General terms and conditions

SUBJECT

Art. 1. These general terms and conditions are intended to regulate the relations between “Better Distributions” OOD, UIC 208499322, with its registered office and registered address in the town of Shipka, 3 Malusha Street, 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 DATA

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

  • Name of the Supplier: "Better Distributions" Ltd., UIC 208499322
  • Registration under the Value Added Tax Act No. BG208499322
  • Headquarters and address for carrying out the activity and address for submitting complaints by consumers: Shipka, 3 Malusha Str., office@bethercosmetics.com, tel.: 0896 741 738.
  • Supervisory authorities:

Personal Data Protection Commission
 Address: Sofia, 2 Prof. Tsvetan Lazarov Street,
 tel.: (02) 940 20 46
 fax: (02) 940 36 40
 Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg

Consumer Protection Commission
 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 FEATURES

Art. 3. Bethercosmetics.com is an e-commerce platform, accessible at the Internet address https://www.bethercosmetics.com/, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier on the platform, including the following:

  • to register and create a profile to browse the Provider's e-store and use the additional services for providing information;
  • to review the goods, their characteristics, prices and delivery terms;
  • to conclude contracts with the Supplier for the purchase, sale and delivery of the goods offered by the bethercosmetics.com platform;
  • to make any payments in connection with the concluded contracts through the bethercosmetics.com platform and through electronic means of payment.
  • to receive information about new goods offered by the Supplier on the bethercosmetics.com platform;
  • to be notified of the rights arising from the law, 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 the goods and guarantees the rights of the Consumers, as provided for by law - under consumer or commercial law.

Art. 5.1. Users conclude a contract for the purchase and 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 Supplier's database on the platform.

Art. 5.2. By virtue of the contract for the purchase and 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 him through the interface on the platform. Users have the right to correct errors in entering information no later than sending the statement for concluding the contract with the Supplier on the bethercosmetics.com platform.

Art. 5.3. Users pay the Provider of the bethercosmetics.com platform remuneration for the delivered goods, in accordance with the conditions set out in the bethercosmetics.com platform and these General Terms and Conditions. The remuneration is in the amount of 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 performance of the purchase and sale contract, may 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 of the site were made by the persons specified in the data provided by the User upon registration, if he has entered the relevant username and password for access.

REGISTRATION TO USE BETHERCOSMETICS.COM

Art. 7.1. In order to use bethercosmetics.com to conclude contracts for the purchase and sale of goods, the User must enter a name and password for remote access chosen by him, by which he is deemed to have accepted these General Terms and Conditions.

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

Art. 7.3. By filling in his/her data and pressing the "Registration" buttons, the User declares that he/she is familiar with these General Terms and Conditions, agrees with their content and undertakes to unconditionally comply with them.

Art. 7.4. The Provider confirms the registration made by the User by sending a letter to the e-mail address specified by him. An account is created for the User and contractual relations arise between him and the Provider.

Art. 7.5. When registering, the User undertakes to provide correct and up-to-date data. When changing them - the User undertakes to promptly update them in his registration.

TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALES AGREEMENT

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

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

  • Registering on the bethercosmetics.com platform and providing the necessary data if the User does not have a registration on the bethercosmetics.com platform yet.
  • Log in to the ordering system on the bethercosmetics.com platform by identifying yourself with a name and password.
  • Possibility of concluding a contract for the purchase and sale of 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 suppliers on the bethercosmetics.com platform and adding them to a list of goods for purchase.
  • Selection of goods from the list of goods for purchase from the relevant suppliers on the bethercosmetics.com platform, for which a purchase and sale contract will be concluded.
  • Providing data for delivery.
  • Choice of method and time for payment of the price.
  • Order confirmation.

SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE CAPACITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION LAW

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 purchase and sale contract or upon registration at bethercosmetics.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. 11.1. The main characteristics of the goods offered by the Supplier on the bethercosmetics.com platform are defined in the profile of each good 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 notice. This is reflected in the bethercosmetics.com platform.

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

Art. 11.5. The value of postal or transport costs, 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 purchase and sale contract.

Art. 11.6. The methods of payment, delivery and performance of the contract are determined in these General Terms and Conditions and the information provided to the User on 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 purchase and sale contract. Due to series updates and other editorial and technical reasons, discrepancies are possible 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 by e-mail.

