General terms and conditions of derma-act.bg
1. Subject matter
2. Seller details
2.1. Medical Center Derma Act EOOD is a company with its headquarters, management address and correspondence address – Bulgaria, Sofia, 150 “Cherni Vrah” Blvd., UIC 203973510.
2.2. Derma-Act Invest EOOD is a company with its headquarters, management address and correspondence address in Bulgaria, Sofia, 150 “Cherni Vrah” Blvd., UIC 202325076 and VAT identification number in Bulgaria: BG202325076.
2.3. Medical Center Derma Act EOOD together with Derma-Act Invest EOOD administers the Derma-Act online store, in the form of the derma-act.bg/shop website (hereinafter referred to as the “Platform”). Medical Center Derma Act EOOD together with Derma-Act Invest EOOD will be hereinafter referred to as Derma-Act.
2.4. You can contact Derma-Act at the above address, by phone +359 889 74 14 17, or by e-mail at email@example.com. Contact phones are paid.
3.1. Buyer – a person aged 18 or over who has entered into a distance purchase and sale contract through the Derma-Act platform with Derma-Act.
3.2. Seller – Derma-Act as a merchant who offers goods or services on the Derma-Act platform.
3.3. The platform – the derma-act.bg domain.
3.4. Customer – any natural or legal person or other legal entity that uses the Platform in any way, including but not limited to browsing it, placing orders through it, buying, returning goods and performing any other actions through it.
3.5. Account – a section of the Platform formed by an email address and password, which allows the Customer to send an Order and which contains information about the Customer and the history of some of their actions on the Platform (Orders, tax invoices, etc.)
3.6. Order – a form of communication between Derma-Act and the Customer, through which the Customer announces to Derma-Act, through the Platform, their intention to purchase Goods and Services from the Platform.
3.7. Product(s) and Service(s) – any subject matter of a sales contract concluded between a Buyer and a Seller through the Platform.
3.8. Contract – represents a remote contract concluded between the Seller and the Buyer for the purchase and sale of Goods and/or Services through the Platform, an integral part of which are the present general terms and conditions for using the Platform.
- all information on the Platform that is accessible by connecting to the Internet and using an Internet-connected device;
- any information provided, in any way, by an employee/associate of Derma-Act to the Customer by electronic or other means of its remote transmission;
- the information related to the Goods and/or Services and/or the tariffs applied by the Seller in a certain period of time;
- Seller details.
3.10. Newsletter – means of periodic information about the Goods and Services offered by the Seller and/or promotions, sent electronically via e-mail.
4.1. General terms and conditions of Derma-Act are obligatory for all Platform Customers.
4.2. Any use of the Platform means that you have (a) carefully read the general terms and conditions for its use and (b) have agreed to abide by them unconditionally.
4.3. The General terms and conditions may be changed unilaterally by Derma-Act at any time by updating them. These changes shall become effective immediately and shall be obligatory for all customers.
4.5. In any case of a change to the general terms and conditions, Derma-Act will inform its Customers about it by publishing the changes on the platform. In this sense, you as a Customer, have an obligation to check for possible changes to the general terms and conditions of the platform each time you use it.
4.7. Derma-Act makes every effort to maintain the accuracy of the information presented on the Platform. However, given the possible technical errors or omissions in this information
4.8. The characteristics or prices of the products described on the Platform may be changed at any time. Due to technical reasons, it is possible that they contain errors, for which Derma-Act apologizes to its Customers in advance.
4.9. It is possible that, due to limited space and the sequential structure of the information, the product descriptions are sometimes incomplete. However, Derma-Act strives to provide the most relevant and important information.
4.10. All goods, including promotional/discounted goods, shall be sold and delivered while stocks last, even if this is not explicitly stated on the platform.
5. The right of intellectual and industrial property
5.1. The content, as defined in the “Definitions” chapter, including but not limited to logos, any graphic images or inscriptions, trade symbols, dynamic symbols, texts and/or multimedia content of the Platform, are the exclusive property of Derma-Act.
