GENERAL TERMS AND CONDITIONS OF USE
Of the online shop www.buba.bg and the purchase of goods and services
These General Terms and Conditions govern the relationship between NEWVIVA Ltd. (“НЮВИВА” ООД), UIC 201884970, represented by Georgi Nikolov, with registered office and address of management at bl. 460A, entr. 2, Prof. Aleksandar Tanev St., Mladost 4, Sofia, Bulgaria, and the users of the services offered by www.buba.bg. Www.buba.bg is an online shop offering goods intended for children. The products offered on the website are subject to copyright and constitute intellectual property – including the product descriptions, the logo and the design of the shop.
The same GENERAL TERMS AND CONDITIONS apply when a contract/sale is concluded via the Facebook page and the Instagram profile of www.buba.bg
I Subject matter
These general terms and conditions have the nature and force of a concluded contract.
Art. 1. These general terms and conditions apply to customers and users who access the website www.buba.bg, as well as the Facebook page and the Instagram profile of www.buba.bg, created and managed by NEWVIVA Ltd.
Please read these General Terms and Conditions carefully before accessing the Website.
Art. 2. If you do not agree with these GENERAL TERMS AND CONDITIONS, please stop using the website. If you have any questions, you can contact us using the contact details set out in Section II.
II Seller details
Art. 3. The website www.buba.bg, as well as the Facebook page and the Instagram profile of www.buba.bg, are administered by NEWVIVA Ltd.
Art. 4. You can contact NEWVIVA Ltd. in the following ways:
Contact telephone: +359 2 426 54 32
E-mail address: office@buba.bg
Address of management and registration: bl. 460A, entr. 2, Prof. Aleksandar Tanev St., Mladost 4, Sofia, Bulgaria
Office and service address: 16 Aleksandar Malinov Blvd., floor 3, office 2, Mladost 1, Sofia, Bulgaria
III Definitions
Art. 5. In short, in the GENERAL TERMS AND CONDITIONS Trader/Seller means NEWVIVA Ltd.
User/Customer is any natural or legal person who uses the website www.buba.bg and its respective Facebook page and Instagram profile in any way, including browsing.
Art. 6. Website in the GENERAL TERMS AND CONDITIONS means the web address www.buba.bg, as well as the social media profiles of Buba Bulgaria.
Art. 7. Account – a section of www.buba.bg, consisting of an e-mail address and password, which allows the Customer to use the services of the Website in cases where one is required.
IV General provisions
Art. 8. The General Terms and Conditions of NEWVIVA Ltd. are binding on all users and customers of www.buba.bg or customers via the social networks: the company’s Facebook page and Instagram profile.
(1) Any use of www.buba.bg, or respectively of the social media profiles, means that you have carefully read the General Terms and Conditions for their use and have agreed to comply with them unconditionally.
(2) The General Terms and Conditions may be amended unilaterally by NEWVIVA Ltd. at any time. These amendments take effect immediately after they are updated on the Website and are binding on all customers and users.
(3) NEWVIVA Ltd. has the right to make changes to the terms of use at any time at its own discretion or if they are required by a statutory instrument that has entered into force.
(4) In every case of amendment of the General Terms and Conditions, NEWVIVA Ltd. will inform its customers and users by publishing the amendments on the Website. In this sense, you as users have an obligation to check for any amendments to the general terms and conditions of www.buba.bg each time you use it.
(5) If any of the provisions of these General Terms and Conditions of use of www.buba.bg proves to be inapplicable or invalid, for whatever reason, this does not result in the invalidation of the remaining provisions.
Art. 9. The team administering www.buba.bg makes efforts to maintain the accuracy of the information presented on the Website. Nevertheless, please bear in mind possible technical errors or other omissions. It is important to know that the product images are illustrative and indicative, and accordingly the products delivered may differ from the images within acceptable limits.
Art. 10. The characteristics or prices of the products on www.buba.bg may be changed at any time. We apologise in advance to the users of www.buba.bg for any technical errors.
