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Terms and Conditions

TERMS AND CONDITIONS OF ONLINE SHOP www.lilyeva.com

I. SUBJECT

Art. 1. These General Terms and Conditions are intended to regulate the relations between LilyEva, with its registered office and business address: Sofia, Mladost 2, bl. 226, ent. 4, represented by Lilyana Ilieva, hereinafter referred to as SUPPLIER, and the customers, hereinafter referred to as USERS, to the e-commerce platform www.lilyeva.com, hereinafter referred to as "www.lilyeva.com".

II. SUPPLIER'S DATA


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

Supplier Name: "LilyEva"
Headquarters and management address: Bulgaria, Sofia, Mladost 2, bl. 226, ent. 4
Address for the exercise of the activity and address for addressing complaints from consumers: Bulgaria, Sofia, Mladost 2, bl. 226, ent. 4
Correspondence details: info@lilyeva.com, phone +359885615334.
Entry into public registers: none, the shop operates in the form of a private person
Supervisors:

(1) Personal Data Protection Commission
Address: Sofia, "Prof. Tsvetan Lazarov "№ 2,
Tel. (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Web site: www.cpdp.bg

(2) Commission for Consumer Protection
Address: 1000 Sofia, 4A Slaveikov Square, 3rd, 4th and 6th floor,
tel .: 02/980 25 24
fax: 02/988 42 18
hotline: 0700 111 22
Web site: www.kzp.bg

7. Registration under the Value Added Tax Act (none).

III. PLATFORM CHARACTERISTICS

Art. 3. www.lilyeva.com is an e-commerce platform available at the Internet at https://www.lilyeva.com through which Users have the ability to enter into contracts for the purchase and sale of the goods offered by the Supplier in the platform, including the following:

  1. Register and create an account for reviewing the Supplier's e-shop and using additional information services
  2. View products, their characteristics, pricing and delivery terms
  3. Conclude with the Supplier contracts of sale and delivery of products offered by the platform www.lilyeva.com
  4. Make any payments in relation to the contracts concluded through the electronic payment platform www.lilyeva.com
  5. Рeceive information about new products offered by the Suppiler's platform www.lilyeva.com
  6. Мake electronic statements regarding the conclusion or performance of contracts with the Supplier in the www.lilyeva.com platform via the interface on the www.lilyeva.com website available on the Internet
  7. Be informed of the rights deriving from the law, primarily through the interface of the www.lilyeva.com platform on the Internet
  8. Exercise the right of withdrawal, where applicable, under the Consumer Protection Act.

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

Art. 5. (1) The Users shall conclude with the Supplier at www.lilyeva.com a contract for the purchase and sale of the goods at https://www.lilyeva.com. The contract is concluded in Bulgarian or in English and is stored in the supplier's database in the platform.

(2) By virtue of the contract concluded with the Users, the Supplier at the platform www.lilyeva.com undertakes to organize the delivery and transfer of the User's property to the goods, which he has defined through the interface in the platform. Users have the right to correct mistakes in the input of information no later than making the statement of the Supplier's contract at the www.lilyeva.com platform.

(3) The User pays the Supplier at the www.lilyeva.com platform a fee for the goods delivered under the terms and conditions set out in the www.lilyeva.com platform and these General Terms and Conditions. The remuneration is the amount of the price announced in the platform www.lilyeva.com.

Art. 6. (1) The User and the Supplier at the platform www.lilyeva.com agree that all statements between them in connection with the conclusion and execution of the purchase contract may be made by electronic means and by electronic statements within the meaning of the Law for the electronic document and electronic signature and Art. 11 of the Electronic Commerce Act.

(2) It is assumed that the electronic statements made by the Users of the site are made by the persons mentioned in the data provided by the User in making the registration if the User has entered the respective access name and password.

IV. REGISTRATION FOR USE OF www.lilyeva.com

Art. 7. (1) In order to use www.lilyeva.com for the conclusion of contracts for the purchase and sale of goods, the User shall enter the selected name and password for remote access or be legitimated by his Facebook account, considering that he has accepted the present terms and conditions.

(2) The name and password for remote access shall be determined by the User by making an online registration on the Supplier's website in the platform www.lilyeva.com, according to the procedure specified therein. Users have the ability to place orders for the delivery of goods and from a Facebook profile.

