GENERAL TERMS AND CONDITIONS

I. SUBJECT

Art. 1. These general terms and conditions are intended to regulate the relations between "WEBSITE" LLC, UIC 0000001,  hereinafter referred to as  PROVIDER, and the clients, hereinafter referred to as  USER AND/OR CONSUMER, of the current platform  website.com, hereinafter referred to as "website".

 

II. SUPPLIER DATA

Art. 2.Information according to the Electronic Commerce Act and the Consumer Protection Act:

1. Name of the Provider: "WEBSITE" LLC

2. Registered office and address of management:

3. Address for exercising the activity and address for submitting complaints by consumers: 

4. Correspondence details:

5. Entry in public registers: UIC 0000001, Personal data administrator number: No. 0000001

6. Supervisory authorities:

(1) Personal Data Protection Commission

(2) Consumer Protection Commission 

7. Registration under the Value Added Tax Act

 

III. FEATURES OF THE PLATFORM

Art. 3. This website is an e-commerce platform, accessible at the Internet address www.WEBSITE.COM, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier on the platform, including the following:

1. To register and create a profile to browse the Provider's e-store and use the additional services for providing information;

2. To review the goods, their characteristics, prices and delivery terms;

3. To conclude contracts with the Supplier for the purchase, sale and delivery of the goods offered by the platform;

4. To make any payments in connection with the concluded contracts, including through electronic means of payment.

5. To receive information about new goods offered by the Supplier on the platform;

6. To make electronic statements in connection with the conclusion or execution of contracts with the Provider on the platform through the interface of the page accessible on the Internet;

7. To be informed of the rights arising from the law, primarily through the platform's interface on the Internet;

8. Exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

Art. 4. The Supplier on the platform organizes the delivery of the goods and guarantees the rights of the Users, as provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.

Art. 5. (1) Users conclude a contract for the purchase and sale of goods with the Supplier on the WEBSITE.COM platform. The contract is concluded and stored in the Supplier's database on the platform.

(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Provider on the platform undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the interface on the platform. Users have the right to correct errors in entering information no later than sending the statement for the conclusion of the contract to the Provider on the platform.

(3) Users pay the Platform Provider a fee for the delivered goods in accordance with the terms and conditions set out in the Platform and these General Terms and Conditions. The fee is in the amount of the price announced on the Platform. In the event of a technical error in the price, the Provider shall immediately notify the User of the correct price of the product and shall have the right to refuse an order placed due to an incorrect indication of its real price. The Platform is a catalogue in nature, and the products presented therein do not constitute an offer to conclude a contract. An offer to conclude a contract is provided by the User upon completion of the relevant order.

(4) To place an order for some of the products on the platform, the User must pay an advance deposit in an amount determined by the Supplier. In the event that a given product falls within the scope of the previous sentence, the User will be informed of this before placing an order for the product in question, through an information notice on the product page on the platform.

(5) The price of goods on the Platform can be indicated in several ways:

- standalone selling price, without additional indication of the MSRP (Supplier's Recommended Price) or old discounted and crossed out price;

- selling price, as well as the MSRP (Recommended Retail Price) indicated to it. MSRP is a recommended retail price for products, which is provided by a manufacturer and/or supplier. MSRP can also be called MSRP (end-user price) or recommended retail price. The presence of a MSRP does not mean that there is a discount or promotion for the specific product. MSRP is an additional information reference for the User regarding the prices that the manufacturer and/or supplier recommends. Each selling price, even if a MSRP is indicated to it, is determined independently by the administrator of this website.;

- selling price, as well as the old reduced and crossed out price indicated to it. The old (reduced) price is the lowest price for the specific product for the last 30 days. In certain situations, the old (reduced) price may not be the lowest price for the last 30 days in case there is a progressive price reduction within the meaning of Art. 65, para. 5 of the Consumer Protection Act - In the case of a progressive price reduction, the previous price is the price without reduction before the first price reduction. According to Art. 65, para. 2 of the Consumer Protection Act, the Previous Price is the lowest price of the good or service that the trader applied during a period not shorter than 30 days before the date of the price reduction in the same retail outlet, website or application. Discounts on the Platform are marked with a label indicating the percentage of the reduction.

