I .GENERAL PROVISIONS
Art. 1. These General Terms of Use are intended to regulate relations and represent an agreement between the Lactologia Foundation (the Organization) in its capacity as operator of the website – http://shop.toxylact.com (the Platform), on the one hand, and every single user or visitor who loaded the website in their internet browser, on the other hand.
Art. 2. The use of the services of the “Lactologia” Foundation is possible only after acceptance of these General Terms of Use. Every single action of a user after the website http://shop.toxylact.com is loaded in the browser constitutes an electronic declaration of consent that he agrees with these General Terms and Conditions and is at least 16 years of age.
II . DATA
Art. 3. Information according to the Electronic Commerce Act and the Consumer Protection Act:
Name: “Lactology” Foundation, EIK 207496533
Headquarters and address of management: Burgas, gh. Lazur, bl. 77, entrance 11, fl. 9, p. k. 8001
Address for exercising the activity and address for submitting complaints by users: Burgas, gh. Lazur, bl. 77, entrance 11, fl. 9, p. k. 8001
Correspondence details: Burgas, gh. Lazur, bl. 77, entrance 11, fl. 9, p. k. 8001
Email: dr.d.kehayov13@gmail.com
Tel: 0887017079
Supervisors:
(1) Commission for the Protection of Personal Data
Address: Sofia, “Prof. Tsvetan Lazarov” No. 2
phone: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Consumer Protection Commission
Address: 1000 Sofia, “Slaveikov” square #4A, floors 3, 4 and 6
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
III . SUBJECT
Art. 4. http://shop.toxylact.com is a platform available at http://shop.toxylact.com , through which users have the opportunity to:
- to enter into contracts for the purchase and sale and delivery of the offered goods and services.
- to register and create a profile in the electronic store and use services to provide information.
- to review the offered goods, services, prices and terms of delivery.
- to view the content published on the website, including the information that the organization has provided about itself, its team, the goods and services provided by it, current offers, informative articles, contacts, presentation of its customers and partners and others.
- to receive information about new goods and services offered by the organization.
- to make electronic statements in connection with the conclusion or execution of contracts with the organization on the platform.
- to be notified of the rights arising from the law, primarily through the platform interface.
- to exercise their right to opt out, where applicable, under the Consumer Protection Act.
Art. 5. Users conclude a contract for the purchase and sale of goods with the organization on the platform at http://shop.toxylact.com. The contract is concluded in Bulgarian and stored in the organization’s database. By virtue of the contract concluded with the organization for the purchase and sale of goods and/or services, the organization in the platform undertakes to organize the delivery and transfer of ownership to the user of the goods and/or services specified by it through the interface in the platform. Users have the right to correct errors when entering information no later than making the statement on concluding the contract with the organization on the platform. Users pay the organization a fee for the delivered goods according to the conditions set out in the platform and these general terms and conditions. The reward is equal to the price announced on the platform. “Lactologia” Foundation organizes the delivery of the goods and guarantees the rights of consumers provided by law.
Art. 6. The user and the organization agree that all statements between them in connection with the conclusion and execution of the contract should be made electronically and through electronic statements within the meaning of the Electronic Commerce Act and the Electronic Document and Electronic Signature Act.
IV . REGISTRATION TO USE THE PLATFORM
Art. 7. In order to use the http://shop.toxylact.com platform, the user should enter a name and password of his choice, or identify himself through his Facebook or Google accounts , with which he is considered to have accepted these general terms and conditions conditions.
Art. 9. By filling in his data and pressing the “Buy” button, the user declares that he is familiar with the general conditions, agrees with their content and undertakes to abide by them unconditionally.
Art. 10. The organization confirms the order placed by the user by e-mail or by phone and a contractual relationship arises between the user and the organization.
V. CONCLUSION OF A PURCHASE – SALE AGREEMENT
Art. 11. Users use the organization’s page on the platform or make their orders through the social networks on FACEBOOK or GOOGLE to conclude contracts for the purchase and sale of the goods and/or services offered by the organization.
