The current Terms of service govern the relations between „RELIVIA” Ltd., referred to as “Relivia”, on one part, and the Consumers of internet pages and services, placed on the site (referred to as Consumers), on the other side. “RELIVIA” Ltd. is a legal entity, registered in the Bulgarian Commercial Register, with UIC 206041828 , with seat and management address in the city of Sofia in the city of Sofia, 1700, area Studentski, Yordan Trifonov 4 Str., phone number: +35988 8710491; e-mail: email@example.com
The published Terms of service shall be thoroughly read prior using the information and commercial services, provided by the Site (referred to as Services).
The current document contains information about the activity of “Relivia” and the Terms of service, provided by “Relivia”, which govern the relations between us and each of our Consumers.
Confirmation of the Terms of service is an obligatory condition for concluding a contract between the Consumer and “Relivia”
With accepting the Terms of service the Consumer agrees for his personal data to be processed on the grounds of the concluded contract with “Relivia”.
For the purpose of these Terms of service, the following Terms are to be understood as follows:
Site – www.relivia-care.com and all of its subpages.
Consumer – is any natural person who acquires goods or services that are not intended to engage in commercial or professional activity and any natural person who, as a party to a contract, acts outside the scope of their trade or profession.
Terms of service – the current Terms of service which include Terms of service, cookies policy, registration and delivery rules, voluntary dispute resolution, contract return form, guarantee form and any other legally relevant information that is on the Site.
Personal data – any information about an individual which reveals their physical, psychological, mental, family, economic, cultural or social identity.
Goods – movable tangible property, with the exception of items sold by an action of enforcement or other measures by lawful authorities, as well as property that is abandoned or withdrawn in favor of the state and put up for sale by public authorities. Goods are also water, gas and electricity when offered for sale, packaged in a limited volume or in a certain quantity.
Sales Contract – a contract under which the Trader transmits or is obliged to transfer the ownership of goods to the Consumer and the Consumer pays or is obliged to pay the price for the goods, including contracts involving both goods and services.
Alternative Consumer Dispute Resolution – an out-of-court settlement procedure for Consumer disputes that meets the requirements of the Consumer protection act and is executed by an alternative Consumer dispute resolution body.
1. PROVIDED SERVICES
On the Site the Consumers have the option to conclude contracts of sale and delivery of the suggested from “Relivia” goods.
2.1. Consumers use the interface of the “Relivia”’s website to conclude sales contracts concerning the goods offered by “Relivia”.
2.2. In case that certain goods are out of stock, “Relivia” reserves the right to refuse the order.
2.3. After selecting one or more goods offered on the “Relivia”’s website, the Consumer shall add the goods to their list of goods for purchase.
2.4. The Consumer shall provide delivery information and choose a method and time of payment of the price prior confirming the order through the site’s interface.
2.5. When making an order, the Consumer receives a confirmation by e-mail, that their order has been accepted.
2.6. “Relivia” can refuse conclusion of contract with an abusive Consumer.
2.7. “Relivia” can treat a Consumer as abusive in case:
1) there is a non-compliance with the Terms of service;
2) there was established an abusive, arrogant or rude attitude towards the representatives of the “Relivia”;
3) there were established systematic Consumer abuses towards “Relivia”.
3.1. The prices of the suggested goods are these, listed on the website of “Relivia” at the moment of placement of an order, except from the cases of an obvious mistake.
3.2. The prices include VAT in cases the charging is applicable.
3.3. “Relivia” has the right to alter at any moment and without notice the prices of the offered goods on the site, taking into account that such changes shall not affect already placed orders.
3.4. “Relivia” can give discounts for the goods, provided by the site under the applicable legislation and the rules defined by “Relivia”. The rules, applicable to such discounts, are available at the place, where the discount is shown. Discounts may be variable (for example promotions, loyalty discounts, provided individually, randomly or as a result of participation in a competition or a client research).
3.5. Different types of discounts cannot be combined in case of ordering and buying the same service.
4.1. When the Consumer returns goods with the right to get a refund for the sum paid for any reason, the price to be refunded shall be reduced by the amount of the discount received on the good and only the amount actually paid shall be refunded.
4.2. The Consumer can pay the price of the ordered goods by choosing one of the listed methods on the website. Payments can be made by:
4.3. If the Consumer chooses the option of courier and cash on delivery, they shall pay the price of the ordered items along with the courier’s shipping price upon receiving the goods.
4.4. If the Consumer picks a method of payment, including a Third Party – provider of payment services, the Consumer may be obliged by the regulations and conditions and/or taxes of such a Third Party.
4.5. “Relivia” is not liable if a certain method of payment, including a Third Party – provider of payment services, is not available or in another aspect is not working due to reasons, for which “Relivia”cannot be held accountable for.
