Terms

GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE www.medivaric.bg

I. SUBJECT

Art. 1. These general terms and conditions are intended to regulate the relations between "CUMBIA" LTD, UIC 207353133, with headquarters and management address: city of Plovdiv, "Plamak" street 8, floor 2, apartment. 7, hereinafter referred to as SUPPLIER, and the customers, hereinafter referred to as USERS, of the e-commerce platform, hereinafter referred to as "www.medivaric.bg".

ІІ. PROVIDER INFORMATION

Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Provider: "CUMBIA" LTD
2. Registration in public registers: UIC 207353133
3. Headquarters and address of management: city of Plovdiv, "Plamak" street 8, floor 2, apartment 7
4. Address for exercising the activity and address for submitting complaints by users: city of Plovdiv, "Plamak" street 8, floor 2, apartment 7
5. Correspondence details: info@medivaric.bg, telephone 08935111166
6. Supervisory authorities:

(1) Commission for the Protection of Personal Data
Address: Sofia, "Prof. Tsvetan Lazarov" No. 2,
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 Sofia, "SlavUICov" square #4A, floors 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg

III. CHARACTERISTICS OF THE PLATFORM/ONLINE STORE

Art. 3. www.medivaric.bg is an e-commerce platform, accessible at the Internet address www.medivaric.bg, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier on the platform, including the following:
1. Register and create a profile for browsing the Provider's online store and using additional services for providing information;
2. To review the goods, their characteristics, prices and terms of delivery;
3. To enter into contracts with the Supplier for the purchase and sale and delivery of the goods offered on the www.medivaric.bg platform;
4. To make any payments in connection with the concluded contracts through the platform www.medivaric.bg electronic means of payment.
5. To receive information about new goods offered by the Provider on the platform www.medivaric.bg;
6. To make electronic statements in connection with the conclusion or execution of contracts with the Supplier on the www.medivaric.bg platform through the interface of the www.medivaric.bg page available on the Internet;
7. To be notified of the rights arising from the law, primarily through the platform interface www. medivaric.bg on the Internet;
8. To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

Art. 4. The supplier on the www.medivaric.bg platform organizes the delivery of the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.

Art. 5. (1) Users conclude with the Provider on the platform www. medivaric.bg contract for the purchase and sale of the goods, at www. medivaric.bg. The contract is concluded in the Bulgarian language, with the acceptance of the general terms and conditions and is stored in the database of the Supplier in the platform.
(2) Pursuant to the contract concluded with the Users for the purchase and sale of goods, the Provider in the platform www. medivaric.bg undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the platform interface. Users have the right to correct errors when entering information no later than sending the statement to conclude the contract with the Supplier on the platform www.medivaric.bg

(3) Users pay the Platform Provider www. medivaric.bg the value of the goods according to the conditions defined in the medivaric.bg platform and these general terms and conditions. The value of the goods is equal to the price announced on the www.medivaric.bg platform

Art. 6. (1) The User and the Supplier on the www.medivaric.bg platform agree that all statements between them in connection with the conclusion and execution of the sales contract can be made electronically and through electronic statements within the meaning of the Law 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 were made by the persons specified in the data provided by the User during registration or when providing the necessary data for the User's individualization, if the User has entered the relevant name and password for access or has provided the necessary personalization

REGISTRATION TO USE www.medivaric.bg

Art. 7. (1) In order to use www.medivaric.bg 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 provide the necessary data for his individualization, which is considered, that he has accepted these terms and conditions.
(2) The name and password for remote access or the provided necessary data for individualization of the user are determined by the User, by performing online registration or entering the user's data on the Provider's website on the www.medivaric.bg platform, in accordance with the procedure specified therein.
(3) By filling in his data in the user basket and pressing the "Order" button, the User declares that he accepts and is familiar with these general conditions, agrees with their content and undertakes to unconditionally comply with them.
(4) The Supplier confirms the order placed by the User by e-mail. By providing order data and/or creating an account for the User, a contractual relationship arises between the User and the Supplier.
(5) When registering or ordering, the User undertakes to provide correct and up-to-date data. The user undertakes to promptly update the data specified in his registration or order in the event of a change.

