GENERAL TERMS OF USE

GENERAL TERMS OF THE ONLINE STORE

www.bibiotic.com 

I. SUBJECT
Art. 1. These general terms are intended to regulate the relations between EKOKOM Group AD, village of Yasen, 18 Lyuben Karavelov St., hereinafter referred to as the SUPPLIER, and the clients, hereinafter referred to as USERS, of the online store www.bibiotic.com, hereinafter referred to as the “ONLINE STORE”.

II. SUPPLIER DETAILS
Art. 2. Information in accordance with the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: EKOKOM Group AD
2. Registered office and address: village of Yasen, 18 Lyuben Karavelov St.
3. Address for business activity: village of Yasen, 18 Lyuben Karavelov St.
4. Correspondence details: village of Yasen, 18 Lyuben Karavelov St.
5. Registration in public registers: UIC 208000837
. Supervisory authorities:
(1) Commission for Personal Data Protection
Address: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.,
tel.: (02) 940 20 46
fax: (02) 940 36 40
Email: [email protected], [email protected]
Website: www.cpdp.bg

(2) Consumer Protection Commission
Address: 1000 Sofia, 4A Slaveykov Sq., fl. 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
8. VAT registration No. BG ………………..

III. CHARACTERISTICS OF THE ONLINE STORE
Art. 3. The online store is accessible at www.bibiotic.com, through which Users can conclude contracts for the purchase and delivery of goods offered by the ONLINE STORE, including the following:
1. To register and create a profile to browse the ONLINE STORE and use additional information services;
2. To make electronic statements in connection with the conclusion or performance of contracts with the ONLINE STORE through the interface of the ONLINE STORE website, accessible online;
3. To conclude contracts for the purchase and delivery of goods offered by the ONLINE STORE;
4. To make any payments related to contracts concluded with the ONLINE STORE, according to the payment methods supported by the ONLINE STORE.
5. To receive information about new goods offered by the ONLINE STORE;
6. To view goods, their characteristics, prices, and delivery terms;
7. To be notified of rights arising from the law, mainly through the interface of the ONLINE STORE website;
8. To exercise the right to withdraw from a distance contract for goods offered by the Supplier, where the right of withdrawal is applicable;

Art. 4. The Supplier delivers the goods and guarantees the rights of the Users provided by law, within the framework of good faith, accepted practices, consumer or commercial law criteria and conditions.

Art. 5. (1) Users conclude a contract for the purchase of goods offered by the ONLINE STORE through the Supplier’s interface, available on its website or other remote communication means.
(2) Under the contract concluded with the Users for the purchase of goods, the Supplier undertakes to deliver and transfer ownership of the goods specified by the User through the interface.
(3) Users pay the Supplier remuneration for the delivered goods according to the terms specified in the ONLINE STORE and these general terms. The remuneration is the price announced by the Supplier at the ONLINE STORE website.
(4) The Supplier delivers the goods ordered by the Users within the timeframes and under the conditions specified by the Supplier on the online store website and according to these general terms. (5) The delivery price is determined separately and explicitly from the price of the goods.

Art. 6. (1) The User and the Supplier agree that all statements between them regarding the conclusion and performance of the purchase contract may be made electronically and by 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 electronic statements made by Users on the site are made by the persons specified in the data provided by the User during registration, if the User has entered the respective username and password.

IV. USE OF THE ONLINE STORE
Art. 7. (1) To use the ONLINE STORE for concluding purchase contracts, the User must enter a username and password for remote access, in cases where the online store requires registration.
(2) The username and password for remote access are determined by the User, by electronic registration on the Supplier’s website.
(3) By filling in their data and clicking the “Yes, I accept” or “Register” buttons, the User declares that they are familiar with these general terms, agree with their content, and undertake to comply with them unconditionally.
(4) The Supplier confirms the User’s registration by sending a letter to the email address provided by the User, which also contains information for activating the registration. The User confirms the registration and conclusion of the contract via an electronic link in the letter notifying them of the registration, sent by the Supplier. After confirmation, a User account is created and contractual relations arise between the User and the Supplier.
(5) Upon registration, the User is obliged to provide accurate and up-to-date data. The User promptly updates the data specified in their registration in case of changes.
(6) To use the full functionality of the Supplier’s online store, the User is obliged to register on the online store website. The Supplier is not liable if, due to lack of registration, the User is unable to use the full functionality of the online store, including exercising rights under the contract, claiming a lower price, and other similar functions.
(7) These general terms may be accepted by Users without registration in the ONLINE STORE by explicit statement, including through the ONLINE STORE website.

