Terms and Conditions of Use
SUBJECT
Article 1. These general terms and conditions regulate the relationship between “Resport 90” Ltd., UIC 206993347, with its registered office and address of management: Kyustendil, Hristo Botev St., Bl. 27, hereinafter referred to as the "STORE", "Online Store" or "Seller," and the users of the online platform, hereinafter referred to as CLIENTS.
II. INFORMATION ABOUT THE STORE
Article 2. Information in accordance with the Electronic Commerce Act and the Consumer Protection Act: • Name of the Store: "Resport 90" Ltd. • Registered Office and Address of Management: Kyustendil, Hristo Botev St., Bl. 27. • Address for consumer complaints: email: mbiserov@resport.bg, phone: 0896767594. • Registration in public registers: UIC 206993347 mbiserov@resport.bg, телефон 0896767594. Вписване в публични регистри: ЕИК 206993347
Supervisory Authorities:
5.1 Commission for Personal Data Protection
• Address: Sofia, Prof. Tsvetan Lazarov Blvd. № 2
• Tel.: (02) 915 35 25
• Fax: (02) 915 35 05
• Email: kzld@government.bg, kzld@cpdp.bg
• Website: www.cpdp.bg
5.2. Commission for Consumer Protection
• Address: 1000 Sofia, Slaveykov Sq. № 4A, Fl. 3, 4, and 6
• Tel.: 02 / 980 25 24
• Fax: 02 / 988 42 18
• Hotline: 0700 111 22
• Website: www.kzp.bg
III. WHAT IS THE STORE'S PLATFORM?
Article 3. For the purposes of these general terms and conditions:
"Resport 90" Ltd. is the creator and owner of an e-commerce platform accessible on the Internet at https://resport.bg.
"Resport 90" Ltd. is an entity engaged in the trade or delivery of goods, referred to for short as the Supplier.
A Client is any user who has registered to use the services offered by "Resport 90" Ltd. on the website https://resport.bg or has made an order/reservation by phone or on the above-mentioned website.
Article 4. Through the platform, the Client is provided with the opportunity to register and create a profile in the Store's electronic store, to make an order for the selected goods without registration and profile creation, to view the offered goods, including their characteristics, prices, and delivery terms, to receive information about new goods and services (for registered Clients only), to enter into sales and delivery contracts, and to make payments related to them through the provided electronic means of payment, to submit electronic statements in connection with the conclusion and/or performance of contracts, to be informed about their rights, and to exercise their right of withdrawal when applicable under the Consumer Protection Act.
Article 5. The Supplier offers the goods to the Client in the electronic store resport.bg, organizes the methods for concluding a sales and purchase contract, and makes the delivery. The Supplier ensures the rights of the Client provided by law and adopted in commercial practice.
Article 6. (1) The Client concludes a sales contract with the Store for the selected goods according to the procedure indicated on the platform, at the address https://resport.bg. The contract is concluded in Bulgarian and is stored in the Store's database on the platform.
(2) The amount due for the order is determined by the prices announced on the platform resport.bg on the date of the contract's conclusion.
(3) By the concluded sales contract with the Client, the Supplier undertakes to organize the delivery and transfer of ownership of the goods selected by the Client.
(4) If the Client indicates a delivery method for the goods outside the options announced on the platform, the Supplier has the right to refuse the conclusion of the sales and delivery contract.
Article 7. (1) The Client and the Supplier on the platform resport.bg agree that all statements between them regarding the conclusion and execution of the sales contract can be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Article 11 of the Electronic Commerce Act.
(2) The Client and the Supplier on the platform resport.bg agree that the electronic statements made by the Client on the website of the electronic store are made and will be considered as made by the person specified in the data provided by the Client during registration, as the Client has entered the corresponding name and password for access, respectively by the person specified in the data provided by the Client during the order without registration.
CLIENT REGISTRATION FOR USING THE PLATFORM
Article 8. (1) The Client must enter a selected name and password for remote access to be able to use the electronic store for concluding sales contracts and delivery of goods, with which it is considered that they have accepted these general terms and conditions.
(2) Registration on the Store's website on the platform resport.bg is carried out according to the procedure described below.
(3) The Client may request to change their password. This is a procedure only for already validly registered Clients who wish to change their password. The Client enters their already created profile. From the drop-down menu, they select the "Change Password" option, enter the old password, followed by entering the new password for future use. Confirmation of the new password is required, and after this step, they are provided with the option to "Save" the new password. The use of the platform can begin immediately after completing the described steps.
