Art. 1. The current General Terms are intended to regulate the relationship between BOTANICAL EU TRADING LTD, Plovdiv, 102 “Alexander Stabolijski” Blvd., UIK 204312526, represented by Ilko Petkov Petkov, called shortly a PROVIDER, and the consumers, called below users of the electronic shop „www.botanical.bg”, called below “ONLINE SHOP”
II. PROVIDER’S DATA
Art. 2. Information regarding the Law for E-commerce and the Law for Consumer Protection:
- Name of the Provider: “BOTANICAL EU TRADING” LTD
- Registered office: Plovdiv, 102 “Alexander Stambolijski” Blvd.
- Address of professional activity: Plovdiv, 102 “Alexander Stambolijski” Blvd.
- Contact information: Plovdiv, 102 “Alexander Stambolijski” Blvd., Email: firstname.lastname@example.org, tel: +359 3118 23 61
- Entry in the public register: UIK 204312526
- Administrative certificate of the private data № …………………….
- Supervisory authorities:
- Commission for Private Data Protection
Address: Sofia, 15 “Ivan Evstatiev Geshov”, tel: (02) 940 20 46, fax: (02) 940 36 40
Email: email@example.com, firstname.lastname@example.org
- Commission for Consumers Protection
Address: 1000, Sofia, 4A “Slaveikov” square, fl. 3, 4 and 6; tel: 02 / 980 25 24, fax: 02 / 988 42 18
Hotline: 0700 111 22, Website: www.kzp.bg
Registration for the value-added tax № BG 115796508
III.FEATURES OF THE ONLINE SHOP
Art. 3. ONLINE SHOP is an electronic shop which could be accessed at www.botanical.bg, and the Users have the opportunity to sign sale/purchase contracts and delivery of the offered in the ONLINE SHOP products, including:
- To register and create an account in the ONLINE SHOP, as well as use the additional services to provide information;
- To have online comments in relation to the signing and execution of the contracts with the ONLINE SHOP through the interface of the page ONLINE SHOP, that could be accessed on the Internet;
- To sign sale/purchase contracts and the delivery of the offered in the ONLINE SHOP products;
- To complete payments in relation to the signed contracts with the ONLINE SHOP, in accordance to the available payment methods in the ONLINE SHOP;
- To receive information for new products, offered in the ONLINE SHOP;
- To view the products, their characteristics, prices, and terms of delivery;
- To be informed about their legal rights, through the interface of the page ONLINE SHOP on the Internet;
Art. 4. The provider delivers the products and guarantees the rights of the Users, according to law, in conjunction with the fairness, which is a part of the practice, the consumer and the commercial law, criteria, and conditions.
Art. 5. (1) The Users sign a sale/purchase contract for the products offered in the ONLINE SHOP through the interface of the Provider that could be accessed on his page on the Internet on www.botanical.bg or through another means of online communication.
(2) In relation to the signed contract with the Users for a sale/purchase of products, the Provider is required to deliver and provide ownership of the specified in the interface products.
(3) The Users pay to the Provider a remuneration for the delivered products in accordance with the terms, defined by the ONLINE SHOP and the current General Terms. The remuneration equals the price, stated by the Provider at the address of the ONLINE SHOP on the Internet.
(4) The Provider delivers the ordered from the Users products within the period and the terms, defined by the Provider on the page of the online shop and in accordance with the current GENERAL TERMS.
(5) The price of the delivery is defined separately and specifically from the price of the products.
Art. 6. (1) The User and the Provider agree that all statements between them in relation to signing and execution of the sale/purchase contract could be completed electronically and through electronic statements in accordance to the Law for Electronic documents and electronic signature and Art.11 of the Law for E-commerce.
(2) It is implied that the electronic statements are made by the Users, specified in the information, provided from the User in the event of the registration if the User has completed the respective name and password information.
V.USAGE OF THE ONLINE SHOP
Art. 7. (1) To use the ONLINE SHOP for signing sale/purchase contracts for products, the User is required to input the chosen by him/her name and password for online access in the event of the registration.
(2) The name and the password for online access are defined by the User through the online registration on the website of the Provider.
(3) When you complete the required information and you press the button “BUY” and “REGISTRATION”, the User declares that he/she is familiar with these GENERAL TERMS, agrees with them and is obliged to follow them unconditionally.
(4) The Provider confirms the completed by the User registration, through sending an email at the provided by the User electronic address, at which we also send information for activation of the registration.
The User confirms the registration and signature of the contract through an online link in the email that informs him/her about the completed registration, sent by the Provider. After the confirmation, the User’s account is created and between him and the Provider are established contract terms.
(5) When executing the registration the User is obliged to provide correct and current information. The User should instantly update the data, provided during the registration if any changes occur.
(6) In case that for the registration of the User is used a social media account or another online media account, the main responsibility as part of the contract is held by the person, who is the owner of the respective online media account. In this case, the Provider has the right to access the information, needed for the identification of the User in the respective social or other online media.
Art. 8. (1) The email address, provided in the initial registration of the User, as well as any other electronic address, used for the exchange of statements between the User and the Provider is the “Main online address” in relation to these General Terms. The User has the only right to change his Main contact online address.
