General Terms and Conditions of Heath Nutrition EOOD
I. Subject
Art. 1. These general terms and conditions are intended to regulate the relations between Heath Nutrition EOOD, address: Sofia, Tsar Boris III Blvd., bl. 210, UIC 205009820, represented by Ivan Tsvetanov Boyadzhiev, hereinafter referred to as "Provider", and the clients, hereinafter referred to as "Users", on the Internet site "www.heatfood.bg", hereinafter referred to as "the Site" .
ІІ. Supplier details
Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Provider: Heath Nutrition EOOD
2. Headquarters and address of management: Sofia, Tsar Boris III Blvd., bl. 210
3. Address for exercising the activity: Sofia, 15 Ivan Dimitrov Str
4. Correspondence data: info@heatfood.bg
5. Entry in public registers: UIC 205009820
6. Supervisory authorities:
◦ Commission for Personal Data Protection
Address: Sofia 1592, Blvd. "Prof. Tsvetan Lazarov ”№ 2, tel .: 02 / 91-53-594, 02 / 91-53-535 fax: 02 / 91-53-525, e-mail: kzld@government.bg, kzld@cpdp.bg, web site: www.cpdp.bg.
◦ Consumer Protection Commission
Address: 1000 Sofia, А4A Slaveykov Square, 3rd, 4th and 6th floors, tel .: 02/980 25 24 fax: 02/988 42 18 hotline: 0700 111 22 Website: www.kzp .bg
III. Features of www.heatfood.bg
Art. 3. The Internet site, available at the online address - www.heatfood.bg, provides the Users with the opportunity to conclude contracts for purchase and sale and delivery of the goods offered by the company through the Internet site: www.heatfood.bg, including the following:
1. Registration and creation of a profile for viewing the Internet site: www.heatfood.bg and use of the additional services for providing information;
2. Making electronic statements in connection with the conclusion or execution of contracts with the Internet site: www.heatfood.bg through the interface of the company's website available on the Internet;
3. Concluding contracts for purchase and sale and delivery of goods offered by Heath Nutrition EOOD;
4. Making any payments in connection with the concluded contracts with the website maintained by the company: www.heatfood.bg, according to the methods of payment maintained by the website.
5. Receiving information about new products offered by Heath Nutrition EOOD;
6. Examination of the goods, their characteristics, prices and delivery conditions;
7. Receipt of notifications about the rights arising from the law mainly through the interface of the website: www.heatfood.bg;
Art. 4. The Supplier delivers the goods and guarantees the rights of the Users, provided by law, within the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) Users enter into a contract for purchase and sale of goods offered by www.heatfood.bg through the interface of the Provider, available on its website at www.heatfood.bg or other means of distance communication.
(2) Pursuant to the contract concluded with the Users for purchase and sale of goods, the Provider is obliged to deliver and transfer the ownership of the User to the goods determined by him through the interface.
(3) The Users pay to the Provider remuneration for the delivered goods according to the conditions, determined on the Internet site and the present General conditions. The remuneration is in the amount of the price announced by the Provider at: www.heatfood.bg on the Internet.
(4) The Provider delivers the goods ordered by the Users within the terms and under the conditions determined by the Provider on the website of the e-shop and in accordance with these General Terms.
(5) The price for the delivery shall be determined separately and explicitly from the price of the goods.
Art. 6. (1) The User and the Provider agree that all statements between them in connection with the conclusion and execution of the contract of sale may 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 are made by the persons specified in the data provided by the User when registering, if the User has entered the appropriate name and password for access.
IV. Registration for use of www.heatfood.bg
Art. 7. (1) In order to use the Internet site: www.heatfood.bg for concluding contracts for purchase and sale of goods, the User should enter his chosen name and password for remote access, in cases where the e-shop requires registration.
(2) The name and password for remote access are determined by the User through electronic registration on the site maintained by the Provider.
(3) By filling in their data and pressing the "Yes, I accept" and "Register" buttons, the User declares that he is familiar with these General Terms and Conditions and the internal rules for confidentiality and protection of personal data according to Regulation 2016/679 of Heath Nutrition Ltd., as well as that it agrees with their content and undertakes to comply with them unconditionally.
