General terms of homeostaza.bg online store
Before making an order via the online store of HOMEOSTAZA, please read carefully the following stipulations. If you use this website, aiming to acquire a product, being advertised or offered via our web site, it shall be considered you agree with these General terms.
All visitors and users to our web site have to read carefully these General terms before using the web page and the online store. The General terms provide the necessary directions, concerning the relations between the web page and the clients, as well as describe their mutual rights and obligations. Each user, who uses the website, shall be considered to have accepted and fully aware of these General terms.
The present document contains the latest version of the General terms, due to which “Kebreni” Ltd provides services to users via its online store homeostaza.bg/katalog/.
Art. 1. The present general terms regulate the relations between “Kebreni” Ltd, Sofia, Triaditsa district, “Georgi Sofiysky” 46 str., fl. 1, apt. 1, referred to as the SUPPLIER hereto and the clients, hereafter referred to as the USERS of the online store, hereafter referred to as HOMEOSTAZA
ІІ. SUPPLIER DATA
Art. 2. Information, according to the Electronic commerce Act and Consumer protection Act:
- Name of the Supplier “Kebreni” Ltd, UIC 203407747, with its seat and address of management in the city of Sofia 1000, Triaditsa district, “Georgi Sofiysky” 46 str., fl. 1, apt. 1, General manager – Mihail Ilianov Kotsev, email:firstname.lastname@example.org, phone number.: +359 887 931 515
- Supervising authorities:
(1) Personal data protection Commission
Address: Sofia 1592 “Prof. Tsvetan Lazarov” 2 blvd.,
Phone number.: (02) 940 20 46
Fax: (02) 940 36 40
Email: email@example.com, firstname.lastname@example.org
(2) Consumers protection Commission
Address: Sofia 1000, “Slaveykov” 4A square, fl.3, 4 and 6,
Phone number.: 02 / 980 25 24
fax: 02 / 988 42 18
hot line: 0700 111 22
(3) Bulgarian agency for food safety
Address: Sofia 1000, “Pencho Slaveykov” 15 A blvd.,
Phone number.: 02 / 918 98 83
fax: 02 / 954 95 93
The Supplier provides an е-commerce, according to Consumer Protection Act, of food supplements to legal entities or physical persons, following the requirements of Ordinance 47, regarding the food supplements and food additives, as well as the applicable legislation thereto.
III. CHARACTERISTICS OF HOMEOSTAZA ONLINE STORE
Art. 3. HOMEOSTAZA is accessible on homeostaza.bg web page, by which the Users could make agreements for purchase and delivery of the products, provided by HOMEOSTAZA, as well as:
- To make registration and create a profile for browsing in HOMEOSTAZA, and for the use of the additional services for providing information;
- To make electronic statements in connection with the conclusion or execution of agreements with HOMEOSTAZA, using the interface of the web page of HOMEOSTAZA;
- To conclude agreements for purchase and delivery of the products, provided by HOMEOSTAZA;
- To make payments in connection with the agreements, concluded with HOMEOSTAZA, due to types of payment, accepted by the latter;
- To receive information for new products, provided by HOMEOSTAZA;
- To review the products, their characteristics, price and conditions for delivery;
- To be informed for their legal rights, specifically by the interface of the web page of HOMEOSTAZA;
- To have the right to refuse the execution of the agreement, concluded at a distance, for the products provided by the Supplier, when applicable;
Art. 4. The Supplier delivers the products and guarantees the legal rights of the Users, in good faith and according to the conditions and criteria of the commercial legislation.
- HOMEOSTAZA applies Ordnance 47/2004 concerning the food supplements, Foods Act, Ordinance for the requirements of food labeling and presentation, Consumers protection Act, Electronic commerce Act, as well as all the applicable legislation, concerning the e-commerce, distant and off-premises sales, the delivery and sale of the particular products, provided by homeostaza via the online store.
- All the products, provided in the online store, are not intended to cure or prevent medical diseases.
- All the products, provided by homeostaza.bg, are not considered medicaments and should not be used as such. Nor the web page, neither HOMEOSTAZA as Supplier, bear responsibility in case of the use of the products as medicaments.
- It is recommended the Users to consult a doctor or a medical specialist for the way of taking the products, before using them.
- If pregnant, breastfeeding or under age of 18, the User should consult a doctor or a medical specialist before using the products, provided by HOMEOSTAZA.
- If you take medicaments or have a medical condition, it is necessary to consult a doctor or a medical specialist before taking the products, provided by us.
