Terms & conditions
I. SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relations between AVENDRA PHARMA Ltd, Ruse, 3 Pleven Street, UIC BG117613756, represented by Svetlomir Georgiev Stanchev, hereinafter referred to as SUPPLIER, and the customers, hereinafter referred to as USERS, of the e-shop "AVENDRA PHARMA", hereinafter referred to as "AVENDRA PHARMA".
ІІ. SUPPLIER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the supplier: AVENDRA PHARMA Ltd
2. Registered office and address of management: Ruse, 3 Pleven Street
3. Address for exercising the activity: Ruse, 3 Pleven Street
4. Correspondence details: Ruse, Email: info@avendrapharma.com, tel: +359 888575008
5. Registration in public registers: UIC BG117613756
6. Supervisory authorities:
(1) Personal Data Protection Commission
Address: Sofia, 15 Ivan Evstatiev Geshov St.
Tel.: (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, 4A Slaveykov Sq., 3rd, 4th and 6th floors
Tel.: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg
7. Registration under the Value Added Tax Act No. BG 201673788.
III. CHARACTERISTICS
Art. 3. AVENDRA PHARMA is an electronic store, accessible at the Internet address https://avendrapharma.com/shop/, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by AVENDRA PHARMA, including the following:
1. To register and create a profile for browsing AVENDRA PHARMA and using additional services for providing information;
2. To make electronic statements in connection with the conclusion or execution of contracts with AVENDRA PHARMA through the interface of the AVENDRA PHARMA website, accessible on the Internet;
3. To conclude contracts for the purchase and sale and delivery of the goods offered by AVENDRA PHARMA;
4. To make any payments in connection with the concluded contracts with AVENDRA PHARMA, in accordance with the payment methods supported by AVENDRA PHARMA.
5. To receive information about new goods offered by AVENDRA PHARMA;
6. To review the goods, their characteristics, prices and delivery conditions;
7. To be notified of the rights arising from the law primarily through the interface of the AVENDRA PHARMA website on the Internet;
Art. 4. The Supplier delivers the goods and guarantees the rights of the Users, provided for by the law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
Art. 5. (1) The Users conclude a contract for the purchase and sale of the goods offered by AVENDRA PHARMA through the interface of the Supplier, accessible on its website at https://avendrapharma.com/shop/ or another means of
distance communication.
(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier undertakes to deliver and transfer ownership to the User of the goods specified by him through the interface.
(3) The Users pay the Supplier a fee for the delivered goods in accordance with the conditions set forth by AVENDRA PHARMA and these general terms and conditions. The fee is in the amount of the price announced by the Supplier at the address of AVENDRA PHARMA on the Internet.
(4) The Supplier delivers the goods requested by the Users within the terms and under the conditions set forth by the Supplier on the e-shop page and in accordance with these general terms and conditions.
(5) The delivery price is determined separately and explicitly from the price of the goods.
Art. 6. (1) The User and the Supplier agree that all statements between them in connection with the conclusion and performance of the purchase and sale contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site have been made by the persons specified in the data provided by the User upon registration, if the User has entered the relevant username and password for access.
IV. USING
Art. 7. (1) In order to use AVENDRA PHARMA to conclude contracts for the purchase and sale of goods, the User must enter a name and password for remote access chosen by him, in cases where the electronic store requires registration.
(2) The name and password for remote access are determined by the User, by registering electronically on the Provider's website.
(3) By filling in his data and pressing the "Yes, I accept" and "Registration" buttons, the User declares that he is familiar with these general terms and conditions, agrees with their content and undertakes to unconditionally comply with them.
(4) The Provider confirms the registration made by the User by sending a letter to the e-mail address specified by the User, to which information for activating the registration is also sent. The Recipient confirms the registration and conclusion of the contract through an electronic reference in the letter informing him of the completed registration, sent by the Provider. After confirmation, an account is created for the User and contractual relations arise between him and the Provider.
(5) When registering, the User undertakes to provide correct and up-to-date data. The User shall promptly update the data specified in his registration in the event of any change.
(6) In the event that a profile in web social networks or other networks is used for the User's registration, a party to the contract is the person who is the holder of the profile used for the registration in the relevant social or other network. In this case, the Provider has the right to access the data necessary to identify the User in the relevant social or other network.
Art. 8. (1) The e-mail address provided during the initial registration of the User, as well as any subsequent e-mail address used for the exchange of statements between the User and the Provider, is the "Primary e-mail address" within the meaning of these general terms and conditions. The User has the right to change his Primary contact e-mail address.
(2) Upon receipt of a request to change the Primary Contact Email Address, the Provider shall send a request for confirmation of the change. The request for confirmation shall be sent by the Provider to the new Primary Contact Email Address specified by the User.
(3) The change of the Primary Contact Email Address shall be made after confirmation by the User, expressed by a reference contained in the confirmation request sent by the Provider to the new Primary Contact Email Address specified by the User.
(4) The Provider shall inform the User of the change made by an email sent to the Primary Contact Email Address specified by the User before making the change under para. 2.
