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on an electronic store HHS HEALTH
PRODUCTS
I. SUBJECT
Art. 1. These general terms and
conditions ("General terms and conditions") are intended to regulate
the relations between " DREAM
TTB LTD." , entered in the commercial register at the Registration Agency
under EIK 207336906., with registered office and address of management: Sofia, Krasno selo, bl.194, vh. V, ap. 52,
hereinafter referred to as “Supplier”, and the customers, hereinafter referred
to as “Users”, of an electronic store hhshealthproductsbg.com ("Electronic
Store"), owned by the Supplier.
II. PROVIDER DATA
Art. 2. (1) Information according
to the Electronic Commerce Act and the Consumer Protection Act regarding the
Provider:
1. Name of the Supplier: "
DREAM TTB LTD "
2. Headquarters and address of
management: Sofia, Krasno selo, bl.194, vh. V, ap. 52
3. Correspondence details: phone +359878964066;
+359879597544, e-mail address: hhseuinfo@gmail.com, website: hhshealthproductsbg.com,
4. Entry in public registers:
Commercial Register at the Registration Agency, EIK 207336906
5. Registration under the Value
Added Tax Act No. BG 207336906
6. Address for submitting
complaints by users: phone +359878964066; +359879597544, e-mail address:
hhseuinfo@gmail.com, website: hhshealthproductsbg.com,
(2) Supervisory authorities:
1. Commission for Personal Data Protection
Address: city of Sofia, p. k.
1592, "Prof. Tsvetan Lazarov" No. 2,
phone (02) 91 53 519, fax: (02)
91 53 525
email: kzld@cpdp.bg
website: www.cpdp.bg
2. Consumer Protection Commission
Address: city of Sofia, p. k.
1000, "Slaveykov" square #4A, floors 3, 4 and 6,
phone (02) 933 05 65
fax: (02) 988 42 18
hotline: 0700 111 22
Email: info@kzp.bg
website: www.kzp.bg
III. CHARACTERISTICS OF THE
ELECTRONIC STORE
Art. 3. The e-shop is an
e-commerce platform available at the internet address https:// hhshealthproductsbg.com, through which the
Users have the opportunity to conclude contracts for the purchase and sale and
delivery of the goods offered by the Supplier in the Electronic Store,
including the following:
1. To familiarize themselves with
and review the goods, prices and terms of delivery offered by the Supplier;
2. To be informed about the
nature and main characteristics of the goods;
3. To enter into contracts with
the Supplier for the purchase and sale and delivery of the goods offered in the
Electronic Store;
4. To make electronic statements
in connection with the conclusion, implementation, execution and termination of
contracts with the Supplier through the interface of the page of www hhshealthproductsbg.com, including through
tools and applications for mobile devices available on it;
5. To be notified of the rights
arising from the law;
6. To exercise their right to opt
out, where applicable, under the Consumer Protection Act.
Art. 4. The Supplier organizes
the delivery of the goods and guarantees the rights of the Users provided for
by law, within the framework of good faith, criteria and conditions adopted in
practice, consumer or commercial law.
Art. 5. (1) Users conclude a
contract for the purchase and sale of goods with the Supplier according to the
procedure specified in Art. 8. The contract is concluded in Bulgarian and is
stored in the database of the Supplier in the platform.
(2) Users have the opportunity to
review and correct errors when entering information no later than sending the
statement to conclude the contract with the Supplier. Finding and correcting
errors according to the previous sentence can be done by editing the order form
at any time until the declaration of the conclusion of the contract with the
Supplier.
(3) Pursuant to the contract
concluded with the Users for the purchase and sale of goods, the Supplier
undertakes to organize the delivery and transfer of ownership to the User of
the goods specified by him through the interface in the Electronic Store.
(4) Users shall pay the Supplier
remuneration for the delivered goods, in accordance with the conditions set out
in the Electronic Store and these General Terms and Conditions. The
remuneration is equal to the price announced in the Electronic Store.