- The information, presented by HOMEOSTAZA, is only informative and could not influence the choice and way of taking the products, offered on the page. The Users use the information on the page at their own risk.
- HOMEOSTAZA could not be held responsible for psychological or physical problems, occurred after taking the products, presented on the web page.
- HOMEOSTAZA provides to its clients products, connected with the sports and healthy nutrition, as they present food supplements and products, produced on the base of extraction of organic substances of plants and fish.
- HOMEOSTAZA declares it does not provide medicaments and products, being in the restrictive list of Metropolitan Regional Health Inspectorate and the Bulgarian agency for food safety.
Art. 5. (1) The Users conclude a sale – purchase agreement for the products, provided by HOMEOSTAZA by the interface of the Supplier, on its web page or by another means of communication off -premises.
(2) According to the agreement, concluded between the parties, the Supplier is obliged to deliver and transfer the property of the products, pointed by the latter, using the interface.
(3) The Users pay to the Supplier remuneration for the delivered products, according to the conditions, determined by HOMEOSTAZA and by the present general terms. The remuneration is to the amount of the price, announced by the Supplier on the web page of Homeostaza.
(4) The Supplier delivers the products, ordered by the Users, in the terms and under the conditions, described by the Supplier on the web page of HOMEOSTAZA and according to the present general terms.
(5) The fee of the delivery is determined separately and differently of the price of the products.
Art. 6. (1) The User and the Supplier agree that all the statements in connection with the conclusion and execution of the agreement could be made via electronic means according to the Electronic document and electronic signature Act and art. 11 of the Electronic commerce Act.
(2) It is assumed that the electronic statements are made by the persons, mentioned in the data, provided by the Users when registering if they have entered the respective username and password, as well as in the data, provided by them, in the cases in which they make the order as guests.
IV. USING HOMEOSTAZA
Art. 7. (1) To conclude sale – purchase agreements for the products by using HOMEOSTAZA, the User has to choose one of the following options:
- to enter the chosen username and password
- to order products as an unregistered user
(2) The username and password shall be chosen by the the User via electronic registration on the web page of the Supplier.
(3) The Supplier confirms the registration, made by the User, by sending an email to the email address, given by the User, with which confirms the creation of the account of the User and the occurrence of contractual relations between the parties.
(4) In case of an order by unregistered user, the Supplier confirms the order by sending an email to the email address, given by the User, thus creating contractual relations between the parties.
(5) On registering or making an order as an unregistered user, the User is obliged to provide correct and updated data. Users are obliged, in the event of a change, to update in due time the information they provide on registration.
(6) To use the full functionality of the electronic store of the Supplier, the User is obliged to make a registration on the web page of the latter. The Supplier could not be held responsible in case that due to the lack of registration, the User could not use the full functionality of the Internet store, including concerning the execution of the rights under the agreement, possibilities a lower price to be asked, etc.
(7) By ordering products with Homeostaza, the User declares they are aware of these general terms, agree with the content and undertake to comply unconditionally with them.
Art. 8. (1) The email, provided by the User upon the initial registration or by unregistered User when ordering, shall be considered a “Primary email address” according to these General terms. The User has the right to change their Primary email address.
(2) Upon receiving the application for a change in the Primary email address, the Supplier sends a request for confirmation of the change. The request for confirmation is sent by the Supplier to the new Primary email address, provided by the User.
(3) The change in the Primary email address shall be made after receiving the confirmation by the User.
(4) The Supplier shall not be held responsible for an incorrect change of the Primary email address.
(5) The Supplier could require the User to use the Primary email address in specific cases.
V. TECHNICAL STEPS FOR CONCLUSION A SALE – PURCHASE AGREEMENT
Art. 9. (1) The Users use mostly the interface of the web page of the Supplier for concluding sale – purchase agreements for the products, offered by the Supplier in HOMEOSTAZA.
(2) The agreement shall be concluded in Bulgarian language.
(3) The agreement between the Supplier and the User represents these General terms, available on the HOMEOSTAZA web page.
(4) The User is a party on the agreement with the Supplier, according to the data, provided upon registration and available in the personal profile of the User, or the data, presented by the User when ordering as an unregistered user.
(5) The Supplier includes in the interface of its web page, technical means for detection and correction of errors, when entering information, before the statement for the conclusion of the agreement to be made.
(6) The sale – purchase agreement shall be considered concluded from the moment of its request by the User by the interface of the Supplier.
(7) For the conclusion of a sale – purchase agreement, the Supplier informs the User in an appropriate way via electronic means.
