General terms and conditions for shopping Dietary supplements from Shaperlabel.com
GENERAL TERMS AND CONDITIONS FOR PARTICIPANT AT THE E-COMMERCE PLATFORM AT WWW.SHAPERLABEL.COM
I. SUBJECT MATTER
Article 1. The present general terms and conditions should regulate the relations between Smart Point LTD, housing complex Mladost 2, block 221А, entrance 1, floor 9, apartment 38, Sofia 1799, Uniform Identification Code 203530600 referred to as SUPPLIER, and the clients referred to as USERS, of the e-commerce platform “Shaperlabel.com”, referred to as “Shaper”.
ІІ. DATA ABOUT THE SUPPLIER IN THE PLATFORM
Article 2. Information under the E-Commerce Act and the Consumers protection Act:
1. Appellation of the Supplier: Smart Point LTD
2. Head office and registered address: housing complex Mladost 2, block 221А, entrance 1, floor 9, apartment 38, Sofia 1799
3. Address for doing business and address for sending complaints by consumers: housing complex Mladost 2, block 221А, entrance 1, floor 9, apartment 38, Sofia 1799
4. Data for correspondence: Bulgaria, housing complex Mladost 2, block 221А, entrance 1, floor 9, apartment 38, Sofia 1799 Email: ofice@shaperlabel.com
5. Entry in public registers: Uniform Identification Code BG2203530600
6. Supervisory Bodies:
(1) Commission for Personal Data Protection
Address: city of Sofia, 15, “Ivan Evstatiev Geshov”,
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 city of Sofia, 4A, “Slaveykov” Square, floor 3, 4 and 6,
Tel.: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg
(3) Commission for Protection of Competition
Bulgaria
Sofia 1000, 18, “Vitosha” Boul.
Telephone: (02) 935 61 13
Fax: (02) 980 73 15
Website: www.cpc.bg
III. PLATFORM CHARACTERISTICS
Article 3. Shaper is e-commerce platform which is accessible at the following web address http://www.shaperlabel.com, with which the Users have the opportunity to enter contracts for purchase and delivery of the commodities offered by the Supplier in the platform, including the following:
1. Perform registration and create profile for reviewing Supplier’s e-store at the Shaper platform and use the additional services for provision of information;
2. Review the commodities, their characteristics, prices and delivery terms and conditions;
3. Enter contracts for purchase and delivery of the commodities offered by the Supplier via the Shaper platform;
4. Effect all payments related to the contracts entered with the Supplier in conformity with the means of digital payments maintained by the Shaper platform.
5. Receive information about new commodities offered by the Supplier at the Shaper platform;
6. Make electronic statements in relation to entering or performing contracts with the participants in the Shaper platform via the interface of the Shaper website which is accessible online;
7. Be informed on the rights ensuing from law, mainly via the online interface of the Shaper platform;
8. Enforce their right to refusal if applicable under the Consumers Protection Act.
Article 4. The Supplier at the Shaper platform arranges for the delivery of commodities and ensures the rights of the Users provided by law, within good will, the criteria, terms and conditions accepted in practice, consumer or commercial law.
Article 5. (1) The Users enter with the Supplier at the Shaper platform contract for purchase of commodities at the following website http://www.shaperlabel.com. The Contract would be entered in Bulgarian language and would be stored in Supplier’s database at the platform.
(2) Under the contract for purchase of commodities entered with the Users, the Supplier at the Shaper platform undertakes to organize the delivery and transfer of ownership to the User of the commodities defined by it via the interface at the platform. The Users have the right to correct errors when entering information not later than sending the statement for entering the contract with the Supplier at the Shaper platform.
(3) The Users pay at the Shaper platform remuneration to the Supplier for the delivered commodities according to the terms and conditions defined at the Shaper platform and the present general terms and conditions. The remuneration amounts to the price announced by the Supplier at the Shaper platform at the website of the Shaper platform.
(4) Via the Shaper platform we select the person to perform the delivery of the commodities stated by the Users in the terms and according to the conditions defined at the Shaper platform and according to the present general terms and conditions.
Article 6. (1) The User and the Supplier at the Shaper platform agree that all statements between them in relation to entering and performing the purchase contract could be made online and via electronic statements under the Electronic Signature Act and article 11 of the E-Commerce Act.
(2) It is presumed that electronic statements made by the website Users were made by the persons defined in the data provided by the User at the time of registration, if the User entered the right username and password.
