GENERAL TERMS

GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE petitefleurbg.cloudcart.net

1. SUBJECT

Art. 1. These General Terms and Conditions are intended to regulate the relationship between, UIC, with registered office and address of management: Vienna 1040, hereinafter referred to as PROVIDER , and customers, hereinafter referred to as USERS , on the petitefleurbg e-commerce platform called below "petitefleurbg.cloudcart.net" .

ІІ. SUPPLIER DATA

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

1. Provider Name: ""
2. Headquarters and address of management: Vienna 1040
3. Business address and consumer complaint address: Vienna 1040
4. Correspondence data: [email protected], phone +359888522829
5. Entry in public registers: UIC
6. Supervisors:

(1) Commission for Personal Data Protection

Address: Sofia, Prof. Tsvetan Lazarov ”№ 2,

tel .: (02) 940 20 46

fax: (02) 940 36 40

Email: [email protected], [email protected]

Website: www.cpdp.bg.

(2) Consumer Protection Commission

Address: 1000 Sofia, 4A Slaveykov Square, 3rd, 4th and 6th floors,

tel .: 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. CHARACTERISTICS OF THE PLATFORM

Art. 3. petitefleurbg is an e-commerce platform available on the Internet petitefleurbg.cloudcart.net, through which Users have the opportunity to enter into contracts for the 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 to provide information;
2. To review the goods, their characteristics, prices and delivery conditions;
3. To conclude with the Provider contracts for purchase and sale and delivery of goods offered by the platform petitefleurbg.cloudcart.net;
4. To make any payments in connection with the concluded contracts through the platform petitefleurbg.cloudcart.net electronic means of payment.
5. To receive information about new products offered by the Provider in the platform petitefleurbg.cloudcart.net;
6. To make electronic statements in connection with the conclusion or execution of contracts with the Provider in the platform petitefleurbg.cloudcart.net through the interface of the page of petitefleurbg.cloudcart.net, available on the Internet;
7. To be informed about the rights arising from the law, mainly through the interface of the platform petitefleurbg.cloudcart.net on the Internet;
8. Exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

Art. 4. The Provider in the platform petitefleurbg.cloudcart.net organizes the delivery of the goods and guarantees the rights of the Users provided by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.

Art. 5. (1) The users conclude with the Provider in the platform petitefleurbg.cloudcart.net a contract for purchase and sale of goods, at petitefleurbg.cloudcart.net 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 petitefleurbg.cloudcart.net 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 submitting the statement for the conclusion of the contract Provider in the platform petitefleurbg.cloudcart.net

(3) Users pay to the Provider of the platform petitefleurbg.cloudcart.net remuneration for the delivered goods in accordance with the conditions set out in the platform petitefleurbg.cloudcart.net and these general conditions. The remuneration is in the amount of the price announced in the platform petitefleurbg.cloudcart.net

Art. 6. (1) The User and the Provider in the platform petitefleurbg.cloudcart.net agree that all statements between them in connection with the conclusion and implementation of the contract of sale may be made electronically and through electronic statements within the meaning of the Act for the electronic document and the 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 when registering, if the User has entered the appropriate name and password for access.

1. REGISTRATION FOR USE OF petitefleurbg.cloudcart.net

Art. 7. (1) In order to use petitefleurbg.cloudcart.net to enter into contracts for the sale of goods, the User must enter his chosen name and password for remote access or identify himself through his Facebook or Google account, with which is deemed to have accepted these general terms and conditions.

(2) The name and password for remote access are determined by the User by performing online registration on the website of the Provider in the platform petitefleurbg.cloudcart.net, 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. In case of change, the user is obliged to update the data specified in his registration or order in a timely manner.

1. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AGREEMENT

Art. 8. (1) Users mainly use the interface of the Provider's page in the platform petitefleurbg.cloudcart.net to enter into contracts for the sale of goods offered by suppliers in the platform petitefleurbg.cloudcart.net.

