GENERAL TERMS and CONDITIONS of the exotica.bg online store

І. SUBJECT

Чл. 1. (1) The present general terms and conditions are intended to regulate the relations between THE BEST TRADE LTD, with VAT NUMBER BG201908296 with registration address city of Plovdiv, district Trakia, bl. 35, entrance A, fl. 3, apartment 8, hereinafter referred to for short as SUPPLIER or PROVIDER, and the customers, hereinafter referred to as USERS, of the exotica.bg e-commerce platform, hereinafter referred to as “exotica.bg”.

ІІ. PROVIDER DATA

Чл. 2. (1) Information according to the Electronic Commerce Act and the Consumer Protection Act regarding the Supplier: Name of the Supplier: “THE BEST TRADE” LTD. Headquarters and address of management: Bulgaria, city of Plovdiv, district Trakia, bl. 35, entrance A, fl. 3, apartment 8. Address for exercising the activity and address for submitting complaints by users: Bulgaria, city of Plovdiv, Trakia district, bl. 35, entrance A, fl. 3, apartment 8. Correspondence data: Bulgaria, city of Plovdiv, district Trakia, bl. 35, entrance A, fl. 3, apartment 8, sales@thebestbg.com, mobile phone: +359882882288. Entry in public registers: EIK 201908296.

Supervisory authorities: Commission for the protection of personal data
Address: Sofia, “Prof. Tsvetan Lazarov” No. 2,
phone: (02) 940 20 46, fax: (02) 940 36 40
е-mail: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
Consumer Protection Commission
Address: Sofia, “Slaveikov” square №4А, floors 3, 4 and 6,
tel.: 02 / 980 25 24, fax: 02 / 988 42 18
hot line: 0700 111 22
Website: www.kzp.bg

III. FEATURES OF THE PLATFORM

Чл. 3. exotica.bg is an e-commerce platform, available at the Internet address https://dev.exotica.bg/, 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:

1. To register and create a profile for viewing the Provider’s electronic store and using the additional services for providing information;
2. To review the goods, their characteristics, prices and terms of delivery;
3. To enter into contracts with the Supplier for the purchase and sale and delivery of the goods offered on the exotica.bg platform;
4. To make any payments in connection with the concluded contracts through the exotica.bg electronic means of payment platform.
5. To receive information about new goods offered by the Supplier on the exotica.bg platform;
6. To make electronic statements in connection with the conclusion or execution of contracts with the Supplier on the exotica.bg platform through the interface of the exotica.bg page available on the Internet;
7. To be notified of the rights arising from the law, primarily through the interface of the exotica.bg platform on the Internet;
8. To exercise their right to opt out, where applicable, under the Consumer Protection Act.

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

Чл. 5. (1) Users conclude a contract for the purchase and sale of goods with the Supplier on the exotica.bg platform, at the address https://dev.exotica.bg/. The contract is concluded in Bulgarian or English and is stored in the Supplier’s database on the platform.

(2) By virtue of the contract concluded with the Users for the purchase and sale of goods, the Supplier on the exotica.bg platform undertakes 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 when entering information no later than submitting the statement to conclude the contract with the Supplier on the exotica.bg platform.

(3) The users pay the Supplier of the exotica.bg platform remuneration for the delivered goods, according to the conditions defined in the exotica.bg platform and these general terms and conditions. The reward is equal to the price announced on the exotica.bg platform.

Чл. 6. (1) The User and the Supplier on the exotica.bg platform agree that all statements between them in connection with the conclusion and execution of the purchase and 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 of the site were made by the persons indicated in the data provided by the User during registration, if the User has entered the corresponding name and password for access.

1. REGISTRATION FOR USE OF EXOTICA.BG

Чл. 7. (1) n order to use exotica.bg for the conclusion of contracts for the purchase and sale of goods, the User should enter a name and password of his choice for remote access, with which he is considered to have accepted these general terms and conditions.

