Terms & Conditions
GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE
Subject
Art. 1. These general terms and conditions are intended to regulate the relations between "ProUniTex" Ltd., UIC 205839232, with registered office and management address: Vratsa 3000, 1 Kliment Ohridski Str., hereinafter referred to as the SUPPLIER, and the clients, hereinafter referred to as USERS, of the e-commerce platform Online Store of ProUniTex, hereinafter referred to as "kali.bg".
II. SUPPLIER'S DETAILS
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
- Supplier Name: "ProUniTex" Ltd.
- Registered office and management address: Vratsa 3000, 1 Kliment Ohridski Str.
- Business address and address for sending complaints from users: Vratsa 3000, 1 Kliment Ohridski Str.
- Correspondence details: office@kali-uniforms.com, phone +359 92 62 22 19
- Registration in public registers: UIC 205839232
- Supervisory authorities:
(1) Commission for Personal Data Protection
Address: Sofia, 2 Prof. Tsvetan Lazarov Str.,
Tel .: (02) 940 20 46
Fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Commission for Consumer Protection
Address: 1000 Sofia, Slavykov Square №4A, fl. 3, 4, and 6,
Tel .: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg
Registration under the Value Added Tax Act 205839232
III. PLATFORM CHARACTERISTICS
Art. 3. The ProUniTex Online Store is an e-commerce platform accessible at the Internet address kali.bg, through which Users have the opportunity to conclude contracts for the purchase, sale, and delivery of goods offered by the Supplier on the kali.bg platform, including:
- Register and create a profile to browse the Supplier's online store and use additional services to provide information;
- Browse the goods, their characteristics, prices, and delivery terms;
- Conclude with the Supplier contracts for the purchase, sale, and delivery of the goods offered on the kali.bg platform;
- Make any payments related to the concluded contracts through the kali.bg platform's electronic payment methods.
- Receive information about new goods offered by the Supplier on the kali.bg platform;
- Make electronic statements regarding the conclusion or performance of contracts with the Supplier on the kali.bg platform through the interface of the kali.bg page accessible on the Internet;
- Be informed about their rights arising from the law, mainly through the interface of the kali.bg platform on the Internet;
- Exercise their right of withdrawal, where applicable, under the Consumer Protection Act.
Art. 4. The Supplier on the kali.bg platform organizes the delivery of goods and ensures the rights of Users as provided by law, within the framework of good faith, practices adopted, consumer or commercial law criteria, and conditions.
Art. 5. (1) Users conclude with the Supplier on the kali.bg platform a contract for the purchase and sale of goods, at the address kali.bg. The contract is concluded in Bulgarian and is stored in the Supplier's database on the platform.
(2) Under the concluded contracts for the purchase and sale of goods, the Supplier on the kali.bg platform undertakes to organize the delivery and transfer of ownership of the goods specified by the User through the platform's interface. Users have the right to correct errors in entering information no later than submitting the statement for the conclusion of the contract to the Supplier on the kali.bg platform.
(3) Users pay the Supplier on the kali.bg platform remuneration for the delivered goods according to the conditions determined on the kali.bg platform and these general terms. The remuneration is in the amount of the price announced on the kali.bg platform.
Art. 6. (1) The User and the Supplier on the kali.bg platform agree that all statements between them regarding the conclusion and performance of the contract for the purchase and sale 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 presumed that the electronic statements made by Users on the site are made by the persons indicated in the data provided by the User upon registration if the User has entered the corresponding username and password.
REGISTRATION FOR USING kali.bg
Art. 7. (1) In order to use kali.bg to conclude contracts for the purchase and sale of goods, the User must enter a chosen username and password for remote access or authenticate through their profile on Facebook or Google, thereby accepting these general terms.
(2) The username and password for remote access are determined by the User by online registration on the Supplier's website on the kali.bg platform, according to the specified procedure. Users have the option to place orders for delivery of goods and create a profile from the Facebook and Google social networks.
(3) By filling in their details in the user basket and clicking the "Order" button, the User declares that they are familiar with these general terms, agree to their content, and unconditionally undertake to comply with them.
