Terms and conditions for users when using the services provided through the website www.HERBS-DOCTOR.com
This document contains the General Terms and Conditions of the contract for the use of the information services and content available through the www.herbs-doctor.com website, including the terms of the distance-purchase contract that may be concluded through the electronic shop on www.herbs-doctor.com, hereinafter referred to as “the Contract”, and governs the relationship between “BIOMASTER”OOD, UIC 131102513, with headquarters and registered address at: Sofia, 68, Rhodopi str, on the one hand, and any consumer of goods, services or content available through the above mentioned site, on the other.
I. Definitions
Art 1. (1) For the application and interpretation of these General Terms and Conditions, the terms and expressions used shall have the following meanings:
1. „Third party data Service Provider“ shall mean the natural or legal person providing shared hosting services.
2. „Service Provider“ shall be “Dr. BIOMASTER” OOD, a trade company registered in the Commercial Register under UIC 131105213, with headquarters and registered address at: Sofia, 68, Rhodopi str., phone: +359 877 231 599, e-mail address: office@drbiomaster.com, and address for correspondence: 68, Rhodopi str.
3. „Service Provider Online Store“ („the e-shop“) shall be a collection of web pages available through the website www.herbs-doctor.com through which a service is provided for a distance purchase contract between the supplier of services and a particular consumer for specifically selected goods.
4. „Information system“ shall mean any specific device or combination of interconnected related devices which, or at least one of which is intended to store, send or receive electronic documents.
5. „Basket“ shall be a separate graphic element of the website www.herbs-doctor.com, displaying the data of the selected consumer goods that will be the subject of an order.
6. „Mobile device“ shall be a portable device that performs the functions of a computer and contains, but is not limited to, the following hardware and software components: a microprocessor; chipset; operative memory; storage space; a touch screen display of diagonal size equal to or less than 7 inches or 17.78 cm, which allows the visualization of colors, text and images, and/or keyboard; OS; applications; Internet connectivity or wireless connectivity to an electronic communications network of a provider of electronic communications networks and services; etc. Mobile devices include, but are not limited to: smartphones, tablets with a display size of diagonal equal to or less than 7 inches, etc.
7. „Illegal actions“ shall be actions and/or omissions that cause harm to persons using electronic communications networks and services, including the sending of unsolicited commercial communications in violation of applicable law (spam), flood, receipt of access to resources through the use of foreign rights or passwords obtained in an unlawful manner, use of system failures for the purpose of gaining profits for oneself or for others or obtaining information, disturbing the normal work of other users of the Internet or other electronic communications networks, committing acts that can be classified as criminal offenses, including but not limited to damaging or destroying foreign property through unauthorized access to computer systems or information arrays, computer fraud, computer viruses in a computer program or a Trojan horse system, remote control systems, etc., as well as any other actions that can be classified as non permitted damage or administrative violation under the Bulgarian legislation.
8. „Order“ shall mean the completion of the necessary personal data for registration or the use of a previous registration by the Consumer; confirmation by the consumer that he/she is aware of the contents of these terms and conditions, that he/she agrees with them and that he/she is committed to complying with them; selecting a payment method and clicking on the “Buy” button available at the Service Provider’s e-shop, thus making an electronic statement within the meaning of the Electronic Document and Electronic Signature Act and making an offer to the Service Provider for a distance-purchase contract for goods specifically selected by him/her.
9. „Consumer“ shall mean an individual who, in any form, uses the services or content provided via the www.herbs-doctor.com website administered by the Service Provider for personal purposes, including a person who has signed a distance purchase selling through the services of the Service Provider’s e-shop.
10. „Accidental event“ shall be an insurmountable and unavoidable event of an unusual nature unforeseeable at the time of conclusion of the contract, which renders the provision of services objectively impossible.
11. „Shared hosting services“ shall include, but shall not be limited to free disk space provisioning located in the infrastructure of a Service Provider for storing foreign information; providing access to the Admin’s panel for publications processing and administering information stored in the provided disk space; using e-mail; provision of parameters in connection with the execution of the contract service, the bundling Service Provider and the Service Provider for storing foreign information; provision of technical support services; providing a control panel to manage subscriptions and consumer registrations, etc.
