Terms & Conditions
of the online store
Art. 1. These General Conditions stipulate the contractual relations between ALVITERA LTD, with National ID No 206629984, with seat and registered address: city of Sofia, p.c. 1766, 251 Okolovrasten Pat St., hereinafter referred to as SUPPLIER, and the client, hereinafter referred to as USER, of the online store https://www.Alvitera.com, hereinafter referred to as Alvitera.
II. INFORMATION ABOUT THE SUPPLIER
Art. 2. The information hereunder is provided to the User in compliance with the regulations of the Electronic Commerce Act and the Consumer Protection Act, namely:
2.1 Supplier’s name: ALVITERA LTD.
2.2 Seat and registered address: Bulgaria, Sofia Municipality, city of Sofia, p.c. 1766, 251 Okolovrasten Pat St.
2.3 Address of business activities: city of Sofia, p.c. 1766, 251 Okolovrasten Pat St.
2.4 Correspondence address: city of Sofia, p.c. 1766, 251 Okolovrasten Pat St., e-mail: info@Alvitera.com , telephone: 0894481312
2.5 Registration in public registers: Commercial Register with the Registry Agency, Unified ID Code 206629984
2.7 Registration under the Value Added Tax Act: identification No BG206629984
2.8 Supervisory authorities:
2.8.1 Commission for Personal Data Protection
Address: city of Sofia, p.c. 1592, 2 Prof. Tsvetan Lazarov St., tel. 02/91-53-519; fax 02/91-53-525, e-mail: firstname.lastname@example.org, website: www.cpdp.bg
2.8.2 Commission for Consumer Protection
Address: city of Sofia, p.c. 1000, 1 Vrabcha St., Fl. 3, 4, and 5, tel. 02/933 0565, fax: 02/9884218, consumer phone: 0700 111 22,
e-mail: email@example.com; website: www.kzp.bg
III. CHARACTERISTICS OF THE ONLINE STORE
Art. 3. The Alvitera online store is an e-commerce platform accessible online at the following address: https://www.Alvitera.com. The user has access to the following features through that platform:
1. To register and create a profile for browsing the Supplier’s online store. Registration is not mandatory. The user can also use the platform as guests (without registration);
2. To review the goods, their characteristics, price, and delivery conditions;
3. To conclude with the Supplier remote contracts for purchase and sale of the goods offered at the platform;
4. To receive information about new goods offered by the Supplier on the platform;
5. To be notified of their rights under the law, mostly through the platform’s internet interface;
6. To exercise their right of withdrawal under the Consumer Protection Act, when applicable.
Art. 4. The Supplier in the platform shall observe the User’s rights in accordance with the relevant consumer and/or commercial legislation.
Art. 5. (1) The User shall conclude with the Supplier a remote contract for the purchase and sale of goods from the Alvitera online store accessible at the address https://www.Alvitera.com. Each contract shall be concluded in the Bulgarian language and stored in the Supplier’s database on the platform.
(2) Under the remote contract concluded with the User the Supplier undertakes to transfer to the User ownership over the goods specified by the User through the interface of the platform. In connection with the concluded remote purchase and sale contract, the Supplier shall organize the delivery of the goods to an address specified by the User by courier.
(3) The User shall pay to the Supplier the sale price of the purchased goods from the platform in accordance with the conditions set forth on the platform and under these General Conditions. The price of each good shall be at the amount announced on the Alvitera platform. The User shall also pay the costs for delivery of the goods by courier in accordance with the agreed conditions upon conclusion of the contract and with the information on the Supplier’s website located at the following address:
Art. 6. (1) The User and the Supplier agree that all communications between them in connection with the conclusion and performance of the purchase and sale contract from the Alvitera platform can be made electronically and through electronic communications within the meaning of the Electronic Documents and Electronic Certification Services Act and the Electronic Commerce Act.
(2) It shall be presumed that the electronic communications by a User of the Alvitera platform have been made by the person specified in the data provided upon registration if the User has entered the respective name and password. If electronic communications have been made by an unregistered user (as a guest to the platform), it shall be presumed that such communications have been made by the person whose data have been specified in the request for an order of goods.
