GENERAL TERMS AND CONDITIONS FOR PARTICIPANTS IN THE ELECTRONIC COMMERCE PLATFORM
www.noviotic.com
I. SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relationship between Noviotic Ltd., Bulgaria, Plovdiv, Plovdiv City Province, Plovdiv Municipality, district of Plovdiv 4000, ulitza Brezovsko shoce 147A, EIK 206562980, hereinafter referred to as the SUPPLIER, and the clients, hereinafter referred to as USERS, of the electronic commerce website "noviotic.com", hereinafter referred to as "noviotic.com".
II. SUPPLIER'S DETAILS IN THE PLATFORM
Art. 2. Information in accordance with the Electronic Commerce Act and the Consumer Protection Act:
Supplier's Name: Noviotic Ltd.
Registered office and management address: Plovdiv 4000, ulitza Brezovsko shoce 147A
Address for conducting business and address for sending complaints from users: Plovdiv 4000, ulitza Brezovsko shoce 147A
Correspondence details: Bulgaria, Plovdiv 4000, ulitza Brezovsko shoce 147A, office 1, Email: info@noviotic.com
Registration in public registers: EIK 206562980.
Supervisory authorities:
(1) Commission for Personal Data Protection
Address: Sofia, 15 Ivan Evstatiev Geshov Str.,
tel.: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Commission for Consumer Protection
Address: 1000 Sofia, 4A Slaveykov Square, fl.3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
(3) Commission for Protection of Competition
Bulgaria
Sofia 1000, 18 Vitosha Blvd.
Phone: (02) 935 61 13
Fax: (02) 980 73 15
Website: www.cpc.bg
VAT registration under VAT Law No. BG 206562980
III. CHARACTERISTICS OF THE PLATFORM
Art. 3. Noviotic is an electronic commerce website accessible at the Internet address http://www.noviotic.com, through which Users have the opportunity to conclude contracts for the purchase, sale, and delivery of goods offered on the platform, including the following:
To browse the Supplier's electronic store on noviotic.com and use additional services to obtain information;
To view goods, their characteristics, prices, and delivery terms;
To conclude contracts for the purchase, sale, and delivery of goods offered by the Supplier through noviotic.com;
To make any payments related to the contracts concluded with the Supplier, in accordance with the electronic payment methods supported by noviotic.com.
To receive information about new goods offered by the Supplier on noviotic.com;
To make electronic statements regarding the conclusion or performance of contracts with participants in noviotic.com through the interface of the Noviotic webpage accessible on the Internet;
To be informed about their rights arising from the law, mainly through the interface of noviotic.com on the Internet;
To exercise their right of withdrawal, where applicable, according to the Consumer Protection Act.
Art. 4. The Supplier on noviotic.com organizes the delivery of goods and guarantees the rights of Users provided by law, within the framework of good faith, practices adopted, consumer or commercial law criteria, and conditions.
Art. 5. (1) Users conclude with the Supplier on noviotic.com a contract for the purchase and sale of goods at the address http://www.noviotic.com. The contract is concluded in Bulgarian and is stored in the Supplier's database on the platform.
(2) Under the concluded contract for the purchase and sale of goods with Users, the Supplier on noviotic.com is obliged to organize the delivery and transfer of ownership of the goods specified by Users through the interface of the platform. Users have the right to correct errors in the information entered no later than the submission of the declaration for the conclusion of the contract with the Supplier on noviotic.com.
(3) Users pay the Supplier selected on noviotic.com a fee for the delivered goods according to the conditions specified on noviotic.com and these general terms. The fee is at the price announced by the Supplier on noviotic.com at the address of noviotic.com on the Internet.
(4) Noviotic selects the person who will deliver the goods requested by Users within the deadlines and conditions specified on noviotic.com and in accordance with these general terms.
Art. 6. (1) Users and the Supplier on noviotic.com agree that all statements between them regarding the conclusion and performance of the contract for the purchase and sale may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Article 11 of the Electronic Commerce Act.
(2) It is presumed that the electronic statements made by Users on the website are made by the persons indicated in the data provided by Users when making the purchase, if Users have entered the respective telephone number and/or email address.
IV. USE OF Noviotic
Art. 7. (1) By clicking the buttons to agree to these general terms and conditions, the User declares that they are familiar with these general terms and conditions, agree to their content, and undertake to comply with them unconditionally.
V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE-SALE CONTRACT
Art. 8. Users primarily use the interface of the Supplier's page on noviotic.com to conclude contracts for the purchase and sale of goods offered by the Supplier on noviotic.com.
Art. 9. Users conclude the contract for the purchase and sale of goods with the Supplier on noviotic.com according to the following procedure:
(1) Accessing the order processing system on noviotic.com;
(3) Selecting one or more of the goods offered by the suppliers on noviotic.com and adding them to the shopping list.
(4) Choosing goods from the shopping list from the respective suppliers on noviotic.com for which a purchase-sale contract will be concluded.
(5) Providing delivery details, including phone and/or email address;
(6) Choosing a method and time for payment of the price.