(3) By filling in the data in the consumer basket and clicking on the "Confirm" button, the User declares that he / she is familiar with these terms and conditions, agrees with their content and undertakes to comply unconditionally with them.

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

(5) When making the registration or the order, the User undertakes to provide correct and up-to-date data. The user is obliged to update the data specified in his registration or order in a timely manner.

V. TECHNICAL STEPS TO CONCLUDE A PURCHASE CONTRACT

Art. 8. (1) Users shall primarily use the interface of the Supplier's website at the www.lilyeva.com platform to conclude contracts for the purchase and sale of the goods offered by the Supplier at the www.lilyeva.com platform.

(2) In the case of ordering goods without making a registration by the User, the latter shall accept these general terms at the moment of delivery. It is considered that the User has accepted these General Terms and Conditions upon acceptance of the delivery of the goods.

Art. 9. Users conclude the contract for the purchase and sale of the goods in the platform www.lilyeva.com under the following procedure:

(1) Log in to the ordering system at the platform www.lilyeva.com

(2) Choose one or more of the goods offered by the Supplier at the www.lilyeva.com platform and add them to a purchase order list

(3) Provide the necessary data to individualize the User as a party to the contract

(4) Provide data for delivery

(5) Choose method and time for payment

(6) Order Confirmation

VI. CONTENT OF THE CONTRACT

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

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

(3) The rights of the Users in connection with the supplied goods shall be exercised separately for each purchase contract. The exercise of rights in relation to a delivered good does not affect and has no effect on the contracts for the purchase and sale of the other goods. In the case that the User is a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal of the purchase contract for a particular good shall not affect the contracts for the purchase of the other goods delivered to the consumer.

Art. 11. In exercising the rights under the contract of sale, the User is obligated to indicate precisely and unambiguously the contract and the goods in respect of which the rights are exercised.

Art. 12. The User may pay the price for individual purchase contracts at once when the goods are ordered or when they are delivered.

VII. SPECIAL CLAUSES APPLYING TO PERSONS WHO HAVE A QUALITY CONSUMER UNDER THE LAW OF CONSUMER PROTECTION

Art. 13. The rules of this Section VII of these General Terms and Conditions apply only to Users for whom, according to the data specified for the conclusion of the Purchase Agreement or the registration on www.lilyeva.com, it can be concluded that they are Users within the meaning of the Consumer Protection Act, the Electronic Commerce Act and / or Directive 2011/83 / EC of the European Parliament and of the Council of 25 October 2011

Art. 14. (1) The main features of the goods offered by the Supplier at the www.lilyeva.com platform are defined in the profile of each item on the platform www.lilyeva.com.

(2) The price of the goods including all taxes and fees is determined by the Supplier at the platform www.lilyeva.com in the profile of each item in the platform www.lilyeva.com.

(3) The value of the postal or transport costs not included in the price of the goods shall be determined by the Supplier at the platform www.lilyeva.com and shall be provided as information to the Users when selecting the goods for the conclusion of the purchase contract;

(4) The terms of payment, delivery and performance of the contract are defined in these General Terms and Conditions and the information provided to the User through the mechanisms in the platform www.lilyeva.com.

(5) The information provided to Users under this Article is current at the moment of its visualization on the platform www.lilyeva.com prior to the conclusion of the purchase contract.

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

Art. 15. (1) The User agrees that the Supplier at the www.lilyeva.com platform are entitled to accept an 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 at the platform www.lilyeva.com the price for delivery of the goods before or at the moment of delivery.

(3) In the event that the value of the Order of the User is equal to or exceeds BGN 15,000, payment shall be made only by transfer or payment to the Supplier's payment account.

Art. 16. (1) The User has the right, without indemnity or forfeiture and without giving any reason, to cancel the concluded contract within 14 days from the date of receipt of the goods by the Supplier through the button "Return of the product (s) "in the corresponding order in the User's customer account (the button is visible 14 days after the order is completed) or through the single withdrawal form available in Appendix 1 to these General Terms. Information on exercising the right of withdrawal is available on the Shipping & Returns page and in Appendix 2 to these General Terms and Conditions.