IV. ACCESS TO THE PLATFORM
Art. 7. (1) Each user shall be granted access to the platform in order to request purchasing of goods. The user may shop through the platform as a guest (without registration) or as a registered user in accordance with Para. 2-6 below.
(2) In order to register in the Alvitera platform, the User shall enter a remote access name and password of their choice.
(3) The remote access name and password are to be determined by the User by performing an online registration in the Alvitera platform in accordance with the procedure specified therein.
(4) When the User fills in their details and clicks on the Registration button, they have to declare that they are aware of these General Conditions and the Annexes thereto, they agree with the contents and undertake unconditionally to observe such rules.
(5) The Supplier shall confirm the registration made by the User by sending a message to an electronic address specified by the User. A User account shall be created.
(6) When doing the registration, the User undertakes to provide accurate and up-to-date information. The User undertakes to do timely updates of the data provided upon registration in the event of changes.
V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALE CONTRACT
Art. 8. The User shall use the interface of the www.Alvitera.com webpage in order to conclude remote contracts for the purchase and sale of the goods offered on the Alvitera platform.
Art. 9. (1) The following procedure consists of several steps has to be followed for the conclusion of a contract for the purchase and sale of the goods on the Alvitera platform:
(a) Registration of the User in the Alvitera platform and provision of the necessary details if the User has not been previously registered at the platform (non-mandatory step, it is also possible to shop as a guest);
(b) Access to the Alvitera platform by identification with a name and password (this step is applicable only for users registered under letter a));
If the User wishes to shop at the platform as a guest (without registration), they shall proceed directly to the step under letter c).
(c) Selection of one or more of the goods offered via the Alvitera platform, determination of their size and color (if applicable) and add them to the shopping cart;
(d) Filling in and submitting a request for the purchase of the selected goods in the cart that contains delivery details; two names and a telephone number of a contact person; selection of method and time of payment of the price. The User warrants and represents that all details they have provided through their request completed and sent to the Supplier are correct, full, and accurate as of the date of sending.
(e) The User shall have the right to correct errors in the provided information no later than the time of sending the completed request to the User.
(f) By sending the request, the User accepts and agrees to these General Conditions and the Annexes thereto by pressing the following button:
(2) After the User completes and sends the request, the Supplier shall send to the User notification for registration of the order in the Supplier’s system that does not constitute acceptance, confirmation, or undertaking of an obligation to fulfil the order. Such notification shall be sent by the Supplier electronically (by e-mail) or by telephone.
(3) The Supplier shall process the registered request within 96 hours after sending the notification under Para. (2). After processing the request, the Supplier shall send a full and/or partial confirmation or refusal of the request.
(4) The Supplier has the right not to deliver a part or all of the goods and to refuse entirely the order by the User, by its own discretion, including, but not limited to due to lack of stock or a change in the price of the goods. In all cases, the Supplier shall notify the user of the platform within a reasonable time, by e-mail. In view of the above, the only responsibility of the Supplier shall be to recover the pre-paid amount for goods that have been ordered but will not be delivered, no later than 14 (fourteen) days after the date on which the Supplier has issued a partial confirmation or a refusal for the request.
(5) If the Supplier has notified the User that the Supplier can fulfil an order partially, the User shall send to the Supplier by e-mail their explicit consent for partial delivery.
(6) The remote purchase and sale contract between the Supplier and the User of the platform shall be deemed concluded as of the time of receipt by the User, at their e-mail, of a confirmation by the Supplier that the Supplier is ready to fulfil the order in full. In the cases under Para. 5, the Supplier shall be deemed as obligated under the contract only when the User sends their written consent for partial delivery, from the time of receipt of such consent by the Supplier.
(7) The purchase and sale contract concluded between the Supplier and the User of the platform consists of these General Conditions and the information requested and provided by the User of the platform.
VI. CONTENTS OF THE CONTRACT
Art. 10. (1) The Supplier and the User shall conclude separate contracts for the purchase and sale of the goods requested by the User, even such goods have been selected with one electronic statement and from one goods purchase list.