(6) The Supplier on the Platform provides Users with Price Protection. Price Protection has the following application and meaning - if the User purchases a product from the Platform and subsequently discovers that the amount paid by him has become lower within 7 days of placing the order, the Supplier will add the difference as a monetary value to his profile. For this purpose, the User must contact the 24/7 customer support within these 7 days. Price Protection is applicable only to the sales price indicated on the Platform at the time of the order. Price Protection is not valid in the event that the sales price is further reduced by the User by using a promo code and/or voucher, as well as in the event of a special individual price reduction provided to the specific User.

Art. 6. (1) The User and the Supplier on the platform agree that all statements between them in connection with the conclusion and performance of the purchase and sale contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.

(2) It is assumed that the electronic statements made by the Users of the site were made by the persons specified in the data provided by the User upon registration, if the User has entered the relevant username and password for access.

 

IV. REGISTRATION FOR USE

Art. 7. (1) In order to use the Website to conclude contracts for the purchase and sale of goods, the User must enter a name and password for remote access chosen by him or authenticate himself through his Facebook or Google account, which is deemed to have accepted these general terms and conditions. Acceptance of these general terms and conditions is also made upon finalization of each order by the User.

(2) The name and password for remote access are determined by the User, by completing an online registration on the Provider's website in the platform, in accordance with the procedure specified therein. Users have the opportunity to place orders for delivery of goods and a profile from the social networks Facebook and Google.

(3) By filling in their data in the user basket and clicking the "Complete order" button, the User declares that they are familiar with these general terms and conditions, agree with their content and undertake to unconditionally comply with them.

(4) The Supplier confirms the order placed by the User by e-mail. An account is created for the User and a contractual relationship arises between him and the Supplier.

(5) When registering or ordering, the User undertakes to provide correct and up-to-date data. The User undertakes to promptly update the data specified in his registration or order in the event of any change.

 

V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALES AGREEMENT

Art. 8. (1) Users primarily use the interface of the Supplier's page on the platform to conclude purchase and sale contracts for the goods offered by the suppliers on the platform.

(2) In cases of ordering goods without registration by the User, the latter accepts these general terms and conditions at the moment of finalizing the order.

Art. 9. Users conclude the contract for the purchase and sale of goods on the platform according to the following procedure:

(1) Log in to the system to place orders on the platform.

(2) Selecting one or more of the goods offered by the Supplier on the platform and adding them to a list of goods for purchase.

(3) Providing the necessary data for individualization of the User as a party to the contract.

(4) Provision of data for delivery;

(5) Choice of method and time for payment of the price.

(6) Order confirmation;

 

VI. CONTENT OF THE CONTRACT

Art. 10. (1) The Supplier and the Users shall conclude separate contracts for the purchase and sale of the goods requested by the Users, regardless of whether they are selected with one electronic statement and from one list of goods for purchase.

(2) The Supplier may organize the delivery of the goods ordered under the separate purchase and sale contracts together and simultaneously.

(3) The rights of the Users in relation to the delivered goods are exercised separately for each purchase and sale agreement. The exercise of rights in relation to the delivered goods does not affect and has no effect on the purchase and sale agreements of other goods. In the event that the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right to withdraw from the contract for the purchase and sale of certain goods does not affect the contracts for the purchase and sale of other goods delivered to the consumer. Consumers benefit from a legal guarantee of conformity of the goods with the sales contract.

(4) In the case of delivery of goods that are delivered promotionally together with other goods in a set, the delivery and return rules of the respective set, as announced in the product profile in the online store, shall apply with priority.

Art. 11. When exercising the rights under the purchase and sale contract, the User is obliged to accurately and unambiguously indicate the contract and the goods in respect of which he exercises the rights.

Art. 12. (1) The user may pay the price for the individual purchase and sale contracts at once when placing the order for the goods or upon their delivery.

(2) With regard to goods that are delivered promotionally together with other goods in a set, the price for the set applies only to its entirety and is indivisible for individual goods in the set.

(3) In the event that the Supplier accepts the return of one item from a set under para. 2, the User has the right to be refunded an amount for the returned item from the set, which is proportional to the ratio between the prices of the items from the set in the Supplier's online store when they are not offered in a set with each other.

 

VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE CAPACITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT AND THE ACT ON THE PROVISION OF DIGITAL CONTENT AND DIGITAL SERVICES AND ON THE SALE OF GOODS

Art. 13. The rules of this Section VII of these general terms and conditions apply only to Users for whom, according to the data provided for the conclusion of the purchase and sale contract or upon registration, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act, the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods  and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.

Art. 14. (1) The main characteristics of the goods offered by the Supplier on the platform are defined in the profile of each good on the platform.