12. „Goods“ shall be consumer goods or non-usable movable property that are offered for consideration by the consumer’s Service Provider through the Service Provider’s e-shop.
13. „Content“ shall mean any text, image, sound, video, multimedia, or other audio and/or audiovisual content, link book or any other material, information or digital content, including express opinions published on the www.herbs-doctor.com website by the Service Provider on a non-physical storage Service Provider, which is not supplied on a physical medium and accessed via the www.herbs-doctor.com website.
14. „Web Page“ shall be a hypertext document containing files, images, audio, video and/or audio-visual and other content accessed through a unified resource address (URL).
15. „Website“ shall be a collection of web pages containing text, sound, image, electronic references, computer programs (software), or other materials and resources available on the Internet and accessible on a unified resource address (URL) in an electronic communications network by using a hypertext transfer protocol (http/https).
16. „The website www.herbs-doctor.com“ shall be a website developed, published and administered by the Service Provider and accessible at www.herbs-doctor.com, through which the consumer provides various goods, services and content that are subject to these General Terms and Conditions.
17. „Link Directory“ shall be a hyperlink, referenced on a specific web page, which allows automated forwarding to another web page, information resource or object through standardized protocols.
18. „Services“ are information society services provided through the website www.herbs-doctor.com.
(2) Where applicable, the terms used in singular shall be understood to mean a plural, and vice versa.
II. Subject of the Contract
Art 2. (1) The Service Provider shall provide the consumer through the www.herbs-doctor.com website for free or for remuneration services including, but not limited to, search and retrieval services for information and content accessible to the consumer in the form of text, images, audio, video and/or audiovisual resources, etc., distance selling and delivery services of goods from the e-shop catalog of the Service Provider, sending services of periodical newsletters through e-mail, and any other related services.
(2) The Service Provider shall provide the services to registered and unregistered users according to Art. 4 hereof. In cases where access to a particular service provided through the www.herbs-doctor.com, website requires registration or payment by the consumer, this shall be explicitly indicated on the respective web page.
(3) The Service Provider shall improve periodically the services available through the www.herbs-doctor.com, website in accordance with its activities, modifying their number, characteristics and mode of delivery. In this respect, the Service Provider may create or remove certain service features, as well as suspend their provision in the manner and under the conditions set forth in these General Terms and Conditions.
(4) All services and any form of content provided to the consumer via the www.herbs-doctor.com, website shall be of a purely informational and educational nature. They should not be perceived as health services, medical advice and/or health advice, diagnostic and/or curative-therapeutic activities or as an alternative to such services.
(5) All goods offered by the Service Provider through the e-shop do not represent medicinal products intended for the treatment, prevention or diagnosis of diseases, nor do they replace them. For questions concerning the health of the consumer or third parties, including physiological disturbances, it should immediately be sought by a GP or other qualified medical practitioner.
III. General Terms and Conditions
Art 3. (1) These Terms shall apply to the provision of services through the website www.herbs-doctor.com and constitute a part and parcel of the contract concluded between the Service Provider and the consumer. They shall apply to both registered and non-registered users, taking into account the specificities of the relevant services.
(2) The text of these General Terms and Conditions is available on the Internet at the following address: https://herbs-doctor.com/bg/content/3-общи-условия, in a format that permits its storage and reproduction.
(3) The link to the website under para. 2 above, which contains the text of these terms and conditions, is visible at the bottom of each web page at www.herbs-doctor.com.
(4) These terms and conditions shall be considered binding on the Service Provider from the time of their publication on the website www.herbs-doctor.com.
(5) The Consumer shall be obliged to confirm that he/she is familiar with these General Terms and Conditions in their entirety.
(6) The consumer shall confirm that he/she has reached the age of majority and is legally incapacitated.
