Terms and conditions of use

General conditions for the use of

website www.vivasan.bg and e-shop VIVASAN

Welcome to our website www.vivasan.bg with useful products for your health and beauty! Please read the Terms and Conditions before using the website. These Terms and Conditions govern the relationship between users of the services and resources on the website www.vivasan.bg , on the one hand, and the website administrator, on the other hand. Access, registration and use in any way of the website and e-shop require your agreement to these Terms and Conditions.

I. Definitions

Terms and Conditions, T&C - the terms and conditions that govern the use of the Website and its services and resources.

Website, Site - a separate space on the Internet with a web address (URL) www.vivasan.bg.

E-store - a website through which the sale of goods/services is made by concluding a distance contract under Article 45 of the Consumer Protection Act.

Administrator, We - the company that manages and maintains the Website and the Services - "Vivasan BG" Ltd, registered in the Commercial Register of the Republic of Bulgaria with UIC 130354173, with registered office and registered address. Sofia 1000, Oborishte District, Sofia 1000, Oborishte Blvd. Knyaz Aleksandar Dondukov №49, et. 1, app. 1.

User, you - a natural or legal person who accesses the Website and uses the e-shop to order goods and/or use other services on the Website.

Services - all services, resources and functionalities provided by the Administrator through the Website

Goods - all goods offered for sale by the Administrator or third parties (merchants) through the E-store

II. Validity and effect

1. These T&C constitute a legal agreement which shall be binding on the Users and the Administrator. Accessing and browsing the Services and resources on the Website without registration will be deemed to be the User's acceptance of these T&C. Registration on the Website and ordering Goods without registration requires the User's prior agreement to these GTC and other written terms of the Administrator published on the Website. The relationship between the parties shall be governed exclusively and solely by these GTC, the Personal Data and Cookie Policy and other terms and conditions in writing created and published by the Administrator on the Website, which are an integral part of these GTC.

2. These GTC apply equally to registered and unregistered Users. The TOS do not address or regulate any matters arising from or related to the provision of links to other third party sites, advertisements and software, insofar as such services are not provided and controlled by the Administrator.

3. The Administrator reserves the right to change the Website's TOS at any time. Users will be notified of changes by a notice prominently displayed on the Website. By accepting these GTC, the User agrees to be informed of changes from time to time. In the event of disagreement with the new version of the GTC, the User should not use the Website and its services after the new version comes into force and has the right to request the Administrator to explicitly delete the account and personal data. If the User continues to use the Website and the Services after updating the TOU, the User will be deemed to have agreed to the latest published version of the TOU.

4. The Controller makes no warranties as to the completeness or accuracy of the information, technical or other omissions or errors in the Website.

III. Goods. Services

5. The purchase of a product involves an obligation to pay. Before you place an order, you will receive all the information about the final price you have to pay. The User is responsible for the selection of any Goods or Services and for their conformity with his/her expectations as to the type, quality, features and main purpose of the Goods or Services. Affiliate Programs and Training Services available on the Website are made available to Registered Users upon verification and approval by the Administrator of eligibility for the applicable Service.

6. We use our best efforts to display the colours and images of our Products in the E-Store catalogue as accurately as possible, but make no warranty that such images are completely identical to the colours and appearance of the Products. The product pictures are intended to give the most general idea of the appearance and main features of the products. Further product information is given in the description and specification for each product. Any product descriptions or product prices are subject to change at any time, without notice, at the Administrator's discretion.

7. The Administrator shall provide and the User shall use the Services as advertised, in accordance with the terms and parameters set out on the Website. The Services and the resources on the Website are used at the User's own risk and responsibility. The User is responsible for the selection of any Goods or Services and for their conformity with the User's expectations as to the type, quality, features and principal purpose of the Goods or Services. We reserve the right to discontinue the sale of any Product at any time, and to restrict sales of certain Products to a particular time period or region. We may exercise this right at any time and on a case-by-case basis. We reserve the right to limit the quantities of any products we offer.

IV. Order. Distance Selling Contract.

8. The User can order Goods from the catalogue in the E-store by clicking on the "Add to Cart" button located below the image of the selected product. The user has the option to view the selected goods in the cart and their final price, make changes to the type or number of goods, use a voucher or cancel the order.

9. After reviewing the contents of the shopping cart, the User must complete the next steps of the order by clicking on the "Proceed to Checkout" button and provide their contact and shipping details, select a shipping method and payment method, and confirm their agreement to these Terms and Conditions and the Terms and Conditions of Delivery by clicking on the "I agree to the Terms and Conditions of Delivery" button.