(5) The Provider shall not be liable to the User for any unlawful change of the Primary Contact Email Address.
(6) The Provider may require the User to use the Primary Contact Email Address in specific cases.
V. TECHNICAL STEPS FOR PURCHASE AND SALES AGREEMENT
Art. 9. (1) Users primarily use the interface of the Supplier's website to conclude contracts for the purchase and sale of goods offered by the Supplier at AVENDRA PHARMA.
(2) The contract is concluded in Bulgarian.
(3) The contract between the Supplier and the User constitutes these general terms and conditions, available at https://avendrapharma.com/shop/page/terms-and-conditions/
(4) The party to the contract with the Supplier is the User according to the data provided during registration and contained in the User's personal profile. For the avoidance of doubt, these are the data with which an account with the Supplier was created.
(5) The Supplier includes in the interface of its website technical means for identifying and correcting errors when entering information before the statement for concluding the contract is made.
(6) This contract is considered concluded from the moment of registration of the User with the Supplier. The contract for the purchase and sale of goods is considered concluded from the moment of its application by the User through the Provider's interface.
(7) The Provider shall expressly notify the User in an appropriate manner by electronic means of the conclusion of this contract and of the conclusion of the contract for the purchase and sale of goods.
(8) The statement for the conclusion of the contract and the confirmation of its receipt shall be considered received when their addressees have the opportunity to access them.
(9) The Provider shall deliver the goods to the address specified by the Users and shall not be liable in the event that the data specified by the Users are incorrect or misleading.
Art. 10. The Users shall conclude the contract for the purchase and sale with the Provider according to the following procedure:
(1) Registration with AVENDRA PHARMA and provision of the necessary data, if the User has not yet registered with AVENDRA PHARMA;
(2) Logging into the AVENDRA PHARMA ordering system by identifying with a name and password;
(3) Selecting one or more of the offered goods of AVENDRA PHARMA and adding them to a list of goods for purchase;
(4) Providing data for making the delivery;
(5) Choosing the method and time for paying the price.
(6) Confirmation of the order;
VI. SPECIFIC OBLIGATIONS OF THE SUPPLIER
Art. 11. The rules of this Section VI of these general terms and conditions apply to Users for whom, according to the data provided for the conclusion of the purchase and sale contract or upon registration with AVENDRA PHARMA, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the AVENDRA PHARMA website.
(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the AVENDRA PHARMA website.
(3) The value of the postal and transport costs, not included in the price of the goods, is determined by the Supplier and is provided as information to the Users at one of the following times before the conclusion of the contract:
- In the profile of each of the goods on the Supplier's website of AVENDRA PHARMA;
- When selecting the goods for concluding the purchase and sale contract;
(4) The method of payment, delivery and performance of the contract is determined in these general terms and conditions, as well as the information provided to the User on the Supplier's website.
(5) The information provided to the Users under this article is current at the time of its visualization on the Supplier's website of AVENDRA PHARMA before the conclusion of the purchase and sale contract.
(6) The Supplier must indicate the terms of delivery of the individual goods on the AVENDRA PHARMA website.
(7) The Supplier shall indicate, before concluding the contract, the total value of the order for all goods contained therein.
Art. 13. (1) The Consumer agrees that the Supplier has the right to accept advance payment for contracts concluded with the Consumer for the purchase and sale of goods and their delivery.
(2) The Consumer shall independently choose whether to pay the Supplier the price for the delivery of the goods before or at the time of their delivery.
Art. 14. (1) The Consumer has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within 7 working days from the date of receipt of the goods.
(2) The right of withdrawal under para. 1 shall not apply in the following cases:
- for the delivery of goods and the provision of services, the price of which depends on fluctuations in the financial markets, which the Supplier is not able to control;
- for the delivery of goods made according to the requirements of the Consumer or upon his individual order;
- for the delivery of goods which, due to their nature, are consumable or cannot be returned or are subject to rapid deterioration, or there is a risk of deterioration of their quality characteristics, including perfumery and cosmetic products;
- for the delivery of audio and video recordings or software products printed by the consumer;
- for the delivery of newspapers, magazines and other periodicals;
(3) When the Supplier has not fulfilled its obligations to provide information, as defined in Art. 54 of the Consumer Protection Act, the consumer has the right to withdraw from the concluded contract within a period of up to three months, counting from the date of receipt of the goods. When the information under this paragraph is provided to the consumer within the withdrawal period, the same begins to run from the date of its provision.
(4) In the event that the consumer exercises his right of withdrawal under Par. 1, The Supplier is obliged to refund the amounts paid by the consumer in full no later than 30 calendar days from the date on which the consumer exercised his right to withdraw from the concluded contract. The costs of returning the goods shall be deducted from the amount paid by the consumer under the contract, unless the consumer has returned the goods at his own expense and has notified the Supplier thereof.
(5) The consumer is obliged to store the goods received from the Supplier, their quality and safety during the period under para. 1.
Art. 15. (1) The delivery period of the goods and the starting point from which it runs is determined for each good separately upon conclusion of the contract with the consumer through the Supplier's website of AVENDRA PHARMA, unless the goods are ordered in one delivery.
