General conditions for users when using services and content provided through the website https://mama-derm.com
Art. 1. These general terms and conditions are intended to regulate relations between "Mama Derm" EOOD, EIK 206779795, with headquarters and management address: Sofia, Studentski district, 25 Kliment Ohridski Blvd., Sofia region (capital) common Stolichka, hereinafter referred to for short as SUPPLIER, and the customers, hereinafter referred to as USERS, of the mama-derm.com e-commerce Platform, hereinafter referred to as the PLATFORM.
II. DATA ABOUT THE SUPPLIER Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
Name of the Supplier: "Mama Derm" EOOD, EIC 206779795. Headquarters and address of management: city of Sofia, Studentski district, 25 Kliment Ohridski Blvd., Sofia district (capital) municipality. capital,
Address for exercising the activity and address for submitting complaints from users: city of Sofia, Studentski district, 25 "Kliment Ohridski" Blvd., Sofia district (capital) commune. capital,
Correspondence information: city of Sofia, Studentski district, 25 Kliment Ohridski Blvd., Sofia region (capital) commune. Stolichna, Entry in public registers: EIK 206779795.
(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: email@example.com, firstname.lastname@example.org Website: www.cpdp.bg
(2) Commission for Consumer Protection Address: 1000 Sofia, "Slaveikov" square #4A, floors 3, 4 and 6, phone: 02 / 980 25 24 fax: 02 / 988 42 18 hotline: 0700 111 22 Website: www.kzp.bg III.
CHARACTERISTICS OF THE PLATFORM Art. 3. Mama-derm.com is an e-commerce platform available at an Internet address https://mama-derm.com, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier on the Platform, including the following:
- To register and create a profile for viewing the Provider's electronic store and using the additional services for providing information;
- To review the goods, their characteristics, prices and terms of delivery;
- To enter into contracts with the Supplier for the purchase and sale and delivery of the goods offered by the Platform
- To make any payments in connection with the concluded contracts through the Electronic means of payment Platform.
- To receive information about new goods offered by the Supplier on the Platform
- To make electronic statements in connection with the conclusion or execution of contracts with the Provider 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. 4. The Supplier in the Platform organizes the delivery of the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions. Art. 5. (1) Users enter into a contract with the Supplier on the Platform for the purchase and sale of the goods, at https://mama-derm.com The contract is concluded in Bulgarian and is stored in the database of the Supplier in the Platform. (2) Pursuant to the contract concluded with the Users for the purchase and sale of goods, the Supplier in the Platform. undertakes to organize the delivery and transfer of the User's property to those specified by him through the interface in The goods platform. Users have the right to correct errors when entering information no later than submitting the statement to conclude the contract with the Provider on the Platform. (3) Users shall pay the Platform Provider remuneration for the delivered goods according to the conditions set out in the Platform and these general terms and conditions. The remuneration is equal to the price announced on the Platform. Art. 6. (1) The User and the Provider in the Platform. agree that all statements between them in connection with the conclusion and execution of the sales contract can be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act. (2) It is assumed that the electronic statements made by the Users of the site were made by the persons indicated in the data provided by the User during registration, if the User has entered the corresponding name and password for access.
REGISTRATION TO USE THE PLATFORM
Art. 7. (1) In order to use the Platform for concluding contracts for the purchase and sale of goods, the User should enter a name and password chosen by him for remote access or authenticate himself through his Facebook or Google account, which is considered, that he has accepted these terms and conditions.
(2) The name and password for remote access are determined by the User, by performing an online registration on the Provider's website in the Platform, in accordance with the procedure specified therein. Users have the opportunity to place orders for the delivery of goods and a profile from the social networks Facebook and Google.
(3) By filling in his data in the user basket and pressing the "Complete order" button, the User declares that he is familiar with these general terms and conditions, agrees with their content and undertakes to abide by them unconditionally.
(4) The Supplier confirms the order made by the User by e-mail. An account of the User is created and contractual relations arise between him and the Provider.
(5) When registering or placing an order, the User undertakes to provide correct and up-to-date data. The user undertakes to promptly update the data specified in his registration or order in the event of a change.
TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE-SALE AGREEMENT
Art. 8. (1) Users primarily use the interface of the Provider's page on the Platform to enter into contracts for the purchase and sale of the goods offered by the Providers on the Platform. (2) In cases of ordering goods without registration by the User, the latter accepts these general conditions at the time of delivery. It is considered that the User has accepted these general conditions by accepting the delivery of the goods. Art. 9. Users conclude the contract for the purchase and sale of the goods on the Platform. according to the following procedure: (1) Entering the system for placing orders in the Platform. (2) Selecting one or more of the goods offered by the Supplier on the Platform and adding them to a list of goods for purchase. (3) Provision of the necessary data for the identification of the User as a party to the contract. (4) Provision of delivery data; (5) Choice of method and moment of payment of the price. (6) Order Confirmation;
CONTENTS OF THE AGREEMENT
Art. 10. (1) The Supplier and the Users conclude separate contracts for the purchase and sale of the goods requested by the Users, regardless of the fact that they are selected with one electronic statement and from one list of goods for purchase. (2) The supplier may organize together and simultaneously the delivery of the goods ordered with the separate sales contracts.
(3) The rights of the Users in relation to the delivered goods are exercised separately for each purchase and sale contract. The exercise of rights in relation to a delivered good does not affect and has no effect in relation to the contracts for the purchase and sale of the other goods. In case of The user has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract for the purchase and sale of a certain product does not affect the contracts for the purchase and sale of other goods delivered to the user. Art. 11. When exercising the rights under the sales contract, the User is obliged to specify precisely and unequivocally the contract and the goods in respect of which he exercises the rights. Art. 12. The user can pay the price for the individual sales contracts at once when placing the order for the goods or upon their delivery.
VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE QUALITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT
Art. 13. The rules of this section VII of these general terms and conditions apply only to Users for whom, according to the data specified for the conclusion of the sales contract, it can be concluded that they are Users within the meaning of the Consumer Protection Act, the Act on electronic commerce and/or Directive 2011/83/EC of the European Parliament and of the Council of October 25, 2011.
Art. 14. (1) The main characteristics of the goods offered by the Supplier on the Platform are defined in the profile of each product on the Platform (2) The price of the goods including all taxes and fees is determined by the Supplier on the Platform in the profile of each product on the Platform. (3) The value of the postal or transport costs, not included in the price of the goods, is determined by the Supplier in the Platform and is provided as information to the Users when selecting the goods for concluding the purchase and sale contract; (4) The methods of payment, delivery and performance of the contract are determined in the present general conditions and the information provided to the User through the mechanisms in the Platform. (5) The information provided to the Users under this article is current at the time of its visualization on the Platform before the conclusion of the purchase and sale contract. (6) Users agree that all information required by the Consumer Protection Act can be provided through the Platform interface. or e-mail.
Art. 15. (1) The User agrees that the providers in the Platform. have the right to accept advance payment for the contracts concluded with the User for the purchase and sale of goods and their delivery. (2) The User chooses independently whether to pay the Supplier in the Platform the price for delivery of the goods before or at the time of their delivery. (3) In the event that the value of the User's order is equal to or exceeds BGN 15,000, payment shall be made only by transfer or payment to the Supplier's payment account.
Art. 16. (1) The User has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by the Supplier through the single form for withdrawal from the contract, available on the Provider's website on the Platform at mama-derm.com and in Appendix No. 1 to these general terms and conditions. Information on exercising the right of withdrawal is available at mama-derm.com and in Appendix No. 2 to these general terms and conditions. (2) The right of refusal under para. 1 does not apply in the following cases:
PROTECTION OF PERSONAL DATA
(3) When the provider in the Platform has not fulfilled its obligations to provide information, defined in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of up to one year and 14 days, starting 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 Provider through the single contract opt-out form available on the Provider's website in the Platform at Appendix No. 1 to these general terms and conditions. (4) When the User has exercised his right of withdrawal from the contract at a distance or from the contract outside the commercial premises, the Supplier shall refund all sums received from the user, including delivery costs, without undue delay and no later than 14 days, starting from the date on which he was notified of the user's decision to withdraw from the contract. The provider 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. (5) When exercising the right of refusal, the costs of returning the delivered goods are deducted from the refund amounts under para. 4, except in cases where the consumer organizes the return of the goods himself and at his own expense. The Supplier has no obligation to reimburse the additional costs of delivery of the goods when the user has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier. (6) The User undertakes to store the goods received from the Supplier in the Platform and to ensure the preservation of their quality and safety during the period under para. 1. (7) The User may exercise his right to withdraw from the contract with the Supplier by making a written statement to the Supplier through the standard contract withdrawal form available on the Platform and in Appendix No. 1 to these general terms and conditions. (8) When the supplier on the Platform has not offered to collect the goods himself, he may withhold payment of the sums to the User until he receives the goods or until the user provides proof that he has sent the goods back, depending on which of the two happened earlier. (10) Regardless of the above hypotheses, 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 the case of a damaged commercial appearance of the goods, the Supplier has the right, at its discretion, to refuse to accept a withdrawal from the contract or to charge the User the costs of restoring the goods in a commercial appearance. (11) In the case of exercising the right of withdrawal under this article, it is considered that the User has also exercised the right of withdrawal in relation to the bonus content belonging to the goods.
