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The following is intended for the users/customers of online store Nutrim Internet address www.nutrim.bg
I. TERMS:
1. Within the meaning of these General Conditions, for the purpose of clarity and conciseness, the terms listed below have the following meaning:
a/ Trader – trade company with the name Nutrim OOD.
b/ Goods – any item offered online in the Trader’s store as described by their basic properties, image and sale price; the items do not represent medications dispensed by a doctor for persons who are defined as users in these General Conditions;
c/ Under “Order” we shall understand the selected goods and any other attributes related to the way of delivery and payment of the goods by the user/customer.
d/ User/Customer is any person who has bought, or placed an order to buy an item from the online store of the Trader;
e/ Online store is a virtual store with Internet address www.nutrim.bg owned by the Trader;
f/ Price is the amount specified visibly and clearly under any of the items, excluding the cost of delivery, which is a final price.
II. GENERAL:
1. This document includes the General Conditions which govern the procedures under which the Trader delivers goods and services to the Users/Customers by the means of the online store. By clicking the button “I order” the User/Customer shall wholly agree with, accept and undertake to abide to these General Conditions.
2. The products found on the website www.nutrim.bg do not constitute a legally binding offer, but they rather represent an indicatory online catalogue revealing the product line of the Trader.
4. By clicking the button “I order” the User/Customer shall agree to buy the goods found in his/her shopping cart. This action is legally binding. The Customer shall receive confirmation of the order, and by receiving such confirmation the contract shall be considered concluded.
5. The Trader is entitled to make promotional offers, discounts, premiums and gifts by publishing them on the page of the online store;
6. The language of the contract shall be the Bulgarian language, and payments shall be effected as cash on delivery in the Bulgarian currency (lev).
III. ORDER FOR PURCHASE:
1. Any order for purchase from the Trader in the online store shall be placed and effected in execution of these General Conditions. In case of a dispute who bears the will of bondage to the wording of these General Conditions, the person who has paid the price of the item ordered for purchase shall be considered a party to the contract;
2. The Customer shall place an order by completing the online form published on the page of the online store www.nutrim.bg. The order shall always specify the following: full name, address of delivery, email, and contact phone;
3. Once the Customer completed and submitted an order, he/she shall be considered to have stated his/her agreement with these General Conditions, in particular for this application: by ticking the field “I agree with these General Conditions” for purchase via the online store, by which the Customer shall perform online statement within the meaning of the Law on Online Documents and Electronic Signature declaring that he/she is familiar with these General Conditions, accepts, and undertakes to abide to them. The act of submitting an application (order) for purchase of a good by the Customer shall be also considered agreement with these Conditions.
IV. DELIVERY:
1. If the ordered item is available, it shall be delivered to the address of delivery as specified by the Customer within 7 (seven) business days, except for the cases as per Article 3 of Section III of these General Conditions where the term shall begin as from the date of order confirmation.
2. Delivery shall be executed by a courier/forwarding company at the expense of the Customer.
3. The obligation for delivery of the goods shall be considered fulfilled once they are delivered to the building where is the address of delivery as specified in the order.
4. It is responsibility of the Trader to deliver the goods in the appropriate packing. Nutrim OOD shall not bear any responsibility for melted protein bars in the summer season due to high temperatures.
5. The User/Customer shall bear the whole risk of damage/loss of goods upon delivery. Once the goods are handed over to a courier, the Trader shall be relieved from the obligation which passes on to the User/Customer. The Trader shall not be responsible for any delay caused by a courier or any other supplier.
6. Immediately after delivery, the goods should be meticulously inspected by the User/Customer, or a person authorized by the latter. Any injuries, impacts, and other damages should be immediately reported to the Trader. In case availability of damages, which have occurred during transportation, is found, the Trader shall be relieved from responsibility. In cases where the Trader has set specific time for delivery in writing, such statement has a binding force. When incorrect or wrong address, contact person and/or phone have been specified in the placement of order, the Trader shall not be bound by any obligation for execution of the order.
IV.a. Upon delivery of the goods, the User/Customer, or a third party, shall sign the documents accompanying them. A third party shall be considered any person who is not the originator of the order, but accepts the delivered goods, and stays at the address specified by the Customer.
In case of refusal to accept the goods, except for the cases as described below, such a refusal shall be considered unjustified, and the Customer shall pay for the cost of delivery and return of goods. If the Customer is not found at the specified address within the term for execution of the delivery, or no access and conditions for delivery of the goods within this term are provided, the Trader shall be relieved from the obligation to deliver the items ordered for purchase.