(7) Order confirmation;
(8) Confirmation from Noviotic regarding the accuracy of the order.
VI. CONTENT OF THE CONTRACT
Art. 10. (1) The Supplier on noviotic.com and Users conclude separate contracts for the purchase and sale of goods requested by Users, even if they are selected with one electronic statement and from one shopping list.
(2) The Supplier on noviotic.com may organize the delivery of the goods ordered under separate purchase-sale contracts together and simultaneously. The delivery of the goods ordered by Users is carried out by the supplier selected through noviotic.com for the respective goods, for which Users are notified at the time of delivery.
(3) Users' rights regarding the delivered goods are exercised separately for each purchase-sale contract. Exercising rights regarding a delivered product does not affect or have any effect on purchase-sale contracts for other goods. In the event that a User has consumer status within the meaning of the Consumer Protection Act, exercising the right of withdrawal from a purchase-sale contract for a specific product does not affect purchase-sale contracts for other goods delivered to the consumer.
Art. 11. When exercising rights under the purchase-sale contract, Users are obliged to specify precisely and unambiguously the contract and the product to which they are exercising the rights.
Art. 12. Users may pay the price for individual purchase-sale contracts at once when placing the order for the goods or upon their delivery.
VII. SPECIAL CLAUSES APPLICABLE TO CONSUMERS WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT
Art. 13. (1) The rules of this Section VII of these general terms and conditions apply solely to Users for whom, based on the data provided for the conclusion of the purchase-sale contract or during registration with Noviotic, it can be inferred that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act, and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
(2) The Supplier on noviotic.com does not offer, organize, or carry out deliveries of prescription drugs to individuals who qualify as consumers under para. 1
Art. 14. (1) The main characteristics of the goods offered by the Supplier on noviotic.com are defined in the profile of each product on noviotic.com.
(2) The price of the goods, including all taxes and fees, is determined by the Supplier on noviotic.com and its selected distributors in the profile of each product on noviotic.com.
(3) The value of postage or transport costs not included in the price of the goods is determined by the Supplier on noviotic.com and provided as information to Users when selecting the goods for the conclusion of the purchase-sale contract;
(4) The methods of payment, delivery, and performance of the contract are determined in these general terms and conditions and the information provided to Users through the mechanisms on noviotic.com.
(5) The information provided to Users under this article is current at the time of its visualization on noviotic.com before the conclusion of the purchase-sale contract.
(6) Users agree that all information required by the Consumer Protection Act may be provided through the interface of noviotic.com or by email.
Art. 15. (1) The User agrees that the suppliers on noviotic.com have the right to accept advance payment for concluded purchase-sale contracts for goods and their delivery.
(2) The User independently chooses whether to pay the suppliers on noviotic.com the price for the delivery of the goods before or at the time of their delivery.
(3) In case the value of the User's order is equal to or exceeds BGN 15,000, payment is made only by bank transfer or deposit to the Supplier's bank account.
Art. 16. (1) The User has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within a period of 14 days from the date of receipt of the goods from the suppliers selected through noviotic.com, using the standard withdrawal form available on the Supplier's website on noviotic.com at www.noviotic.com Information on exercising the right of withdrawal is available at www.noviotic.com
(2) The right of withdrawal under para. 1 does not apply in the following cases:
1. for the supply of goods made to the User's specifications or clearly personalized;
2. for the supply of goods which are liable to deteriorate or expire rapidly;
3. for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
4. for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
5. for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
6. for the delivery of newspapers, periodicals, or magazines, except for subscription contracts for the delivery of such publications;
(3) When the Supplier on noviotic.com has not fulfilled its obligations to provide information as determined in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of one year and 14 days, counted from the date of receiving the goods. When the information is provided to the User within the withdrawal period, the period begins to run from the date of its provision. The User has the right to submit the statement of withdrawal under this article directly to the Supplier through the standard withdrawal form accessible on the Supplier's website on noviotic.com at www.noviotic.com
(4) When the User has exercised their right of withdrawal from a distance contract or 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 the Supplier is informed of the User's decision to withdraw from the contract. The Supplier refunds the received amounts using the same payment method used by the User for the initial transaction, unless the User has expressly agreed to the use of another payment method, provided that this does not entail any 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 expenses for returning the goods are deducted from the amount paid by the User under the contract. The Supplier is not obliged to reimburse the additional delivery costs of the goods when the User has expressly chosen a method of delivery other than the cheapest standard delivery offered by the Supplier. The costs of returning the goods are the same as those for delivery according to the tariff of the delivery company used for the return.
(6) The User is obliged to store the goods received from the Supplier on the platform and to ensure the preservation of their quality and safety during the period under para. 1. The goods are stored according to the requirements specified by the manufacturer.
(7) The User may exercise their right of withdrawal from the contract with the Supplier by sending a written statement to the Supplier through the standard withdrawal form accessible at noviotic.com.
(8) When the Supplier on noviotic.com has not offered to collect the goods themselves, they may withhold payment of the amounts from the User until they receive the goods or until the User provides proof that they have sent the goods back, depending on whichever occurs first.