Art. 17. (1) The term of delivery of the goods is determined for each good separately when concluding the contract with the user through the Supplier's website on the Platform. (2) In the event that the User and the Supplier in the Platform have not determined a delivery time, the delivery time for the goods is 30 calendar days, calculated from the date following the sending of the User's order to the Supplier through the Supplier's website in the Platform. (3) If the Supplier in the Platform cannot fulfill the contract due to the fact that he does not have the ordered goods, he is obliged to notify the User of this and to refund the amounts paid by him.
Art. 18. The Provider in the Platform undertakes to comply with all requirements established in the Bulgarian legislation regarding the labeling, advertising and sale of nutritional supplements.
VIII. PERFORMANCE OF AGREEMENT
Art. 19. (1) The Supplier in the Platform can organize the delivery and handing over of the goods to the User by a relevant courier within the time limit specified at the conclusion of the contract. (2) If the term under para. 1 is not expressly agreed between the parties at the conclusion of the contract, the Supplier organizes the delivery and handover within a reasonable time.
Art. 20. (1) The User must inspect the goods at the time of delivery and handover and, if they do not meet the requirements, immediately notify the Supplier on the Platform. (2) If the User does not notify the Provider in the Platform according to para. 1 the goods are considered to be approved as conforming to the requirements except for hidden defects.
Art. 21. The Supplier in the Platform does not undertake to provide the necessary service for the goods.
Art. 22. For cases not regulated in this section, the commercial sale rules defined in the Commercial Law and the Consumer Protection Law shall apply.
Art. 23. (1) The Platform Provider takes measures to protect the User's personal data in accordance with the Personal Data Protection Act. (2) For reasons of security of the Users' personal data, the Provider in the Platform will send the data only to the e-mail address that was specified by the Users at the time of registration. (3) The Provider in the Platform has the right to store data in the final communication device of the User, unless the latter expressly expresses his disagreement to this. (4) The User or the User agrees that the Platform Provider has the right to send electronic messages to the User or the User at any time, including a newsletter or offers for the purchase of goods, as long as the User or the User is registered in the Provider's electronic store in the Platform (5) the User or User agrees that the Platform Provider has the right to collect, store and process data on the User's or User's behavior when using the Provider's online store on the Platform.
Art. 24. (1) At any moment, the Provider in the Platform has the right to require the User to identify himself and to certify the reliability of each of the circumstances and personal data announced during registration.
AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
Art. 25. (1) These general conditions may be amended by the Platform Provider, of which the latter will notify all registered Users in an appropriate manner. (2) The Provider in the Platform and the User agree that any addition and amendment to these general terms and conditions will be effective against the User in one of the following cases: A) after the Provider has expressly notified him in the Platform and if the User does not state in the provided 14 -day period for rejecting them; or B) after their publication on the Provider's website on the Platform and if the User does not state within 14 days of their publication that he rejects them; C) with its explicit acceptance by the User through his profile on the Provider's website on the Platform (3) The User agrees that all statements of the Provider on the Platform, in connection with the amendment of these general conditions will be sent to the e-mail address specified by the User, upon registration. 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. 26. The Provider publishes these general terms and conditions at mama-derm.com together with all additions and amendments to them.