V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE-SALE AGREEMENT

Art. 8. (1) Users primarily use the interface of the Supplier's page on the www.medivaric.bg platform to conclude contracts for the purchase and sale of the goods offered by the suppliers on the www.medivaric.bg platform.
(2) In cases of ordering goods without registration by the User, the latter accepts these general conditions at the moment of providing the necessary data for individualization, at the place designated for this and acceptance of the general conditions.

Art. 9. Users conclude the contract for the purchase and sale of goods on the www.medivaric.bg platform according to the following procedure:
(1) Login to the system for making orders on the platform www.medivaric.bg
(2) Selecting one or more of the goods offered by the Supplier on the www.medivaric.bg platform and adding them to a list of goods for purchase.
(3) Provision of the necessary data for the identification of the User as a party to the contract.
(4) Providing data for making the delivery;
(5) Choice of method and moment of payment of the price.
(6) Order Confirmation;

VI. CONTENT OF THE CONTRACT

Art. 10. (1) The Supplier 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 with the separate purchase and sale contracts.
(3) The rights of the Users in relation to the delivered goods are exercised separately for each purchase and sale contract. The exercise of rights in relation to delivered goods does not affect and has no effect in relation to the contracts for the purchase and sale of the other goods. In the event that the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract for the purchase and sale of certain goods does not affect the contracts for the purchase and sale of the other goods delivered to the user.

Art. 11. When exercising the rights under the sales contract, the User is obliged to specify precisely and unequivocally the contract and the goods, in relation to which he exercises the rights.

Art. 12. The user can pay the price for the individual sales contracts at once when ordering the goods or upon their delivery.

VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE QUALITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT

Art. 13. The rules of this section VII of these general conditions apply only to Users who, according to the data specified for the conclusion of the purchase and sale contract or during the registration at www.medivaric.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 October 25, 2011.

Art. 14. (1) The main characteristics of the goods offered by the Supplier on the www.medivaric.bg platform are defined in the profile of each product on the www.medivaric.bg platform
(2) The price of the goods, including all taxes and fees, is determined by the Supplier on the www.medivaric.bg platform in the profile of each product on the www.medivaric.bg platform
(3) The value of the postal or transport costs, not included in the price of the goods, is determined by the Supplier on the www.medivaric.bg platform and is 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 the present general conditions and the information provided to the User through the mechanisms on the platform www.medivaric.bg
(5) The information provided to the Users under this article is current at the time of its visualization on the www.medivaric.bg platform before the conclusion of the sales contract.
(6) Users agree that all information required by the Consumer Protection Act can be provided through the platform interface www.medivaric.bg or e-mail.

Art. 15. (1) The User agrees that the suppliers on the www.medivaric.bg platform 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 on the www.medivaric.bg platform the price for the delivery of the goods before or at the time of their delivery.br/> (3) In the event that the value of the User's order is equal to or exceeds BGN 10,000, payment shall be made only by transfer or payment to the Supplier's payment account.