IV. Characteristics of Services
Art 4. (1) Services provided through the website www.herbs-doctor.com, that do not require pre-registration of the consumer shall be provided free of charge and include, but are not limited to the provision of information on different types of goods, their essential characteristics, their functions and intended purpose, their nutrient and chemical composition, their manner of use, information on their producer and distributor, the price at which they are sold and delivered by the Service Provider, the monthly receipt of monthly newsletters, containing information about goods at preferential prices, etc.
(2) Services provided through the www.herbs-doctor.com website for remuneration shall require registration of the consumer and shall be provided after the conclusion of a distance-purchase contract under these General Terms and Conditions. These services shall include the supply of different categories of goods offered by the Service Provider’s e-shop, etc.
Член 5. (1) The services under Art. 4, para. 2 of these General Terms and Conditions shall consist in the conclusion of a distance-purchase contract and the delivery of the goods selected by the consumer to an address specified by him/her, located in the Republic of Bulgaria or on the territory of another country of the European Union, against appropriate payment.
(2) The service delivery service of the goods from the Service Provider’s e-shop shall only be provided upon confirmation of a successful order made by the consumer to the Service Provider. The confirmation of the order shall be made by an e-mail sent to the e-mail address provided by the consumer. If the payment method chosen by the consumer is by wire transfer, the Service Provider shall confirm the order made after the Service Provider’s account has been credited with an amount equal to the final cost of the service and a valid order number.
(3) If the consumer has made the order outside the working hours of the Service Provider or on a non-working day, the confirmation process will begin on the first business day following the time of the order. When changing the price of goods during this period, the consumer pays the price at which the order was made. In all other cases, the order confirmation process begins when it is received by the Service Provider.
(4) The Service Provider shall be keen to keep up-to-date information about the goods offered in the e-shop. However, it is possible that due to technical errors, the consumer may make an order for a good that the Service Provider does not have at the moment due to the depletion of the quantities. In such cases, the Service Provider has the right to cancel the order by explicitly notifying the consumer by telephone in the shortest possible time.
(5) The Service Provider shall send the ordered goods within three working days of the confirmation of the order. The delivery of the ordered goods to the address specified by the consumer is carried out by a forwarding company with SPEEDY AD, UIC 131371780, and takes up to three (3) days from sending the order to an address in the Republic of Bulgaria and up to six (6) days of the order at an address located in the territory of another EU country.
(6) On the day of receipt of the order the consumer receives a call or a short text message (SMS) from a representative of the forwarding company for the forthcoming delivery. The Service Provider is not responsible for the actions of the agents of the forwarding company insofar as they are outside the organization and the control of the Service Provider.
(7) The price for using the services under Art. 4, para. 2 shall be determined according to the price of the goods selected by the consumer determined by the Service Provider at the time of the order and the price for the delivery of the goods according to the delivery address specified by the consumer and the current pricing rules set by SPEEDY AD. The final cost of the service, including all taxes and charges, is indicated in a clear and consumer-friendly way on a webpage from the Service Provider’s e-shop before the order is made.
(8) The payment of the due remuneration shall be deemed to have been effected by crediting the bank account of the Service Provider with the due amount or by the surrender of the due amount to the agent of the forwarding company depending on the chosen method of payment.
(9) The Service Provider shall have the right to unilaterally change the price of the goods and the final remuneration due for the use of the services under Art. 4, para. 2. Notwithstanding these changes, the consumer always owes this amount of remuneration, indicated on the webpage of the relevant service at the time of the request.
Art 6. The services under Art. 4, para. 2 of the present General Terms and Conditions shall be provided by the conclusion of the contract for distance-purchase by the order of art. 8 and following of the General Terms and Conditions.
V. Conclusion of the Contract
Art 7. (1) The General Terms and Conditions shall be binding on the parties from the time when the consumer has become aware of their contents and has accepted them, unless otherwise provided.
(2) The Consumer confirms that he/she has understood, agrees with and agrees to comply with the terms of these General Terms and Conditions, with any use of the services and content available through the www.herbs-doctor.com website.
(3) Use within the meaning of the preceding paragraph includes, but is not limited to any opening, visualization, and reproduction of a web page on the www.herbs-doctor.com, website, clicking or tapping a contact pointer visible on the initial (header) page or on any other web page on the www.herbs-doctor.com website, placing an order in the Service Provider’s e-shop.
