Terms and conditions

GENERAL TERMS AND CONDITIONS of the PROBIOACTION online store

SUBJECT

Art. 1. (1) These general terms and conditions are intended to regulate the relations between Perilis Trading LTD, with UIC 1038258205 and registered office in the village of Kichevo, Varna region, hereinafter referred to as the SUPPLIER,

and the customers, hereinafter referred to as USERS,

on the e-commerce platform PROBIOACTION.bg, hereinafter referred to as “PROBIOACTION”.

1. SUPPLIER INFORMATION

Art. 2. (1) Information pursuant to the Electronic Commerce Act and the Consumer Protection Act regarding the Supplier:

Name of the Supplier: Perilis Trading LTD

Registered office and management address: Bulgaria, village of Kichevo, Varna region

Address for conducting business and address for consumer complaints: Bulgaria, village of Kichevo, Varna region.

Correspondence details: Bulgaria, village of Kichevo, Varna region, email: info@probioaction.bg, mobile phone 0359 877 23 77 23Entry in public registers: UIC 103825820

Entry in public registers: UIC 103825820

Registration under the Value Added Tax Act No. BG 103825820

(2) Supervisory authorities:

Consumer Protection Commission

Address: 1000 Sofia, 4A Slaveykov Square, floors 3, 4, and 6, tel.: 02 / 980 25 24, fax: 02 / 988 42 18

hotline: 0700 111 24

Website: www.kzp.bg

III. PLATFORM FEATURES

Art. 3. PROBIOACTION is an e-commerce platform, accessible at https://www.probioaction.bg/, through which Users can enter into contracts for the purchase, sale, and delivery of goods offered by the Supplier on the platform, including the following:

Register and create a profile to browse the Supplier’s online store and use additional information services;

To examine the goods, their characteristics, prices, and delivery terms;

To conclude contracts with the Supplier for the sale and delivery of goods offered on the PROBIOACTION platform;

To make any payments in connection with the contracts concluded through the PROBIOACTION platform using electronic means of payment.

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

To make electronic statements in connection with the conclusion or performance of contracts with the Supplier on the PROBIOACTION platform through the interface of the PROBIOACTION website, accessible on the Internet;

To be informed of their rights under the law, primarily through the PROBIOACTION platform interface on the Internet;

To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

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

Art. 5. (1) Users conclude a contract with the Supplier on the PROBIOACTION platform for the sale and purchase of goods at https://www.probioaction.bg/. The contract is concluded in Bulgarian and is stored in the Supplier’s database on the platform.

(2) Under the contract for the sale and purchase of goods concluded with the Users, the Supplier on the PROBIOACTION platform undertakes to organize the delivery and transfer of ownership to the User of the goods specified by the User through the interface on the platform. Users have the right to correct errors in the information entered no later than the submission of the statement for concluding the contract with the Supplier on the PROBIOACTION platform.

(3) Users shall pay the Supplier on the PROBIOACTION platform remuneration for the delivered goods, in accordance with the terms and conditions specified on the PROBIOACTION platform and these general terms and conditions. The remuneration shall be equal to the price announced on the PROBIOACTION platform.

Art. 6. (1) The User and the Supplier on the PROBIOACTION 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 electronic statements made by Users of the site are made by the persons specified in the data provided by the User during registration, if the User has entered the appropriate username and password for access.

REGISTRATION FOR USE OF PROBIOACTION

Art. 7. (1) In order to use PROBIOACTION to conclude contracts for the sale and purchase of goods, the User must enter a username and password of their choice for remote access, which is considered to be their acceptance of these general terms and conditions.

(2) The username and password for remote access are determined by the User by completing an online registration on the Supplier’s website on the PROBIOACTION platform, in accordance with the procedure specified therein.

(3) When filling in their registration details and placing an order by clicking on the “Order” button, the User must also declare that they are familiar with these general terms and conditions, agree with their content, and undertake to comply with them unconditionally.