Art. 12. In cases of ordering goods without registration by the user, the latter accepts these general conditions at the time of delivery. The user is deemed to have accepted these general conditions by accepting the delivery of the goods.
Art. 13. Users conclude the contract for the purchase and sale of the goods on the platform according to the following procedure: Login to the system for placing orders on the platform; selecting one or more of the goods and/or services offered by the organization on the platform and adding them to a purchase list; provision of the necessary data for individualization of the user as a party to the contract; providing delivery details; choice of method and moment of payment of the price; order confirmation by phone or e-mail.
VI . CONTENTS OF THE AGREEMENT
Art. 14. The organization and the user conclude separate contracts for the purchase and sale of the goods requested by the user, regardless of the fact that they are selected with one electronic statement and from one list of goods for purchase. Consumer rights in relation to delivered goods are exercised separately for each sales contract. The user can pay the price for the individual sales contracts at once when placing the order for the goods or when they are delivered.
Art. 15. The main characteristics of the goods and/or services offered by the organization are defined in the profile of each on the platform.
Art. 16. The price of goods and services is inclusive of all taxes and fees and is determined by the organization in each profile on the platform.
Art. 17. The value of postal or transport costs, not included in the price of the goods, is determined by the organization and is provided as information to the user when choosing the goods and/or services for concluding the contract of sale.
Art. 18. (1) The methods of payment, delivery and performance of the contract are defined in the present general terms and conditions and the information provided to the user.
(2) Payments to the supplier are made in one of the following ways:
- Cash on Delivery
- Bank transfer
- Credit or debit card
- PayPal
- ePay/EasyPay
(3) In the event that the value of the user’s order is equal to or exceeds BGN 10,000, payment shall be made only by transfer or deposit to the Organization’s payment account.
Art. 19. The information provided to the user is current at the time of its visualization on the platform before the conclusion of the purchase and sale contract.
Art. 20. Users agree that all information required by the Consumer Protection Act can be provided through the Platform or email.
Art. 21. The user agrees that the organization has the right to accept advance payment for the contracts concluded with the user for the purchase and sale of goods and their delivery.
Art. 22. The user 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.
Art. 23. The user has the right, without owing compensation or a penalty and without giving a reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by the Organization.
Art. 24. The right to withdraw from the contract does not apply in the following cases:
- for the delivery of goods made to the order of the User or according to his individual requirements.
- for the delivery of goods, due to a difference in the colors of the goods with those of the customer’s monitor
- for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life.
- for the delivery of sealed goods which have been unsealed after their delivery and cannot be returned for hygiene or health protection reasons.
- for the delivery of goods which, after being delivered and due to their nature, have become mixed with other goods from which they cannot be separated
- for unpacked/unprinted goods, due to hygiene reasons.
Art. 25. When the organization has not fulfilled its obligations to provide information, defined in the Consumer Protection Act, the consumer has the right to withdraw from the concluded contract within one year and 30 days from the date of receipt of the goods. When the information is provided to the user within the opt-out period, the same begins to run from the date of its provision. The user has the right to make the opt-out statement under this article directly to the organization.
Art. 26. When the consumer has exercised his right of withdrawal from the contract at a distance or from the contract off-premises, the organization shall refund all sums received from the consumer without undue delay and no later than 14 days from the date on which it was notified of the user’s decision to withdraw from the contract. The organization refunds the amounts received using the same means of payment used by the user in the initial transaction, unless the user has expressed his express consent to use another means of payment and provided that this is not associated with costs for the user.
Art. 27. When exercising the right of refusal, the costs of returning the delivered goods are deducted from the refund amounts, except in cases where the consumer organizes the return of the goods himself and at his own expense. The organization 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 organization.
Art. 28. The user undertakes to store the goods received by the organization and to ensure the preservation of their quality and safety during the period under Art. 26.
Art. 29. The user can exercise his right to withdraw from the contract with the organization by sending a written statement to the supplier.
Art. 30. When the organization has not offered to collect the goods itself, it may withhold payment of the sums to the consumer until it receives the goods or until the consumer provides proof that he has sent the goods back.
