GENERAL TERMS AND CONDITIONS OF E-SHOP
Art. 1. These General Terms and Conditions are intended to regulate the relations between "H2MEDICAL" Ltd. Varna, "Radost" 2B str. , app.28, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as the USERS, of the electronic shop www.h2-med.com, hereinafter referred to as the "ELECTRONIC SHOP".
II. DETAILS OF THE SUPPLIER
Art. 2. Information in accordance with the E-Commerce Act and the Consumer Protection Act:
1. Name of the Supplier.
2. "H2MEDICAL" LTD.
3. Address for the exercise of the activity Varna City, "Radost" 2B str. , app.28;
4. Correspondence data. Varna, "Radost" 2B str. , app.28;
5. UIC 202179575
6. Supervisory bodies.
(1) Personal Data Protection Commission
Address. Sofia 1592, Prof. Blvd. Tsvetan Lazarov" No. 2
Tel: (02) 940 20 46
Fax: (02) 940 36 40
Email: email@example.com, firstname.lastname@example.org
(2) Consumer Protection Commission
Address. Sofia, Slaveykov Square №4A, floors 3, 4 and 6,
Tel.: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
7. Registration under the Value Added Tax Act No. EN ...................
III. FEATURES OF THE E-SHOP
Art. 3. The E-shop is accessible at the Internet address www.h2-me.com, through which Users are able to conclude contracts for the purchase and delivery of the goods offered by the E-shop, including the following:
1. To register and create an account to view the ELECTRONIC SHOP and use the additional services for providing information;
2. To make electronic statements in connection with the conclusion or performance of contracts with the ELECTRONIC SHOP through the interface of the page of the ELECTRONIC SHOP accessible on the Internet;
3. To conclude contracts for the purchase and sale and delivery of the goods offered by the ELECTRONIC SHOP;
4. To make any payments in connection with the concluded contracts with the ELECTRONIC SHOP, according to the payment methods supported by the ELECTRONIC SHOP.
5. To receive information about new goods offered by the ELECTRONIC SHOP;
6. To view the goods, their characteristics, prices and delivery conditions;
7. To be informed of the rights arising from the law mainly through the interface of the ELECTRONIC SHOP's website;
8. To exercise the right of withdrawal from the contract concluded at a distance for the goods offered by the Supplier for which 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, the criteria and conditions accepted in practice, consumer or commercial law.
Art. 5. (1) Users shall conclude a contract for the purchase and sale of the goods offered by the ELECTRONIC SHOP through the interface of the Provider, accessible on its website or other means of remote communication.
(2) By virtue of the contract for the purchase of goods concluded with the Users, the Supplier undertakes to deliver and transfer the ownership to the User of the goods specified by him through the interface.
(3) The Users shall pay to the Supplier the remuneration for the delivered goods in accordance with the terms set out on the ELECTRONIC SHOP and these General Terms and Conditions. The remuneration shall be in the amount of the price announced by the Supplier at the address of the ELECTRONIC SHOP on the Internet.
(4) The Supplier shall deliver the goods ordered by the Users within the terms and conditions set by the Supplier on the E-shop website and in accordance with these General Terms and Conditions. (5) The price for delivery shall be determined separately and expressly from the price of the goods.
Art. 6. (1) The User and the Supplier agree that all statements between them in connection with 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 E-Commerce Act.
(2) Electronic statements made by Users of the Website shall be presumed to have been made by the persons indicated in the data provided by the User when registering, if the User has entered the corresponding username and password.
IV. USE OF THE E-SHOP
Art. 7. (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 remote access name and password chosen by the User in cases where 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 "Yes, I accept" or "Register" buttons, the User declares that he/she is familiar with these General Terms and Conditions, agrees with their contents 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 indicated by the User, to which information on activation of the registration is also sent. The User confirms the registration and the conclusion of the contract by means of an electronic reference in the letter notifying him of the registration sent by the Provider. After confirmation, the User's account is created and a contractual relationship is established between the User and the Provider.
(5) When registering, the User undertakes to provide correct and up-to-date data. The User shall promptly update the data specified in his registration in the event of a change.
(6) In order to use the full functionality of the Supplier's e-shop, the User is obliged to register on the e-shop website. The Supplier shall not be liable in the event that, due to lack of registration, the User has not been able to use the full functionality of the e-shop, including with regard to the exercise of contractual rights, the possibility to claim a lower price and other similar functions.
(7) These General Terms and Conditions may also be accepted by the Users without registration in the ELECTRONIC SHOP by express will, including through the ELECTRONIC SHOP website.
