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Please carefully read these General Terms and Conditions before using this website. By using this website, it is considered that you accept and agree to the stated General Terms and Conditions. If you do not accept these conditions, do not use this website!
Last update: 15.06.2022
I. SUBJECT
Art. 1 (1) These General Terms and Conditions govern the relationship between users of the electronic (internet) pages and services located on the domain www.botanical.bg, its subdomains, and our Facebook page (referred to as “Site,” “Website,” “Internet page”) and apply to physical clients (referred to as “You,” “Buyer,” “Client,” “User”) who have access to the website or our social media page administered by us.
(2) For legal entity clients (referred to as “Merchant Client”) using the services and products offered on the Site, the General Terms and Conditions are for informational purposes only, as the terms of contracts concluded with commercial companies are individually negotiated between the seller and the buyer.
Art. 2 You agree to comply with all provisions of these General Terms and Conditions when using the Site.
II. SELLER INFORMATION
Art. 3 “BOTANICAL EU TRADING” EOOD, EIK 204312526, BG204312526, with headquarters and management address: Plovdiv, 4004, South district, bul. Alexander Stamboliyski 102, represented by Ilko Petkov (referred to as “Merchant,” “Seller,” “Site,” “We”), administrates and manages the website www.botanical.bg – an online store offering distance sales contracts under these General Terms and Conditions.
Art. 4 You can contact “BOTANICAL EU TRADING” EOOD in the following ways:
(1) by phone: +359878515752
(2) by email: sales@botanical.bg
(3) by mail to the address: Plovdiv, 4004, South district, bul. Alexander Stamboliyski 102
(4) through the contact form on the Site;
III. DEFINITIONS
Art. 5 (1) “Client” / “User” – any natural person who uses the Site in any way, including browsing it and/or purchasing a product or service through an order on the Site.
(2) “Merchant Client” – any legal entity or other legal entity that uses the Site in any way, including browsing it and/or purchasing a product through an order on the Site.
(3) “Merchant” / “Seller” is “BOTANICAL EU TRADING” EOOD.
Art. 6 “Account” / “Profile” – a section of the Site formed by an email address and password that allows the Client to use the Site’s services, in cases where an account is required for their use.
Art. 7 “Site” – means the internet page located at the following web address: www.botanical.bg.
IV. GENERAL PROVISIONS
Art. 8 The General Terms and Conditions of “BOTANICAL EU TRADING” EOOD are mandatory for all users and clients of the Site.
(1) Each use of the Site implies that you have carefully read the General Terms and Conditions and agreed to comply with them unconditionally.
(2) The General Terms and Conditions may be unilaterally changed by “BOTANICAL EU TRADING” EOOD at any time by updating them. These changes take effect immediately and are mandatory for all clients and users of the Site.
(3) “BOTANICAL EU TRADING” EOOD has the right to make changes to the terms of use at any time at its own discretion or if required by a legal act in force.
(4) In any case of a change in the General Terms and Conditions, “BOTANICAL EU TRADING” EOOD informs its clients and users by publishing the changes on the Site. In this sense, it is your obligation as users to check for any changes in the general terms and conditions of the website each time you use it.
(5) If any of the provisions of these General Terms and Conditions for using the Site are found to be invalid or inapplicable, for any reason, this will not affect the validity or applicability of the remaining provisions.
Art. 9 “BOTANICAL EU TRADING” EOOD makes serious efforts to maintain the accuracy of the information presented on the Site. However, given possible technical errors or omissions in this information, “BOTANICAL EU TRADING” EOOD clarifies that the product images are illustrative and indicative, and the delivered products may differ from the images.
Art. 10 The characteristics or prices of the products described on the Site may be changed at any time. Due to technical reasons, errors may be present in them, for which “BOTANICAL EU TRADING” EOOD apologizes in advance to its users and clients.
Art. 11 All goods, including those on sale/promotion, are sold and delivered until stocks are exhausted, even if this is not explicitly stated on the Site.
Art. 12 The Site may contain links to other websites. The Website is not responsible for the privacy policy of websites it does not administer, as well as for other information contained in them.
V. CONTRACT CONCLUSION
Order Placement
Art. 13 (1) The User expresses their desire to order/purchase a product/service through the Site by placing an order electronically, with or without a registered profile on the Site. You can place an order over the phone as well, in which case you will receive an email to the email address provided by you. Once the General Terms and Conditions are confirmed, your order will be considered placed.
(2) If the User is over 18 years of age, they have the right to order all products and services listed on the Site, unless they are not available and only if, according to the law, the User is able to enter into binding contracts.
(3) When placing an order through the Site, the User has the right to choose the type, brand, and model of the products and their quantity according to the options offered on the Site. The system may require you to choose other characteristics (e.g., color) if the selected products/services have different variations.
(4) After selecting the products/services you want from the website, as well as their quantity, you should click on the “Order” button.
(5) Before completing the order, you will be given the opportunity to choose the payment method and delivery conditions. You will be required to provide data without which the contract cannot be fulfilled. Such data usually include names, delivery address, phone number, email address, and invoice details if requested.
(6) Before finalizing the order, the Client should ensure that they are ordering a specific product from the category of interest. The site has separate and clear categories with products at reduced prices due to described defects, as well as when unpackaged or sample products are offered. This is explicitly stated in the site’s announcement. All other products offered are new, unused, and of the necessary quality.
Order Confirmation
Art. 14 (1) The Site will send a notification to the User for the registration of the Order in its system, which does not imply acceptance, confirmation, or assumption of an obligation for its fulfillment but is solely a confirmation of the received order. This notification also includes information according to Art. 47, para. 1 of the Consumer Protection Act, relevant extracts from these General Terms and Conditions, and an extract from the order made by you.
(2) The notification of acceptance and assumption of the obligation for order fulfillment is made by the courier when the product has been handed over to him by the seller. In this case, the courier acts on behalf of “BOTANICAL EU TRADING” EOOD. At its discretion, the merchant may notify the user by email or phone.