(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 platform petitefleurbg.cloudcart.net according to the following procedure:

(1) Login to the ordering system in the petitefleurbg platform.cloudcart.net

(2) Selecting one or more of the goods offered by the Provider in the platform petitefleurbg.cloudcart.net 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) Providing data for the delivery;

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

(6) Confirmation of the order;

1. CONTENT OF THE CONTRACT

Art. 10. (1) The Provider 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 capacity 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 accurately 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 petitefleurbg.cloudcart.net, 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 petitefleurbg.cloudcart.net are defined in the profile of each product in the platform petitefleurbg.cloudcart.net

(2) The price of the goods including all taxes and fees is determined by the Supplier in the platform petitefleurbg.cloudcart.net in the profile of each product in the platform petitefleurbg.cloudcart.net

(3) The value of postage or transport costs not included in the price of the goods is determined by the Provider in the platform petitefleurbg.cloudcart.net 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 petitefleurbg.cloudcart.net

(5) The information provided to the Users under this article is current at the time of its visualization in the platform petitefleurbg.cloudcart.net 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 petitefleurbg.cloudcart.net or e-mail.

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

(2) The User chooses independently whether to pay the Provider in the platform petitefleurbg.cloudcart.net the price for delivery of the goods before or at the time of delivery.

(3) In case the value of the order of the User is equal to 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 petitefleurbg.cloudcart.net 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 Conditions .

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

1. for delivery of goods made to order of the consumer or according to his individual requirements;
2. for the supply of goods which, by their nature, may deteriorate or have a short shelf life;
3. for the delivery of sealed goods which are unsealed after delivery and cannot be returned due to reasons related to hygiene or health protection;
4. for the supply of goods which, after being delivered and, by their nature, have been mixed with other goods from which they cannot be separated;
5. for the delivery of sealed audio or video recordings or sealed computer software that are printed after delivery, including activation codes for software licenses, software features, 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 petitefleurbg.cloudcart.net has not fulfilled its obligations to provide information set out 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 a statement of withdrawal under this article directly to the Provider through the single withdrawal form available on the Provider's website in the platform petitefleurbg.cloudcart.net at the address Appendix № 1 to these general conditions.

(4) When the Consumer has exercised his right to withdraw from the distance or off-premises contract, the Provider shall reimburse all amounts received by the consumer, including delivery costs, without undue delay and no 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 the return of the goods himself and at his own expense. The Supplier has no obligation 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 undertakes to store the goods received by the Provider in the platform and to ensure the preservation of their quality and safety during the period 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 the GENERAL TERMS and CONDITIONS in the platform petitefleurbg.cloudcart.net and in Annex № 1 to these general conditions .

(8) When the provider in the platform petitefleurbg.cloudcart.net 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 sent the goods back, depending which of the two happened earlier.

(10) Notwithstanding the above hypotheses, the Consumer undertakes to return the goods in a commercial form that allows its subsequent sale, unless the unpacking of the goods leads to obvious distortion 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 Provider 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.

(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 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 petitefleurbg.cloudcart.net

(2) In case the User and the Provider in the platform petitefleurbg.cloudcart.net 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 petitefleurbg.cloudcart.net platform

(3) If the Provider in the platform petitefleurbg.cloudcart.net 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 petitefleurbg.cloudcart.net undertakes to comply with all requirements established in the Bulgarian legislation regarding the labeling, advertising and sale of food supplements.

VIII. PERFORMANCE OF THE AGREEMENT

Art. 19. (1) The Provider in the platform petitefleurbg.cloudcart.net may organize the delivery and delivery of the goods to the User by the respective courier within the period 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 Provider immediately in the platform petitefleurbg.cloudcart.net

(2) If the User does not notify the Provider in the platform petitefleurbg.cloudcart.net according to para. 1 the goods are considered approved as meeting the requirements, except for hidden defects.

Art. 21. The supplier in the platform petitefleurbg.cloudcart.net 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.