IV. REGISTRATION FOR THE PURPOSES OF SHAPER USE
Article 7. (1) In order to use Shaper for entering contracts for purchase of commodities, the User should enter the username and password selected by it for remote access.
(2) The username and password for remote access should be defined by the User while making the online registration at Supplier’s website at the Shaper platform in view of the procedure defined in it.
(3) After filling in its data and pressing the buttons for agreeing with the present general terms and conditions, the User declares it is aware of the present general terms and conditions, it agrees with their contents and undertakes to conform to them unconditionally.
(4) The Supplier at the Shaper platform confirms the registration performed by the User, after sending a letter to an email defined by the User. User account is created and contractual relations occur between it and the Supplier at the Shaper platform.
(5) When performing the registration the User undertakes to provide correct and up-to-date data. The User undertakes in the case of change to update the data in timely manner defined in its registration.
(6) At the platform of shaperlabel.com it is not allowed to use automated script for entering whatever website actions – in the commercial website part, as well as in the social one.
V. TECHNICAL STEPS FOR ENTERING PURCHASE CONTRACT
Article 8. The Users use mainly Supplier’s webpage interface at the Shaper platform in order to enter contracts for purchase of commodities offered by the Supplier at the Shaper platform.
Article 9. The Users entered contract for purchase of the commodities with the Supplier at the Shaper platform according to the following procedure:
(1) Performance of registration at the Shaper platform and provision of the necessary data if the User was not registered at the Shaper platform until then.
(2) System entry in order to place orders at the Shaper platform via username and password identification;
(3) Selection of one or more of the commodities offered by the suppliers at the Shaper platform and adding them to a list of commodities to be purchased.
(4) Selection of commodities from the list of commodities to be purchased of the particular suppliers at the Shaper platform and to this end purchase contract should be entered.
(5) Provision of data about performing the delivery;
(6) Selection of method and time of price payment.
(7) Confirmation of the order;
VI. CONTRACT CONTENTS
Article 10. (1) The supplier at the Shaper platform and the Users enter individual contracts for purchase of the commodities declared by the Users, even though these have been selected with a single electronic statement and from one list of commodities to be purchased.
(2) The Supplier at the Shaper platform could organize jointly and simultaneously the delivery of the commodities ordered with the individual purchase contracts. The delivery of the commodities ordered by the Users is performed by the supplier of the particular commodity chosen via the Shaper platform and to this end the User should be informed at the time of delivery.
(3) Users’ rights in relation to the delivered commodities should be individually enforced for each purchase contract. Rights enforcement in relation to the delivered commodity does not concern and would not be effective in terms of the contracts for purchasing the other commodities. In the case the User is in the capacity of consumer under Consumers’ Protection Act, enforcing the right to refusal of the contract for purchasing particular commodity does not concern the purchase of the other commodities delivered for the user.
Article 11. When enforcing the rights to the purchase contract the User should define precisely and unambiguously the contract and the commodity in terms of which it enforces its rights.
Article 12. The User could pay the price for the individual purchase contracts as a lump sum when placing the order for the commodities or at the time of their delivery.
VII. SPECIAL CLAUSES THAT APPLY TO INDIVIDUALS WHO HAVE THE QUALITY OF A CONSUMER WITHIN THE MEANING OF CONSUMER PROTECTION LAW
Article 13. (1) The rules under the present section VII of these general terms and conditions would be enforceable only in terms of Users that according to the data provided for entering the purchase contract or at the time of registration in Shaper could be perceived as consumers under the Consumers’ Protection Act, the E-Commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
(2) The Supplier at the Shaper platform does not offer, organize and perform deliveries of drugs provided on the basis of medical prescription to persons in the capacity of consumers under paragraph 1;
Article 14. (1) The main features of the commodities offered by the Supplier at the Shaper platform are defined in the profile of each commodity at the Shaper platform.
(2) The price of commodities including all taxes and fees should be defined by the Supplier at the Shaper platform and the distributors selected by it in the profile of each commodity at the Shaper platform.
(3) The value of postal or transport costs not included in commodities’ price should be defined by the Supplier at the Shaper platform and it should be provided as information to the Users when choosing the commodities for entering the purchase contract;
(4) The manners of payment, delivery and performance of the contract are defined in the present general terms and conditions and the information with which the User is provided via the mechanisms at the Shaper platform.