(2) The price of the goods, including all taxes and fees, is determined by the Supplier on the platform in the profile of each product on the platform.

(3) The value of postal or transport costs not included in the price of the goods is determined by the Supplier on the platform and is provided as information to the Users when selecting the goods for concluding the purchase and sale contract and before finalizing the order. 

If a User fails to receive a sent item more than once, the Supplier reserves the right to:

- charges transportation costs for the User with each subsequent order;

- not to provide the right of withdrawal from purchased goods for a period of more than 14 days;

- not to provide gifts with the User's next orders;

- to refuse the "Price Protection" in case the User invokes it.

(4) The methods of payment, delivery and performance of the contract are determined in these general terms and conditions and the information provided to the User through the mechanisms on the platform.

(5) The information provided to Users under this article is current at the time of its visualization on the platform before the conclusion of the purchase and sale contract.

(6) Users agree that all information required by the Consumer Protection Act and the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods  may be provided through the platform interface or e-mail.

Art. 15. (1) The user agrees that the suppliers on the platform have the right to accept advance payment for the contracts concluded with the user for the purchase and sale of goods and their delivery.

(2) The User independently chooses whether to pay the Supplier on the platform the price for the delivery of the goods before or at the time of their delivery.

(3) In case the value of the User's order is equal to or exceeds 10,000 euros, payment is made only by transfer or deposit into the Supplier's payment account.

Art. 16. (1) The consumer has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within 30 days.

(2) The right of withdrawal under paragraph 1 does not apply in the following cases:

1. for the provision of services where the service is provided in full, when the contract provides for an obligation for the consumer to pay, and the performance has begun with the consumer's express prior consent and confirmation that he knows that he will lose his right of withdrawal once the contract is fully performed by the trader;

2. for the supply of goods or services whose price depends on fluctuations in the financial market, which cannot be controlled by the trader and which may occur during the period for exercising the right of withdrawal;

3. for the delivery of goods made to order by the consumer or according to his individual requirements;

4. for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life, such as food, beverages and dietary supplements;

5. for the delivery of sealed goods that are unsealed after delivery and cannot be returned for reasons related to hygiene or health protection (such as earplugs, clothing, underwear, swimwear, socks, baby products, epilators, razors, toothbrushes, hairbrushes, medical devices in contact with the human body, including stethoscopes and inhaler masks, etc.);

6. for the delivery of goods which, after being delivered, due to their nature, have become mixed with other goods from which they cannot be separated;

7. for the supply of alcoholic beverages, the price of which is agreed upon at the conclusion of the sales contract, where delivery can be made no earlier than 30 days from the conclusion of the contract, and whose actual value depends on market fluctuations that cannot be controlled by the trader;

8. where the consumer has explicitly requested the trader to visit him at his home for the purpose of carrying out urgent repair or maintenance work; where, during such a visit, the trader provides other services in addition to those requested by the consumer or supplies goods other than the spare parts necessary to carry out the repair or maintenance, the right of withdrawal shall apply to those additional services or goods;

9. for the supply of sealed sound or video recordings or sealed computer software that are unsealed after delivery, including codes for activating software licenses, software features or virtual payment instruments. The performance of the contract for the supply of sealed sound or video recordings or sealed computer software (including codes for content and digital content that is not on a tangible medium) that are unsealed after delivery begins from the moment of unsealing and the consumer loses his right of withdrawal, by expressly agreeing to this.

10. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications;

11. concluded during a public auction;

12. for the provision of accommodation services that are not for living purposes, transport of goods, car rental, catering services or the provision of services related to entertainment activities, if the contract provides for a specific date or period for performance;

13. for the provision of digital content (such as e-books, e-vouchers, electronic video games) that is not provided on a tangible medium, when the performance has begun and the contract obliges the consumer to pay, in cases where: a) the consumer has given his express prior consent to the commencement of the performance during the withdrawal period; b) the consumer has confirmed that he knows that in this way he will lose his right of withdrawal; c) the trader has provided confirmation pursuant to Art. 48, para. 2 or Art. 49, para. 8 of the ZPA. By accepting these GTC and placing an order, the consumer expressly gives his prior consent to the commencement of the performance and knows that he will lose his right of withdrawal within the meaning of this point.;

14. perfumes, creams and other bulk cosmetics that have been unsealed after delivery.