Art. 11. All goods, including those on promotion/sale, are sold and delivered while stocks last, even if this is not expressly stated on www.buba.bg.
Art. 12. www.buba.bg may contain links to other websites. The website www.buba.bg is not responsible for the privacy policies of websites it does not administer, nor for any other information contained therein.
V Conclusion of the contract
Art. 13. The User states his wish to order/purchase goods via the online shop www.buba.bg or one of its social media profiles by placing an order electronically.
Steps:
(1) Select the product(s) you want from the website, as well as their quantity, and click “Add to cart”;
(2) You will receive an automatic notification that the order has been registered in the system of www.buba.bg. This does not guarantee that the order will be fulfilled! You will receive explicit confirmation by e-mail or telephone that the order can be fulfilled.
(3) The Seller has the right not to deliver some or all of the goods or not to perform some or all of the services in the order for various objective reasons, including because they are out of stock. In such a case, the Seller is obliged to refund any prepaid value of the order, or of the unfulfilled part of it. The Customer will always be notified by www.buba.bg by e-mail or telephone.
(4) You do not need to be registered to place an Order on the website.
(5) By placing an order via the website, you warrant that you are legally capable of entering into binding contracts and that you are of legal age.
(6) The distance sales contract between the Seller and the Customer is deemed concluded at the moment the Customer receives, by e-mail and/or by SMS sent to his telephone, a notification that the Goods in the Order are ready for dispatch or that the Service can be provided.
(7) The sales contract concluded between the Customer and the Seller consists of these General Terms and Conditions and any additional arrangements between the Seller and the Buyer.
(8) The subject of the sales contract is a product offered on the website www.buba.bg, the product description expressly stating: type of product, material from which it is made, main characteristics such as size, approximate weight, as well as the cost of delivery.
Each of the products available on the website carries a statutory guarantee of conformity for a period of 2 /two years/.
VI Online sales policy
Art. 14. Registration on www.buba.bg is permitted for every user
(1) www.buba.bg reserves the right, at its own discretion, to restrict any customer’s access to placing an Order and/or to any of the available payment methods if it considers that this could be detrimental to www.buba.bg in any way. The Customer has the right to contact the “Contacts” department of www.buba.bg to be informed of the reasons that led to the application of the above restrictions. www.buba.bg is not liable for any damage that the Customer has suffered or may suffer as a result of this decision, regardless of whether it is correct or justified.
Art. 15. The Customer has the right to publish reviews of goods and/or services, as well as to contact www.buba.bg at the addresses given in the “Contacts” section. Reviews or messages containing obscene words or inappropriate content will be removed by www.buba.bg.
Art. 16. Communication with the Seller may take place by contacting it directly or by the other options in the “Contacts” section.
Art. 17. www.buba.bg may publish advertising or promotional information about the goods and/or services and/or the promotions it offers on the Website for a certain period of time.
Art. 18. All prices of goods and/or services on www.buba.bg are final, stated in Euro (EU) and include VAT and all other taxes or charges required by law.
Art. 19. In the case of online payments or payments by bank transfer, the seller bears no liability whatsoever for any costs relating to fees, commissions or other additional payments made by the buyer or his bank in connection with the transaction itself, nor in cases of currency exchange applied by the bank that issued the customer’s card where the currency is other than EU.
Art. 20. Card payments to www.buba.bg are treated by banks in Bulgaria as international payments and, under their rules for cards and card payments, some banks charge additional fees for this type of transaction. The costs associated with such payments are borne solely by the buyer. www.buba.bg therefore recommends that its customers check with their bank for any additional fees that may be charged to them for online or bank payments for products sold by www.buba.bg
Art. 21. All images placed on the platform are intended solely to give an idea of the type of goods/services offered and not to represent them exactly. Accordingly, some of the images of the goods or services on the platform (static/dynamic images/multimedia presentations, etc.) may not correspond to the appearance of the respective goods or may create a false impression of the service offered. The Seller is not liable for such discrepancies.
VII Order. Right of withdrawal
Art. 22. The Customer/User undertakes and is responsible for ensuring that all data provided to www.buba.bg in connection with the order are true, complete and accurate as at the date the order is sent.