(8) The request for conclusion of the agreement and the confirmation of its receiving shall be considered received when their recipients have access to them.
(9) The Supplier delivers the products to the address, given by the User and shall not be held liable for any incorrect or misleading data, provided by the User.
(10) The Supplier has the right to send emails to the Primary email address concerning notifications, promotions or changes.
Art. 10. (1) the Users conclude the sale – purchase agreement with the Supplier, as follows:
Registering in HOMEOSTAZA and providing the necessary data if the User is not registered, or by ordering a product without registration;
Entering the ordering system of HOMEOSTAZA by using username and password or by another identification;
Choosing one or more of the products, offered by HOMEOSTAZA and adding them to the purchase list;
Providing data for performing the delivery;
Choosing a way and time of paying the price.
Confirmation of the order;
(2) The Users could conclude the sale – purchase agreement with the Supplier without registration, by using the respective feature in the interface of the web store.
VI. SPECIFIC OBLIGATIONS OF THE SUPPLIER. PROTECTION OF CONSUMERS
Art. 11. The principles in the current section VI of these general terms, shall be applicable for Users, for which, due to the data, provided for conclusion of an agreement or for registration in HOMEOSTAZA, could be assumed they are considered consumers, according to the Protection of consumers Act, Electronic commerce Act and/or Directive 2011/83/EU of the European parliament and of the Council as of October 25th, 2011.
Art. 12. (1) The main characteristics of the products, offered by the Supplier, are specified in the respective products’ sections of HOMEOSTAZA web page.
(2) The price of the products, including the taxes, is determined by the Supplier in the respective products’ sections of HOMEOSTAZA web page.
(3) The value of the postal and courier services, not included in the price of the products shall be determined by the Supplier and shall be provided as information to the Users at one of the following moments before the conclusion of the agreement:
– In the products’ sections in the web page of HOMEOSTAZA;
– On choosing the products for conclusion of the sale – purchase agreement;
(4) The way of payment and execution of the agreement are determined by these general terms as well as by the information, provided to the User on the Supplier’s web page.
(5) The information, provided to the Users under this article is updated as of the date of its presentation of the web page of the Supplier before the conclusion of the sale – purchase agreement.
(6) The Supplier is obliged to provide the delivery conditions for each product on the web page.
(7) Before the conclusion of the agreement, the Supplier provides the total value of the order for all the products, included thereto.
(8) The Users agree that all the information, necessary according to the Protection of consumers Act, could be provided by the interface of HOMEOSTAZA or via email.
Art. 13. (1) The User agrees that the Supplier has the right to accept advance payments for the concluded sale – purchase agreements, as also for the delivery of the products.
(2) The User chooses if to pay to the Supplier the delivery price before or at the moment of delivery.
Art. 14. (1) The User has the right to cancel the agreement, without penalty and without giving any reason, within 14 days as of the date of receiving the product by the cancellation form, accessible via the link on the web page of the Supplier. Information for the right of refusal is accessible on the web page of the Supplier. The Users could also provide other form of statement, which could be put on durable medium.
(2) The right of refusal under art. 1 shall not be applicable in the following cases:
- for delivery of products, made specifically for the User and/or according to their personal requirements;
- for delivery of products that deteriorate or quickly reach their expiry date
- for delivery of sealed products which, for health-protection or hygienic reasons, are not suitable for return;
- for delivery of products which, due to their nature, are mixed with other goods after delivery in such a way that they cannot be separated from each other;
- for delivery of sealed sound or picture recordings or sealed software that the consumer has broken the seal of;
- for delivery of a newspaper, periodical or magazine, with the exception of subscription contracts for the delivery of such publications;
(3) When the Supplier has failed to fulfill its obligations for providing information, according to the Protection of consumers Act, the User has the right to withdraw from the agreement as concluded within one year and 14 days as of the date of receiving the product. If the information is provided to the User within the period for withdrawal, the latter shall start as from the date of provision of the said information. The User has the right to make their statement for withdrawal from the agreement under this article directly to the Supplier by using the cancellation form, accessible on the web page of the Supplier.
(4) When the User has exercise their right of withdrawal from the agreement, the supplier shall be obligated to reimburse all sums paid by the User, including the shipping costs, within 14 days as of the date on which the User has provided the information for the withdrawal. The Supplier reimburses the received sums, using the same payment order, used by the User upon the initial registration unless the User has given their explicit agreement for the use of another payment order and if that is not connected with expenses for the Supplier.