(2) The name and password for remote access are determined by the User, by performing an online registration on the Provider’s website on the exotica.bg platform, in accordance with the procedure specified therein.

(3) When filling in his registration data by pressing the “Register” buttons or by pressing the login button via Facebook or Google, the User must also declare that he is familiar with these general conditions, agrees with their content and undertakes unconditionally abide by them.

(4) The Provider confirms the User’s registration by sending a letter to the email address specified by the User. An account of the User is created and contractual relations arise between him and the Provider.

(5) When registering, the User undertakes to provide correct and up-to-date data. The user undertakes to promptly update the data specified in his registration in the event of a change.

1. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE-SALE AGREEMENT

Чл. 8. Users use the interface of the Supplier’s page on the exotica.bg platform to conclude contracts for the purchase and sale of goods offered by the Supplier.

Чл. 9. Users conclude the contract for the purchase and sale of the goods on the exotica.bg platform according to the following procedure:

1. Registering on the exotica.bg platform and providing the necessary data if the User has not yet registered on the exotica.bg platform;
2. Entering the system for placing orders on the exotica.bg platform by identifying with a name and password or in one of the possible ways (Facebook or Google);
3. Selecting one or more of the goods offered by the Supplier on the exotica.bg platform and adding them to a list of goods for purchase;
4. Provision of delivery data: delivery address; two names, email and phone number of a contact person.
5. Choice of method and moment of payment of the price;
6. Order confirmation.

1. CONTENTS OF THE AGREEMENT

Чл. 10. (1) The Supplier and the Users conclude separate contracts for the purchase and sale of the goods requested by the Users, regardless of the fact that they are selected with one electronic statement and from one list of goods for purchase.

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

(3) The rights of the Users in relation to the delivered goods are exercised separately for each sales contract. The exercise of rights in relation to a delivered good does not affect and has no effect in relation to the contracts for the purchase and sale of the other goods. In the event that the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract for the purchase and sale of certain goods does not affect the contracts for the purchase and sale of the other goods delivered to the user.

(4) The User agrees that with regard to fresh foods and fruits that are sold in bulk, it is possible that there may be a volume difference of up to 10% in the delivered quantity compared to the User’s order. The same applies to goods in vacuum packaging for which there is no exact weight.

(5) The Supplier has the right, at its discretion, to refuse the execution of a User’s order, for which the Supplier notifies the User in an appropriate period, without being obliged to indicate a reason for the refusal.

(6) The supplier fulfills orders that cover the needs of a household. In the case of orders with larger quantities of products, the Supplier has the right to refuse the execution of a User’s order.

Чл. 11. When exercising the rights under the sales contract, the User is obliged to specify precisely and unequivocally the contract and the goods in respect of which he exercises the rights.

Чл. 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 HAVE THE QUALITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT

Чл. 13. The rules of this section VII of these general conditions apply only to Users for whom, according to the data specified for the conclusion of the purchase and sale contract or during the registration at exotica.bg, it can be concluded that they are users within the meaning of the Law for consumer protection, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of October 25, 2011.

Чл. 14. (1) The main characteristics of the goods offered by the Supplier on the exotica.bg platform are defined in the profile of each product on the exotica.bg platform.

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

(3) Each promotional product is marked with a special sign. The duration of promotions is determined by the Supplier for each individual promotion, starting from the day specified in the price reduction announcement and valid until the date specified therein or until quantities are exhausted.

(4) The value of the transport costs, not included in the price of the goods, is determined by the Supplier on the exotica.bg platform and is provided as information to the Users when selecting the goods for concluding the purchase and sale contract.

(5) The methods of payment, delivery and execution of the contract are defined in the present general conditions and the information provided to the User through the mechanisms on the exotica.bg platform.

(6) The information provided to the Users under this article is current at the time of its visualization on the exotica.bg platform before the conclusion of the purchase and sale contract.

