Terms and Conditions

      1. SUBJECT

      Art. 1. These general terms and conditions are intended to regulate the relations between , UIC , with registered office and management address: Sofia 1000 , hereinafter referred to as the PROVIDER, and the clients, hereinafter referred to as USERS, of the FlexiBag e-commerce platform.

      II. PROVIDER DETAILS

      Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:

      1. Name of the Provider: ""
      2. Registered office and management address: Sofia 1000
      3. Address for exercising the activity and address for sending consumer complaints: Sofia 1000
      4. Registration in public registers: UIC
      5. Supervisory authorities:

      (1) Commission for Personal Data Protection

      Address: Sofia, "Prof. Tsvetan Lazarov" Str. No. 2,

      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, "Slaveykov" Square No. 4A, fl. 3, 4 and 6,

      tel.: 02 / 980 25 24

      fax: 02 / 988 42 18

      hotline: 0700 111 22

      Website: www.kzp.bg

      1. Registration under the Value Added Tax Act

      III. PLATFORM CHARACTERISTICS

      Art. 3. FlexiBag is an e-commerce platform, accessible at the Internet address FlexiBag.bg, through which Users can conclude contracts for the sale and delivery of goods offered by the Provider on the platform, including the following:

      1. To register and create a profile to view the Provider's online store and use additional information services;
      2. To view goods, their characteristics, prices and delivery conditions;
      3. To conclude contracts with the Provider for the sale and delivery of goods offered on the FlexiBag.bg platform;
      4. To make all payments related to the concluded contracts through the FlexiBag.bg platform with electronic payment methods.
      5. To receive information about new goods offered by the Provider on the FlexiBag.bg platform;
      6. To make electronic statements regarding the conclusion or execution of contracts with the Provider on the FlexiBag.bg platform through the interface of the FlexiBag.bg page, accessible on the Internet;
      7. To be informed of their rights arising from the law, primarily through the interface of the FlexiBag.bg platform on the Internet;
      8. To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

      Art. 4. The Provider on the FlexiBag.bg platform organizes the delivery of goods and guarantees the rights of the Users provided by law, within the framework of good faith, criteria and conditions adopted in practice, consumer or commercial law.

      Art. 5. (1) Users conclude a contract for the sale of goods with the Provider on the FlexiBag.bg platform, at the address FlexiBag.bg. The contract is concluded in Bulgarian and is stored in the Provider's database on the platform.

      (2) Under the contract for the sale of goods concluded with the Users, the Provider on the FlexiBag.bg platform undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the platform's interface. Users have the right to correct errors in entering information no later than sending the statement for concluding the contract to the Provider on the FlexiBag.bg platform.

      (3) Users pay the Provider of the FlexiBag.bg platform remuneration for the delivered goods in accordance with the conditions specified on the FlexiBag.bg platform and these general terms and conditions. The remuneration is equal to the price announced on the FlexiBag.bg platform.

      Art. 6. (1) The User and the Provider on the FlexiBag.bg platform agree that all statements between them regarding the conclusion and execution of the sale contract can 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 on the site are made by the persons indicated in the data provided by the User during registration, if the User has entered the corresponding username and password for access.

      1. REGISTRATION FOR USING FlexiBag.bg

      Art. 7. (1) To use FlexiBag.bg for concluding contracts for the sale of goods, the User must enter a chosen username and password for remote access or log in through their Facebook or Google profile, thereby being deemed to have accepted these general terms and conditions.

      (2) The username and password for remote access are determined by the User by performing online registration on the Provider's website on the FlexiBag.bg platform, according to the procedure specified therein. Users can place orders for goods delivery and create a profile from Facebook and Google social networks.

      (3) By filling in their data in the shopping cart and clicking the "Order" button, the User declares that they are familiar with these general terms and conditions, agree with their content, and undertake to unconditionally comply with them.

      (4) The Provider confirms the order placed by the User via email. A User account is created, and a contractual relationship arises between the User and the Provider.