(4) The Supplier confirms the User's order by email. An account is created for the User, and contractual relations arise between the User and the Supplier.
(5) When registering or placing an order, the User undertakes to provide accurate and up-to-date information. The User undertakes to promptly update the information provided in their registration or order in case of any changes.
1. TECHNICAL STEPS FOR CONCLUDING A PURCHASE-SALE AGREEMENT
Art. 8. (1) Users primarily use the interface of the Supplier's page on the kali.bg platform to conclude purchase-sale agreements for the goods offered by suppliers on the kali.bg platform.
(2) In cases of ordering goods without registration by the User, the latter accepts these general terms at the time of delivery. It is considered that the User has accepted these general terms upon accepting the delivery of the goods.
Art. 9. Users conclude the purchase-sale agreement for the goods on the kali.bg platform according to the following procedure:
(1) Logging into the order processing system on the kali.bg platform
(2) Selecting one or more of the goods offered by the Supplier on the kali.bg platform and adding them to the shopping list.
(3) Providing the necessary data to identify the User as a party to the contract.
(4) Providing data for delivery;
(5) Choosing the method and time of payment for the price.
(6) Order confirmation;
II. CONTENT OF THE AGREEMENT
Art. 10. (1) The Supplier and the Users conclude separate purchase-sale agreements for the goods requested by the Users, even if they are selected with a single electronic statement and from a single shopping list.
(2) The Supplier may organize the delivery of the goods ordered under separate purchase-sale agreements together and simultaneously.
(3) The rights of Users regarding the delivered goods are exercised separately for each purchase-sale agreement. The exercise of rights regarding a delivered product does not affect or have any effect on the purchase-sale agreements for other goods. If the User qualifies as a consumer within the meaning of the Consumer Protection Act, exercising the right of withdrawal from the purchase-sale agreement for a specific product does not affect the purchase-sale agreements for other goods delivered to the consumer.
Art. 11. When exercising rights under the purchase-sale agreement, the User is obliged to specify clearly and unambiguously the agreement and the product to which the rights are exercised.
Art. 12. The User may pay the price for the separate purchase-sale agreements either at once when placing the order for the goods or upon their delivery.
VII. SPECIAL CLAUSES APPLICABLE TO CONSUMERS WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT
Art. 13. The rules of this Section VII of these general terms apply solely to Users for whom, based on the data provided for concluding the purchase-sale agreement or registration on kali-uniforms.com, it can be inferred that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act, and/or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011.
Art. 14. (1) The main characteristics of the goods offered by the Supplier on the kali.bg platform are specified in the profile of each product on the kali.bg platform.
(2) The price of the goods, including all taxes and fees, is determined by the Supplier on the kali.bg platform in the profile of each product on the kali.bg platform.
(3) The value of postage or transportation costs not included in the price of the goods is determined by the Supplier on the kali.bg platform and provided as information to the Users when selecting the goods for concluding the purchase-sale agreement;
(4) The methods of payment, delivery, and performance of the agreement are determined in these general terms and the information provided to the Users through the mechanisms on the kali.bg platform.
(5) The information provided to the Users under this article is current at the time of its visualization on the kali.bg platform before concluding the purchase-sale agreement.
(6) Users agree that all information required by the Consumer Protection Act may be provided through the interface of the kali.bg platform or by email.
Art. 15. (1) The User agrees that suppliers on the kali.bg platform have the right to accept advance payment for the purchase-sale agreements concluded with the User for goods and their delivery.
(2) The User independently chooses whether to pay the Supplier on the kali.bg platform the delivery cost of the goods before or at the time of their delivery.
(3) If the value of the User's order is equal to or exceeds 200 BGN, payment is made only by bank transfer or deposit to the Supplier's bank account.
Чл. 16. (1) The User has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within a period of 14 days, counted from the date of receiving the goods from the Supplier through the unified withdrawal form available on the Supplier's website on the kali.bg platform at the address "Exercise your rights!" and in "Appendix No. 1" to these general terms. Information on exercising the right of withdrawal is available at "Exercise your rights!" and in "Appendix No. 2" to these general terms.
