GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE edmarkinternational.bg
ONLY REGISTERED EDMARK REPRESENTATIVES WITH "EDA" NUMBER CAN ORDER ONLINE
I. SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relations between "EDMARK INTERNATIONAL (BG)" EOOD, UIC203748652, with registered office and address of management: Sofia 1220, Bul. Lomsko Shosse 136, hereinafter referred to as SUPPLIER, and the Representatives of Edmark - Customers, hereinafter referred to as USERS, on the e-commerce platform Edmark International BG, hereinafter referred to as "edmarkinternational.bg".
ІІ. SUPPLIER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act: 1. Name of the Supplier: "EDMARK INTERNATIONAL (BG) EOOD" 2. Headquarters and address of management: Sofia 1220, Bul. Lomsko shose 136 3. Address for exercising the activity and address for submitting complaints from users: Sofia 1220, Bul. Lomsko shose 136 4. Correspondence data: info@edmarkinternational.bg, phone 35928888889 5. Entry in public registers: UIC203748652 6. Supervisory authorities:
(1) Commission for Personal Data Protection
Address: Sofia, Prof. Tsvetan Lazarov ”№ 2,
tel .: (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 Sofia, 4A Slaveykov Square, 3rd, 4th and 6th floors,
tel .: 02/980 25 24 fax: 02/988 42 18 hotline: 0700 111 22
Website: www.kzp.bg.
III. CHARACTERISTICS OF THE PLATFORM
Art. 3. Edmark International BG is an e-commerce platform, available at the Internet address edmarkinternational.bg, through which Edmark Representatives have the opportunity to enter into contracts for sale and delivery of goods offered by the Provider in the platform, including the following:
1. To register and create a profile for viewing the e-shop of the Provider and use the additional services for providing information;
2. To review the goods, their characteristics, prices and delivery conditions;
3. To conclude with the Supplier contracts for purchase and sale and delivery of goods offered by the platform edmarkinternational.bg;
4. To make any payments in connection with the concluded contracts through the platform edmarkinternational.bg electronic means of payment.
5. To receive information about new goods offered by the Supplier in the platform edmarkinternational.bg;
6. To make electronic statements in connection with the conclusion or execution of contracts with the Provider in the platform edmarkinternational.bg through the interface of the page of edmarkinternational.bg, available on the Internet;
7. To be notified of the rights arising from the law, mainly through the interface of the platform edmarkinternational.bg on the Internet;
8. To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.
Art. 4. The Provider in the edmarkinternational.bg platform organizes the delivery of the goods and guarantees the rights of the Users, provided by law, within the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) The Users conclude with the Provider in the platform edmarkinternational.bg a contract for purchase and sale of the goods, at the address edmarkinternational.bg The contract is concluded in Bulgarian and is stored in the database of the Provider in the platform.
(2) Pursuant to the contract concluded with the Users for purchase and sale of goods, the Provider in the platform edmarkinternational.bg undertakes to organize the delivery and transfer of ownership of 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 sending the statement for concluding the contract Provider in the platform edmarkinternational.bg
(3) The users pay to the Provider of the platform edmarkinternational.bg remuneration for the delivered goods according to the conditions, determined in the platform edmarkinternational.bg and the present general conditions. The remuneration is in the amount of the price announced on the edmarkinternational.bg platform.
Art. 6. (1) The User and the Provider in the platform edmarkinternational.bg agree that all statements between them in connection with the conclusion and execution of the contract of sale may be made electronically and through electronic statements within the meaning of the Electronic document and electronic signature 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 during registration, if the User has entered the respective name and password for access.
IV. REGISTRATION FOR USE OF edmarkinternational.bg
Art. 7. (1) In order to use edmarkinternational.bg for concluding contracts for purchase and sale of goods, the User should enter his chosen name and password for remote access or to identify himself through his Facebook or Google account, which considers that it has accepted these general conditions.
(2) The name and the password for remote access are determined by the User by performing online registrationStart accepting orders from customers on the website of the Provider in the platform edmarkinternational.bg, according to the procedure specified therein. Users have the opportunity to place orders for delivery of goods and profile from the social networks Facebook and Google.
(3) By filling in his data in the consumer basket and pressing the "Order" button, the User declares that he is familiar with these general 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 performing the registration or the order, the User is obliged to provide correct and up-to-date data. The user undertakes to update the data specified in his registration or order in case of change.
V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AGREEMENT
Art. 8. (1) The users mainly use the interface of the Provider's page in the edmarkinternational.bg platform in order to conclude contracts for purchase and sale of the goods offered by the suppliers in the edmarkinternational.bg platform.