(7) Users agree that all information required by the Consumer Protection Act can be provided through the exotica.bg platform interface or e-mail.

Чл. 15. (1) The user agrees that the Supplier on the exotica.bg platform has 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 chooses independently whether to pay the Supplier on the exotica.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 User’s order is equal to or exceeds BGN 10,000, payment is made only by transfer or deposit to the Supplier’s payment account.

Чл. 16. (1) With regard to goods that are not usable and fall within the scope of the Consumer Protection Act in the part of distance contracts, the User has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within a period 14 days, counted from the date of acceptance of the goods by the Supplier through the single contract cancellation form available on the Supplier’s website on the exotica.bg platform in annex 5 to these general conditions. Information on exercising the right of withdrawal is available at annex 6 to these general conditions, in case the original packaging and the integrity of the goods are not violated.

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

1. for the delivery of goods made to the order of the user or according to his individual requirements;
2. for the delivery of goods which, due to their nature, may deteriorate in quality 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 hygiene or health protection reasons;
4. for the delivery of goods which, after being delivered and due to their nature, have been mixed with other goods from which they cannot be separated;
5. for the delivery of sealed sound or video recordings or sealed computer software that have been unsealed after delivery;
6. for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications.

(3) When the supplier on the exotica.bg platform has not fulfilled its obligations to provide information, defined 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, starting from the date of receipt of the goods . When the information is provided to the user within the opt-out period, the same begins to run from the date of its provision. The user has the right to make the opt-out statement under this article directly to the Provider through the single contract opt-out form available on the Provider’s website on the exotica.bg platform at  annex 5 to these general conditions when it concerns goods that are not consumable and fall within the scope of the Consumer Protection Act in the distance contracts part.

(4) When the User has exercised his right to withdraw from the distance contract or the off-premises contract, the Supplier shall refund all sums received by the User, excluding delivery costs, without undue delay and no later than 14 days from the date of which has been notified of the user’s decision to withdraw from the contract. The provider refunds the amounts received using the same means of payment used by the user in the initial transaction, unless the user has expressed his express consent to use another means of payment and provided that this is not associated with costs for the user.

(5) When exercising the right of refusal, the costs of returning the delivered goods are deducted from the refund amounts under para. 4, except in cases where the consumer organizes the return of the goods himself and at his own expense. The supplier has no obligation to reimburse costs for the delivery of the goods.

(6) The User undertakes to store the goods received from the Supplier in the platform and to ensure the preservation of their quality and safety during the period under paragraph 1.

(7) The User can exercise his right to withdraw from the contract with the Provider by making a written statement to the Provider using the standard contract withdrawal form available at  annex 5 to these general conditions.

(8) When the supplier on the exotica.bg platform has not offered to collect the goods himself, he can withhold payment of the sums 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 happened earlier.

Чл. 17. (1) The term of delivery of the goods is determined for each good separately when concluding the contract with the user through the Supplier’s website on the platform exotica.bg.

(2) If the Supplier on the exotica.bg platform cannot fulfill the contract because he does not have the ordered goods, he applies one of his methods published on the exotica.bg platform and according to Art. 22 below, after receiving express consent from the user.

Чл. 18. In the case of concluding a contract for the sale of goods that contain alcohol and when ordering spirits, the User declares that he has reached the age of 18.

VIII. PERFORMANCE OF AGREEMENT

Чл. 19. (1) The supplier fulfills orders on time and at prices in accordance with its supply policy available on the platform exotica.bg.

(2) The supplier on the exotica.bg platform can organize the delivery and handing over of the goods to the User by a relevant courier within the time limit specified at the conclusion of the contract.

(3) If the term under paragraph 1 is not expressly agreed between the parties at the conclusion of the contract, the Supplier organizes the delivery and handover within a reasonable time. If the Supplier fails to organize the delivery within the specified period, the same is obliged to notify the User in advance.