(2) The right of withdrawal under para. 1 does not apply in the following cases:
- for the supply of goods made to the User's specifications or clearly personalized;
- for the supply of goods which are liable to deteriorate or expire rapidly;
- for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
- for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
- for the supply of newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications;
(3) When the Supplier on the kali.bg platform has not fulfilled its obligations to provide information as required by the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of one year and 14 days, counted from the date of receiving the goods. When the information is provided to the User within the withdrawal period, it begins to run from the date of its provision. The User has the right to submit the withdrawal statement under this article directly to the Supplier through the unified withdrawal form available on the Supplier's website on the kali.bg platform at the address "Appendix No. 1" to these general terms.
(4) When the User has exercised their right of withdrawal from a distance contract or off-premises contract, the Supplier reimburses the sums received from the User for the goods without undue delay and in any event not later than 14 days from the date on which the Supplier is informed of the User's decision to withdraw from the contract. The Supplier refunds the received sums only by bank transfer, provided that this is not associated with costs for the User.
(5) When exercising the right of withdrawal, the costs of returning the delivered goods are borne by the User. The Supplier is not obliged to reimburse additional delivery costs.
(6) The User is obliged to keep the goods received from the Supplier on the kali.bg platform and ensure their preservation of quality and safety during the period under para. 1.
(7) The User may exercise their right of withdrawal from the contract with the Supplier by submitting a written statement to the Supplier through the standard withdrawal form, available at the address kali.bg/index.php?route=account/return/add on the kali.bg platform and in "Appendix No. 1" to these general terms.
(8) When the Supplier on the kali.bg platform has not offered to collect the goods themselves, they may withhold reimbursement until they have received the goods back or until the User has supplied evidence of having sent back the goods, whichever is the earliest.
(10) Regardless of the above hypotheses, the User is obliged to return the goods in a commercial appearance that allows for their subsequent sale, unless unpacking the goods leads to an obvious violation of their commercial appearance, such as but not limited to damaged packaging, hermetic packaging, and other similar cases. In case of a violated commercial appearance of the goods, the Supplier has the right, at their discretion, to refuse to accept the withdrawal from the contract or to charge the User with the costs of restoring the goods to a commercial appearance.
(11) In case of exercising the right of withdrawal under this article, it is considered that the User has also exercised the right of withdrawal with respect to any bonus content belonging to the goods.
Art. 17. (1) The delivery period of the goods is determined separately for each product upon concluding the contract with the User through the Supplier's website on the kali.bg platform
(2) In case the User and the Supplier on the kali.bg platform have not defined a delivery period, the delivery period of the goods is 14 calendar days, counted from the date following the sending of the User's order to the Supplier through the Supplier's website on the kali.bg platform.
(3) If the Supplier on the kali.bg platform cannot fulfill the contract because they do not have the ordered goods, they are obliged to notify the User of this and refund the amounts paid by them.
Art. 18. The Supplier on the kali.bg platform undertakes to comply with all requirements established in Bulgarian legislation regarding labeling, advertising, and sale of food supplements.
Finding a solution to your consumer problem
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=BG
VIII. PERFORMANCE OF THE CONTRACT
Art. 19. (1) The Supplier on the kali.bg platform may organize the delivery and handover of the goods to the User by an appropriate courier within the specified period agreed upon when the contract is concluded.
(2) If the period under para. 1 is not expressly agreed between the parties when the contract is concluded, the Supplier organizes the delivery and handover within a reasonable period.
Art. 20. (1) The User must inspect the goods at the time of delivery and handover, and if they do not meet the requirements, notify the Supplier on the kali.bg platform immediately.
(2) If the User does not notify the Supplier on the kali.bg platform according to para. 1, the goods are considered approved as compliant with the requirements, except for hidden defects.
Art. 21. The Supplier on the kali.bg platform is not obligated to provide the necessary service for the goods.
