Terms of service
of the online store YALAMOF.COM
I. SUBJECT Art. 1. These general terms and conditions are intended to regulate the relations between EFREAHOLIC EOOD, UIC: 205856057, with registered office and address of management: 10 Strahil Voyvoda Str., Ruse 7000, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as USERS, of the e-commerce platform yalamof, hereinafter referred to as yalamof.com
II. DATA ABOUT THE SUPPLIER
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
Name of the supplier: EFREAHOLIC EOOD
Registered office and address of management: Ruse 7000, 10 Strahil Voyvoda Str.
Address for exercising the activity and address for submitting complaints by consumers: Gr. Ruse 7000 16A Tserkovna Nezavisimost St.
Correspondence details: e-mail info@yalamof.com, phone 0876 099 061
Public register entry: UIC 205856057
(1) Personal Data Protection Commission
Address: Sofia, 2 Prof. Tsvetan Lazarov St.
Tel.: (02) 940 20 46
Fax: (02) 940 36 40
E-mail: kzld@government.bg, kzld@cpdp.bg
Website: https://www.cpdp.bg
(2) Consumer Protection Commission
Address: 1000 Sofia, 4A Slaveykov Sq., fl. 3, 4 and 6
Tel.: (02) 980 25 24
Fax: (02) 988 42 18
Hotline: 0700 111 22
Website: https://kzp.bg
III. PLATFORM CHARACTERISTICS
Art. 3. yalamof.com is an e-commerce platform, accessible at the Internet address yalamof.com, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier on the platform, including the following:
To register and create a profile to browse the Supplier's e-shop and use the additional services for providing information;
To review the goods, their characteristics, prices and delivery terms;
To conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier on the platform yalamof.com;
To make any payments in connection with the concluded contracts through the yalamof.com platform electronic means of payment.
To receive information about new goods offered by the Supplier on the yalamof.com platform;
To make electronic statements in connection with the conclusion or performance of contracts with the Supplier on the yalamof.com platform through the interface of the yalamof.com page, accessible on the Internet;
To be notified of the rights arising from the law, primarily through the interface of the yalamof.com platform on the Internet;
To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.
Art. 4. The Supplier on the platform yalamof.com organizes the delivery of the goods and guarantees the rights of the Users, provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
Art. 5. (1) The Users conclude with the Supplier on the platform yalamof.com a contract for the purchase and sale of the goods, at the address yalamof.com The contract is concluded in Bulgarian and is stored in the database of the Supplier on the platform.
(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier on the platform yalamof.com obliges to organize the delivery and transfer of ownership to the User of the goods specified by him through the interface on the platform. Users have the right to correct errors in entering information no later than sending the statement for concluding the contract to the Supplier on the platform yalamof.com
(3) Users pay the Supplier on the platform yalamof.com remuneration for the delivered goods in accordance with the terms and conditions set out in the platform yalamof.com and these general terms and conditions. The remuneration is in the amount of the price announced on the platform yalamof.com
Art. 6. (1) The User and the Supplier on the platform yalamof.com agree that all statements between them in connection with the conclusion and performance of the purchase and sale contract may 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 of the site were made by the persons specified in the data provided by the User when registering, if the User has entered the relevant username and password for access.
IV. REGISTRATION FOR USE OF yalamof.com
Art. 7. (1) In order to use yalamof.com to conclude contracts for the purchase and sale of goods, the User must enter a username and password for remote access chosen by him or authenticate himself through his Facebook or Google account, by which he is deemed to have accepted these general terms and conditions.
(2) The username and password for remote access are determined by the User, through and completing an online registration on the Supplier's website on the platform yalamof.com, in accordance with the procedure specified therein. Users have the opportunity to place orders for delivery of goods and a profile on the social networks Facebook and Google.
(3) By filling in their data in the user basket and pressing 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 Supplier confirms the order placed by the User by e-mail. An account is created for the User and contractual relations arise between him and the Supplier.