(3) Until the notification in para. 2, the Seller has the right not to deliver part or all of the products or not to fulfill part or all of the services of the order for various objective reasons, including but not limited to stock depletion. In any case, the Site informs the Client of this via email or phone. In this situation, the Seller’s sole responsibility is to refund the eventual price received for the product or service.
Entry into Force of the Contract
Art. 15 (1) The distance purchase contract between the Seller and the Client is considered concluded at the moment the Client receives a notification from the courier that the product is ready for delivery to the address provided by the Client. In cases where the Seller chooses to notify the Client, the contract is considered concluded from the moment of receiving the notification via email and/or SMS sent to the Client’s phone, informing that the Product from the Order is ready for dispatch or the Service can be provided.
(2) The purchase contract concluded between the Client and the Seller consists of these General Terms and Conditions and any additional agreements between the Seller and the Buyer.
VI. ONLINE SALES POLICY
Art. 16 Access to the Site for order registration purposes is allowed to every client. Registration on the Site can be done at the Client’s discretion.
(1) The Site reserves the right at its discretion to restrict any client’s access until an Order is completed and/or until one of the available payment methods is used if it believes that this would harm the Site or the Seller in any way. In this case, the Client’s only right is to contact the “Customer Relations” department of the Site through the contact form or the coordinates provided in section II of these General Terms and Conditions to be informed about the reasons for applying the measures mentioned above. The Site is not responsible for any damages suffered or that may be suffered by the client as a result of this decision, regardless of its correctness or justification.
(2) The Client has the right to post opinions on products and/or services and to contact the Site at the addresses provided in the “Contacts” section. Opinions or messages containing inappropriate language will be removed from the Site or ignored.
(3) Communication with the Seller can be done directly through the addresses provided in section II of these General Terms and Conditions, as well as the addresses in the “Contacts” section.
Art. 17 The Site may publish advertising or promotional information about the products and/or services and/or promotions offered on the Site for a certain period of time.
Art. 18 All prices of goods and/or services on the Site are final, announced in Bulgarian Lev (BGN) with VAT included and all other required taxes or fees.
Art. 19 In case of online payments through PayPal or other similar payment systems or bank transfers, the Seller is not responsible for any costs related to fees, commissions, or other additional payments made by the buyer or their bank in connection with the transaction, as well as in cases of currency exchange applied by the buyer’s bank if the currency is different from BGN.
Art. 20 Payment by card to the Site is considered an international payment by banks in Bulgaria and according to their card and card payment rules, some banks may charge additional fees for such transactions. The costs associated with such payments are solely borne by the buyer. Therefore, the Site recommends its clients to inquire with their bank about any additional fees that may be charged for online payments or bank transfers for products sold on the Site.
Art. 21 All images placed on the platform are intended solely to provide an idea of the type of product/service offered, not to represent it accurately. Therefore, some of the images of the products or services on the platform (static/dynamic images/multimedia presentations, etc.) may not correspond to the appearance of the actual product or create a wrong impression of the service offered. The Seller is not responsible for such discrepancies.
Art. 22 The Client is obligated and responsible for ensuring that all data provided to the Site in connection with the order is accurate, complete, and correct as of the date of order submission.
Art. 23 By placing an order, the Client authorizes “BOTANICAL EU TRADING” EOOD to contact them by any possible means when necessary in connection with the order placed or the contract concluded.
Art. 24 The Seller has the right to refuse to fulfill (cancel) a customer’s order, for which the customer should be notified.
Art. 25 Order cancellation does not entail any responsibility or subsequent obligation of either party towards the other in connection with it, and therefore, neither party has the right to seek compensation from the other for its cancellation in the following cases:
* refusal by the customer’s issuing bank to accept the transaction for online payments;
* completion of a monetary transaction that does not result in funds being credited to the seller’s account for online payments;
* the data provided by the customer in the Platform is incomplete and/or incorrect.
VII. RIGHT OF WITHDRAWAL AND PRODUCT REPLACEMENT
Attention! Cancellation of orders for food products and beverages (tea, honey, and others) or requests for replacement of such products are not accepted due to hygiene reasons if the products have been opened by you after receipt. For other exceptions regarding respect for the right of withdrawal and claims, see below.
Deadline for the right of withdrawal and right of replacement
Art. 26 (1) Within 14 days from the conclusion of the contract, when a service is ordered, or within a 14-day period from the receipt of the product – when a product is ordered, the Client has the right to inform the Seller that they are withdrawing from the order of the product/service from the Site without stating a reason or motive for it and without owing penalties or other compensation to the Seller, except for the return costs of the product (in the case of a product order) when the return is done by a postal operator different from “Bulgarian Posts.”
(2) The Client who ordered a service from the Site is obliged to pay the Seller the corresponding amount for the service proportionally to the executed portion at the time of withdrawal, in case the Client requested immediate service performance following the order. The Client/User owes the Seller compensation in cases where, upon exercising the right of withdrawal, they have returned a product ordered from the Site that has been damaged, and the damage is not due to the normal testing of the product.
(3) The withdrawal period for an order containing multiple products delivered on different days is 14 days from the date on which the Buyer or a third party specified by them takes possession (receives) the last product from the order;
(4) The withdrawal period for an order consisting of multiple batches or parts is 14 days from the date on which the Buyer or a third party specified by them takes possession of the last batch or part;
(5) The withdrawal period for an order of a subscription that regularly delivers products for a specified period (e.g., a monthly product subscription) is 14 days from the date on which the Buyer or a third party specified by them takes possession of the first product;
(6) The right of withdrawal does not apply to the cases listed in Art. 31, as well as when any of the conditions stated in Art. 29 of these General Terms and Conditions are not met.
(7) Within 14 days of receiving the order, the Client has the right to exchange a product for another of the same kind within the periods provided in the previous paragraphs and in compliance with the conditions and procedures in Art. 27 and the following of these General Terms and Conditions.
