Dear users, welcome to the website of BI FITNESS EOOD. Please read this information carefully before using the site. It is provided in accordance with the requirements of the Consumer Protection Act, the Electronic Commerce Act and the Personal Data Protection Act and is part of the agreement between you and BI FITNESS EOOD, which regulates the use of the site https: // boyanivanovfitness. com / and the purchase of goods and the use of services offered through the site. Every visitor, whether registered or not, using the site, agrees to these terms. In case of disagreement with them, please stop using the website immediately.
The following information is part of the terms of trade between BI FITNESS EOOD as the owner of the site https://boyanivanovfitness.com/ representing an online store for sporting goods and nutritional supplements, as well as for online training and training regimes and users on the website, regarding its use and the opportunities provided to it for concluding distance sales contracts.
1. For the purposes of these General Terms and Conditions:
1.1 “Product” and “Goods” represent the items displayed on the website and offered for purchase.
1.2. “Service” is the preparation of a training program, training regime, diet or the provision of online advice on training, nutrition and daily program to achieve optimal sports results.
1.3. “User” is anyone who has loaded the website https://boyanivanovfitness.com/
1.4. “Registered user” is any user who has personalized their presence on the website by entering personal data.
1.5. “Order” is an offer made by a user to purchase goods or receive services under the conditions set out below.
1.6. “Provider” and “Seller” is BI Fitness EOOD, UIC 206438694, with registered office and address of management and place of business in Sofia, 19 Yakov Kraikov Str., 3rd floor. ap. 5, tel. 0878 19 55 21, e-mail firstname.lastname@example.org.
- The owner of the website https://boyanivanovfitness.com/ is BI FITNESS EOOD, UIC 206438694, which company is a supplier and seller of the goods and services offered on the website.
- The parties under these conditions are the users in the sense of item 1.2 and item 1. 3.
- The website https://boyanivanovfitness.com/ offers goods and services to persons over 18 years of age.
4.1. By accepting these general terms and conditions, users declare that they are aged or over 18 and that they are capable.
4.2. If you are under the age of 18 and / or incapacitated, please do not use the website.
4.3. The Provider reserves the right to restrict the access of certain users to the website and / or the services provided to it, provided that there is evidence proving that their age is under 18 years and / or that they are incapacitated.
5. When visiting the website https://boyanivanovfitness.com/ or sending messages in the form of e-mail, Users communicate with the Provider in electronic form. For the needs of communication with the Users, the Provider reserves the right to use such electronic methods of communication. In this regard, Users express their consent to the use of this type of communication and declare that the agreements, notifications, data, etc. transmitted through it meet the legal requirements applicable to them in writing.
- The Provider does not send to the Users commercial messages other than those provided in the present conditions and messages related to the delivery and the subsequent relations. The user agrees to receive the intended messages, as well as messages related to the delivery and subsequent relations.
6.1. The Provider has no right to send unsolicited commercial messages without the prior permission of the User.
6.2. The Provider has no right to send unsolicited commercial communications to the persons under Art. 6, para. 2 of the Electronic Commerce Act.
6.3. The provider is not responsible for commercial messages and unsolicited commercial messages sent by third parties (including advertisers, associates, etc.), regardless of whether these messages are related to the use of the site and the services provided on it.
SUBJECT. PRICE. METHOD OF PAYMENT
7. The Provider provides the User with an electronic catalog of goods and services that the User can purchase / acquire by submitting an order and paying the announced price in compliance with these conditions and the additional specific requirements for individual goods and services.
- An exact description of the type and characteristics of the goods and services offered through the site are contained next to and below the photo of the product / name of the service. Please read this information carefully before making a purchase decision.
- 1. The final price of the goods in Bulgarian levs, including VAT, if any, is indicated in the immediate vicinity of the product photo / service description.
9.2. The cost of delivery is not included in the price and is paid separately, according to the current tariffs of the respective courier service.