(5) On execution of the right of withdrawal, the expenses for returning the products shall be at the expense of the User and the fees for returning the product shall be deducted from the amount paid by the User under the agreement. The Supplier does not have the obligation to reimburse the additional expenses for the delivery of the products, when the User has explicitly asked for a delivery, different than the cheapest kind of a standard delivery, offered by the Supplier.
(6) The User is obliged to preserve the products received from the Supplier, the quality and safety of the said products, for the duration of the period under par.1.
(7) The User could exercise their withdrawal right from the agreement by providing a written statement to the Supplier, using the cancellation form, accessible on the web page of HOMEOSTAZA.
(8) When the Supplier does not offer to collect the products itself, it may withhold the sums of the User until it receives back the products or the User provides a proof they return the products, whichever comes first.
Art. 15. (1) The term for the delivery of the products and its initial date, is determined separately for each product on concluding the agreement with the User on the web page of the Supplier, unless the products are ordered in one delivery.
(2) In case the Supplier and the User have not agreed on a term of delivery, the term of delivery of the products is within 30 business days, as of the date, following the date of the order, made by the User on the web page of the Supplier.
(3) Where the Supplier is unable to perform the obligations thereof under the agreement on the grounds that the products ordered are unavailable thereto, the latter shall be obligated to inform the User and have to refund them for any sums paid thereby.
Art. 16. (1) The Supplier delivers the products to the User, after verifying the execution of the obligations for providing information by the User, according to the Protection of consumers Act.
(2) The Supplier and the User verify the circumstances under par.1 in written form at the time of delivery by handwritten signature, unless otherwise agreed.
(3) The User and the Supplier agree that the requirements under par.1 shall be fulfilled if the verification is made by a party, for which, due to the circumstances could be assumed they shall provide the necessary information to the User – the party under the agreement.
VII. OTHER CONDITIONS
Art. 17. The Supplier delivers the products to the User within the term, determined in the concluded agreement.
Art. 18. The User has to review the products in the moment of delivery and to inform immediately the Supplier if the products do not meet the requirements.
VIII. PERSONAL DATA PROTECTION
Art. 19. (1) The Supplier shall take measures to protect the personal data of the User according to the Personal data protection Act.
(2) Securing the personal data of the Users, the Supplier shall send the data only to an email address, provided by the User upon registration.
(3) The Supplier adopts and announces on the web page General data protection regulation.
(4) The Users agree that the Supplier has the right to process their personal data, necessary for the fulfillment of the orders in the web store and the execution of the agreement.
Art. 20. (1) In each moment the Supplier has the right to ask the User to verify and prove the authenticity of all the circumstances and personal data, provided upon registration.
(2) In case the User has forgotten or lost their username and password, the Supplier has the right to apply the Procedure for lost or forgotten usernames and passwords.
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS
Art. 21. (1) The present general terms could be amended by the Supplier, for which the latter shall inform all the registered Users in an appropriate way . (2) The Supplier and the User agree any amendment or supplement of these general terms shall be applicable for the User after the latter is explicitly informed by the Supplier and if not states within 30 days they do not accept them.
(3) The User agrees all the statements of the Supplier, in connection with the amendment of these general terms, to be sent to the email address, given by the User upon registration. The User agrees the emails, sent under this article, need not be electronically signed to have legal effect.
Art. 22. The Supplier publishes these general terms on its web page together with all the amendments and supplements thereto.
Art. 23. These general terms and the agreement between the User and the Supplier shall be terminated in the following cases:
in case of closing, bankruptcy or insolvency of one of the parties under the agreement;
by mutual agreement in written form;
unilaterally, with a prior written notice, in case one of the parties fails to perform their obligations;
by objective impossibility of any of the parties to perform their obligations;
by seizing or sealing of the equipment by state authorities;
In case the registration of the User in the WEB STORE has been deleted. In this case the concluded, but not executed, sale – purchase agreements shall remain in force and are subject to execution.
in case of exercising the right of refusal under art.55, par.1 of the Protection of consumers Act. In this case only the agreement for the delivery of the respective purchased product shall be canceled, if the right of refusal is applicable for this certain type of products;
XI. OTHER CONDITIONS
Art. 24. The possible invalidity of any of the stipulations of these general terms does not render the entire agreement void.
Art. 25. For all the conditions, not explicitly stipulated herein, concerning the execution and interpretation of this agreement, the Bulgarian legislation in force shall be applicable.
Art. 26. All disputes between the parties under this agreement shall be settled by the competent court or by the Protection of consumers Commission.