(2) When there is a request to change the Main contact online address, the Provider sends an email of confirmation for the change. The request for confirmation is sent from the Provider to the provided from the User, Main contact online address.
(3) The change of the Main contact online address is completed after a confirmation from the User, expressed through a link which contains the request of confirmation, sent from the Provider to the provided from the User Main contact online address.
(4) The Provider informs the User for any change through an email, sent to the provided by the User, Main online contact address before the completion of the change in accordance with subparagraph 2.
(5) The Provider doesn’t have a responsibility to the User for any unauthorized change of the Main contact online address.
(6) The Provider could require the User to use the Main Online contact email address in specific cases.
VI. TECHNICAL STEPS TO SIGN A SALES-PURCHASE CONTRACT
Art. 9. (1) The Users mainly use the interface of the page of the Provider to sign sale/purchase contracts of the offered by the Provider products in the ONLINE SHOP.
(2) The contract is signed in Bulgarian or English language.
(3) The contract between the Provider and the User is represented by the current GENERAL TERMS that could be accessed at www.botanical.bg.
(4) A part of the contract with the Provider is the User, in accordance with the information, provided in the event of the registration, contained in the personal account of the User. To avoid any mistake this is the information provided by the User when the account is created.
(5) The Provider will include technical tools from the interface of its Internet page to help find and correct mistakes when information is submitted before the contract is signed.
(6) This contract is considered assigned at the moment when a registration of a User is completed by the Provider. The sale/purchase contract of products is considered to be signed at the moment of confirmation by the User through the interface of the Provider.
(7) When this contract is signed and when the sale/purchase contract is signed, the Provider is required to inform the User through respective electronic means.
(8) The information about signing the contract and the confirmation of its receipt are considered as received when the Users have the opportunity to access them.
(9) The Provider delivers the products at the address given by the Users and is not responsible for the products in case that the given address information is incorrect or misleading.
Art. 10. The Users sign the sales-purchase contract with the Provider following these steps:
(1) Completion of registration in the ONLINE SHOP or providing the necessary information if the User hasn’t got a registration in the ONLINE SHOP, yet;
(2) Entering the online orders’ system in the ONLINE SHOP through the identification with name and password or providing the necessary information if the User hasn’t got a registration in the ONLINE SHOP, yet;
(3) Choosing one or more of the offered products in the ONLINE SHOP and adding them to the list with products to be purchased.
(4) Providing information to complete the order.
(5) Choosing the type and moment of payment
(6) Confirming the order;
VII. SPECIAL RESPONSIBILITIES OF THE PROVIDER. CONSUMER PROTECTION
Art. 11. The rules from the current section VI from these General Terms are applied to Users, according to the information provided when the sale/purchase contract is signed or when a registration is completed at the ONLINE SHOP are considered as consumers, according to the Law for consumer protection, Law for E-commerce and/ or 97/7EO Directive from the European Parliament and the Commission from May 20th 1997 related to the Consumer Protection in the electronic contracts.
Art. 12. (1) The main characteristics of the products, offered by the Provider are specified in the product profile at the website of the ONLINE SHOP.
(2) The price of the products, including all taxes is determined by the Provider in the profile of every product on the website of the ONLINE SHOP.
(3) The cost for the postage and the delivery costs that are not included in the price of the products is determined by the Provider and is given as information during one of the following instances before signing the contract:
– In the profile of each one of the products on the website of the Provider of the ONLINE SHOP
– When choosing the products before signing the sale/purchase contract;
(4) The payment method, delivery, and execution of the contract are defined in the current General Terms, as well as the information, provided to the User on the website of the Provider.
(5) The information, provided by the Users, according to this article is correct at the time of its visualization on the website of the Provider of the ONLINE SHOP before signing the sale/purchase contract.
(6) The Provider is obliged to provide the information and terms about the delivery of all the products in the website of the ONLINE SHOP.
(7) The provider informs the User before signing the contract the full value of the order for all products that it includes.
Art. 13 (1) The User agrees that the Provider has the right to take payments in advance for the signed sale/purchase contracts for products and their delivery.
(2) The User chooses if he/ she wants to pay the delivery cost of the products, before or at the time of the delivery.
Art. 14. (1) The User has the right to cancel the signed contract within 7 working days, considered from the date when the product is received, without the need to pay compensation or to give a reason for this.
(2) The right to cancel, according to paragraph 1 is not applicable in the following cases:
– For the delivery of products and services, which price depends on the fluctuations of the financial markets which aren’t under the control of the Provider;
– For the delivery of products, designed according to the requirements of the consumer or his/her individual order;
– For the delivery of products which due to the materials and substances they contain could not be returned, could get spoilt easily or if there is a danger of losing their quality characteristics, including perfumes and cosmetic products;
– For the delivery of audio- and video recordings or software products, printed by the User;
– For the delivery of newspapers, magazines and other periodical issues.
(3) When the Provider has not completed his/her responsibilities for the delivery of information, defined in Art. 54 in the Law for Consumer Protection, the User has the right to cancel the signed contract within three months, from the day the product is received. When the information in this paragraph has been provided to the User during the cancellation period, this period starts from the date when it has been provided.
