General terms and conditions

GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE PRIMOHOME.EU

I. SUBJECT

Art. 1. These general terms and conditions are intended to regulate the relations between PRIMO HOME EOOD, UIC 205124790, with registered office and address of management Ruse, 3 Dimitar Atanasov Str., Ent. 1, fl. 4, ap. 23, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as USERS, of the e-commerce platform PRIMOHOME.EU, hereinafter referred to as “PRIMOHOME.EU”.

ІІ. SUPPLIER DATA

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

1. Name of the Provider: PRIMO HOME EOOD

2. Headquarters and address of management: Bulgaria, Ruse, 3 Dimitar Atanasov Str., Ent. 1, fl. 4, ap. 23

3. Address for exercising the activity and address for submitting complaints from consumers: Bulgaria, Ruse, 3 Dimitar Atanasov Str., Ent. 1, fl. 4, ap. 23

4. Correspondence data: Bulgaria, Ruse, 3 Dimitar Atanasov Str., Ent. 1, fl. 4, ap. 23. Phone: 00359888661722

5. Entry in public registers: UIC 205124790

6. Supervisory authorities:

(1) Commission for Personal Data Protection

Address: Sofia, “Prof. Tsvetan Lazarov ” № 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, 4A Slaveykov Square, 3rd, 4th and 6th floors,

tel .: 02/980 25 24

fax: 02/988 42 18

hotline: 0700 111 22

Website: www.kzp.bg.

7. Registration under the Value Added Tax Act № BG205124790

III. CHARACTERISTICS OF THE PLATFORM

Art. 3. PRIMOHOME.EU is an e-commerce platform, available at the Internet address http://www.PRIMOHOME.EU through which Users have the opportunity to enter into contracts for sale and delivery of goods offered by the Provider in the platform, including the following:

1. To register and create a profile for viewing the e-shop of the Provider and use the additional services for providing information;

2. To review the goods, their characteristics, prices and delivery conditions;

3. To sign with the Supplier contracts for purchase-sale and delivery of goods offered by the platform PRIMOHOME.EU;

4. To make any payments in connection with the concluded contracts through electronic means of payment  of  the platform PRIMOHOME.EU.

5. To receive information about new goods offered by the Supplier in the PRIMOHOME.EU platform;

6. To make electronic statements in connection with the conclusion or the performance   of contracts with the Provider in the platform PRIMOHOME.EU through the interface of the page of PRIMOHOME.EU, available on the Internet;

7. To be notified of the rights arising from the law, mainly through the interface of the PRIMOHOME.EU platform on the Internet;

8. To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

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

Art. 5. (1) The users conclude with the Provider in the platform PRIMOHOME.EU a contract for purchase and sale of the goods, at the address http://www.primohome.eu. The contract is concluded in English language and is stored in the database of the Provider.

(2) By virtue of the contract concluded with the Users for purchase and sale of goods, the Provider in the platform PRIMOHOME.EU is obliged to organize the delivery and transfer to the User the ownership of the goods specified by him through the interface in the platform. Users have the right to correct errors in entering information no later than sending the statement for concluding the contract to the Provider in the platform PRIMOHOME.EU.

(3) The users pay to the Provider of the platform PRIMOHOME.EU remuneration for the delivered goods according to the conditions, determined in the platform PRIMOHOME.EU and the present general conditions. The remuneration is in the amount of the price announced in the PRIMOHOME.EU platform

Art. 6. (1) The User and the Provider in the platform PRIMOHOME.EU agree that all statements between them in connection with the conclusion and performance of the contract of sale may be made electronically and through electronic statements within the meaning of the Electronic document and electronic signature and art.11 of the Electronic Commerce Act.

(2) It is assumed that the electronic statements made by the Users of the site are made by the persons specified in the data provided by the User when registering, if the User has entered the respective name and password for access.

IV. REGISTRATION FOR USING PRIMOHOME.EU

Art. 7. (1) In order to use PRIMOHOME.EU for concluding contracts for purchase and sale of goods, the User should enter his chosen name and password for remote access, which considers that he has accepted these general conditions.

(2) The name and the password for remote access are determined by the User, by performing online registration on the website of the Provider in the platform PRIMOHOME.EU, according to the procedure indicated in it. Users have the opportunity to place orders for delivery of goods also without a registration.

(3) By filling in his data in the consumer basket and pressing the "PAYMENT" button, the User declares that he is familiar with these general conditions, agrees with their content and undertakes to comply with them unconditionally.