(5) The information with which the Users are provided under the present article is up-to-date as of the time of its visualization at the Shaper platform before entering the purchase contract.
(6) The Users agree that the whole information required under the Consumers’ Protection Act could be provided via the interface of the Shaper platform or email.
Article 15. (1) The User agrees that the Supplier at the Shaper platform has the right to accept advance payment for the contracts entered with the user for purchasing commodities and their delivery.
(2) The User chooses individually whether to pay the Supplier at the Shaper platform the price for commodities’ delivery before or at the time of their delivery.
(3) In the case the value of User’s order equals or exceeds 15 000 BGN, the payment should be effected only via wire transfer or depositing money to Supplier’s current account.
Article 16. (1) The User has the right, without owing indemnity or default payment and without defining the reason behind this to give up the entered contract for a term of 14 days, as of the date of accepting the commodity from the supplier chosen via the Shaper platform on the grounds of the uniform form for giving up on the contract, accessible at Supplier’s website at the Shaper platform at the following website Information about enforcing the right to refusal is accessible here .
(2) The right to refusal under paragraph 1 is not enforceable in the following cases:
1. for the delivery of commodities elaborated upon consumer’s order or in conformity with its individual requirements;
2. for delivery of commodities that because of their nature could undergo deterioration or have short expiry term;
3. for delivery of sealed commodities that were unpacked after their delivery and cannot be returned because of concerns related to hygiene or health protection;
4. for delivery of commodities that after being delivered because of their nature got mixed up with other commodities and cannot be separated from them;
5. for the delivery of sealed sound records or video records or sealed computer software that were unsealed after the delivery;
6. for delivery of newspapers, periodicals or magazines except for contracts for subscription on the delivery of such editions;
(3) If the Supplier at the Shaper platform didn’t perform its obligations to provide information defined in the Consumers’ Protection Act, the User would have the right to give up the entered contract in one-year term and fourteen days as of the date of receiving the commodity. If the consumers were provided with the information within the refusal term, the latter would become effective as of the date of providing it. The User would have the right to send the refusal statement under the present article directly to the Supplier via the uniform form for giving up on the contract, accessible at Supplier’s website at the Shaper platform at website.
(4) If the User has exercised its right to give up on the contract remotely or outside the point of sale, the Supplier should reimburse all amounts received from the User, including the delivery costs, without undue delay and not later than 14 days, as of the date on which it was notified on user’s decision to give up on the contract. The Supplier should reimburse the received amounts while using the same means of payment utilized by the user for the initial transaction, unless the user expressed its explicit consent to use other means of payment and as long as it is not related to user incurring costs.
(5) When enforcing the right to refusal, the costs for returning the delivered commodities would be on the account of the user and from the amount paid by the user under the contract the costs for returning the commodity would be deducted. The Supplier would not have the obligation to reimburse the additional costs incurred for delivering the commodities, if the user explicitly chose manner of delivering the commodities different from the cheapest type of standard delivery offered by the Supplier. The costs incurred for returning the commodity are the same as the ones for delivery under the tariff of the company utilized for performing the delivery.
(6) The Consumer undertakes to store the commodities received by the Supplier at the platform and ensure the preservation of their quality and safety during the term under paragraph 1. The commodities should be stored in conformity with the requirements defined by the manufacturer.
(7) The Consumer could enforce its right to giving up on the contract with the Supplier after sending statement in writing to the Supplier via the uniform form for giving up on the contract, accessible at Supplier’s website at the Shaper platform at website at the Shaper platform.
(8) If the Supplier at the Shaper platform didn’t suggest collecting the commodities by itself, it could retain the payment of consumer’s amounts until receiving the commodities or until the consumer present proof that it sent the commodities back, depending on which happened earlier.
Article 17. (1) The term for delivering the commodity is defined for each commodity individually at the time of entering the contract with the consumer via Supplier’s website at the Shaper platform.
(2) In the case the Consumer and the Supplier at the Shaper platform didn’t define delivery term, the term for delivering the commodities would be 30 days, as of the date following Consumer’s order sending to the Supplier via Supplier’s website at the Shaper platform.
(3) If the Supplier at the Shaper platform cannot perform the contract because it does not have the ordered commodities at hand, it should notify the consumer to this end and reimburse the amounts paid by it.
Article 18. The Supplier at the Shaper platform undertakes to conform to all requirements established in the Bulgarian legislation concerning labelling, advertising and selling dietary supplements.