(4) In case of a forgotten password, the Client can restore access to their profile by following the procedure:
From the provided menu, the Client selects the function: "Forgot Password." The platform requires entering the email address used for registration. After entering it, the system automatically sends a link for password renewal. The Client must enter the new password. Confirmation of the new password is required, and after this step, they are provided with the option to "Save" the new password. The use of the platform can begin immediately after completing the described steps.
(5) When registering, the Client is obliged to provide accurate and current data. The Client is obliged to update the data specified in their registration promptly in case of any changes.
PROCEDURE FOR CONCLUDING A SALES AND DELIVERY CONTRACT
Article 9. Using the interface on the Store's electronic store page, to conclude sales and delivery contracts for the offered goods, the Client must follow the following steps:
From the platform's Home page, the Client selects the "Menu" section, followed by selecting the "Category Selection" submenu and the "Product Selection" submenu. Using the "Buy" button icon, the system automatically adds the selected product to the cart. After selecting one or more of the items offered on the platform and adding them to the purchase list, the Client can check all the added products using the cart icon.
The system redirects to the Client's profile by identifying with the name and password, where the Client must confirm the entered delivery address or enter another delivery address. After making the selection, the Client selects the "Save and continue" function.
If the Client wishes to receive an invoice upon receiving the order, they must fill in the necessary invoice details. After making the selection, the Client selects the "Save and continue" function.
The Client selects a payment method for the price.
The Client can make a note regarding the order, describe requirements, preferences, and other circumstances related to the products and/or delivery.
The Client confirms their agreement to accept the General Terms and Conditions. In the absence of explicit consent to accept the General Terms and Conditions, the system does not accept the order and sends a reminder to the Client to accept them.
Finalizing the order. The Client selects the "Complete order" function.
Confirmation of order acceptance on the platform and to the email address provided by the Client.
CONTENT OF THE CONTRACT
Article 10. (1) For the goods selected with one electronic statement and from one purchase list, it is considered that the Client and the Store conclude separate sales contracts for the goods ordered by the Client.
(2) The delivery of the goods ordered under the separate sales contracts may be organized together and simultaneously by the Store.
(3) The Client is obliged to pay under the contracts the value of the received goods and the cost of their delivery according to the following payment methods:
Cash on delivery – in this case, a representative of resport.bg is an external courier company and is authorized to receive the price of the goods and delivery in cash.
(4) Upon payment, the Client receives the ordered goods accompanied by the following documents: acceptance-transfer protocol; fiscal cash receipt, invoice (if the Client has requested in their order's requirements).
(5) The Client's rights concerning the delivered goods are exercised separately for each sales contract, respectively for each item or product. The exercise of rights concerning delivered goods does not affect or have any impact on the sales contracts for other goods. If the Client has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right to withdraw from the sales contract for a specific item does not affect the sales contracts for the remaining delivered goods.
(6) The Client has the right to withdraw from the received goods from the Store within 1 (one) day from the moment of delivery to the Client. Nevertheless, the Client is obliged to store the received goods in accordance with the storage requirements specified on their packaging until they are handed over to a person designated by the Store. The Client bears the costs of returning the respective products.
Article 11. When exercising the rights under the sales contract, the Client is obliged to specify exactly and unambiguously the order number and the item number of the goods concerning which the rights are being exercised.
Article 12. The Client may pay the price for the individual sales contracts made with one order at once when ordering the goods or upon their delivery. The payment is due collectively for all the contracts concluded with the order for the amount of the accompanying delivery document.
VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO ARE CONSUMERS UNDER THE CONSUMER PROTECTION ACT
Article 13. The rules of this section VII of these general terms and conditions apply only to Clients who, according to the data provided for concluding the sales contract or during registration at resport.bg, can be concluded as 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.
Article 14. (1) The main characteristics of the goods offered by the Store on the resport.bg platform are defined in the profile of each item located in the electronic store. The photo/image of the goods is only for product specification. Upon delivery, deviations from the specific image are possible without unilaterally changing the appearance of the item and the contract.
(2) The final price of each item on the platform is determined by the Store in the profile of each item on the resport.bg platform.
(3) The methods of payment, delivery, and contract execution are determined in these General Terms and Conditions and the information available to the Client on the electronic store's website.
(4) The information provided to the Client under this article is current at the time of its visualization on the resport.bg platform before concluding the sales contract.
(5) The Client agrees that all information required by the Consumer Protection Act may be provided through the resport.bg platform interface, by email, or by phone.