Art. 23. By sending the order, the Customer/User authorises NEWVIVA Ltd., if necessary, to contact him by any possible means in connection with the order placed and the Contract concluded.
Art. 24. The Seller has the right to refuse to fulfil (to cancel) an order placed by the customer/User, in which case it shall notify him.
Art. 25. Cancellation of the order by the seller or the buyer does not entail any liability or subsequent obligation of either party towards the other. Neither party has the right to claim compensation for its cancellation in the following cases:
• non-acceptance of the transaction by the issuing bank of the customer/User in the case of online payment;
• execution of the money transaction which does not result in funds being received in the seller’s account in the case of online payments;
Where the customer/User provides incomplete and/or incorrect [data], the Seller has the right to claim from the buyer the courier costs incurred for dispatching the order that could not be delivered.
Art. 26. (1) The Customer/User has the right to withdraw from the distance contract, without giving any reason and without owing any compensation or penalty, within 14 (fourteen) days. The period starts to run from the day on which the Customer, or a third party other than the carrier and indicated by the Customer, receives the goods. Where the goods of one order are delivered separately – from receipt of the last item. The right of withdrawal does not apply in the cases under Section IX.
(2) The Customer may exercise the right of withdrawal in one of the following ways:
1. via the “Withdraw from the contract here” function on www.buba.bg. It is accessible via a link at the bottom of every page of the website, a button next to each order in “Order history” in the Customer’s account, and a link in the order dispatch e-mail. No registration is required: the Customer enters the order number and the e-mail address used to place the order, selects the goods from which he is withdrawing, checks his name and e-mail and clicks the “I confirm the withdrawal” button;
2. via the model withdrawal form (Annex No. 6 to the Consumer Protection Act (ЗЗП)), published on the “Returning products” page, or by any other unequivocal statement sent by e-mail to office@buba.bg or to the address: 16 Aleksandar Malinov Blvd., floor 3, office 2, Sofia, Bulgaria.
(3) Where the Customer withdraws via the function under para. 2, item 1, he immediately receives by e-mail a confirmation on a durable medium containing the content of the statement and the date and time of its submission. Where the Customer withdraws under para. 2, item 2, the Seller confirms receipt of the statement by e-mail without delay.
(4) The withdrawal period is met if the Customer sends his statement before it expires.
Art. 27. (1) After receiving the withdrawal, the Seller issues a waybill (AWB) for the return shipment and a courier collects the goods from the Customer’s address. The Customer must have the goods ready for collection without undue delay and not later than 14 (fourteen) days from the date of the withdrawal. The deadline is met if the goods are handed over to the courier before it expires. We recommend that you enclose the order number or a copy of the withdrawal confirmation with the shipment. The Customer may also choose to send the goods himself, at his own cost, to the address: 16 Aleksandar Malinov Blvd., floor 3, office 2, Sofia, Bulgaria.
(2) The direct costs of returning the goods are borne by the Customer and are deducted from the amount refunded under Art. 28.
(3) It is not a condition for withdrawal that the goods be in their original packaging or unopened. The Customer may examine and try out the goods as he would in a shop. The Customer is liable only for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning. In that case, the Seller may reduce the amount refunded by the corresponding value.
Art. 28. (1) The Seller refunds all payments received from the Customer under the contract, including the costs of delivery, less the direct cost of the return shipment under Art. 27, para. 2, without undue delay and not later than 14 (fourteen) days from the date on which it received the withdrawal. The Seller does not refund the supplementary costs if the Customer expressly chose a type of delivery other than the least expensive type of standard delivery offered by the Seller.
(2) The refund is made to the bank account (IBAN) indicated by the Customer, regardless of the method of payment. By indicating the account (in the withdrawal function, the form or by e-mail), the Customer expressly agrees to this method of refund, which does not entail any costs for him. If the Customer paid by card and does not wish to indicate an account, the amount is refunded to the card used for payment. In the case of payment by consumer credit – after termination of the credit agreement, in the manner determined by the bank that granted the credit.
