GENERAL TERMS OF THE ONLINE STORE www.fruiterradry.com
SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relations between FRUTERA DRY EOOD, EIK 204851712, with registered office and management address: ČERNEVO village, Sirma Voivoda Street No. 20, hereinafter referred to as the SUPPLIER, and the customers, referred to as -below USERS, of the e-commerce platform www.fruiterradry.com, hereinafter referred to as “www.fruiterradry.com”.
II. PROVIDER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
Name of the Supplier: FRUTERA DRY EOOD
Headquarters and management address: CHERNEVO village, 20 Sirma Voivoda St
Address for exercising the activity and address for submitting complaints by users: ČERNEVO village, 20 Sirma Voivoda Street.
Correspondence details: OFFICE@FRUITERRADRY.COM, telephone 0887 871 281
Entry in public registers: EIK 204851712
Supervisors:
(1) Commission for the Protection of Personal Data
Address: Sofia, "Prof. Tsvetan Lazarov" No. 2,
phone: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Consumer Protection Commission
Address: 1000 Sofia, Slaveykov Sq. No. 4A, floors 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
Registration under the Value Added Tax Act
III. FEATURES OF THE PLATFORM
Art. 3. www.fruiterradry.com is an e-commerce platform, available at the Internet address www.fruiterradry.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 to view the Provider's electronic store and use the additional services to provide 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 on the www.fruiterradry.com platform;
To make any payments in connection with the concluded contracts through the platform www.fruiterradry.com electronic means of payment.
To receive information about new goods offered by the Supplier on the www.fruiterradry.com platform;
To make electronic statements in connection with the conclusion or execution of contracts with the Supplier on the www.fruiterradry.com platform through the interface of the www.fruiterradry.com page available on the Internet;
To be notified of the rights arising from the law, primarily through the www.fruiterradry.com platform interface on the Internet;
To exercise their right to opt out, where applicable, under the Consumer Protection Act.
Art. 4. The supplier on the www.fruiterradry.com 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 conclude a contract for the purchase and sale of the goods with the Supplier on the www.fruiterradry.com platform, at the address www.fruiterradry.com The contract is concluded in Bulgarian and is stored in the database of the Supplier on the platform.
(2) Pursuant to the contract concluded with the Users for the purchase and sale of goods, the Supplier on the platform www.fruiterradry.com undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the interface on the platform. Users have the right to correct errors when entering information no later than sending the statement on concluding the contract to the Supplier on the platform www.fruiterradry.com
(3) Users pay the Provider of the www.fruiterradry.com platform a fee for the delivered goods according to the conditions set out in the www.fruiterradry.com platform and these general terms and conditions. The remuneration is equal to the price announced on the www.fruiterradry.com platform
Art. 6. (1) The User and the Supplier on the www.fruiterradry.com 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 Law for the electronic document and the electronic signature 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 www.fruiterradry.com
Art. 7. (1) In order to use www.fruiterradry.com to conclude contracts for the purchase and sale of goods, the User should enter a name and password of his choice for remote access or identify himself through his Facebook or Google account, with which is deemed to have 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 on the www.fruiterradry.com 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 "Order" button, the User declares that he is familiar with these general 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 Supplier's page on the www.fruiterradry.com platform to conclude contracts for the purchase and sale of the goods offered by the suppliers on the www.fruiterradry.com 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 www.fruiterradry.com platform according to the following procedure:
(1) Login to the system for placing orders on the www.fruiterradry.com platform
(2) Selecting one or more of the goods offered by the Supplier on the www.fruiterradry.com 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) Providing data for making the delivery;
(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 the event that 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 certain goods does not affect the contracts for the purchase and sale of the 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 relation to 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 conditions apply only to Users who, according to the data specified for the conclusion of the sales contract or during the registration at www.fruiterradry.com, it can be concluded that they are Users within the meaning of the Consumer Protection Act, the Electronic Commerce Act 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 www.fruiterradry.com platform are defined in the profile of each product on the www.fruiterradry.com platform
(2) The price of the goods including all taxes and fees is determined by the Supplier on the www.fruiterradry.com platform in the profile of each product on the www.fruiterradry.com platform
(3) The value of the postal or transport costs, not included in the price of the goods, is determined by the Supplier on the platform www.fruiterradry.com 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 defined in these general terms and conditions and the information provided to the User through the mechanisms on the platform www.fruiterradry.com
(5) The information provided to the Users under this article is current at the time of its visualization on the www.fruiterradry.com platform before the conclusion of the sales contract.
