GENERAL TERMS AND CONDITIONS OF ONLINE STORE divusfoods.com

1. SUBJECT

Art. 1. These General Terms and Conditions are intended to regulate the relations between UIC 206206048, with seat and address of management: Sofia, ul. Prof. Velizar Velkov 4A, hereinafter referred to as the PROVIDER, and the customers, hereinafter referred to as USERS, of the divus e-commerce platform, hereinafter referred to as "divusfoods.com".

II. SUPPLIER DETAILS

Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act:

1. Name of the Provider: ""
2. Seat and address of management: Sofia, ul. Prof. Velizar Velkov 4A
3. Address for exercising the activity and address for making complaints from users: Sofia, ul. Prof. Velizar Velkov 4A
4. Correspondence data: info@divusfoods.com, phone number 359885511628
5. Entry in public registers: UIC206206048
6. Supervisory authorities:

(1) Commission for Personal Data Protection

Address: Sofia. Sofia, ul. "Prof. 2 Tsvetan Lazarov Street,

Phone: (02) 940 20 46

Fax: (02) 940 36 40

Email: kzld@government.bg, kzld@cpdp.bg

Website: www.cpdp.bg

 

(2) Consumer Protection Commission

Address: 1000 gr. Sofia, sq. "Slaveykov" No4A, floor 3, 4 and 6,

Phone: 02 / 980 25 24

Fax: 02 / 988 42 18

Hotline: 0700 111 22

Website: www.kzp.bg

1. Registration under the Value Added Tax Act

III. PLATFORM FEATURES

Art. 3. divus is an e-commerce platform available at an Internet address divusfoods.com, through which the Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Provider on the platform, including the following:

1. To register and create a profile for viewing the Provider's online store and using the additional services for providing information;
2. To review the goods, their characteristics, prices and delivery conditions;
3. To conclude contracts with the Supplier for the purchase and sale and delivery of the goods offered by Paysera on the divusfoods.com platform;
4. To make any payments in connection with the concluded contracts through the platform divusfoods.com electronic means of payment.
   · Transactions are carried out through the MasterCard Identity check and VISA Secure security programs.
   · From the point of view of security, the maximum amount for card payment is BGN 1000.
   · We do not store data on bank cards used for payment through the site.
5. To receive information about new goods offered by the Provider on the divusfoods.com platform;
6. To make electronic statements in connection with the conclusion or execution of contracts with the Provider on the platform divusfoods.com through the interface of the divusfoods.com website available on the Internet;
7. To be notified of the rights arising from the law, primarily through the interface of the platform divusfoods.com on the Internet;
8. Exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

Art. 4. The Provider in the platform divusfoods.com organize 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) The Users conclude with the Provider on the platform divusfoods.com a contract for the purchase and sale of the goods, at the address divusfoods.com The contract is concluded in Bulgarian and is stored in the Provider's database on the platform.

(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Provider in the platform divusfoods.com undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the interface in the platform. Users have the right to correct errors in entering information no later than the Provider's statement of contract conclusion in the platform divusfoods.com

(3) The Users shall pay the Platform Provider divusfoods.com remuneration for the delivered goods in accordance with the terms and conditions set out in the Platform divusfoods.com and these General Terms and Conditions. The remuneration is in the amount of the price announced on the platform divusfoods.com

Art. 6. (1) The User and the Provider in the platform divusfoods.com agree that all statements between them in connection with the conclusion and execution of the purchase and sale agreement may be made electronically and through 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 the electronic statements made by the Users of the site are made by the persons specified in the data provided by the User when registering, if the User has entered the respective username and password for access.

1. REGISTRATION FOR THE USE OF divusfoods.com

Art. 7. (1) In order to use the divusfoods.com to conclude contracts for the purchase and sale of goods, the User should enter a name and password chosen by him for remote access or identify himself through his Facebook or Google profile, which is considered to have accepted these General Terms and Conditions.

(2) The name and password for remote access shall be determined by the User by making an online registration on the Provider's website in the divusfoods.com platform, in accordance with the procedure specified therein. Users have the opportunity to place orders, delivery of goods and a profile from the social networks Facebook and Google.