      (5) When performing registration or placing an order, the User undertakes to provide true and up-to-date data. The User undertakes to promptly update the data specified in their registration or order in case of change.

      1. TECHNICAL STEPS FOR CONCLUDING A SALE CONTRACT

      Art. 8. (1) Users primarily use the interface of the Provider's page on the FlexiBag.bg platform to conclude contracts for the sale of goods offered by the providers on the FlexiBag.bg platform.

      (2) In cases of ordering goods without registration by the User, the latter accepts these general terms and conditions at the time of delivery. It is considered that the User has accepted these general terms and conditions by accepting the delivery of the goods.

      Art. 9. Users conclude the contract for the sale of goods on the FlexiBag.bg platform according to the following procedure:

      (1) Logging into the ordering system on the FlexiBag.bg platform.

      (2) Selecting one or more of the goods offered by the Provider on the FlexiBag.bg platform and adding them to a list of goods for purchase.

      (3) Providing the necessary data for the identification of the User as a party to the contract.

      (4) Providing delivery data;

      (5) Choosing the method and moment of payment of the price.

      (6) Order confirmation;

      1. CONTRACT CONTENT

      Art. 10. (1) The Provider and the Users conclude separate contracts for the sale of goods requested by the Users, regardless of whether they are selected with a single electronic statement and from a single list of goods for purchase.

      (2) The Provider can organize the delivery of goods ordered under separate sales contracts together and simultaneously.

      (3) The rights of Users regarding delivered goods are exercised separately for each sales contract. The exercise of rights related to a delivered good does not affect and has no effect on the sales contracts for other goods. If the User is a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the sales contract for a specific good does not affect the sales contracts for other goods delivered to the consumer.

      Art. 11. When exercising the rights under the sales contract, the User is obliged to precisely and unambiguously indicate the contract and the goods to which the rights are exercised.

      Art. 12. The User can pay the price for the individual sales contracts at once when placing the order for the goods or upon their delivery.

      VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO ARE CONSUMERS WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT

      Art. 13. The rules of this Section VII of these General Terms and Conditions apply only to Users for whom, according to the data provided for concluding the sales contract or during registration on FlexiBag.bg, it can be concluded that they are Consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011.

      Art. 14. (1) The main characteristics of the goods offered by the Provider on the FlexiBag.bg platform are specified in the profile of each product on the FlexiBag.bg platform.

      (2) The price of the goods, including all taxes and fees, is determined by the Provider on the FlexiBag.bg platform in the profile of each product on the FlexiBag.bg platform.

      (3) The value of postal or transport costs, not included in the price of the goods, is determined by the Provider on the FlexiBag.bg platform and is provided as information to the Users when selecting the goods for concluding the sales contract;

      (4) Payment, delivery and contract execution methods are determined in these general terms and conditions and the information provided to the User through the mechanisms on the FlexiBag.bg platform.

      (5) The information provided to Users under this article is current at the time of its visualization on the FlexiBag.bg platform before the conclusion of the sales contract.

      (6) Users agree that all information required by the Consumer Protection Act can be provided through the interface of the FlexiBag.bg platform or via email.

      Art. 15. (1) The Consumer agrees that the providers on the FlexiBag.bg platform have the right to accept advance payment for the contracts concluded with the Consumer for the sale of goods and their delivery.

      (2) The Consumer independently chooses whether to pay the Provider on the FlexiBag.bg platform the price for the delivery of the goods before or at the time of their delivery.

      (3) In the event that the value of the Consumer's order is equivalent to or exceeds BGN 15,000, payment shall be made only by transfer or deposit into the Provider's payment account.

      Art. 16. (1) The Consumer has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days, counting from the date of acceptance of the goods by the Provider through the unified withdrawal form available on the Provider's website on the FlexiBag.bg platform at Exercise your rights! and in Appendix No. 1 to these general terms and conditions. Information on exercising the right of withdrawal is available at Exercise your rights! and in Appendix No. 2 to these general terms and conditions.