Art. 16. (1) The User has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 14 days, counting from the date of acceptance of the goods by the Supplier through the single form for withdrawal from the contract, available on the Supplier's website on the platform www.medivaric.bg and in Appendix No. 1 to these general terms and conditions. Information on exercising the right of withdrawal is available in the general terms and conditions in Appendix No. 2 to these general terms and conditions.
(2) The right of refusal under para. 1 does not apply in the following cases:
1. for the delivery of sealed goods that have been unsealed after their delivery and cannot be returned for hygiene or health protection reasons;
2. for delivery of sealed goods that have been tested after unsealing, due to violation of their original commercial appearance and for hygiene or health protection reasons.
3. for the delivery of goods which, after they have been delivered and due to their nature, have mixed with other goods from which they cannot be separated;
4. Complaints cannot be made in the case of incorrect spelling of a text in Cyrillic or Latin, if the text was not sent in the correct form. Only submitted Cyrillic texts are accepted for Cyrillic texts ande the User is responsible if there is a discrepancy between the Latin text written by him and the transliterated Cyrillic text. The same applies to spelling of the Latin alphabet and/or spelling of the Cyrillic alphabet incorrectly written by the User.
(3) When the provider on the www.medivaric.bg platform has not fulfilled its obligations to provide information, defined in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of up to one year and 14 days, starting from the date of receipt of the goods. When the information is provided to the user within the opt-out period, the same begins to run from the date of its provision. The user has the right to make the opt-out statement under this article directly to the Provider through the single contract opt-out form available on the Provider's website on the platform www.medivaric.bg at the address Appendix No. 1 to these general conditions. The user/client declares that he is aware of and accepts the right of withdrawal and the deadline for the same is within 14 days from the date of delivery, which is accepted with the acceptance of the general conditions.
(4) When the User has exercised his right to withdraw from the distance contract or the off-premises contract, the Supplier shall refund all sums received from the user, excluding delivery costs, which are at the expense of the user, without undue delay and no more later than 30 days from the date on which he was notified of the consumer's decision to withdraw from the contract and the goods were returned to the supplier's premises in their original commercial form. The provider refunds the amounts received using the same means of payment used by the user in the initial transaction, unless the user has expressed his express consent to use another means of payment and provided that this is not associated with costs for the user.
(5) When exercising the right of refusal, the costs of returning the delivered goods are 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 has no obligation to reimburse the additional costs of delivery of the goods when the consumer has explicitly chosen a method of delivery of the goods.
6) The User undertakes to store the goods received from the Supplier in the platform and to guarantee the preservation of their quality and safety during the period under para. 1.
(7) The User may exercise his right to cancel the contract with the Supplier by sending a written statement to the Supplier using the standard contract cancellation form, available in the GENERAL TERMS and CONDITIONS on the www.medivaric.bg platform and in Appendix No. 1 to these general conditions.
(8) When the supplier on the www.medivaric.bg platform has not offered to pick up the goods himself, he can withhold the payment of the amounts to the User until he receives the goods.
(9) Regardless of 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, hermetic packaging and other similar cases. In the case of a damaged commercial appearance of the goods, the Supplier has the right at its discretion to refuse to accept a withdrawal from the contract or to charge the User costs for restoring the goods in commercial appearance.
(10) In the 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 term of delivery of the goods is determined for each good separately when concluding the contract with the user through the Supplier's website on the platform www.medivaric.bg
(2) In the event that the User and the Supplier on the www.medivaric.bg platform have not determined a delivery time, the delivery time of the goods is 30 calendar days, starting from the date following the sending of the user's order to the Supplier via the Supplier's website in the platform www.medivaric.bg
(3) If the Supplier on the www.medivaric.bg platform cannot fulfill the contract due to the fact that it does not have the ordered goods, it is obliged to notify the User of this and to refund the amounts paid by it.

Art. 18. The supplier on the www.medivaric.bg platform undertakes to comply with all the requirements established in the Bulgarian legislation regarding the labeling, advertising and sale of the goods.

VIII. PERFORMANCE OF THE CONTRACT

Art. 19. (1) The supplier on the www.medivaric.bg platform can organize the delivery and handing over of the goods to the User by a relevant courier within the period determined upon conclusion of the contract.
(2) If the term under para. 1 is not expressly agreed between the parties at the conclusion of the contract, the Supplier organizes the delivery and handover within a reasonable time.
Art. 20. (1) The User must inspect the goods at the time of delivery and handover and, if they do not meet the requirements, notify the Supplier immediately on the www.medivaric.bg platform
(2) If the User does not notify the Supplier on the www.medivaric.bg platform according to para. 1 the goods are considered to be approved as conforming to the requirements except for hidden defects.

Art. 21. The supplier on the www.medivaric.bg platform does not undertake to provide the necessary service and repair of the goods.

