GENERAL TERMS and CONDITIONS of online store PROBIOACTION
Art. 1. (1) These general terms and conditions are intended to regulate the relations between Perilis Trading EOOD with UIC 1038258205 and with main office in the village of Kichevo, district of Varna, hereinafter referred to as SUPPLIER,
and the clients, hereinafter referred to as USERS,
of the e-commerce platform PROBIOACTION.bg, hereinafter referred to as “PROBIOACTION”.
ІІ. DATA ON SUPPLIER
Art. 2. (1) Information under the E-Commerce Act and the Consumer Protection Act regarding the Provider:
- Name of the Provider: Perilis Trading EOOD
- Main office and address of management: Bulgaria, village of Kichevo, district of Varna
- Address for exercising the activity and address for submitting complaints from Users: Bulgaria, village of Kichevo, district of Varna.
- Contact information: Bulgaria, village of Kichevo, district of Varna, email: email@example.com, mobile phone: 0359 877 23 77 23
- Entry in public registers: UIC 103825820
- Registration under the Value Added Tax Act № BG 103825820
(2) Supervisory authorities:
- Commission for Consumer Protection
Address: 1000 Sofia, 4A Slaveykov Square, fl. 3, 4 and 6,
tel.: 02 / 980 25 24, fax: 02 / 988 42 18
hot line: 0700 111 22
III. PLATFORM FEATURES
Art. 3. PROBIOACTION is an e-commerce platform, available at the Internet address https://www.probioaction.bg/, through which Users have the opportunity to enter into contracts for sale and delivery of goods offered by the Provider in the platform, including the following:
- To perform a registration and to create a profile for viewing the e-shop of the Provider and usage of the additional services for provision of information;
- To review the goods, their characteristics, prices and delivery conditions;
- To conclude contracts for purchase and sale with the Supplier and delivery of the goods offered by the platform PROBIOACTION;
- To make any type of payment in connection with the concluded contracts through the platform PROBIOACTION electronic means of payment.
- To receive information on new goods offered by the Provider in the platform PROBIOACTION;
- To perform electronic statements in connection with the conclusion or execution of contracts with the Provider in the PROBIOACTION platform through the interface of the PROBIOACTION website, available on the Internet;
- 7.To be informed about the rights arising from the law, mainly through the interface of the PROBIOACTION platform on the Internet;
- To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.
Art. 4. The Provider in the PROBIOACTION platform organizes the delivery of the goods and guarantees the rights of the Users, provided by law, within the framework of good faith, the accepted criteria and conditions in the practice, user or commercial law.
Art. 5. (1) The Users conclude a contract for purchase and sale of the goods with the Provider in the PROBIOACTION platform, at address https://www.probioaction.bg/. The contract is concluded in Bulgarian and is stored in the database of the Provider in the platform.
(2) Pursuant to the contract concluded with the Users for purchase and sale of goods, the Provider in the PROBIOACTION platform is obliged to organize the delivery and transfer of ownership of the User of the goods specified by him through the interface in the platform. Users have the right to correct errors when entering information no later than submitting the statement for concluding the contract with the Provider in the PROBIOACTION platform.
(3) Users pay the PROBIOACTION Platform Provider a fee for the delivered goods, according to the conditions set out in the PROBIOACTION platform and these general terms and conditions. The remuneration is in the amount of the price announced in the PROBIOACTION platform.
Art. 6. (1) The User and the Provider in the PROBIOACTION platform agree that all statements between them in connection with the conclusion and execution of the contract of purchase and sale 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 being assumed that the electronic statements made by the Users of the site are made by the persons specified in the data provided by the User upon completion of a registration, if the User has entered the relevant name and access password.
- REGISTRATION FOR THE USE OF PROBIOACTION
Art. 7. (1) In order to use PROBIOACTION for concluding contracts for purchase and sale of goods, the User must enter its chosen name and password for remote access, with which he is considered to have accepted these general terms.
