GENERAL TERMS
of Vitalis Pharma EOOD for delivery of goods
I. Subject
Art. 1 (1) These General Terms and Conditions govern the terms and conditions for placing orders and delivery of goods offered for sale by Vitalis Pharma EOOD (the Supplier) through the website www.vitalispharma.bg, with a place of delivery on the territory of the Republic Bulgaria.
(2) These General Terms and Conditions constitute an integral part of the contract concluded between the Supplier and the Customer for the supply of goods, and by submitting a delivery order, the Customer expressly declares that he has familiarized himself with the General Terms and Conditions and accepts them.
(3) In the event that the Supplier and the Customer agree on different conditions from those contained in the General Conditions (special conditions), the special conditions shall be applied with priority in the relations between the parties.
(4) The General Terms and Conditions are accepted, amended and canceled by decision of the Supplier’s management body. The amended General Terms and Conditions, respectively the new ones, enter into force as of the date indicated in the decision of the governing body and are published on the website www.vitalispharma.bg. The amended/new General Terms and Conditions apply to all Customer orders and contracts concluded on their basis submitted after the publication of the amended/new General Terms and Conditions on the website.
II. Data about the Provider
Art. 2 (1) Data about the Provider according to the Consumer Protection Act and the Electronic Commerce Act:
Name: Vitalis Pharma EOOD
Headquarters and management address: Sofia 1700, Simeonovsko Shose Blvd.
Address for exercising the activity and address for submitting complaints by users: Sofia 1700, Simeonovsko Shose Blvd. 110, Gradina housing complex, block 12
Correspondence information: Sofia 1700, Simeonovsko Shose Blvd.
Email: info@purevital.bg; phone: +359-2-947-60-63; +359-878-778-778
Entry in public registers: EIK 200441185, Certificate number for entry in the register of personal data administrators 321392.
Supervisors:
Commission for the Protection of Personal Data
Address: Sofia, str. “Ivan Evstatiev Geshov” No. 15,
phone: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
Consumer Protection Commission
Address: 1000 Sofia, “Slaveikov” square #4A, floors 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
Commission for the Protection of Competition
Address: Sofia 1000, 18 Vitosha Blvd
Phone: (02) 935 61 13
Fax: (02) 980 73 15
Website: www.cpc.bg
The Regional Health Inspectorate – Sofia
Address: Sofia, Vranya St. 20
Phone: (02) 8324101
Website: http://www.srzi.bg/
VAT registration: The supplier is registered under the Value Added Tax Act with VAT ID number: BG200441185
III. Customer
Art. 3 A customer of the Supplier is any natural or legal person of full legal age who submits an order for the delivery of goods through the Supplier’s website www.vitalispharma.bg
IV. Submission of orders and conclusion of delivery contracts
Art. 4 (1) Orders may be placed by the Customer with or without registration on the Supplier’s website.
(2) By placing an order for delivery through the Supplier’s website, the Customer gives his express consent to the conclusion of the remote delivery contract.
Art. 5 When placing an order without registration, the Customer selects the desired quantity of the product of his choice and presses the “Order” button, then fills out the order form, indicating name, exact delivery address, Customer’s address, telephone and e-mail, chooses method of payment for the delivery and confirms the order.
Art. 6 (1) In the event that the Customer chooses to submit delivery orders after registration, the Customer should register on the Supplier’s website by filling out a registration form. When registering, the Provider undertakes to provide correct and up-to-date data, and undertakes to promptly update them in the event of a change.
(2) When filling out the registration form, the Customer enters a user name and password for remote access chosen by him.
(3) The Supplier confirms the Customer’s registration by sending a letter to the email address specified by the Customer. A Customer account is created, through which the latter can submit delivery orders and exercise all rights and discounts granted by the Supplier, for which Customer registration is required, such as: participation in promotions, familiarization with additional information materials related to the products offered, materials for new products, etc.
(4) When placing an order after registration, the Customer should log in to his account using his chosen username and password, then select one or more of the offered goods he wishes to order and the desired quantity and add them to list of goods. The customer indicates the goods included in the list that he wishes to be delivered to him, provides delivery data, selection a method of payment for the delivery and confirms the order.
(5) In the event that for some reason the Customer has forgotten or lost his name and password, the Provider has the right to apply the announced “Procedure for lost or forgotten names and passwords.”
Art. 7 Every order, regardless of the way it is submitted, is subject to confirmation by the Supplier. The confirmation is made to the e-mail indicated by the Customer, and an electronic invoice for the ordered goods is attached to the same.
Art. 8 (1) The Supplier and the Customer conclude separate contracts for the delivery of the goods requested by the Customer, regardless of whether they are selected with one order and from one list of goods for delivery.
(2) The supplier may deliver together and simultaneously the goods ordered with separate delivery contracts.
(3) The Customer’s rights in relation to the delivered goods are exercised separately for each delivery contract. The exercise of rights in relation to delivered goods does not affect and has no effect in relation to contracts for the supply of other goods concluded on the basis of the same order. In the event that the Customer 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 supply of certain goods does not affect the contracts for the supply of other goods delivered to the consumer.