(4) The Provider confirms the order made by the User by e-mail. An account of the User is created and a contractual relationship arises between him and the Provider.

(5) When performing the registration or the order, the User is obliged to provide correct and up-to-date data. The user undertakes to update the data specified in his registration or order in case of change.

V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AGREEMENT

Art. 8. (1) The users mainly use the interface of the Provider's page in the PRIMOHOME.EU platform in order to conclude contracts for purchase and sale of the goods offered by the Supplier.

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

Art. 9. The users conclude the contract for purchase and sale of the goods in the PRIMOHOME.EU platform according to the following procedure:

(1) Logging in to the ordering system in the PRIMOHOME.EU platform.

(2) Selecting one or more of the goods offered by the Supplier in the PRIMOHOME.EU platform and adding them to a list of goods for purchase.

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

(4) Providing the delivery data.

(5) Chosing a payment method and moment to pay the price.

(6) Confirmation of the order.

VI. CONTENT OF THE CONTRACT

Art. 10. (1) The Supplier and the Users shall conclude separate contracts for purchase and sale of the goods, declared by the Users, regardless of the fact that they have been selected with one electronic statement and from one list of goods for purchase.

(2) The supplier may organize together and simultaneously the delivery of the goods ordered with the separate contracts for purchase and sale.

(3) The rights of the Users in connection with the delivered goods shall be exercised separately for each contract for sale. Exercising the right in connection with the delivered goods does not affect and has no effect on the contract for the sale of goods. In case that the User has the status of a consumer in accordance with the Law on Consumer Protection, exercising the right to withdraw from the contract for the sale of certain goods does not affect the contract for  sale of other goods delivered by the Provider. Consumers benefit from a legal guarantee for the accordance of the goods with the contract of sale.  

(4) In case of delivery of goods, which are delivered promotionally together with other goods in a set, the rules for delivery and return of the respective set, as announced in the profile of the goods in the e-shop, shall be applied with priority.

Art. 11. When exercising the rights under the contract of sale, the User is obliged to indicate precisely the contract and the goods in respect of which he exercises the rights.

Art. 12. (1) The User may pay the price for the separate contracts for purchase and sale at once at the moment of placing the order of the goods or on their delivery.

(2) With regard to goods, which are delivered promotionally together with other goods in a set, the price for the set shall refer only in its entirety and shall be inseparable for separate goods from the set.

(3) In case the Supplier accepts return of one product from a set under par. 2, the User has the right to be reimbursed an amount for the returned goods from the set, which is proportional to the ratio between the prices of the goods from the set in the e-shop of the Supplier when they are not offered in a set with each other.

VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE QUALITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT

Art. 13. The rules of the current section VII of these general conditions apply only to Users for whom, according to the data specified for the conclusion of the contract of sale or registration in PRIMOHOME.EU, can be concluded that they are Users within the meaning of the Consumer Protection Act, the Electronic Commerce Act and / or Directive 2011/83 / EC of the European Parliament and of the Council from 25 October 2011.

Art. 14. (1) The main characteristics of the goods offered by the Supplier in the platform PRIMOHOME.EU are defined in the profile of each product in the platform PRIMOHOME.EU.

(2) The price of the goods including all taxes and fees is determined by the Provider in the PRIMOHOME.EU platform in the profile of each product in the PRIMOHOME.EU platform.

(3) The value of postage or transport costs not included in the price of the goods is determined by the Provider in the platform PRIMOHOME.EU and is provided as information to the Users when choosing the goods for concluding the contract of sale;

(4) The methods of payment, delivery and performance of the contract are determined in these general terms and conditions and the information provided to the User through the mechanisms in the platform PRIMOHOME.EU.

(5) The information provided to the Users under this article is up-to-date at the moment of its visualization in the PRIMOHOME.EU platform before the conclusion of the contract of sale.

(6) Users agree that all information required by the Consumer Protection Act may be provided through the interface of the platform PRIMOHOME.EU or by e-mail.

Art. 15. (1) The consumer agrees that the Supplier in the platform PRIMOHOME.EU has the right to accept advance payment for the concluded with the consumer contracts for purchase and sale of goods and their delivery.

(2) The User chooses by himself whether to pay to the Provider the price for delivery of the goods before or at the time of their delivery

(3) In case the value of the order of the User is equivalent or exceeds EUR 5,000, the payment shall be made only by transfer or deposit to the payment account of the Provider.