(2) In the cases of ordering goods without registration by the User, the latter accepts these general conditions at the time of delivery. It is considered that the User has accepted these general conditions by accepting the delivery of the goods.
Art. 9. The users conclude the contract for purchase and sale of the goods in the edmarkinternational.bg platform according to the following procedure:
(1) Logging in to the ordering system in the edmarkinternational.bg platform
(2) Selecting one or more of the goods offered by the Supplier in the edmarkinternational.bg platform and adding them to a 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 delivery;
(5) Choice of method and moment for payment of the price.
(6) Confirmation of the order.
VI. CONTENT OF THE CONTRACT
Art. 10. (1) The Supplier and the Users shall conclude separate contracts for purchase and sale of the goods, declared by the Users, regardless of the fact that they have been 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 with the separate contracts for purchase and sale.
(3) The rights of the Users in connection with the delivered goods shall be exercised separately for each contract of sale. The exercise of rights in relation to the delivered goods does not affect and has no effect in respect of contracts for the sale of other goods. In case the User has the quality of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract of sale of certain goods does not affect the contracts of sale of other goods delivered to the consumer.
Art. 11. When exercising the rights under the contract of sale, the User is obliged to indicate precisely and unambiguously the contract and the goods in respect of which he exercises the rights.
Art. 12. The user can pay the price for the individual contracts of sale at once when ordering the goods or their delivery.
VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE CONSUMER QUALITY 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 contract of sale or registration in edmarkinternational.bg, 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 25 October 2011.
Art. 14. (1) The main characteristics of the goods offered by the Supplier in the platform edmarkinternational.bg are defined in the profile of each product in the platform edmarkinternational.bg
(2) The price of the goods including all taxes and fees is determined by the Supplier in the platform edmarkinternational.bg in the profile of each product in the platform edmarkinternational.bg
(3) The value of postage or transport costs not included in the price of the goods is determined by the Provider in the platform edmarkinternational.bg and is provided as information to the Users when choosing the goods for concluding the contract of sale;
(4) The methods of payment, delivery and performance of the contract are determined in these general terms and conditions and the information provided to the User through the mechanisms in the platform edmarkinternational.bg
(5) The information provided to the Users under this article is up-to-date at the moment of its visualization in the edmarkinternational.bg platform before the conclusion of the contract of sale.
(6) Users agree that all information required by the Consumer Protection Act may be provided through the interface of the platform edmarkinternational.bg or e-mail.
Art. 15. (1) The User agrees that the suppliers in the platform edmarkinternational.bg have the right to accept advance payment for the concluded with the User contracts for purchase and sale of goods and their delivery.
(2) The User chooses independently whether to pay the Provider in the platform edmarkinternational.bg the price for delivery of the goods before or at the time of their delivery.
(3) In case the value of the order of the User is equivalent or exceeds BGN 15,000, the payment shall be made only by transfer or deposit to the payment account of the Provider.
Art. 16. (1) The consumer has the right, without paying compensation or penalty and without stating a reason, to withdraw from the contract within 14 days from the date of acceptance of the goods by the Supplier through the uniform form for withdrawal from the contract, available on the website of the Provider in the platform edmarkinternational.bg at Exercise your rights! and in Annex № 1 to these General Terms and Conditions. Information on exercising the right of withdrawal is available on Exercise your rights! and in Annex № 2 to these General Terms and Conditions.
(2) The right of refusal under para. 1 shall not apply in the following cases:
1. Goods purchased during TOPUP;
2. Purchased goods in the previous month, for which the Representative has received the bonus;
3. for delivery of sealed goods, which are unsealed after their delivery and cannot be returned due to reasons related to hygiene or health protection;
(3) When the provider in the platform edmarkinternational.bg has not fulfilled its obligations to provide information specified in the Consumer Protection Act, the User has the right to withdraw from the 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, it 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 single withdrawal form available on the Provider's website in the platform edmarkinternational.bg at the address Appendix № 1 to these general conditions.
(4) When the User has exercised his right to withdraw from the distance contract or from the off-premises contract, the Provider shall reimburse all amounts received by the consumer, including delivery costs, without undue delay and not later than 14 days from the date on which the consumer's decision to withdraw from the contract was notified. The provider shall reimburse the amounts received using the same means of payment used by the consumer in the initial transaction, unless the consumer has expressly agreed to use another means of payment and provided that this does not involve costs for the consumer.
(5) Upon exercising the right of refusal, the costs for return of the delivered goods shall be deducted from the amounts for refund under para. 4, except in the cases when the consumer organizes himself and at his own expense the return of the goods. The Supplier is not obliged to reimburse the additional costs for delivery of the goods when the consumer has explicitly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.