Art. 8. (1) The electronic address provided during the initial registration of the User, as well as any subsequent electronic address used for the exchange of statements between the User and the Provider, is a "Primary electronic address" within the meaning of these general terms and conditions. The User has the right to change his Primary Contact Email Address. (2) Upon receipt of a request to change the Main contact email address, the Provider sends a request for confirmation of the change. The confirmation request is sent by the Provider to the new Primary contact email address specified by the User. (3) The change of the Primary contact electronic address is carried out after confirmation by the User, expressed through a reference contained in the request for confirmation sent by the Provider to the new Primary contact electronic address specified by the User. (4) The Provider informs the User about the change made, by means of an electronic letter sent to the Primary contact email address specified by the User before making the change under para. 2. (5) The Provider shall not be liable to the User for an unlawful change of the Primary Contact Email Address. (6) The Provider may require the User to use the Main Contact Email Address in specific cases.
V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT
Art. 9. (1) Users shall primarily use the interface of the Supplier's website to conclude contracts for the purchase and sale of 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 website 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 User's personal profile. For the avoidance of doubt, these are the data with which the account with the Supplier was created.
(5) The Provider shall include in the interface of its website, 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 terms and conditions by any other express means, including a statement on the Provider's website. The contract for the purchase and sale of goods shall be deemed to have been concluded from the moment of the User's requesting it through the Supplier's interface.
(7) The Supplier shall expressly notify the User of the conclusion of this contract and of the conclusion of the contract for the purchase of goods by appropriate electronic means. (8) The statement 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. 10. (1) The 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 and other means of identification;
Selecting one or more of the goods offered on the ELECTRONIC SHOP and adding them to a list of goods to be purchased;
Providing details for making the delivery;
Selecting the method and time of payment of the price.Order Confirmation;
(2) Users may conclude the purchase contract with the Supplier without registering by using the relevant functionality in the e-shop interface;
VI. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION Art. 11. The rules of this Section VI of these General Terms and Conditions shall apply to Users who, according to the data provided for the conclusion of the purchase contract or during registration in the ELECTRONIC SHOP, can be inferred to be consumers within the meaning of the Consumer Protection Act, the E-Commerce Act and/or Directive 2011/83/EC 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 defined in the profile of each product on the website of the ELECTRONIC SHOP.
(2) The price of the goods including all taxes shall be determined by the Supplier in the profile of each good on the website of the ELECTRONIC SHOP.
(3) The value of postage and transport costs not included in the price of the goods shall be determined by the Supplier and shall be provided as information to the Users at one of the following times before the conclusion of the contract:
- In the profile of each of the goods on the Supplier's website of the ELECTRONIC SHOP;
- When selecting the goods for the conclusion of the purchase contract;
(4) The method of payment, delivery and performance of the contract is defined in these General Terms and Conditions, as well as the information provided to the User on the Supplier's website.
(5) The information provided to the Users under this Article shall be up-to-date at the time of its display on the Supplier's website prior to the conclusion of the Purchase Agreement.
(6) The Supplier shall necessarily indicate the terms of delivery of individual goods on its website.
(7) Before the conclusion of the contract, the Supplier shall indicate 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 via the interface of the ELECTRONIC SHOP platform or e-mail.
Art. 13. (1) The User agrees that the Supplier is entitled to accept advance payment for the contracts concluded with the User for the purchase and delivery of goods. (2) The User shall independently choose whether to pay the Supplier the price to deliver the goods before or at the time of their delivery.
Art. 14. (1) The Consumer shall have the right, without compensation or penalty and without giving any reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by means of a notification message sent to the following mail: email@example.com , accessible on the Supplier's website. In the absence of a notification message of cancellation of the purchase of the User to firstname.lastname@example.org, the Supplier shall not be liable for any refund for the returned goods. Information on exercising the right of withdrawal is available on the Supplier's website.
(2) The right of withdrawal under par. 1 shall not apply in the following cases:
1. for the delivery of goods made to the consumer's order or according to his 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;
4. for the delivery of goods which have been used after delivery;
5. for the supply of sealed sound or video recordings or sealed computer software which are unsealed after delivery;
6. for the supply of newspapers, periodicals or magazines, excluding subscription contracts for the supply of such publications;
(3) Where the Consumer has exercised his right to withdraw from the distance or off-premises contract, the Supplier shall refund all sums received from the Consumer, including the cost of delivery, without undue delay and not later than 14 days from the date on which he was notified of the Consumer's decision to withdraw from the contract. The Supplier shall refund the amounts received using the same means of payment used by the User in the original transaction.