(4) The Provider confirms the registration made by the User by sending a letter to the e-mail address specified by the User, to which information for activating the registration is sent. The Recipient confirms the registration and conclusion of the contract by electronic reference in the letter notifying him of the registration sent by the Provider. After the confirmation, an account of the User is created, and a contractual relationship arises between him and the Provider.
(5) Upon registration, the User undertakes to provide accurate and up-to-date data. The user promptly updates the data specified in his registration in case of change.
(6) In case a profile in web social networks or other networks is used for registration of the User, a party to the contract is the person who is the holder of the profile used for registration in the respective social or other network. In this case, the Provider has the right to access the data necessary to identify the User in the relevant social or other network.
Art. 8. (1) The e-mail address provided during the initial registration of the User, as well as any subsequent e-mail address used for the exchange of statements between the User and the Provider, is "Primary e-mail address" within the meaning of these General Terms. The user has the right to change his Primary contact email address.
(2) Upon receipt of an application for change of the Main contact e-mail address, the Provider shall send a request for confirmation of the change. The confirmation request is sent by the Provider to the new Primary contact e-mail address specified by the User.
(3) The change of the Primary contact e-mail address is made after confirmation by the User, expressed by a reference contained in the request for confirmation sent by the Provider to the new Primary contact e-mail address specified by the User.
(4) The Provider informs the User about the change, by e-mail, sent to the main contact e-mail address specified by the User before making the change under para. 2.
(5) The Provider is not responsible to the User for illegal change of the Main contact e-mail address.
(6) The Provider may require from the User the use of the Main contact e-mail address in specific cases.
V. Technical steps for concluding a sales contract
Art. 9. (1) The users mainly use the interface of the Provider's website in order to conclude contracts for purchase and sale of the goods offered by the Provider at www.heatfood.bg
(2) The contract shall be concluded in Bulgarian.
(3) The contract between the Provider and the User represents these General Terms and Conditions, available at www.heatfood.bg
(4) A party to the contract with the Provider is the User according to the data provided during registration and contained in the personal profile of the User. For the avoidance of doubt, these are the data used to create an account with the Provider.
(5) The provider shall include in the interface of its website, technical means for establishing and correcting errors in the input of information, before the statement for concluding the contract is made.
(6) This contract is considered concluded from the moment of registration of the User with the Provider. The contract for purchase and sale of goods is considered concluded from the moment of its application by the User through the interface of the Provider.
(7) For the conclusion of this contract and for the conclusion of the contract for purchase and sale of goods, the Provider shall explicitly notify the User in an appropriate manner by electronic means.
(8) The statement for concluding the contract and the confirmation for its receipt shall be considered received when their addressees have the opportunity to access them.
(9) The Supplier delivers the goods to the address indicated by the Users and is not responsible in case the data provided by the Users are incorrect or misleading.
Art. 10. The Users conclude the contract of sale with the Provider according to the following procedure:
(1) Registration on the Internet site: www.heatfood.bg and providing the necessary data, if the User has not yet registered in www.heatfood.bg
(2) Entering the ordering system on www.heatfood.bg by identifying with a name and password;
(3) Selecting one or more of the goods offered on www.heatfood.bg and adding them to a list of goods for purchase;
(4) Providing data for the delivery;
(5) Choice of method and moment for payment of the price.
(6) Confirmation of the order.
VI. Special obligations of the supplier. Consumer protection
Art. 11. The rules described in Section VI of these General Terms and Conditions apply to Users for whom, according to the data specified for the conclusion of the contract of sale or registration on the Company's Site, it can be concluded that they are users within the meaning of the Consumer Protection Act, the Electronic Commerce Act and / or Directive 97/7 / EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the Site at www.heatfood.bg
(2) The price of the goods including all taxes is determined by the Supplier in the profile of each product on the website of www.heatfood.bg
(3) The value of the postage and transport costs, which are not included in the price of the goods, shall be determined by the Provider and shall be provided as information to the Users in one of the following moments before concluding the contract:
• In the profile of each of the goods on the website of the Supplier on www.heatfood.bg
• When choosing the goods for concluding the contract of sale;
(4) The manner of payment, delivery and performance of the contract is determined in these General Terms and Conditions, as well as the information provided to the User on the site maintained by the Provider.