(3) When the provider on the platform has not fulfilled its obligations to provide information, as set out in the Consumer Protection Act, the Consumer has the right to withdraw from the concluded contract within a period of one year and 14 days, counting from the date of receipt of the goods. When the information is provided to the consumer within the withdrawal period, the same starts to run from the date of its provision. The Consumer has the right to send the statement of withdrawal under this article directly to the Provider using the unified form for withdrawal from the contract.

(4) When the Consumer has exercised his right to withdraw from the distance contract or the off-premises contract, the Supplier shall reimburse all amounts received from the Consumer without undue delay and not later than 14 days from the date on which he was informed of the Consumer's decision to withdraw from the contract and in case he has already received back the goods subject to the contract. The Supplier shall reimburse the amounts received by bank transfer, unless the Consumer has expressly agreed to use another means of payment, this sentence applying in case the right of withdrawal is exercised within 14 days of receipt of the goods and the goods are sent back to the Supplier within this 14-day period. In case the right of withdrawal is exercised after the 14th day of receipt of the goods and/or the goods are sent back to the Supplier after the 14th day of receipt by the User, until the 30th day of receipt, the amounts paid for the goods are refunded only in the form of a credit in the User's personal profile on the Provider's website or by issuing a voucher in the User's name. In case the User wishes the amounts upon withdrawal from the Contract, exercised within 14 days of receipt of the goods, to be refunded by postal order/money transfer, then the service fee that the respective courier/postal operator charges is at the expense of the User and is determined by the courier/postal operator. The Supplier cannot influence this fee, does not determine it and does not benefit from it in any way.
In case the goods for which the consumer has withdrawn from the concluded contract within 14 days of receiving the goods were paid for by card, the refund of the paid amount is made only to the same card with which it was paid. In case the goods for which the consumer has withdrawn from the concluded contract were paid with virtual funds from the User's virtual wallet on the Platform, the refund of the paid amount is made only again in the virtual wallet. This rule does not apply to virtual funds loaded into the virtual wallet via a voucher, in which case the right of withdrawal applies only to the purchased voucher and within the relevant time limits after its purchase.

(5) When exercising the right of withdrawal, the costs of returning the delivered goods are at the expense of the consumer on the basis of Art. 55, para. 2 of the ZPA. The Supplier is not obliged to reimburse the additional costs for the initial delivery of the goods when the consumer has explicitly chosen a method of delivery of the goods other than the free standard delivery offered by the Supplier.

(6) The User undertakes to store the goods received from the Supplier on the platform and to ensure the preservation of their quality and safety during the period under para. 1.

(7) The Consumer may exercise his right to withdraw from the contract with the Supplier by sending a written statement to the Supplier using the standard withdrawal form or via the module provided on the Supplier's website. The goods should be sent cash on delivery to the Complaints Department. Goods sent cash on delivery will not be accepted by the Supplier.

(8) Where the platform provider has not offered to collect the goods himself, he may withhold payment of the amounts to the consumer until he has received the goods or until the consumer provides proof that he has sent the goods back, whichever is earlier.

(9) In the case of delivery of goods that are delivered together with other goods in a set (so-called bundle goods), when exercising the Consumer's right of withdrawal under this article and the requirements of the Consumer Protection Act, The Consumer must return the entire set, as he received it and in commercial form. In the event that some of the goods that are part of the bundle product are not subject to return according to the regulations, the Consumer agrees that the entire bundle product is not subject to return.

(10) Irrespective of the above hypotheses, the Consumer undertakes to return the goods in commercial form. Commercial form means a form that allows the subsequent sale of the goods as new. The unpacking of the goods should not have led to an obvious violation of the commercial form of the goods. In the event of a violation of the commercial form of the goods, the Supplier has the right, at its discretion, to refuse to accept withdrawal from the contract or to charge the Consumer the costs of returning the goods in commercial form. According to Art. 55, para. 4 of the ZPA, the Consumer is liable for the reduced value of the goods caused by their testing, other than what is necessary to establish their nature, characteristics and proper functioning.

(11) In the event of exercising the right of withdrawal under this article, the User is deemed to have also exercised the right of withdrawal with respect to the bonus content belonging to the product.

(12) The right of withdrawal also applies to books, only if the book shows no signs of use and is in a commercially preserved condition, and if the book was wrapped in foil – the packaging has not been opened. The performance of the contract for a purchased book begins from the moment of opening the packaging, at which time the consumer loses his right of withdrawal and the consumer expressly agrees to this.