(4) Should the consumer disagree with any of the provisions contained in these terms and conditions, he/she should not use the www.herbs-doctor.com website or any of the services available through it. If the consumer has already used or uses them, he/she should stop using them immediately and leave the www.herbs-doctor.com website.
Art 8. (1) In order to use the services under Art. 4, para. 2 of these General Terms and Conditions, the consumer shall enter into a distance-purchase contract under these General Terms and Conditions.
(2) The consumer adds the desired items to the e-shop basket and then forms the final look of the basket including the selected goods by clicking the “Order” button. After confirming the desire to order the particular goods, the consumer is given the opportunity to review, check and change the contents of the basket and then make his order.
(3) In order to make his/her order, the consumer shall:
а) register by filling in a valid e-mail address and password that meets the required complexity requirements or use a previous registration;
б) fill in at least the following personal data: name, surname, full address for delivery, contact telephone;
в) choose a delivery method and method of payment;
г) confirm that he or she has become aware of the contents of these General Terms and Conditions and agrees to comply with them by placing a check in the „I agree with the Terms of Use” field, which makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act;
д) click the “Order” button.
(4) Before the final dispatch of the order the consumer shall be provided in full the information about the basic characteristics of the goods and the conditions of the service according to art. 47 and art. 49, para. 2, 4 and 8 of the Consumer Protection Act in close proximity to the „Order” button. In the event that the access to the www.herbs-doctor.com website is made by a mobile device, the consumer is provided as a minimum the information under art. 49, para. 5 of the Consumer Protection Act and access to the full information on the service and the text of these General Terms and Conditions is provided through a contact directory.
(5) In case the selected method of payment is by bank transfer, after pressing the „Order” button under para. 3 (e), the consumer is redirected to a web page containing the following information needed for the bank transfer: the total amount in BGN of the service to be paid; bank account details to which the amount is to be ordered; its holder; data about the bank that administers the bank account; the order number that must be specified by the consumer as the basis for the transfer; as well as telephone number for contact with the Service Provider. An e-mail message containing the same amount of information is also sent to the consumer confirming that the Service Provider has successfully received the order.
(6) If the selected method of payment is Cash on Delivery payment, the consumer is sent an electronic message confirming the successful receipt of the order by the Service Provider as soon as the ”Payment” button under para. 3 (e) is clicked.
(7) Information about the goods offered in the Service Provider’s e-shop should not be considered as a binding service offer for the provider. By clicking on the “Pay” button, the consumer makes a binding bid to buy the selected goods from the Service Provider.
(8) When the payment method chosen by the consumer is billed, upon receipt of the e-mail for a confirmed order under Art. 5 of these General Terms and Conditions in the e-mail specified by the consumer, the consumer’s offer is considered accepted and the distance-purchase contract is considered as concluded.
(9) Where the payment method chosen by the consumer is by bank transfer, the distance-purchase contract cannot be concluded before payment of the due remuneration by bank transfer indicating the contract number as the basis for the transfer. Only after crediting the Service Provider’s account with the amount due from the consumer, the Service Provider has the right to send an e-mail for a confirmed order according to Art. 5 of these General Terms and Conditions. Upon receipt of the e-mail for a confirmed order in the e-mail specified by the consumer, the consumer’s offer is considered accepted and the distance-purchase contract is deemed to have been concluded.
Art 9. When concluding the distance-purchase contract under Art. 6 of these General Terms and Conditions, the Service Provider sends the text of these General Terms and Conditions as an attachment in a standard file format, such as PDF, to the electronic message under Art. 8, para. 9 of the General Terms and Conditions, as well as instructions on the conditions, the term and the manner of exercising the consumer’s right of withdrawal according to Art. 50 of the Consumer Protection Act.
Art 10. The contract shall be concluded in Bulgarian language.
VI. Terms of Service
Art 11. (1) The services under Art. 4, para. 1 of the General Terms and Conditions are freely available and do not require registration.
(2) The services under Art. 4, para. 2 of the General Terms and Conditions shall be granted after registration and execution of the order and payment of the due remuneration.