Notification of cancellation
Art. 27 (1) The Client’s notification that they are cancelling the contract or wish to replace the received product with another should be made within the deadline under Art. 26, by one of the following methods:
* by calling the contact phones of the Seller;
* by email to the Seller’s email address in free text;
* by letter with acknowledgment of receipt to the Seller’s address in free text;
* by filling out and sending to the Seller the Standard withdrawal form, provided below;
(2) The Client may, but is not obliged to, use the Standard withdrawal or replacement form as follows:
To “BOTANICAL EU TRADING” LTD, with headquarters and management address: Plovdiv, 4004, South district, 102 Alexander Stamboliyski Blvd., email: sales@botanical.bg, tel. +359878515752
`STANDARD WITHDRAWAL FORM
I hereby notify that I am withdrawing from the contract for the purchase of the following goods/services:
Article:…………………………../type of product/article number/
Size: …………………………………………/if applicable/
The goods were ordered on …………… /indicate the order date/
The goods were received on …………… /indicate the delivery date/
The goods were ordered by ……………. /client’s full name/
at ………………………………………………../client’s address/
Email and contact phone: ……………….
I request a refund of the amount paid by me for the goods and their delivery by bank transfer / by other means, with the following details:
* IBAN: ……………………………………………
* Bank: ………………………………………………..
* Account Holder: ……………………………….
* Other: ……………………………………………………….
With this form, I declare that I am aware of and accept:
* the general terms and conditions of the company;
* the company’s security policy;
……………… …………………………… …./Date/
…………………………………………………………/Client’s signature/
Sign only if you are submitting this form on paper.
STANDARD PRODUCT REPLACEMENT FORM
To “BOTANICAL EU TRADING” LTD, with headquarters and management address: Plovdiv, 4004, South district, 102 Alexander Stamboliyski Blvd., email: sales@botanical.bg, tel. +359878515752
I hereby notify that I wish to replace the product purchased by me, as follows:
Article:…………………………../type of product/article number/
Size: …………………………………………/if applicable/
The goods were ordered on …………… /indicate the order date/
The goods were received on …………… /indicate the delivery date/
The goods were ordered by ……………. /client’s full name/
at ………………………………………………../client’s address/
Email and contact phone: ……………….
I want to replace the above-mentioned article with the following product:
Article:…………………………../type of product/article number/
Size: …………………………………………/if applicable/
In case of unavailability, please refund the amount paid by me for the goods by bank transfer / by other means, with the following details:
* IBAN: ……………………………………………
* Bank: ………………………………………………..
* Account Holder: ……………………………….
* Other: ……………………………………………………….
With this form, I declare that I am aware of and accept:
* the general terms and conditions of the company;
* the company’s security policy;
……………… …………………………… …./Date/
…………………………………………………………/Client’s signature/
Sign only if you are submitting this form on paper.
Return of goods
Art. 28 (1) In case of cancellation of an order for goods from the Site, as well as in case of a request for replacement, the Client must return the product, together with the invoice issued by “BOTANICAL EU TRADING” LTD and/or the receipt issued by the Seller or the courier delivering the goods, within a 14-day period from the notification that the order is cancelled or the desire for product replacement, to the address specified in Art. 4 of these General Terms and Conditions.
(2) When returning the product, the Client must indicate to the postal operator that they wish to use the “Product inspection” service from the recipient, as our department checks the condition of the product before accepting it back.
(3) The return of the product is at the expense of the Client if they do not return it through “Bulgarian Posts” but prefer another courier service.
Legitimacy of cancellation/replacement request
Art. 29 The right of cancellation, respectively the right of replacement, will be respected by “BOTANICAL EU TRADING” LTD only if, in addition to complying with the deadline for cancellation/replacement and return, the actual return of the product and/or its accessories and accessories in full, together with the receipt and/or invoice for the sale and the assumption of the return cost, the Buyer provides the return of the product/products in their original packaging, without signs of use, not damaged beyond what is typical, soiled, and the labels are intact.
Refund of the amount paid
Art. 30 (1) Upon exercising the right of cancellation and meeting the conditions for its respect, the Site is obliged to refund the price paid under the distance contract from which the Client has withdrawn, within 14 (fourteen) days from the date on which the latter returned the respective Product or from the date of providing proof of return by the Client, whichever occurs earlier. In the case of exercising the right of cancellation of a service order, the deadline for refunding the amounts paid by the Client is 14 (fourteen) days from the date of notifying the Seller of the right of cancellation.
(2) The amount to be refunded under para. 1 includes the price paid by the Client for the product.
(3) The Seller has the right to withhold from the value before the return a corresponding amount for the diminished value of the Product if damage occurs after the return, not due to its normal testing. The same applies if the commercial packaging is damaged in a way exceeding what is normal for testing the product and opening the package.
(4) The Seller also has the right to withhold from the value if the Client exercises the right to cancel a service at a time when its performance has begun and the Client has agreed to start the performance of the service before the right to cancel has expired.
(5) The amount will be refunded as follows, without incurring any additional costs for the Client, unless the bank servicing them requires any fees:
* Payments made by bank transfer – to a bank account provided by the Client;
* Payments made by debit or credit card – the amount will be refunded by reversing the transaction on the card used for payment within 14 (fourteen) days;
* Payments made by cash on delivery or by another method – to a bank account additionally provided by the Client;
* Payments on consumer loans – after the termination of the consumer credit agreement and the recalculation of the credit installments – usually to the bank account from which the amounts for the loan installments were received or by another means determined by the bank granting the loan.
(6) Upon exercising the right of replacement and meeting the conditions for its respect, the Site is obliged to replace the product with another within 14 (fourteen) days from the date on which the Buyer returned the respective Product or from the date of providing proof of return by the Client, whichever occurs earlier. If the Seller does not have the requested product and it is not available, the Seller offers the Buyer another product, and with the Buyer’s consent, the replacement is made with this other product, in case of a price difference between the two products, the parties agree on the method of additional payment/refund of the sale price that formed the difference. In case of disagreement, the Seller must refund the Buyer the amount paid for the product within the deadlines and conditions specified in the preceding paragraphs of this provision.