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

IX. PROTECTION OF PERSONAL DATA

Art. 23. (1) The collection, storage and processing of personal data is carried out in accordance with the Personal Data Privacy Policy, 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, and the Provider processes them for the purposes and within the terms stipulated in the Personal Data Privacy Policy.
(3) If the User agrees to the Personal Data Privacy Policy, the User expressly confirms that he agrees that the Provider stores information or receives access to the information stored in the User's end device for the purposes and terms comprehensively provided for in it. The User agrees that the Provider may store information or access the information stored in the User's end device and on other grounds specified in the Privacy Policy.
(4) The User agrees that the Provider of the platform www.medivaric.bg has the right to send electronic messages to the User at any time, including a newsletter or offers for the purchase of goods, as long as the User is registered in the Provider's electronic store on the platform www.medivaric.bg. medivaric.bg
(5) The User agrees that the Provider of the www.medivaric.bg platform has the right to collect, store and process data on the User's behavior when using the Provider's electronic store on the www.medivaric.bg platform. 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 www.medivaric.bg platform has the right to require the User to identify himself and to certify the veracity of each of the circumstances and personal data announced during registration.
(2) In the event that for some reason the User has forgotten or lost their username and password, the Provider of the www.medivaric.bg platform has the right to apply the announced "Procedure for lost or forgotten usernames and passwords", available at: www.medivaric.bg

X. 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 www.medivaric.bg, of which the latter will notify all registered Users in an appropriate manner.
(2) The provider on the www.medivaric.bg platform and the User agree that any addition and amendment to these general terms and conditions will have an effect on the User in one of the following cases:
A) after being expressly notified by the Provider on the www.medivaric.bg platform and if the User does not state within the 14-day period granted to him that he rejects them; or
B) after their publication on the Supplier's website on the www.medivaric.bg platform 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 on the platform www.medivaric.bg
(3) The User agrees that all statements of the Provider on the www.medivaric.bg platform, 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 pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.

Art. 26. The supplier publishes these general terms and conditions at www.medivaric.bg along with all additions and amendments to them.

XI. TERMINATION

Art. 27. These general terms and conditions and the User's contract with the Supplier on the www.medivaric.bg platform are terminated in the following cases:
 in case of termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
 by mutual agreement of the parties in writing;
 in case of objective impossibility 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 www.medivaric.bg platform. In this case, the concluded but unexecuted sales contracts remain valid and enforceable;
 Art. 28. The Supplier has the right at its discretion, without giving notice and without paying compensation, to unilaterally terminate the contract, in case it finds that the User is using the www.medivaric.bg platform 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 practice in electronic commerce.

XII. RESPONSIBILITY

The supplier is not responsible for delays in deliveries for reasons beyond its control. The delivery terms are indicative, depend on the availability in the Supplier's warehouses and can be extended if necessary.

The Provider is not responsible for the accuracy, completeness, currency and applicability of the information provided in the Author Content on the Website. The author of the respective authored material is solely responsible for the content, including the originality of his material and that no copyright or other intellectual property rights of third parties are violated.

The information and publications posted on the website pages are for informational purposes only. No part of the content on the website should be understood as medical advice or a recommendation for the diagnosis or treatment of health problems. The articles and materials are not specialized scientific works and their purpose is to provide general awareness of diseases, body conditions, treatment options and a healthy lifestyle. The authors of the content and the administrator of the website do not guarantee the accuracy, completeness, topicality and applicability of the information provided. Each User should seek professional advice from their personal physician or other qualified medical specialist on all matters concerning their state of health.

Art. 29. The user undertakes to indemnify and release from liability the suppliers on the platform www.medivaric.bg and Supplier against lawsuits and other claims of third parties (whether justified or not), for all damages and costs (including attorneys' fees and legal costs) arising out of or in connection with (1) failure to perform any of the obligations under this Agreement, (2) infringement of copyright, production rights, 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 status of user within the meaning of the Consumer Protection Act.

Art. 30. The provider is not responsible in case of force majeure, random events, Internet problems, 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 is not responsible for property or non-property damages, expressed in lost benefits or suffered damages, caused to the User in the process of using or not using www.medivaric.bg 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 www.medivaric.bg

Art. 32. (1) The supplier is not responsible 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 Supplier shall not be liable in the event of the conclusion of a sales contract, provision of access to information, loss or change of data occurring as a result of false identification of a third party who presents himself as the User, if the circumstances can believes that this person is the User.