(3) The Seller may withhold the refund until it has received the goods back, until the goods have been collected by the courier, or until evidence has been supplied that they have been sent back, whichever occurs first.
VIII Intellectual property
Art. 29. All content present on www.buba.bg, including the logo depicting the word Buba, captions and images, as well as the product descriptions, is the property of NEWVIVA Ltd. or of third parties from whom NEWVIVA Ltd. has obtained consent for reproduction.
Art. 30. NEWVIVA Ltd. reserves all its intellectual property rights connected in any way with the website www.buba.bg and the products on it.
Art. 31. Certain products displayed on the website www.buba.bg have their own specific and unique design, owned by NEWVIVA Ltd. or, respectively, by third parties with which NEWVIVA Ltd. has concluded a contract. These designs are subject to copyright and intellectual property and are protected by Bulgarian legislation.
Art. 32. Users may use the content of the website solely for the purposes of purchase and sale. Use of the content for purposes other than those set out in the General Terms and Conditions is deemed a breach of these General Terms and Conditions of www.buba.bg, as well as an infringement of the intellectual property owned by NEWVIVA Ltd.
Art. 33. Every product displayed on www.buba.bg complies with the European and national requirements concerning the respective products, and in particular their safety. NEWVIVA Ltd. keeps all available documentation certifying conformity. Some of the products on the website have been tested in independent European laboratories to prove the conformity of the products with European legislation in the field of children’s toys – standard EN 71.
Art. 34. (1) The Customer may copy, transfer and/or use the content only for personal, non-commercial purposes, only where this does not contradict the provisions of this chapter of this document and the express consent of NEWVIVA Ltd. has been obtained.
(2) NEWVIVA grants owners of other websites and users the right to publish links to the online shop www.buba.bg.
(3) Copying texts from www.buba.bg and placing them on other websites and online shops is prohibited without the express consent of NEWVIVA Ltd. or without citing the source by inserting the following text: “Source: Online shop for children’s goods and products - www.buba.bg”, and the link must lead to the online shop www.buba.bg!
Art. 35. NEWVIVA Ltd. holds the copyright to the content of the website www.buba.bg, including but not limited to the product descriptions and the advertising content published on behalf of NEWVIVA Ltd. or, respectively, on behalf of the website www.buba.bg.
IX Goods and services for which the Customer has no right of withdrawal
Art. 36. The Customer has no right to withdraw from the concluded contract in the following cases:
· For the provision of services, where the service has been fully performed and performance began with the Customer’s express prior consent and acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the seller;
· For the supply of goods or services whose price depends on fluctuations in the financial market which cannot be controlled by the seller and which may occur within the withdrawal period;
· For the supply of goods which, by their nature, are liable to deteriorate or have a short shelf life;
· For the supply of sealed goods which have been unsealed after delivery and are not suitable for return due to health protection or hygiene reasons;
· For the supply of goods which, after delivery, have by their nature become inseparably mixed with other items;
· For the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
· For the supply of digital content not supplied on a tangible medium, where performance has begun with the express consent of the customer, who has acknowledged that he thereby loses his right of withdrawal.
Art. 37. (repealed)
Art. 38. (repealed)
X Advertising
Art. 39. When the Customer/User creates an account on the platform and/or places an order, he has the option to give his consent to receive advertising messages. This consent may also be given without the user having to register. In both cases, the User must expressly give his consent to receive advertising messages.
Art. 40. The Customer/User may opt out of receiving advertising messages at any time by using the special link contained in each advertising message, by changing the settings in his account, or by contacting NEWVIVA Ltd. by any other means, including but not limited to by e-mail, by telephone on +359 2 426 54 32, or by post to the correspondence address stated above.
Art. 41. Opting out of receiving advertising messages does not automatically mean withdrawal of the consent given to conclude a distance purchase contract.
XI Invoicing and payment
Art. 42. The prices of goods and services stated on www.buba.bg are final and include VAT, as well as all other taxes and charges provided for in applicable Bulgarian legislation. The price of delivery may change depending on the service selected, the courier and the nature of the order. The change may lead to additional costs, which are covered by the Buyer.