VIII. CONTRACTUAL PERFORMANCE
Article 19. (1) The Supplier at the Shaper platform could arrange for the delivery and supply of the commodity to the User by the particular supplier in the term defined at the time of entering the contract.
(2) If the term under paragraph 1 is not explicitly defined between the parties at the time of entering the contract, the Supplier at the Shaper platform arranges for the delivery and submission by the particular supplier or the distributor in reasonable term, but not later than 2 months.
(3) Authorized suppliers at the Shaper platform:
Smart Point LTD
Article 20. (1) The User should review the commodity at the time of delivery and acceptance and if it does not conform to the requirements it should inform the Supplier immediately to that end at the Shaper platform.
(2) If the User does not inform the Supplier at the Shaper platform under paragraph 1 the commodity would be perceived as approved whereas it is conformant with the requirements, except for the hidden defects.
(3) The following cases are not commodity defects:
- particular taste of the dietary supplement and/or food for athletes;
- insufficient stirring of the dietary supplement and/or food for athletes before its use;
- special colour of the dietary supplement and/or food for athletes;
- nonconformity with the taste characteristics of the dietary supplement and/or food for athletes with other dietary supplement and/or food for athletes or with the same dietary supplement and/or food for athletes;
- available mechanisms for automatic or facilitated elimination of the protective membrane of the dietary supplement and/or food for athletes at the time of opening it;
- remaining expiry date of the dietary supplement and/or food for athletes that in view of circumstances could be concluded as sufficient for consumption for the whole dietary supplement and/or food for athletes.
Article 21. The Supplier at the Shaper platform does not undertake to provide the necessary service for the commodity.
Article 22. In view of the cases not settled in the present section the enforceable rules would be the ones of commercial sale defined in the Commercial Act.
IX. PERSONAL DATA PROTECTION
Article 23. (1) The Supplier at the Shaper platform undertakes measures for protecting User’s personal data under the Personal Data Protection Act.
(2) Because of concerns on Users’ personal data security the Supplier at the Shaper platform would send the data only to an email address defined by the Users at the registration time.
(3) The Supplier at the Shaper platform has the right to store the data at the final broadcasting device of the User, if the latter explicitly expressed its lack of consent to this end.
(4) The User or the Consumer agree that the Supplier at the Shaper platform has the right to send at any time electronic messages to the User or the Consumer including newsletter or offers for purchasing commodity as long as User or Consumer’s registration is available in the e-store of the Supplier at the Shaper platform.
(5) The User or the Consumer agree that the Supplier at the Shaper platform has the right to select, store and process the data about User or Consumer’s behaviour when using Supplier’s e-store at the Shaper platform.
Article 24. (1) At any time the Supplier at the Shaper platform has the right to require from the User to identify itself and certify the authenticity of each and every circumstance and personal data announced at the time of registration.
(2) In the case that because of whatever reason the User forgot or lost its username and password, the Supplier at the Shaper platform has the right to enforce the announced “Procedure on forgotten usernames and passwords” available at the following website
X. MODIFICATION AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Article 25. (1) The present general terms and conditions could be modified by the Supplier at the Shaper platform and to this end the latter would inform all registered Users in suitable manner.
(2) The Supplier at the Shaper platform and the User agree that each and every supplementation and modification of the general terms and conditions would be effective towards the User in some of the following cases:
A) after being explicitly notified by the Supplier at the Shaper platform and if the User does not declare in 14-days’ term that it rejects them; or
B) after publishing them at Supplier’s website at the Shaper platform and if the User does not declare in 14-days’ term as of their publication that it rejects them.
C) with its explicit acceptance by the User via its profile at Supplier’s website at the Shaper platform.
(3) The user agrees that all statements made by the Supplier at the Shaper platform in relation to modifying these general terms and conditions should be sent to the email defined by the User at the time of registration. The User agrees that the emails sent under the present article ought not to be signed with electronic signature in order to be effective towards it.
Article 26. The Supplier at the Shaper platform publishes the present general terms and conditions at the website, together with all supplementations and modifications in them.
XI. TERMINATION
Article 27. The present general terms and conditions and the contract entered between the User and the Supplier at the Shaper platform would be terminated in the following cases:
• in the case of terminating and declaring bankrupt or insolvent any contractual party;
• upon parties’ mutual consent expressed in writing;
• if it proves objectively impossible for any contractual party to perform its obligations;
•in the case of expropriating or sealing the equipment by the government bodies;