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

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

  • for the delivery of goods made to order by the User or according to his individual requirements;
  • for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
  • for the delivery of sealed goods that are unsealed after delivery and cannot be returned for reasons related to hygiene, health protection, or whose integrity has been violated by the Consumer;
  • for the return of goods with damaged integrity due to the fault of the Consumer.
  • When the Consumer has exercised his right to withdraw from the contract remotely or outside the business premises, the Supplier shall refund all amounts received from the Consumer no later than 14 days from the date on which they were received by the Supplier. The Supplier shall refund the amounts received after completing the Return, Exchange or Claim Form .

Art. 13.1. The Consumer has the right, without paying compensation or penalty and without giving a reason, to replace the goods from the concluded contract within 14 days from the date of receipt of the goods from the Supplier. To do this, the Consumer must fill out the Return, Replacement or Claim Form and send the goods at his own expense.

Art. 13.2. The Supplier has the right to refuse to replace goods with damaged integrity due to the fault of the Consumer.

Art. 14.1. The delivery time of the goods is up to 3 working days. Important: the delivery time of orders placed during promotions and discounts is up to 7 working days. Delivery is carried out by Speedy.

Art. 14.2. If the Supplier on the bethercosmetics.com platform cannot fulfill the contract due to not having the ordered goods, he is obliged to notify the User of this and refund the amounts paid by him.

CONTRACT PERFORMANCE

Art. 15.1. The consumer 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 shortcomings or defects in the goods, he has the right to file a complaint using the Return, Exchange or Claim Form . The deadline for responding to the complaint is 7 calendar days.

PROTECTION OF PERSONAL DATA

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

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

Art. 16.3. The Provider on the bethercosmetics.com platform has the right to store data on the User's terminal communication device, unless the latter explicitly expresses his/her disagreement with this.

Art. 16.4. The User agrees that the Provider of the bethercosmetics.com platform has the right to contact him in a manner requested by the User upon registration.

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

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

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

Art. 17.2. In the event that for any reason the User has forgotten or lost his/her username and password, the Provider of the bethercosmetics.com platform has the right to apply the announced "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 Provider of the bethercosmetics.com platform, of which the latter will notify all registered Users in an appropriate manner.

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

  • after explicit notification by the Provider on the bethercosmetics.com platform and if the User does not state within the 14-day period provided to him that he rejects them;
  • after their publication on the Provider's website on the bethercosmetics.com platform and if the User does not state within 14 days of their publication that he rejects them;
  • with its explicit acceptance by the User through his profile on the Provider's website on the bethercosmetics.com platform.

Art. 18.3. The User agrees that all statements of the Provider on the bethercosmetics.com platform, in connection with the amendment of these General Terms and Conditions, will be sent to the e-mail address specified upon registration. The User agrees that e-mails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.

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

TERMINATION

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

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

  • by mutual consent of the parties in writing;
  • in the event of objective impossibility of one of the parties to the contract to fulfill its obligations;
  • upon seizure or sealing of equipment by government authorities;
  • in the event of deletion of the User's registration on the bethercosmetics.com platform. In this case, the concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution.

 Art. 21. The Supplier has the right, at its own discretion, without prior notice and without owing compensation, to unilaterally terminate the contract if it establishes 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 standards or generally accepted rules and practices in e-commerce.

RESPONSIBILITY

Art. 22. The User undertakes to indemnify and hold harmless the providers on the bethercosmetics.com platform and the Provider from legal claims and other claims of third parties (regardless of whether they are justified or not), for all damages and expenses (including attorneys' fees and legal costs) arising from or in connection with:

  • failure to fulfill any of the obligations under this contract;
  • infringement of copyright, production 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 terms of the contract;
  • false declaration of the presence or absence of the status of Consumer within the meaning of the Consumer Protection Act.

Art. 23. The Provider is not liable in the event of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.

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

Art. 24.2. The Provider is not liable for material or non-material damages, expressed in lost profits or damages suffered, caused to the User in the process of using or not using bethercosmetics.com and concluding purchase and sale contracts with the Provider.

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

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

OTHER CONDITIONS

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 protect their trade secrets that have become their property in the process of implementing the Agreement and these General Terms and Conditions.

Art. 26. The User and the Provider undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence conducted between them. The publication of correspondence in printed and electronic media, Internet forums, personal or public websites, etc. may be considered public.

Art. 27. In case of a conflict between these General Terms and Conditions and agreements in a special contract between the Provider 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 result in the invalidity of the entire Agreement.

Art. 29.1. For issues not settled in this Agreement, related to the implementation and interpretation of this Agreement, the laws of the Republic of Bulgaria shall apply.

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

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