(2) The Supplier may organize simultaneous and joint delivery of the goods ordered with separate purchase and sale contracts.
(3) The rights of the User in connection with the delivered goods shall be exercised separately for each purchase and sale contract. The exercise of rights in connection with delivered goods shall not affect and shall not be effective for the contracts for the purchase and sale of the other goods. If the User is a consumer within the meaning of the Consumer Protection Act, the exercise of a right of withdrawal from the purchase and sale contract for a given good shall not affect the purchase and sale contracts for the other goods delivered to the User.
Art. 11. When exercising the rights arising out of a purchase and sale contract concluded through the Alvitera platform, the User undertakes to specify clearly and unequivocally the specific contract and the goods in connection with which the User is exercising their rights.
Art. 12. (1) The User may pay the sale price under the separate purchase and sale contracts in one payment by one of the following two means:
(a) by payment on delivery to the courier delivering the goods, at the time of receipt of the delivery;
(b) by wire transfer to the following bank account of the Supplier – IBAN: BG77SOMB91301070344501, BIC: CODE SOMBBGSF, bank: Municipal Bank AD, holder: ALVITERA OOD, grounds for payment: number of the client’s order;
(2) In the event of online payments or payments to a bank, the Supplier shall not bear any responsibility for any costs in connection with fees, commissions, or other additional payments made by the User in connection with the transaction itself, as well as in the cases of currency exchange applied by the bank issuing the User’s card if the currency is different from BGN. The costs related to such payments shall be covered entirely by the User.
(3) The Supplier shall issue an invoice for the value of the purchased goods. In connection with that, the User undertakes to provide full, accurate, and correct details for invoicing when submitting the request for purchasing goods from the platform.
(4) The User agrees to receive the invoice together with the goods, as well as electronically at the e-mail address stated when submitting the request.
(5) The sale price under Para. 1 shall not include costs for delivery of the purchased goods (the value of the courier service). Such costs shall be paid to the courier upon delivery of the goods.
VII. SPECIFIC CLAUSES APPLICABLE TO PERSONS WHO ARE CONSUMERS WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT
Art. 13. The rules under section VII of the General Conditions shall apply only to Users who may be considered consumers within the meaning of the Consumer Protection Act in accordance with the data received upon conclusion of the purchase and sale contract in the Alvitera platform.
Art. 14. (1) The main characteristics of the goods offered by the Supplier in the Alvitera platform have been described in the profile of each item on the platform.
(2) The price of the goods shall be determined by the Supplier at the profile of each item in the Alvitera platform. The price listed on the platform shall include the VAT, but not the delivery costs (the price of the courier service).
(3) The value of the courier and/or transportation costs that have not been included in the price of the goods shall be provided as information to the Users upon conclusion of the purchase and sale contract. The User shall pay the value of the courier delivery service to the courier upon receipt of the goods. You may find more information about the delivery of purchased goods on the Supplier’s website, https://www.Alvitera.com.
(4) Each product on promotion shall be marked with a specific label. There shall be explicit information about the period of the promotion, starting from the day specified on the notification for reduction of prices and valid until the date noted on the label or until the quantities are over.
(5) The methods of payment, delivery, and performance of the contract shall be set forth in these General Conditions and in the information provided to the User in the process of conclusion of the remote purchase and sale contract, as well as in the Alvitera platform.
(6) The information provided to the User under this article shall be current as of the time of its visualization in the Alvitera platform before the conclusion of the purchase and sale contract.
(7) The User agrees that the entire information required by the Consumer Protection Act may be provided through the interface of the Alvitera platform.
Art. 15. (1) The User agrees that the Supplier shall be entitled to receive advance payment under the remote purchase and sale contracts for goods concluded with the User.
(2) The User shall choose by their own discretion whether to pay to the Supplier the price of the goods before or upon their delivery in accordance with these General Conditions.
(3) In the period through which the User may exercise their right of withdrawal from the contract, if such right is applicable, the User shall be prohibited to make an advance payment.
(3) If the value of the User’s order is equal to or exceeds BGN 10,000, the payment may be done only by wire transfer or deposit to the Supplier’s account.