5. WITHDRAW FROM THE CONTRACT AND REPLACEMENT
5.1. The Consumer can withdraw from the contract without pointing out a reason, without being liable for any damages or penalty, in a 14-day period, as of the date of receipt of the goods by the Consumer or by a Third Party.
5.2. In order to exercise their right under this clause, the Consumer shall notify “Relivia” of their decision to withdraw from the contract by identifying the goods they wish to return, by providing the order’s details, including but not limited to: content and value of the order, details of the person who made the order, details of the person who received the delivery and date of the delivery.
5.3. To exercise the right of withdrawal “Relivia” provides the Consumer with the option to fill in and electronically send through the website the standard withdrawal form or other unambiguous application. In such cases “Relivia” shall send immediately a confirmation of receipt of the withdrawal on a durable medium to the Consumer.
5.4. Consumers shall be obliged to return the goods at their own expense, accompanied with the receipt and the invoice, if any, by handing them over to the “Relivia” or to a person authorized by “Relivia”, within 14 days of the date of withdrawal.
5.5. The goods shall be in their original packaging when returning, with no traces of use or disturbance of the commercial appearance.
5.6. “Relivia” has the right to postpone the refund until the receipt of the goods or until proof is provided that the goods have been sent back, whichever is earlier.
5.7. In the event that the Consumer fails to fulfill his obligation under paragraph 5 without notifying “Relivia” of the delay and without providing a valid reason for doing so, he is deemed to have withdrawn his statement of withdrawal from the contract.
5.8. Where, in connection with the performance of the contract, costs have been imposed on “Relivia”
5.9. and the Consumer withdraws from the contract, “Relivia” has the right to withhold the appropriate amount of the costs or to claim their payment.
5.10. The Consumer shall not have the right to withdraw from the contract in cases when a subject matter of the contract are:
5.11. “Relivia” shall reimburse the payment received from the consumer.
6.1. The Consumer shall be entitled to complain in respect of any non-conformity of the goods with the negotiated/ordered.
6.2. Any lack of conformity of the Consumer’s goods with the sales contract, which occurs within 6 months after the delivery of the goods, is deemed to have existed at the time of delivery unless it is proven that the lack of conformity is due to the nature of the goods or to the nature of the lack of conformity.
6.3. The Consumer may not contest the conformity of the Consumer goods with the contract of sale where:
1) at the time of the conclusion of the contract, the Consumer knew or could not have been unaware of the lack of conformity.
2) the lack of conformity has its origin in materials supplied by the Consumer.
6.4. The Consumer shall be entitled to address a complaint in respect of goods, regardless of whether the producer or Trader provided a commercial guarantee.
6.5. When the complaint is satisfied by replacement of the goods with other goods conforming to what has been agreed, “Relivia” shall be obligated to honour the initial guarantee terms offered to the Consumer.
6.6. Upon addressing a complaint in respect of goods, the Consumer may claim reimbursement of the sum paid, replacement of the goods by other goods conforming with what has been agreed or a reduction of the price.
6.7. A complaint shall be addressed either by word of mouth on the phone pointed out by ”Relivia” or in writing to the e-mail or to the entity’s address.
6.8. “Relivia” gives access to a form of complaint on its site.
6.9. When a claim is made, the Consumer indicates the subject matter of the claim, the preferred way of satisfying the claim, or the amount of the sum claimed, and the address, telephone and email for contact.
6.10. Upon submission of a complaint, the Consumer shall mandatorily attach the documents supporting the complaint, namely:
1) a receipt or an invoice;
2) written statements, memoranda or other documents establishing the lack of conformity of the goods or services with what has been agreed;
3) other documents establishing the grounds and amount of the claim.
6.11. Complaints in respect of Consumer goods may be addressed within two years after the time of delivery of the goods but not later than two months after establishment of the lack of conformity with what has been agreed, or after the expiry date.
6.12. The period shall be interrupted during the time needed to reach a settlement of the dispute between the seller and the Consumer.
6.13. If “Relivia” has provided a commercial guarantee for the good and the term of the guarantee is longer than the time limits for submitting the claim under paragraph 1, the claim may be lodged until the expiry of the commercial guarantee.
6.14. Addressing a complaint to the Trader shall not limit the bringing of an action.
6.15. “Relivia” keeps a register of the complaints submitted. The document consisting of the submission number of the complaint from the register and the type of service is sent to the email, provided by the Consumer.
6.16. When “Relivia” satisfies the complaint, it issues a document in 2 copies and provides one of them to the Consumer.
6.17. “Relivia”, when the complaint is satisfied, shall bring the goods into compliance to what has been agreed in the sales contract within one month of the Consumer’s claim being made.
6.18. If the goods have not been repaired after the expiration of the term under the preceding paragraph, the Consumer has the right to withdraw from the contract and to get a reimbursement of the sum paid or to demand reduction of the price of the Consumer goods according to Art. 114 of the CPA.