(2) The name and the password for remote access are determined by the User by making an online registration on the website of the Provider in the PROBIOACTION platform, according to the procedure specified in it.
(3) When filling in its registration data and placing an order by clicking the “Order” button, the User must also declare that it is familiar with these general conditions, agrees with their content and undertakes to comply with them unconditionally.
(4) The Provider confirms the registration made by the User by sending a letter to the e-mail address specified by the User. An account of the User is created and a contractual relationship arises between the two parties.
(5) Upon completion of the registration, the User undertakes to provide accurate and up-to-date data. In case of change the User undertakes to update the data specified in its registration in a timely manner.
- TECHNICAL STEPS FOR CONCLUDING A CONTRACT FOR PURCHASE AND SALE
Art. 8. Users use the interface of the Provider’s page in the PROBIOACTION platform to conclude purchase and sale contracts for the goods offered by the Provider.
Art. 9. The users conclude the contract for purchase and sale of the goods in the PROBIOACTION platform according to the following procedure:
- Performing a registration in the PROBIOACTION platform and providing the necessary data, if the User has not yet registered in the PROBIOACTION platform;
- Log in to the ordering system in the PROBIOACTION platform by identifying with a name and password or through one of the possible manners (Facebook or Google);
- Selecting one or more of the goods offered by the Provider in the PROBIOACTION platform and adding them to a list of goods for purchase /shopping cart/;
- 4.Provision of data for completion of the delivery: delivery address; two names, email and phone number of a contact person.
- 5. In case of an order made by 13:00 on the day, the order is processed within the same day, and its delivery by courier will take place on the next working day;
- In case of an order made after 13:00 on the day, the order is to be processed within the next working day, and its delivery by courier will take place on the subsequent day.
- 6.Choice of method and time for payment of the price;
- 7.Order confirmation.
- CONTENT OF THE CONTRACT
Art. 10. (1) The Supplier and the Users conclude separate contracts for purchase and sale of the goods, requested by the Users, regardless of the fact that they are selected with one electronic statement and from one list of goods for purchase.
(2) The supplier can organize together and simultaneously the delivery of the goods ordered with the separate contracts for purchase and sale.
(3) The rights of the Users in connection with the delivered goods are exercised separately for each contract of purchase and sale. The exercise of rights in relation to the delivered goods does not affect and has no effect with regard to the contracts for purchase and sale of other goods. In case the User has the quality of a User within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract of purchase and sale of certain goods does not affect the contracts of purchase and sale of other goods delivered to the User.
(4) The Provider has the right at its own discretion to refuse the execution of an order of the User, for which the Provider notifies the User in due time, without being obliged to indicate the reason for the refusal.
Art. 11. When exercising the rights under the contract of purchase and sale, the User is obliged to indicate precisely and unambiguously the contract and the goods in respect of which the rights are executed.
Art. 12. The user can pay the price for the individual contracts of purchase and sale at once when placing the order of goods or during their delivery.
VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE QUALITY OF A CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT
Art. 13. The rules of this section VII of these general conditions apply only to Users for whom, according to the data specified for the conclusion of the contract of purchase and sale or upon registration in PROBIOACTION, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or the 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 in the PROBIOACTION platform are defined in the profile of each product in the PROBIOACTION platform.
(2) The price of the goods including all taxes and fees are determined by the Supplier in the profile of each product in the PROBIOACTION platform.
(3) Each product of the promotion is marked with a special sign. The duration of the promotions is determined by the Provider for each separate promotion, starting from the day specified in the price reduction message and is valid until the date specified in it or until the quantities have been exhausted.
(4) The value of the transport costs of the goods is determined by the Provider in the PROBIOACTION platform and is provided as information to the Users when choosing the goods for concluding the contract of purchase and sale.
(5) The methods of payment, delivery and performance of the contract are defined 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 the Users under this article is up-to-date at the time of its visualization in the PROBIOACTION platform prior to the conclusion of the contract for purchase and sale.
