General terms and conditions

SUBJECT MATTER

Art. 1. These General Terms and Conditions are intended to regulate the relationship between "Better Distributions" Ltd., UIC 208499322, with headquarters and management address in Shipka, "Malusha" St. 3, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as USERS, of the e-commerce platform "www.bethercosmetics.com", hereinafter referred to as "bethercosmetics.com".

SUPPLIER INFORMATION

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

  • Name of the Supplier: "Better Distributions" Ltd., UIC 208499322
  • VAT registration number BG208499322
  • Headquarters and address for business activity and address for consumer complaints: Varna, "Dr. Stoyan Zlatarov" St. 1A, office@bethercosmetics.com, tel: 0896 741 738.
  • Supervisory bodies:

Commission for Personal Data Protection
Address: Sofia, "Prof. Tsvetan Lazarov" St. No. 2,
tel: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg

Commission for Consumer Protection
Address: 1000 Sofia, "Slaveykov" Square No. 4A, floors 3, 4 and 6,
tel: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp

PLATFORM CHARACTERISTICS

Art. 3. Bethercosmetics.com is an e-commerce platform, accessible at https://www.bethercosmetics.com/, through which Users can enter into contracts for the sale and delivery of goods offered by the Supplier on the platform, including the following:

  • to register and create a profile to browse the Supplier's online store and use additional information services;
  • to view goods, their characteristics, prices, and delivery conditions;
  • to enter into contracts with the Supplier for the sale and delivery of goods offered on the bethercosmetics.com platform;
  • to make all payments related to the contracts concluded through the bethercosmetics.com platform and through electronic payment methods.
  • to receive information about new goods offered by the Supplier on the bethercosmetics.com platform;
  • to be notified of their statutory rights, primarily through the interface of the bethercosmetics.com platform on the Internet;
  • to exercise their right of withdrawal, where applicable under the Consumer Protection Act.

Art. 4. The Supplier on the bethercosmetics.com platform organizes the delivery of goods and guarantees the Users' rights provided by law - under consumer or commercial law.

Art. 5.1. Users enter into a contract for the sale of goods with the Supplier on the bethercosmetics.com platform, at https://www.bethercosmetics.com/. The contract is concluded in Bulgarian and is stored in the database of the Supplier on the platform.

Art. 5.2. Under the contract for the sale of goods concluded with the Users, the Supplier on the bethercosmetics.com platform undertakes to organize the delivery and transfer of ownership to the User of the goods specified by them through the platform interface. Users have the right to correct errors in entering information no later than the submission of the statement for concluding the contract with the Supplier on the bethercosmetics.com platform.

Art. 5.3. Users pay the Supplier of the bethercosmetics.com platform remuneration for the delivered goods, in accordance with the terms defined on the bethercosmetics.com platform and these General Terms and Conditions. The remuneration is equal to the price announced on the bethercosmetics.com platform.

Art. 6.1. The User and the Supplier on the bethercosmetics.com platform agree that all statements between them, in connection with the conclusion and execution of the contract of sale, can be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.

Art. 6.2. It is assumed that the electronic statements made by the Users on the website are made by the persons specified in the data provided by the User when registering, if they have entered the corresponding name and access password.

REGISTRATION FOR USING BETHERCOSMETICS.COM

Art. 7.1. In order to use bethercosmetics.com to conclude contracts for the sale of goods, the User must enter a username and password for remote access chosen by them, which is considered an acceptance of these General Terms and Conditions.

Art. 7.2. The username and password for remote access are determined by the User by performing an online registration on the Supplier's website on the bethercosmetics.com platform, in accordance with the procedure specified therein.

Art. 7.3. By filling in their data and clicking the "Register" buttons, the User declares that they are familiar with these General Terms and Conditions, agree with their content, and undertake to comply with them unconditionally.

Art. 7.4. The Supplier confirms the registration made by the User by sending a letter to the e-mail address provided by them. A User account is created, and contractual relations arise between the User and the Supplier.

Art. 7.5. When registering, the User undertakes to provide true and up-to-date data. In case of changes, the User undertakes to update them promptly in their registration.

TECHNICAL STEPS FOR CONCLUDING A SALES CONTRACT

Art. 8. Users use the interface of the Supplier's page on the bethercosmetics.com platform to conclude contracts for the sale of goods offered by the suppliers on the bethercosmetics.com platform.

Art. 9. Users conclude the contract for the sale of goods on the bethercosmetics.com platform through the following procedure:

  • Registration on the bethercosmetics.com platform and provision of the necessary data if the User does not have a registration on the bethercosmetics.com platform until now.
  • Logging into the ordering system on the bethercosmetics.com platform by identifying with a username and password.
  • Option to conclude a sales contract for goods on the bethercosmetics.com platform without the User being a registered user on the bethercosmetics.com platform.
  • Selecting one or more of the goods offered by the suppliers on the bethercosmetics.com platform and adding them to a list of goods for purchase.
  • Selecting goods from the list of goods for purchase from the respective suppliers on the bethercosmetics.com platform, for which a sales contract is to be concluded.
  • Providing data for delivery.
  • Choosing the method and time of payment.
  • Order confirmation.