Art. 16. (1) For goods that do not fall within the scope of application of the Consumer Protection Act, the part for remote contracts, and are also not part of the exceptions set forth in Art. 57 of the act, the User shall be entitled, without owing an indemnity or default payment and without providing a reason, to withdraw from the concluded contract within 14 (fourteen) days from the date on which the User or a third party different from the carrier and specified by the User has entered into possession over the goods or, for a contract with which the User has ordered multiple goods in one order, that are to be delivered separately: the date on which the User or a third party different from the carrier and specified by the User has entered into possession over the last of the goods.
(2) If the Supplier has failed to fulfil its obligations to provide to the User information about their right of withdrawal in accordance with the Consumer Protection Act, the User who can be qualified as a consumer shall have the right to withdraw from the concluded contract within a period of one year and 14 days as of the date under Para. 1. If the information has been provided to the User within 1 year from the date under Para. 1, the User shall be entitled to withdraw from the contract within 14 days from the date of provision of the information.
(3) The User undertakes to store the goods received from the Supplier and to ensure the preservation of their quality and safety during the period in which they can exercise their right of withdrawal.
(4) Goods that are being returned have to be accompanied by a cash receipt or an invoice, shall have a proper commercial appearance (without damage on the packaging, no removed labels, no missing parts, etc.), with the original labels and package, without dirt and/or traces of cosmetics.
(5) Unpackaged goods that are socks, bathing suits, or underwear shall be considered completely amortized and shall not be subject to return and replacement.
(6) The User may exercise their right of withdrawal from the contract with the Supplier by sending a written statement to the Supplier using the standard form for withdrawal from the contract, Annex No 1 to these General Conditions, which is accessible at: https://Alvitera.com/index.php?route=information/information&information_id=5 You can find information about exercising your right of withdrawal in Annex No 2 to these General Conditions, which is accessible at: https://www.alvitera.com.
(7) The right of withdrawal from the contract shall not be applicable in the following cases:
(a) for delivery of goods custom-made by order of the User or in accordance with the User’s requirements;
(b) for delivery of sealed goods that have been unsealed after their delivery and cannot be returned for reasons related to hygiene or health protection.
Art. 17. (1) If the User has exercised their right of withdrawal from the remote contract or from the contract concluded outside of the store, the Supplier shall reimburse all amounts received from the User, including the delivery costs, unless the User has expressly selected a goods delivery method different from the cheapest type of standard delivery offered by the Supplier. The Supplier shall not be obligated to reimburse additional costs for the delivery of the goods.
(2) When exercising the right of withdrawal, the costs for the return of the delivered goods shall be owed by the User. The User shall return the goods to the Supplier’s address, namely: Bulgaria, Sofia Municipality, city of Sofia, p.c. 1766, 251 Okolovrasten Pat St. If the User does not organize the return of the goods on their own and at their own expense, the Supplier shall deduct the costs for the return of the goods from the amounts to be reimbursed under Para. 1.
(3) The Supplier shall reimburse the amounts under Para. 1 no later than 14 (fourteen) days after the date on which it was notified about the User’s decision to withdraw from the contract. The Supplier shall do the reimbursement using the same payment method that was used by the User at the initial transaction unless the User explicitly agrees to another method; in all cases, the reimbursement shall not cause any costs for the User.
(4) If the Supplier has not offered to recover the goods on its own, it may delay the reimbursement of the amounts for the User until it receives the goods or until the User provides proof that they have sent the goods back, whichever event occurs first.
Art. 18. (1) The period for delivery of the goods has been set forth herein. The User may find information about the deliveries on the Supplier’s website, as follows:
(2) If the Supplier cannot fulfil the contract due to a lack of the ordered goods, the Supplier shall notify the User and reimburse all prepaid amounts (if applicable).
VIII. SPECIFIC CLAUSES APPLICABLE TO PERSONS WHO ARE CONSUMERS WITHIN THE MEANING OF THE PROVISION OF DIGITAL CONTENT AND DIGITAL SERVICES AND SALE OF GOODS ACT
Art. 19. The rules under this section VIII of the General Conditions shall apply only to Users who may be considered consumers within the meaning of the Provision of Digital Content and Digital Services and Sale of Goods Act (PDCDSSGA) in accordance with the data received upon conclusion of the purchase and sale contract in the Alvitera platform.