Goods/services for which the client has no right of cancellation and replacement
Art. 31 The Client has no right to cancel a concluded contract or request the replacement of a product with another in the following cases:
* for the provision of services where the service has been fully provided and its performance has begun with the explicit prior consent of the client and confirmation from their side that they are aware that they will lose their right to cancel once the contract is fully executed by the seller;
* for the delivery of goods or services whose price depends on fluctuations in the financial market that cannot be controlled by sellers and may occur during the cancellation period;
* for the delivery of goods made to the client’s specifications or clearly personalized;
* for the delivery of goods that are liable to deteriorate or expire rapidly;
* for the delivery of sealed goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
* for the delivery of goods that, after delivery and by their nature, are inseparably mixed with other items;
* for the delivery of sealed audio or video recordings or sealed computer software that were unsealed after delivery, as well as for those to which the user has made configurations or changes to the software of the product;
* for the provision of digital content that is not supplied on a tangible medium when the performance has begun with the express consent of the client who has confirmed that they are aware that they will lose their right to cancel this way;
* for the delivery of a product that is not produced on a mass scale, is not kept in stock, but is made individually and specifically for the client;
* for the delivery of a product that has been altered by the Client;
Art. 32 In cases where acceptance and performance of an order begin with the prior consent of the Client that they will lose their right to cancel, and upon receipt of a transfer (deposit) from the Client of an amount not less than 50% of the total amount of the Order, the Client automatically forfeits the advance payment in full.
Extract from the law regarding the right of withdrawal can be found HERE.
VIII. INTELLECTUAL PROPERTY
Art. 33. The entire content present on the Site, namely – the logo, along with the figures and text contained in it, inscriptions and images, the content of the General Terms and Conditions, are the property of “BOTANICAL EU TRADING” LTD or third parties from whom “BOTANICAL EU TRADING” LTD has obtained consent to reproduce.
Art. 34 “BOTANICAL EU TRADING” LTD reserves all its rights to intellectual property related in any way to the Site.
Art. 35 Certain products displayed on the Site have their own unique and distinctive design, owned by “BOTANICAL EU TRADING” LTD, which is subject to copyright and intellectual property.
Art. 36 Users can use the content of the site solely for the purposes of buying and selling. Using the content for other purposes, different from those outlined in the General Terms and Conditions, is considered a violation of the current General Terms and Conditions of the Site, as well as a violation of the intellectual property owned by “BOTANICAL EU TRADING” LTD.
Art. 37 Every product and service displayed and offered on the Site complies with European and national requirements related to the specific product/service.
Art. 38 (1) The Client may copy, transfer, and/or use the content only for personal non-commercial purposes and only in cases where this does not conflict with the provisions of this chapter of this document and has been expressly obtained in writing consent from “BOTANICAL EU TRADING” LTD.
(2) The Site allows owners of other sites and users to publish links to the online store only when the reference is clear and unambiguous.
(3) Copying texts from the Site, placing them on other websites and online stores without the written consent of “BOTANICAL EU TRADING” LTD or without citing the source by stating the following text: “Source: online store / specify the domain of our Site/”, where the link must lead to the online store.
IX ADVERTISING
Art. 39 Once the Client/User has created an account on the Site, they have the opportunity to express their consent to receive advertising messages. Consent to receive such messages can also be made by any person by filling out the subscription form on the Site, sending a message/letter to the addresses provided on the internet page, or by marking a specially designated consent to receive advertising.
Art. 40 The Client/User can opt out of receiving advertising messages at any time by using the special link in each advertising message, changing the settings in their account, or by contacting “BOTANICAL EU TRADING” LTD in any other way specified in these General Terms and on the Site.
Art. 41 Refusing to receive advertising messages does not automatically mean a refusal of the consent to conclude the current contract.
X PAYMENT
Art. 42 The prices of goods and services advertised on the Site are final and include VAT, as well as all other taxes and fees provided for in the current Bulgarian legislation. Orders from the site can be paid for in the following ways:
* in cash on delivery – in this case, the value of the ordered and delivered goods and/or services, including the value of the delivery (unless it is free), the Client is obliged to pay the full value at the time of delivery by the courier delivering the ordered goods, in accordance with the confirmed order.
* by bank transfer – in this case, the value of the ordered and delivered goods and/or services, including the value of the delivery (unless it is free), the Client is obliged to pay to the Seller’s bank account, specified in the generated invoice or on the Site, with the payment being considered completed only after it is confirmed and the corresponding amount is credited to the Seller’s bank account;
* by card/through a virtual POS terminal – in this case, the value of the ordered and delivered goods and/or services, including the value of the delivery (unless it is free), the Client is obliged to pay using the method specified on the Site, with the payment being considered completed only after the transaction is confirmed;
* through consumer credit (not applicable at the moment) – see the next Art. 45 of these Terms;
* via PayPal – this payment method requires prior registration in the PayPal system. If you choose this method of payment, you will be redirected to the PayPal system, where you must enter your email and password or register if you do not have one. Payment is considered completed only after the payment transaction is confirmed.
Art. 43 (1) The price, payment method, and payment deadline when issuing invoices are specified in each order. Orders for products offered on the Site valued over 5000 BGN will not be payable upon delivery but must be paid in advance by bank transfer or by credit card.
(2) The Seller will issue an invoice to the client for the ordered and delivered goods/provided services based on the information provided by the client/user. When the latter has not indicated a desire for an invoice, “BOTANICAL EU TRADING” LTD or the courier only provides a fiscal receipt for the sale when payment is made in cash.
Art. 44 The Client is required to provide all necessary information for issuing the invoice in accordance with current Bulgarian legislation, if required. This can be done when placing an order or later by sending a message to the Seller.
Art. 45 (1) A Client who wishes to purchase a product on installment through the online store and if this service is available on the Site should apply to a financial institution for a credit, indicated on the Site. This service may not be available for certain products or for a specific period.
(2) Only Clients for whose specific online order the possibility of a credit is indicated on the Site have the right to apply for a loan;
(3) The application is made: only online, through the Site and only through the Client’s registered account/profile on the Site, by clicking on the “Buy on credit” button, followed by the provided procedure available on the Site. The Client must fill out a form with their personal data in the specified fields and accept the general terms available on the Site.
(4) After successful application, the Client should receive a validation code confirmation from the credit institution, which will redirect them to the website of the respective credit institution, where the Terms for providing financial services at a distance apply.