- The payment of the final price of the ordered goods / services (including VAT, if due) is made in full before their delivery to the user. Payment is made via PayPal or by bank transfer to the account of BI Fitness EOOD, listed on the website https://boyanivanovfitness.com/
ACCEPTANCE OF TERMS AND CONCLUSION OF A CONTRACT
11.1. Users accept these terms as follows:
11.2. Users who do not register on the website accept the terms by loading it and using the services provided on it.
11.3. Registered users accept these terms by filling in the required data for delivery of their selected goods. In this way, the users make an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, by virtue of which they declare that they are acquainted with the present conditions, accept them and undertake to comply with them.
11.4. Before concluding a distance selling contract, the user expressly declares, by creating an account and filling in the relevant fields regarding delivery details and method of payment, that he understands and accepts that he is concluding a post-purchase contract, under which he undertakes to pay the selling price of the selected goods / services to the supplier.
11.5. The provider shall immediately acknowledge receipt of the user’s statements by sending a confirmation e-mail to the user.
CHANGES IN THE TERMS
12.1. The provider has the right to unilaterally change these terms.
12.2. All changes in these terms and conditions take effect after sending notification e-mails (e-mail) or after their publication on the website.
12.3. The changes in the conditions do not affect the relationship between the User and the Provider in connection with a valid purchase request submitted before the notification.
13. The individual goods and services shall be presented in accordance with specifications laid down on the website.
13.2. Each presentation contains basic information about the offered product / service, indication of its final price, photographic material or other form of image, specifying the product, characteristics of the product / service and / or special delivery rules, if any.
13.3. The indicated price is in Bulgarian levs and when it comes to goods it is for one piece. It includes the net price and accrued value added tax (VAT), if due, as well as all other taxes and fees due.
- 4. The supplier has the right to change unilaterally and at any time the type of goods / services offered and their prices. The user is obliged to pay the price that was current at the time of making the request.
- 5. Notices of price reductions are made by placing the new price next to the old one, which is crossed out.
- 6. Users are aware that certain goods may not be temporarily available in stock. In this case, the Provider notifies the user by sending a specified e-mail or telephone.
- The order for delivery of goods and provision of services is made by filling in the forms presented on the website.
15.1. The user undertakes to indicate the exact details of the person who will receive the goods, as well as the place of delivery.
15.2. The order automatically describes the selected goods, their quantity, their final price including VAT, as well as the total price including VAT, if due, of all goods included in the order.
15.3. At any time before sending the order, the User may remove selected products from the form and / or add other products.
15.5. When ordering services, the user specifies exactly what services he wants to receive, if necessary, this is agreed between the parties via e-mail correspondence or telephone conversation.
- 6. The order is formed by sending a purchase order, which follows all procedures for selecting a product / service and entering data about the user and place of delivery. This action is a statement of intent, which binds with the force of an offer made by the User to the Provider in accordance with the provisions of the Law of Obligations and Contracts.
15.6. After receiving the order, the Provider contacts the User by phone or by e-mail.
- 7. The user should immediately confirm the order explicitly.
- 8. The Order does not bind the Provider in case the User has not indicated in it means of contact (telephone number or e-mail address), as well as in case it cannot be found by means of the indicated means of contact, or in case the same does not confirm or refuse the order.
- If after receiving an order the Supplier finds that the ordered product is no longer available or for some other objective reason can not be delivered, he must immediately notify the User by phone or e-mail.
The contract is considered concluded upon payment of the price.
18. The delivery of the ordered goods is made through a courier service or personally by the supplier in accordance with these conditions.
- 1. Delivery time is 3 working days from the order confirmation. Exceptions to this period are orders including specific products ordered by the user. The term of these deliveries is agreed between the Supplier and the User.
- 2. The Seller sends to the user a confirmation of the concluded contract on a durable medium simultaneously with the delivery of the goods
20.1. The ordered goods are delivered to the address indicated by the User, provided that the same is accurate and valid. The user undertakes to provide access and opportunity to receive the ordered goods.