Art. 16. (1) The consumer has the right, without paying compensation or penalty and without stating a reason, to withdraw from the contract within 14 days from the date of acceptance of the goods by the Supplier through the single form for withdrawal from the contract, available on the website of the Provider in the platform PRIMOHOME.EU at https://www. primohome.eu/terms-and-conditions in Appendix № 1 of these general conditions. Information on exercising the right of withdrawal is available at https://www. primohome.eu/terms-and-conditions in Appendix № 2 of these general conditions.

(2) The right of refusal under paragraph 1 shall not apply in the following cases:

1. for delivery of customized goods, made by order of the consumer or according to his individual requirements;

2. for delivery of goods, which due to their nature may deteriorate their quality or have a short expiration date;

3. for delivery of sealed goods, which are unsealed after their delivery and cannot be returned due to reasons related to hygiene or health protection;

4. for delivery of goods, which after they have been delivered and due to their nature have mixed with other goods, from which they cannot be separated;

5. for delivery of sealed audio recordings or video recordings or sealed computer software, which are printed out after the delivery, including codes for activation of software licenses, functions in software or virtual means of payment.

6. for delivery of newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such editions;

(3) When the provider in the platform PRIMOHOME.EU has not fulfilled its obligations to provide information specified in the Consumer Protection Act, the User has the right to withdraw from the contract within one year and 14 days from the date of receipt of the goods. When the information is provided to the user within the withdrawal period, it begins to run from the date of its provision. The user has the right to send the statement of withdrawal under this article directly to the Provider through the single withdrawal form available on the Provider's website in the PRIMOHOME.EU platform at the address https://www. primohome.eu/terms-and-conditions in the Appendix № 1 of these general conditions.

(4) When the User has exercised his right to withdraw from the distance, the Provider shall refund all amounts received by the consumer, including delivery costs, without undue delay and not later than 14 days from the date on which the consumer's decision to withdraw from the contract was notified.

The refund of the purchase value should be made by a bank transfer. For this purpose, the User should provide his/her bank details to the email of the company office@primohome.eu.

(5) Upon exercising the right of refusal, the costs for return of the delivered goods shall be deducted from the amounts for refund under para. 4, except in the cases when the consumer organizes himself and at his own expense the return of the goods. The Supplier is not obliged to refund the additional costs for 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 Supplier.

(6) The User is obliged to store the goods received by the Provider and to ensure the preservation of their quality and safety during the term under para. 1.

(7) The User may exercise his right to withdraw from the contract with the Provider by sending a written statement to the Provider through the standard form for withdrawal from the contract, available at https://www.primohome.eu/terms-and-conditionsin the platform PRIMOHOME.EU in Annex № 1 to these general conditions.

(8) When the supplier in the PRIMOHOME.EU platform has not offered to collect the goods himself, he may withhold payment of the amounts to the consumer until he receives the goods or until the consumer provides proof that he has sent the goods back, depending on which of the two it happened earlier.

(9) In case of delivery of goods, which are delivered promotionally together with other goods in a set (so-called bundle goods), in the exercise of the right of withdrawal of the User under this article and the requirements of the Consumer Protection Act, to the User should be refunded the reduced amount of the individual price of the goods accordingly, taking into account the ratio of the prices of the goods in the e-shop when they are not bought together (i.e. the ratio between the non-reduced prices of the goods).

(10) Regardless the above hypotheses, the User undertakes to return the goods in a commercial look that allows its subsequent sale, unless the unpacking of the goods leads to a clear violation of the commercial appearance of the goods, such as but not only destructible box, airtight packaging and other similar cases. In case of damaged commercial look of the goods, the Supplier has the right at his assessment to refuse to accept withdrawal from the contract or to charge the User costs for the restoration of the goods in commercial appearance.

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

Art. 17. (1) The term of delivery of the goods is determined for each product separately when concluding the contract with the consumer through the website of the Supplier in the platform PRIMOHOME.EU.

(2) In case the User and the Provider in the PRIMOHOME.EU platform have not set a delivery time, the delivery time of the goods is 14 calendar days from the date following the sending of the user's order to the Provider through the Provider's website in the PRIMOHOME.EU platform.

(3) If the Provider in the platform PRIMOHOME.EU cannot fulfill the contract due to the fact that he does not have the ordered goods in stock, he is obliged to notify the consumer and to refund the amounts paid by him.