1. PROTECTION OF PERSONAL DATA

Art. 23. (1) The collection, storage and processing of personal data shall be carried out in accordance with the Policy of for the privacy of personal data, which you can access here 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 time limits provided 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 deadlines. 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 petitefleurbg.cloudcart.net has the right to send at any time electronic messages to the User or the User, including newsletter or offers to purchase goods, while there is a registration of the User or the User in the e-shop of the Provider in the platform petitefleurbg.cloudcart.net

(5) The User or the User agrees that the Provider of the platform petitefleurbg.cloudcart.net has the right to collect, store and process data to the behavior of the User or the User when using the e-shop of the Provider in the platform petitefleurbg.cloudcart.net The User has the right to object to the storage or access to the information referred to in paragraph 3 in the ways provided for in the Privacy Policy.

Art. 24. (1) At any time, the Provider in the platform petitefleurbg.cloudcart.net has the right to require the User to identify himself and certify the authenticity of each of the announced during the registration circumstances and personal data.

(2) In the event that for any reason the User has forgotten or lost his name and password, the Provider of the platform petitefleurbg.cloudcart.net has the right to apply the announced "Procedure for lost or forgotten names and passwords", available at: petitefleurbg. cloudcart.net

1. AMENDMENT AND ACCESS TO THE GENERAL TERMS

Art. 25. (1) These general terms and conditions may be amended by the Provider of the platform petitefleurbg.cloudcart.net, for which the latter will notify in an appropriate manner all registered Users.

(2) The Provider in the platform petitefleurbg.cloudcart.net and the User agree that any additions and changes to 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 platform petitefleurbg.cloudcart.net and if the User does not state within the 14-day period that he rejects them; or

B) after their publication on the website of the Provider in the platform petitefleurbg.cloudcart.net 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 petitefleurbg.cloudcart.net

(3) The User agrees that all statements of the Provider in the platform petitefleurbg.cloudcart.net, in connection with the change 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.

1. TERMINATION

Art. 27. The present general conditions and the contract of the User with the Provider in the platform petitefleurbg.cloudcart.net 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 petitefleurbg.cloudcart.net 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 notice and without due compensation to terminate the contract unilaterally, if it finds that the User uses the platform petitefleurbg.cloudcart.net in violation of these general terms and conditions, the legislation of the Republic of Bulgaria, the 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 platform petitefleurbg.cloudcart.net and the Provider in case of lawsuits and other claims of third parties (whether justified or not), for all damages and costs, including legal fees. fees and legal expenses) arising from 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) illegal transfer to 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 is not responsible 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 liable for property or non-property damages, expressed in lost profits or damages caused to the User in the process of using or not using petitefleurbg.cloudcart.net 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 petitefleurbg.cloudcart.net

Art. 32. (1) The provider shall not be liable in case of overcoming the security measures of the technical equipment and consequent loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.

(2) The Provider is not responsible in case of concluding a contract of sale, providing access to information, loss or alteration of data occurred as a result of false identification of a third party who presents himself as the User, if the circumstances may judge that this person is the User.

XIII. OTHER TERMS

Art. 33. (1) The User and the Provider in the platform petitefleurbg.cloudcart.net are obliged to mutually protect their rights and legitimate 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 contract period 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 domain.

Art. 34. In case of conflict between these general terms and conditions in a special contract between the Provider in the platform petitefleurbg.cloudcart.net 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 petitefleurbg.cloudcart.net.

Annex № 1 - Standard form for exercising the right of withdrawal

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 any 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 specified by you, have entered into possession of the goods.
4. In order to exercise your right of withdrawal, you must notify us of the contact details provided on petitefleurbg.cloudcart.net and of your decision to withdraw from the contract with an unequivocal statement (eg a letter sent by post, fax or e-mail).
5. You can use the attached standard opt-out 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 petitefleurbg.cloudcart.net If you use this option, we will immediately send you a confirmation message on durable media (eg by e-mail) of receiving the 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 agreement, we will refund all payments we have received from you, including shipping costs (except for additional costs associated with your chosen shipping method other than the cheapest standard shipping method, offered by us), without undue delay and in any case not 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 be at any cost to you.
3. We have the right to defer refunds until we receive the goods back or until you provide us with proof that you have sent the goods back, whichever comes first.
4. You must bear the direct cost of returning the goods. The cost is not expected to exceed approximately the amount of the 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.

See additional user information at petitefleurbg.cloudcart.net