Art. 27. These general conditions and the User's contract with the Provider in the Platform are terminated in the following cases:
- upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
- by mutual agreement of the parties in writing;
- in case of objective inability of one of the parties to the contract to fulfill its obligations;
- when the equipment is seized or sealed by state authorities;
- in the case of deletion of the User's registration in the Platform In this case, the concluded but unfulfilled sales contracts remain in force and are subject to execution;
Art. 28. The Provider has the right at its discretion, without giving notice and without paying compensation, to unilaterally terminate the contract, in case it finds that the User uses the Platform in violation of these general conditions, the legislation in the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and e-commerce practice.
Art. 29. The User undertakes to indemnify and indemnify the providers in the Platform and the Provider from legal claims and other claims of third parties (regardless of whether they are justified or not), for all damages and costs (including attorney's fees and court costs). , arising out of or in connection with (1) failure to perform any of the obligations under this Agreement, (2) infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights, (3) wrongful transfer to others of the rights , provided to the User, for the term and under the terms of the contract and (4) falsely declaring the presence or absence of the quality of user within the meaning of the Consumer Protection Act.
Art. 30. The provider is not responsible in case of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.
Art. 31. (1) The Provider is not responsible for damages caused by the User to third parties. (2) The Provider is not responsible for property or non-property damages, expressed in lost benefits or suffered damages, caused to the User in the process of using or not using mama-derm.com and concluding sales contracts with the Provider. (3) The Provider is not responsible for the time during which the Platform was not available due to force majeure. (4) The Provider is not responsible for damages from comments, opinions and publications under the products, news and articles on the Platform
Art. 32. (1) The supplier is not responsible in case of overcoming the security measures of the technical equipment and this results in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences. (2) The Supplier shall not be liable in the event of the conclusion of a contract for purchase and sale, provision of access to information, loss or change of data occurring as a result of false identification of a third party who presents himself as the User, if the circumstances can believes that this person is the User.
XIII. OTHER TERMS
Art. 33. (1) The User and the Provider in the Platform 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. (2) The User and the Supplier 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. 34. In the event of a conflict between these general terms and conditions and provisions in a special contract between the Provider in the Platform and the User, the clauses of the special contract shall prevail. Art. 35. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.
Art. 36. 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. 37. These general conditions enter into force for all Users on 09.01.2017. Appendix No. 1 - Standard form for exercising the right to withdraw from the contract
Standard form for exercising the right to withdraw from the contract:
(complete and send this form only if you wish to withdraw from the contract)
- To (Merchant's name, geographic address and where applicable, fax number and email address to be filled in by the merchant):- I/we hereby give notice that I/we waive the contract entered into by me/us* for purchase of the following goods/for the provision of the following service – Ordered to/received by – Name of user(s) – Address of user(s) – Signature of user(s) (only if this form is on paper) – Date –– –––––––––––––––– * Unnecessary is crossed out.
Appendix No. 2 - Information on exercising the right to withdraw from the contract Information on exercising the right to withdraw from the contract Standard instructions for withdrawal:
- Right to withdraw from the contract remotely or off-premises.
- You have the right to withdraw from this contract without giving reasons within 14 days.
- The cancellation period is 14 days from the date on which you or a third party, other than the carrier and indicated by you, took possession of the goods.
- To exercise your right of withdrawal, you must notify us at the contact details provided on mama-derm.com of your decision to withdraw from the contract with an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
- You can complete and submit electronically the standard opt-out form or other unambiguous opt-out application on our mama-derm.com website. If you use this option, we will immediately send you in a durable medium (for example, by e-mail) a message confirming receipt of the opt-out.
- In order to comply with the withdrawal period, it is sufficient to send your message regarding the exercise of the right of withdrawal before the expiry of the withdrawal period. Action of refusal.
- If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs associated with a delivery method chosen by you other than the cheapest standard delivery method, offered by us), without undue delay and in any case no later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We will make the refund to the bank account specified by you; in any event, this refund will be at no cost to you. When paying by card, the same conditions apply as the process usually takes 5 working days.
- We have the right to delay refunds until we receive the goods back or until you provide us with evidence that you have sent back the goods, whichever is the earlier. You must bear the direct costs of returning the goods. Costs are expected to not exceed the approximate cost of delivery or standard courier service.
- You are solely responsible for any reduction in the value of the goods as a result of testing them other than as necessary to determine their nature, characteristics and proper functioning.