20.2. The ordered goods are delivered in appropriate packaging, according to their type, size and method of delivery.
20.3. If the User is not found within the delivery period at the specified address, or if the User does not provide access and opportunity to receive, the Provider is released from its obligation to fulfill the order, the delivery costs are at the expense of the User.
20.4. In case the User confirms his wish to receive the ordered goods after the delivery period, the costs of additional delivery are at his expense.
20.5. The ordered goods can also be received by a third authorized person, provided that he confirms the identity of the ordered and received goods.
20.6. The third party who accepted the delivery has no right to return the goods or to object to the delivery.
- 7. Ordered services are delivered by sending them to the e-mail specified by the User or in another way agreed between the parties.
WITHDRAWAL FROM THE CONTRACT
21. 1. The user who has sent and confirmed an order for delivery of goods has the right to withdraw from the contract within 14 days from the date of receipt of the goods.
- 1. The user who has sent and confirmed an order for the supply of a service has the right to withdraw from the contract within 14 days from the date of conclusion of the contract. According to Art. 57, item 1 of the Consumer Protection Act, the right of withdrawal of the user from the contract for provision of service is waived in case the provision of the service has started before the expiration of the 14-day withdrawal period, based on his explicit request for this and upon confirmation that he is ready to lose his right of withdrawal after the contract is fully performed by the Provider.
- 2. In order for the refusal to take effect, the user is obliged to explicitly inform the Provider about his decision before the expiration of the 14-day period for refusal. The notification shall be sent in writing to the address of the Provider, electronically, through the website https://boyanivanovfitness.com/ or in another appropriate way to the address indicated by the Provider.
- 3 To exercise the right of withdrawal, the user may use the standard withdrawal form, which is Annex № 6 to the Consumer Protection Act / placed below in these general conditions / or state his decision in another way, but it must be clearly and unambiguously in Bulgarian as well.
- 4. In case the application for refusal is made through the website https://boyanivanovfitness.com/ the Provider will immediately send a confirmation of the refusal to the User.
- 1. Upon exercising the right of withdrawal, the supplier shall refund to the user the amount paid by him within 14 days of receipt of the notice of withdrawal. Within the same period, the User returns to the supplier the received goods, together with their packaging and accompanying documentation at the address: Sofia, 19 Yakov Kraikov Str., 3rd floor, apt. 5.
- 2. The Supplier has the right to postpone the refund until the goods are returned or until the User provides him with proof that he has sent the goods back, depending on which of the two events occurred earlier.
- 3. The User has no right to withdraw from the contract and the Supplier may refuse to refund payment received in case the subject of delivery are sealed goods that are unsealed after delivery and can not be offered for resale or otherwise sold, for reasons related to the hygiene or protection of human health. These are all food supplements offered on the website https://boyanivanovfitness.com/.
- In case the goods are used by the User for needs or in a way other than their testing, necessary to establish their nature, characteristics and good functioning, are of poor commercial appearance, damaged, worn or their value is reduced in another way, the User must compensate the Provider.
- Except in the above cases, the user may refuse to receive the goods if:
a / the delivered goods do not correspond to the ones ordered by the User;
b / the goods have suffered damage during transportation;
c / the product has defects.
The refusal to receive the delivered goods is formed in a protocol at the time of delivery.
- The refusal under item 24 can be made only at the time of delivery.
The user may not refuse to receive the delivered goods on grounds other than those specified.
WARRANTIES AND COMPLAINTS
27. After payment and receipt of the delivered goods / services, the User has the right to make a complaint in the presence of a defect that existed at the time of its delivery, according to Ch. V, sections II and III of the CPA. The user’s rights in case of complaints are specified in Art. 112 – 115 CPA. In case of a warranty event, the User has an obligation to provide the goods to the Supplier.
28. In order to conclude and execute the sales contracts through the website, the Provider collects and processes the following information about the Users:
– personal name, patronymic and surname
– current address (whether permanent, current or otherwise), in order to make the delivery
– e-mail address
– telephone number (landline, mobile or other) for delivery contact.