Art. 20. (1) If the goods do not conform to the individual requirements for conformity with the contract and/or the objective requirements for conformity, the consumer shall have the right:
1. to submit a claim and to request from the seller to bring the product into conformity;
2. to receive a proportional reduction of the price;
3. to cancel the contract.
(2) The consumer shall exercise their rights under Art. 33 PDCDSSGA on the remedies in the event of non-conformity, in accordance with the rules and procedures set forth by the act.
Art. 21. (1) The consumer shall have the right to send a claim for each instance of non-conformity of the product with the contract if such non-conformity with the sale contract is discovered after delivery.
(2) The consumer shall have the right to send a claim for the product regardless of whether the manufacturer or trader has provided a commercial warranty for the product or service. The User shall not have the right to a claim if the non-conformity is caused by ordinary wear and tear of the product.
(3) The repair or replacement of the product shall be carried out free of charge within one month from the date on which the User notifies the Supplier about the non-conformity and without causing significant inconvenience for the consumer, having in mind the nature of the product and the purpose for which it was necessary to the consumer.
(4) If the non-conformity is to be remedied by repair or replacement of the product, the consumer shall provide the product to the Supplier. In the event of replacement of the product, the Supplier shall take back the replaced goods from the consumer at its own cost.
(5) Unpackaged goods that are socks, bathing suits, or underwear shall be considered completely amortized and shall not be subject to return and replacement.
(6) The goods shall have a proper commercial appearance (without damage on the packaging, no removed labels, no missing parts, etc.), with the original labels and package, without dirt and/or traces of cosmetics.
(7) The consumer shall not owe a payment for the standard use of the replaced product in the time before its replacement.
(8) If the claim is settled by replacement of the product with another product that is in conformity with the contract, ALVITERA LTD shall keep the initial warranty conditions for the consumer.
(9) The claim shall be submitted orally or in writing and shall be accepted at the Supplier’s website, at the Supplier’s registered address or in any of the Supplier’s stores in the country where it is conducting similar business activities to the activities of the website through which the product has been purchased. The right of selection of the place for submission of the claim belongs entirely to the consumer.
(10) When submitting a claim, the consumer shall specify the subject of the claim, the preferred way of settlement of the claim, the claim amount, and an address, telephone, and e-mail for contacts.
(11) When submitting a claim, the consumer must attach the documents on which the claim is based, namely:
1. a cash receipt or an invoice;
2. protocols, deeds, or other documents that establish the non-conformity of the product or service with the contract;
3. other documents that establish the grounds and amount of the claim.
(12) A claim for a consumer product may be filed within up to two years after delivery of the product.
(13) The period under Para. 12 shall stop expiring during the time needed to bring the product into conformity.
(14) If ALVITERA LTD has granted a commercial warranty for a product and the warranty period is longer than the periods for submission of the claim under Para. 1, the claim may be submitted until the expiry of the commercial warranty period.
(15) The submission of a claim does not prevent filing other claims.
(16) ALVITERA LTD shall keep a register of all submitted claims. The consumer shall receive a document at the e-mail set forth by them which also specifies the number of the claim from the register and the type of the product.
(17) When ALVITERA LTD satisfies a claim, it shall issue the respective deed that shall be drafted in two counterparts one of which must be provided to the consumer.
Art. 22. In the event of non-conformity of the product where the User chooses to receive a price reduction, such reduction shall be proportional to the difference between the value of the product received by the consumer and the value that the product would have had if the non-conformity had not been present.
Art. 23. (1) The consumer shall exercise their right to cancel the contract under Art. 33, Para. 4 of the PDCDSSGA by sending a request to the Supplier where they notify the Supplier about their decision to cancel the sale contract.
(2) If the consumer cancels the sale contract fully or partially, only for some of the goods delivered in accordance with the sale contract, the consumer shall return such goods to the Supplier without undue delay and no later than 14 days after the date on which the consumer has notified the Supplier about their decision to cancel the sale contract.