      (2) The right of withdrawal under par. 1 does not apply in the following cases:

      1. for the delivery of goods made to the consumer's order or according to his individual requirements;
      2. for the delivery of goods which, by their nature, may deteriorate or have a short shelf life;
      3. for the delivery of sealed goods which have been unsealed after their delivery and cannot be returned for reasons related to hygiene or health protection;
      4. for the delivery of goods which, after having been delivered and due to their nature, have been mixed with other goods from which they cannot be separated;
      5. for the delivery of sealed audio or video recordings or sealed computer software which have been unsealed after delivery, including activation codes for software licenses, software features or virtual payment instruments.
      6. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications;

      (3) When the provider on the FlexiBag.bg platform has not fulfilled its obligations to provide information, as defined in the Consumer Protection Act, the Consumer has the right to withdraw from the concluded contract within one year and 14 days, counting from the date of receipt of the goods. When the information is provided to the consumer within the withdrawal period, the period begins to run from the date of its provision. The Consumer has the right to submit the withdrawal statement under this article directly to the Provider using the unified withdrawal form available on the Provider's website on the FlexiBag.bg platform at Appendix No. 1 to these general terms and conditions.

      (4) When the Consumer has exercised their right of withdrawal from a distance contract or off-premises contract, the Provider shall reimburse all sums received from the consumer, including delivery costs, without undue delay and no later than 14 days from the date on which the Provider was informed of the consumer's decision to withdraw from the contract. The Provider shall reimburse the received sums using the same payment method used by the consumer in the initial transaction, unless the consumer has expressly agreed to use another payment method and provided that this does not incur costs for the consumer.

      (5) When exercising the right of withdrawal, the costs for returning the delivered goods are deducted from the amounts to be reimbursed under para. 4, except in cases where the consumer organizes the return of the goods himself and at his own expense. The Provider is not obliged to reimburse the additional costs for the delivery of the goods when the consumer has explicitly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Provider.

      (6) The Consumer undertakes to store the goods received from the Provider on the platform and to ensure the preservation of their quality and safety during the period under para. 1.

      (7) The Consumer may exercise their right of withdrawal from the contract with the Provider by submitting a written statement to the Provider using the standard withdrawal form, available at GENERAL TERMS AND CONDITIONS on the FlexiBag.bg platform and in Appendix No. 1 to these general terms and conditions.

      (8) Where the provider on the FlexiBag.bg platform has not offered to collect the goods themselves, they may withhold reimbursement of the Consumer's payments until they have received the goods back or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.

      (10) Notwithstanding the above hypotheses, the Consumer undertakes to return the goods in a commercial condition that allows their subsequent sale, unless the unpacking of the goods leads to an obvious breach of the commercial condition of the goods, such as, but not limited to, a destructible box, hermetically sealed packaging and other similar cases. In case of damaged commercial condition of the goods, the Provider has the right, at its discretion, to refuse to accept withdrawal from the contract or to charge the Consumer for the costs of restoring the goods to a commercial condition.

      (11) In case of exercising the right of withdrawal under this article, it is considered that the Consumer has also exercised the right of withdrawal regarding the bonus content belonging to the goods.

      Art. 17. (1) The delivery period of the goods is determined for each product separately upon conclusion of the contract with the consumer through the Provider's website on the FlexiBag.bg platform.

      (2) In case the Consumer and the Provider on the FlexiBag.bg platform have not specified a delivery period, the delivery period for the goods is 30 calendar days, starting from the day following the dispatch of the consumer's order to the Provider through the Provider's website on the FlexiBag.bg platform.

      (3) If the Provider on the FlexiBag.bg platform cannot fulfill the contract because they do not have the ordered goods, they are obliged to notify the Consumer and reimburse the amounts paid by them.

      Art. 18. The Provider on the FlexiBag.bg platform undertakes to comply with all requirements established in Bulgarian legislation regarding the labeling, advertising and sale of food supplements.