Art. 43. Payment on the website is by cash on delivery or bank transfer. The price, method of payment and payment deadline when invoices are issued are stated in each order. Orders for products offered by www.buba.bg with a value equal to or exceeding EUR 5,000 (the threshold under Art. 3 of the Bulgarian Act on Limiting Cash Payments) cannot be paid on delivery and must be paid in advance by bank transfer or by bank card.
Art. 44. The Customer/User is obliged to provide all the information necessary for issuing the invoice in accordance with applicable Bulgarian legislation, where one is required.
Art. 45. The Seller will issue the customer with an invoice for the goods ordered and delivered/services provided on the basis of the information provided by the Customer/User. Where the latter has not indicated that he wishes to receive an invoice, NEWVIVA Ltd. provides a fiscal receipt for the sale made and the cash payment received, or respectively assigns this to a courier company providing the “Postal money transfer” service.
Art. 46. In order for the invoice for the respective order to be drawn up correctly, the Customer is obliged to keep the data in his Account continuously up to date. He is obliged to review the information stated in the respective Order to make sure that it is complete, true and accurate.
Art. 47. The website contains a large number of goods and it is possible, despite our best efforts, that some of the characteristics of the goods listed on the website are incorrect. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible. We will give you the option of confirming your order at the correct price or cancelling it.
Art. 48. NEWVIVA Ltd. IS NOT obliged to sell goods or services at incorrectly stated prices on the website www.buba.bg.
Art. 49. Some offers are subject to a maximum quantity that may be purchased by one customer. Where applicable, this is described in detail in the individual offer.
XII Delivery of goods
Art. 50. (1) The Seller undertakes to deliver the goods ordered and purchased, itself or through a courier company, to an address specified by the buyer or to a courier company office, depending on the customer’s choice. In the case of door-to-door delivery, the Customer must specify the floor to which the products are to be delivered. Otherwise, delivery will be made to the building indicated as the delivery address. The costs of delivering the order are in accordance with the delivery terms in the DELIVERY section and are expressly stated when preparing the order on the website www.buba.bg.
(2) The standard delivery period for orders is 5 /five/ working days from receipt of the seller’s confirmation that the order has been accepted. Where a product is not in stock, the delivery period is agreed between the parties and may exceed the period stated above.
Art. 51. The Seller ensures appropriate packaging of the goods and the dispatch of the accompanying documents. If for any reason a necessary document is missing from the shipment, please contact us at office@buba.bg so that we can send it to you promptly.
Art. 52. If more than one address is saved in an Account, the delivery will be sent to the one marked as primary. Deliveries to Romania and Greece are made under the conditions set out on the “Delivery” page.
Delivery to any other country must be agreed with the Seller in advance. Contact details for NEWVIVA Ltd. can be found on the website or in Section II, Art. 4 of the General Terms and Conditions.
Art. 53. The delivery price, where applicable, will be visible once the desired product(s) have been placed in the cart. The description of some products also includes the price of the courier service. Delivery prices are indicative and may be subject to change depending on the courier selected, the volume of the order, the destination and other circumstances.
Art. 54. Upon handover of the goods, the Buyer/User or a third party signs the documents accompanying the shipment. A third party is anyone who is not the holder of the order but accepts delivery of the goods and is at the address indicated by the customer.
Art. 55. In the event of refusal to accept the goods, other than in the cases described below, the refusal is deemed unjustified and the Customer owes payment of the costs of delivering and returning the goods.
Art. 56. If the Customer cannot be found at the address indicated within the delivery period, or access and conditions for handing over the goods are not provided within that period, www.buba.bg is released from its obligation to deliver the goods ordered. The Customer may confirm his wish to receive the goods even after expiry of the delivery period in which he was not found at the address, bearing all costs of the subsequent delivery. In this case, a new delivery period starts to run from the moment of confirmation.