(4) If the User is not present at the specified delivery address:

1. The courier company used by the Supplier makes the delivery at another, convenient time, and the User must additionally pay the value of the delivery fee and all other costs related to the original order, if any;
2. If the User specifies a next day for delivery, the Supplier does not guarantee the excellent quality of the fresh products.

(5) In the case of cancellation of an order by the User, which has been paid through an online payment method, and if the order is canceled before its execution has begun, the entire amount of the order will be refunded by the Supplier.

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

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

Чл. 21. The supplier on the exotica.bg platform is not obliged to provide service for the goods.

Чл. 22. (1) The supplier applies its policy for exchange of goods published on the exotica.bg platform.

(2) In the event that the User, when placing the order, has indicated that he agrees to the replacement of missing products at the discretion of the Supplier, in the event of missing products and the availability of replacement products in the Supplier’s warehouse, he chooses suitable replacement products in terms of type, quality and price and includes them in the user’s order.

(3) If the Supplier on the exotica.bg platform cannot fulfill the contract because he does not have the ordered goods, he is obliged to notify the User of this and in case the cash on delivery payment method is selected, the value of the missing products will be deducted from the final price of the order.

(4) If the Supplier on the exotica.bg platform is unable to fulfill the contract because it does not have the ordered goods, it is obliged to notify the User of this and in the event that the orders are paid online when requesting them, the Supplier offers the User one of the following two options: to provide him with a promo code for a discount for the value of the missing products or to refund him the corresponding amount to a bank account specified by him. In the absence of an explicit statement by the User about the option he has chosen and failure to indicate a bank account, the Supplier provides a promo code for the User to use in the next order.

Чл. 23. (1) For the cases not regulated in this section, the commercial sale rules defined in the Commercial Law, the Food Law and the Consumer Protection Law shall apply.

1. PROTECTION OF PERSONAL DATA

Чл. 24. (1) The document implements the measures for the protection of the user’s personal data of the European Regulation (EC) 2016/679 of the European Parliament and of the Council of April 27, 2016. the protection of natural persons in connection with the processing of personal data and the free movement of such data and for Repeal of Directive 95/46/EO (GDR) and the Law on the Protection of Personal Data. The document processes the personal data of the users in accordance with Art. 6, para. 1, b. “b” of GDRR – the processing is necessary for the performance of the contract, after which the data is obtained or on the basis of Art. 6, para. 1, b. “a” of the GDPR – based on the User’s express consent.

(2) The document has published the information about the personal data it processes and the purposes for which it is used, and all the information required by the General Regulation (EC) 2016 /679 of the European Parliament and the Council of April 27, 2016 on the protection of natural persons in the relationship with the processing of personal data and the immediate free movement of such data and for the repeal of Directive 95/46/EO (GDPR) in the Privacy Policy, which is an integral part of the General Terms and Conditions.

(3) For security reasons for the Users’ personal data, the Supplier on the exotica.bg platform will send the data only to the e-mail address that was specified by the Users at the time of registration.

(4) The supplier on the exotica.bg platform has the right to store data in the end communication device of the User, unless the latter expressly expresses his disagreement to this.

(5) The website processes the user’s personal data for the purposes of direct mapping only for his/her regular use, which he/she can withdraw at any time.

(6) The User acknowledges that the Doctor may send emails and electronic messages regarding the promotion of the product, the acceptance of the functional codes, promotion General notices to the end user and other matters related to the execution of the contract.

Чл. 25. (1) At any moment, the Supplier on the exotica.bg platform has the right to require the User to identify himself and certify the authenticity of each of the circumstances and personal data announced during registration.

(2) In the event that for some reason the User has forgotten or lost their username and password, the provider of the exotica.bg platform has the right to apply the announced “Procedure for lost or forgotten usernames and passwords”, available at: https://www. exotica.bg/ >login > forgot password.

1. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS

Чл. 26. (1) These general terms and conditions may be amended by the provider of the exotica.bg platform, for which the latter will notify all registered Users in an appropriate manner.