10. The completed order is sent via the "Confirm Order" button. The order is deemed to be accepted upon receipt of an email confirmation from the Administrator, whereby it is deemed to be accepted and the Distance Purchase Agreement becomes effective. The Administrator may not confirm an order sent in the event that some of the products ordered are out of stock or out of stock, of which the user shall be notified in a timely manner. In these cases, the user may choose one of the following options: to cancel the order; to choose a replacement product(s) and send a new order; to expressly agree to an extended order fulfillment period.

V. Prices. Payment

8. The User can order Goods from the catalogue in the E-store by clicking on the "Add to Cart" button located below the image of the selected product. The user has the option to view the selected goods in the cart and their final price, make changes to the type or number of goods, use a voucher or cancel the order.

11. The prices of the Goods offered in the E-store are in Bulgarian levs (BGN) and euros (EUR), including all taxes and fees. The Administrator reserves the right to change prices at its sole discretion without prior notice.

12. The prices of the Goods shall be valid until the date specified in the E-Shop (if an end date is specified) or until subsequently changed by the Administrator. Notice of reduced prices is given by placing the new price next to the old price which is crossed out.

13. The final amount payable by the User for each order, including taxes, fees and delivery charges where payable, are stated before the order is confirmed.

14. The User shall pay for the order by cash on delivery, through VPOS (Virtual POS) - payment by bank transfer by credit card, debit card or direct bank transfer or in any other way expressly indicated in the E-Shop. In the case of cash on delivery, the value of the order (the amount of the product(s) purchased and the cost of delivery) shall be paid to the courier upon delivery. In case of payment by direct bank transfer, transfer fees will be charged according to the current tariff of the respective bank. It is advisable to consult the terms and conditions and service charges of the relevant bank in order to select the most suitable or economical payment method from those available. By accepting these GTC, the User agrees to pay the order amount in advance when direct bank transfer is chosen as the payment method.

VI. Delivery

15. Terms of delivery:

• 15.1. The Administrator uses the services of licensed courier companies "Speedy" AD .
• 15.2. The Administrator performs free delivery for all orders over 100 (one hundred) leva.
• 15.3. The User receives a call from the Administrator to confirm or reject an order already sent.
• 15.4. The Administrator does not commit to an exact time of delivery. Deliveries are made within the working day of the respective courier service provider in accordance with the approved schedule. Deviations from the stated delivery times are possible in the event of exceptional circumstances beyond the reasonable control of the Administrator and the supplier.
• 15.5 Delivery shall be made to the address specified by the User. In the case of an incomplete address, delivery shall be made to the building specified as the delivery address. If incorrect address, contact person and/or telephone number details are given in an order sent, the Administrator shall not be liable for the performance of the order.
• 15.6 Upon transmission of an order, the User or a third party recipient of the order shall sign the accompanying documents. A third-party recipient shall be deemed to be anyone who is not the Order Holder but accepts delivery on behalf of the Order Holder at the delivery address specified in the Order.
• 15.7 Upon delivery of an order, the User or a third party recipient of the order shall sign the accompanying documents. A third-party recipient shall be deemed to be anyone who is not the Order Holder but accepts delivery on behalf of the Order Holder at the delivery address specified in the Order.
• 15.8. The terms and conditions of delivery are detailed in the "Terms and Conditions of Delivery" section of the Website, available at.
• You understand and are informed that the provision of some of our Services requires access to your personal data, such as the fulfillment of an order you have placed.
• The table below sets out the categories of personal data we collect, the purposes for which we collect it, the legal basis on which we process it and the period for which we retain it:

VII. Access and Registration

16. Any user may register and create an account by completing the relevant electronic registration form available on the Website, here.

17. The user must complete all required fields in the registration form and is responsible for the accuracy, timeliness and truthfulness of the data provided. By clicking on the button to agree to these Terms and Conditions upon registration, the User expresses his/her agreement to the Terms and Conditions and declares that he/she has the capacity to enter into distance contracts and accepts responsibility for all acts and/or omissions related to the use of his/her user profile on the Website.

18. Purchase of Goods from the catalogue in the E-store is possible without creating a user profile.

19. When ordering, the User must enter a complete, accurate and up-to-date delivery address, first and last name, email, contact telephone number(s). For each individual order, the User has the option to specify a different contact telephone number and delivery address.