(5) The conditions that the Client must meet to be granted a credit are determined unilaterally by the financial institution, according to its credit policy. The Seller does not participate in any way in the financing of the purchase, nor in any of the relationships related to the financing, including but not limited to determining the conditions for applying for credit, approval or rejection of credit, determining the terms and duration of the credit agreement, in case of non-performance – in taking the actions provided for by law related to enforcement, etc. The Seller is not a representative and does not act as an intermediary on behalf of any commercial bank.
(6) If the Client is approved for the credit, the Bank sends the corresponding notification to the Seller. The delivery of products purchased on installment through the Site is only made after the Seller has been duly informed by the financial institution that the candidate has been approved. The delivery period of the purchased product on installment is from 24 hours to 4 business days and starts from the moment the Seller receives the notification from the previous sentence and contacts the candidate.
Art. 46 To correctly prepare the invoice for the respective order, the client must continuously update the data in their account/order. They must review the information provided in the respective Order to ensure that it is complete, true, and accurate.
Art. 47 The website contains a large number of products, and despite our best efforts, some of the characteristics of the products listed on the website may be incorrect. If we find an error in the price of the products you have ordered, we will inform you as soon as possible. We will give you the opportunity to confirm your order at the correct price or to cancel it.
Art. 48 “BOTANICAL EU TRADING” LTD is not obliged to sell products or services at incorrectly determined prices on the website.
Art. 49 Some offers are subject to a maximum quantity that can be purchased by a single customer. If applicable, this is detailed in the individual offer.
XI. DELIVERY OF GOODS
Delivery method and delivery price
Art. 50 (1) The Seller undertakes to deliver the ordered and purchased goods either by themselves or through a courier company to the address specified by the User/Client or to the office of the courier company, depending on the choice of the Client. In cases of door-to-door delivery, the customer must specify the floor to which the products should be delivered in the address field in the electronic form on the Website designated for this purpose. Otherwise, the delivery will be made to the building specified as the delivery address.
(2) “BOTANICAL EU TRADING” EOOD usually sends the purchased goods by “Bulgarian Posts” or through a courier company “Econt”, “Speedy” or an equivalent one, with the delivery price calculated automatically before the Client completes their order, giving the Client the right in certain cases during the order to choose which courier company will make the delivery, as well as whether it will be to their office or to the door of the address specified by the Client.
(3) Payment for the delivery price is usually made together with the payment for the order price, with the timing of payment varying according to the payment method chosen by the Client, namely:
* for selected “Cash on Delivery” – upon receipt of the order against receipt of a cash receipt from the courier – keep this note;
* through bank transfer/PayPal – when choosing this payment method;
* with a card – when choosing this payment method;
(4) The Website will only deliver the goods and provide services within the territory of Bulgaria. In case the client’s account has more than one saved address, the delivery will be sent to the one designated as the primary. For deliveries to other countries in the European Union or to third countries, the Website offers its goods and services on other platforms suitable for this purpose, described in the appropriate language. If a User wishes for a specific product from the Website to be delivered to an address outside the territory of Bulgaria, they should contact “BOTANICAL EU TRADING” EOOD.
(5) The Website reserves the right to provide that the delivery price is not due from the Client in the case of an order over a certain value. This circumstance will be indicated on the site and during the order.
Delivery prices
For orders over BGN 60.00 with VAT – delivery is free for the entire country. For orders under BGN 60.00 with VAT – the delivery price depends on the size of the shipment, ranging from BGN 3.00 to BGN 10.00, depending on the chosen courier and delivery address. Upon completion of the order on the site, the Buyer will be informed of the courier fee, with the option to choose the courier company that will carry it out. The specified delivery times and conditions for deliveries from www.botanicalshop.bg apply only within the territory of the Republic of Bulgaria. Information regarding deliveries outside the country can be obtained from our team.
Delivery time
Art. 51 (1) The maximum delivery time for Orders is 7 working days from the date of confirmation by the Seller that the order will be fulfilled. The delivery time for goods ordered under credit or installment conditions is from 24 hours to 4 working days and starts from the moment the Seller receives notification of approval of the credit candidate and receives the funded amount for the products/services. The delivery time is extended accordingly with the number of non-working days for orders on Saturdays, Sundays, and during official holidays. In all cases, there may be delays in the specified delivery times, for which you will be promptly notified by “BOTANICAL EU TRADING” EOOD.
(2) Orders from www.botanical.bg are accepted 24 hours a day, including holidays and official holidays. Accepted orders are processed and sent by courier within 2-3 working days. The delivery time is about 4-5 days.
(3) “BOTANICAL EU TRADING” EOOD reserves the right to unilaterally extend the delivery period by up to 7 working days, without notifying you, and to extend the deadlines by more than 7 working days with your prior consent.
(4) “BOTANICAL EU TRADING” EOOD is not responsible for delayed delivery due to circumstances beyond its control, such as delays by the courier making the delivery.
(5) “BOTANICAL EU TRADING” EOOD has the right unilaterally to extend the delivery time or refuse delivery of goods in cases where the order is requested with payment by bank transfer, virtual POS/card, and the payment has not been credited to the Seller’s account.
Other important information
The price to the Econt office is about 50% lower than to the customer’s address. For locations where there is no Econt office, a fuel and road conditions fee is charged. For an accurate calculation of the delivery cost, use the Delivery Price Calculator. Delivery to the address is carried out by a courier from 9:00 to 13:00; The courier may charge you an additional fee in certain cases, such as: * Delivery for a fixed hour from 10:30 a.m. to 5:30 p.m. (+/- 30 min.) is charged additionally + BGN 2.40; * Delivery of a shipment to the address on Saturday is charged additionally + BGN 2.40; * Instructions to change the recipient’s name, change the delivery time, change the address or office – are charged additionally, according to the Instructions Service Tariff; * SMS notification of receiving a shipment is charged additionally + BGN 0.18; bag; For delivery to an ECONTOMAT, the shipment is WITHOUT the possibility of inspection and WITHOUT declared value. Any damages to it are the customer’s responsibility. For delivery prices through Speedy, you can use the Speedy Delivery Price Calculator. All our shipments allow for inspection of the contents before payment. Therefore, inspect your shipments in front of the courier. Only this way can you be compensated in case of damage to the shipment.