(4) When exercising the rights under the delivery contract, the Customer is obliged to specify precisely and unequivocally the contract and the goods in respect of which he exercises the rights.
Art. 9 (1) Pursuant to the contract concluded with the Customer for the delivery of goods, the Supplier undertakes to deliver and transfer the ownership of the Customer to the goods specified by him in the order to the place of delivery specified in the order. The customer has the right to correct errors when entering information no later than sending the order confirmation statement. After this point, changes to already submitted orders can be made by written agreement between the Supplier and the Customer in writing.
(2) The supplier makes deliveries of goods only on the territory of the Republic of Bulgaria and to the settlements indicated on the website www.vitalispharma.bg.
(3) The Supplier delivers the goods to the delivery address specified by the Customer within 30 days from the date of submission of the order, unless a shorter period is specified in the Supplier’s confirmation.
(4) The supplier, incl. by using the services of a third party – a courier, requires the Customer to identify himself when receiving the goods by presenting an identity document.
Art. 10 (1) The Customer and the Supplier agree that all statements between them in connection with the conclusion and execution of the delivery contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Law on Electronic Commerce, incl. electronic statements by e-mail, without the need for the same to be signed with an electronic signature by any of the parties.
(2) Electronic statements, including orders placed by the Customer through the Supplier’s website will be considered to have been placed by the persons indicated in the Customer’s registration form, if the relevant name and access password have been entered.
V. Main characteristics of the goods. Prices and payment methods
Art. 11 The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the Supplier’s website.
Art. 12 (1) The prices of the offered goods are determined by the Supplier and are indicated in the profile of the relevant product on the Supplier’s website. All applicable taxes and fees are included in the stated prices.
(2) The value of postage, transport costs and/or other delivery costs, not included in the price of the goods, is determined by the Supplier and is provided as information to the Customer in the profile of the relevant product and when selecting the goods for concluding the delivery contract .
(3) When placing an order for the delivery of more than one product, the Customer does not pay a delivery fee. Upon placing an order for the delivery of a significant quantity of products, the Customer and the Supplier may agree on special delivery conditions.
(4) The prices of the products and the costs related to their delivery indicated on the website of the Supplier are valid until the announcement of new ones by the Supplier on the website. All orders submitted before the price update date are executed under the conditions valid on the date of their submission.
(5) The customer can pay for the ordered goods by cash on delivery upon receipt of the goods, as well as before the delivery of the goods – by bank transfer (to the Supplier’s bank account specified in the invoice), as well as through the Epay and Paypal payment systems.
(6) When submitting the delivery order, the Customer chooses the payment method himself. In the case of a preferred payment method other than cash on delivery, the Customer shall pay the value of the ordered goods and the costs related to delivery in approx. up to 3 working days before the delivery date specified in the confirmation.
(7) The delivery period is extended accordingly by the period of delay in payment by the Customer in the cases under para. 5.
(8) In the cases provided for in the Law on Limitation of Cash Payments, the Customer is obliged to make payment under the concluded delivery contract only by bank transfer.
VI. Special rules that apply only to persons who have the status of consumer under the Consumer Protection Act
Art. 13 The rules of this section apply only to Customers who have the status of user under par. 13, item 1 of the DR of PPE.
Art. 14 (1) The customer-consumer agrees that the Supplier has the right to accept advance payment for the contracts concluded with him for the delivery of the ordered goods.
(2) The customer-consumer chooses independently whether to pay the Supplier the price of the goods before or at the time of their delivery in accordance with the provisions of Art. 12, para. 5 possibilities.
(3) Advance payment and payment by cash on delivery in no way affect the right of the Customer-consumer to withdraw from the concluded contract in accordance with the provisions of these General Terms and Conditions and the Consumer Protection Act.
Al. 15 For the information under Art. 54 PPE The Supplier prepares a document in two original copies, one of which is handed over to the Customer-consumer upon delivery of the goods. The customer certifies the receipt of the information under Art. 54 of the Civil Code by signing the copy of the document for the Supplier. The refusal of the Customer-user to receive the information under Art. 54 PPE is certified by the signature of the courier making the delivery.
Art. 16 (1) The customer-consumer has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 7 working days from the date of receipt of the goods.
(2) When the Supplier has not fulfilled its obligations to provide information, defined in art. 54 of the Consumer Protection Act, the Customer-consumer has the right to withdraw from the concluded contract within three months from the date of receipt of the goods. When the information under this paragraph is provided to the user within the opt-out period, it begins to run from the date of its provision.
(4) In the event that the Customer-user exercises his right of refusal under para. 1, The Supplier is obliged to reimburse him in full the amounts paid no later than 30 calendar days from the date on which the Customer-consumer exercised his right to withdraw from the concluded contract.
(5) The customer-consumer undertakes to store the goods received from the Supplier, their quality and safety during the period under para. 1.