(4) When the right of withdrawal is exercised, the costs of returning the delivered goods shall be borne by the consumer and the costs of returning the goods shall be deducted from the amount paid by the consumer under the contract. The Supplier shall not be obliged to reimburse the additional costs of delivery of the goods where the Consumer has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.
(5) The User shall store the goods received from the Supplier and ensure that their quality and safety are maintained during the period referred to in par. 1. (6) The User may exercise his right of withdrawal from the contract with the Provider by means of a notification message sent to mail: email@example.com , available on the Provider's website.
(7) Where the Supplier has not offered to collect the goods himself, he may withhold payment of the amounts to the Consumer until he has received the goods or until the Consumer has provided proof that he has sent the goods back, whichever is the earlier.
Art. 15. (1) The delivery period of the goods and the starting point from which it runs shall be determined for each good separately upon conclusion of the contract with the consumer through the Supplier's website, unless the goods are ordered in a single delivery.
(2) If the consumer and the Supplier have not determined a delivery period, the delivery period for the goods shall be 30 working days from the date following the consumer's order being sent to the Supplier via the e-shop website.
(3) If the Supplier is unable to perform the contract due to the fact that the ordered goods are not available, he shall notify the User and refund the amounts paid by him.
Art. 16. (1) The Supplier shall hand over the goods to the Consumer upon verification that the requirements for providing information to the Consumer under the Consumer Protection Act have been met.
(2) The consumer and the Supplier shall certify the circumstances referred to in par. (1) in writing at the time of delivery by handwritten signature, unless otherwise agreed.
(3) The Consumer and the Supplier agree that the requirements under par. 1 shall be complied with if the certification is made by a person who can be inferred from the circumstances that he will convey the information to the consumer - party to the contract.
VII. OTHER TERMS Art. 17. The Supplier delivers and hands over the goods to the User within the time limit specified at the conclusion of the contract.
Art. 18. The User must inspect the goods at the time of delivery and handover by the Supplier and if it does not meet the requirements, notify the Supplier immediately.
VIII. PROTECTION OF PERSONAL DATA Art. 19. (1) The Supplier shall take measures to protect the User's personal data in accordance with the Personal Data Protection Act.
(2) For reasons of security of the Users' personal data, the Provider shall only send the data to the e-mail address that was provided by the Users at the time of registration.
(4) Users agree that the Supplier is entitled to process their personal data necessary for the execution of orders in the e-shop and the performance of the contract.
Art. 20. (1) At any time, the Provider is entitled to require the User to identify himself and to verify the veracity of each of the circumstances and personal data declared during registration.
(2) In the event that for any reason the User has forgotten or lost their username and password, the Provider shall be entitled to apply the announced Lost or Forgotten Username and Password Procedure.
IX. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
Art. 21. (1) These General Terms and Conditions may be amended by the Provider, of which the Provider shall give appropriate notice to all Users who have registered. (2) The Provider and the User agree that any amendment or modification of these General Terms and Conditions shall be effective against the User after the User has been expressly notified by the Provider and if the User does not state within the 30-day period granted to him that he rejects them.
(3) The User agrees that all statements made by the Provider in connection with the amendment of these General Terms and Conditions shall be sent to the e-mail address provided by the User upon registration. The User agrees that e-mails sent pursuant to this Article need not be signed with an electronic signature to be effective against him.
Art. 22. The Provider publishes these General Terms and Conditions on its website, together with any additions and amendments thereto.
Art. 23. These General Terms and Conditions and the User's contract with the Provider shall be terminated in the following cases:
in the event of the dissolution and liquidation or bankruptcy of one of the parties to the contract;
by mutual agreement of the parties in writing;
unilaterally, by notice from either party in the event of default by the other party;
in the event of the objective impossibility of one of the parties to the contract to perform its obligations;
in the event of seizure or sealing of the equipment by public authorities;
in the event of cancellation of the User's registration on the ELECTRONIC SHOP website. In this case, the purchase contracts concluded but not executed shall remain in force and enforceable;
in the event of the exercise of the right of withdrawal pursuant to Art. 55, par. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the ordered goods shall be terminated if the right of withdrawal is applicable to the relevant category of goods.
XI. OTHER CONDITIONS
Art. 24. The possible invalidity of any of the provisions of these general terms and conditions shall not invalidate the entire contract.
Art. 25. The laws of the Republic of Bulgaria shall apply to any matter not provided for in this contract relating to the performance and interpretation of this contract.
Art. 26. All disputes between the parties to this contract shall be settled by the competent court or the Consumer Protection Commission.