(3) By filling in his/her data in the user basket and clicking the "Order" button, the User declares that he/she is familiar with these General Terms and Conditions, agrees with their content and undertakes to comply with them unconditionally.

(4) The Provider confirms the order made by the User by e-mail. An account of the User is created and a contractual relationship arises between him and the Provider.

(5) When registering or ordering, the User undertakes to provide correct and up-to-date data. The User undertakes to update the data specified in his/her registration or order in a timely manner.

1. TECHNICAL STEPS FOR CONCLUDING A SALES CONTRACT

Art. 8. (1) Users mainly use the interface of the Provider's page in the divusfoods.com platform to conclude contracts for the purchase and sale of the goods offered by the Suppliers on the divusfoods.com platform.

(2) In cases of ordering goods without registration by the User, the latter accepts these general terms and conditions at the time of delivery. It is considered that the User has accepted these General Terms and Conditions by accepting the delivery of the goods.

Art. 9. Users conclude the contract for the purchase and sale of the goods on the platform divusfoods.com according to the following procedure:

(1) Logging in to the system for placing orders on the platform divusfoods.com

(2) Selecting one or more of the goods offered by the Provider on the platform divusfoods.com and adding them to the list of goods for purchase.

(3) Providing the necessary data for individualization of the User as a party to the contract.

(4) Provision of data for the execution of the delivery;

(5) Choice of method and time for payment of the price.

(6) Order confirmation;

1. CONTENT OF THE AGREEMENT

Art. 10. (1) The Provider and the Users conclude separate contracts for the purchase and sale of the goods requested by the Users, regardless of the fact that they are selected with one electronic statement and from one list of goods for purchase.

(2) The supplier may organize together and simultaneously the delivery of the goods ordered under the separate contracts for sale.

(3) The rights of the Users in relation to the delivered goods shall be exercised separately for each contract for sale. The exercise of rights in relation to goods supplied does not affect and has no effect in relation to contracts for the sale and purchase of other goods. In case the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right to withdraw from the contract for the purchase and sale of a certain product does not affect the contracts for the purchase and sale of other goods delivered to the consumer.

Art. 11. When exercising the rights under the Purchase and Sale Agreement, the User is obliged to specify precisely and unambiguously the contract and the goods in respect of which he exercises the rights.

Art. 12. The User may pay the price for the individual contracts for sale and purchase at once upon placing the order of the goods or upon their delivery.

VII. SPECIAL CLAUSES THAT APPLY TO PERSONS WHO HAVE THE STATUS OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT

Art. 13. 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 purchase and sale contract or when registering in divusfoods.com, it can be concluded that they are Users within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of October 25, 2011.

Art. 14. (1) The main characteristics of the goods offered by the Supplier on the divusfoods.com platform are defined in the profile of each product on the divusfoods.com platform

(2) The price of the goods with all taxes and fees included is determined by the Provider on the platform divusfoods.com in the profile of each product on the platform divusfoods.com

(3) The value of postal or transport costs not included in the price of the goods shall be determined by the Provider in the divusfoods.com platform and shall be provided as information to the Users when selecting the goods for concluding the purchase and sale contract;

(4) The methods of payment, delivery and execution of the contract are defined in these General Terms and Conditions and the information provided to the User through the mechanisms in the platform divusfoods.com

(5) The information provided to the Users under this Article is up-to-date at the time of its visualization on the platform divusfoods.com before the conclusion of the purchase and sale agreement.

(6) The users agree that all information required by the Consumer Protection Act may be provided through the interface of the divusfoods.com platform or e-mail.

Art. 15. (1) The User agrees that the suppliers on the platform divusfoods.com have the right to accept advance payment for the contracts concluded with the User for the purchase and sale of goods and their delivery.

(2) The User chooses independently whether to pay the Supplier in the platform divusfoods.com the price for delivery of the goods before or at the time of their delivery.

(3) In case the value of the User's order is equivalent to or exceeds BGN 5,000, the payment shall be made only by transfer or deposit to the payment account of the Provider.