(6) The User is obliged to store the goods received by the Provider in the platform and to ensure the preservation of their quality and safety during the term under para. 1.
(7) The User may exercise his right to withdraw from the contract with the Provider by sending a written statement to the Provider through the standard withdrawal form available at {turms_url} in the platform edmarkinternational.bg and in Appendix № 1 to these general conditions.
(8) When the supplier in the edmarkinternational.bg platform has not offered to collect the goods himself, he may withhold 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, depending on which of the two it happened earlier.
(9) Notwithstanding the above hypotheses, the User undertakes to return the goods in a
commercial form that allows its subsequent sale, unless the unpacking of the goods leads to a clear violation of the commercial appearance of the goods, such as but not only destructible box, airtight packaging and others. similar cases. In case of damaged commercial type of the goods, the Supplier has the right at its discretion to refuse to accept withdrawal from the contract or to charge the User costs for the restoration of the goods in commercial form.
(10) 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 respect of the bonus content belonging to the goods.
Art. 17. (1) The term of delivery of the goods is determined for each product separately when concluding the contract with the consumer through the website of the Supplier in the platform edmarkinternational.bg
(2) In case the User and the Provider in the edmarkinternational.bg platform have not 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 edmarkinternational.bg
(3) If the Provider in the edmarkinternational.bg platform cannot fulfill the contract due to the fact that he does not have the ordered goods, he is obliged to notify the User and to refund the amounts paid by him.
Art. 18. The provider in the platform edmarkinternational.bg 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 Supplier in the platform edmarkinternational.bg may organize the delivery and delivery of the goods to the User by a respective courier within the term specified at the conclusion of the contract.
(2) If the term under par. 1 is not explicitly agreed between the parties at the conclusion of the contract, the Supplier shall organize 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 it does not meet the requirements to notify the Supplier immediately in the platform edmarkinternational.bg
(2) If the User does not notify the Provider in the platform edmarkinternational.bg according to para. 1 the goods shall be considered approved as meeting the requirements, except for hidden defects.
Art. 21. The supplier in the edmarkinternational.bg platform is not obliged to provide the necessary service for the goods.
Art. 22. For the cases not settled in this section the rules of commercial sale, determined in the Commercial Law and the Consumer Protection Act, shall be applied.
IX. PROTECTION OF PERSONAL DATA
Art. 23. (1) The collection, storage and processing of personal data shall be carried out in accordance with the Privacy Policy of the personal data, which you can access here the Privacy Policy.
(2) The personal data entered by the Users are subject to protection under the Personal Data Protection Act and the General Regulation 2016/679 as the Provider processes them for the purposes and within the terms provided for in the Privacy Policy.
(3) With the consent of the User with the Privacy Policy, the User explicitly confirms that he agrees to the Provider to store information or access the information stored in the end device of the User for the purposes and terms exhaustively provided therein. The User agrees that the Provider may store information or access the information stored in the end device of the User and on other grounds specified in the Privacy Policy.
(4) The User or the User agrees that the Provider of the platform edmarkinternational.bg has the right to send at any time electronic messages to the User or the User, including a newsletter or offers for purchase of goods, while there is a registration of the User or the User in the electronic Supplier's store in the edmarkinternational.bg platform.
(5) The User or the User agrees that the Provider of the platform edmarkinternational.bg has the right to collect, store and process data on the behavior of the User or the User when using the e-shop of the Provider in the platform edmarkinternational.bg 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 Privacy Policy.
Art. 24. (1) At any time, the Provider in the platform edmarkinternational.bg has the right to require the User to identify himself and to certify the authenticity of each of the announced during the registration circumstances and personal data.
(2) In case for any reason the User has forgotten or lost his name and password, the Provider of the platform edmarkinternational.bg has the right to apply the announced "Procedure for lost or forgotten names and passwords", available at: edmarkinternational.bg
X. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 25. (1) These general terms and conditions may be amended by the Provider of the platform edmarkinternational.bg, for which the latter will notify in an appropriate manner all registered Users.
(2) The Provider in the platform edmarkinternational.bg and the User agree that any addition and amendment of these general conditions will have effect on the User in one of the following cases:
A) after its explicit notification by the Provider in the edmarkinternational.bg platform and if the User does not declare within the 14-day period that he rejects them; or
B) after their publication on the website of the Provider in the platform edmarkinternational.bg and if the User does not state within 14 days of their publication that he rejects them;
C) with its explicit acceptance by the User through his account on the website of the Provider in the platform edmarkinternational.bg
(3) The User agrees that all statements of the Provider in the platform edmarkinternational.bg, in connection with the amendment of these general conditions will be sent to the e-mail address specified by the User during registration. The user agrees that e-mails sent in accordance with this article do not need to be signed with an electronic signature in order to have effect on him.