IV. USE OF THE ELECTRONIC STORE
Art. 6. (1) The Electronic Store
can be used after registration in the Electronic Store and creation of a User
profile or without prior registration.
(2) The User's registration in
the Electronic Store is free, voluntary and is carried out in the relevant
section of the Electronic Store.
(3) Regardless of whether the
User registers or does not register in the Electronic Store in order to use the
Electronic Store to conclude contracts for the purchase and sale of goods, the
User should enter the following data: first name, last name, e-mail address,
phone number contact, delivery address and agree to these Terms and Conditions.
(4) By filling in his data and
pressing the "PAYMENT" button and marking his agreement with the
General Terms and Conditions, the User declares that he is familiar with these
General Terms and Conditions, agrees with their content and undertakes to abide
by them unconditionally.
(5) Delivery the check confirms
the order made by the User by sending an electronic statement to the e-mail
address specified by the User or by telephone call to the telephone number
specified by the User and contractual relations arise between him and the
Supplier under a contract for the purchase and sale of goods.
(6) 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 profile in the
Electronic Store or in the order when the provided data is changed.
(7) If the User provides false
information or the Provider has grounds to assume that the information provided
by the User is incomplete or unreliable, the Provider has the right, at its
discretion, to block or delete the User's registration and deny him the use of
the Electronic Store.
V. TECHNICAL STEPS FOR CONCLUSION
OF A PURCHASE-SALE AGREEMENT
Art. 7. Users primarily use the
interface of the Electronic Store page, including the tools and applications
for mobile devices available on it, to conclude contracts for the purchase and
sale of goods offered by the Supplier in the Electronic Store.
Art. 8. The User and the Supplier
conclude the contract for the purchase and sale of the goods in the Electronic
Store according to the following procedure:
1. The User chooses one or more
of the goods offered by the Supplier, for which a purchase and sale contract
will be concluded.
2. The User fills out an order
form and provides the necessary data for the identification of the User as a
party to the contract for the purchase and sale of goods;
3. The user chooses a method of
delivery and provides the data for carrying out the delivery.
4. The user chooses the method
and moment of payment of the price.
5. The user submits the order
(offer) by pressing the "PAYMENT" button, after agreeing to the
General Terms and Conditions and the Privacy Policy.
6. The Supplier confirms the
order made by the User (accepts the User's offer) by sending an electronic
statement to the e-mail address specified by the User or by calling the
telephone number specified by the User. The Supplier shall provide the User on
a durable medium with confirmation of the concluded contract within a
reasonable period of time after concluding the distance contract or at the
latest at the time of delivery of the goods.
VI. CONTENTS OF THE AGREEMENT
Art. 9. (1) The Supplier and the
Users conclude separate contracts for the purchase and sale of the goods
requested by the Users, regardless of whether they are selected with one
electronic statement.
(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.
(4) The Supplier has the right at
its discretion to refuse the execution of a User's order, for which the
Supplier notifies the User in an appropriate period, without being obliged to
indicate a reason for the refusal.
Art. 10. 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. 11. The user pays 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. 12. The rules of this
Section VII of these General Terms and Conditions apply only to Users for whom,
according to the data specified for the conclusion of the sales contract, it
can be concluded that they are users within the meaning of the Consumer
Protection Act.
Art. 13. (1) The main
characteristics of the goods offered by the Supplier in the Electronic Store
are described in the profile of each product in the Electronic Store.
(2) The prices of the goods,
including all taxes and fees, are determined and indicated in the profile of
each product in the Electronic Store.
(3) The value of the postal or
transport costs, not included in the price of the goods, is determined by the
Supplier in the Electronic Store 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 and
tools in the Electronic Store.
(5) The information, provision
of the Users under this article is
current at the time of its visualization in the Electronic Store before the
conclusion of the contract of sale.
(6) Users agree that all
information required by the Consumer Protection Act and the Act on the
provision of digital content and digital services and the sale of goods can be
provided through the Electronic Store interface or e-mail.