(13) When returning the goods, the User undertakes to return it together with the complete set received, as well as all accompanying documents - receipt, invoice, handover report, warranty card (if any have been issued).

(14) When returning the goods, the User undertakes to return all gifts that he received together with the ordered goods, in case such were sent by the Supplier.

(15) When purchasing from a legal entity, the provisions of the Obligations and Contracts Act shall apply, which derogate from these General Terms and Conditions.

 

VIII. PERFORMANCE OF THE CONTRACT

Art. 17. (1) The delivery time of the goods is determined for each good separately upon conclusion of the contract with the consumer through the Supplier's website on the platform. For each specific good, the Consumer is notified immediately before finalizing the order on the platform of approximately how many days its delivery will take. The days required for delivery indicated on the platform are indicative and the Supplier does not guarantee them, but guarantees that it will do everything possible to deliver the goods on the specified days.

(2) In case the User and the Supplier on the platform have not set a delivery time, the delivery time of the goods is 30 calendar days, starting from the date following the sending of the User's order to the Supplier via the Supplier's website on the platform.

(3) If the Supplier on the platform cannot fulfill the contract due to not having the ordered goods, he is obliged to notify the user of this and refund the amounts paid by him. In such cases, the Supplier could not be held liable to the extent that he notified the User of the depleted quantities.

(4) The Supplier may refuse to process the order when there are reasonable doubts that the order is inauthentic, including that it does not originate from the User described in it or when the product requested with the order is temporarily unavailable due to exhaustion of quantities or other technical reasons, in which case the Supplier shall notify the User by email or telephone and refund the amounts paid by him. The Supplier may also refuse to process an order when the number or volume of the ordered items exceeds their usual consumption by a customer-consumer within the meaning of the ZPA and there is reason to believe that the order is made for the purpose of resale and does not fall within the scope of consumer purchase and sale.

(5) In case of inaccurate data provided by the User for the delivery address and telephone number or the User's absence at the address, as well as in case of impossibility to deliver the goods for reasons beyond the Supplier's control, the goods are returned and remain in the Supplier's warehouses. In this case, the goods are not kept for the User, unless they have been paid in advance. In case of prepaid goods, the same is kept within 15 days of its return, and after the expiration of this period and if the User does not request it from the Supplier, the Supplier will return the payment received, with the exception of the amount spent on delivery and storage. In case of inaccurate or incorrect data provided by the User for the delivery address,  in which case the goods are sent to the wrong address, the costs for a courier service to redirect the shipment are at the expense of the User.

(6) In the event that the goods are not delivered to the User within the specified delivery period, the User is not due compensation. Reasons that would delay delivery beyond the days specified on the platform are: workload and number of orders for the period above average and above usual for the Supplier; faults in the courier company such as untimely organization of the courier, excessive workload of the courier, unpredictable technical and information problems with the courier or weather conditions hindering the courier; unpredictable technical problems in the Supplier's systems; faults in the Supplier's suppliers from which the latter supplies the product; bad weather conditions, etc. force majeure circumstances that would prevent the normal organizational activities of the Supplier.

(7) In all cases, the Supplier guarantees and undertakes to deliver the goods to the User no more than 15 working days later than the estimated delivery days indicated on the platform.

(8) For products with an individual or total value of 9.99 euro or less that fall under the “Plus Products” program, the Supplier may refuse to accept the order. In the event that a product or products fall under the “Plus Products” program and their total value is equal to or less than 9.99 euro within the meaning of the previous sentence, the User is notified via a message on the platform and is prevented from placing an order. In order to place the order, the User must add a product or products with a total value of at least 10 euro.

(9) Delivery is made to the User's door only if the total weight of the shipment (with all its components and parts) does not exceed 15 kg. In case the total weight of the shipment exceeds 15 kg, delivery is made to the ground floor of the specified address.

(10) In the event that the specified delivery address is not accessible by car, delivery will be made to the location that the street allows as the final and closest point to the delivery address.

(11) In the event that the User places an order for two or more products, each of which has a different delivery date and this date is more than 7 days away, the products are delivered with separate orders in order to receive them on time, unless the User explicitly notes when finalizing the order that he wishes to receive them together with the last available product.

(12) For products that are upcoming releases (pre-order) and/or editions, as well as limited/special editions, the Provider does not guarantee sufficient availability for each User who has placed an order, nor does it guarantee that the products in question will be issued, released on the market and distributed by the Provider at all, as the latter depends entirely on the manufacturer and/or publisher. In the event that a User places an order for a product falling within the hypotheses of this paragraph and subsequently this product is not delivered to him due to insufficient availability, non-release or non-release on the market by the manufacturer or publisher, the Provider is not liable, and shall only notify the User of this circumstance.