(3) The deadline under Para. 2 shall be considered to be complied with if the consumer has returned or sent the goods back to the seller before the expiry of the 14-day period. All costs for the return of the goods in the event of cancellation of the contract by the consumer, by the Supplier’s fault, including for transportation of the goods, shall be covered by the Supplier.
(4) The Supplier shall reimburse the consumer for the paid price of the product after its receipt or upon submission of proof that the product has been sent to the Supplier. The Supplier shall do the reimbursement using the same payment method that was used by the consumer at the initial transaction unless the consumer explicitly agrees to another method, which shall not cause any costs for the consumer.
Art. 24. Consumers shall have the warranty periods set forth in the Provision of Digital Content and Digital Services and Sale of Goods Act. All goods shall have a commercial warranty for the period set forth by the law for the respective types of goods.
IX. DELIVERY OF GOODS PURCHASED FROM THE PLATFORM
Art. 25. (1) The Supplier shall organize the delivery and handover of the product to the User via a courier company at an address specified by the User or to an office of the courier company, depending on the User’s choice. Deliveries shall be made in the Republic of Bulgaria and the European Union.
(2) The delivery period after the Supplier confirms an order shall be within 2 to 14 workdays.
(3) If the Supplier fails to organize delivery within the deadline specified in Para. 2, the Supplier must notify the User in advance.
(4) The User shall be considered notified that they have no right to any indemnity from the Supplier if the delivery period set forth herein has not been met for reasons dependent on the courier performing the delivery.
(5) If the User cannot be found within the delivery period at the address specified by them or if the goods have not been picked up by the User within the maximum period for receipt of a courier package in accordance with the conditions of the courier company, the Contract shall be automatically terminated.
(6) If it is impossible to hand over the package, not by the User or the courier’s fault, the goods shall be returned to the Supplier, the Supplier shall not owe any indemnity or compensation to the User, and the purchase and sale contract shall be considered terminated.
(7) The Supplier/courier shall not be responsible for failure to perform an order if the buyer has provided incorrect, incomplete, and/or imprecise personal details, including if they have provided an incomplete, incorrect, or fictitious delivery address.
(8) If the User withdraws from an order whose value has been paid by wire transfer in accordance with Art. 12, Para. 1, letter b), the following procedures shall apply:
(a) If the order is withdrawn before the start of its performance and the goods have not been delivered to a courier, the entire amount for the order shall be reimbursed by the Supplier.
(b) If the User withdraws the order after its performance has started and the goods have been delivered to a courier, 10% of the order amount shall be charged to cover any costs and lost profits for the Supplier, and the remaining amount will be reimbursed.
Art. 26. (1) The User shall review the product at the time of delivery and, if the product is not in conformity with the requirements, immediately notify the Supplier in the Alvitera platform.
(2) If the User fails to notify the Supplier in the Alvitera platform in accordance with Para. 1, the product shall be considered approved as being in conformity with the requirements, with the exception of hidden defects.
Art. 27. If the Supplier in the Alvitera platform is unable to fulfil the contract due to not having the ordered goods, the Supplier must notify the User and if the selected method of payment is payment on delivery, the value of the missing goods shall be deducted from the final price of the order.
(2) If the Supplier in the Alvitera platform is unable to fulfil the contract due to not having the ordered goods, the Supplier must notify the User and if the goods have been paid by wire transfer upon submission of the order, the Supplier shall reimburse the respective amount to a bank account specified by the User.
Art. 28. For any matters not set forth herein, the rules for commercial sales under the Commerce Act, the Consumer Protection Act and the Provision of Digital Content and Digital Services and Sale of Goods Act shall apply.
X. PROTECTION OF PERSONAL DATA
Art. 29. (1) ALVITERA LTD is a personal data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation / GDPR).
(2) The Supplier shall process the personal data of the Users on grounds of Art. 6, Para. 1, Letter (b) of GDPR - processing is necessary for the performance of a contract to which the data subject is party, or on grounds of Art. 6, Para. 1, Letter (a) of GDPR – on grounds of the User’s explicitly given consent.