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

  1. for the supply of goods made to the Useror according to his individual requirements;
  2. for the supply of goods which, by their nature, may deteriorate or have a short shelf life;
  3. for the supply of sealed goods that have been printed after delivery and can not be returned for reasons of hygiene or health protection;
  4. for the supply of goods which, after being supplied and by their nature, have been mixed with other goods from which they can not be separated;
  5. for the supply of sealed sound recordings or video recordings or sealed computer software that have been printed after delivery, including software license activation codes, software features, or virtual payment means.
  6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;

(3) Where the Supplier at the platform www.lilyeva.com has not fulfilled its obligations to provide information specified in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within one year and 14 days as of the date of receipt of the goods. When the information is provided to the User within the withdrawal period, it begins to run from the date of its submission. The User is entitled to send the cancellation notice to this member directly to the Supplier via the "Return of product (s)" button in the respective order in the User's customer account (the button is visible 14 days after the completion of the order) or through the single withdrawal form available in Appendix 1 to these General Terms and Conditions.

(4) Where the User has exercised his right to withdraw from the distance or off-premises contract, the Supplier shall reimburse all sums received by the User, including the cost of delivery, without undue delay and no later than 14 days from the date on which he was informed of the User's decision to withdraw from the contract. Supplier shall recover the sums received using the same payment method used by the User in the original transaction unless the User has expressly agreed to use another means of payment and provided that this is not cost-related to the User.

(5) In exercising the right of withdrawal, the costs of return of the delivered goods shall be deducted from the amounts for recovery under para. (4), except where the User arranges for himself and on his own account to return the goods. The Supplier has no obligation to reimburse the additional cost of delivery of the goods when the User has explicitly chosen a way of delivering the goods other than the cheapest type of standard delivery offered by the Supplier.

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

(7) The User may exercise his / her right to withdraw from the Contract with the Supplier by making a written statement to the Supplier through the button "Returning Product (s)" in the respective order in the User's customer account (the button is visible 14 days after the order is finished) or through the single withdrawal form available in Appendix 1 to these General Terms and Conditions.

(8) Where the Supplier at the www.lilyeva.com platform has not offered to take the goods alone, he may withhold the payment of the User's amounts until he has received the goods or until the User provides proof that he has sent the goods back, whichever happened earlier.

(10) Notwithstanding the above, the User undertakes to return the goods in a commercial form, which allows their subsequent sale, unless the unpacking of the goods leads to obvious disruption of the goods' commercial appearance, but not only to a demolished box, hermetic packaging and other similar cases. In the event of a defective commercial appearance of the goods, the Supplier may, at its discretion, refuse to accept a waiver of the contract or charge the User for reimbursement of the goods in commercial form.

(11) In the event of exercise of the right of withdrawal under this Article, it is considered that the User has exercised a right of withdrawal in respect of the bonus content belonging to the commodity.

Art. 17. (1) The delivery period of the goods is determined for each item individually at the conclusion of the contract with the consumer via the Supplier's website at www.lilyeva.com.

(2) In the event that the User and the Supplier at the www.lilyeva.com platform have not set a delivery time, the delivery time of the goods is 30 calendar days from the date following the sending of the order to the Supplier via the Supplier's website the platform www.lilyeva.com.

(3) If the Supplier at the www.lilyeva.com platform can not fulfill the contract because it does not have the ordered goods, it is obliged to notify the User and to recover the amounts paid by him.

Art. 18. The Supplier at the www.lilyeva.com platform is committed to complying with all requirements established in Bulgarian legislation on the labeling, advertising and sale of food supplements.

VIII. IMPLEMENTATION OF THE CONTRACT

Art. 19. (1) The Supplier at the www.lilyeva.com platform may organize the delivery and transmission of the goods to the User by the respective courier in the term specified at the conclusion of the contract.

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

Art. 20. (1) The User shall review the goods at the time of delivery and delivery and, if they are not eligible, notify the Supplier immediately at the platform www.lilyeva.com.

(2) If the User fails to notify the Supplier at the platform www.lilyeva.com under par. 1 the product is deemed to have been approved as complying with the requirements, except for hidden defects.

Art. 21. The Supplier at www.lilyeva.com does not have the obligation to provide the necessary service for the product.

Art. 22. For the cases not covered in this section, the sales rules set out in the Commercial Law and the Consumer Protection Act shall apply.