Inspection for defects upon delivery
Art. 52 (1) When delivering Goods ordered from the Website, the Client is obliged to carefully inspect them personally or through a third party authorized by them accepting the same. (2) In case of identifying external visible defects – possible damages, impacts, and other damages found during delivery, the Client or the third party should sign a damage protocol in the presence of the courier, describing the identified defects, and within 48 hours of delivery, notify “BOTANICAL EU TRADING” EOOD of the identified issues. (3) When the delivered goods do not correspond to the ones ordered by the Client and this can be detected during a normal inspection of the delivered goods, you have the right within 48 hours to request “BOTANICAL EU TRADING” EOOD to replace the delivered goods with those corresponding to the declaration you made for purchasing the goods. The notification can be made in any way listed in Section II of these General Terms and Conditions or on the Website. (4) Upon receipt of a notification under the previous paragraphs, the Seller will replace the damaged/non-corresponding goods within 3 (three) working days, except in cases where the same type of goods is not available, in which case “BOTANICAL EU TRADING” EOOD will inform you promptly.
Acceptance of the shipment
Art. 53 (1) In accepting the delivery from the Client without comments, any subsequent claims for external visible defects of the received goods are considered unfounded and should not be satisfied. In case a damage protocol was not drawn up and signed in the presence of the courier upon receiving the goods and/or the Client did not notify “BOTANICAL EU TRADING” EOOD promptly within 48 hours of delivery, the Client loses the right to claim the identified external visible defects in accordance with the sales contract.
Unjustified refusal of the order
Art. 56 (1) If the Client is not found at the address provided by them within the specified delivery period and/or access to the delivery address is not provided, “BOTANICAL EU TRADING” EOOD will consider this an unjustified refusal of the order and will be released from its obligation to deliver the requested goods, and the Client loses the opportunity for the ordered goods to be delivered. (2) “”BOTANICAL EU TRADING”” EOOD reserves the right to send an electronic or physical notification of an unclaimed shipment to the address provided by the Client and to claim the paid amount for delivery and return of the goods. The Seller and the Client agree that the notification, when sent electronically, will be considered written and received from the day it was sent by the Seller. (3) In the above cases, the Client may confirm their desire to receive the goods after the delivery period has expired, in which they were not found at the address, but will bear all costs for the subsequent delivery. In this case, a new delivery period starts from the confirmation. The Seller is released from the delivery obligation in case the ordered goods are no longer available. (4) In cases under Art. 56, para. 2, the Client owes the Seller payment of the amount for delivery and return of the goods from the day indicated in the notification.
WARRANTIES. RIGHT TO CLAIM
Attention! Claims for goods beyond the expiration date (shelf life) and/or beyond the “Best before” date indicated on the product packaging are not accepted.
Non-compliance of the goods with the contract. Legal warranty
Art. 58 (1) The Seller offers all goods on the Website with a legal warranty for compliance of the goods with the contract in accordance with the applicable legislation. A good complies with the contract when it has the usual quality, functionality, and purpose for this type of product. (2) Any non-compliance of consumer goods with the sales contract that occurs within 6 months after the delivery of the goods is considered to have existed at the time of delivery, unless it is proven that the non-compliance is due to other reasons for which the Seller is not responsible. For the period after the 6-month period, the Seller must prove that the cause of the defect is the responsibility of the Seller. This applies exclusively to phone batteries. (3) The warranty covers the hardware components of the product as initially delivered and does not cover or partially covers the following items; Software, additional elements such as accessories (charger and cables), even if they are in the package or sold together with the product. The warranty covers the labor and possible replacement with functionally equivalent components.
Claim
Art. 60 (1) The customer has the right within the deadlines specified in Art. 61, to file a claim with the Seller for any non-conformity of the goods with the agreed / ordered, when discrepancies with the Contract of Sale are found after delivery, regardless of whether the manufacturer, importer, or Seller has provided a commercial warranty for the goods or service. A product/service corresponds to the order when it possesses the usual quality, functionality, and characteristics for the respective product.
(2) Bringing consumer goods into conformity with the Contract of Sale by the Seller is free of charge for the Customer. The Customer does not owe any expenses for the shipment of consumer goods or for materials and labor related to their repair, and does not suffer significant inconvenience.
(3) When filing a claim, the customer specifies the subject of the claim, the preferred way of satisfying the claim, the preferred method of contact;
(4) Filing a claim is not an obstacle to submitting a lawsuit.
(5) When submitting a claim, the customer must necessarily attach the documents on which the claim is based, namely:
* cash receipt or invoice;
* protocols, acts, or other documents establishing the non-conformity of the goods or service with the agreed upon;
* other documents establishing the claim on the basis and amount.
(6) The claim is submitted to “BOTANICAL EU TRADING” EOOD in one of the following ways at the Customer’s choice:
* by calling the contact phones of the Seller;
* in person at our store: Plovdiv, 4004, South district, Alexander Stamboliyski Blvd. 102
* via email to the Seller’s email address in free text;
* by letter with acknowledgment of receipt to the Seller’s address in free text;
by filling in and sending to the Seller a Standard Complaint Form as follows:
To “BOTANICAL EU TRADING” EOOD, with headquarters and management address: Plovdiv, 4004, South district, Alexander Stamboliyski Blvd. 102, email: sales@botanical.bg, tel. +359878515752
STANDARD COMPLAINT FORM
I hereby notify that I have found a discrepancy in the goods/services with the agreed upon.
