TERMS OF USE OF THE E-SHOP
Attention! Any purchase through the website is subject to the terms and conditions. Use of this website implies your agreement and acceptance of these terms and conditions. If you do not agree to them, please do not use this e-shop. By accepting these terms and conditions, you also accept the terms of delivery, privacy policy, cookie policy and any other documents quoted or referenced in these terms and conditions.
I. SUBJECT
Art. 1. These General Terms and Conditions are intended to regulate the relations between Medicopharm-K Ltd., with registered office in the town of. Montana, ul. “2, hereinafter referred to as “SUPPLIER”, and the customers, hereinafter referred to as “USERS”, of the online store medicopharm-k.com , hereinafter referred to as “ELECTRONIC SHOP
II. SUPPLIER DATA
Art. 2. In accordance with the requirements of the E-commerce Act and the Consumer Protection Act, we provide the following information:
Name of the Supplier.
Legal address and place of management. Company and registered office / registered address. “Registered office and registered address: 2 Slavyanska Street
Contact details: e-mail: office@medicopharm-k.com
site@medicopharm-k.com
- Registration in public registers:
Registry Agency of the Republic of Bulgaria, Trade Register – UIC 201851778
III. 1. CHARACTERISTICS OF AN E-SHOP
Art. 3. The e-shop is accessible via the medicopharm-k.com website, where Users can perform the following actions:
Register and create a user profile to view the E-Shop and use additional services to provide information;
Submission of electronic statements in connection with the conclusion or performance of contracts with the E-Shop through the interface of the E-Shop page on the Internet;
Concluding contracts for the purchase and delivery of the goods offered by the Online Shop;
Making payments in connection with the contracts concluded with the Online Shop, in accordance with the available payment methods provided by the Online Shop;
Receive information about new goods offered by the Online Shop;
View the goods, their characteristics, prices and delivery conditions;
Notification of the rights arising from the law, mainly through the interface of the Web page of the Online Shop;
Exercise the right of withdrawal from the distance contract for the goods offered by the Supplier, where such right is applicable.
III.3. RIGHTS AND OBLIGATIONS OF THE PARTIES
Art.8. (1) Users are not allowed to generate extremely high traffic to the website.
(2) Users are not allowed to disable or disrupt the functionalities of the website and launch malicious attacks.
The type and specifics of use of the website may be changed unilaterally at the discretion of the Supplier, including the content of the website and these Terms and Conditions.
(3) Users are not allowed to create links to a page of the ELECTRONIC SHOP or to a web page that is not their own.
(4) Placing our page in the “frame” of another page, or creating a link to a section of our page other than the home page, is only permitted with the express written consent of the medicopharm-k.com e-store.
(5) All users are granted the right to use the services of the website solely for personal/non-commercial purposes, subject to applicable law and the requirements set out in these Terms and Conditions.
(6) Access to the site may be temporarily suspended or restricted for the purpose of site maintenance or the introduction of new services. Due to the nature of the Internet, uninterrupted access cannot be guaranteed.
(7) ELECTRONIC SHOP medicopharm-k.com, reserves the right to withdraw without notice its consent to link via “links”
to our page, and the right at any time to remove a link on your page.
(8) Provider may suspend or terminate the ability to use the page at any time, for any specific reason or in the absence thereof, including but not limited to blocking access to your page in the event of:
(a) breach of these Terms;
(b) where it is unable to verify or identify the information provided to it;
(c) where it believes that financial loss or legal liability to the parties may result from certain actions by users;
(9) The Provider may provide the collected statistical information about the traffic on the Site to advertisers/advertising agencies that keep statistics on the clicks and other actions of users on their advertising banners and links, to compile internal statistics, and for direct marketing purposes.
(10) The Provider may install cookies on a user’s computers – small text files that are saved by the Website via the Internet server on the user’s hard drive and enable the retrieval of information about a user, identifying the user and tracking the user’s actions. “Cookies are used to optimize and ensure full and quality use of the site’s functionalities.
It is not considered direct marketing to send information about changes to the Terms and Conditions.
IV. USE OF E-SHOP
Art. 9. (1) In order to use the ELECTRONIC SHOP for the conclusion of contracts for the purchase and sale of goods, the User must enter a username and password of his choice for remote access when the electronic shop requires registration.
(2) The name and password for remote access shall be determined by the User through electronic registration on the Supplier’s website.
(3) By filling in his/her details and clicking on the button to confirm the registration action, the User declares that he/she is familiar with these Terms and Conditions, agrees with their contents and unconditionally undertakes to comply with them.