(5) When registering or ordering, the User undertakes to provide correct and up-to-date data. The User undertakes to promptly update the data specified in his registration or order in the event of any change.
V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALES AGREEMENT
Art. 8. (1) Users primarily use the interface of the Supplier's page on the yalamof.com platform to conclude purchase and sale agreements for the goods offered by the suppliers on the yalamof.com 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. The User is deemed to have accepted these general terms and conditions upon acceptance of the delivery of the goods.
Art. 9. Users conclude the contract for the purchase and sale of goods on the yalamof.com platform according to the following procedure:
(1) Logging into the system for placing orders on the yalamof.com platform
(2) Selecting one or more of the goods offered by the Supplier on the yalamof.com platform and adding them to a list of goods for purchase.
(3) Providing the necessary data for the individualization of the User as a party to the contract.
(4) Providing data for the delivery;
(5) Choosing the method and time of payment of the price.
(6) Confirmation of the order;
VI. CONTENT OF THE CONTRACT
Art. 10. (1) The Supplier and the Users shall conclude separate purchase and sale contracts for the goods ordered by the Users, regardless of whether they are 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 purchase and sale contracts.
(3) The rights of the Users in relation to the delivered goods are exercised separately for each purchase and sale contract. The exercise of rights in relation to a delivered good does not affect and has no effect in relation to the purchase and sale contracts of other goods. In case the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right to withdraw from the purchase and sale contract of a certain good does not affect the purchase and sale contracts of other goods delivered to the consumer.
Art. 11. When exercising the rights under the purchase and sale contract, the User is obliged to specify precisely and unambiguously the contract and the goods in respect of which he exercises the rights.
Art. 12. The User may pay the price for the individual purchase and sale contracts at once when placing the order for the goods or upon their delivery.
VII. SPECIAL CLAUSES APPLYING TO PERSONS WHO HAVE THE CAPACITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION LAW
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 the conclusion of the purchase and sale contract or upon registration at yalamof.com, it 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 of 25 October 2011.
Art. 14. (1) The main characteristics of the goods offered by the Supplier on the platform yalamof.com are defined in the profile of each product on the platform yalamof.com
(2) The price of the goods, including all taxes and fees, is determined by the Supplier on the platform yalamof.com in the profile of each product on the platform yalamof.com
(3) The value of postal or transport costs not included in the price of the goods is determined by the Supplier on the platform yalamof.com and is provided as information to the Users when selecting the goods for concluding the purchase and sale contract;
(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 on the yalamof.com platform
(5) The information provided to the Users under this article is current at the time of its visualization on the yalamof.com platform before the conclusion of the purchase and sale contract.
(6) The Users agree that all information required by the Consumer Protection Act may be provided through the interface of the platform yalamof.com or e-mail.
Art. 15. (1) The User agrees that the suppliers on the platform yalamof.com have the right to accept advance payment for the contracts concluded with the User for the purchase and sale of goods and their delivery.
(2) The User independently chooses whether to pay the Supplier on the platform yalamof.com 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 User's order is equal to or exceeds 10,000 BGN, payment shall be made only by transfer or deposit to the Supplier's payment account.
Art. 16. (1) The consumer has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within 30 days from the date of acceptance of the goods.
(2) The right of withdrawal under para. 1 does not apply in the following cases:
for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
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;
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;
for the delivery of sealed sound recordings or video recordings or sealed computer software which have been unsealed after delivery, including activation codes for software licenses, software functions or virtual means of payment.
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 platform yalamof.com has not fulfilled its obligations to provide information, as set out in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of up to one year and 14 days, counting from the date of receipt of the goods. When the information is provided to the user within the withdrawal period, the same starts to run from the date of its provision. The user has the right to submit the statement of withdrawal under this article directly to the Provider.
(4) When the User has exercised his right to withdraw from the distance contract or the off-premises contract, the Provider shall reimburse all amounts received from the user, including delivery costs, without undue delay and no later than 14 days, counting from the date on which he was notified of the user's decision to withdraw from the contract. The Supplier shall refund the amounts received using the same means of payment used by the consumer in the initial transaction, unless the consumer has expressly agreed to use another means of payment and provided that this does not involve any costs for the consumer.