Article: ……………………………/product type/item number/
Size: ………………………………./if applicable/
The goods were ordered on ……………… /date of the order/
The goods were received on ……………… /date of the delivery/
The goods were ordered by ……………… /customer’s full name/
city/town ………………………………/customer’s address/
Email and contact phone: …………………………
Has the product been used? – Yes/No………………/mark the correct one/
Has the product been installed? – Yes/No………………./mark the correct one/
Subject of the claim:
Preferred way of satisfaction for goods
/mark the choice/
1. I prefer free repair under Art. 113 and Art. 114 of the Consumer Protection Act.
2. I wish to exchange the product for another. I have ordered the wrong product.
3. The product was damaged during transport. I enclose a Damage Protocol.
4. I want a discount on the price of the product/service.
5. I want a voucher to use for a new order (valid for 2 years).
6. I want the service to be performed in accordance with the contract.
7. I want a refund of the amount paid for the product/service in the following way: …………………………………………………………………………………………………………..
indicate the method of refund, and in case of bank transfer, please provide a bank account
I enclose the following documents:
1. Cash receipt or invoice;
2. Protocols, acts, or other documents establishing the non-conformity of the goods or service with the agreed upon;
3. Other documents establishing the claim on the basis and amount.
(mark the desired option)
4. Warranty certificate
With this form, I declare that I am aware of and accept:
* The general terms and conditions of the company;
* The company’s security policy;
……………………………………….. …./Date/
……………………………………………../Client’s signature/
Sign only if you submit this form on paper.
Deadline for filing a claim
Art. 61 A claim for consumer goods/services can be filed within the following deadlines:
(1) up to 24 months from the delivery of the goods, but not later than two months from the establishment of the non-conformity with the agreed upon, unless the non-conformity is obvious, in which case the deadlines specified in para. 2 of this provision apply;
(2) within 48 hours of receiving the goods when the non-compliance is external, visible, and obvious and could have been detected during a specific inspection at the time or immediately after delivery;
(3) within 14 days of discovering the non-conformity of the service with the agreed upon;
(4) The deadline stops running during the time necessary to reach an agreement between the seller and the consumer to resolve the dispute.
The warranty period starts from the date of receiving the goods.
Art. 62 In cases where the claim is filed outside the Seller’s premises, the Customer must send the goods to the Seller’s address: Plovdiv, Alexander Stamboliyski Blvd. 102. The delivery is at the expense of the Seller, in case the Customer returns the product via Bulgarian Post. If another method is chosen (courier or other), the Seller is not responsible for the delivery costs.
Art. 63 If “BOTANICAL EU TRADING” EOOD has provided a commercial warranty for the goods, supplementing the legal warranty under Art. 58, and the term of the commercial warranty is longer than the deadlines for filing a claim described in Art. 61, para. 1 and para. 2, the claim can be filed until the expiration of the commercial warranty period.
Filing a complaint. Bringing into compliance
Article 64 (1) “BOTANICAL EU TRADING” Ltd. registers the complaint in the Complaints Register when a complaint is submitted, providing the Client with the complaint number and date, as well as information on which employee accepted it.
(2) Within 30 days of submitting the complaint, the Seller decides whether it is justified or not.
Article 65 In the case of justified complaints, the Seller brings the goods into compliance with the sales contract within the period set out in paragraph 2. The goods are brought into compliance with the contract free of charge in one of the following ways, at the Seller’s discretion based on the nature of the non-conformity:
(1) Repair of the goods – All repairs of products purchased from the Website are carried out in Bulgaria at service centers authorized by the company, using original or functionally equivalent parts imported directly from the manufacturer or another producer;
(2) Replacement of the goods with a new one of the same kind;
Article 66 (1) If any of the actions under Article 65, paragraph 1 and paragraph 2, are impossible or inappropriate due to reasons such as impossibility of repair due to excessive repair costs exceeding the value of the goods, or due to significant irreparable defects, or impossibility of replacement due to lack of product availability, the Seller refunds the amount paid by the Client for the goods and its delivery.
(2) The Seller is also obliged to refund the price of the Goods in the following cases:
* a product that has been repaired three times and within the period specified in Article 61, paragraph 1, shows non-conformity again;
* when no decision has been made on the complaint within the deadline under Article 64, paragraph 2 of these General Terms and Conditions;
Article 67 (1) If the goods are not repaired or replaced by the Seller within the deadline under Article 64, paragraph 2, the Client has the right to terminate the contract and receive a refund of the amount paid or request a reduction in the price of the goods.
(2) The Client cannot terminate the contract if the non-conformity of the consumer goods with the contract is insignificant.
(3) The Client has the right under paragraph 1 even when not satisfied with the resolution of the complaint by the Seller. The latter is obliged to satisfy the Client’s request when, after having satisfied three complaints by the Client through repairing the same product within the period specified in Article 61, paragraph 1, a subsequent non-conformity of the goods with the sales contract occurs.
(4) The Client cannot claim a refund of the amount paid or a reduction in the price of the goods when the merchant agrees to replace the consumer goods with a new one or repair the goods within one month of the customer’s complaint.
Unjustified complaint
Article 68. The complaint is unjustified and will not be considered when:
(1) it is submitted after the deadlines set out in Article 61, paragraph 1 and paragraph 2;
(2) one of the conditions in Article 59 is met;
(3) materials provided by the Client were used in the production of the Product, which, due to their quality, led to non-conformity of the finished product received from the materials;
(4) the Buyer has not provided the documents under Article 60, paragraph 5 and/or the product, accessories, components of the order;
(5) a repair has been attempted or carried out by an unauthorized person or service center not approved by the Seller;
(6) modification or change of technical specifications has been made without the knowledge and consent of the Seller and outside an authorized service center and/or in contradiction with these General Terms and Conditions;
(7) damages caused by the Client and/or a third party are present, for which the Seller is not responsible, as in cases where the defect is caused by other modules and devices used in conjunction with the warranty product;
(8) the physical integrity of the product and/or warranty stickers, seals, and factory labels aimed at preventing unauthorized interference have been violated;
(9) in cases of chemical, electrical, and/or other impacts unrelated to the normal operation of the product, as well as when the defect is caused by circumstances for which the Seller is not responsible – faults in the electrical network, electric shocks, lightning strikes, lack of grounding, mechanical deformations, natural disasters, failure to comply with the specified requirements for electrical power supply, damages caused by water or moisture;
(10) the complaint concerns a product not purchased from the website (e.g., you have indicated that the product was purchased from us, but you have sent us a different product);
(11) upon exercising a complaint and returning the product to satisfy the complaint, the Seller receives the product in poor condition, if the condition of the product clearly indicates that the Client has not taken proper care, misused, or mishandled the product, leading to the conclusion that the defect was caused by their fault (scratches, tears, crushing of the product and/or its components, signs of force applied to the product, dropping, crushing, etc.) – for example, you have returned a phone to us with visible signs of dropping and screen breakage, damage to the sensor, USB, or SIM card slot;
(12) the returned product (if it is a device) has had its IMEI removed or replaced, software tampered with;
(13) The defect concerns installation and software configuration – in these cases, the configuration service is chargeable;
(14) There is no non-conformity (see Article 59 of the General Terms and Conditions);
Article 69 (1) In the case of an unjustified complaint, the Seller informs the Client in writing of its decision and is released from the obligation to honor the complaint and bring the goods into compliance with the contract.