Art. 14. (1) The User agrees that
the Supplier has the right to accept advance payment for the contracts
concluded with the User for the purchase and sale of goods and their delivery.
(2) In accordance with the
possibilities provided in the Electronic Store, the User chooses whether to pay
the Supplier 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 10,000, payment shall be made
only by transfer or payment to the Supplier's payment account.
Art. 15. (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, counting from the date of
acceptance of the goods by the Supplier, by means of the single form for
withdrawal from the contract, available on the website of the Electronic Store
in Appendix No. 1 to these General Terms and Conditions or by stating
unequivocally in another way his decision to withdraw from the contract.
Information on exercising the right of withdrawal is available in Appendix No.
2 to these General Terms and Conditions.
(2) The right of refusal does not
apply in the cases provided for in Art. 57 of the Consumer Protection Act.
(3) When the Supplier 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 one
year from the date of receipt of the goods, the User has the right to withdraw
from the contract within 14 days from the date of receipt of the information.
The User has the right to make the statement of refusal under this article
directly to the Provider through the single form for refusal of the contract,
available on the website of the Electronic Store as Appendix No. 1 to these
General Terms and Conditions or by stating unambiguously in another way his
decision to withdraw from the contract .
(4) When the User has exercised
his right to withdraw from the contract, the Supplier shall refund all amounts
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 User organizes the
return of the goods himself and at his own expense. The Supplier has no
obligation to reimburse the additional costs of delivery of the goods when the
User has expressly chosen a method of delivery of the goods other than the
cheapest type of standard delivery offered by the Supplier.
(6) The User undertakes to store
the goods received from the Supplier in the platform and to ensure the
preservation of their quality and safety during the period under para. 1 or
para. 3.
(7) Where the Supplier has not
offered to collect the goods himself, he may withhold payment of the sums to
the User until he has received the goods or until the User has provided proof
that he has sent the goods back, whichever has occurred earlier.
(8) When the User exercises his
right to withdraw from the contract and when the Supplier has not offered to
collect the goods himself, the User must send or hand over the goods back to
the Supplier or a person authorized by him without undue delay and no later
than 14 days , starting from the date on which the User notified the Provider
of his decision to withdraw from the contract. The deadline is considered to be
met if the User sends or hands over the goods back to the Supplier before the
expiry of the 14-day period.
(9) The User shall pay only the
direct costs for the return of the goods under the preceding paragraph, except
in cases where the Supplier has agreed to pay them, or if the Supplier has not
informed him that the costs of returning the goods are paid by the User.
(10) The user is only responsible
for the reduced value of the goods caused by testing them other than what is
necessary to establish their nature, characteristics and good functioning. The
user is not responsible for the reduced value of the goods when Dos the seller did not inform him of his right of
withdrawal.
Art. 16. (1) The term of delivery
of the goods is determined for each good separately when concluding the
contract with the user through the Electronic Store.
(2) If the Supplier cannot
fulfill the contract due to the fact that it does not have the ordered goods,
it is obliged to notify the User of this and to refund the amounts paid by it.
VIII. PERFORMANCE OF AGREEMENT
Art. 17. (1) The Supplier may organize
the delivery and handing over of the goods to the User by a relevant courier
within the time limit specified at the conclusion of the contract.
(2) If the term under para. 1 is
not expressly agreed between the parties at the conclusion of the contract, the
Supplier organizes the delivery and handover within a reasonable time. If the
Supplier fails to organize the delivery within the specified period, the same
is obliged to notify the User in advance.
(3) If the User is not present at
the specified delivery address at the agreed delivery time and has not properly
secured a third party to receive the delivery, the Supplier will make the
delivery at another convenient time for the Supplier, and the User must pay an
additional price for the delivery, according to the tariff of the courier or
postal operator.
Art. 18. (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.
(2) If the User does not notify
the Supplier according to the previous paragraph, the goods are considered to
be approved as meeting the requirements, except for hidden defects.