(5) When exercising the right of withdrawal, the costs of returning the delivered goods shall be deducted from the amounts to be refunded under para. 4, except in cases where the consumer organizes the return of the goods himself and at his own expense. The Supplier shall not be obliged to refund the additional costs of delivering the goods when the consumer has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.
(6) The Consumer shall be obliged to store the goods received from the Supplier on the platform and to ensure the preservation of their quality and safety during the period under para. 1.
(7) The User may exercise his right to withdraw from the contract with the Supplier by sending a written statement to the Supplier.
(8) When the Supplier on the platform yalamof.com has not offered to collect the goods himself, he may withhold payment of the amounts to the User until he receives the goods or until the User provides proof that he has sent the goods back, depending on which of the two occurred earlier.
(10) Irrespective of the above hypotheses, the User undertakes to return the goods in a commercial form that allows their subsequent sale, unless the unpacking of the goods leads to an obvious violation of the commercial form of the goods, such as but not limited to a breakable box, airtight packaging and other similar cases. In the event of a breach of the commercial form of the goods, the Supplier has the right, at its discretion, to refuse to accept withdrawal from the contract or to charge the User the costs of restoring the goods in commercial form.
(11) In the event of exercising the right of withdrawal under this article, it is considered that the User has also exercised the right of withdrawal with respect to the bonus content belonging to the goods.
Art. 17. (1) The delivery time of the goods is determined for each good separately upon conclusion of the contract with the User through the Supplier's website on the platform та yalamof.com
(2) In case the User and the Supplier on the yalamof.com platform have not set a delivery period, the delivery period of the goods is 30 calendar days, starting from the date following the sending of the User's order to the Supplier via the Supplier's website on the yalamof.com platform
(3) If the Supplier on the yalamof.com platform cannot fulfill the contract due to the fact that it does not have the ordered goods, it is obliged to notify the User thereof and refund the amounts paid by him.
Art. 18. The Supplier on the yalamof.com platform obliges 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 on the platform yalamof.com may organize the delivery and handover of the goods to the User by a relevant courier within the period specified at the conclusion of the contract.
(2) If the period under para. 1 is not expressly agreed upon between the parties at the conclusion of the contract, the Supplier shall organize 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 platform yalamof.com
(2) If the User does not notify the Supplier on the platform yalamof.com according to para. 1, the goods shall be deemed to be approved as meeting the requirements, except for hidden defects.
Art. 21. The Supplier on the platform yalamof.com 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 set out in the Commercial Act and the Consumer Protection Act shall apply.
IX. PROTECTION OF PERSONAL DATA
Art. 23. (1) The collection, storage and processing of personal data is carried out in accordance with the Policy of EFREAHOLIC EOOD for personal data confidentiality.
(2) The personal data entered by the Users are subject to protection under the Personal Data Protection Act and the General Regulation 2016/679, as the Supplier processes them for the purposes and within the time limits provided for in the Personal Data Confidentiality Policy.
(3) By agreeing to the Privacy Policy, the User expressly confirms that he/she agrees that the Provider may store information or access information stored on the User's terminal device for the purposes and for the periods fully specified therein. The User agrees that the Provider may store information or access information stored on the User's terminal device for other reasons specified in the Privacy Policy.
(4) The User or the User agrees that the Provider of the platform yalamof.com has the right to send electronic messages to the User or the User at any time, including a newsletter or offers to purchase goods, as long as the User or the User is registered in the Provider's e-shop on the platform yalamof.com
(5) The User or the User agrees that the Provider of the platform yalamof.com has the right to collect, store and process data on the behavior of the User or the User when using the Provider's e-shop on the platform yalamof.com. The User has the right to object to the storage or access to the information under paragraph 3 in the manner provided for in the Personal Data Privacy Policy.
Art. 24. (1) At any time, the Provider on the yalamof.com platform has the right to require the User to identify himself and to verify the authenticity of each of the circumstances and personal data declared during registration.
