen/proof and final product, inherent to printing processes)
• Minor dimensional variations (tolerance of +/- 5mm on print positioning and dimensions)
• Non-compliance with conditions of use and maintenance
• Transport damage (if reservations not recorded)
• Customer modifications or alterations to products

9.3. Claims Procedure

Any claim must be made in writing within 7 calendar days following receipt, accompanied by:

• High-definition photographs of the affected products
• Precise and detailed description of the defect
• Order number and copy of the delivery note
• Copy of the approved proof

After this 7-day period, no claim will be accepted. Products must be kept in their original state for possible expert assessment.

9.4. Limitation of Liability

Under no circumstances may Promotexo be held liable for indirect damages, including but not limited to:

• Loss of profit, loss of revenue
• Commercial damage, loss of customers
• Damage to image or reputation
• Loss of opportunity, loss of earnings
• Costs of cancelled or postponed events
• Costs incurred by the Customer (additional printing, rental, staff, etc.)

The Customer expressly waives any claim in this regard.

10. Right of Withdrawal

The right of withdrawal does not apply to customized products (in accordance with EU Consumer Rights Directive 2011/83/EU, Article 16(c)).

For standard non-customized products, a 14-day withdrawal period applies. Return shipping costs are borne by the Customer.

11. Intellectual Property

11.1. Content Provided by the Customer

The Customer warrants that they hold the rights to all elements provided and indemnifies Promotexo against any third-party action.

11.2. Prohibited Content

Promotexo refuses any order containing illegal, defamatory, discriminatory or counterfeit elements.

12. Force Majeure

Promotexo shall not be held liable for total or partial non-performance of its obligations if such non-performance is attributable to force majeure or a fortuitous event, including but not limited to:

• Strikes, lockouts, social unrest (including at suppliers and carriers)
• Fires, floods, storms, natural disasters
• Pandemics, epidemics, government health measures
• Wars, acts of terrorism, riots, civil unrest
• Supply shortages at suppliers
• Raw material shortages
• IT failures, cyberattacks
• Interruption of transport or telecommunications networks
• Subcontractor failure
• Any government or administrative decision affecting production or delivery

In the event of such an occurrence, Promotexo's obligations shall be suspended for the duration of the event. If the event continues beyond 30 days, either party may terminate the contract without compensation. Deposits paid shall remain acquired by Promotexo for costs incurred.

13. Personal Data

Processing in accordance with the GDPR. See our Privacy Policy.

14. Applicable Law and Disputes

GTCSU governed by Bulgarian law.

In case of dispute:

• Amicable resolution sought first
• Consumers: courts of the country of residence
• Professionals: courts of Sofia, Bulgaria

ODR Platform (EU): https://ec.europa.eu/consumers/odr