(4) The Supplier confirms the registration made by the User by sending a letter to the email address provided by the User. A User account is created and a contractual relationship arises between the User and the Supplier.

(5) When registering, the User undertakes to provide accurate and up-to-date information. The User undertakes to update the information provided in their registration in a timely manner in the event of any changes.

TECHNICAL STEPS FOR CONCLUDING A CONTRACT FOR SALE AND PURCHASE

Art. 8. Users shall use the interface on the Supplier’s page on the PROBIOACTION platform to conclude purchase agreements for the goods offered by the Supplier.

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

Registering on the PROBIOACTION platform and providing the necessary data, if the User is not yet registered on the PROBIOACTION platform;

Log in to the order system on the PROBIOACTION platform by identifying yourself with a username and password or by one of the available methods (Facebook or Google);

Select one or more of the goods offered by the Supplier on the PROBIOACTION platform and add them to the list of goods to be purchased/shopping cart/;

Provide delivery details: delivery address; full name, email, and contact phone number.

1. If an order is placed before 1:00 p.m. on the same day, the order will be processed within the same day and will be handed over to the courier on the next business day;

If an order is placed after 1:00 p.m. on the same day, the order will be processed within the next business day, and it will be handed over to the courier on the next business day following the day of its processing by the supplier.

Choice of payment method and time;

Confirmation of the order.

CONTENT OF THE CONTRACT

Art. 10. (1) The Supplier and the Users shall conclude separate contracts for the sale and purchase of the goods ordered by the Users, regardless of whether they have been selected with a single electronic statement and from a single 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 shall be exercised separately for each contract of sale. The exercise of rights in relation to a delivered good shall not affect and shall have no effect on the contracts of sale of the other goods. If the User is a consumer within the meaning of the Consumer Protection Act, the exercise of the right to withdraw from the contract of sale of a particular good shall not affect the contracts of sale of other goods delivered to the consumer.

(4) The Supplier shall have the right, at its discretion, to refuse to fulfill an order placed by the User, in which case the Supplier shall notify the User in a timely manner, without being obliged to state the reason for the refusal.

Art. 11. When exercising their rights under the purchase agreement, the User is obliged to specify precisely and unambiguously the agreement and the goods in respect of which they are exercising their rights.

Art. 12. 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.

VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE CAPACITY OF A CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT

Art. 13. The rules of this Section VII of these general terms and conditions apply only to Users who, according to the data provided for the conclusion of the purchase agreement or upon registration with PROBIOACTION, can be considered consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011.

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

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

(3) Each promotional product is marked with a special sign. The duration of promotions is determined by the Supplier for each individual promotion, starting on the day specified in the price reduction notice and valid until the date specified therein or until quantities are exhausted.

(4) The value of the transport costs of the goods is determined by the Supplier on the PROBIOACTION platform and is provided as information to Users when selecting the goods for the conclusion of the purchase and sale contract.

(5) 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 in the PROBIOACTION platform.

(6) The information provided to Users under this article is current at the time of its display on the PROBIOACTION platform prior to the conclusion of the purchase agreement.

(7) Users agree that all information required by the Consumer Protection Act may be provided through the PROBIOACTION platform interface or by email.

Art. 15. (1) The Consumer agrees that the Supplier on the PROBIOACTION platform has the right to accept advance payment for the contracts concluded with the consumer for the sale and purchase of goods and their delivery.

(2) The consumer shall choose independently whether to pay the Supplier on the PROBIOACTION platform the price for the delivery of the goods before or at the time of their delivery.

(3) If the value of the Consumer’s order is equal to or exceeds BGN 10,000, payment shall be made only by bank transfer or deposit into the Supplier’s payment account.

Art. 16. (1) With regard to goods, in accordance with the scope of the Consumer Protection Act in the section on distance contracts, the Consumer shall have the right, without owing compensation or penalty and without giving any reason, to withdraw from the contract within 14 days from the date of receipt of the goods by the Supplier using the standard withdrawal form available in the Supplier’s General Terms and Conditions:

SINGLE FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL

To ………………………

/name of the trader/

……………………………………………………………………..