SPECIAL CLAUSES APPLICABLE TO PERSONS WHO ARE CONSUMERS WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT

Art. 10. The rules of this Section VI of these General Terms and Conditions apply only to Users for whom, according to the data provided for the conclusion of the sales contract or during registration on bethercosmetics.com, it can be concluded that they are Consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011.

Art. 11.1. The main characteristics of the goods offered by the Supplier on the bethercosmetics.com platform are defined in the profile of each product on the bethercosmetics.com platform.

Art. 11.2. The price of the goods, including all taxes and fees, is determined by the Supplier on the bethercosmetics.com platform in the profile of each product on the bethercosmetics.com platform.

Art. 11.3. The prices of the goods, including all taxes and fees, may be changed by the Supplier without any warning. This is reflected on the bethercosmetics.com platform.

Art. 11.4. Each product on promotion is marked with a special sign.

Art. 11.5. The cost of postal or transport expenses, which are not included in the price of the goods, is determined by the Supplier on the bethercosmetics.com platform and is provided as information to the Users when selecting the goods for concluding the sales contract.

Art. 11.6. The payment, delivery, and contract execution methods are defined in these General Terms and Conditions and the information provided to the User of the bethercosmetics.com platform.

Art. 11.7. The information provided to Users under this article is current at the time of its visualization on the bethercosmetics.com platform, before the conclusion of the sales contract. Due to series updates and other editorial and technical reasons, discrepancies may occur between the images published on the platform and the products received by the User upon purchase.

Art. 11.8. Users agree that all information required by the Consumer Protection Act may be provided through the interface of the bethercosmetics.com platform or via email.

Art. 12.1. The User has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days, counting from the date of receipt of the goods. The transportation costs for returning the purchased products are at the expense of the User.

Art. 12.2. The right of withdrawal under the preceding paragraph does not apply in the following cases:

  • for the supply of goods made to the User's order or according to their individual requirements;
  • for the supply of goods which, by their nature, may deteriorate or expire quickly;
  • for the supply of sealed goods which have been unsealed after delivery and cannot be returned for reasons related to hygiene, health protection, or whose integrity has been compromised by the User;
  • for the return of goods with compromised integrity due to the User's fault.
  • When the User has exercised their right of withdrawal from a distance or off-premises contract, the Supplier shall refund all payments received from the User no later than 14 days from the date on which the Supplier received them. The Supplier refunds the received amounts after filling out the Return, Exchange, or Complaint Form.

Art. 13.1. The User has the right, without owing compensation or penalty and without stating a reason, to exchange the goods from the concluded contract within 14 days, counting from the date of receipt of the goods from the Supplier. To do this, the User must fill out the Return, Exchange, or Complaint Form and send the goods at their own expense.

Art. 13.2. The Supplier has the right to refuse to exchange goods with compromised integrity due to the User's fault.

Art. 14.1. The delivery period for goods is up to 3 business days. Important: the delivery period for orders placed during promotions and sales is up to 7 business days. Delivery is carried out by Speedy.

Art. 14.2. If the Supplier on the bethercosmetics.com platform cannot fulfill the contract because they do not have the ordered goods, they are obliged to notify the User and refund the amounts paid by them.

CONTRACT PERFORMANCE

Art. 15.1. The User must inspect the goods at the time of delivery and handover, and if they do not meet the requirements, refuse the delivery.

Art. 15.2. If the User finds hidden defects in the goods, they have the right to file a complaint through the Return, Exchange, or Complaint Form. The response period for the complaint is 7 calendar days.

PERSONAL DATA PROTECTION

Art. 16.1. The Supplier on the bethercosmetics.com platform takes measures to protect the personal data of the User, in accordance with the Personal Data Protection Act.

Art. 16.2. For security reasons, the Supplier on the bethercosmetics.com platform will send data only to an e-mail address that was specified by the Users at the time of registration.

Art. 16.3. The Supplier on the bethercosmetics.com platform has the right to store data on the User's end communication device, unless the latter explicitly expresses their disagreement.

Art. 16.4. The User agrees that the Supplier of the bethercosmetics.com platform has the right to contact them in the manner requested by the User during registration.

Art. 16.5. The User agrees that the Supplier of the bethercosmetics.com platform has the right to collect, store, and process the User's data when using the Supplier's online store on the bethercosmetics.com platform.

Art. 16.6. Bethercosmetics.com processes personal data of its clients in accordance with the Privacy Policy, which is an integral part of the General Terms and Conditions.