Art. 22. For cases not regulated in this section, the rules of commercial sale defined in the Commercial Act and the Consumer Protection Act shall apply.
PROTECTION OF PERSONAL DATA
Art. 23. (1) The collection, storage, and processing of personal data are carried out in accordance with the Privacy Policy of ProUnitex EOOD, which you can access here Privacy Policy.
(2) The personal data entered by the Users are protected under the Personal Data Protection Act and General Data Protection Regulation 2016/679, and the Supplier processes them for the purposes and within the deadlines specified in the Privacy Policy.
(3) With the User's consent to the Privacy Policy, the User expressly confirms that they agree the Supplier to store information or access the information stored on the User's end device for the purposes and periods exhaustively provided therein. The User agrees that the Supplier may store information or access the information stored on the User's end device on other grounds specified in the Privacy Policy.
(4) The User agrees that the Supplier on the kali.bg platform has the right to send electronic messages to the User, including newsletters or product purchase offers, as long as the User is registered on the Supplier's electronic store on the kali.bg platform.
(5) The User agrees that the Supplier on the kali.bg platform has the right to collect, store, and process data on the User's behavior when using the Supplier's electronic store on the kali.bg platform. The User has the right to object to the storage or access to information under paragraph 3 through the means provided in the Privacy Policy.
Art. 24. (1) At any time, the Supplier on the kali.bg platform has the right to request that the User authenticate and verify the accuracy of any of the circumstances and personal data declared during registration.
(2) In case the User has forgotten or lost their username and password for any reason, the Supplier on the kali.bg platform has the right to apply the declared "Procedure for Lost or Forgotten Usernames and Passwords", available at the address: kali.bg.
AMENDMENTS AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 25. (1) These general terms and conditions may be amended by the Supplier on the kali.bg platform, for which the latter will inform all registered Users appropriately.
(2) The Supplier on the kali.bg platform and the User agree that any supplement and amendment to these general terms and conditions will have effect on the User in one of the following cases:
A) after their explicit notification by the Supplier on the kali.bg platform, and if the User does not declare within the provided 14-day period that they reject them; or
B) after their publication on the Supplier's website on the kali.bg platform, and if the User does not declare within a 14-day period from the publication that they reject them;
C) with the User's explicit acceptance through their profile on the Supplier's website on the kali.bg platform.
(3) The User agrees that all statements by the Supplier on the kali.bg platform regarding the amendment of these general terms and conditions will be sent to the email address provided by the User upon registration. The User agrees that the emails sent under this article do not need to be signed with an electronic signature to be valid against them.
Art. 26. The Supplier publishes these general terms and conditions at General Terms and Conditions together with any amendments and additions to them.
TERMINATION
Art. 27. These general terms and conditions and the contract between the User and the Supplier on the kali.bg platform are terminated in the following cases:
upon termination and declaration of liquidation or declaration of insolvency of one of the parties to the contract;
by mutual agreement of the parties in writing;
in case of objective impossibility of one of the parties to the contract to perform its obligations;
in case of confiscation or sealing of the equipment by state authorities;
in case of deletion of the User's registration on the kali.bg platform. In this case, the concluded but unfulfilled purchase and sale contracts remain valid and 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 finds that the User is using the kali.bg platform in violation of these general terms and conditions, the legislation of the Republic of Bulgaria, generally accepted moral norms, or the generally accepted rules and practices in e-commerce.
XII. LIABILITY
Art. 29. The User undertakes to indemnify and release the suppliers on the kali.bg platform and the Supplier from any liability, legal claims, and other claims by third parties (whether justified or not) for all damages and costs (including attorney's fees and court costs) arising from or in connection with (1) non-performance of any obligations under this contract, (2) infringement of copyright, producer rights, broadcasting rights, or other rights to intellectual or industrial property, (3) unlawful transfer of rights granted to the User to third parties for the term and conditions of the contract, and (4) false declaration of the presence or absence of the quality of the consumer within the meaning of the Consumer Protection Act.