IX. Rights and Obligations of the Parties

20. The User shall:

• 20.1. To use the services and resources offered on the Website lawfully, as intended and in accordance with these GTC.
• 20.2. To provide accurate and correct information when registering and placing an order (current, complete and accurate delivery address, telephone and contact details), not to impersonate another person, not to create user profiles by automated means or otherwise, not to attempt to misrepresent his/her identity when making communications through the Website, not to place fictitious orders.
• 20.3. To access the Services and resources of the Website through the technologies and means provided by the Website, implemented through its normal functionality, and not to use, copy or distribute, in whole or in part, the Website and its content for any purpose beyond those expressly set out in the T&C.
• 20.4. To pay the price of the goods of each confirmed order according to the chosen payment method and to receive the goods delivered to the address indicated in the order.
• 20.5. To pay the transport and other costs of receiving and returning the Goods where such costs are payable.

21. The User is prohibited from doing any of the following: copying, adapting, reverse engineering, modifying, creating derivative works of the software on the Website, including but not limited to Flash, PHP, HTML, JavaScript, JavaApplets or other code and/or programming resources; circumventing, removing, manipulating any security features and measures and technical means in place to protect the Services and the Website from unauthorized access, hacking and other destructive, malicious attacks and disruptive activities, including but not limited to any actions that have the purpose or effect of blocking access to the Services and/or the Website, loading and distributing illegal content, destroying all or part of the functionality of the Services and the Website, stealing and losing data from the Services.

We have the right to block a user's access to the website in its entirety or to individual parts or services if the user violates the GTC, the Privacy Policy and other terms and conditions that are an integral part of the GTC, as well as if the user or persons using the user's account commits, attempts or actually threatens to commit illegal acts, or acts that threaten the security and functioning of the services and/or the website, or affect the legitimate interests of users, the Administrator or its partners, contractors, or any of their affiliates.

We have the right to block a user's access to the website in its entirety or to individual parts or services in the event of a violation by the user of the TOU, the Privacy Policy and other terms and conditions that are an integral part of the TOU, as well as in the event that the user or persons using the user's account commits, attempts or actually threatens to commit illegal acts, or acts that threaten the security and functioning of the services and/or the website, or affect the legitimate interests of users, the Administrator or its partners, contractors.

22. The User has the right to:

• 22.1. To lawfully use the Website and all Services for the purposes and within the limits of these GTC.
• 22.2. To create a unique user profile and update his/her personal data in the process of placing an order.
• 22.3. To discontinue use of the Services and the Website at any time, at his/her sole discretion and request deletion / erasure / of his/her profile and personal data.
• 22.4. To check the contents of each order for conformity with the order, and to inspect the goods for visible defects.
• 22.5. To make a claim in the event of non-conformity of the Goods received with the distance purchase contract under the terms of Section IX.
• 22.6. Orders placed by minors may be cancelled by a parent/guardian upon written notification to the Administrator or validated by the parent/guardian consenting in writing ( by email) online to confirm an order by a minor.

23. The Administrator shall have the right to:

• 23.1. At any time, at its sole discretion, make changes to the Services and the Website in connection with the maintenance, development and/or improvement of the quality of the Services provided by it, as well as to expand the scope of the Services, without written notice to the users and without being liable for it.
• 23.2. To block Users' and Visitors' access to the Website in the event of any breach of the TOU, the Privacy Policy and other written terms and conditions which form an integral part of the TOU, including but not limited to any act committed, attempted or actually threatened to be committed by Users or persons using their accounts, unlawful acts, or acts that jeopardize the security and functioning of the Services and/or the Website, or affect the legitimate interests of Users, the Administrator or its affiliates, contractors and other related parties, or in the protection of any other substantial public interest.
• 23.3. In order to improve the quality of the Services, when performing maintenance, troubleshooting, updating information and other related activities, the Administrator has the right to temporarily limit or suspend the provision of the Services.
• 23.4. At any time, at its sole discretion, update or make changes to the prices of the Goods in the E-store and shall not owe prior notice to Users of such changes and shall not be liable for knowledge thereof.

24. The Administrator shall:

• 24.1. Deliver to the User the purchased Goods, according to the order placed in the E-store.
• 24.2. To refund in full the value of the goods purchased and returned by the User within 14 calendar days from the date on which the User has notified the Administrator of his withdrawal from the concluded distance contract.