Article 15. The Client agrees that the Store on the resport.bg platform has the right to accept advance payment for the concluded sales contracts for goods and their delivery.
Article 16. (1) Regarding perishable goods, the subject of the order, the Client has the right to withdraw within 1 hour from the moment of delivery.
(2) The right of withdrawal under paragraph 1 does not apply in the following cases:
• For the delivery of goods made to the Client's order or according to their individual requirements;
• For the delivery of sealed goods that have been unsealed after delivery and cannot be returned for hygiene or health protection reasons;
• For the delivery of goods that, after being delivered and due to their nature, have been mixed with other goods from which they cannot be separated;
(3) When the Client exercises their right of withdrawal from the distance contract, the Supplier refunds all amounts received from the Client, including delivery costs, without undue delay and no later than 14 days from the date on which the Supplier was informed of the Client's decision to withdraw from the contract. The Supplier refunds the received amounts using the same payment method used by the Client for the initial transaction unless the Client has explicitly agreed to another payment method and provided that this does not incur any costs for the Client.
(4) When exercising the right of withdrawal, the costs of returning the delivered goods are deducted from the refund amounts under paragraph 3 unless the Client organizes the return of the goods themselves and at their expense. The Supplier is not obliged to refund the additional costs of delivering the goods when the Client has explicitly chosen a delivery method different from the cheapest standard delivery method offered by the Store.
(5) The Client is obliged to store the received goods from the Store in the platform and ensure their quality and safety during the period under paragraph 1.
Article 17. (1) The delivery time of the goods is determined for each item separately when concluding the contract with the Client through the Store's website on the resport.bg platform.
(2) If the Supplier cannot fulfill the contract because they do not have the ordered goods, they must notify the Client and refund the amounts paid by them if paid in advance when ordering.
Article 18. The Supplier on the resport.bg platform undertakes to comply with all requirements established in Bulgarian law regarding the labeling, advertising, and sale of dietary supplements.
VIII. OBLIGATIONS OF THE PARTIES UNDER THE CONTRACT
Article 19. (1) The Store on the resport.bg platform is obliged to organize the delivery and transfer of the goods to the Client within 48 hours of accepting the request and receiving confirmation from the Client by email by receiving an order number for the respective order.
(2) If the Store fails to organize the delivery within the period specified in the previous paragraph, they must notify the Client in advance.
(3) If the Client is not present at the specified delivery address within the delivery period, the Store will make the delivery at another convenient time, and the Client is obliged to pay additionally the amount of the price and for the second delivery if there is one.
(4) If the Client specifies in the note to a specific order an alternative Recipient of the goods with their name, delivery address, email address, and phone number, then, for the Store, this person will have all the rights and obligations of the Client under the contracts included in the order, and the Client agrees that they will be responsible for all actions and inactions of the specified Recipient as if they were their own.
Article 20. (1) The Client must inspect the goods at the time of delivery and transfer, and if they do not meet the requirements, they must notify the Store immediately at the phone number specified on the resport.bg platform or the Store's email address.
If the Client does not notify the Store in the manner provided in paragraph 1, the goods are considered approved as meeting the requirements, except for hidden defects.
The carrier of the shipment is not authorized to negotiate delivery terms, make decisions, or make partial deliveries.
The carrier is authorized only to:
• Deliver the shipment and accompanying documents;
• Attend as a representative of resport.bg during the inspection of the goods and to certify the conformity of the described in the acceptance-transfer protocol with the delivered goods;
• Collect the price in case of cash on delivery payment;
• Participate in creating a statement protocol for irregularities found concerning the goods and delivery;
• Receive returned goods in case of complaints and in the return procedure.
Article 21. For cases not covered in this section, the rules for commercial sales defined in the Commercial Law, the Electronic Commerce Act, the Food Act, and the Consumer Protection Act apply.
PROTECTION OF PERSONAL DATA
Article 22. (1) The Store on the resport.bg platform takes measures to protect the Client's personal data under the Personal Data Protection Act.
(2) For security reasons regarding the Client's personal data, the Store on the resport.bg platform will send the data only to the email address provided by the Client during registration.
(3) The Store on the resport.bg platform has the right to store data on the Client's terminal communication device unless the Client explicitly expresses their disagreement with this.
(4) The Client-Consumer agrees that the Store on the resport.bg platform has the right to send electronic messages to the Client at any time, including a newsletter or offers to purchase goods, while the Client is registered on the Store's electronic store.