IX. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Provider
processes the personal data provided by the Users in accordance with its
Privacy Policy and in accordance with Regulation (EU) 2016/679 of the European
Parliament and of the Council of April 27, 2016 on the protection of natural
persons in connection with the processing of personal data and on the free
movement of such data and for the repeal of Directive 95/46/EC (General Data
Protection Regulation), the Personal Data Protection Act and other provisions
of the applicable Bulgarian legislation on personal data protection.
(2) The Supplier's privacy policy
is available at the Internet address: https://hhshealthproductsbg.com, and is
an integral part of these General Terms and Conditions.
(3) The Provider has the right to
store information or obtain access to information stored in the end device of
the User in accordance with the "Policy on the use of cookies",
provided that:
1. The Supplier has provided the
User with clear and comprehensive information under Art. 13 of Regulation (EU)
2016/679; and
2. The Provider provided the User
with the opportunity to refuse storage or access to the information.
(4) The User agrees that the
Provider has the right to collect, store and process data on the User's
behavior when using the Electronic Store. The user has the right to object to
the storage or access to the information under para. 2 in the ways provided for
in the Privacy Policy.
Art. 20. At any time, the
Supplier has the right to require the User to identify himself and to certify
the authenticity of any of the circumstances and personal data announced during
the registration on the platform and/or placing the order.
X. AMENDMENT AND ACCESS TO THE
TERMS
Art. 21. (1) These General Terms
and Conditions are an integral part of the Agreement concluded between the
Parties.
(2) By concluding the Agreement,
the User declares that he is familiar with these General Terms and Conditions
and accepts them.
(3) The User and the Supplier
agree that all statements between them in connection with the conclusion,
execution, amendment and termination of the Agreement and these General Terms and
Conditions may be made electronically and through electronic statements within
the meaning of the Law on Electronic Documents and Electronic authentication
services and Art. 11 of the Electronic Commerce Act.
(4) It is assumed that the
electronic statements made by the Users of the Electronic Store were made by
the persons specified in the data provided by the User when registering the
User in the Electronic Store or when sending an order (offer) by the User
without registration made.
(5) The User agrees to receive
all statements, documents and messages of the Supplier in electronic form at
the e-mail address specified by the User during his registration in the
Electronic Store or when placing an order (offer).
(6) Electronic statements,
documents and any messages sent by the User to the Supplier via the e-mail
address specified by the User during his registration in the Electronic Store
or when placing an order (proposal) are considered to be signed with a simple
electronic signature. The electronic statement is considered to have been
received upon its entry into any of the information systems specified by the
User under the preceding sentence.
(7) The parties agree that the
legal force of the ordinary electronic signature is equivalent to that of the handwritten signature.
Art. 22. Conditions other than those stipulated in the
General Terms and Conditions may be agreed with additional written agreements
between the Provider and the User. In case of inconsistency between the
agreement in the additional written agreements and the General Terms and
Conditions, the agreement shall prevail.
Art. 23. (1) These General Terms and Conditions may be
amended by the Provider, of which the latter shall notify the Users in an
appropriate manner.
(2) The Provider and the User agree that any addition
and/or amendment to these General Terms and Conditions will be effective
against the User in one of the following cases:
1. after being expressly notified by the Provider at the
e-mail address provided by the User and if the User does not state within the
14-day period provided to him that he rejects them; or
2. with their explicit acceptance by the User when
placing an order in the Electronic Store.
(3) The application for rejection of an amendment and/or
addition to the General Terms and Conditions within the period under the
preceding paragraph is equivalent to a unilateral application for termination
of the Agreement.
Art. 24. The Provider publishes the General Terms and
Conditions, together with all amendments and additions to them, on the Internet
at the electronic address: hhshealthproductsbg.com
XI. TERMINATION
Art. 25. These general conditions and the User's contract
with the Supplier are terminated in the following cases:
1. upon termination and declaration of liquidation or
declaration of bankruptcy of one of the parties to the contract;
2. by mutual agreement of the parties in writing;
3. in case of objective inability of one of the parties
to the contract to fulfill its obligations;
4. when the equipment is seized or sealed by state
authorities;
5. in case of deletion of the User's registration in the
Electronic Store. In this case, already concluded but unfulfilled sales
contracts remain in force and subject to execution;
6. in the cases under Art. 23, para. 3.