(2) In case the consumer and the Supplier have not set a delivery period, the delivery period of the goods is 30 working days, counting from the date following the sending of the consumer's order to the Supplier through the Supplier's website AVENDRA PHARMA.
(3) If the Supplier cannot fulfill the contract due to the fact that it does not have the ordered goods, it is obliged to notify the consumer thereof and to refund the amounts paid by him within 30 working days from the date on which the Supplier should have fulfilled its obligation under the contract.
(4) In the cases under para. 3, the Supplier has the right to deliver to the consumer goods of the same quality and price. The Supplier notifies the consumer electronically about the change in the performance of the contract.
(5) In the event of exercising the right to withdraw from the supply contract under para. 4, the costs of returning the goods shall be borne by the Supplier.
Art. 16. (1) The Supplier shall hand over the goods to the consumer after verifying the fulfillment of the requirements and the existence of the circumstances under art. 61 of the Consumer Protection Act.
(2) The consumer and the Supplier shall verify the circumstances under para. 1 in writing at the time of delivery by means of a handwritten signature, unless otherwise agreed.
(3) The consumer and the Supplier agree that the requirements under para. 1 and art. 61 of the Consumer Protection Act shall be complied with if the verification is carried out by a person who, according to the circumstances, can be inferred to be the person who will transmit the information to the consumer – party to the contract.
VII. OTHER CONDITIONS
Art. 17. (1) The Supplier shall deliver and hand over the goods to the User within the period specified at the conclusion of the contract.
(2) If the period under para. 1 is not expressly agreed upon between the parties at the conclusion of the contract, the Supplier shall deliver and hand over the goods within a reasonable period, but not later than 2 months.
Art. 18. The User must inspect the goods at the time of delivery and handover by the Supplier and, if they do not meet the requirements, immediately notify the Supplier.
VIII. PERSONAL DATA PRIVACY
Art. 19. (1) The Provider takes measures to protect the User's personal data in accordance with the Personal Data Protection Act.
(2) For reasons of security of the Users' personal data, the Provider will send the data only to the e-mail address that was specified by the Users at the time of registration.
(3) The Provider adopts and announces on its website a Personal Data Protection Policy, available at https://avendrapharma.com/shop/page/terms-and-conditions/.
Art. 20. (1) At any time, the Provider has the right to require the User to identify himself and to certify the authenticity of each of the circumstances and personal data declared during registration.
(2) In the event that for any reason the User has forgotten or lost his/her username and password, the Provider has the right to apply the announced "Procedure for lost or forgotten usernames and passwords", available at https://avendrapharma.com/shop/page/terms-and-conditions/.
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 21. (1) These general terms and conditions may be amended by the Provider, of which the latter will notify in an appropriate manner all Users of AVENDRA PHARMA who have a registration.
(2) The Provider and the User agree that any additions and amendments to these general terms and conditions will be effective against the User after the Provider has expressly notified him/her and if the User does not declare within the 14-day period provided to him/her that he/she rejects them.
(3) The User agrees that all statements by the Provider in connection with the amendment of these general terms and conditions will be sent to the e-mail address specified by the User upon 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/her.
Art. 22. The Supplier publishes these general terms and conditions at https://avendrapharma.com/shop/page/terms-and-conditions/, together with all additions and amendments thereto.
X. ENDING
Art. 23. These general terms and conditions and the User's contract with the Supplier shall be 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 agreement of the parties in writing;
unilaterally, with prior notice from each party in case of failure to fulfill the obligations of the other party;
in case of objective impossibility of any of the parties to the contract to fulfill its obligations;
upon seizure or sealing of the equipment by state authorities;
in case of deletion of the User's registration on the AVENDRA PHARMA website. In this case, the concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;
in case of exercise of the right of withdrawal pursuant to Art. 55, para. 1 of the Consumer Protection Act.
XI. OTHER TERMS
Art. 24. The possible invalidity of any of the provisions of these general terms and conditions shall not result in the invalidity of the entire contract.
Art. 25. For issues not settled in this contract, related to the implementation and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.
Art. 26. All disputes between the parties to this contract shall be resolved by the competent court or the Consumer Protection Commission.
Art. 27. These general terms and conditions shall enter into force for all Users of https://avendrapharma.com/shop/page/terms-and-conditions/
PLATFORM FOR DISAGREEMENTS
If you need to resolve consumer disputes, you can use the following online platform HERE
Alternative Dispute Resolution ADR
What is Alternative Dispute Resolution?
This is a way of resolving disputes out of court. A neutral third party - a dispute resolution body - helps you reach an out-of-court settlement. There are different types of dispute resolution bodies, for example: mediation bodies, arbitration agreements, ombudsmen, confidential bodies, consumer complaint boards. They all work in different ways, but in general they help you and the trader find a solution that satisfies both of you. It is easier, faster, cheaper than taking legal action.
You can find a list of bodies that offer out-of-court dispute resolution procedures in Bulgaria: HERE
If a dispute arises related to an online purchase, you can file a complaint using the site ОРС