/address, UIC/

I hereby notify you that I am withdrawing from the contract I have concluded for the purchase of the following goods/services:

…………………………………………………. /description of the product/

The goods were ordered on ………………….

The goods were received on …………………. /indicate the date of receipt by the consumer/

………………………………………………………………………../Name of the consumer/

City/village……………………………………………………………. /Consumer’s address/

………………. …………………………….

/Date/     /Consumer’s signature/

(2) The consumer has the right to withdraw unconditionally from a distance contract or an off-premises contract within 14 days without incurring any costs, except for delivery costs if they have chosen a delivery method other than the cheapest standard delivery method offered by the trader, as well as the costs of returning the goods.

The 14-day period starts from the date of receipt of the goods by the consumer or by a third party other than the carrier. Within 14 days of expressing their wish to withdraw from the contract, the consumer must return the goods to the trader. Within 14 days of the date on which the trader was notified of the consumer’s decision to withdraw from the contract, the trader shall reimburse all sums received from the consumer, including delivery costs.

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

1. for the delivery of sealed goods which have been unsealed and/or have compromised product consistency and/or the storage conditions of the product as indicated on the label after delivery have been violated, they cannot be returned for reasons related to hygiene or health protection;

for the delivery of goods which, after delivery and due to their nature, have been mixed with other goods from which they cannot be separated;

(4) When the supplier on the PROBIOACTION platform has not fulfilled its obligations to provide information as specified in the Consumer Protection Act, the Consumer has the right to withdraw from the contract within 14 days from the date of receipt of the goods. When the information is provided to the consumer within the withdrawal period, the period shall start from the date of its provision. The consumer has the right to submit the withdrawal statement under this article directly to the Supplier using the standard withdrawal form available and specified above in the Supplier’s General Terms and Conditions.

(5) When the Consumer has exercised their right to withdraw from a distance contract or an off-premises contract, the Supplier shall refund all sums received from the consumer, including delivery costs, without undue delay and no later than 14 days from the date on which it was notified of the consumer’s decision to withdraw from the contract. The supplier shall refund the amounts received using the same means of payment as used by the consumer in the initial transaction, unless the consumer has expressly agreed to the use of another means of payment and provided that this does not involve any costs for the consumer.

(6) When exercising the right of withdrawal, the costs of returning the delivered goods shall be deducted from the amounts to be refunded under paragraph 5, except in cases where the consumer organises the return of the goods himself and at his own expense. The Supplier shall not be obliged to reimburse the additional costs of delivery of the goods where the consumer has expressly chosen a method of delivery of the goods other than the cheapest standard delivery offered by the Supplier.

(7) The consumer undertakes to store the goods received from the Supplier on the platform and to ensure that their quality and safety are preserved during the period specified in paragraph 1.

(8) The consumer may exercise their right to withdraw from the contract with the Supplier by sending a written statement to the Supplier using the standard withdrawal form available in these general terms and conditions.

(9) Where the Supplier on the PROBIOACTION platform has not offered to collect the goods itself, it may withhold payment of the amounts due to the Consumer until it has received the goods or until the Consumer has provided proof that it has sent the goods back, whichever occurs first.

Art. 17. (1) The delivery time for the goods is determined for each item separately when the contract with the consumer is concluded through the Supplier’s website on the PROBIOACTION platform, and the goods may be delivered in a time slot selected by the User.

(2) If the Supplier on the PROBIOACTION platform cannot perform the contract because it does not have the ordered goods, it shall apply one of its methods published on the PROBIOACTION platform and in accordance with Art. 20 below, after receiving the express consent of the consumer.

VIII. PERFORMANCE OF THE CONTRACT

Article 18. (1) The Supplier shall fulfill orders within the time limits and at the prices specified on the PROBIOACTION platform.