Art. 57. The risk of loss of or damage to the goods passes to the Customer when he, or a third party indicated by him other than the carrier, takes physical possession of the goods. On receipt, we recommend that you inspect the parcel in the presence of the courier and, if there is visible damage, refuse to accept it or draw up a report with the courier, and notify us at office@buba.bg.
XIII Warranties. Right to lodge a complaint
Complaints, service and spare parts under warranty (including consumables and spare parts for trampolines) are requested by e-mail to rma@newviva.bg, with photos, a description of the problem and proof of purchase showing that the product is under warranty.
Art. 58. (1) The Seller offers all goods on www.buba.bg with a 2-year statutory guarantee of conformity of the goods with the contract in accordance with applicable legislation, pursuant to the Act on the Supply of Digital Content and Digital Services and on the Sale of Goods (ЗПЦСЦУ). Some products may carry a warranty longer than 2 years, depending on the terms agreed with the manufacturer. This is stated in the product description in the online shop.
In the event of non-conformity, the consumer has the right to lodge a complaint for any non-conformity of the consumer goods with the contract that becomes apparent after delivery and is discovered during the initial inspection or during the storage, assembly, testing or use of the product. Certain categories of goods which, by their nature, cannot carry a warranty are an exception.
(2) In the event of non-conformity of the consumer goods with the contract of sale, the buyer has the right to lodge a complaint in writing, requesting NEWVIVA Ltd. to bring the goods into conformity with the contract of sale within 1 month, and the consumer may choose between repair of the goods or their replacement with new ones, unless this is impossible or the remedy chosen is disproportionate compared to the other. To lodge a complaint, the consumer should fill in the Complaint Form, which can be found below in these General Terms and Conditions and on the website in the COMPLAINTS section. Once completed, the form must be sent to the stated correspondence address of NEWVIVA Ltd. or by e-mail to rma@newviva.bg.
When lodging a complaint, the Consumer states the subject of the complaint, the preferred remedy or, respectively, the amount claimed, and an address, telephone number and e-mail for contact. When lodging a complaint, the consumer must also attach the documents relating to the order, as well as those on which the claim is based, namely:
· Cash receipt or invoice;
· Reports, photographs, statements or other documents establishing the non-conformity of the goods or service with what was agreed – if available;
· Other documents establishing the grounds and amount of the claim.
(3) The warranty period starts to run from the time of delivery of the consumer goods. It is suspended for the time necessary for the repair or replacement of the consumer goods or for reaching an agreement between the seller and the consumer to settle the dispute.
(4) Any non-conformity of the consumer goods with the contract of sale that becomes apparent within 6 (six) months of delivery of the goods is presumed to have existed at the time of delivery, unless it is proven that the lack of conformity is due to the nature of the goods, their use by the consumer or the nature of the non-conformity.
(5) The consumer may not dispute the conformity of the consumer goods with the contract of sale if, at the time of conclusion of the contract, he knew or could not have been unaware of the non-conformity;
(6) A remedy is deemed disproportionate if it imposes costs on the seller which, compared to the other remedy, are unreasonable, taking into account:
1. The value the consumer goods would have had if there were no non-conformity;
2. The significance of the non-conformity
3. The possibility of offering another remedy
(7) If, after the expiry of 1 month from the lodging of the complaint, the consumer is not satisfied with its resolution, he has the right to terminate the contract and be reimbursed the amount paid, or to request a price reduction. This right does not apply if NEWVIVA Ltd. has agreed to replace the product with a new one or to repair it within the 1-month period from the lodging of the complaint, nor where the non-conformity is minor.
(8) Bringing the consumer goods into conformity with the contract of sale is free of charge for the consumer. He does not owe any costs for shipping the consumer goods or for materials and labour related to their repair, and must not suffer significant inconvenience. The consumer may bring a claim for compensation for damage suffered as a result of the non-conformity.
(9) NEWVIVA Ltd. is obliged to satisfy a request for termination of the contract and to reimburse the amount paid by the consumer where, after having satisfied three complaints of the consumer by repairing the same goods, a further non-conformity of the goods with the contract of sale occurs within the warranty period /2 years/.