(2) The supplier on the exotica.bg platform and the User agree that any addition and amendment to these general terms and conditions will have an effect on the User in one of the following cases:

1. after being expressly notified by the Provider on the exotica.bg platform and if the User does not state within the 14-day period granted to him that he rejects them; or
2. after their publication on the Supplier’s website on the exotica.bg platform and if the User does not state within 14 days of their publication that he rejects them; or
3. with its explicit acceptance by the User through his profile on the Provider’s website on the exotica.bg platform.

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

Чл. 27. The supplier publishes these general conditions at https://dev.exotica.bg/terms together with all additions and amendments to them.

1. TERMINATION

Чл. 28. These general conditions and the User’s contract with the Supplier on the exotica.bg platform are terminated in the following cases:

1. upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
2. by mutual agreement of the parties in writing;
3. in case of objective inability of one of the parties to the contract to fulfill its obligations;
4. when the equipment is seized or sealed by state authorities;
5. in case of deletion of the User’s registration on the exotica.bg platform. In this case, the concluded but unfulfilled sales contracts remain valid and enforceable;

Чл. 29. The Supplier has the right at its discretion, without giving notice and without paying compensation, to unilaterally terminate the contract, in case it finds that the User is using the exotica.bg platform in violation of these general conditions, the legislation of the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practice in electronic commerce.

XII. RESPONSIBILITY

Чл. 30. The User undertakes to indemnify and indemnify the Provider on the exotica.bg platform from legal claims and other claims of third parties (regardless of whether they are justified or not), for all damages and costs (including attorney’s fees and court costs), arising out of or in connection with

(1) failure to fulfill any of the obligations under this contract,

(2) infringement of copyright, production rights, 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) falsely declaring the presence or absence of the status of consumer within the meaning of the Law on Consumer Protection.

Чл. 31. The supplier is not responsible in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of the competent state authorities, which objectively prevent the execution of the contract.

Чл. 32. (1) The Provider is not responsible for damages caused by the User to third parties.

(2) The Supplier is not responsible for property or non-property damages, expressed in lost benefits or suffered damages, caused to the User in the process of using or not using exotica.bg and concluding sales contracts with the Supplier.

(3) The Provider is not responsible for the time during which the platform was unavailable due to force majeure or other objective circumstances over which the Provider has no control.

(4) The supplier is not responsible for damages from comments, opinions and publications under the products, news and articles on the exotica.bg platform.

Чл. 33. (1) The supplier is not responsible in case of overcoming the security measures of the technical equipment and the resulting loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.

(2) The Provider is not responsible in the event of the conclusion of a sales contract, provision of access to information, loss or change of data occurring as a result of false identification of a third party who presents himself as the User, if it can be judged from the circumstances that that person is the User.

XIII. OTHER TERMS

Чл. 34. (1) The User and the Supplier in the exotica.bg platform undertake to protect each other’s rights and legal interests, as well as to protect their trade secrets, which became their knowledge in the process of executing the contract and these general 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 between them. The publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc. can be considered public domain.

Чл. 35. In the event of a conflict between these general terms and conditions and provisions in a special contract between the Provider on the exotica.bg platform and the User, the clauses of the special contract shall take precedence.

Чл. 36. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.

Чл. 37. (1) The laws of the Republic of Bulgaria shall apply to matters not settled in this contract, related to the implementation and interpretation of this contract.

(2) The User has the right to refer all disputes with the Provider regarding the performance of this contract to the out-of-court Alternative Dispute Resolution (ADR) platform available at https://webgate.ec.europa.eu/odr/main/?event= main.home.show. In case of failure to reach an agreement to resolve the dispute out of court, the parties may refer the dispute for resolution by the competent Bulgarian courts and the Commission for Consumer Protection.

Чл. 38. The general conditions were last updated on 20.12.2023