(6) Users agree that all information required by the Consumer Protection Act can be provided through the www.fruiterradry.com platform interface or e-mail.
Art. 15. (1) The User agrees that the suppliers on the www.fruiterradry.com 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 on the www.fruiterradry.com platform the price for the 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 www.fruiterradry.com at Exercise your rights! and in Appendix No. 1 to these general terms and conditions. Information on exercising the right of withdrawal is available at Exercise your rights! 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:
for the delivery of goods made to the order of the user or according to his individual requirements;
for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
for the delivery of sealed goods which have been unsealed after their delivery and cannot be returned for hygiene or health protection reasons;
for the delivery of goods which, after being delivered and due to their nature, have been mixed with other goods from which they cannot be separated;
for delivery of sealed audio or video recordings or sealed computer software that has been unsealed after delivery, including activation codes for software licenses, software features or virtual means of payment.
for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications;
(3) When the supplier on the www.fruiterradry.com 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 on the www.fruiterradry.com platform at Annex No. 1 to these general 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 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 by the Supplier in the platform and to ensure the preservation of their quality and safety during the period under para. 1.
(7) The User can 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 at {turms_url} on the www.fruiterradry.com platform and in Appendix No. 1 to these general conditions.
8) When the supplier on the platform www.fruiterradry.com has not offered to collect the goods himself, he can 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 whichever happened first.
(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 website of the Supplier on the platform www.fruiterradry.com
(2) In the event that the User and the Supplier on the www.fruiterradry.com platform have not determined a delivery time, the delivery time of the goods is 30 calendar days, starting from the date following the sending of the user's order to the Supplier through the Supplier's website in the platform www.fruiterradry.com
(3) If the Supplier on the www.fruiterradry.com platform is unable to fulfill the contract due to the fact that he does not have the ordered goods, he is obliged to notify the User and refund the amounts paid by him.
Art. 18. The supplier on the www.fruiterradry.com platform undertakes to comply with all requirements established in Bulgarian legislation regarding the labeling, advertising and sale of food supplements.
VIII. PERFORMANCE OF AGREEMENT
Art. 19. (1) The supplier on the www.fruiterradry.com platform can organize the delivery and handover 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, notify the Supplier immediately on the www.fruiterradry.com platform
(2) If the User does not notify the Supplier on the www.fruiterradry.com 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 on the www.fruiterradry.com platform does not undertake to provide the necessary service for the goods.
Art. 22. For the cases not regulated in this section, the commercial sale rules defined in the Commercial Law and the Consumer Protection Law apply.
PROTECTION OF PERSONAL DATA
Art. 23. (1) The collection, storage and processing of personal data is carried out in accordance with the Personal Data Privacy Policy, which you can access here Privacy Policy.
(2) The personal data entered by the Users are subject to protection under the Personal Data Protection Act and the General Regulation 2016/679, and the Provider processes them for the purposes and within the terms stipulated in the Personal Data Privacy Policy.
(3) If the User agrees with the Personal Data Privacy Policy, the User expressly confirms that he agrees to the Provider storing information or gaining access to the information stored in the User's end device for the purposes and terms comprehensively provided for in it. The User agrees that the Provider may store information or access the information stored in the User's end device and on other grounds specified in the Privacy Policy.
(4) The User or the User agrees that the Provider of the www.fruiterradry.com platform 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, while the User's or User's registration is available in the Supplier's electronic store on the www.fruiterradry.com platform
(5) The User or the User agrees that the Provider of the platform www.fruiterradry.com has the right to collect, store and process data on the behavior of the User or the User when using the electronic store of the Provider on the platform www.fruiterradry.com The User has the right to object to the storage or access to the information under paragraph 3 in the ways provided for in the Personal Data Privacy Policy.