Art 12. The services provided through the www.herbs-doctor.com website require that the end-consumer terminal from which the services are requested and used is accessible to the consumer.
Art 13. (1) In order to provide the services under Art. 4, para. 2 the Service Provider creates auser’s profile (account) of each consumer who registers according to art. 8.
(2) The profile shall contain at least the following information:
1. History of the requested services under Art. 4, paragraph 2;
2. Available Loyalty Points;
3. Consumer-selected favorites.
VII. Rights and Obligations of the Parties
Art 14. (1) The Consumer has the right of access to the services available through the website www.herbs-doctor.com, subject to the conditions and requirements defined by the Service Provider, the General Terms and Conditions and the current Bulgarian legislation.
(2) The consumer is entitled to use the services available through the www.herbs-doctor.com website for personal purposes only, outside of any commercial or professional activity.
Art 15. (1) The consumer shall have the right to withdraw from the contract at a distance without giving any reason without due compensation or penalty and without paying any expenses within 14 days from the date of delivery of the goods .
(2) The exercise of this right shall be done by filling in and sending the standard paper form accompanying the goods received. The standard paper form is sent along with the goods received by the consumer in their original packaging, unused and without traces of broken commercial appearance, including but not limited to: torn packaging, removed labels, missing parts, etc. Goods must be accompanied by all accompanying documents such as receipt, invoice, instructions for use, etc.
(3) The Service Provider reserves the right not to refund the sums for each product obtained that does not meet the requirements of the preceding paragraph.
(4) All costs of returning the goods in the exercise of the right of withdrawal shall be borne by the consumer.
(5) The Service Provider shall send a confirmation of successfully received goods in a standard file format, such as PDF, immediately after receiving and checking returned goods, to the consumer’s e-mail address specified by the consumer.
Art 16. (1) The consumer has the right to replace goods delivered when the goods are different from the actually ordered.
(2) For the exercise of this right, the consumer shall complete and send the standard paper form which accompanies the goods received. The standard paper form should be sent along with the goods received and should contain an unambiguous indication of the goods actually ordered by the consumer and their quantity. The goods should be in their original packaging, unused and without traces of broken commercial appearance, including but not limited to: torn packaging, removed labels, missing parts, etc. Goods must be accompanied by all accompanying documents such as receipt, invoice, instructions for use, etc.
(3) The Service Provider reserves the right to refuse replacement of any good that does not meet the requirements of the preceding paragraph.
(4) The Service Provider shall send to the consumer’s e-mail address a confirmation of receipt of the goods and confirmation of the substitution right in a standard file format, such as PDF, immediately after receiving and checking returned goods.
(5) All transport costs for the exercise of the consumer’s right under this paragraph shall be borne by the Service Provider.
Art 17. (1) The consumer has the right to claim goods due to their significant non-compliance with the features described in the e-shop of the Service Provider at the time of the order.
(2) The exercise of the right of claim under para. 1 requires the consumer to make a claim to the Service Provider by filling in and sending the standard paper form accompanying the goods received. The standard paper form should be sent along with the goods received, the receipt, invoice, instructions for use, etc.
(3) The standard paper form contains the unambiguous statement by the consumer of the preferred way of satisfying the claim: replacement of the goods with another item by the Service Provider’s electronic shop or refunding of the amount paid. In addition to the statement under the preceding sentence, the consumer’s claim for a claim should contain at least:
а) what constitutes the non-conformity of the good;
б) proof that the due remuneration for the good has been paid before the ground of claim;
в) the amount claimed;
г) contact address;
д) other facts and circumstances which the consumer considers relevant.
(4) Upon receipt of the standard paper form, the Service Provider shall consider the claim for a claim. In case that on the basis of the granted under para. 2 if the claim is found to be warranted, the Service Provider shall provide the consumer with compensation consisting of replacing the goods with another one chosen by the consumer or refunding the amount paid by the consumer.
(5) If the goods selected under the preceding paragraph are offered at the supplier’s e-shop of a higher value than the replaced one, the difference shall be paid by the consumer by bank transfer.