Art. 18. The provider in the platform PRIMOHOME.EU undertakes to comply with all requirements established in the Bulgarian legislation regarding the labeling, advertising and sale of food supplements.

VIII. PERFORMANCE OF THE CONTRACT

Art. 19. (1) The Supplier in the platform PRIMOHOME.EU may organize the delivery of the goods to the User by a respective courier within the period specified at the conclusion of the contract.

(2) If the term under par. 1 is not explicitly agreed between the parties at the conclusion of the contract, the Supplier shall organize the delivery within a reasonable time.

Art. 20. (1)The User must inspect the goods at the time of delivery and if it does not meet the requirements the User should immediately notify the Provider in the platform PRIMOHOME.EU.

(2) If the User does not notify the Provider in the platform PRIMOHOME.EU according to para. 1 the goods are considered approved as meeting the requirements, except for hidden defects.

Art. 21. The supplier in the PRIMOHOME.EU platform is not obliged to provide the necessary service for the goods.

Art. 22. For the cases not settled in this section the rules of commercial sale, determined in the Commercial Law and the Consumer Protection Act, shall be applied.

IX. PERSONAL DATA PROTECTION

Art. 23. (1) The Provider in the platform PRIMOHOME.EU takes measures for protection of the personal data of the User according to the Law for protection of the personal data.

(2) For reasons of security of the personal data of the Users, the Provider in the platform PRIMOHOME.EU will send the data only to the e-mail address, which was indicated by the Users at the moment of registration/order.

(3) The Provider in the platform PRIMOHOME.EU has the right to store data in the final communication device of the User, unless the latter explicitly expresses his disagreement.

(4) The User / the Consumer agrees that the Provider of the platform PRIMOHOME.EU has the right to send at any time electronic messages to the User / the Consumer , including a newsletter or offers for purchase of goods, while there is a registration of the User / the Consumer in the electronic Supplier's shop in the PRIMOHOME.EU platform.

(5) The User / the Consumer agrees that the Provider of the platform PRIMOHOME.EU has the right to collect, store and process data on the behavior of the User / the Consumer when using the e-shop of the Provider in the platform PRIMOHOME.EU.

Art. 24. (1) At any time, the Provider in the platform PRIMOHOME.EU has the right to require the User to identify himself and to certify the authenticity of each of the announced during the registration circumstances and personal data.

(2) In case for any reason the User has forgotten or lost his username and password, the Provider of the platform PRIMOHOME.EU has the right to apply the announced "Procedure for lost or forgotten usernames and passwords".

X. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 25. (1) These general terms and conditions may be changed by the Provider of the platform PRIMOHOME.EU, for which the latter will notify in an appropriate manner all registered Users.

(2) The Provider in the platform PRIMOHOME.EU and the User agree that any addition and amendment of these general conditions will have effect on the User in one of the following cases:

A) After an explicit notification by the Provider in the PRIMOHOME.EU platform and if the User does not state within the given 14-day period that he rejects them; or

B) After their publication on the website of the Provider in the platform PRIMOHOME.EU and if the User does not state within 14 days from their publication that he rejects them;

C) With the explicit acceptance by the User through his account on the website of the Provider in the platform PRIMOHOME.EU

(3) The User agrees that all statements of the Provider in the platform PRIMOHOME.EU, in connection with the amendment of these general conditions will be sent to the e-mail address specified by the User during registration/order placing. The user agrees that e-mails sent in accordance with this article do not need to be signed with an electronic signature in order to have effect on him.

Art. 26. The Provider publishes these general conditions at https://www.primohome.bg/ terms-and-conditions together with all additions and changes in them.

XI. TERMINATION

Art. 27. The present general conditions and the contract of the User with the Provider in the platform PRIMOHOME.EU are terminated in the following cases:

• Upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;

• By written mutual consent of the parties;

• In case of objective impossibility of any of the parties to the contract to perform his obligations;

• In case of seizure or sealing of the equipment by public authorities;

• In case of deletion of the User's registration in the PRIMOHOME.EU platform. In this case, the concluded but not executed contracts of sale remain in force and are subject to execution;

Art. 28. The Provider has the right at its discretion, without giving notice and without due compensation to terminate the contract unilaterally, if it finds that the User uses the platform PRIMOHOME.BG in violation of these general conditions, the legislation in the Republic of Bulgaria, generally accepted moral norms. or generally accepted rules and practices in e-commerce.