Art. 24. (1) At any time, the Provider on the platform www.fruiterradry.com has the right to require the User to identify himself and certify the authenticity of each of the announced during
Art. 24. (1) At any moment, the Provider on the www.fruiterradry.com platform has the right to require the User to identify himself and certify the authenticity of each of the circumstances and personal data announced during registration. (2) In the event that for any reason the User has forgotten or lost their username and password, the Provider of the www.fruiterradry.com platform has the right to apply the announced "Procedure for lost or forgotten usernames and passwords", available at: www. fruiterradry.com AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS Art. 25. (1) These general conditions may be amended by the Provider of the platform www.fruiterradry.com, of which the latter will notify all registered Users in an appropriate manner. (2) The provider on the www.fruiterradry.com platform and the User agree that any addition and amendment to these general terms and conditions will have an effect on the User in one of the following cases: A) after being expressly notified by the Supplier on the www.fruiterradry.com platform and if the User does not state within the 14-day period granted to him that he rejects them; or B) after their publication on the website of the Supplier on the platform www.fruiterradry.com 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 website of the Supplier on the platform www.fruiterradry.com (3) The User agrees that all statements of the Supplier on the www.fruiterradry.com platform, in connection with the amendment of these general conditions, will be sent to the e-mail address specified by the User during 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 supplier publishes these general terms and conditions at https://www.fruiterradry.com/bg/terms/ together with all additions and amendments to them. TERMINATION Art. 27. These general terms and conditions and the User's contract with the Supplier on the www.fruiterradry.com 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 case of deletion of the User's registration on the www.fruiterradry.com platform. In this case, the concluded but unexecuted purchase and sale contracts remain valid and enforceable; Art. 28. The Supplier 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 www.fruiterradry.com in violation of these general conditions, the legislation in the Republic of Bulgaria, the generally accepted moral norms or generally accepted rules and practice in electronic commerce. XII. RESPONSIBILITY Art. 29. The User undertakes to indemnify and indemnify the suppliers on the www.fruiterradry.com platform and the Supplier against legal claims and other claims of third parties (whether justified or not), for all damages and costs (including legal royalties and legal expenses) arising out of or in connection with (1) failure to perform any of the obligations hereunder, (2) infringement of copyright, production, broadcasting or other intellectual or industrial property rights, (3) wrongful transfer to other persons of the rights granted to the User, for the term and under the terms of the contract and (4) false declaration of 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 Supplier is not responsible for property or non-property damages, expressed in lost profits or suffered damages, caused to the User in the process of using or not using www.fruiterradry.com and concluding sales contracts with the Supplier. (3) The provider is not responsible for the time during which the platform was not available due to force majeure. (4) The supplier is not responsible for damages from comments, opinions and publications under the products, news and articles on the platform www.fruiterradry.com 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 sales contract, provision of access to information, loss or change of data occurring as a result of false identification of a third party posing as the User, if the circumstances can believes that this person is the User.
XIII. OTHER TERMS
Art. 33. (1) The User and the Supplier on the www.fruiterradry.com platform undertake to protect each other's rights and legal interests, as well as to protect their trade secrets, which became their possession 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. Publication of correspondence in print and electronic media, Internet forums, private or public websites, etc. may 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 Supplier on the www.fruiterradry.com 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 come into force for all Users of www.fruiterradry.com.
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 (, CHERNEVO village, Sirma Voivoda Street №20, office@fruiterradry.com):
– I/we hereby notify* that I/we renounce* the contract concluded by me/us* for the purchase of the following goods*/for the provision of the following service*
– Ordered on*/Received on*
– Name of the user(s).
– Address of the user/s
– Signature of the user(s) (only if this form is on paper)
– Date
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* 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 opt-out guidelines:
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 www.fruiterradry.com and of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You may use the attached standard opt-out form, but this is not required. You can also complete and submit electronically the standard opt-out form or other unambiguous opt-out application on our website www.fruiterradry.com If you use this option, we will immediately send you in a durable medium (e.g. email) a confirmation message upon receipt of the refusal.
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.
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 occurs first.
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.