Art. 18. The platform provider undertakes to comply with all requirements established in Bulgarian legislation regarding the labeling, advertising and sale of food supplements.

Art. 19. The Supplier informs the User about transport and courier costs immediately before completing the order, and the delivery price may vary depending on the product, method and delivery address selected by the User. In case of additional redirection of an already requested order by the User or in case of need to visit the requested address again, the User pays the delivery price in amounts determined according to the tariff of the respective courier. The conditions for free delivery, when any, do not apply in the event that the User requests a visit to an address at a time or range of the day specified by him.

Art. 20. (1) The User must inspect the goods at the time of delivery and handover by the courier and, if they do not meet the requirements or have visible breakages and defects, refuse to accept them from the courier and immediately notify the Supplier on the platform.

(2) If the User does not refuse the goods from the courier and does not notify the Supplier on the platform in accordance with para. 1, the goods are considered approved as complying with the requirements, except for hidden defects.

(3) In the event that upon delivery of the goods the User wishes to refuse them and not accept them, the costs of transportation in both directions are at his expense.

(4) In the event that the product purchased by the User is an e-book, the User is informed that e-books are objects of copyright, according to the legislation, and any actions of unregulated distribution constitute serious violations of the same, as well as a crime within the meaning of Section VII of the Criminal Code - crimes against intellectual property, for which crime a penalty of imprisonment of up to eight years and a fine of up to fifty thousand leva is provided.

Art. 21. The Supplier shall provide the necessary service for the goods in accordance with the provisions of Section XIII. COMPLAINTS.

Art. 22. For cases not regulated in this section, the rules of commercial sale set out in the Commerce Act  the Consumer Protection Act and the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods shall apply.

 

IX. PROTECTION OF PERSONAL DATA

Art. 23. (1) The platform provider shall take measures to protect the User's personal data in accordance with the Personal Data Protection Act.

(2) For reasons of security of the Users' personal data, the Provider on the platform will send the data only to the e-mail address that was specified by the Users at the time of registration.

(3) The Platform Provider has the right to store data on the User's terminal communication device, unless the latter explicitly expresses his/her disagreement with this.

(4) The User or Consumer agrees that the Platform Provider has the right to send electronic messages to the User or Consumer at any time, including a newsletter or offers to purchase goods, as long as the User or Consumer is registered in the Provider's e-store on the platform.

(5) The User or Consumer agrees that the Platform Provider has the right to collect, store and process data on the User's or Consumer's behavior when using the Provider's e-store on the platform.

(6) The Provider does not at any time retain data on credit and/or debit card(s) used by the User when purchasing goods from the platform. The User has the option to retain data on credit and/or debit card(s) used by him when purchasing goods from the platform, as the data on these credit and/or debit card(s) are not retained by the Provider, but are retained solely in the system of the banking institution that issued the process card. When retaining a credit and/or debit card(s), the User should use a 3D code if he intends to use the retained card again for the purpose of purchasing from the platform.

Art. 24. (1) At any time, the Provider on the platform has the right to require the User to identify himself and to verify the authenticity of each of the circumstances and personal data declared during registration.

(2) In the event that for any reason the User has forgotten or lost his/her username and password, the Platform Provider has the right to apply the announced "Procedure for lost or forgotten usernames and passwords".

(3) In case of shortcomings regarding the protection and processing of the User's personal data, a detailed description is available in the Website's Privacy Policy.

 

X. AMENDMENT AND ACCESS TO THE GENERAL TERMS

Art. 25. (1) These general terms and conditions may be amended by the Platform Provider, the date of their last revision being recorded in Art. 38 of these General Terms and Conditions.

(2) The Platform Provider and the User agree that any additions and amendments to these general terms and conditions will be effective against the User in one of the following cases:

A) after their publication on the Provider's website on the platform and if the User, who has already accepted the previous revision, does not declare within 14 days of their publication that he rejects them;

B) with their explicit acceptance by the User through his profile on the Provider's website on the platform.

Art. 26. The Provider publishes these general terms and conditions together with all additions and amendments thereto.