XII. RESPONSIBILITY

Art. 29. The User undertakes to compensate and release from liability the Provider in case of lawsuits and other claims of third parties (whether justified or not), for all damages and costs, including attorney's fees and legal costs) arising out of or in connection with (1) non-performance of any of the obligations under this contract, (2) infringement of copyright, producer’s, broadcasting rights or other intellectual or industrial property rights, (3) illegal transfer to other persons of the rights granted to the User for the term and under the terms of the contract and (4) incorrect declaration of the presence or absence of the quality of consumer within the meaning of the Consumer Protection Act.

Art. 30. The Provider shall not be liable in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including arrangements of the competent state authorities.

Art. 31. (1) The Provider shall not be liable for damages caused by the User to third parties.

(2) The Provider is not responsible for property or non-property damages, expressed in lost profits or damages caused to the User in the process of using or not using PRIMOHOME.EU and concluding sales contracts with the Provider.

(3) The provider is not responsible for the time during which the platform was not available due to force majeure.

(4) The provider is not responsible for damages from comments, opinions and publications under the products, news and articles in the platform PRIMOHOME.EU.

Art. 32. (1) The provider shall not bear responsibility in case of overcoming the security measures of the technical equipment and if in result of this there is a loss of information, information spreading, access to information, restriction of access to information and other similar consequences.

(2) The Provider is not responsible in case of concluding a contract of sale, providing access to information, loss or change of data occurred as a result of false identification of a third party, which is presented to be the User, if the circumstances may judges that this person is the User.

XIII. OTHER TERMS

Art. 33. (1) The User and the Provider in the platform PRIMOHOME.EU are obliged to mutually protect their rights and legal interests, as well as to keep their trade secrets, which became their property in the process of performance of the contract and these general conditions.

(2) The User and the Provider are obliged during and after the expiration of the contract period not to make public written or oral correspondence conducted between them. The publication of correspondence in print and electronic media, internet forums, personal or public websites, etc. can be considered public.

Art. 34. In case of conflict between these general terms and conditions in a special contract between the Provider in the platform PRIMOHOME.EU and the User, the provisions of the special contract shall apply with priority.

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

Art. 36. The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the implementation and interpretation of this contract.

Art. 37. These general terms and conditions enter into force for all Users on 01.08.2020.

 

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

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)

- To PRIMO HOME EOOD, UIC 205124790, with registered office and address of management: Ruse, Dimitar Atanasov 3, floor 4, apartment 2 – I/we*hereby notify that  I refuse /we refuse * from the contract concluded by me / us * for the purchase of the following goods * / for the provision of the following service *

- 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)

- Date

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* Strike out what does not apply.

 

 

Annex № 2 - Information on exercising the right of withdrawal

Information on exercising the right of withdrawal from the contract

Standard instructions for cancellation:

I. You have the right to withdraw from the contract at a distance.

II. You have the right to withdraw from this contract without giving reasons within 14 days.

III. The withdrawal period is 14 days from the date on which you or a third party other than the carrier and specified by you, have started the possession of the goods.

In order to exercise your right of withdrawal, you must notify us about your decision to withdraw from the contract on the contact details provided on PRIMOHOME.EU and with an unambiguous application (eg a letter sent by post, fax or e-mail).

You can use the standard withdrawal form provided, but this is not required. You can also fill in and submit electronically the standard withdrawal form or other unambiguous application for withdrawal on our website PRIMOHOME.EU. If you use this option, we will immediately send you a confirmation message (for example, by e-mail).

In order to comply with the withdrawal period, it is sufficient to send your notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

IV. Refusal effect.

If you cancel this contract, we will refund all payments we have received from you, including shipping costs (except for additional costs associated with your chosen shipping method other than the cheapest standard shipping method, offered by us), without undue delay and in any case not later than 14 days from the date, on which you inform us of your decision to withdraw from this contract. We will make the refund to the bank account specified by you; in any case, this refund will not be at any cost to you.

We have the right to defer refunds until we receive the goods back or until you provide us with proof that you have sent the goods back, whichever comes first.

You must bear the direct cost of returning the goods. The cost is not expected to exceed approximately the amount for delivery or standard courier service.

You are solely responsible for reducing the value of the goods as a result of testing them, other than what is necessary to establish their nature, characteristics and proper functioning.

Additional user information can be found at www.PRIMOHOME.EU