(5) The information provided to the Users under this article is current at the time of its visualization on the website of the Provider on www.heatfood.bg before the conclusion of the contract of sale.
(6) The Provider has the right at any time to change the information published on the Site, including information relating to goods, services, prices and characteristics of goods. Users are considered informed and the changes take effect from the moment of their publication. It is possible that at the time of ordering through the Site, some of the information is out of date or the availability of goods is exhausted. In each of these cases, the User will be informed by the telephone or e-mail address provided by him.
(7) The supplier must indicate the conditions for delivery of individual goods on the website of www.heatfood.bg.
(8) Before concluding the contract, the Supplier shall indicate the total value of the contract for all goods contained therein.
Art. 13. (1) The user agrees that the Provider has the right to accept advance payment for the contracts concluded with the consumer for purchase and sale of goods and their delivery.
(2) The User chooses independently whether to pay the Supplier the price to deliver the goods before or at the time of delivery.
Art. 14. (1) The user has the right, without paying compensation or penalty and without stating a reason, to withdraw from the contract within 7 working days from the date of receipt of the goods.
(2) The right of refusal under para. 1 shall not apply in the following cases:
• for delivery of goods and provision of services, the price of which depends on the fluctuations of the financial markets, which the Provider is not able to control;
• for delivery of goods made according to the requirements of the consumer or by his individual order;
• for the supply of goods which, by their nature, are necessary or cannot be returned or are subject to rapid deterioration, or there is a risk of deterioration in their quality characteristics, including perfumery and cosmetics;
• for delivery of audio and video recordings or software products printed by the User;
• for delivery of newspapers, magazines and other periodicals;
(3) When the Provider has not fulfilled its obligations for providing information, determined in art. 54 of the Consumer Protection Act, the consumer has the right to withdraw from the contract within three months from the date of receipt of the goods. Where the information referred to in this paragraph is provided to the consumer within the withdrawal period, it shall run from the date of its provision.
(4) In case the User exercises his right of refusal under para. 1, the Provider is obliged to refund in full the amounts paid by the consumer not later than 30 calendar days from the date on which the consumer has exercised his right to withdraw from the contract. The costs paid for the return of the goods shall be deducted from the amount paid by the consumer under the contract, unless the consumer has returned the goods at his own expense and has notified the Supplier.
(5) The User is obliged to store the goods received from the Supplier, their quality and safety during the term under para. 1.
Art. 15. (1) The term of delivery of the goods and the starting point from which it runs is determined for each product separately when concluding the contract with the consumer through the website of the Supplier on www.heatfood.bg, unless the goods are ordered in one delivery.
(2) In case the User and the Provider have not set a delivery time, the delivery time of the goods is 30 working days from the date following the sending of the consumer's order to the Provider through the website of the Provider www.heatfood.bg.
(3) If the Supplier cannot fulfill the contract due to the fact that he does not have the ordered goods, he is obliged to inform the consumer and to refund the amounts paid by him within 30 working days from the date on which the Supplier should have fulfill its obligation under the contract.
(4) In the cases under par. 3, The supplier has the right to deliver to the consumer goods of the same quality and price. The Provider notifies the User electronically of the change in the performance of the contract.
(5) In case of exercising the right of withdrawal from the supply contract under para. 4, the costs of returning the goods are at the expense of the Supplier.
Art. 16. (1) The Supplier shall hand over the goods to the User after certifying the fulfillment of the requirements and the existence of the circumstances under Art. 61 of the Consumer Protection Act.
(2) The User and the Provider shall certify the circumstances under para. 1 in writing at the time of delivery by hand signature, unless otherwise agreed.
(3) The User and the Provider agree that the requirements under para. 1 and Art. 61 of the Consumer Protection Act will be complied with if the certification is performed by a person for whom, according to the circumstances, it can be concluded that he will pass the information to the User - a party to the contract.