IX. PROTECTION OF PERSONAL DATA

Art. 23. (1) The Supplier at the www.lilyeva.com platform takes steps to protect the User's personal data under the Personal Data Protection Act.

(2) For security reasons of the User's personal data, the Supplier at the www.lilyeva.com platform will only send the data to an e-mail address that was designated by the Users at the time of registration.

(3) The Supplier at the www.lilyeva.com platform is entitled to store data in the User's terminal communication device unless the latter explicitly disagrees.

(4) The User or the User agrees that the Supplier at the www.lilyeva.com platform has the right to send at any time electronic messages to the User, including a newsletter or offers for the purchase of goods while the User is registered in the e-shop of the Supplier at the www.lilyeva.com platform.

(5) The User agrees that the Platform Provider www.lilyeva.com has the right to collect, store and process data on the User or User's behavior when using the Supplier's Online Store at the www.lilyeva.com platform.

(6) The User has the right to request to access, update or delete the information that the Platform Provider has on you. This can be achieved from the account settings section. If you are unable to perform these actions yourself, please contact Us to assist you. This also enables you to receive a copy of the Personal Data.

Art. 24. (1) At any time, the Supplier at the www.lilyeva.com platform is entitled to require the User to legitimize and certify the authenticity of each of the circumstances and personal data announced during the registration.

(2) In the event that, for any reason, the User has forgotten or lost his name and password, the Supplier at the www.lilyeva.com platform is entitled to apply the "Lost or Forgotten Names and Passwords Procedure" available at: www.lilyeva.com/passwordrecovery.

X. AMENDMENT AND ACCESS TO GENERAL TERMS AND CONDITIONS

Art. 25. (1) These General Terms and Conditions may be amended by the Supplier at the www.lilyeva.com platform, for which the latter will properly inform all registered Users.

(2) The Supplier at the www.lilyeva.com platform and the User agree that any addition and modification of these terms and conditions will have effect vis-à-vis the User in one of the following cases:

A) upon its explicit notification by the Supplier at the www.lilyeva.com platform and if the User does not state within the 14-day deadline that he rejects them; or

B) after publishing them on the Supplier's website at the platform www.lilyeva.com and if the User does not declare them within 14 days of their publication;

C) with its explicit acceptance by the User through its profile on the Supplier's website at www.lilyeva.com.

(3) The User agrees that all statements made by the Supplier at the www.lilyeva.com platform regarding the modification of these terms and conditions will be sent to the e-mail address specified by the User upon registration. The User agrees that emails sent pursuant to this Article need not be signed with an electronic signature in order to have an effect on him.

Art. 26. The Supplier publishes these terms and conditions at https://www.lilyeva.com/termsandconditions along with any additions and amendments thereto.

XI. TERMINATION

Art. 27. These General Terms and the User Agreement with the Supplier at the www.lilyeva.com platform are terminated in the following cases:

  • upon termination and in liquidation or bankruptcy of one of the parties to the contract
  • by mutual agreement of the parties in writing
  • in the case of an objective impossibility of one of the parties to the contract to fulfill its obligations
  • in case of seizure or sealing of equipment by state authorities
  • in the event of deletion of the User's registration in the platform www.lilyeva.com. In this case, the concluded but not executed purchase contracts remain in force and are subject to enforcement;

Art. 28. The Supplier is entitled at its sole discretion, without notice and without due compensation, to unilaterally terminate the Contract if it finds that the User is using the www.lilyeva.com platform in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria, the generally accepted moral norms or generally accepted rules and practices in e-commerce.

XII. LIABILITY

Art. 29. The User undertakes to indemnify and indemnify the Supplier at the www.lilyeva.com platform of any claims and other claims by third parties (whether reasonable or not) for any damages and costs (including attorneys' fees and expenses) arising out of or in connection with (1) failure to perform any of the obligations under this Agreement, (2) breach of copyright, production rights, broadcasting rights or other intellectual or industrial property rights, (3) to others the rights granted to the User for the duration and under the terms of the contract and (4) a false declaration of the existence or absence of a quality user within the meaning of the Consumer Protection Act.

Art. 30. The Supplier shall not be liable in the event of force majeure, incidental events, Internet problems, technical or other objective reasons, including dispositions of the competent governmental authorities.