      VIII. CONTRACT PERFORMANCE

      Art. 19. (1) The Provider on the FlexiBag.bg platform may arrange for the delivery and transfer of the goods to the User by a designated courier within the period specified at the time of concluding the contract.

      (2) If the term under para. 1 is not explicitly agreed upon between the parties when concluding the contract, the Supplier organizes the delivery and handover within a reasonable period.

      Art. 20. (1) The User must inspect the goods at the time of delivery and handover and, if they do not meet the requirements, immediately notify the Supplier on the FlexiBag.bg platform.

      (2) If the User does not notify the Supplier on the FlexiBag.bg platform according to para. 1, the goods are considered approved as conforming to the requirements, except for hidden defects.

      Art. 21. The Supplier on the FlexiBag.bg platform is not obliged to provide the necessary service for the goods.

      Art. 22. For cases not regulated in this section, the rules of commercial sale, as defined in the Commercial Law and the Consumer Protection Act, shall apply.

      1. PERSONAL DATA PROTECTION

      Art. 23. (1) The collection, storage, and processing of personal data are carried out in accordance with the Privacy Policy, which you can access here: Privacy Policy.

      (2) The personal data entered by Users is subject to protection under the Personal Data Protection Act and General Regulation 2016/679, and the Supplier processes it for the purposes and within the terms provided in the Personal Data Privacy Policy.

      (3) By agreeing to the Personal Data Privacy Policy, the User explicitly confirms that they agree for the Supplier to store information or access information stored on the User's end device for the purposes and terms exhaustively provided therein. The User agrees that the Supplier may store information or access information stored on the User's end device on other grounds specified in the Personal Data Privacy Policy.

      (4) The User agrees that the Supplier of the FlexiBag.bg platform has the right to send electronic messages to the User at any time, including newsletters or offers for the purchase of goods, as long as the User is registered in the Supplier's online store on the FlexiBag.bg platform.

      (5) The User agrees that the Supplier of the FlexiBag.bg platform has the right to collect, store, and process data on the User's behavior when using the Supplier's online store on the FlexiBag.bg platform. The User has the right to object to the storage or access to information under paragraph 3 in the ways provided in the Personal Data Privacy Policy.

      Art. 24. (1) At any time, the Supplier on the FlexiBag.bg platform has the right to require the User to identify themselves and to verify the authenticity of any of the circumstances and personal data declared during registration.

      (2) In case the User has for any reason forgotten or lost their username and password, the Supplier of the FlexiBag.bg platform has the right to apply the announced "Procedure for Lost or Forgotten Usernames and Passwords," available at: FlexiBag.bg

      1. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

      Art. 25. (1) These general terms and conditions may be amended by the Supplier of the FlexiBag.bg platform, for which the latter will appropriately notify all registered Users.

      (2) The Supplier on the FlexiBag.bg platform and the User agree that any addition and amendment to these general terms and conditions will be effective for the User in one of the following cases:

      A) after explicit notification by the Supplier on the FlexiBag.bg platform and if the User does not declare within the given 14-day period that they reject them; or

      B) after their publication on the Supplier's website on the FlexiBag.bg platform and if the User does not declare within 14 days of their publication that they reject them;

      C) with explicit acceptance by the User through their profile on the Supplier's website on the FlexiBag.bg platform.

      (3) The User agrees that all statements of the Supplier on the FlexiBag.bg platform, related to the amendment of these general terms and conditions, will be sent to the email address provided by the User during registration. The User agrees that electronic letters sent under this article do not need to be signed with an electronic signature to be effective against them.

      Art. 26. The Supplier publishes these general terms and conditions at {terms_rul} together with all additions and amendments thereto.

      1. TERMINATION

      Art. 27. These general terms and conditions and the User's contract with the Supplier on the FlexiBag.bg platform are terminated in the following cases:

      Art. 28. The Supplier has the right, at its discretion, without notice and without owing compensation, to unilaterally terminate the contract if it determines that the User is using the FlexiBag.bg platform in violation of these general terms and conditions, the legislation of the Republic of Bulgaria, generally accepted moral norms, or generally accepted rules and practices in e-commerce.