5.2. Derma-Act owns and retains all intellectual property rights related in any way to the Platform.
5.3. Nothing in the remote contract concluded between Derma-Act and the Customer shall be considered as authorization by Derma-Act for the latter to copy, distribute, publish, make available to third parties, modify in any way any part of the Content, including but not limited to the content of the trademarks, logos, multimedia content of the Platform or descriptions of the Products or Services in any way, including by introducing any content external to the Platform, removing the signs denoting Derma-Act’s right of ownership over the Content. The customer has no right to transfer, sell, distribute materials created by reproducing (copying), modifying or publishing the Content, except with the express consent of Derma-Act.
5.4. Any Content that the Customer accesses, regardless of the means to do so, is subject to regulation by these general terms and conditions.
5.5. The Customer may copy, transfer and/or use the Content only for personal non-commercial purposes, only in cases where this is not in conflict with the provisions of this chapter of this document.
5.6. The Customer is entitled to use the Content for commercial purposes solely if they has received the written consent of Derma-Act to do so and only to the part of the Content, to the manner and extent of its use, as well as within the time limits for which such consent is given expressly. Any subsequent or different use of the Content will be considered a breach of this contract between Derma-Act and the Customer and a violation of the intellectual property rights of Derma-Act, which shall be entitled to hold the Customer liable for this.
5.7. The mere sending to the Customer or referencing the Content or parts thereof by Derma-Act shall not be deemed as consent given by Derma-Act to allow the Customer to use the Content or parts thereof for their own purposes other than their personal needs, regardless of the means of communication used by Derma-Act.
5.8. Any use of the Content for purposes other than those expressly permitted in these general terms and conditions or in other express written consent given by Derma-Act is prohibited.
6.1. The Customer may place Orders on the Platform by adding the desired Goods and/or Services to a shopping cart, following the steps indicated on the Platform to complete and submit the relevant Order.
6.2. Any Product and/or Service added to the shopping cart may be purchased, if it is available. Adding a Product and/or Service to the shopping cart without completing the Order does not result in the registration of the order and the automatic booking the Product/Service.
6.4. The Customer shall undertake and shall be responsible for ensuring that all data provided to Derma-Act in connection with the Order are true, complete and accurate as of the date of dispatch of the order.
6.5. By dispatching the order, the Customer authorizes Derma-Act to contact them in any possible way, when this is necessary in connection with the order placed.
6.6. The Seller has the right to refuse to fulfill (cancel) the Order placed by the Customer, of which they should notify the Customer. The cancellation of the order does not entail any responsibility or subsequent obligation of any of the parties towards the other in connection with the order, and accordingly, none of them has the right to seek compensation from the other party for the cancellation of the order in the following cases:
- non-acceptance of the transaction by the Customer’s issuing bank during an online payment;
- carrying out the financial transaction which does not lead to the receipt of funds into the Seller’s account during online payments;
- the data provided by the Customer on the Platform is incomplete and/or wrong.
7. Return and exchange of goods
7.1 The Customer has the right to refuse to receive the service or product requested for purchase by them, as well as to return the same for replacement within 14 days of its request. A right of withdrawal allows the consumer not to owe compensation or a penalty. In the event that the ordered service or product is refused after the expiry of this period, the Platform will not refund the remuneration paid.
7.1.1. The delivered goods clearly do not correspond to the ones requested for purchase by the Customer, and this can be established by a simple examination.
7.1.2. In the event of a discrepancy between the goods or services requested for purchase and the ones delivered which could not be established at the time of delivery.
The Customer has the right to request a replacement of an item appearing in their original order, or to do a replacement within a period of no longer than 14 days from the date of receipt of the order. In this case, the Customer must return the shipment or visit the address: Sofia, 150 Cherni Vrah Blvd., floor 3
7.1.3 Transportation costs for returns and exchanges shall be at the expense of the customer, except in cases where:
- the goods received clearly do not correspond to those stated in the order;
- the error has occurred as a result of our fault;
7.2. The address for returning the goods is: Sofia, 150 Cherni Vrah Blvd., floor 3. 3. Returns shall be permitted under the following conditions:
7.2.1. The request for the return of the goods is submitted in writing to the e-mail address for correspondence specified by Derma-Act within 14 days of the date of receipt of the order. The request must contain: the full legal name of the customer/account holder, contact telephone number, personal bank account of the customer into which the amount paid by the customer for the goods shall be refunded.