(4) The Provider confirms the registration made by the User by sending a letter/email to the e-mail address provided by the User, to which information on activation of a password for confirmation of registration is also sent. The User confirms the registration and the conclusion of the contract by means of a password activation e-reference in the letter notifying him of the registration sent by the Provider. After entering the password, the User’s account is created and a contractual relationship is established between the User and the Supplier.
(5) When registering, the User must provide correct and up-to-date data. The User, in the event of a change, must promptly update the data provided in his registration.
(6) In order to use the full functionality of the Supplier’s e-shop, the User must register on the e-shop website. The Supplier shall not be liable if, due to lack of registration, the User is unable to use the full functionality of the e-shop, including with regard to the exercise of rights under the contract, the possibility of claiming a lower price and other similar functions.
(7) These General Terms and Conditions may be accepted by Users without registration in the ELECTRONIC SHOP by explicit expression of will, including through the website of the ELECTRONIC SHOP.
Art. 10.(1) The e-mail address provided at 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 a “unique User identifier” within the meaning of these General Terms and Conditions. The email address may match the User’s username. The User has the right to change their contact e-mail address when they make an edit in the Account Details section available on the ELECTRONIC SHOP website.
(2) The Supplier shall not be liable to the User for any unauthorised change of the Primary Contact Email Address.
(3) The Supplier may require the User to use the Primary Contact e-mail address in specific cases.
V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT
Art. 11. (1) Users shall use the interface of the Supplier’s web page to conclude purchase contracts for the goods offered by the Supplier in the ELECTRONIC SHOP.
(2) The contract shall be concluded in Bulgarian.
(3) The contract between the Supplier and the User shall constitute these General Terms and Conditions, available on the web page of the ELECTRONIC SHOP.
(4) Party to the contract with the Supplier is the User, according to the data provided at registration and contained in the personal profile of the User. For the avoidance of doubt, these are the data with which the account with the Supplier was created.
(5) The supplier shall include in the interface of its web page technical means for detecting and correcting errors in the input of information before the statement of conclusion of the contract is made.
(6) This Contract shall be deemed to have been concluded from the moment of the User’s registration with the Provider or acceptance of the General Terms and Conditions by other express means, including a statement on the Provider’s web page. The contract for the purchase and sale of goods shall be deemed to have been concluded from the moment of its request by the User through the interface of the Supplier.
7) For the conclusion of this contract and the conclusion of the contract for the purchase of goods, the Supplier shall expressly notify the User in an appropriate manner via e-mail or other electronic means.
(8) The notice of conclusion of the contract and the confirmation of its receipt shall be deemed to have been received when their addressees are able to access them.
(9) The Supplier shall deliver the goods to the address indicated by the Users and shall not be liable in the event that the data indicated by the Users are false or misleading.
Art. 12. (1) Users shall conclude the purchase contract with the Supplier according to the following procedure:
Carrying out registration in the ELECTRONIC SHOP and providing the necessary data if the User has not registered in the ELECTRONIC SHOP before or by ordering goods without registration;
Logging in to the system to place orders on the ELECTRONIC SHOP by identifying with a name and password.
Selecting one or more of the goods offered by the ELECTRONIC SHOP and adding them to a list of goods to be purchased;
Providing details to make the delivery;
Confirming the order.
(2) Users may conclude the purchase contract with the Supplier without registration by using the relevant functionality in the interface of the e-shop. To place an order without registration, the User needs to provide details for making the delivery and select a payment method for the price, and then confirm the order. By clicking the order button, he places a binding order for the products listed in the shopping cart.
(3) The Supplier delivers the goods ordered by the Users within the terms and conditions set by the Supplier on the web page of the e-shop and in accordance with these General Terms and Conditions.
(4) The Supplier retains ownership of the delivered goods until the price of the product has been paid.
VI. SPECIFIC OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 13. The rules set out in this Section VI of the General Terms and Conditions shall apply to Users who are reasonably assumed to fall within the definition of “consumers” under the Consumer Protection Act, the E-Commerce Act and/or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011.
Art. 14. (1) The main characteristics of the goods offered by the Supplier are set out in the profile of each product on the web page of the ELECTRONIC SHOP, as well as on the “Delivery and Return” page.
(2) The price of the goods, including all taxes, is determined by the Supplier and is set out in the profile of each item on the web page of the ELECTRONIC SHOP.
(3) The cost of delivery and transport costs, which are not included in the price of the goods, shall be determined by the Supplier and shall be provided as information to Users prior to the conclusion of the contract at one of the following times:
In the profile of each item on the Supplier’s web page of the ELECTRONIC SHOP;
When selecting the goods for the conclusion of a purchase contract;
On the “Delivery and Return” page of the ELECTRONIC SHOP
(4) Prior to the conclusion of the contract, the Supplier shall specify the total value of the order for all goods included in it.