X. Right of withdrawal and return of purchased Goods

25. The consumer shall have the right to withdraw from the distance contract pursuant to Article 50 of the Consumer Protection Act (CPA) without compensation or penalty and without giving a reason within 14 days from the date of receipt of the product. Products which are subject to the conditions of Article 57 of the Consumer Protection Act are not returnable, including but not limited to: sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection.

26. A mandatory condition for exercising the right of withdrawal from the distance selling contract is the prior notification of the Administrator within the specified period. The right of withdrawal shall be exercised by sending an email or by telephone.

27. Having exercised the right under the preceding paragraph, the User shall return the Goods to the Administrator within 14 days of the date on which the Administrator is notified of the withdrawal, pursuant to Article 25. The User shall bear only the direct costs of returning the Goods.

28. Returned Goods must meet the following mandatory conditions:

• 28.1. To be in their original packaging and not to have their commercial appearance disturbed (torn packaging, removed labels, missing parts, etc.).
• 28.2. Not used.
• 28.3. Be accompanied by all documents accompanying the delivery and the Goods, including but not limited to a receipt or invoice, instructions for use, warranty card, etc.

29. The User agrees that the Administrator will refund the value of the returned Goods by bank transfer within 14 days from the date on which the User received the returned Goods. Refunds shall be made to the same bank card/account from which the order was paid.

XI. Claims. Commercial warranty

30. The Consumer shall be entitled to a claim for any non-conformity of the Goods received with the contract of sale where, after delivery, upon initial inspection or during storage, installation or operation, non-conformities with the contract of sale are found. A claim may be made up to two years after delivery of the Goods for Goods which are not usable (appliances, apparatus, devices, machines), but not later than two months from the discovery of the non-conformity with the contract.

31. The right of reclamation covers only defects which are visible or existed at the time of delivery and which have manifested themselves within two years for non-usable goods. In the case of a claim made within 6 months of delivery, any defect appearing during that period shall be deemed to have existed at the time of delivery. Non-substantial differences in colour, size and appearance compared to the photograph of the Goods in the E-store shall not be considered as defects.

32. Claims for Goods that have been used for other than their normal purpose, have been used in an inappropriate manner, have been repaired by the User or a third party, or have been damaged due to negligence of the User or failure to follow the manufacturer's instructions, directions and advice for use of the product shall not be accepted.

33. Complaints for Goods purchased through the E-store will be considered justified in the following cases:

• 33.1. In case of defective Goods. Does not apply to Goods that are consumable (including but not limited to Goods intended for direct consumption or application to the body);
• 33.2. 2.2.Goods with a defective commercial appearance;
• 33.3. In the event of a difference between the Goods delivered and the Goods ordered;
• 33.4. In case of defects from improper transportation of the Goods.

34. When making a claim, the User may claim for the replacement of the Goods with another, corresponding to the agreed, or for free repair, if the Goods allow it. The trader shall bring the consumer goods into conformity with the contract of sale within one month of the claim being made. After the expiration of this period, or in the event that the Consumer is not satisfied with the repair or replacement, the Consumer has the right to cancel the contract and be refunded the amount paid or request a reduction in the price of the purchased Goods. The refund shall be made by bank transfer within 14 days of receipt of the notice of cancellation from the User.

35. The claim shall be submitted to the trader in writing at the time of delivery, or by email as specified in the contact details on the Website. When submitting a claim, the User shall indicate the goods subject to the claim, his preferred method of satisfying the claim, the price paid for the advertised product and a contact address.

36. When submitting a claim, the User must also attach the following documents: a receipt or invoice; protocols, acts or other documents establishing the non-conformity of the goods or services with the agreed; other documents establishing the claim on the basis and amount.

37. Bringing the Goods into conformity with the contract of sale shall be free of charge for the User. He shall not be liable for the costs of return or replacement, nor for the costs associated with the repair of the Goods. In the event that the Administrator fails to procure the advertised products for replacement, the same shall be obliged to notify the User and refund the amount paid, including the transport costs for the return of the Goods, if due within 14 calendar days.

38. All Goods have a commercial guarantee from the manufacturer for a period of 12 months to 24 months depending on the type of item under the terms and conditions of Art. 117 et seq. ART. The warranty periods of the products are detailed in the warranty card.

XII. Loyal Users Program

39. Certain categories of Users are eligible to participate in our Loyalty Program ("Program"). Program participants must meet the following requirements:

• 39.1. have an active user profile on the Website;
• 39.2. have purchased 5 products from the Goods Catalogue, regardless of price;

40. Users who meet the conditions for participation in the Program will receive a discount card in the amount of 23% (twenty-three percent), which they are entitled to use on subsequent purchases from the E-store. If the card is not used within a period of 5 (five) years, it will be automatically blocked.