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

(2) The Supplier shall not be liable for any material or non-pecuniary damage resulting from loss of profits or damages caused to the User in the course of the use or non-use of www.lilyeva.com and conclusion of purchase contracts with the Supplier.

(3) The Supplier shall not be held responsible for the time during which the Platform was unavailable for force majeure.

(4) The Supplier shall not be held responsible for damages from comments, opinions and publications under the products, news and articles on the www.lilyeva.com platform.

Art. 32. (1) The Supplier shall not be liable in case of overcoming of the security measures of the technical equipment and this results in loss of information, dissemination of information, access to information, limitation of access to information and other similar consequences.

(2) The Supplier shall not be liable in case of conclusion of a contract for sale, provision of access to information, loss or change of data occurring as a result of false legitimation of a third person presented to the User if the circumstances judges that this person is the User.

XIII. OTHER TERMS

Art. 33. (1) The User and the Supplier at the platform www.lilyeva.com undertake to protect each other's rights and legitimate interests, as well as to protect their trade secrets, which have become known to them in the process of performance of the contract and these general conditions.

(2) The User and the Supplier undertake, during and after the expiry of the contract period, not to make public written or verbal correspondence between them. Publishing of correspondence in print and electronic media, internet forums, personal or public web sites, etc. may be considered public domain.

Art. 34. In the event of a conflict between these terms and conditions and the arrangements in a special agreement between the Supplier at the platform www.lilyeva.com and the User, the provisions of the special contract shall prevail.

Art. 35. Any invalidity of any provision of these General Terms and Conditions will not invalidate the entire contract.

Art. 36. The laws of the Republic of Bulgaria shall apply to matters not governed by this Agreement relating to the implementation and interpretation of this Agreement.

Art. 37. These General Terms and Conditions shall enter into force for all Users on 01.01.2018.

 

Annex 1 -  Standard form for the right of withdrawal

Standard form for the right of withdrawal:

(fill in and submit this form only if you wish to cancel the contract)

- To (trader's name, geographic address and, where applicable, fax number and e-mail address to be filled in by the trader):

- I hereby notify that we are declining the contract of purchase of the following goods * / to provide the following service *

- Ordered on * / received on *

- User name (s)

- Address of the user (s)

- Signature of user (s) (only if this form is on paper)

- Date

-------------------------------------------------- ----

* Unnecessary is crossed out.

 

Annex 2 - Information on exercise of the right of withdrawal

Information on exercise of the right of withdrawal

Standard withdrawal guidelines:

Right of withdrawal from the contract at a distance or off-premises.

  1. You have the right to withdraw from this contract, without giving any reasons, within 14 days.
  2. The withdrawal period is 14 days from the date on which you or a third party other than the carrier and indicated by you have taken possession of the goods.
  3. In order to exercise your right of withdrawal, you must notify us of the contact details listed on www.lilyeva.com and your decision to cancel the contract with an unambiguous application (such as a letter sent by post, fax, e-mail or via a button "Returning product (s)" to the corresponding order in the User's customer account (the button is visible 14 days after the order closes)).
  4. You can use the standard withdrawal form attached, but this is not required. You can also electronically fill in and submit the standard denial form or other unambiguous denial request to our website www.lilyeva.com through the "Return a Product (s)" button in the corresponding order in the User's customer account (the button is visible 14 days after the completion of the order). If you use this option, we will immediately send you a confirmation receipt of the refusal on a durable medium (e-mail, for example).
  5. In order to comply with the withdrawal period, it is sufficient to send your notice on the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of withdrawal.

  1. If you opt out of this agreement, we will refund to you all payments we have received from you, including delivery costs (excluding additional costs associated with a delivery method you choose, other than the cheapest standard delivery method, offered by us) without undue delay and in any case no later than 14 days from the date you inform us of your decision to renounce this contract. We will perform your refund on a specified bank account. in any case, this refund will not be associated with any costs for you.
  2. We have the right to postpone reimbursement until the goods are returned or until you provide evidence that you have returned the goods, whichever is the earlier.
  3. You have to bear the direct costs of returning the goods. Expenditures are expected to not exceed approximately the amount of delivery or standard courier service.
  4. You are only responsible for reducing the value of the goods as a result of testing them other than what is necessary to establish their nature, characteristics and good functioning.

For additional user information, see: www.lilyeva.com/shipping-returns.