6.19. Bringing Consumer goods in accordance with the sales contract is free of charge for the Consumer. He does not owe any costs for shipping of the Consumer goods or for materials and work, related to its reparation, and does not suffer any significant inconvenience.
6.20. In the case of a lack of conformity of the Consumer goods with the sales contract and where the Consumer is not satisfied with the settlement of the complaint, the Consumer shall be entitled to choose between one of the following options:
1) rescission of the contract and reimbursement of the sum paid thereby;
2) reduction of the price.
6.21. The Consumer shall not be entitled to claim reimbursement of the sum paid or reduction of the price of the goods where the
6.22. “Relivia” agrees to a replacement of the Consumer goods with new ones or to repairment within one month of addressing the complaint.
6.23. The Trader is required to satisfy a claim for rescission of the contract and reimburse the amount paid by the Consumer when, after having satisfied three complaints of the Consumer by repairing the same goods within the warranty period, there is a subsequent non-compliance of the goods with the sales contract.
6.24. The Consumer shall not be entitled to claim a withdrawal from the contract if the non-conformity of the Consumer goods with the contract is insignificant.
7. INTELLECTUAL PROPERTY
7.1. The rights of intellectual property over materials and resources, placed on the website of “Relivia” (including the existing database), that are an object of protection under the Law on Copyright and Neighbouring Rights, are property of “Relivia” or the indicated person, who transferred the right of use to “Relivia” and can not be used in violation of the current legislation.
7.2. When copying or reproducing information beyond the legal limits or by any other violation of intellectual property rights on the resources of “Relivia”, “Relivia” has the right to make a claim for all damages including direct and indirect damages.
7.3. Except as expressly agreed upon, the Consumer may not reproduce, modify, delete, publish, distribute or otherwise disclose the information resources posted on the “Relivia” website.
7.4. “Relivia” is obliged to exercise due care to enable the Consumer to have normal access to the services provided.
7.5. “Relivia” reserves the right to stop access to the services provided. “Relivia” has the right, but not an obligation, at its discretion to delete information resources and materials posted on their site.
8. TERMINATION AND CANCELLATION OF THE CONTRACT
8.1. “Relivia” has the right at its sole discretion without giving notice to terminate the contract if it finds that the services provided are used in violation of the present Terms of service, the applicable legislation and the generally accepted moral norms.
8.2. Except as provided in these Terms of service, the agreement between the parties shall terminate upon termination of the activity of “Relivia” or termination of maintenance of its website.
8.3. Except from the case outlined above, either party may terminate this Agreement by giving one week’s notice to the other party in the event of failure to perform the obligations under the contract.
8.4. The written form of the contract is considered fulfilled by sending an e-mail message, pressing an electronic button on a content page to be filled in or selected by the Consumer or check box on the website, etc., insofar as the statement is recorded technically in a way that enables it to be reproduced.
9. SEVERABILITY CLAUSE
The parties declare that if any of the provisions of these Terms of service prove to be invalid, this will not invalidate the entire contract or any of its parts. The invalid clause will be replaced by the mandatory rules of the law or established practice.
10. AMENDMENT TO THE TERMS OF SERVICE
10.1. “Relivia” is obliged to notify Consumers for any amendment to these Terms of service within 7 days of the occurrence of this circumstance at the email address specified by the Consumer.
10.2. When the Consumer disagrees with the Terms of service, the Consumer has the right to withdraw from the contract without giving any reason and without being liable for damages or penalty. In order to exercise this right, the Consumer must notify“Relivia” within one month of receiving the notice under the preceding paragraph.
10.3. In case the Consumer does not exercise his right to withdraw from the contract in accordance with these Terms of service, the Consumer shall be considered to have accepted the Amendment without objection.
11. APPLICABLE LAW
The provisions of the law of Republic of Bulgaria shall apply to any cases unregulated under these Terms of service.
The delivery of the ordered goods shall be done by courier to a designated by the Consumer office or a delivery address on the territory of the Republic of Bulgaria. The delivery is at the expense of the Consumer, unless the contrary is expressly indicated on the Site.
If the order is exceeding 60 BGN, the delivery is at the expense of “Relivia”
“Relivia” shall contact the Consumer over the phone for specifying the order or the delivery’s details prior to sending the ordered goods.
“Relivia” shall not be liable for non-performance of the order in cases where the Consumer has indicated incorrect, incomplete and / or inaccurate personal data, including when indicating an incomplete, incorrect or fictitious address or telephone.
The delivery is made within the deadlines described under each delivery option in the order interface. In exceptional circumstances, “Relivia” reserves the right to extend the delivery period by promptly informing the Consumer thereof.
“Relivia” is processing orders within one work day of placement of the order.
Ordered goods are delivered against signature, with larger shipments (at courier’s discretion) delivered to the entrance of the building.