41. A User who receives a discount card that refers new Users to the E-Store who register on the Website is entitled to an additional discount in an amount determined by the Administrator.

XIII. Responsibility

42. The Administrator shall not be liable for:

• 42.1. The quality, reliability, accuracy and performance of related Services provided by other persons and organizations in connection with the operation of the Internet, social networking, hosting and other services, in the event of traffic disruptions due to causes for which the ISP or persons providing online and other Services accessible through the Website are responsible;
• 42.2 The quality of the Services for the use of faulty technical means, devices and/or incorrectly configured software by the User or for any direct, indirect, specific, incidental or other damages related to the use of software programs installed on the User's computer;
• 42.3. Direct or indirect damages incurred by the User as a result of using the Services or in connection with the purchase and use of the Goods purchased. The Administrator does not warrant and is not liable in the event that the Goods do not meet the User's expectations and/or do not serve the User's desired purposes. The Goods offered for sale are not medicinal products and do not serve to treat, diagnose and/or alleviate the symptoms of diseases and other health conditions. For diagnosis and treatment seek professional medical advice.

43. Damage caused by inaccurate, unreliable, misleading or deceptive information and/or data published by advertisers or other information sources on the Website.

44. The Administrator does not control and is not responsible for the quality of services of third parties and parties in connection with the sale, payment and delivery of goods ordered through the E-store, nor does it guarantee the User's satisfaction with the selected goods.

45. The Administrator shall not be liable for any delay in delivery due to reasons beyond its control. The delivery times are indicative, depend on the stocks in the Administrator's warehouses and may be extended if necessary.

46. If Users are in any doubt about the quality of the Goods or the content or reliability of the Website, they should not use the Services or any part of the Website. In all other cases, if despite such doubts or reservations, the User continues to use the services or resources of the Website, the responsibility for this decision rests entirely with the User.

47. The information about the properties and uses of the products on the Website is informative and is not a substitute for professional medical advice, consultation, diagnosis, treatment or therapy. The user should consult his or her personal physician or other qualified health care professional for all health-related questions.

XIV. Protection of Personal Data

48. By accessing the Website, the User agrees that his/her personal data may be collected, processed and stored by the Administrator for the purpose of the proper, smooth and complete use of the Website, in accordance with the GTC and the Privacy and Cookies Policy published on the Website, which is an integral part of the GTC and is available here.

49. The Administrator shall take measures to protect the personal data of Users in accordance with the requirements of the Personal Data Protection Act and other applicable provisions of Bulgarian and European law.

XV. Intellectual Property

50. Intellectual property:

• 50.1. 50.1.The Website contains copyright materials and texts, phonographic and other images, graphics, trademark logos, databases and software which are owned by the Administrator or licensed by their right holders and are protected by the Bulgarian or other applicable international acts on copyright and other intellectual property rights. Reproduction of the Services, the Website and/or any of their intellectual property elements may only be made with the written consent of the Administrator. Use of the Services and the Website does not grant users any rights in the intellectual property objects in their entirety or in any part thereof.
• 50.2. The Administrator grants the User a limited, revocable, non-exclusive, non-transferable license to access and use the Services, the content and resources of the Website or other materials only for personal or commercial use as expressly agreed and permitted by the Administrator.

XVI. Supervision. Alternative Dispute Resolution

51. The supervisory authority for the protection of consumer rights in Bulgaria shall be the Commission for Consumer Protection with the address. Sofia, Slaveykov Square, 4A, floors 3, 4 and 6; consumer telephone number: 0700 111 22, website: www.kzp.bg.

52. In the event of a dispute concerning obligations arising from online sales contracts where no agreement has been reached, the Consumer may refer the dispute to the Alternative Dispute Resolution (ADR) bodies under the terms and conditions of Article 181a et seq. of the Consumer Protection Act. Further information on alternative dispute resolution for consumer disputes can be found on the website of the Commission for Consumer Protection at www.kzp.bg and on the online dispute resolution platform ADR.

XVII. Applicable law

53. The provisions of the Bulgarian legislation in force shall apply to matters not covered by these GTC. Disputes relating to the use of the Website and the Services and resources provided therein that cannot be resolved by negotiation by mutual agreement or through an ADR body shall be referred to the competent Bulgarian court for review and resolution. Download PDF here.

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