(6) The customer-consumer may exercise his right to withdraw from the contract with the Supplier by sending a written statement to the Supplier at the Supplier’s address specified in art. 2, para. 1.
(7) In the event that subsequent changes in the legislation are adopted, which provide greater protection for consumers, in the relations between the Supplier and customers – consumers, these more favorable provisions shall apply, regardless of what is contained in these General Terms and Conditions.
Art. 17 If the Supplier cannot fulfill the contract because it does not have the ordered goods, it is obliged to notify the Customer-consumer about this and to refund the sums paid by it within 30 working days from the date on which the Supplier should have fulfill its obligation under the contract.
VII. Obligations of the Customer upon delivery of the goods
Art. 18 (1) The Customer must inspect the goods at the time of delivery and handover by the Supplier and if it does not correspond to the ordered goods and/or has other obvious defects, notify the Supplier immediately.
(2) If the Customer does not notify the Supplier according to para. 1, the goods are considered approved as, except for hidden defects.
(3) In the case of established hidden defects of the delivered goods, the Customer undertakes to notify the Supplier immediately after their discovery, but no later than twenty days from the date of delivery.
(4) The following cases do not constitute defects of the goods:
– particular taste and/or degree of solubility of the product, as well as a discrepancy between the taste characteristics of the product and the Customer’s expectations and/or other similar products with similar content;
– the presence or absence of mechanisms for automatic or easy removal of the product’s protective membrane upon opening;
– the remaining shelf life of the goods at the date of delivery, when, according to the circumstances, it can be concluded that the remaining shelf life is sufficient for the consumption of the goods;
– lack of satisfaction of the Customer from the use of the relevant product.
(5) Within 10 days from the return of the goods with defects, in case the Customer’s complaint is justified, the Supplier delivers new goods of the same type and quantity, corresponding to what is specified in the Customer’s order and the legal requirements, such as the costs of delivery are at your expense
of the Supplier. In the event that the Supplier is unable to deliver goods without defects, within the period of the previous sentence, the Supplier shall return to the Customer the price paid for the goods to the bank account specified by the Customer.
Art. 19 Given the specifics of the goods offered, the Supplier is not obliged to provide service for the goods.
VIII. protection of personal data
Art. 20 (1) By placing an order for the delivery of goods, the Customer agrees that the personal data provided by him will be collected and processed by the Supplier for the purposes of registration on the Supplier’s website, for the conclusion and execution of contracts for the delivery of goods, the exercise of the parties’ rights under them, as well as for statistical and marketing purposes, incl. for sending surveys and other surveys, newsletters, promotional materials, etc. similar.
(2) The Provider takes measures to protect the personal data of the Customers in accordance with the Personal Data Protection Act and its internal rules.
(3) In connection with the collection and processing of personal data by the Supplier, natural persons have the rights according to Art. 26 et seq. of the Personal Data Protection Act.
Art. 21 (1) The Supplier stores information or receives access to information stored in the Client’s end device in order to facilitate the Client’s entry to the Supplier’s site, facilitate the process of filling the basket and paying for the ordered goods, for which the Client gives his express consent consent.
(2) The Customer has the right at any time to make a statement to the Provider to refuse further storage or access to the information.
(3) The Customer has the right at any time to receive from the Provider information about the data stored in the end device.
IX. Liability
Art. 22 (1) The provider is not liable in case of non-performance, which is the result of force majeure, random events, lack of connection and/or access to the site, delay, or other problems on the Internet, technical or other objective reasons, including impossibility for implementation due to orders of the competent state authorities and/or changes in the regulations governing the trade in nutritional supplements and electronic trade in general.
(2) The Supplier is not responsible for damages from comments, opinions and publications under the products, news and articles on the Supplier’s website, including damage to the health of the Customers.
Art. 23 (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 delivery contract, provision of access to information, loss or change of data, which occurred as a result of the actions of a third party who represents the Customer, if it can be judged from the circumstances ( including username and password entered) that this person is the Customer.
Art. 24 (1) The Supplier is not responsible for non-delivery or delayed delivery in cases where the delivery address provided by the Customer is inaccurate, incomplete or the person specified in the order who should receive the delivery cannot be found at the same address.
(2) For deliveries using the services of a courier, the delivery rules of the respective courier service shall apply, including number of site visits, time of visits, etc.
X. Other Terms
Art. 25 (1) The Customer and the Supplier 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, the specific delivery contract and these general terms and conditions.
(2) The Customer and the Supplier undertake, during and after the expiration of the delivery 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. will be considered public domain.
Art. 26 (1) Bulgarian law applies to issues not settled in these General Terms and Conditions and in the delivery contracts concluded based on them.
(2) All disputes in connection with these General Terms and Conditions and delivery contracts, in case the parties do not reach an agreement, will be referred to the competent Bulgarian court for resolution.
These general terms and conditions have been updated and accepted by the Supplier’s governing body on 25.06.2019.