XIII. OTHER TERMS AND CONDITIONS

Art. 33. (1) The User and the Supplier on the www.medivaric.bg platform undertake to protect each other's rights and legal interests, as well as to protect their trade secrets, which became their possession in the process of executing the contract and these general terms and conditions.
(2) The User and the Supplier undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence between them. Publication of correspondence in print and electronic media, Internet forums, private or public websites, etc. may be considered public domain.

Art. 34. In the event of a conflict between these general terms and conditions and provisions in a special contract between the Supplier on the www.medivaric.bg platform and the User, the clauses of the special contract shall take precedence.

Art. 35. The possible invalidity of any of the provisions of these general terms and conditions will not result in the invalidity of the entire contract.

Art. 36. The laws of the Republic of Bulgaria shall apply to matters 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 www.medivaric.bg.

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

Information regarding the exercise of the right to withdraw from the contract

Standard opt out instructions:
1. Right to withdraw from the contract at a distance or outside the commercial premises.
2. You have the right to withdraw from this contract without giving reasons within 14 days.
3. The cancellation period is 14 days from the date on which you or a third party, other than the carrier and indicated by you, took possession of the goods.
4. In order to exercise your right of withdrawal, you must notify us at the contact details by e-mail: info@medivaric.bg indicated on www.medivaric.bg and of your decision to withdraw from the contract with an unequivocal application in the form of Appendix #1 to the general conditions.
5. To cancel, use the attached standard cancellation form. You can also complete and submit electronically the standard opt-out form or other unambiguous opt-out application on our website www.medivaric.bg. If you use this option, we will immediately send you in a durable medium (for example, by e-mail) a message confirming receipt of the opt-out.
6. In order to comply with the withdrawal period, it is sufficient to send your message regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.

Action of refusal.

1. If you withdraw from this contract, we will refund to you all payments we have received from you, excluding delivery costs, without undue delay and in any event within a reasonable time from the date on which you inform us of your decision to cancellation of this contract and return of the goods received. The refund period is 30 days and is counted from the date of the later event, and the two events must be fulfilled cumulatively. We will make the refund to the bank account specified by you;
2. Refunds are made after receipt of the goods by the Seller.
3. You must bear the direct costs of returning the goods. Costs are expected to not exceed the approximate cost of delivery or standard courier service.
4. You are solely responsible for any reduction in the value of the goods as a result of testing them other than as necessary to establish their nature, characteristics and proper functioning. In case of damage to the goods in connection with a sample or other type of operation, the amount is not refunded.
5. Complaints cannot be made in the case of incorrect spelling of a text in Cyrillic or Latin, if the text was not sent in the correct form. Only submitted Cyrillic texts are accepted for Cyrillic texts ande the User is responsible if there is a discrepancy between the Latin text written by him and the transliterated Cyrillic text. The same applies to the spelling of Latin.

Refund of amount paid

When using the right of complaint and/or return of goods and/or refusal of contractual relations, the users of Cumbia Ltd. have the right to a refund of the amounts paid by them within 30 days, and the refund of the amount is through the following payment channels, according to the method of payment received.
1. If the customer has paid cash in our store for an item, the customer receives a cash refund/on hand.
2. If the customer has paid in our store using a bank card, the amount will be refunded only to the same card with which the payment was made (the refund will be made through a refund operation using the same payment instrument of the user with which he made the payment! You cannot receive the amount in cash / in hand in our store if you have paid for the goods using a bank card.
3. If the client has paid via bank transfer, Cumbia Ltd. will refund the amount to the client's account from which the payment was received.
4. If the customer received the goods by courier and paid by Cash on Delivery during delivery, the amount can be refunded to a bank account in the name of the person who received and paid for the goods/services upon delivery. If the person does not have a bank account in his name, the customer sends to Cumbia Ltd. the goods subject to a refund by courier company SPIDI or at the request of the customer using the "Cash on Delivery" and "View" options for his account. After an employee of Cumbia Ltd. is convinced that the goods are in working order, a complete set and packaging, accompanied by the purchase documents, he pays the courier the amount that the customer will receive.
Additional user information can be found at www.medivaric.bg

Annex 1 - Standard form for exercising the right of withdrawal

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