Art. 26. The Supplier has the right at its discretion,
without giving notice and without paying compensation, to unilaterally
terminate the contract, in the event that it finds that the User uses the
Electronic Store in violation of these General Terms and Conditions, the
legislation in the Republic of Bulgaria, generally accepted moral norms or
generally accepted rules and practice in electronic commerce.
XII. RESPONSIBILITY
Art. 27. The User undertakes to indemnify and indemnify
the Provider against legal claims and other claims of third parties (whether
justified or not), for all damages and costs (including attorney's fees and
court costs) arising from or in connection with (1) non-fulfillment of any of
the obligations under this contract, (2) violation of copyright, production,
broadcasting rights or other rights on intellectual or industrial property, (3)
illegal transfer to other persons of the rights granted to the User , for the
term and under the terms of the contract and (4) falsely declaring the presence
or absence of the status of consumer within the meaning of the Consumer
Protection Act.
Art. 28. 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. 29. (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 losses, caused to the
User in the process of using or not using the Electronic Store and concluding
sales contracts with the Supplier.
(3) The Supplier is not responsible for the time during
which the Electronic Store was not accessible due to force majeure.
(4) The supplier is not responsible for damages from
comments, opinions and publications under the products, news and articles in
the Electronic Store.
Art. 30. (1) The supplier is not responsible in case of
overcoming the security measures of the technical equipment and this results in
loss of information, dissemination of information, access to information,
restriction of access to information and other similar consequences.
(2) The Supplier shall not be liable in the event of the
conclusion of a contract for purchase and sale, provision of access to
information, loss or change of data occurring as a result of false
identification of a third party who presents himself as the User, if the
circumstances can believes that this person is the User.
XIII. OTHER TERMS
Art. 31. (1) The User and the Supplier undertake to
protect each other's rights and legal interests, as well as to protect their
trade secrets, which became their knowledge in the process of executing the
contract and these General Terms and Conditions.
(2) The User and the Supplier undertake, during and after
the expiration of the contract period, not to make public any written or oral
correspondence between them. Publication of correspondence in print and
electronic media, social networks, Internet forums, private or public websites,
etc. can be considered public domain.
Art. 32. The possible invalidity of any of the provisions
of these general terms and conditions does not lead to the invalidity of other
provisions of the General Terms and Conditions or the contract.
Art. 33. 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.
§1. These general conditions enter into force on 21.09.2023.
Appendix № 1
Standard form for exercising the right to withdraw from
the contract:
(complete and submit this form only if you wish to opt
out
contract)
- To (merchant name, address and e-mail address to be
filled in by
merchant):
- I/we hereby notify* that I/we waive* the agreements
made by
me/us* contract 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
-------------------------------------------------- ----
* Unnecessary is crossed out.
Appendix No. 2
Information on exercising the right to withdraw from the
contract
Standard opt-out guidelines:
I. Right to withdraw from the contract remotely or off-premises.
II. You have the right to withdraw from this contract
without giving reasons within 14 days.
III. 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.In order to exercise your right of withdrawal, you must
notify us of your decision to withdraw from the contract with an unequivocal
statement in a letter sent by e-mail. You can use the attached standard form to
exercise the right to withdraw from the contract, but this is not mandatory.
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.
IV. 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 process the refund using the same means of
payment used by You in the original transaction, unless You expressly agree
otherwise; 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.
We expect you to send us or return the goods to the
warehouse of HHS HEALTH PRODUCTS No. 19 "Simeon Petrov" street,
Bozhurishte, reg. Sofia without undue delay and in any case no later than 14
days after the day on which you informed us of your withdrawal from this
contract.
The deadline is considered to be met if you send the
goods back to us before the expiry of the 14-day period.";