IV.b. When the delivered goods are clearly not the same as the goods ordered for purchase by the Customer, which can be evidenced by their simple inspection, the Customer may demand within 24 hours from their receipt replacement of the delivered goods by goods which conform to the order for purchase placed by him/her.
IVc. In case of incomplete, incorrect or wrong address and/or phone number specified in the placement of order, the latter shall be considered void, and the Trader shall bear no responsibility for the execution thereof.
8. If the Customer makes no payment after he/she has stated that it will be performed upon delivery, then no obligation for handover of the goods shall occur for the Trader.
V. HANDOVER OF THE GOODS:
1. The goods shall be handed over to the Customer, or to a third party which accepts and confirms their receipt in the name of the Customer by signing the documents accompanying the goods;
2. If the Customer is not found within the term for delivery at the address specified by him/her, or no access and conditions for handover of the goods are provided within this term, which brings for failure to deliver the consignment not by fault of the Trader, the latter shall be relieved from the obligation to deliver the ordered goods. In such case, the contract of sale shall be automatically terminated.
3. In case of cash on delivery, the goods shall be handed over only if the Customer, or any other recipient, makes cash payment in Bulgarian currency of the amount of the payment on delivery as specified in the waybill of the consignment.
V. PRICE AND PAYMENT:
1. All prices of goods in the online store are given in the Bulgarian currency (lev), VAT included, and displayed on the page of the online store. Prices refer to a single unit and they do not include cost of shipping.
2. Cost of transportation shall be paid by the Customer by a tariff established by the shipping company and published on the Internet site thereof.
3. If the goods are to be dispatched outside the territory of the Republic of Bulgaria, the User/Customer should pay all customs and other charges related to their export.
VI. INSPECTION OF THE GOODS. CLAIMS:
1. Claims for goods purchased via the online store shall be made under the procedure of the Consumer Protection Act. Address for complaints: Plovdiv, ul. Gladstone 90, tel. +359 32 644 670, or email: info@nutrim.bg
2. Upon receipt of the goods, the Customer is obliged to immediately inspect them. If he/she finds visible defects, missing accessories which should accompany them, or missing documents as required by the Bulgarian laws, he/she should immediately notify the person who makes the delivery. In such case, an act of findings shall be prepared in two copies signed by the recipient of the goods and the representative of the courier/forwarding company. The act should always contain a description of the visible defects.
3. If the Customer does not make a claim at the moment, or even if he/she makes such, but no act of findings as pursuant to Article 2, Section VI is signed, he/she may not make any further claims that his/her goods are delivered with visible defects, missing accessories which should accompany them, or missing documents as required by the Bulgarian laws.
VI.RIGHTS AND OBLIGATIONS OF THE USER/CUSTOMER
1. The User/Customer is given the opportunity to view and order the goods published on the page of the online store www.nutrim.bg
2. The User/Consumer has the right to be informed of the status of his/her order.
3. The User is obliged to pay the price of the order in the manner as published on the Internet page of www.nutrim.bg
4. The users of the store are not allowed to:
а. Copy, distribute, or make use of texts, pictures, images, or parts of the site, without the explicit consent of Nutrim OOD.
b. Make use of the automated systems for download of any information from www.nutrim.bg
c. Congest the system with fictitious orders or other information (flood).
d. Violate major rights and freedoms of people, and have respect for their human rights in conformity with the Constitution and the laws of the Republic of Bulgaria, and the recognized international acts;
e. Harm the reputation of other users;
f. Load, send, transfer, distribute, or make use in any manner, or disclose to any third parties software, computer programs, files, applications or other materials containing computer viruses, systems of unauthorized remote access (Trojan horses), computer codes, or materials intended to discontinue, hamper, infringe or restrict the normal operation of the site.
VII. RIGHTS AND OBLLIGATIONS OF THE TRADER
1. The Trader has not the obligation, nor the objective capacity to monitor the way in which the users make use of the rendered services.
2. The Trader has the right, but not the obligation to store any materials and information located on the server of www.nutrim.bg
3. The Trader may at any time, without notifying the User/Customer when the latter makes use of the services in violation of these conditions, and at his sole discretion, discontinue, cease or modify the rendered services in connection with use of the site. The Trader shall not bear any responsibility to the users, or any third parties, for suffered damages and loss of profit which have occurred as a result of termination, cessation, amendment, or restriction of the services, deletion, modification, loss, unreliability, incorrectness, or incompleteness of any messages, materials or information communicated, used, recorded, or made known via www.nutrim.bg
4. The Trader is obliged to pass on to the User/Customer the ownership over the goods ordered for purchase by the latter, deliver in time the goods ordered for purchase, verify for good condition every item prior to their shipment (if it is possible to perform it without affecting the integrity of the packing).