Art. 8. (1) The email address provided during the User’s initial registration, as well as any subsequent email address used for communication between the User and the Supplier, is the “Primary Email Address” within the meaning of these general terms. The User has the right to change their Primary Contact Email Address.
(2) Upon receipt of a request to change the Primary Contact Email Address, the Supplier sends a confirmation request to the new Primary Contact Email Address specified by the User.
(3) The change of the Primary Contact Email Address is made after confirmation by the User, expressed via a link contained in the confirmation request sent by the Supplier to the new Primary Contact Email Address specified by the User.
(4) The Supplier informs the User of the change by email sent to the Primary Contact Email Address specified by the User before the change under para. 2.
(5) The Supplier is not liable to the User for unauthorized change of the Primary Contact Email Address.
(6) The Supplier may require the User to use the Primary Contact Email Address in specific cases.

V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT
Art. 9. (1) Users mainly use the Supplier’s website interface to conclude contracts for the purchase of goods offered by the Supplier in the ONLINE STORE. (2) The contract is concluded in Bulgarian.
(3) The contract between the Supplier and the User constitutes these general terms, available on the ONLINE STORE website.
(4) The party to the contract with the Supplier is the User according to the data provided during registration and contained in the User’s personal profile. For the avoidance of doubt, these are the data with which the account was created with the Supplier.
(5) The Supplier includes in the website interface technical means for detecting 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 Supplier or acceptance of the general terms in another explicit manner, including by statement on the Supplier’s website. The contract for the purchase of goods is considered concluded from the moment it is ordered by the User through the Supplier’s interface.
(7) For the conclusion of this contract and the contract for the purchase of goods, the Supplier explicitly notifies the User in an appropriate manner by electronic means. (8) The statement for concluding the contract and the confirmation of its receipt are considered received when their addressees have access to them.
(9) The Supplier delivers the goods to the address specified by the Users and is not liable if the data provided by the Users is incorrect or misleading.

Art. 10. (1) Users conclude the purchase contract with the Supplier by the following procedure:
Registration in the ONLINE STORE and provision of the necessary data, if the User does not already have a registration in the ONLINE STORE or by ordering goods without registration;
Logging into the ONLINE STORE order system by identifying with a username and password or other identification method;
Selecting one or more of the goods offered in the ONLINE STORE and adding them to a shopping list;
Providing data for delivery;
Choosing the method and time of payment of the price.
Order confirmation;
(2) Users may also conclude the purchase contract with the Supplier without registration, using the relevant functionality in the online store interface.

VI. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The rules of this Section VI of these general terms apply to Users who, according to the data provided for concluding the purchase contract or during registration in the ONLINE STORE, can be considered consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011.

Art. 12. (1) The main characteristics of the goods offered by the Supplier are specified in the profile of each product on the ONLINE STORE website.
(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the ONLINE STORE website.
(3) The value of postal and transport costs not included in the price of the goods is determined by the Supplier and provided as information to Users at one of the following times before the contract is concluded:
– In the profile of each product on the Supplier’s ONLINE STORE website;
– When selecting goods for concluding the purchase contract;
(4) The method of payment, delivery, and performance of the contract is specified in these general terms, as well as in the information provided to the User on the Supplier’s website.
(5) The information provided to Users under this article is current at the time of its display on the Supplier’s website before the conclusion of the purchase contract.
(6) The Supplier must specify the delivery terms for individual goods on its website.
(7) The Supplier specifies before the conclusion of the contract the total value of the order for all goods contained therein.
(8) Users agree that all information required by the Consumer Protection Act may be provided through the ONLINE STORE platform interface or by email.

Art. 13. (1) The User agrees that the Supplier has the right to accept advance payment for contracts for the purchase of goods and their delivery concluded with the User. (2) The User independently chooses whether to pay the Supplier the delivery price of the goods before or at the time of delivery.