(4) For the security of the User’s personal data, the Supplier will send the data only to an e-mail address specified by the User at the time of registration in the platform and/or at the time of submission of a request for the purchase of goods through the platform.
(5) The data submitted by the User shall be: for natural persons – name, patronymic, family name (respectively for legal entities – company name and Unified ID Code / BULSTAT), address, e-mail and telephone number, name of the recipient of the order (addresses and telephone numbers), and financial data.
(6) The data and personal information provided by the User shall be used by the Supplier for order management, for delivery of products and services, for payment processing, for communication with the User in connection with orders, products, services, and promotional offers, recommendations of products and services. The Supplier shall also use such data and information to improve the online store and the e-commerce platform in order to avoid or prevent fraud or misconduct that may cause damage to the website, as well as to provide third parties with the opportunity to perform technical maintenance, logistics, and other services for the site.
Art. 30. (1) The Supplier shall have the right at any time to request from the User to identify themselves and to certify the authenticity of any of the circumstances and personal data declared during the registration/submission of a request in the platform.
(2) If a registered user has forgotten or lost their name and password for any reason, the Supplier shall have the right to apply the announced Procedure for lost or forgotten names and passwords that can be accessed at: https://Alvitera.com/index.php?route=account/forgotten > forgotten password
XI. AMENDMENT AND ACCESS TO THE GENERAL CONDITIONS
Art. 31. (1) These General Conditions may be amended unilaterally by the Supplier, and the Supplier shall send appropriate notification thereof to all Users.
(2) The Supplier and the User agree that any supplements and amendments thereof shall be applicable to the User in one of the following cases:
(a) after the User has been explicitly notified by the Supplier in the Alvitera platform and if the User does not state within the provided 14-day period that they reject the conditions; or
(b) after the conditions have been published on the Supplier’s site in the Alvitera platform and if the User does not state within the provided 14-day period that they reject the conditions; or
(c) if the conditions are explicitly accepted by the User on the Supplier’s site https://www.Alvitera.com.
(3) The User agrees that all statements by the Supplier in the Alvitera platform in connection with the amendment of these General Conditions shall be sent to the e-mail address specified by the User upon their registration/submission of a request for the purchase of goods from the platform. The User agrees that the e-mail messages sent in accordance with this article do not have to be signed with an electronic signature in order to be applicable to the User.
Art. 32. The Supplier shall publish these General Conditions at the following address: https://Alvitera.com/index.php?route=information/information&information_id=5, together with all supplements and amendments thereto.
Art. 33. These General Conditions and the contractual relations between the User and the Supplier in the Alvitera platform shall be terminated in the following cases:
(a) if any of the parties to the contract is closed or declared bankrupt;
(b) by mutual written consent between the parties;
(c) if state authorities seize or seal the Supplier’s equipment and goods;
(d) if the User’s registration at Alvitera is erased. In this case, any concluded but not fulfilled purchase and sale contracts shall remain effective and be subject to performance.
Art. 34. The Supplier shall be entitled, in its own discretion and without owing notification or compensation, to unilaterally terminate a contract with the User if the Supplier establishes that the User is using the Alvitera platform in violation of these General Conditions, the legislation of the Republic of Bulgaria, the commonly accepted ethical rules or the commonly accepted rules and practices in electronic trade.
Art. 35. The User undertakes to indemnify and release the Supplier from responsibility in the event of court claims and other claims by third parties (regardless if they are well-grounded or not) and from any costs and expenses (including attorney fees and court expenses) arising out of or in connection with:
(a) a breach of any of the obligations hereunder;
(b) a breach of copyright, rights on intellectual or industrial property;
(c) unlawful transfer to third parties of the rights granted to the User within the duration and in accordance with the conditions of the contract with the Supplier;
(d) incorrect statement about the presence or absence of qualifications as a consumer within the meaning of the Consumer Protection Act.
Art. 36. The Supplier shall not be responsible in the event of force majeure, random occurrences, internet issues, technical or other objective reasons, including rulings of the competent state authorities that prevent the performance of this contract.