(5) The method of payment, delivery and performance of the contract shall be specified in these General Terms and Conditions, as well as in the information provided to the User on the Supplier’s website.
(6) The information provided to Users under this Article shall be up-to-date at the time of its presentation on the Supplier’s webpage prior to the conclusion of the purchase contract.
(7) The Supplier shall be obliged to indicate the terms of delivery of each item on its web page.
(8) Users agree that all information required by the Consumer Protection Act may be provided through the eCommerce platform interface or email.
Art. 15. (1) The User shall have the right, without compensation or penalty and without giving any reason, to cancel the concluded contract within 14 days from the date of receipt of the goods, using the single cancellation form available on the Supplier’s website. The consumer may reject the delivered goods if they are in their unaltered condition, in their original packaging, without signs of use or damage to the commercial appearance of the product, in accordance with the provisions of Article 55 of the CPA, except in the cases referred to in Article 57 of the CPA. Information on the exercise of the right of withdrawal is available on the Supplier’s website.
(2) In the event of withdrawal from the contract, the cost of returning the goods shall be borne by the consumer.
(3) The supplier shall only make refunds to the bank account specified by the consumer within 14 days of receipt of the goods back. The supplier may postpone the refund of payments until the goods have been returned.
(4) The consumer must return the goods to the Supplier no later than 14 days after receipt. The goods must be in their original packaging, undamaged and complete, without any signs of use.
(5) The right of withdrawal under paragraph 1 shall not apply in the following cases:
for the supply of goods and services, the price of which depends on fluctuations in the financial markets which the Supplier cannot control;
for the supply of goods made to the individual requirements of the consumer;
for the supply of goods with a short shelf life or which by their nature cannot be returned;
for the delivery of sealed goods which have been opened after delivery and cannot be returned due to health and hygiene risks;
for the delivery of goods which, having been delivered, have been mixed with other goods and cannot be separated;
for goods with damaged merchantability, such as injuries, scratches, missing or damaged components.
(6) If the Supplier has not complied with its obligations to provide the opt-out information set out in the Consumer Protection Act, the opt-out period shall be extended by a further 12 months.
(7) Once the Consumer has exercised his right of withdrawal, the Supplier shall be obliged to refund all sums received from the Consumer, including delivery costs, without undue delay and no later than 14 days from the date of return of the refused product. When refunding amounts, the Supplier shall use the same means of payment that was used by the User in the original transaction, unless the User has expressly agreed to the use of another means of payment and this does not entail additional costs for the User.
(8) In case of exercising the right of withdrawal, the costs of returning the delivered goods shall be borne by the User. The Supplier is entitled to withhold payment of the amounts from the User until receipt of the returned goods.
(9) The Consumer shall be obliged to store the goods received from the Supplier and to ensure the preservation of their quality and safety during the period stipulated in Article 1.
(10) All returned products must be presented in the same condition as when received. Products that are damaged, have damaged or incomplete packaging, have signs of use, scratches or knocks will not be accepted. Also, products that are not complete with all accessories that were provided with them will not be accepted.
(11) The User may exercise the right to withdraw from the contract with the Supplier by submitting a written statement to the Supplier using the standard withdrawal form available on the web page of the ELECTRONIC SHOP.
Art. 16. (1) The delivery period of the goods and the starting point from which it begins shall be determined individually for each good upon conclusion of the contract with the User via the Supplier’s webpage, unless the goods are ordered as part of a single delivery.
If the User and the Supplier have not determined a specific delivery period, the period for receipt of the goods shall be 30 working days, counted from the date of sending the order by the User to the Supplier via the e-shop webpage.
In the event that the Supplier is unable to perform the contract due to the unavailability of the ordered goods, he must immediately notify the User and refund the amounts paid.
Art. 17. (1) The Supplier shall hand over the goods to the Consumer after confirming that the information requirements set out in the Consumer Protection Act have been met.
(2) The Consumer and the Supplier confirm that the conditions of par. 1 in writing upon delivery by affixing a handwritten signature, unless otherwise agreed.
(3) The Consumer and the Supplier agree that the requirements of par. 1 shall be deemed to have been fulfilled if the confirmation is made by a person who, under the circumstances, may be deemed competent to convey the information to the consumer party to the contract.