(2) Repair of products beyond the warranty period or within this period, but where the Seller’s obligation to bring the goods into compliance with the sales contract has been waived for any reason, is chargeable to the buyer and is performed within a period agreed upon by the parties.
Refer to the law regarding the right of complaint and legal guarantee HERE.
XIII. TRANSFER OF OWNERSHIP
Art. 70 (1) Ownership of the goods will be transferred from the Seller to the Customer upon their delivery and after payment has been made by the Customer.
(2) The delivery of the goods will be confirmed by the signature of the buyer on the transport document provided by the courier.
XIV. PUBLICATION OF COMMENTS. QUESTIONS AND ANSWERS
Art. 71 Writing comments, questions, and answers can be done by the Customer in the comments section. The statements written can be both positive and negative and must relate to the characteristics and use of a particular product or service.
Art. 72 Each Customer, at the time of publishing a comment/question/answer in the specified sections, must adhere to the following rules:
* Refer only to the characteristics and/or use of a specific product or service, avoiding information related to aspects that may change (e.g. price or promotional offers);
* Use only the Bulgarian language and write in Cyrillic. Words or expressions that are not Bulgarian but widely used in the respective field are allowed (e.g. mouse, notebook, plug and play);
* Use appropriate language, avoiding offensive or sensitive expressions that may affect the rights of third parties;
* Ensure that the information provided is realistic, correct, non-deceptive, and in compliance with applicable laws, including the rights of others – e.g. copyright, intellectual property rights, licensing rights, or other property rights, advertising rights, or privacy rights.
* Use this service only for communication or obtaining additional details about a specific product or service from the site, without making references to other companies that promote the sale and purchase of goods/services;
* Do not provide or request, in any way or form, personal data (contact information, delivery address or location, phone numbers, email addresses, personal and/or family names, etc.) or other information that may lead to the disclosure of such personal data;
* Do not publish information and/or details about URLs (links) from other sites that engage in the same or similar commercial activities as “BOTANICAL EU TRADING” Ltd.
* Do not insert comments/questions/answers containing promotional materials;
Art. 73 When a Customer reports that a comment/question or answer has inappropriate content, this content is carefully reviewed by “BOTANICAL EU TRADING” Ltd. to determine whether it violates the terms of use of the site. Published texts, photos, or videos are removed from the site only after verification by “BOTANICAL EU TRADING” Ltd.
Art. 74 If “BOTANICAL EU TRADING” Ltd. determines repeated violations of these terms of use, it reserves the right to restrict the customer’s ability to publish comments/questions and answers without being required to justify it.
XV. LIABILITY
Art. 75 The Seller is not liable for any damages suffered by the buyer as a result of force majeure circumstances or those beyond the control of the Seller.
XVI. PERSONAL DATA PROCESSING
Art. 76 (1) In accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) and Bulgarian legislation, “BOTANICAL EU TRADING” Ltd. is the Data Controller.
(2) “BOTANICAL EU TRADING” Ltd. adopts a Personal Data Security Policy and Cookie Policy, which every Customer whose personal data is processed by “BOTANICAL EU TRADING” Ltd. or to whom cookies apply should accept after becoming familiar with them.
Art. 77 By filling in the order form on the platform and providing personal data, including personal identification number (EGN) for the purpose of obtaining credit, the Customer expresses their consent for legal entities with whom they have a credit agreement regarding the offered Goods on credit (including BNP Paribas Personal Finance and “Unicredit Consumer Financing” EAD) to process their personal data for inquiries contained in the respective entity’s database.
Art. 78 The Customer’s personal data may be provided to the prosecution, police, judicial authorities, or other state bodies, based on and within the limits of legal provisions and following an explicit request from them.
XVII. APPLICABLE LAW – JURISDICTION
Art. 79 Disputes arising between “BOTANICAL EU TRADING” Ltd. and Customers and/or Users will be resolved by mutual agreement or, if not possible, disputes will be settled in accordance with Bulgarian legislation, unless the parties have agreed otherwise.
Art. 80 Individual clients can use the European Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/odr, which is a single access portal allowing consumers and traders in the EU to settle disputes that have arisen between them.
XVIII. CORRESPONDENCE BETWEEN PARTIES
Art. 81 The Seller and the Customer agree that the following are accepted for contact between the parties:
(1) For the Seller “BOTANICAL EU TRADING” Ltd., EIK 204312526, BG204312526 with headquarters and management address: Plovdiv, 4004, South District, 102 Aleksandar Stamboliyski Blvd., represented by Ilko Petkov:
– by phone: +359878515752;
– by email: sales@botanical.bg;
– by mail to the address: Plovdiv, 4004, South District, 102 Aleksandar Stamboliyski Blvd.
– through the contact form on the website;
(2) For the Buyer:
– by phone, as indicated by them in the Order/Correspondence;
– by email, as indicated by them in the Order/Correspondence;
– by mail to the address indicated by them in the Order/Correspondence as the delivery address;
Art. 82 Notifications and messages exchanged between the parties via email are considered in writing, and the parties give them the same effect as written documents.
XIX. REGULATORY BODIES
Art. 83 The regulatory bodies overseeing the activities of “BOTANICAL EU” Ltd. are the Commission for Consumer Protection (CCP) and the Commission for Personal Data Protection (CPDP), with the following coordinates: sales@botanical.bg