Art. 30. The Supplier is not liable in case of force majeure, unforeseeable events, Internet problems, technical or other objective reasons, including orders by competent state authorities.
Art. 31. (1) The Supplier is not liable for damages caused by the User to third parties.
(2) The Supplier is not liable for material or non-material damages, including lost profits or suffered losses, incurred by the User in the process of using or not using kali.bg and entering into purchase and sale contracts with the Supplier.
(3) The Supplier is not liable for the time during which the platform was not accessible due to force majeure.
(4) The Supplier is not liable for damages from comments, opinions, and publications under the products, news, and articles on the kali.bg platform.
Art. 32. (1) The Supplier is not liable in case of overcoming the security measures of the technical equipment, resulting in loss of information, dissemination of information, access to information, restriction of access to information, and other similar consequences.
(2) The Supplier is not liable in case of concluding a purchase and sale contract, providing access to information, loss, or alteration of data resulting from false authentication by a third party posing as the User, if circumstances indicate that this person is the User.
XIII. OTHER CONDITIONS
Art. 33. (1) The User and the Supplier on the kali.bg platform undertake to mutually protect their rights and legitimate interests, as well as to keep their trade secrets acquired during the contract execution and these general terms and conditions.
(2) The User and the Supplier undertake not to publicly disclose written or oral correspondence conducted between them during and after the contract period. Public disclosure may include the publication of correspondence in print and electronic media, internet forums, personal or public websites, etc.
Art. 34. In case of contradiction between these general terms and conditions and agreements in a specific contract between the Supplier on the kali.bg platform and the User, the clauses of the specific contract shall prevail.
Art. 35. The possible invalidity of any provision of these general terms and conditions shall not lead to the invalidity of the entire contract.
Art. 36. Any issues related to the execution and interpretation of this contract shall be governed by the laws of the Republic of Bulgaria.
Art. 37. These general terms and conditions enter into force for all Users of kali.bg.
Appendix No. 1 - Standard Form for Exercising the Right of Withdrawal from the Contract
Standard Form for Exercising the Right of Withdrawal from the Contract:
(fill in and send this form only if you wish to withdraw from the contract)
- To (ProUnitex EOOD, Vratsa 3000, 1 "Kliment Ohridski" Str., office@kali-uniforms.com):
- With this notification, I inform/we inform* you that I/we* withdraw from the contract for the purchase of the following goods*/for the provision of the following service*
- Ordered on*/received on*
- Name of the user/users
- Address of the user/users
- Signature of the user/users (only if this form is on paper)
- Date
* Delete as appropriate.
Appendix No. 2 - Information Regarding the Exercise of the Right of Withdrawal from the Contract
Information Regarding the Exercise of the Right of Withdrawal from the Contract
Standard withdrawal instructions:
- Right of withdrawal from a distance contract or off-premises contract.
- You have the right to withdraw from this contract without giving any reason within 14 days.
- The withdrawal period is 14 days from the date on which you or a third party other than the carrier and indicated by you, acquires physical possession of the goods.
- To exercise your right of withdrawal, you must inform us at the contact details specified on kali.bg of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or email).
- You may use the attached standard withdrawal form. You can also fill in and submit electronically the standard withdrawal form or any other unequivocal statement on our website kali.bg. If you use this option, we will immediately send you a confirmation of receipt of the withdrawal on a durable medium (e.g., by email).
- To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
- Action upon withdrawal.
- If you withdraw from the present contract, we will reimburse you for all payments received from you, excluding delivery costs, without undue delay and in any event not later than 14 days from the date on which we are informed about your decision to withdraw from the present contract. We will carry out the reimbursement to the bank account specified by you; in any case, this reimbursement will not entail any costs for you.
- We reserve the right to delay the reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
- You are responsible for the direct costs of returning the goods. The costs are expected not to exceed the approximate amount of the delivery or standard courier service.
- You are solely responsible for any decrease in the value of the goods resulting from handling them, different from what is necessary to establish their nature, characteristics, and functioning properly.
For additional consumer information, please refer to kali.bg.