Art. 17. (1) The delivery period for the goods is determined separately for each product upon conclusion of the contract with the User through the Supplier's website on noviotic.com.
(2) In case the User and the Supplier on noviotic.com have not determined a delivery period, the delivery period for the goods is 30 days, counted from the date following the dispatch of the order by the User to the Supplier through the Supplier's website on noviotic.com.
(3) If the Supplier on noviotic.com is unable to fulfill the contract because they do not have the ordered goods, they are obliged to inform the User of this and to refund the amounts paid by them.
Art. 18. The Supplier on noviotic.com undertakes to comply with all requirements established in Bulgarian legislation regarding the labeling, advertising, and sale of food supplements.
VIII. PERFORMANCE OF THE CONTRACT
Art. 19. (1) The Supplier on noviotic.com may organize the delivery and handover of the goods to the User from the respective supplier within the specified timeframe agreed upon at the conclusion of the contract.
(2) If the timeframe under para. 1 is not explicitly agreed upon between the parties at the conclusion of the contract, the Supplier on noviotic.com organizes the delivery and handover of the goods from the respective supplier or distributor within a reasonable period but not later than 2 months.
Art. 20. (1) The User must inspect the goods at the time of delivery and handover, and if they do not meet the requirements, they must immediately notify the Supplier on noviotic.com.
(2) If the User fails to notify the Supplier on noviotic.com in accordance with para. 1, the goods are considered approved as complying with the requirements, except for hidden defects.
(3) The following cases shall not be considered defects in the goods:
- peculiar taste of the food supplement and/or food;
- insufficient breaking down of the food supplement and/or food when used;
- peculiar color of the food supplement and/or food;
- mismatch of the taste characteristics of the food supplement and/or food with other food supplements and/or foods or with the same food supplement and/or food;
- presence of mechanisms for automatic or facilitated removal of the protective membrane of the food supplement and/or food upon opening;
- remaining shelf life of the food supplement and/or food, which under the circumstances can be inferred to be sufficient for the consumption of the entire food supplement and/or food.
Art. 21. The Supplier on noviotic.com is not obligated to provide the necessary servicing for the goods.
Art. 22. In cases not regulated in this section, the rules of commercial sale defined in the Commercial Act shall apply.
IX. PROTECTION OF PERSONAL DATA
Art. 23. (1) The Supplier on noviotic.com takes measures to protect the personal data of the User in accordance with the Personal Data Protection Act.
(2) For the security of the personal data of the Users, the Supplier on noviotic.com will send the data only to the email address provided by the Users at the time of registration.
(3) The Supplier on noviotic.com has the right to store data in the end-user device of the User unless the latter expressly expresses disagreement.
(4) The User or the Consumer agrees that the Supplier on noviotic.com has the right to send electronic messages at any time to the User or the Consumer, including newsletters or offers to purchase goods, as long as the User or the Consumer is registered in the Supplier's online store on noviotic.com.
(5) The User or the Consumer agrees that the Supplier on noviotic.com has the right to collect, store, and process data regarding the behavior of the User or the Consumer when using the Supplier's online store on noviotic.com.
Art. 24. (1) At any time, the Supplier on noviotic.com has the right to request the User to authenticate and verify the veracity of each of the circumstances and personal data declared during registration.
X. AMENDMENTS AND ACCESS TO THE GENERAL CONDITIONS
Art. 25. (1) These general conditions may be amended by the Supplier on noviotic.com, for which the latter will notify all Users in an appropriate manner.
(2) The Supplier on noviotic.com and the User agree that any supplementation and amendment to these general conditions will take effect with respect to the User in one of the following cases:
A) after explicit notification from the Supplier on noviotic.com, and if the User does not declare within the provided 14-day period that they reject them; or
B) after their publication on the Supplier's website on noviotic.com, and if the User does not declare within a 14-day period from their publication that they reject them.
C) with the explicit acceptance by the User through their profile on the Supplier's website on noviotic.com.
(3) The User agrees that all statements by the Supplier on noviotic.com regarding the amendment of these general conditions will be sent to the email address provided by the User. The User agrees that the emails sent under this article do not need to be signed with an electronic signature to be effective against them.
Art. 26. The Supplier on noviotic.com publishes these general conditions at www.noviotic.com, along with all supplements and amendments thereto.
XI. TERMINATION
Art. 27. These general conditions and the contract between the User and the Supplier on noviotic.com are terminated in the following cases:
• Upon termination and declaration of liquidation or insolvency of one of the parties to the contract;
• By mutual agreement of the parties in writing;
• In the event of objective impossibility for any of the parties to the contract to fulfill its obligations;
• Upon confiscation or sealing of the equipment by state authorities;
• In case of deletion of the User's registration on noviotic.com. In this case, concluded but unfulfilled purchase and sale contracts remain valid.
XII. DELIVERY TERMS
Noviotic can deliver the selected products to the address provided by you. Orders placed will be processed within 2 working days. Delivery charges will be calculated in the order price. Delivery cost will depend on your choice of delivery. We work with the courier company "Speedy".