V. CONSUMER COMPLAINTS
Consumers reserve the right to file a claim in the event of incomplete conformity of the goods received with the terms of the delivery contract discovered after receipt. When filing a complaint, Consumers are entitled to all the rights provided for by Articles 113 – 115 of the Consumer Protection Act.
Consumers shall have the right to make a claim in respect of the goods irrespective of whether the manufacturer or the Trader provides a commercial guarantee for the goods or for the service provided.
When claiming for the goods, Users may request a refund, replacement of the goods with another that meets the agreed conditions, or a price reduction.
The complaint can be made verbally by telephone, indicated by the Merchant, or in writing to the email address office@medicopharm-k.com. Alternatively, the complaint may be sent by post or courier to the company’s registered office address or the Merchant’s mailing address set out at the beginning of these Terms and Conditions. When submitting a claim, Users must indicate the subject of the claim, the preferred method of satisfying the claim, the amount they wish to be refunded, and contact details.
When submitting a claim, Users must attach the documents that support their claim, including: the receipt and invoice (if any), or the bill of lading for the goods; documents that establish the incomplete conformity of the goods with the agreed terms and confirm the claim of Users, if any.
A claim in respect of consumer goods may be made within two years from the date of receipt of the goods, but not later than two months after the establishment of the incomplete conformity with the terms of the contract. The time limit shall not run during the period necessary for the seller and the consumer to reach agreement to resolve the dispute.
The trader shall keep a register of the claims submitted. Consumers shall be sent a document with the complaint number from the register and the type of goods to the email address they have provided.
When the Trader satisfies the complaint, he shall issue a certificate to that effect, which shall be drawn up in duplicate. The Trader must provide one copy of the complaint satisfaction certificate to the Consumer.
In the event of a justified complaint, the Trader shall bring the goods into conformity with the contract of sale within one month of the complaint being made by the Consumer. After the expiry of this period, if the complaint is not satisfied by the Merchant, Consumers have the right to cancel the contract and be refunded the amount paid or to request a reduction in the price of the consumer goods in accordance with Article 114 of the Consumer Protection Act.
Bringing the consumer goods into conformity with the sales contract is free of charge for Consumers. They do not owe any costs for the dispatch of the goods.
Consumers may not claim a refund or a reduction in the price of the goods where the Trader agrees to replace the goods with new goods within one month of the Consumer’s complaint.
VII. INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights in the materials and resources located on the medicopharm-k.com website are protected under the Copyright and Related Rights Act and belong to the Merchant or to third parties who have transferred
the right of use of the Merchant and may not be used contrary to applicable law.
In the event of illegal copying or reproduction of information, as well as in the event of any other infringement of the Merchant’s intellectual property rights, the Merchant shall be entitled to seek compensation for damages caused in accordance with applicable law.
Users are not authorized to reproduce, modify, delete, publish, distribute or otherwise disclose the information resources published on the https://medicopharm-k.com website.
VIII. BODIES REGULATING THE TRADER’S ACTIVITY
The bodies that supervise the activities of the Trader include the Commission for Consumer Protection (CCP), which can be reached at the following contacts: website https://kzp.bg/kontakti, telephone: 0700 111 22, email: info@kzp.bg, address. Sofia, pl. Slaveykov, No. 4A, et. https://www.cpdp.bg/, telephone: 02/91-53-518, email: kzld@cpdp.bg, address. 1592 Sofia Blvd. “1595 1592, Proff. 2.
Besides them, important bodies in this area are the Bulgarian Food Safety Agency (BFSA), available on the website WWW.bfsa.bg, where signals and complaints about food control can be submitted to the hotline: 0700 122 99, as well as TD “NRA – Gabrovo, located at 7 Aprilovska Street.
IX. AMENDMENT OF THE TERMS AND CONDITIONS
The Merchant undertakes to inform Users of any amendment to these Terms and Conditions within 7 working days of such changes occurring by sending a notice to their email address provided by the User. In case of disagreement with the amendments to the General Terms and Conditions, the User shall have the right to cancel the contract concluded with the Merchant without being required to provide a reason or pay any compensation or penalty. To exercise this right, the User must notify the Merchant within one month of receipt of the notice.
If the User does not exercise his right to cancel the contract in accordance with these Terms and Conditions, he shall be deemed to have accepted the amendments without protest.
The parties declare that if any of the provisions in these Terms and Conditions should prove to be invalid, this will not jeopardize the validity of the entire contract or any other parts thereof. The invalid clause will be superseded by applicable statutory provisions or established practice.
X. APPLICABLE LAW
The provisions of the current legislation of the Republic of Bulgaria shall apply to all matters not governed by these Terms and Conditions.