Article 23. (1) At any time, the Store on the resport.bg platform has the right to require the Client to identify themselves and verify the authenticity of any of the circumstances and personal data declared during registration.
AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
Article 24. (1) These general terms and conditions may be amended by the Store on the resport.bg platform, and the latter will notify all registered Clients in an appropriate manner.
(2) The Store on the resport.bg platform and the Client agree that any additions and amendments to these general terms and conditions will take effect on the Client in one of the following cases:
• After explicitly notifying the Client by the Store on the resport.bg platform, and if the Client does not declare within the provided 14-day period that they reject them; or
• After their publication on the Store's website on the resport.bg platform, and if the Client does not declare within 14 days of their publication that they reject them;
• With their explicit acceptance by the Client through their profile on the Store's website on the resport.bg platform.
(3) The Client agrees to be informed of changes to these General Terms and Conditions during their next login to the resport.bg system. The Client agrees that the changes published on the resport.bg page and their announcement under this article do not need to be signed with an electronic signature to have an effect on them.
Article 25. The Store publishes these general terms and conditions at https://resport.bg/page/terms-and-conditions, along with all additions and amendments to them.
TERMINATION OF THE GENERAL TERMS AND CONDITIONS AND THE CONTRACT
Article 26. These general terms and conditions and the contract concluded between the Client and the Store on the resport.bg platform are terminated in the following cases:
• (1) Upon death, termination, liquidation, or bankruptcy of one of the parties to the contract;
• (2) By mutual agreement of the parties, formalized in writing;
• (3) In the event of objective impossibility for either party to fulfill their obligations;
• (4) In case of seizure or sealing of equipment by state authorities;
• (5) In case of cancellation of the Client's registration on the resport.bg platform. In this case, the concluded but unfulfilled sales contracts remain in force and are subject to execution.
Article 27. The Store has the right at its discretion, without notice, and without compensation to unilaterally terminate the contract if it finds that the Client uses the resport.bg platform in violation of these general terms and conditions, the legislation of the Republic of Bulgaria, generally accepted moral norms, or generally accepted rules and practices in electronic commerce.
XII. LIMITATION OF LIABILITY
Article 28. The Client undertakes to indemnify and hold harmless the suppliers on the resport.bg platform and the Store in case of legal claims and other claims by third parties (whether justified or not) for all damages and costs (including attorney fees and court costs) arising from or in connection with (1) non-compliance with any of the obligations under this contract, (2) improper transfer to others of the rights granted to the Client for the duration and under the contract terms, and (3) falsely declaring the presence or absence of consumer status under the Consumer Protection Act, (4) Claims regarding the quality of goods and/or their packaging and labeling.
Article 29. The Store is not liable in case of force majeure, accidental events, problems in the Internet, technical or other objective reasons, including orders from competent state authorities.
Article 30. (1) The Store is not liable for damages caused by the Client to third parties.
(2) The Store is not liable for property or non-property damages expressed in lost profits or suffered damages caused to the Client during the use or non-use of resport.bg and the conclusion of sales contracts with the Store.
(3) The Store is not liable for the time during which the platform was not accessible due to force majeure.
(4) The Store is not liable for damages from comments, opinions, and publications under the products, news, and articles on the resport.bg platform.
Article 31. (1) The Store is not liable in case of overcoming the security measures of the technical equipment and resulting loss of information, distribution of information, access to information, restriction of access to information, and other similar consequences.
(2) The Store is not liable in case of concluding a sales contract, providing access to information, loss or change of data due to false representation of a third party posing as the Client if it can be inferred from the circumstances that this person is the Client.
XIII. OTHER CONDITIONS
Article 32. (1) The Client and the Store on the resport.bg platform undertake to protect each other's rights and legal interests, as well as to keep trade secrets, which became known to them in the process of fulfilling the contract and these general terms and conditions.
(2) The Client and the Store undertake during and after the expiration of the contract not to make publicly available written or verbal correspondence conducted between them. Public disclosure may be considered the publication of correspondence in printed and electronic media, internet forums, personal or public websites, etc.
Article 33. In case of contradiction between these general terms and conditions and agreements in a special contract between the Store on the resport.bg platform and the Client, the clauses of the special contract shall take precedence.
Article 34. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.
Article 35. For unresolved issues related to the execution and interpretation of this contract, the laws of the Republic of Bulgaria apply.
Article 36. These general terms and conditions come into effect for all Clients on 01.2024.