Art. 26. The Provider publishes these general terms and conditions at {terms_rul} together with all additions and amendments thereto.
XI. TERMINATION
Art. 27. The present general conditions and the contract of the User with the Provider in the platform edmarkinternational.bg are terminated in the following cases:
• upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
• by mutual consent of the parties in writing;
• in case of objective impossibility of any of the parties to the contract to perform its obligations;
• in case of seizure or sealing of the equipment by state bodies;
• in case of deletion of the User's registration in the edmarkinternational.bg platform. In this case, the concluded but not executed contracts of sale remain in force and are subject to execution;
Art. 28. The Provider has the right at its discretion, without giving notice and without due compensation to terminate the contract unilaterally, if it finds that the User uses the platform edmarkinternational.bg in violation of these general conditions, legislation in the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practices in e-commerce.
XII. RESPONSIBILITY
Art. 29. The User undertakes to indemnify and release from liability the providers in the edmarkinternational.bg platform and the Provider in case of lawsuits and other claims of third parties (whether justified or not), for all damages and costs, including attorney's fees and legal costs) arising out of or in connection with (1) failure to comply with any of the obligations under this Agreement, (2) infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights, (3) misappropriation of 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 quality of a consumer within the meaning of the Consumer Protection Act.
Art. 30. The Provider shall not be liable in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.
Art. 31. (1) The Provider shall not be liable for damages caused by the User to third parties.
(2) The Provider is not responsible for property or non-property damages, expressed in lost profits or damages caused to the User in the process of using or not using edmarkinternational.bg and concluding sales 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 in the platform edmarkinternational.bg
Art. 32. (1) The provider shall not bear responsibility in case of overcoming the security measures of the technical equipment and from this follows 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 of sale, providing access to information, loss or change of data occurred as a result of false identification of a third party, who presents himself as the User, if the circumstances may judges that this person is the User.
XIII. OTHER TERMS
Art. 33. (1) The User and the Provider in the platform edmarkinternational.bg are obliged to mutually protect their rights and legal interests, as well as to keep their trade secrets, which became their property in the process of performance of the contract and these general conditions.
(2) The User and the Provider are obliged during and after the expiration of the period of the contract not to make public written or oral correspondence conducted between them. The publication of correspondence in print and electronic media, internet forums, personal or public websites, etc. can be considered public.
Art. 34. In case of conflict between these general terms and conditions in a special contract between the Provider in the platform edmarkinternational.bg and the User, the provisions of the special contract shall prevail.
Art. 35. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.
Art. 36. The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the implementation and interpretation of this contract.
Art. 37. These general terms and conditions enter into force for all Users of edmarkinternational.bg
Annex № 1 - Standard form for exercising the right of withdrawal from the contract
Standard form for exercising the right to withdraw from the contract:
(fill in and send this form only if you wish to withdraw from the contract)
- To (, Sofia 1220, info@edmarkinternational.bg):
- I hereby notify / notify * that I refuse / refuse * the contract concluded by me / us * 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 ------------------------------* Strike out what does not apply.
Annex № 2 - Information on the exercise of the right of withdrawal / Information on exercising the right of withdrawal
Standard instructions for cancellation:
1. Right to withdraw from the contract at a distance or off-premises.
2. You have the right to withdraw from this contract, without giving reasons, within 14 days.
3. The withdrawal period shall be 14 days from the date on which you or a third party other than the carrier and designated by you take possession of the goods.
4. In order to exercise your right of withdrawal, you must notify us on the contact details provided on edmarkinternational.bg and on your decision to withdraw from the contract with an unambiguous application (for example, a letter sent by mail, fax or e-mail).
5. You can use the attached standard withdrawal form, but this is not required. You can also fill in and submit electronically the standard withdrawal form or other unambiguous withdrawal application on our website edmarkinternational.bg If you use this option, we will immediately send you a confirmation message on a durable medium (eg by e-mail) of refusal.
6. In order to comply with the withdrawal period, it is sufficient to send your notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
1. Refusal effect.
2. If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs associated with your chosen method of delivery other than the cheapest standard method of delivery). delivery 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 make the refund to the bank account specified by you; in any case, this refund will not incur any costs for you.
3. We have the right to defer the refund until we receive the goods back or until you provide us with proof that you have sent the goods back, whichever occurs first.
4. You must bear the direct cost of returning the goods. The cost is not expected to exceed approximately the amount for delivery or 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 proper functioning.
Additional user information can be found at edmarkinternational.bg.