(7) Users agree that all information required by the Consumer Protection Act may be provided through the interface of the PROBIOACTION platform or by e-mail.
Art. 15. (1) The User agrees that the Provider in the PROBIOACTION platform has the right to accept advance payment for the contracts concluded with the user for purchase and sale of goods and their delivery.
(2) The User chooses independently whether to pay the Supplier in the PROBIOACTION platform the price for 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 BGN 10,000, the payment is made only by transfer or deposit to the payment account of the Provider.
Art. 16. (1) With regard to goods, according to the scope of the Consumer Protection Act in the part of distance contracts, the Consumer has the right, without paying compensation or penalty and without stating a reason, to withdraw from the contract within 14 days from the date of acceptance of the goods by the Supplier through the common form for withdrawal from the contract, available in the General Terms and Conditions of the Supplier:
COMMON FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL
I hereby announce that I am withdrawing from the contract I have concluded for the purchase of the following goods/services:
…………………………………………………. /product description/
The goods were ordered on ………………….
The goods were received on …………………. /the date of receipt by the user is to be indicated/
city/village……………………………………………………………. /User address/
/Date/ /User signature/
(2) The consumer has the right within 14 days to withdraw unconditionally from a distance contract or an Off-premises contract without paying any costs, except for those for delivery in case he has chosen a different way from the standard and cheapest way for the trader to deliver the order, as well as the costs of returning the goods.
The 14-day period starts from the date of acceptance of the goods by the consumer or by a third party other than the carrier. Within 14 days after the stated wish to withdraw from the contract, the consumer should return the goods to the trader. Within 14 days of the date on which the consumer’s decision to withdraw from the contract has been notified, the trader shall reimburse all amounts received by the consumer, including delivery costs.
(3) The right of withdrawal under par. 1 shall not apply in the following cases:
- 1.for the delivery of sealed goods that have been opened and/or have a compromised consistency of the product and/or the storage conditions of the product written on the label, have been violated after delivery, they can not be returned due to reasons related to hygiene or health protection;
- for the delivery of goods which, having been delivered and which by their nature have been mixed with other goods from which they cannot be separated;
(4) When the provider in the PROBIOACTION platform has not fulfilled its obligations to provide information set out in the Consumer Protection Act, the User 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 user within the withdrawal period, the same shall 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 through the common form for withdrawal from the contract available and specified above in the General Terms and Conditions of the Provider.
(5) When the User has exercised its right to withdraw from the distance or off-premises contract, the Supplier shall reimburse all amounts received by the User, including delivery costs, without undue delay and no later than 14 days from the date of which the Supplier has been notified of the User’s decision to withdraw from the contract. The Supplier shall refund the amounts received using the same means of payment used by the User in the initial transaction, unless the User has expressly agreed to use another means of payment and provided that this does not involve costs for the User.
(6) Upon exercising the right of refusal, the costs for return of the delivered goods shall be deducted from the amounts for refund under par. 5, except in the cases when the User organizes the return of the goods itself and at its own expense. The Supplier has no obligation to reimburse the additional costs of delivery of the goods when the User has explicitly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.
(7) The User undertakes to store the goods received from the Supplier in the platform and to ensure the preservation of their quality and safety during the term under par. 1.
(8) The User may exercise its right to withdraw from the contract with the Supplier by making a written statement to the Supplier through the standard contract withdrawal form available in these general terms and conditions.
(9) When the Supplier on the PROBIOACTION platform has not offered to collect the goods itself, it may withhold payment of the amounts to the User until it receives the goods or until the User provides proof that it has sent the goods back, whichever occurs earlier.
Art. 17. (1) The delivery time of the goods is determined for each product separately when concluding the contract with the User through the Supplier’s website in the PROBIOACTION platform, and the goods can be delivered in one time slot selected by the User.