5. The Trader shall not bear any responsibility for damages caused to the software, hardware or telecommunication equipment, or for loss of data which occurred from materials or resources, searched for, loaded or used in any manner by using the rendered services. The advices, consultations or help granted by the specialists and employees of the Trader in connection with the use of the services by the customers, shall not entail any responsibility or obligations for the Trader. The company shall not bear any responsibility in case of falseness of the information of the goods stated by the manufacturer.
6. The Trader has the right to collect and make use of any information related to its Users/Customers, whether registered or not.
7. The information as pursuant to the preceding article may be used by the Trader except for the case of explicit discontent by the User sent at the following e-mail: info@nutrim.bg All purposes for which the Trader will use the information are consistent with the Bulgarian laws, the applicable international acts, and good moral.
8. The Trader shall not be responsible for non-fulfillment of its obligations under the contract in case of occurrence of circumstances which the latter has not foreseen and was not obliged to foresee, including examples of incidental events, failures in the global network of Internet, and in the delivery of services beyond the control of the Trader;
VIII. PERSONAL DATA
1. The Trader shall guarantee to its Users/Customers confidentiality of the presented information and personal data. The latter shall not be used, delivered, or made known to third parties outside the cases and under the terms as specified in these General Conditions. The Trader shall protect the personal data of the Users/Customers which have become known to it with the completion of the online form for submitting order for purchase, as this obligation falls out in case the Customer has provided false data. In compliance with the effective legislation and the provisions of these General Conditions, the Trader may use the Customer personal data solely and only for the purposes as provided in the contract. Any other purposes, which the data are made use of, shall conform to the Bulgarian laws, the applicable international acts, Internet ethics, rules of moral, and good ethics.
2. The Trader undertakes not to disclose any Customer personal data to third parties, i.e. government bodies, trade companies, physical persons, etc., except for the cases when it has received the explicit consent in writing by the Customer, the information has been demanded by government bodies or officials who according to the effective law are authorized to demand and collect such information. As pursuant to the laws of the Republic of Bulgaria, to issue an invoice, we will need your Personal No, or VAT No and BULSTAT of your company.
IX. AMENDMENTS:
These General Conditions may be amended at any time by the Trader; the Trader undertakes to notify the User for the amendments to the General Conditions by publishing a notice of the amendments on a visible place in its Internet page and allowing him/her enough time to get familiar with them. Within the provided term, if the User does not state that he rejects the amendments, he/she shall be considered bound to them.
X. FINAL CLAUSES:
1. Nutrim OOD takes care for the information in the online store to be always kept true and valid, as you can get accurate information by contacting phone: +359 32 644 670
2. Inconsistencies of colour shades of the picture content on the website of the online store as compared to the real colour shades of products are possible.
3. Nutrim OOD does not guarantee that the access to the online store will be uninterruptible, timely, secure and error-free to the extent it is beyond the capacity, control and will of the Trader.
4. Nutrim OOD is a personal data administrator registered under the Personal Data Protection Act and gives a guarantee of the privacy of the personal data submitted by the Customers. Disclosure is only possible in the cases when the information is demanded by government bodies or officials legally authorized to demand and collect information containing personal data and upon compliance with the legally established order. By accepting these General Conditions, the Customer gives his/her unlimited, explicit and unconditional consent that the personal data presented by him/her shall be collected, stored and used by Nutrim OOD for the purposes of execution of the contract of sale and delivery of the ordered goods.
5. These General Conditions shall come into force as from the moment of their publishing.
All disputes between the parties shall be solved in the spirit of understanding and good will. In case of not reaching an agreement, all unsettled disputes, including disputes arisen from or referred to its interpretation, invalidity, execution or termination, as well as disputes for filling gaps in the contract or its adaptation to newly occurred circumstances, shall be referred to the competent court by registration of the TRADER according to the Bulgarian legislation.
Nutrim OOD is a trade company with domicile and registered address at:
Plovdiv, ul. Gladstone 90, entered in the Trade register at the Registry Agency with EIK (Company ID) 825212905
Contact phone: +35932644670