Art. 17.1. At any time, the Supplier on the bethercosmetics.com platform has the right to require the User to identify themselves and verify the accuracy of any of the circumstances and personal data declared during registration.

Art. 17.2. In case the User has forgotten or lost their username and password for any reason, the Supplier of the bethercosmetics.com platform has the right to apply the declared "Procedure for lost or forgotten usernames and passwords", available at: https://www.bethercosmetics.com/ > login > forgotten password.

AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 18.1. These General Terms and Conditions may be amended by the Supplier of the bethercosmetics.com platform, for which the latter will notify all registered Users in an appropriate manner.

Art. 18.2. The Supplier on the bethercosmetics.com platform and the User agree that any additions and amendments to these General Terms and Conditions will be effective for the User in one of the following cases:

  • after explicit notification by the Supplier on the bethercosmetics.com platform and if the User does not declare within the given 14-day period that they reject them;
  • after their publication on the Supplier's website on the bethercosmetics.com platform and if the User does not declare within 14 days of their publication that they reject them;
  • with explicit acceptance by the User through their profile on the Supplier's website on the bethercosmetics.com platform.

Art. 18.3. The User agrees that all statements of the Supplier on the bethercosmetics.com platform, in connection with the amendment of these General Terms and Conditions, will be sent to the e-mail address provided during registration. The User agrees that electronic letters sent under this article do not need to be signed with an electronic signature to be effective against them.

Art. 19. The Supplier publishes these General Terms and Conditions at https://www.bethercosmetics.com/, along with all additions and amendments thereto.

TERMINATION

Art. 20. These General Terms and Conditions and the User's Agreement with the Supplier on the bethercosmetics.com platform are terminated in the following cases:

upon termination and liquidation or declaration of insolvency of one of the parties to the contract;

  • by mutual written agreement of the parties;
  • in case of objective impossibility of either party to the contract to perform its obligations;
  • upon seizure or sealing of equipment by state authorities;
  • in case of deregistration of the User from the bethercosmetics.com platform. In this case, concluded but unfulfilled sales contracts remain in force and are subject to execution.

 Art. 21. The Supplier has the right, at its discretion, without prior notice and without owing compensation, to unilaterally terminate the contract if it determines that the User is using the bethercosmetics.com 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 e-commerce.

LIABILITY

Art. 22. The User undertakes to indemnify and hold harmless the suppliers on the bethercosmetics.com platform and the Supplier against lawsuits and other claims by third parties (whether justified or not), for all damages and expenses (including legal fees and court costs), arising from or in connection with:

  • non-fulfillment of any of the obligations under this contract;
  • infringement of copyright, producer's rights, broadcasting rights, or other intellectual or industrial property rights;
  • unlawful transfer to other persons of the rights granted to the User, for the term and under the conditions of the contract;
  • false declaration of the presence or absence of the quality of User within the meaning of the Consumer Protection Act.

Art. 23. The Supplier is not liable in case of force majeure, unforeseen events, Internet problems, technical or other objective reasons, including orders from competent state authorities.

Art. 24.1. The Supplier is not liable for damages caused by the User to third parties.

Art. 24.2. The Supplier is not liable for pecuniary or non-pecuniary damages, expressed as lost profits or suffered damages, caused to the User in the process of using or not using bethercosmetics.com and concluding sales contracts with the Supplier.

Art. 24.3. The Supplier is not liable for the time during which the platform was unavailable due to force majeure.

Art. 25. The Supplier is not liable in case of overcoming the security measures of the technical equipment and subsequent loss of information, dissemination of information, access to information, restriction of access to information, and other similar consequences.

OTHER TERMS

Art. 26.1. The User and the Supplier on the bethercosmetics.com platform undertake to mutually protect their rights and legitimate interests, as well as to keep their trade secrets, which became known to them in the process of executing the Agreement and these General Terms and Conditions.

Art. 26. The User and the Supplier undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence conducted between them. Public disclosure may include publishing correspondence in print and electronic media, Internet forums, personal or public websites, and others.

Art. 27. In case of a contradiction between these General Terms and Conditions and agreements in a special contract between the Supplier on the bethercosmetics.com platform and the User, the clauses of the special contract shall prevail.

Art. 28. The possible invalidity of any of the provisions of these General Terms and Conditions shall not lead to the invalidity of the entire Agreement.

Art. 29.1. For matters not covered by this Agreement, related to its execution and interpretation, the laws of the Republic of Bulgaria shall apply.

Art. 29.2. The User has the right to refer all disputes with the Supplier, regarding the execution of this Agreement, to the alternative dispute resolution (ADR) platform out-of-court, available at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show.

In case of failure to reach an agreement for out-of-court dispute resolution, the parties may refer the dispute for resolution by the competent Bulgarian courts and the Consumer Protection Commission.