(2) If the Supplier in the PROBIOACTION platform cannot fulfill the contract due to the fact that it does not have the ordered goods, it is to apply one of its methods, published in the PROBIOACTION platform and according to Art. 20 below, after obtaining the User’s express consent.
VIII. EXECUTION OF THE CONTRACT
Art. 18. (1) The Supplier executes the orders on time and at prices specified in the PROBIOACTION platform.
(2) The Supplier in the PROBIOACTION platform may organize the delivery and handing over of the goods to the User by a respective courier within the term specified at the conclusion of the contract, in accordance with Art. 9, par. 6 of the General Terms and Conditions.
(3) If the term under par. 1 is not explicitly agreed between the parties at the conclusion of the contract, the Supplier organizes the delivery and handing over within a reasonable period. If the Supplier fails to organize the delivery within the specified period, it is obliged to notify the User in advance.
(5) In case of an order cancellation by the User, which is being paid by an online payment method and if the order has been canceled before its execution has been started, 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 handing over and if they do not meet the requirements it is to notify the Supplier immediately in the PROBIOACTION platform.
(2) If the User does not notify the Supplier in the PROBIOACTION platform according to par. 1 the goods are considered approved as meeting the requirements, except for hidden defects.
Art. 20. (1) The Supplier implements its product replacement policy published on the PROBIOACTION platform.
(2) In case the User has indicated in the order that it agrees to replace missing products at the Supplier’s discretion, in case of missing products and the presence of replacements in the Supplier’s warehouse, it selects suitable replacement products by type, quality and price and includes them in the User’s order.
(3) If the Supplier in the PROBIOACTION platform cannot fulfill the contract due to the fact that it does not have the ordered goods, it is obliged to inform the User and in case a cash on delivery method is chosen, the value of the missing products shall be deducted from the final price of the order.
(4) If the Supplier in the PROBIOACTION platform cannot fulfill the contract due to the fact that it does not have the ordered goods, it is obliged to notify the User and in case the orders are paid online when ordering them, the Supplier offers the User to refund the amount to a specified bank account or in cash.
Art. 21. (1) For the cases not settled in this section, the rules for the commercial sale, determined in the Commercial Law and the Consumer Protection Act, shall apply.
PROTECTION OF PERSONAL DATA
Art. 22. (1) The Supplier takes measures to protect the personal data of the User in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on its free movement and repealing Directive 95/46/EC (GDRR) and the Personal Data Protection Act. The Supplier processes the personal data of the Users on the basis of art. 6, par. 1, l. “b” of the GDRR – the processing is necessary for the performance of a contract under which the entity is a party or on the basis of Art. 6, par. 1, l. “a” of the GDPR – on the basis of explicit consent by the User.
(3) For security reasons for the personal data of the Users, the Supplier in the PROBIOACTION platform will send the data only to the e-mail address that was specified by the Users at the time of registration.
(4) The Supplier in the PROBIOACTION platform has the right to store data in the final communication device of the User, unless the latter explicitly expresses its disagreement.
(5) The Supplier processes the User’s personal data for the purposes of direct marketing only with its explicit agreement, which it can withdraw at any time.
(6) The User agrees that the Supplier may send him e-mails and electronic messages on the provision of the service, improvement of the functionalities, promotional messages for the specific User and others related to the performance of the contract.
Art. 23. (1) At any time, the Supplier in the PROBIOACTION platform has the right to require from the User to identify itself and certify the authenticity of each of the circumstances and personal data declared upon registration.
(2) In case for any reason the User has forgotten or lost its name and password, the Supplier 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
Art. 24. (1) These general terms and conditions may be amended by the Supplier of the PROBIOACTION platform, of which the latter will notify all registered Users in an appropriate manner.
(2) The Supplier in the PROBIOACTION platform and the User agree that any addition and amendment to these general terms and conditions will affect the User in one of the following cases:
- after its explicit notification by the Supplier in the PROBIOACTION platform and if the User does not state within the given 14-day period that it rejects them; or
- after their publication on the Supplier’s website in the PROBIOACTION platform and if the User does not state within 14 days of the publication that it rejects them; or
- with its explicit acceptance by the User through its account on the Supplier website on the PROBIOACTION platform.