 

XI. TERMINATION

Art. 27. These general terms and conditions and the User's contract with the Provider on the platform shall be terminated in the following cases:

• upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;

• by mutual agreement of the parties in writing;

• in the event of the objective inability of any of the parties to the contract to fulfill their obligations;

• upon seizure or sealing of the equipment by government authorities;

• in the event of deletion of the User's registration on the platform. In this case, concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;

Art. 28. The Provider has the right, at its own discretion, without prior notice and without owing compensation, to unilaterally terminate the contract if it establishes that the User is using the platform in violation of these general terms and conditions, the legislation of the Republic of Bulgaria, generally accepted moral standards or generally accepted rules and practices in e-commerce.

 

XII. RESPONSIBILITY

Art. 29. The User undertakes to indemnify and hold harmless the providers on the platform and the Provider from legal claims and other claims of third parties (regardless of whether they are justified or not), for all damages and expenses (including attorneys' fees and legal costs) arising from or in connection with (1) failure to fulfill any of the obligations under this contract, (2) violation of copyright, production, broadcasting rights or other intellectual or industrial property rights, (3) unlawful transfer to other persons of the rights granted to the User, for the term and under the terms of the contract and (4) false declaration of the presence or absence of the status of a consumer within the meaning of the Consumer Protection Act.

Art. 30. The Provider is not liable in the event of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.

Art. 31. (1) The Provider is not liable for damages caused by the User to third parties.

(2) The Provider is not liable for any material or non-material damages, expressed in lost profits or damages suffered by the User in the process of using or not using and concluding purchase and sale contracts with the Provider.

(3) The Provider is not liable for the time during which the platform was unavailable due to force majeure.

(4) The Provider is not liable for any damages resulting from comments, opinions and publications under the products, news and articles on the platform.

Art. 32. (1) The Provider is not liable in the event of overcoming the security measures of the technical equipment and resulting in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.

(2) The Provider is not liable in the event of concluding a purchase and sale contract, providing access to information, loss or change of data resulting from false identification of a third party who presents himself as the User, if the circumstances indicate that this person is the User.

 

XIII. COMPLAINTS

Art. 33. (1) The consumer has the right to a complaint, and when submitting such a complaint, the full set of documents (including receipt/invoice, acceptance and delivery protocol, warranty card, etc.), as well as the goods, should be sent to the Complaints Department.

(2) Transportation costs when sending a product for warranty service are covered only on condition that the product is sent to the Claims Department.

(3) In the event that the product is sent for warranty service to an address other than that specified in Art. 33. (2), the shipping costs will be at the expense of the User.

(4) The warranty is valid only for manufacturing defects and non-conformities existing at the time of delivery of the goods and occurring during normal operation, on the territory of the Republic of Bulgaria. The warranty is void and the customer pays the cost of the repair (and service may be refused) in cases of damage caused by:

- Improper use and/or improper storage.

- Violated integrity of warranty stickers.

- The product identification number (IMEI number), serial number or date code, if any, has been removed, erased, damaged or is illegible in any way.

- Drop, impact, applied pressure, spilled liquids.

- Attempted repair by unauthorized persons or companies.

- Use of chargers, batteries and peripherals other than those included in the kit.

- Malfunctions in the electrical network, incorrect connection to the power supply, extreme environmental conditions or rapid changes in these conditions, natural disasters and other force majeure circumstances.

(5) The supplier is liable for any lack of conformity of the consumer goods with the sales contract that exists at the time of delivery of the goods and becomes apparent within two years after delivery, in accordance with the provisions of Article 31 of the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods. The provider is liable under the statutory guarantee to persons having the status of consumer, within the meaning of §6, item 6 of the Supplementary Provisions of the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods - any natural person who, in connection with contracts for the provision of digital content and digital services and contracts for the sale of goods, acts outside the scope of his trade or business, craft or profession, or within the meaning of §13, paragraph 1, item 1 of the Supplementary Provisions of the Act on Consumer Protection - any natural person who acquires goods or uses services that are not intended for carrying out commercial or professional activities, and any natural person who, as a party to a contract within the meaning of the Act on Consumer Protection, acts outside the scope of his trade or professional activities.

(6) When a claim is filed for a hardware product – laptop, hard drive, computer, memory card, etc., the Supplier is not responsible for lost data as a result of the repair. The User is obliged to personally make a copy of his data stored in the product he is claiming for, before filing the claim.

XIV. OTHER CONDITIONS

Art. 34. (1) The User and the Provider on the platform undertake to mutually protect their rights and legitimate interests, as well as to protect their trade secrets that have become known to them in the process of implementing the contract and these general terms and conditions.