Art. 16. (1) The User has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by the Provider through the single form for withdrawal from the contract, available on the Provider's website in the platform divusfoods.com at Exercise Your Rights! and in Appendix No. 1 to these General Terms and Conditions. Information about exercising the right of withdrawal is available at Exercise Your Rights! and in Appendix No. 2 to these General Terms and Conditions.

(2) The right of withdrawal under Para. 1 shall not apply in the following cases:

1. for the delivery of goods made to the order of the consumer or according to his individual requirements;
2. for the supply of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
3. for the delivery of sealed goods that have been unsealed after delivery and cannot be returned for hygiene or health reasons;
4. for the supply of goods which, after they have been delivered and by their nature, have mixed with other goods from which they cannot be separated;
5. for the delivery of sealed sound recordings or video recordings or sealed computer software that are printed after delivery, including codes for activation of software licenses, functions in software or virtual means of payment.
6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;

(3) When the provider in the platform has divusfoods.com not fulfilled its obligations for providing information, defined in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within 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, the latter begins to run from the date of its provision. The user has the right to send the statement of withdrawal under this article directly to the Provider through the unified form for withdrawal from the contract, available on the Provider's website in the platform divusfoods.com at Appendix No. 1 to these General Terms and Conditions.

(4) When the User has exercised his right to withdraw from the distance contract or from the contract outside the commercial premises, the Provider shall refund all amounts received from the user, including the delivery costs, without undue delay and no later than 14 days from the date on which he was notified of the consumer's decision to withdraw from the contract. The Provider shall refund the amounts received using the same means of payment used by the User in the initial transaction, unless the User has expressly consented to the use of another means of payment and provided that this does not entail costs for the Consumer.

(5) When exercising the right of withdrawal, the costs for the return of the delivered goods shall be deducted from the amounts for reimbursement under Para. 4, except in cases where the consumer organizes the return of the goods himself and at his own expense. The Supplier is not obliged 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 by the Provider on the platform and to ensure the preservation of their quality and safety during the period under Para. 1.

(7) The User may exercise his/her right to withdraw from the contract with the Provider by sending a written statement to the Provider through the standard form for withdrawal from the contract, available at GENERAL TERMS and CONDITIONS in the divusfoods.com platform and in Appendix No. 1 to these General Terms and Conditions.

(8) Where the provider on the divusfoods.com platform has not offered to collect the goods himself, he may withhold the payment of the amounts to the User until he receives the goods or until the user provides proof that he has sent the goods back, whichever is earlier.

(10) Notwithstanding the above hypotheses, the User undertakes to return the goods in a commercial form that allows their subsequent sale, unless the unpacking of the goods leads to an obvious violation of the commercial appearance of the goods, such as but not limited to a destructible box, airtight packaging and other similar cases. In case of impaired commercial appearance of the goods, the Provider has the right, at its discretion, to refuse to accept a withdrawal from the contract or to charge the User costs for the restoration of the goods in commercial form.

(11) In case of exercising the right of withdrawal under this Article, it is considered that the User has also exercised the right of withdrawal in relation to the bonus content belonging to the goods.

Art. 17. (1) The delivery time of the goods is determined for each product separately when concluding the contract with the user through the Provider's website in the platform divusfoods.com

(2) In case the User and the Provider on the platform have not divusfoods.com set a delivery time, the delivery time of the goods is 30 calendar days from the date following the sending of the user's order to the Provider through the Provider's website in the platform divusfoods.com

(3) If the Provider in the divusfoods.com platform cannot fulfill the contract due to the fact that it does not have the ordered goods, it is obliged to notify the User about this and refund the amounts paid by him.

Art. 18. The supplier in the divusfoods.com platform undertakes to comply with all requirements established in the Bulgarian legislation regarding the labeling, advertising and sale of food supplements.

VIII. PERFORMANCE OF THE CONTRACT

Art. 19. (1) The Provider in the platform can divusfoods.com organize the delivery and delivery of the goods to the User by a respective courier within the period specified at the conclusion of the contract.

(2) If the time limit under Para. 1 is not expressly agreed between the parties at the conclusion of the contract, the Supplier shall arrange the delivery and delivery within a reasonable time.