VII. Other terms
Art. 17. (1) The Supplier delivers and delivers the goods to the User within the term determined at the conclusion of the contract.
(2) If the term under par. 1 is not explicitly agreed between the parties at the conclusion of the contract, the Supplier delivers and delivers the goods within a reasonable time, but not later than 2 months.
Art. 18. The User must inspect the goods at the time of delivery and delivery by the Supplier and if it does not meet the requirements to notify the Supplier immediately.
VIII. protection of personal data
Art. 19. (1) The Provider takes measures to protect the personal data of the User in accordance with the Personal Data Protection Act and the Personal Data Protection Regulation 2016/679, adopted by the European Union.
(2) The provider Heath Nutrition EOOD, in its capacity of personal data controller, shall take all necessary measures for protection of the personal data of the Users of the maintained Internet site, in accordance with the requirements of the Personal Data Protection Act.
By accepting these General Terms and Conditions, Users consent to the personal data provided by them to be collected, stored, processed and used by the Provider for the purposes of the contract of sale and delivery of the ordered goods. Any other purposes for which the data are used will be in accordance with Bulgarian legislation, applicable international acts, Internet ethics, rules of morals and good manners. Only data related to the orders and delivery of the ordered goods are stored on the website www.heatfood.bg. The Provider guarantees to the Users of the site the inviolability and confidentiality of the provided information and personal data. They are stored in a company database without external access.
(3) The Users have the right to access their own Personal Data, which they have entered and / or become available to the Provider when using the Site, as well as for the purposes of making corrections in the provided Personal Data.
(4) Users have the right to declare their desire to delete their user profile, together with the data attached to it, from the system of the Provider.
(5) For reasons of security of personal data of the Users, the Provider will send the data only to the e-mail address for contact, which was specified by the Users at the time of registration.
(6) The Provider has the right to store data in the final communication device of the User, unless the latter explicitly expresses his disagreement.
(7) The User agrees that the Provider has the right to send at any time electronic messages to the User, including newsletters or offers to purchase goods, as long as there is a registration of the User on the website of the Provider.
(8) The User agrees that the Provider has the right to collect, store and process data related to the behavior of the User when using the Provider's Website: www.heatfood.bg
Art. 20. (1) At any time, the Provider 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.
IX. Amendment and access to the general conditions
Art. 21. (1) These General Terms and Conditions may be amended by the Provider, for which the latter will notify in an appropriate manner all Users of the Internet site: www.heatfood.bg, who are registered. The Provider is not responsible in case the Users have not read the subsequent updates of the General Terms and Conditions published on the Site.
(2) The Provider and the User agree that any additions and amendments to these General Terms and Conditions will have effect on the User after his explicit notification by the Provider and if the User does not state within 14 days that he rejects them.
(3) The User agrees that all statements of the Provider in connection with the amendment of these General Terms and Conditions will be sent to the e-mail address specified by the User upon registration on the site. The user agrees that e-mails sent in accordance with this article do not need to be signed with an electronic signature in order to have effect on him.
Art. 22. The Provider publishes these General Terms and Conditions, together with all additions and amendments thereto.
X. Termination
Art. 23. These General Terms and Conditions and the User's contract with the Provider 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;
• unilaterally, with notice from each of the parties in case of default of the other party;
• in case of objective inability of any of the parties to the contract to perform its obligations;
• in case of seizure or sealing of the equipment by state bodies;
• in case of deletion of the User's registration on the website of Heath Nutrition EOOD. In this case, the concluded but not executed contracts of sale remain in force and are subject to execution;
• in case of exercising the right of withdrawal according to art. 55, para. 1 of the Consumer Protection Act.
XII. Other terms
Art. 24. The possible invalidity of any of the provisions of these General Terms and Conditions will not lead to the invalidity of the entire contract.
Art. 25. The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the implementation and interpretation of this contract.
Art. 26. All disputes between the parties to this contract will be resolved by the competent court or the Consumer Protection Commission.
Art. 27. These General Terms and Conditions used on the Internet site www.heatfood.bg enter into force on 17.06.2019.