(2) The Supplier on the PROBIOACTION platform may arrange for the delivery and transfer of the goods to the User by a courier within the period specified in the contract, in accordance with Article 9, paragraph 6 of the General Terms and Conditions.

(3) If the period under paragraph 1 has not been expressly agreed between the parties upon conclusion of the contract, the Supplier shall arrange for delivery and transfer within a reasonable period of time. If the Supplier fails to arrange for delivery within the specified period, it shall notify the User in advance.

(5) If the User cancels an order that has been paid for using an online payment method and if the order is canceled before its execution has begun, the entire amount of the order shall be refunded by the Supplier.

Art. 19. (1) The User must inspect the goods at the time of delivery and transfer and, if they do not meet the requirements, immediately notify the Supplier on the PROBIOACTION platform.

(2) If the User does not notify the Supplier on the PROBIOACTION platform in accordance with paragraph 1, the goods shall be deemed to have been approved as meeting the requirements, except for hidden defects.

Art. 20. (1) The Supplier shall apply its policy for replacement of goods, published on the PROBIOACTION platform.

(2) If, when placing the order, the User has indicated that they agree to the replacement of missing products at the Supplier’s discretion, in the event of missing products and the availability of substitutes in the Supplier’s warehouse, the Supplier shall select suitable substitutes in terms of type, quality, and price and include them in the consumer’s order.

(3) If the Supplier on the PROBIOACTION platform cannot fulfill the contract because it does not have the ordered goods, it is obliged to notify the User of this, and if cash on delivery has been selected as the payment method, the value of the missing products will be deducted from the final price of the order.

(4) If the Supplier on the PROBIOACTION platform cannot fulfill the contract because it does not have the ordered goods, it is obliged to notify the User thereof, and if the orders have been paid online at the time of ordering, the Supplier shall offer to refund the User the corresponding amount to a bank account specified by the User or in cash.

Art. 21. (1) For cases not covered in this section, the rules for commercial sales set out in the Commercial Law and the Consumer Protection Law shall apply.

PERSONAL DATA PROTECTION

Art. 22. (1) The Supplier shall take measures to protect the User’s personal data in accordance with Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) and the Personal Data Protection Act. The Provider processes the personal data of Users on the basis of Article 6, paragraph 1, letter “b” of the GDPR – processing is necessary for the performance of a contract to which the subject is a party or on the basis of Article 6, paragraph 1, letter “a” of the GDPR – on the basis of the User’s explicit consent.

(2) The Supplier has published information about the personal data it processes and the purposes for which it is processed, as well as all the information required under Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR) in the Privacy Policy, which is an integral part of the General Terms and Conditions.

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

(4) The Provider on the PROBIOACTION platform has the right to store data on the User’s terminal device, unless the latter expressly objects to this.

(5) The Provider processes the User’s personal data for direct marketing purposes only with their explicit consent, which he may withdraw at any time.

(6) The User agrees that the Supplier may send him/her emails and electronic messages regarding the provision of the service, improvements to functionality, promotional messages for the specific User, and other messages related to the performance of the contract.

Art. 23. (1) At any time, the Provider on the PROBIOACTION platform has the right to require the User to identify themselves and verify the authenticity of each of the circumstances and personal data provided during registration.

(2) If, for any reason, the User has forgotten or lost their username and password, the Provider of the PROBIOACTION platform has the right to apply the announced “Lost Password Procedure,” available at: https://www.probiaction.bg/ > login > lost password.

AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 24. (1) These general terms and conditions may be amended by the Provider of the PROBIOACTION platform, who shall notify all registered Users in an appropriate manner.

(2) The PROBIOACTION platform Provider and the User agree that any additions and amendments to these general terms and conditions shall be effective for the User in one of the following cases:

after the User has been expressly notified by the PROBIOACTION platform Provider and if the User does not declare within the 14-day period provided that they reject them; or

after their publication on the website of the Provider on the PROBIOACTION platform and if the User does not declare within 14 days of their publication that they reject them; or

upon their explicit acceptance by the User through their profile on the website of the Provider on the PROBIOACTION platform.