Art. 20. (1) The User must inspect the goods at the time of delivery and delivery and, if they do not meet the requirements, immediately notify the Provider in the platform divusfoods.com

(2) If the User does not notify the Provider in the platform divusfoods.com pursuant to para. 1 the goods shall be considered approved as compliant with the requirements, except for hidden defects.

Art. 21. The supplier in the divusfoods.com platform is not obliged to provide the necessary service for the goods.

Art. 22. For the cases not regulated in this section, the rules for commercial sale defined in the Commerce Act and the Consumer Protection Act shall apply.

1. PROTECTION OF PERSONAL DATA

Art. 23. (1) The collection, storage and processing of personal data is carried out in accordance with the Privacy Policy, which can be accessed here .

(2) The personal data entered by the Users are subject to protection under the Personal Data Protection Act and the General Regulation 2016/679 and the Provider processes them for the purposes and within the time limits provided for in the Personal Data Privacy Policy.

(3) Upon the User's agreement with the Personal Data Privacy Policy, the User expressly confirms that he/she agrees that the Provider shall store information or gain access to the information stored in the User's terminal device for the purposes and terms exhaustively provided therein. The User agrees that the Provider may  store information or gain access to the information stored in the User's terminal device and on other grounds specified in the Personal Data Privacy Policy.

(4) The User or the User agrees that the Provider of the platform divusfoods.com have the right to send electronic messages to the User or the User at any time, including a newsletter or offers for the purchase of goods, as long as there is registration of the User or the User in the Provider's online store on the platform divusfoods.com

(5) The User or the User agrees that the Platform Provider divusfoods.com have the right to collect, store and process data on the behavior of the User or the User when using the Provider's online store in the platform divusfoods.com  The User has the right to object to the storage or access to the information under paragraph 3 in the ways provided for in the Personal Data Privacy Policy.

Art. 24. (1) At any time, the Provider on the platform divusfoods.com have the right to require the User to identify himself and certify the authenticity of each of the circumstances and personal data announced during registration.

(2) In case the User has forgotten or lost his/her username and password for any reason, the Platform Provider divusfoods.com have the right to apply the announced "Procedure for lost or forgotten names and passwords", available at: divusfoods.com

1. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS

Art. 25. (1) These General Terms and Conditions may be amended by the Provider of the platform divusfoods.com, for which the latter will notify all registered Users in an appropriate way.

(2) The Provider in the divusfoods.com platform and the User agree that any supplementation and amendment of these General Terms and Conditions will have effect on the User in one of the following cases:

A) after the Provider's explicit notification on the platform divusfoods.com and if the User does not declare within the 14-day period provided to him that he rejects them; or

B) after their publication on the Provider's website in the platform divusfoods.com and if the User does not declare within 14 days of their publication that he rejects them;

C) with its explicit acceptance by the User through his profile on the Provider's website in the platform divusfoods.com

(3) The User agrees that all statements of the Provider in the platform divusfoods.com in connection with the amendment of these General Terms and Conditions will be sent to the e-mail address specified by the User upon registration. The User agrees that e-mails sent under this Article do not need to be signed with an electronic signature in order to have effect on him.

Art. 26. The Provider shall publish these General Terms and Conditions at www.www {terms_rul}

1. CESSATION

Art. 27. These General Terms and Conditions and the contract of the User with the Provider on the platform divusfoods.com terminated in the following cases:

• upon termination and declaration of liquidation or bankruptcy of one of the parties to the contract;
• by mutual agreement of the parties in writing;
• in case of objective inability of any of the parties to the contract to fulfill its obligations;
• when the equipment is seized or sealed by state authorities;
• in case of deletion of the User's registration on the divusfoods.com platform. In this case, the concluded but unfulfilled contracts for sale and purchase remain in force and are subject to execution;

Art. 28. The Provider has the right, at its own discretion, without prior notice and without owing compensation, to unilaterally terminate the contract in case it finds that the User uses the platform divusfoods.com in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practices in electronic commerce.