7.2.2. The goods are accompanied by the original documents issued by Derma-Act, a takeover record and a cash receipt.
7.3. The cancellation shall be done by sending an email to the Platform with the following text: “I cancel the order”.
7.4. The Customer is not entitled to receive the amount paid if, within 14 days from the date of payment, they has used the service for which they have paid.
8. Goods/services for which the customer has no right of withdrawal
8.1. The Customer has no right to withdraw from the concluded Contract in the following cases:
- in the provision of services where the service has been fully provided and its implementation has begun with the express prior consent of the Customer and confirmation by them that they know they will lose their right of withdrawal after the contract is fully performed by the Seller;
- in the delivery of goods or services, whose price depends on the fluctuations of the financial market which cannot be controlled by the Seller and which may occur during the period for exercising the right of withdrawal;
9. Refund policy
9.1. When refunding payments made by card, the amount will be transferred only into the card with which the payment was made, for the cases that require it. Within 14 days of the withdrawal, the merchant must refund all amounts received from the user.
10. Warranty policy
10.1. The website registration procedure is voluntary and free. The website can be browsed by users freely and free of charge, without the need for registration. When registering, an online registration form must be filled in, in which the User’s first and last name, e-mail, and contact telephone number(s) shall be entered. When filling in the online registration form, the User shall declare that the data they provide is correct, complete and accurate and they will update it promptly in case of change.
10.2. Registration and creation of an account shall be carried out by entering the required data under item 1 in the relevant fields and accepting the General Terms and Conditions. The latter is an electronic statement within the meaning of the Law on Electronic Document and Electronic Signature.
10.3. The order request is considered successfully made when the technical steps specified on the website have been completed and the users have accepted these General Terms and Conditions.
Order requests are accepted by Derma-Act 24 hours a day, including weekends and public holidays. Any order placed through the website will be considered valid if a name and email that the system has accepted as valid were used during its confirmation, regardless of whether that name and email was used by an unauthorized person.
The order request is considered accepted from the moment of receipt of a confirmation email with the order number.
11.1. The Customer agrees that by providing any of their personal or other data to Derma-Act, they agree that it may be used by the latter for the following purposes by Derma-Act: (1) maintaining the Customer’s Account, including registering orders, sending ordered products, performing the ordered services, invoicing, resolving disputes with Customers regarding their Orders or considering their requests; (2) sending periodic notifications by e-mail or SMS; (3) conducting market research, tracking and monitoring the sales and customer/user behaviour.
11.2. The Customer agrees to grant Derma-Act unlimited access in terms of volume and time to any materials and information they send through or in connection with the Platform, regardless of whether they have placed an Order and completed a transaction through the Platform. Derma-Act has the right to use, reproduce, publish, modify, transmit and distribute this information or materials. The Customer expressly agrees that Derma-Act may freely use and process for its own purposes the ideas, concepts or know-how that the Customer has provided to it in any way through or in connection with the Platform or the actions/inactions that the Customer has carried out through or in connection with the Platform. Derma-Act has no obligation to keep the information thus obtained as confidential, insofar as this is not imputed to them as an obligation by the current legislation.
11.3. By providing their data to Derma-Act (including an e-mail), the Customer gives their express consent to be contacted by Derma-Act or third parties who are couriers, partners of Derma-Act and are providers of marketing services, government, municipal or non-governmental agencies or companies from the field of insurance or financial services, when this is provided for by the specific legislation, as well as other companies with which Derma-Act can develop joint programmes for offering the Goods and/or Services on the market, etc.
11.4. By providing their personal data to Derma-Act, the Customer gives their express consent for it to be included in a database of Derma-Act, entered in the register of the Bulgarian National Supervisory Authority for the processing of personal data under registration index and date РО-01-2/011.01.2018 and gives their express and unequivocal consent for this data to be stored, used and processed according to the purposes mentioned in item 11.1.
12.1. The prices of the Goods and Services announced on the Platform are final and include VAT, as well as all other taxes and fees provided for in the current Bulgarian legislation.