Art. 14. (1) The User has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods using the standard withdrawal form available on the Supplier’s website. Information on exercising the right of withdrawal is available on the Supplier’s website. Users may also use another unambiguous statement that can be recorded on a durable medium.
(2) The right of withdrawal under para. 1 does not apply in the following cases:
1. for the delivery of goods made to the User’s order or according to their individual requirements;
2. for the delivery of goods which, by their nature, may deteriorate in quality or have a short shelf life;
3. for the delivery of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
4. for the delivery of goods which, after delivery and by their nature, have been mixed with other goods from which they cannot be separated;
5. for the delivery of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
6. for the delivery of newspapers, periodicals, or magazines except for subscription contracts for the supply of such publications;
(3) When the Supplier has not fulfilled its obligations to provide information as specified in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within up to one year and 14 days from the date of receipt of the goods. When the information is provided to the User within the withdrawal period, it begins to run from the date of its provision. The User has the right to submit the withdrawal statement under this article directly to the Supplier using the standard withdrawal form available on the Supplier’s website.
(4) When the User has exercised the right to withdraw from a distance contract or an off-premises contract, the Supplier refunds all amounts received from the User, including delivery costs, without undue delay and no later than 14 days from the date on which it was informed of the User’s decision to withdraw from the contract. The Supplier refunds the amounts received using the same payment method used by the User in the initial transaction, unless the User has expressly agreed to use another payment method and provided that this does not incur costs for the User.
(5) When exercising the right of withdrawal, the costs of returning the delivered goods are borne by the User and the costs of returning the goods are deducted from the amount paid by the User under the contract. The Supplier is not obliged to refund additional delivery costs if the User has expressly chosen a delivery method other than the cheapest standard delivery offered by the Supplier.
(6) The User is obliged to store the goods received from the Supplier and ensure the preservation of their quality and safety during the period under para. 1.
(7) 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 ONLINE STORE website.
(8) When the Supplier has not offered to collect the goods itself, it may withhold payment to the User until it receives the goods or until the User provides proof that they have sent the goods back, whichever occurs first.

Art. 15. (1) The delivery period of the goods and the starting point from which it runs is specified for each product individually upon conclusion of the contract with the User through the Supplier’s website, unless the goods are ordered in one delivery.
(2) If the User and the Supplier have not specified a delivery period, the delivery period for the goods is 30 working days from the day following the sending of the User’s order to the Supplier through the online store website.
(3) If the Supplier cannot fulfill the contract because it does not have the ordered goods, it is obliged to notify the User and refund the amounts paid by them.

Art. 16. (1) The Supplier delivers the goods to the User after certifying compliance with the information requirements to the User under the Consumer Protection Act.
(2) The User and the Supplier certify the circumstances under para. 1 in writing at the time of delivery by handwritten signature, unless otherwise agreed.
(3) The User and the Supplier agree that the requirements under para. 1 will be deemed fulfilled if the certification is made by a person who, according to the circumstances, can be assumed to deliver the information to the User – party to the contract.

VII. OTHER TERMS
Art. 17. The Supplier delivers and transfers the goods to the User within the period specified upon conclusion of the contract.

Art. 18. The User must inspect the goods at the time of delivery and transfer by the Supplier and if they do not meet the requirements, notify the Supplier immediately.

VIII. PERSONAL DATA PROTECTION
Art. 19. (1) The Supplier takes measures to protect the User’s personal data in accordance with the Personal Data Protection Act.
(2) For security reasons regarding Users’ personal data, the Supplier will send the data only to the email address provided by the Users at the time of registration.
(3) The Supplier adopts and publishes a Personal Data Protection Policy on its website.
(4) Users agree that the Supplier has the right to process their personal data necessary for fulfilling orders in the online store and performing the contract.

Art. 20. (1) At any time, the Supplier has the right to require the User to identify themselves and verify the authenticity of any of the circumstances and personal data announced during registration.
(2) If, for any reason, the User has forgotten or lost their username and password, the Supplier has the right to apply the announced Procedure for lost or forgotten usernames and passwords.

IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS
Art. 21. (1) These general terms may be amended by the Supplier, who will notify in an appropriate manner all Users who have registered. (2) The Supplier and the User agree that any supplement and amendment to these general terms will take effect with respect to the User after their explicit notification by the Supplier and if the User does not declare within the provided 30-day period that they reject them.
(3) The User agrees that all statements of the Supplier regarding the amendment of these general terms will be sent to the email address provided by the User during registration. The User agrees that emails sent under this article do not need to be signed with an electronic signature to be effective with respect to them.
Art. 22. The Supplier publishes these general terms on its website together with all supplements and amendments thereto.

X. TERMINATION
Art. 23. These general terms and the User’s contract with the Supplier are terminated in the following cases:
upon termination and liquidation or declaration of insolvency of either party to the contract;
by mutual agreement of the parties in writing;
unilaterally, with notice from either party in case of non-performance of the obligations of the other party;
in case of objective impossibility of either party to fulfill its obligations;
upon seizure or sealing of equipment by state authorities;
in case of deletion of the User’s registration on the ONLINE STORE website. In this case, concluded but unfulfilled purchase contracts remain in force and are subject to execution;
in case of exercising the right of withdrawal under Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the respective ordered goods is terminated, if the right of withdrawal is applicable to the respective category of goods.

XI. OTHER TERMS
Art. 24. The possible invalidity of any provision of these general terms shall not lead to the invalidity of the entire contract.

Art. 25. For matters not settled in this contract related to its performance and interpretation, the laws of the Republic of Bulgaria shall apply.

Art. 26. All disputes between the parties to this contract shall be resolved by the competent court or the Consumer Protection Commission.