Art. 31. The user undertakes to return the goods in a commercial form that allows their subsequent sale, unless the unpacking of the goods leads to an obvious violation of the commercial form of the goods, such as, but not limited to, a destructible box, hermetic packaging and other similar cases. In case of impaired commercial appearance of the goods, the organization has the right, at its discretion, to refuse to accept a withdrawal from the contract or to charge the consumer the cost of restoring the goods to commercial appearance.
Art. 32. In case of exercising the right of withdrawal from the contract, it is considered that the user has also exercised the right of withdrawal in relation to the bonus content belonging to the goods.
Art. 33. The term of delivery of the goods is determined for each good separately when concluding the contract with the user through the website of the organization.
Art. 34. In the event that the user and the organization have not determined 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 through the organization’s site on the platform.
Art. 35. If the Organization cannot fulfill the contract because it does not have the ordered goods, it is obliged to notify the consumer and refund the amounts paid by him.
VII . EXECUTION OF THE AGREEMENT
Art. 36. The organization can organize the delivery and handing over of the goods to the consumer by a relevant courier within the time limit specified at the conclusion of the contract. If the term is not expressly agreed between the parties at the conclusion of the contract, the organization organizes the delivery and handover within a reasonable time.
Art. 37. The user should inspect the goods at the time of delivery and handover and if it does not meet the requirements, notify the organization immediately. If the user does not notify the organization, the goods are considered to be approved as conforming to the requirements, except for hidden defects.
Art. 38. The organizer is not obliged to provide the necessary service for the goods.
Art. 39. For the cases not regulated in this section, the commercial sale rules defined in the Commercial Law and the Consumer Protection Law shall apply.
VIII . PROTECTION OF PERSONAL DATA
Art. 40. The organization takes measures to protect the user’s personal data in accordance with the Personal Data Protection Act.
Art. 41. For reasons of security of the user’s personal data, the organization will send the data only to the e-mail address specified by the user.
Art. 42. The organization has the right to store data in the final communication device of the user, unless the latter expressly expresses his disagreement to this.
Art. 43. The user agrees that the organization has the right to send electronic messages to the user at any time, including a newsletter or offers to purchase goods, as long as there is consent for digital marketing by the user.
Art. 44. The user agrees that the organization has the right to collect, store and process data about the user’s behavior when using the organization’s website.
Art. 45. At any moment, the organization has the right to require the user to identify himself and to certify the authenticity of each of the circumstances and personal data announced during the electronic correspondence.
IX . AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
Art. 46. These general conditions may be amended by the organization, of which the latter will notify in an appropriate manner, placing them in a prominent place on its website.
Art. 47. The organization and the user agree that any addition and amendment to these general terms and conditions will have effect against the user in one of the following cases after their publication on the organization’s website and if the user does not state within 14 days of their publication that they rejects.
Art . 48. The user agrees that all statements of the organization in connection with the amendment of these general conditions will be sent to the e-mail address specified by the user when requesting a service, inquiry or request for an offer. The user agrees that e-mails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.
Art. 49. The organization publishes these general conditions at http://shop.toxylact.com together with all additions and amendments thereto.
X .OTHER TERMS
Art. 50. The user and the organization undertake to protect each other’s rights and legal interests, as well as to protect their trade secrets, which became their knowledge in the process of executing the contract and these general terms and conditions.
Art. 51. The user and the organization undertake during and after the expiration of the contract period not to make public any written or oral correspondence between them. The publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc. can be considered public domain.
Art. 52. In the event of a conflict between these general terms and conditions and provisions in a special contract between the organization and the user, the clauses of the special contract shall prevail.
Art. 53. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.
Art. 54. The laws of the Republic of Bulgaria shall apply to matters not settled in this contract, related to the implementation and interpretation of this contract.
Art. 55. All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.
Art. 56. These general terms and conditions enter into force for all users on September 1, 2023.
These general conditions have been prepared by the Advocatus team . bg