The Consumer shall review the goods at the moment of delivery and notify immediately if there are any non-conformities, shortcomings and damages. If the Consumer does not do so, it is assumed that the delivery was accepted without any objection.
In case of international deliveries, the rules for delivery and receipt of consignments to the relevant national postal service as well as the relevant national legislation of the country of destination of the goods are applicable.
All import taxes for importation of goods are at the expense of the Consumer. The Consumer can not claim a refund if he refuses to pay the import charges or to receive the shipment.
“Relivia” reserves the right to change the available delivery and payment methods and / or the terms and conditions at any time by publishing the available methods of delivery and payment on the website without any other notice.
REGISTRATION AND IDENTIFICATION
“Relivia” identifies Consumers of the site by storing log files on the Site’s server.
“Relivia” has the right to collect and use information about Consumers on the grounds and for the purpose of performing the contract concluded in Terms of service with the Consumer. The information by which the person can be identified may include #10processedpersonaldata#.
The information also includes any other information that the Consumer enters, uses or provides upon use of the Services provided by “Relivia”.
Only people over the age of 16 may register on the site. By the sign up the person marks a check-box indicating that he / she is over 16 years old.
“Relivia” takes due care and is responsible for protecting the Consumer’s information that has become known to him regarding the registration, except in cases of force majeure, accidental occurrence or malicious actions of third parties.
In the registration form completed by the Consumer upon registration,“Relivia” indicates the mandatory or voluntary nature of providing the data and the consequences of the refusal to provide them.
“Relivia” may reveal personal data to third parties only in the cases provided by the law and in the circumstances provided for by the law or with the express consent of the Consumers.
The Consumer can sign up by filling in the online registration form, available online on the“Relivia”‘s website, to agree to the Terms of service.
By pressing the virtual button with the text “Registration” or other analogous text having the force of a written confirmation of the Terms of service, the Consumer makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, stating that he is familiar with the General Terms, accepts and undertakes to observe them. “Relivia” may store in the log file on its server the IP address of the Consumer as well as any other information necessary to identify and reproduce its electronic statement for the acceptance of the Terms of service in the event of the occurrence of legal dispute. The text of the Terms of service is available on the Internet at “Relivia”‘s site in a way that allows it to be stored and reproduced.
When completing the application for registration, the Consumer is required to provide full and accurate data about the identity (for individuals), the legal status (for legal persons) and the other required by the electronic form of “Relivia” data as and update them within 7 (seven) days of their change. The Consumer declares that he agrees to provide the required personal data, ensuring that the data he provides during the registration process is true, complete and accurate, and will update them in a timely manner if changed by the latter. In the event of false data being provided,“Relivia” has the right to terminate or suspend without notice the provision of services as well as the maintenance of the Consumer’s registration.
Consumers can sign up via theirs Facebook or Google account.
Upon registration, the Consumer receives a unique Consumer name, which may also be the Consumer’s e-mail, and a password for accessing the services available through the “Relivia”’s website.
The Consumer can manage their profile on the site. Through his account, the Consumer can:
1. See the history of orders made
2. To correspond with the Trader
3. Complete a withdrawal form or a claim form
The Consumer’s username shall not give him any further rights other than those expressly stated in these Terms of service.
The registrant, in their capacity as a representative of a legal entity, is obliged to enter their full name and address, respectively the name of the legal entity they represent.
The Consumer shall take care and the necessary measures that are reasonably practicable in order to protect their password and not to disclose their password to third parties and to immediately notify “Relivia” in case of unauthorized access, as well as in probability and suspicion of such. The consumer bears the responsibility and risk of protecting their password, including the actions performed by an unauthorized third person using the consumer’s password.
The bodies governing the activity of “Relivia” are the Consumer Protection Commission (CPC) and the Commission for Personal Data Protection (CPDP) with the following coordinates:
phone number: 0700 111 22
address: Sofia, Slaveykov sq., №4А, fl.3,4,6
phone number: 02/91-53-518
address: Sofia 1592, Tzvetan Lazarov blvd. № 2
Consumers can use the European Dispute Resolution Online Platform (ODR) available at / http://ec.europa.eu/odr/ – a unified access portal allowing EU Consumers and Traders to settle disputes between themselves .
Alternative dispute resolution (ADR) between Consumers and Traders is an out-of-court conciliation procedure on a voluntary basis.
The general conciliation commissions help to reach agreement between Consumers and Traders in disputes over service contracts.
The General Conciliation Commissions are defined on a regional basis and competent to resolve disputes between “Relivia” and Consumer is:
General Conciliation Commission of the Commission for Consumer Protection, with headquarters in Sofia and the territory of Sofia, Sofia, Kyustendil and Pernik District;
The Consolidated List of Recognized ADR Authorities of the Member States of the European Union can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show
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