(10) The consumer has the right to lodge a complaint regarding the goods regardless of whether the manufacturer or the trader has provided a commercial warranty for the goods or service.
(11) Where the complaint is satisfied by replacing the goods with others conforming to the contract, NEWVIVA Ltd. will preserve the original warranty conditions for the consumer.
(12) Lodging a complaint does not preclude bringing a court action.
Art. 59. If NEWVIVA Ltd. has provided a commercial warranty for the goods and the warranty period is longer than the periods for lodging a complaint described in the preceding paragraphs, the complaint may be lodged until the expiry of the commercial warranty period.
Art. 60. The Seller will use the data provided by the buyer, or respectively entered in his account, when filling in and issuing the warranty certificate, where NEWVIVA Ltd. has stated on its website that it provides an additional commercial warranty beyond the statutory guarantee referred to in the preceding provisions.
Art. 61. Repair of products outside the warranty period, or within that period but where the seller’s obligation to bring the goods into conformity with the contract of sale has lapsed on any ground, is payable by the buyer and is carried out within a period agreed between the parties.
XIV Transfer of ownership
Art. 62. Ownership of the goods will be transferred by the seller upon their handover to the buyer, after payment has been made by the buyer. Handover of the goods will be certified by the buyer’s signature on the transport document provided by the courier.
XV Posting comments. Questions and answers
Art. 63. Comments, questions and answers may be written by the customer in the comments section. What is written may be either positive or negative and must relate to the characteristics and manner of use of a given product or service. In certain cases, no option for comments is provided.
Art. 64. Each customer, when publishing a comment/question/answer in the said sections, undertakes to observe the following rules:
· To refer only to the characteristics and/or manner of use of a particular product or service, avoiding information relating to aspects that may change (e.g. price or promotional offers);
· To write in Bulgarian, English, Romanian or Greek;
· To use appropriate language that does not contain offensive expressions or expressions that may infringe the rights of a third party;
· To make sure that the information entered is realistic, correct, not misleading and in accordance with applicable laws, respecting, among other things, the rights of other persons – e.g. copyright, intellectual property rights, licence rights or other property rights, publicity rights or the right to privacy.
· To use this service only to communicate or obtain additional details about a particular product or service on the website, without making references to other companies that promote the sale and purchase of goods and/or services;
· Not to provide or request, in any way or form, personal data (contact details, delivery address or place of residence, telephone number, e-mail address, first names and/or surnames, etc.) or other information that may lead to the disclosure of such personal data;
· Not to publish information and/or details about URLs (links) of other websites carrying out the same or a similar commercial activity as NEWVIVA Ltd.
· Not to post comments/questions/answers containing material of an advertising nature;
Art. 65. If a comment/question or answer raises concern, the Customer may report it to the Seller. The report is carefully examined by NEWVIVA Ltd. for any breach of the terms of use of www.buba.bg. Published texts, photos or videos are removed from www.buba.bg if such a breach is established.
Art. 66. If repeated breaches of these terms of use by a given Customer are established, NEWVIVA Ltd. has the right to restrict the customer’s ability to publish comments/questions and answers without being obliged to give reasons for this.
Art. 67. For complaints and grievances relating to the goods and/or services purchased, buyers may use the complaint form in the COMPLAINTS section. Arts. 26–28 apply to withdrawal from the contract.
XVI Liability
Art. 68. The Seller is not liable for any damage suffered by the buyer as a result of force majeure or circumstances beyond the seller’s control.
XVII Processing of personal data
Art. 69. In accordance with the General Data Protection Regulation and Bulgarian legislation, NEWVIVA Ltd. is the Controller of personal data. The person administering the website is Georgi Nikolov – manager of the company.
(1) NEWVIVA Ltd. is obliged to process personal data under conditions guaranteeing their safekeeping and preventing their accidental loss, and only for the stated purposes.
(2) The purpose of collecting the data is: notifying customers of the information in their accounts, notifying buyers of the status of their orders, evaluation of the goods and services offered, other commercial activities, advertising of the goods and services, marketing, advertising, media, administrative and research purposes, market research, and monitoring and observation of sales and customer behaviour.