– e-mail address of a registered user
– name of a registered user
– User IP address
– other information concerning the traffic and technical parameters of the site (time and date of visit, how long the use of the site lasted, how long it took to load the site and each page, how exactly it is used, which products and services they view, etc. )
- The information under item 28 is collected through the technology of cookies, web-beacons, etc.
30.1. The files in this section located on your hard drive from the website do not in any way affect your operating system, its resources and functionality, do not threaten in any way your software, hardware, your security, and can be deleted at any time.
30.2 The user may at any time prohibit the acceptance of the files under this section by setting up his Internet browser.
The information collected is used only for:
– Maintenance and reliable operation of a high quality website and improving the level of services offered;
– Providing the information and transactions desired by the Users;
– Personalization of the activity according to user profile;
– Communication between the Provider and the Users;
– Carrying out research and improvements in the services we offer;
– Identification and elimination of technical irregularities
– Analysis of the behavior of the page and Users
– Submitting the necessary traffic information to advertisers.
- The Provider undertakes not to disclose personal information about the User and not to provide the collected information to third parties, except when:
– has obtained the explicit consent of the user;
– the information is requested by state bodies and officials, who according to the current Bulgarian legislation are authorized to request and collect such information, in compliance with the statutory procedures;
– in other cases provided by law.
- Users have the right to request the deletion of personal data available to them allowing their identification as individuals, but this will also include the closure of the username and password they use. Users accept that this may lead to delays or inability to make deliveries, in which case the Supplier will not be liable for non-performance of contractual obligations.
The processing of the collected data is carried out in accordance with the provisions of these conditions and the provisions of the current legislation of the Republic of Bulgaria and the General Regulation for Personal Data Protection of the EU.
35. The site https://boyanivanovfitness.com/ together with all texts, images, files, designs, logos, etc. elements that make up the website are the property of BI Fitness EOOD.
- BI FITNESS EOOD falls within the scope of the Conciliation Commission at the Consumer Protection Commission as a body for alternative dispute resolution – kzp.bg.
- The electronic link to the European online dispute resolution platform is ec.europa.eu/odr.
38.1. Users of the website https://boyanivanovfitness.com/ have no right to distribute, modify (edit), copy (except for non-commercial, personal purposes), transmit, exhibit, reproduce, reproduce, publish, create secondary materials, transfer, sell or in any other way use the content of the site without the express written permission of BI Fitness EOOD.
38.2. It is forbidden to use the Site and e-mail addresses of BI FITNESS EOOD for sending or transmitting any materials with illegal, threatening, false, misleading, insulting, harassing, disgraceful, defamatory, vulgar, obscene, scandalous, inciting, pornographic or religiously incorrect content or any material that establishes or encourages conduct that would be considered a criminal offense, would result in civil or criminal liability, or would otherwise violate the law.
38.3. It is forbidden to use the Site for advertising purposes or any other form of attracting users without the written permission of BI FITNESS EOOD.
- The supplier is not responsible:
-for actions performed through or on the website by Users, including through unauthorized access to it.
– for the damages and lost profits incurred in connection with the use, access, content or reliability of the information on other websites and resources to which the Provider provides hyperlinks through the website.
– for direct, indirect, incidental, consequential damages arising from the inability to use the website or parts of it due to technical reasons.
- All copyrights, trademarks, designs, database rights and other intellectual property are the property of their rightful owners.
Appendix № 6 to Art. 47, para. 1, item 8 and Art. 52, para. 2 and 4 of the Consumer Protection Act
Standard form for exercising the right to withdraw from the contract
(fill in and send this form only if you wish to withdraw from the contract)
BI FITNESS EOOD
Sofia, 19 Yakov Kraikov Str., 3rd floor, apt. 5
I hereby notify / inform * that I am giving up / refusing * the contract concluded by me / us * for the purchase of the following goods: …………………………………………………………………………………………………..
Ordered on * / received on * ………………………………………………….. .
Name of the user (s)……………………………………………………………….
Address of the user (s)……………………………………………………………
Signature of the user (s) (only if this form is on paper) ………………………..
* Delete as appropriate.