(3) The User agrees that all statements by the Provider on the PROBIOACTION platform in connection with the amendment of these general terms and conditions will be sent to the email address provided by the User during registration. The User agrees that emails sent in accordance with this article do not need to be signed with an electronic signature in order to be effective.

Art. 25. The Provider publishes these general terms and conditions at https://www.probioaction.bg together with all additions and amendments thereto.

TERMINATION

Art. 26. These general terms and conditions and the User’s contract with the Provider on the PROBIOACTION platform shall be terminated in the following cases:

upon termination and declared liquidation or declared insolvency of one of the parties to the contract;

by mutual agreement of the parties in writing;

in case of objective impossibility of one of the parties to the contract to perform its obligations;

upon seizure or sealing of the equipment by state authorities;

in case of deletion of the User’s registration on the PROBIOACTION platform. In this case, the concluded but unfulfilled purchase and sale agreements remain in force and are subject to performance;

Art. 27. The Supplier has the right, at its discretion, without prior notice and without owing compensation, to unilaterally terminate the contract if it finds that the User is using the PROBIOACTION 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 electronic commerce.

XII. LIABILITY

Art. 28. The User undertakes to indemnify and hold harmless the Provider on the PROBIOACTION platform in the event of legal claims and other claims by third parties (whether justified or not), for all damages and expenses (including attorney’s fees and court costs) arising from or in connection with (1) failure to perform any of the obligations under this agreement, (2) infringement of copyright, producer’s rights, 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 agreement, and (4) false declaration of the presence or absence of consumer status within the meaning of the Consumer Protection Act.

Art. 29. The Provider shall not be liable in cases of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of the competent state authorities, which objectively prevent the performance of the contract.

Art. 30. (1) The Provider shall not be liable for damages caused by the User to third parties.

(2) The Supplier shall not be liable for any pecuniary or non-pecuniary damages, expressed in lost profits or damages suffered, caused to the User as a result of improper use of the products in accordance with the instructions given and/or their method of use indicated on the labels of PROBIOACTION products and the conclusion of purchase and sale agreements with the Supplier.

(3) The Supplier shall not be liable for the time during which the platform was unavailable due to force majeure or other objective circumstances beyond the Supplier’s control.

(4) The Supplier shall not be liable for damages resulting from comments, opinions, and publications under the products, news, and articles on the PROBIOACTION platform.

Art. 31. (1) The Supplier shall not be liable in the event of circumvention of the security measures of the technical equipment and the resulting loss of information, dissemination of information, access to information, restriction of access to information, and other similar consequences.

(2) The Supplier shall not be liable in the event of the conclusion of a contract for sale, provision of access to information, loss or alteration of data resulting from false identification of a third party posing as the User, if the circumstances suggest that this person is the User.

XIII. OTHER TERMS AND CONDITIONS

Art. 32. (1) The User and the Supplier on the PROBIOACTION platform undertake to mutually protect their rights and legitimate interests, as well as to keep confidential any trade secrets that have come to their knowledge in the course of the performance of the contract and these general terms and conditions.

(2) The User and the Supplier undertake, during and after the expiry of the contract period, not to disclose to the public any written or oral correspondence between them. The publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc. may be considered public disclosure.

Art. 33. In the event of a conflict between these general terms and conditions and the provisions of a special contract between the Supplier on the PROBIOACTION platform and the User, the provisions of the special contract shall prevail.

Art. 34. The possible invalidity of any of the provisions of these general terms and conditions shall not invalidate the entire contract.

Art. 35. (1) For matters not covered in this contract related to the performance and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.

(2) The User shall have the right to refer all disputes with the Supplier regarding the performance of this contract to the alternative dispute resolution (ADR) platform, available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show. If no agreement is reached to resolve the dispute out of court, the parties may refer the dispute for resolution to the competent Bulgarian courts and the Consumer Protection Commission.

Art. 36. These general terms and conditions shall enter into force for all Users on 17.02.2021.