XII. LIABILITY

Art. 29. The User undertakes to indemnify and indemnify the providers of the divusfoods.com platform and the Provider in court claims and other claims of third parties (whether justified or not), for all damages and expenses (including attorneys' fees and court costs) arising out of or in connection with (1) non-performance of any of the obligations under this contract, (2) infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights, (3) unlawful transfer to other persons of the rights granted to the User for the term and under the terms of the contract and (4) false declaration of the presence or absence of the status of consumer within the meaning of the Consumer Protection Act.

Art. 30. The Provider shall not be liable in case of force majeure, accidental events, problems on the Internet, technical or other objective reasons, including orders of the competent state authorities.

Art. 31. (1) The Provider is not responsible for damages caused by the User to third parties.

(2) The Provider shall not be liable for material or non-material damages, expressed in lost profits or damages suffered to the User in the process of using or not using the divusfoods.com and concluding purchase and sale contracts with the Provider.

(3) The Provider is not responsible for the time during which the platform was not available due to force majeure.

(4) The Provider is not responsible for damages from comments, opinions and publications under the products, news and articles on the platform divusfoods.com

Art. 32. (1) The Provider shall not be liable 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 Provider shall not be liable in case of concluding a contract for sale, providing access to information, loss or change of data resulting from false legitimation of a third party who impersonates the User, if it can be judged from the circumstances that this person is the User.

XIII. OTHER CONDITIONS

Art. 33. (1) The User and the Provider in the platform divusfoods.com undertake to protect each other's rights and legitimate interests, as well as to keep their trade secrets, which have become known to them in the process of executing the contract and these General Terms and Conditions.

(2) The User and the Provider undertake not to make public written or oral correspondence conducted between them during and after the expiration of the contract period. The publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc. can be considered public domain.

Art. 34. In the event of a conflict between these general terms and conditions and agreements in a special contract between the Provider on the divusfoods.com platform and the User, the clauses of the special contract shall prevail.

Art. 35. Any invalidity of any provision of these general terms and conditions shall not result in the invalidity of the entire contract.

Art. 36. The laws of the Republic of Bulgaria shall apply to the issues not regulated in this contract relating to the implementation and interpretation of this contract.

Art. 37. These General Terms and Conditions shall enter into force for all Users of divusfoods.com.

Appendix No. 1 - Standard form for exercising the right of withdrawal from the contract

 

 

Appendix No 2 - Information on the exercise of the right to withdraw from the contract

Information on the exercise of the right of withdrawal from the contract

Standard Cancellation Guidelines:

1. Right to withdraw from the distance or off-premises contract.
2. You have the right to withdraw from this contract, without giving reasons, within 14 days.
3. The withdrawal period is 14 days from the date on which you or a third party other than the carrier and designated by you have taken possession of the goods.
4. In order to exercise your right of withdrawal, you must notify us of the contact details provided on divusfoods.com and of your decision to withdraw from the contract with an unambiguous statement (e.g. a letter sent by post, fax or e-mail).
5. You can use the attached standard withdrawal form, but this is not mandatory. You can also fill in and submit electronically the standard withdrawal form or other unambiguous withdrawal statement on our website divusfoods.com If you use this option, we will immediately send you a message confirming receipt of the withdrawal on a durable medium (e.g. by e-mail).
6. In order to comply with the withdrawal period, it is sufficient to send your notice regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

1. Effect of refusal.
2. If you withdraw from this contract, we will refund to you all payments we have received from you, including delivery costs (excluding additional costs related to a delivery method chosen by you other than the cheapest standard delivery method offered by us), without undue delay and in any event no later than 14 days from the date, to which you inform us of your decision to withdraw from this contract. We will make the refund to a bank account specified by you; in any case, this refund will not involve any costs for you.
3. We have the right to postpone the refund of payments until you receive the goods back or until you provide us with evidence that you have sent back the goods, whichever occurs first.
4. You must bear the direct costs of returning the goods. The costs are expected to not exceed approximately the amount for delivery or the standard courier service.
5. You are solely responsible for reducing the value of the goods as a result of testing them other than what is necessary to establish their nature, characteristics and good functioning.

For more user information, see divusfoods.com