(2) The User and the Provider undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence conducted between them. The publication of correspondence in printed and electronic media, Internet forums, personal or public websites, etc. may be considered public.

Art. 35. In the event of a conflict between these general terms and conditions and agreements in a special contract between the Platform Provider and the User, the clauses of the special contract shall prevail.

Art. 36. The possible invalidity of any of the provisions of these general terms and conditions shall not result in the invalidity of the entire contract.

Art. 37. For issues not settled in this contract, related to the implementation and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.

Art. 38. These general terms and conditions shall enter into force for all Users on 05.01.2025

Art. 39. Promo codes for discounts when purchasing products do not apply to goods that are already discounted, have another discount applied to them or are marked TOP PRICE, with the exception of promo codes that are explicitly mentioned by the Supplier and are used for an additional discount. Discounts and promotions are not combined with each other, only the promotion with the greater discount is applied.

Art. 40. Promo codes for discounts when purchasing products do not apply to goods that the User wishes to purchase on installments/lease, regardless of whether the relevant goods are already at a reduced price or not.

XV. SPECIAL CONDITIONS RELATING TO THE SALE OF MEDICINAL PRODUCTS AND THE OPERATION OF THE PHARMACY

Art. 41. The supplier "WEBSITE" LLC, UIC 0000001, holds a License for retail trade in medicinal products, with the exception of those prepared according to a highway and pharmacopoeial recipe with No. AP-0000000000 dated 00.00.0000 from the Executive Agency for Medicines, for registration and carrying out activities with a pharmacy.

Art. 42. On the basis of Art. 234, para. 5 of the Act on Medicinal Products in Human Medicine, the right of withdrawal from purchased medicinal products is not applicable, therefore purchased medicinal products cannot be returned. The right of withdrawal is also not applicable to purchased medical devices that come into contact with the human body, including stethoscopes and inhaler masks, etc.

Art. 43. The bodies exercising control over the activities of the pharmacy are: 

- The Bulgarian Medicines Agency; 

- Bulgarian Pharmaceutical Union;

- Bulgarian Association of Pharmacists' Assistants. 

- The provider offers free consultations from a licensed pharmacist to all pharmacy customers.

Appendix No. 1 - Standard form for exercising the right of withdrawal from the contract

 

(fill in and send this form only if you wish to withdraw from the contract)

 

– To “WEBSITE” LLC, UIC 0000001: – I/we hereby notify* that I/we withdraw* from the contract concluded by me/us* for the purchase of the following goods*/for the provision of the following service* – Ordered on*/received on* – User name/s – User(s) address – Signature of the user(s) (only if this form is on paper) – Date ---------------------------------------------------------------- * Strike through unnecessary text.

 

Appendix No. 2 - Information on exercising the right to withdraw from the contract

Information regarding the exercise of the right of withdrawal

Standard cancellation instructions:

I. Right to withdraw from the contract at a distance or off-premises.

I. You have the right to withdraw from this contract without giving any reason within 30 days.

II. The withdrawal period is 30 days from the date on which you or a third party, other than the carrier and indicated by you, took possession of the goods.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) using the contact details provided on our website.

You may use the attached standard withdrawal form, but this is not mandatory. You may also fill in and submit the standard withdrawal form or another unambiguous withdrawal form electronically on our website. If you use this option, we will immediately send you a message on a durable medium (e.g. by e-mail) confirming receipt of the withdrawal.

To meet the withdrawal period, it is sufficient to send your communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

IV. Effect of refusal.

If you withdraw from this contract, we will reimburse to you all payments received from you, including delivery costs (with the exception of additional costs related to the type of delivery you have chosen other than the least expensive standard delivery method offered by us), without undue delay and in any event not later than 30 days from the date on which you inform us of your decision to withdraw from this contract. We will reimburse you in accordance with Art. 16 of these General Terms and Conditions.

We have the right to postpone the refund of payments until we receive the goods back or until you provide us with evidence that you have sent back the goods, whichever of the two events occurs first.
You must bear the direct costs of returning the goods. The costs are expected to be no more than the approximate cost of delivery or standard courier service.

You are responsible for any reduction in the value of the goods resulting from their testing, other than what is necessary to establish their nature, characteristics and proper functioning.

V. The right of withdrawal does not apply to the delivery of sealed goods that are unsealed after delivery and cannot be returned for reasons related to hygiene or health protection, as well as in other cases described in the General Terms and Conditions.