(3) Processing of personal data for some of the above purposes requires the explicit consent of the data subject or the existence of a contract between the parties.
(4) Every buyer has the right at any time to request updating of his personal data and information on the use of his personal data, to withdraw the consent given, and to request erasure or restriction of his personal data, as well as to object to automated processing, including profiling.
(5) To exercise his rights, the buyer should contact [NEWVIVA Ltd.] by any of the means set out in item 2.3.
(6) The buyer agrees to and authorises www.buba.bg to provide his personal data to other companies with which it has partnership relations, but only if the latter have undertaken to store and process them in accordance with the law and where such provision is necessary for the performance of the contract concluded between the consumer buyer and the trader seller.
(7) NEWVIVA Ltd. adopts a Personal Data Security Policy, which describes in detail the personal data processing processes in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) – GDPR and the Personal Data Protection Act (ЗЗЛД). The Policy is available on the website www.buba.bg.
Art. 70. The buyer’s personal data may be provided to the prosecution service, the police, judicial institutions or other state authorities, on the basis and within the limits of the statutory provisions and following an express request from them to that effect.
XVIII Applicable law – Jurisdiction
Art. 71. Disputes arising between NEWVIVA Ltd. and Customers and/or Users will be resolved by mutual agreement or, if this is impossible, disputes will be resolved in accordance with Bulgarian legislation, unless the parties have agreed otherwise.
XIX Authorities regulating the activity
Art. 72. Authorities regulating the activity of NEWVIVA Ltd. and their contact details:
Commission for Consumer Protection (КЗП):
Website: https://kzp.bg/kontakti
tel.: 0700 111 22
email: info@kzp.bg
address: 4A Slaveykov Sq., floors 3, 4 and 6, Sofia, Bulgaria
Commission for Personal Data Protection (КЗЛД)
Website: https://www.cpdp.bg/
tel.: 02/91-53-518
email: kzld@cpdp.bg
address: 2 Prof. Tsvetan Lazarov Blvd., Sofia 1592, Bulgaria
Regional Health Inspectorate (РЗИ):
Address: 20 Vranya St., Sofia, Bulgaria
Tel.: 02 813 0400
Information on the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. If the goods of one order are delivered separately – after the day on which you acquire physical possession of the last item.
To exercise the right of withdrawal, you must inform us of your decision to withdraw by an unequivocal statement addressed to NEWVIVA Ltd., 16 Aleksandar Malinov Blvd., floor 3, office 2, Sofia, Bulgaria, tel. +359 887 132 548, e-mail office@buba.bg. The easiest way is to use the “Withdraw from the contract here” function (the link is at the bottom of every page). You will immediately receive a confirmation by e-mail. You may also use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), less the direct cost of the return shipment, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision. We will make the reimbursement to the bank account (IBAN) you indicate; if you paid by card and do not indicate an account – back to the card. You will not incur any fees as a result of the reimbursement itself.
We may withhold reimbursement until we have received the goods back, until the goods have been collected by the courier, or until you have supplied evidence of having sent back the goods, whichever is the earliest.
After receiving your withdrawal, we will issue a waybill (AWB) for the return shipment and a courier will collect the goods from your address. You must have the goods ready for collection without undue delay and in any event not later than 14 days from the day on which you communicated your withdrawal to us. The deadline is met if you hand the goods over to the courier before the period of 14 days has expired. You may also choose to send the goods yourself, at your own cost, to 16 Aleksandar Malinov Blvd., floor 3, office 2, Sofia, Bulgaria.
You will bear the direct cost of returning the goods; it will be deducted from the amount refunded.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL AND RETURN
Download the withdrawal form (Word, in English)
FORM FOR EXERCISING THE RIGHT TO LODGE A COMPLAINT
Download the complaint form (Word, in Bulgarian)
IMPORTANT! You can send the forms by e-mail to office@buba.bg or printed out together with the shipment. The fastest way to withdraw from the contract is the “Withdraw from the contract here” function at the bottom of the website.