(3) The User agrees that all statements of the Supplier in the PROBIOACTION platform in connection with the change of these general conditions will be sent to the e-mail address specified by the User on registration. The User agrees that e-mails sent under this article do not need to be signed with an electronic signature in order to have effect on it.
Art. 25. The Supplier publishes these general terms and conditions at https://www.probioaction.bg with all additions and amendments thereto.
Art. 26. These general terms and conditions and the User’s contract with the Supplier in the PROBIOACTION platform are terminated in the following cases:
- upon termination and declaration of liquidation or bankruptcy declaration by one of the parties to the contract;
- by mutual consent of the parties in writing;
- in case of objective impossibility of any of the parties to the contract to perform its obligations;
- in case of seizure or sealing of the equipment by state authorities;
- in case of deletion of the User’s registration in the PROBIOACTION platform. In this case, the concluded but not executed contracts for purchase and sale shall remain in force and are subject to execution;
Art. 27. The Supplier has the right at its discretion, without giving notice and without due compensation to terminate the contract unilaterally, if it establishes that the User is using the PROBIOACTION platform in violation of these general conditions, the Republic of Bulgaria’s legislation, generally accepted moral norms or generally accepted rules and practice in e-commerce.
Art. 28. The User undertakes to indemnify and relieve the Supplier of liability in the PROBIOACTION platform in case of lawsuits and other claims of third parties (whether justified or not), for all damages and costs (including attorney’s fees and court costs) arising by or in connection with (1) non-performance of any of the obligations under this contract, (2) infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights, (3) illegal transfer to other persons of the rights granted to the Supplier, for the term and under the conditions of the contract and (4) falsely declaring the presence or absence of the quality of User within the meaning of the Consumer Protection Act.
Art. 29. The Supplier is not liable in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders by the competent state authorities, which objectively impede the performance of the contract.
Art. 30. (1) The Supplier is not liable for damages caused by the User to third parties.
(2) The Supplier is not liable for property or non-property damages, expressed in lost profits or damages caused to the User as a result of improper use of the products according to the instructions given and/or their use indicated on the PROBIOACTION product labels and conclusion of a contract for purchase and sale with the Supplier.
(3) The Supplier is not responsible for the time during which the platform was not available due to force majeure or other objective circumstances over which the Supplier has no control.
(4) The Supplier is not liable for damages from comments, opinions and publications under the products, news and articles in the PROBIOACTION platform.
Art. 31. (1) The Supplier shall not be liable in the event of breaches of the security measures of the technical equipment and consequent loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
(2) The Supplier is not liable in case of concluding a contract of purchase and sale, providing access to information, loss or alteration of data resulting from false identification of a third party, which presents itself as the User, if it can be determined from the circumstances that this person is the User.
XIII. OTHER CONDITIONS
Art. 32. (1) The User and the Supplier in the PROBIOACTION platform undertake to mutually protect their rights and legal interests, as well as to keep their trade secrets, which became known in the process of performance of the contract and these general conditions.
(2) The User and the Supplier undertake not to make the written or oral correspondence between them public knowledge during and after the expiry of the contract period. The publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc. can be considered as public knowledge.
Art. 33. In the event of a conflict between these general terms and conditions in a special contract between the Supplier in 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 will not lead to invalidity of the entire contract.
Art. 35. (1) The laws of the Republic of Bulgaria shall apply to issues not settled in this contract related to the implementation and interpretation of this contract.
(2) The User has the right to refer all disputes with the Supplier regarding the implementation of this contract to the Platform for Alternative Dispute Resolution (ADR) out of court, available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show. In case of failure to reach an agreement to resolve the dispute out of court, the parties may refer the dispute 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 ……………… .