      XII. LIABILITY

      Art. 29. The User undertakes to indemnify and hold harmless the suppliers on the FlexiBag.bg platform and the Supplier against lawsuits and other claims by third parties (whether justified or not), for all damages and expenses (including attorney's fees and court costs), arising from or in connection with (1) non-fulfillment of any of the obligations under this contract, (2) infringement of copyright, producer's rights, broadcasting rights or other intellectual or industrial property rights, (3) unlawful transfer to other persons of the rights granted to the User, for the term and under the terms of the contract, and (4) false declaration of the presence or absence of consumer status within the meaning of the Consumer Protection Act.

      Art. 30. The Supplier is not liable in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders from competent state authorities.

      Art. 31. (1) The Supplier is not liable for damages caused by the User to third parties.

      (2) The Supplier is not liable for pecuniary or non-pecuniary damages, expressed in lost profits or sustained damages, caused to the User in the process of using or not using FlexiBag.bg and concluding sales contracts with the Supplier.

      (3) The Supplier is not liable for the period during which the platform was unavailable due to force majeure.

      (4) The Supplier is not liable for damages from comments, opinions, and publications under products, news, and articles on the FlexiBag.bg platform.

      Art. 32. (1) The Supplier is not liable in case of overcoming security measures of technical equipment and subsequent loss of information, dissemination of information, access to information, restriction of access to information, and other similar consequences.

      (2) The Supplier is not liable in case of conclusion of a sales contract, provision of access to information, loss or change of data resulting from false legitimation of a third party presenting themselves as the User, if circumstances suggest that this person is the User.

      XIII. OTHER PROVISIONS

      Art. 33. (1) The User and the Supplier on the FlexiBag.bg platform undertake to mutually protect their rights and legitimate interests, as well as to keep their trade secrets, which became known to them in the process of fulfilling the contract and these general terms and conditions.

      (2) The User and the Supplier undertake, during and after the expiration of the contract period, not to make public written or oral correspondence held between them. Publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc., may be considered public disclosure.

      Art. 34. In case of a conflict between these general terms and conditions and agreements in a special contract between the Supplier on the FlexiBag.bg platform and the User, the clauses of the special contract shall prevail.

      Art. 35. The possible invalidity of any of the provisions of these general terms and conditions shall not lead to the invalidity of the entire contract.

      Art. 36. For matters not regulated in this contract, related to its execution and interpretation, the laws of the Republic of Bulgaria shall apply.

      Art. 37. These general terms and conditions enter into force for all Users of FlexiBag.bg.

      Appendix № 1 - Standard form for exercising the right of withdrawal from the contract

      Standard form for exercising the right of withdrawal from the contract:

       

      (fill in and send this form only if you wish to withdraw from the contract)

       

      – To (, Sofia 1000 , ):

      – I/We* hereby notify that I/we* withdraw from my/our* contract for the purchase of the following goods*/for the provision of the following service*

      – Ordered on*/received on*

      – Name of consumer(s)

      – Address of consumer(s)

      – Signature of consumer(s) (only if this form is on paper)

      – Date

      ------------------------------------------------------

      * Delete as appropriate.

      Appendix № 2 - Information regarding the exercise of the right of withdrawal from the contract

      Information regarding the exercise of the right of withdrawal from the contract

      Standard instructions for withdrawal:

      1. Right of withdrawal from a distance or off-premises contract.
      2. You have the right to withdraw from this contract without giving any reason within 14 days.
      3. 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.
      4. To exercise the right of withdrawal, you must inform us at the contact details provided on FlexiBag.bg of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
      5. You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website FlexiBag.bg. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without undue delay.
      6. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

       

      1. Effects of withdrawal.
      2. 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), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using a bank account specified by you; in any event, you will not incur any fees as a result of such reimbursement.
      3. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
      4. You will have to bear the direct cost of returning the goods. The costs are estimated not to exceed the approximate amount of the delivery or standard courier service.
      5. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.