12.2. Invoices shall be issued only after additional inquiry by the Customer at tel.: +359 88 974 1417 or e-mail: firstname.lastname@example.org
12.3. The customer is obliged to provide all the necessary information for issuing the invoice in accordance with the current Bulgarian legislation.
12.4. The Seller will issue the Customer an invoice within 5 days for the ordered and delivered Goods/provided Services based on the information provided by the Customer.
13.1. The Seller shall not be liable for any damages suffered by the Buyer as a result of force majeure or circumstances beyond the Seller’s control.
14. Personal data processing
14.1. Derma-Act is registered in the Bulgarian Personal Data Processing Register under Registration Index and Date РО-01-2/09.01.2018.
14.2. In accordance with the requirements of Regulation (EU) 2016/679 of the European Parliament on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, with subsequent amendments and additions, Derma-Act is obliged to process personal data under conditions guaranteeing their storage and preventing their accidental loss and only for the specified purposes.
14.3. The purpose of data collection is: notifying Customers about information in their Accounts, notifying Buyers about the status of their Orders, evaluating the Goods and Services offered, other commercial activities, advertising the Goods and Services, marketing, advertisement, media, administrative, research purposes, market researches, tracking and monitoring sales and Customers’ behaviour.
14.4. By filling in the data in the form for creating an Account and/or Order, the Customer shall declare and accept unconditionally that their personal data will be included in the Derma-Act database, which is registered in the Bulgarian Personal Data Processing Register under Registration Index and Date РО-01-2/09.01.2018, and give their express and unequivocal consent to all this data to be archived, used and processed for the purposes described in items 9.1 and 14.3 of these general terms and conditions.
14.5. Each Buyer shall be considered to be informed by these general terms and conditions that their rights provided by the Bulgarian legislation are guaranteed, such as the right to information, the right to change their personal data, the right to object, the right to go to court in the event of a violation of their rights, guaranteed by the Bulgarian Personal Data Processing Register under Registration Index and date RO-01-2/09.01.2018.
14.6. Each Customer has the right to submit a written request that contains a date and their signature and send it to the address: 150 Cherni Vrah Blvd., floor 3, in order to exercise their right to obtain information about whether their personal data has been processed or not, for which they do not owe any fee.
14.7. Each Customer can exercise their right to change their personal data by submitting a written request, dated and signed, to the address: 150 Cherni Vrah Blvd., floor 3, according to the following purposes:
- correction, update, blocking or deletion of data whose processing does not comply with Regulation (EU) 2016/679 of the European Parliament on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, especially of incomplete and inaccurate data;
- transformation of the data into anonymous ones whose processing does not comply with Regulation (EU) 2016/679 of the European Parliament on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, especially of incomplete and inaccurate data;
- notifying to third parties to whom the personal data have been provided for processing, unless this proves impossible or involves excessive efforts compared to the legitimate interest that may be affected.
14.8. The Buyer agrees and allows Derma-Act to provide their personal data to other companies with which Derma-Act has a partnership, but only if the latter have undertaken to store and process them in accordance with the law. Such companies are: marketing service providers, couriers providing payment/banking services, telemarketing or other services provided by companies with which Derma-Act may develop joint programmes for marketing the Goods and Services provided by it, insurance companies.
14.9. The Buyer’s personal data may be provided to the public prosecutor’s office, the police, judicial institutions or other state bodies, on the basis and within the framework of the legal provisions and as a result of an explicit request made by them for this.
15. Force majeure circumstances
15.1. Neither party shall be liable for failure to perform its contractual obligations, if such failure is due to force majeure. Force majeure is an unforeseeable event beyond the control of the parties that cannot be avoided.
15.2. If within 14 (fourteen) days of the date of the relevant event, it does not stop, each party has the right to notify the other party that it is terminating the Contract without owing the other party compensation for any possible damages suffered.
16. Applicable law – jurisdiction
All disputes arising out of or relating to this contract, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes related to filling gaps in the contract or adapting it to new circumstances, shall be resolved by mutual agreement between Derma-Act and the Customer or, if this is not possible, by the Court of Arbitration at the European Judicial Chamber, Sofia, in accordance with its Rules of cases based on arbitration agreements.