(4) In case the User uses its right to cancel according to paragraph 1, the Provider is obliged to recover the full paid amount by the User within a 30 days period from the date the User has used its right to cancel the signed contract. From the amount which the User has paid, according to the contract are deducted only the expenses for the product return. Except for the cases when the User has returned the product (s) for his/ her own expense and has informed the Provider about that.
(5) The User is obliged to keep the received products in good quality during the period, mentioned in Paragraph 1.
(6) In case the payment is made through a debit/credit card, the refund is done through a reverse operation order to the card which was used to complete the payment within the period of 10 days.
Art.15. (1) The period for the delivery of the product and the first moment that it is accepted is defined specifically for each product when the contract is signed by the User through the website of the Provider of the ONLINE SHOP, except from the products that are delivered through one order.
(2) In case the User and the Provider have not defined a fixed delivery period, the delivery will be executed within 30 days from the date when the User has sent his/her order to the Provider through the website of the Provider, ONLINE SHOP.
(3) If the Provider could not complete the order, due to the fact that he is out of stock, the Provider is obliged to inform the User and refund the paid amount within 30 days from the date the Provider should have executed his responsibility based on the signed contract.
(4) In the cases, based on Paragraph 3, the Provider has the right to deliver the products with the same quality and price. The Provider informs the User electronically about the change in the execution of the contract.
(5) In the cases of execution of your right to cancel an order, according to Paragraph 4, the expense for the return of the products is the responsibility of the Provider.
Art.16. (1) The Provider delivers the order to the User after a confirmation of fulfilling the requirements and the circumstances in Art. 61 from the Law for Consumer Protection.
(2) The User and the Provider confirm the circumstances according to paragraph 1 in writing at the moment of delivery through their own signature, except the cases that another means is agreed.
(3) The User and the Provider agree that the requirements, according to paragraph 1 and Art.61 in the Law for Consumer Protection will be followed if the confirmation is done by a person who is considered to be able to give the information to the User, who is one of the sides in the contract.
VII. OTHER CIRCUMSTANCES
Art. 17 (1) The Provider delivers the product to the User within the defined period, given when the contract is signed.
(2) If the period in Art. 1 is not confirmed between both parties at the time the contract is signed, the Provider delivers the product within a sensible period of time, which is not longer than 2 months.
Art. 18. The User has to check the product at the moment of delivery, and if it doesn’t comply with the requirements to inform the Provider about this, immediately.
VIII. PERSONAL DATA PROTECTION
Art. 19. (1) The Provider takes all necessary measures to protect the personal information of the User, according to the Law for Data Protection.
(2) In order to comply with the Data Protection of the Users, the Provider will send the information via the email address (only) which has been given by the Users at the moment of the registration.
(3) The Provider accepts and declares at the site its Personal Data Protection policy, which is available at www.botanical.bg.
Art. 20. (1) At any given time the Provider has the right to require from the User to legitimize himself/ herself and prove the authenticity of any of the provided during the registration circumstances and personal information.
(2) In case that for any reason the User has forgotten or lost his name and password, the Provider has the right to apply the provided “Policy for forgotten or lost names and passwords”, which could be accessed at www.botanical.bg.
IX. CHANGES AND ACCESS TO THE GENERAL TERMS
Art 21. (1) The current General Terms could be changed by the Provider. For any change, the Provider will inform all Users of the ONLINE SHOP, who have a registration, in an appropriate manner.
(2)The Provider and the User agree that all amendments and annexes in these General terms will be followed by an action towards the User, after he/she is informed by the Provider and if the User doesn’t declare within the 14 days period that he/she refuses to them.
(3) The User agrees that all statements of the Provider in relation to changes of these General Terms will be sent to the email address, provided by the User at the moment of the registration. The User agrees that the email messages, sent according to this article are not required to be signed with an electronic signature in order to be legitimate.
Art 22. The Provider posts these General Terms at www.botanical.bg, as well as all amendments and additions to them.
Art. 23. The current General Terms and the contract of the User with the Provider are ceased in the following cases:
- in case of termination or declaration of bankruptcy of one of the two sides of the contract;
- with a mutual agreement of both sides, confirmed in writing;
- unilateral with an advance notice from any of both sides in case of failure to complete the responsibilities of the other side;
- in case of objective inability of one of both parties, based on the contract to comply with their obligations;
- in case of seizure or sealing of the facilities by the public authorities;
- in case of deletion of the User’s registration in the website ONLINE SHOP, the signed but breached sale-purchase contracts remain active and must be executed;
- In case the User uses it right to decline, based on Art. 55, paragraph 1 in the Law for Data Protection.
XI. OTHER CONDITIONS
Art. 24. A specific invalidity of some of the conditions of these General Terms will not lead to invalidity of the full contract.
Art. 25. For all issues that are not related to the execution and understanding of this contract are applicable the laws in the Republic of Bulgaria.
Чл. 26. All debates between the parties of this contract will be solved by the respective authority or the Consumer Protection Commission.
Чл. 27. The current General terms become active for all Users of www.botanical.bg