Art. 37. (1) The Supplier shall not be responsible for damages caused by the User to third parties.
(2) The Supplier shall not be responsible for material or non-material damages expressed as lost profits or suffered damages caused to the User in the process of using or non-using Alvitera and conclusion of purchase and sale contracts with the Supplier.
(3) The Supplier shall not be responsible for the time during which the platform is not accessible due to events of force majeure or other objective circumstances over which the Supplier has no control.
(4) The Supplier shall not be responsible for damages from comments, opinions, and publications under the products, news, and articles in the Alvitera platform.
(5) The Supplier shall exercise due effort to maintain the accuracy of the information provided in the platform, but shall not guarantee it. Despite that, taking into consideration possible technical errors or omissions in such information, the Supplier clarifies that the images of the goods are for information and orientation purposes only, therefore it is possible that the delivered goods have different colors from such images depending on the technical parameters and the settings of the visualization device employed by the User. The goods on the webpage of the online store do not constitute a legally binding offer but serve as a catalogue that demonstrates and describes the goods.
Art. 38. (1) The Supplier shall not be responsible if the security measures of the technical equipment are breached and that results in a loss of information, dissemination of information, access to information, limited access to information, and other similar consequences.
(2) The Supplier shall not be responsible in the event of conclusion of a contract for purchase and sale, provision of access to information, loss or change of data occurring as a result of false identification by a third party who is presenting as the User if the circumstances make it possible to consider such person to be the User.
Art. 39. (1) The site may contain links to other sites that are owned by third parties. The Supplier is providing such links only for the User’s convenience and gives no guarantee about such sites. From the moment when the User clicks on any of the links, the User becomes subject to the policies and rules of the owner of the respective site. The Supplier’s rules and policies do not apply to such external sites.
(2) The Supplier has no obligation to carry out monitoring, assessment, and control over external sites, content, products, and services and gives no guarantee about them and their authenticity, accuracy, reliability, or lawfulness.
(3) Before using the site of any third party, we recommend that you learn their general conditions, rules, and policies.
(4) ALVITERA LTD bears no responsibility for sites, content, products, services, actions, policies or practices of third parties even if this site is referring you thereto.
XIV. MISCELLANEOUS CONDITIONS
Art. 40. (1) The User and the Supplier in the Alvitera platform undertake to mutually protect their rights and legal interests, as well as to keep their commercial secrets that have been revealed in the process of performance of the contract and these General Conditions.
(2) The User and the Supplier undertake, throughout and after the contractual period, not to make public written or oral correspondence between them. Publishing correspondence in printed and electronic media, internet forums, personal or public websites, etc. may be considered making such information public.
(3) The user shall not be entitled to make public declarations, statements, or other types of public disclosures about their orders through the platform and/or contractual relations with the Supplier without the prior written consent of the Supplier.
(4) The user registered in the platform shall be responsible for the protection of the privacy of their password and account and fully responsible for any actions carried out using their account or password.
Art. 41. In the event of conflict between these General Conditions and stipulations in a dedicated contract between the Supplier and the User in the Alvitera platform, the clauses of the dedicated contract shall apply with priority.
Art. 42. If any of the stipulations hereof becomes void, that shall not cause the entire contract to become void.
Art. 43. (1) The regulations of the Bulgarian law shall apply to any matters not set forth herein that are related to the performance and interpretation of this contract.
(2) In the event of a dispute between the Supplier and the User about their contractual relations, they shall work to resolve the dispute by mutual agreement. If an agreement cannot be reached, the dispute shall be brought to a competent Bulgarian court.
(3) A User who is a consumer within the meaning of the Consumer Protection Act shall be entitled to refer any disputes with the Supplier in connection with the performance of this contract for out-of-court settlement to the online dispute resolution platform (ODR) accessible at: http://ec.europa.eu/odr. If the parties cannot agree for an out-of-court settlement, they may refer the dispute for resolution to the Commission for Consumer Protection or a competent Bulgarian court.
Art. 44. These General Conditions shall enter into effect for all Users on 22 February 2022.
The following policies are an integral part hereof:
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