(2) In the event that for any reason the User has forgotten or lost his/her username and password, the Provider on the yalamof.com platform has the right to apply the announced "Procedure for lost or forgotten usernames and passwords", available at: yalamof.com
X. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 25. (1) These general terms and conditions may be amended by the Provider on the yalamof.com platform, of which the latter will notify all registered Users in an appropriate manner.
(2) The Provider on the platform yalamof.com and the User agree that any additions and amendments to these general terms and conditions will be effective against the User in one of the following cases:
A) after explicit notification by the Provider on the platform yalamof.com and if the User does not declare within the 14-day period provided to him that he rejects them; or
B) after their publication on the Provider's website on the platform yalamof.com and if the User does not declare within 14 days of their publication that he rejects them;
C) with their explicit acceptance by the User through his profile on the website of The Provider on the platform yalamof.com
(3) The User agrees that all statements of the Provider on the platform yalamof.com, in connection with the amendment of these general terms and conditions, will be sent to the email address specified by the User upon registration. The User agrees that emails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.
Art. 26. The Provider publishes these general terms and conditions together with all additions and amendments thereto.
XI. TERMINATION
Art. 27. These general terms and conditions and the User's contract with the Provider on the platform yalamof.com are terminated in the following cases:
upon termination and liquidation or bankruptcy of one of the parties to the contract;
by mutual agreement of the parties in writing;
in the event of objective impossibility of any of the parties to the contract to fulfill its obligations;
in the event of seizure or sealing of the equipment by state authorities;
in the event of deletion of the User's registration on the platform yalamof.com. In this case, the concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;
Art. 28. The Supplier has the right at its discretion, without prior notice and without owing compensation, to unilaterally terminate the contract if it establishes that the User is using the platform yalamof.com in violation of these general terms and conditions, the legislation of the Republic of Bulgaria, generally accepted moral standards or generally accepted rules and practices in electronic commerce.
XII. LIABILITY
Art. 29. The User undertakes to indemnify and hold harmless the providers on the yalamof.com platform and the Provider in the event of legal claims and other claims of third parties (regardless of whether they are justified or not), for all damages and expenses (including attorneys' fees and legal costs) arising from or in connection with (1) failure to fulfill any of the obligations under this contract, (2) violation of copyright, production, broadcasting rights or other rights to intellectual or industrial property, (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 the status of consumer within the meaning of the Consumer Protection Act.
Art. 30. The Provider is not liable in the event of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.
Art. 31. (1) The Provider is not liable for damages caused by the User to third parties.
(2) The Provider is not liable for material or non-material damages, expressed in lost profits or damages suffered by the User in the process of using or not using yalamof.com and concluding purchase and sale contracts with the Provider.
(3) The Provider is not liable for the time during which the platform was not accessible due to force majeure.
(4) The Provider is not liable for damages resulting from comments, opinions and publications under the products, news and articles on the platform yalamof.com
Art. 32. (1) The Provider is not liable in the event of overcoming the security measures of the technical equipment and this results in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
(2) The Provider is not liable in the event of concluding a purchase and sale contract, providing access to information, loss or change of data resulting from false identification of a third party who presents himself as the User, if the circumstances indicate that this person is the User.
XIII. OTHER CONDITIONS
Art. 33. (1) The User and the Provider on the platform yalamof.com obligate themselves to protect each other's rights and legitimate interests, as well as to keep their trade secrets that have become known to them in the process of performing the contract and these general terms and conditions.
(2) The User and the Provider undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence conducted between them. The publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc. may be considered public.
Art. 34. In the event of a conflict between these general terms and conditions and agreements in a special contract between the Provider on the platform yalamof.com 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 result in the invalidity of the entire contract.
Art. 36. For issues not settled in this contract, related to the implementation and interpretation of this contract, the The laws of the Republic of Bulgaria shall apply.
Art. 37. These general terms and conditions shall apply to all Users of yalamof.com
For additional user information, see yalamof.com