(6) At a lower value of the selected under para. 3 commodity – the difference will be refunded to the consumer in a manner consistent with the method of payment chosen by him/her.
(7) The consumer may exercise his right under para. 1 within 14 days of the finding of the non-compliance, but not later than two years (if applicable) from the date of delivery of the goods.
Art 18. (1) The consumer is not entitled to use the digital or other content provided through the website www.herbs-doctor.com, outside the terms and conditions set forth in these General Terms and Conditions.
Art 19. (1) The Consumer undertakes to observe these General Terms and Conditions and not to perform any illegal actions.
(2) The unauthorized actions of the consumer shall be deemed by the Service Provider to be in breach of these General Terms and Conditions.
(3) The consumer undertakes not to use technology or means other than the technologies and means provided by the website www.herbs-doctor.com and realized through the normal functionality of the website to access digital or any other content available via the website www.herbs-doctor.com.
(4) The consumer undertakes not to present himself or herself to another person or representative of another natural or legal person or group of persons who is not authorized to represent or in any way mislead the Service Provider or third party persons on their identity or belonging to a particular professional or other group.
Art 20. (1) The consumer undertakes to pay, in the manner determined by the Service Provider, the remuneration due for the use of the services under Art. 4, para. 2.
(2) The consumer shall be entitled to receive an invoice issued by the Service Provider for the remuneration he has paid for the use of the services under Art. 4, para. 2 of the General Terms and Conditions. If the consumer wishes to receive an invoice, he must notify the Service Provider and provide him with additional data according to the required invoice details required by the Law on Accountancy and the Law on Value Added Tax.
Art 21. (1) The Service Provider shall provide the Services in accordance with the provisions of these General Terms and Conditions and shall take due care of the reaching of the Goods to the address indicated by the Consumer.
(2) The Service Provider shall be entitled to all fees due by the consumer for the use of the services under Art. 4, para. 2 of the General Terms and Conditions.
Art 22. (1) The Service Provider shall be entitled to send to the consumer the services under Art. 4, para. 2 commercial communications relating to goods provided through the online store at www.herbs-doctor.com upon prior consent of the consumer.
(2) In case of reluctance to receive messages under para. 1 the consumer should declare his/her wish not to receive commercial communications from the Service Provider by clicking on the auto-delete link that is indicated in the contents of the relevant e-mail.
Art 23. (1) The Service Provider shall have the right, after giving a warning to the consumer to the e-mail address specified by him within a reasonable time, to suspend, restrict or change the services under Art. 4 provided to the consumer, as well as to notify the competent state authorities if at the discretion of the Service Provider through his behavior the consumer acts unlawfully, violates the provisions of the existing Bulgarian legislation or the present General Terms and Conditions.
(2) The Service Provider has the right to change the content of the services for their continuous improvement and updating. Information on upcoming changes is published in the form of a message on the website www.herbs-doctor.com within a reasonable time.
Art 24. (1) The Service Provider shall have the right to place electronic links, advertising banners and other advertising forms on goods and services offered by the Service Provider or by third parties on each of the web pages of the website www.herbs-doctor.com, as well as electronic referrals and banner ads pointing to websites outside the control of the Service Provider.
(2) The Service Provider shall exercise due diligence to ascertain whether the content posted on the websites under para. 1 is illegal or detrimental to the rights of third parties. If the Service Provider is notified that content posted on a website outside the control of the Service Provider violates the rights of third parties, the Service Provider immediately removes the contact pointer, the banner ad, or the ad form on that website.
(3) The Service Provider shall not be liable for the content, authenticity and legality of the websites under para. 1 or the content distributed through them as well as services or content made available to the consumer when using the services offered through the www.herbs-doctor.com.
Art 25. (1) The Service Provider shall be entitled to temporarily block or discontinue the provision of services to a consumer who violates his obligations relating to the use of the Services. Access to services can be restored after remedial of the breach and its consequences.
(2) The Service Provider shall notify the consumer of any blocking or interruption of the services under Art. 4, para. 2 on the grounds referred to in para. 1 by sending an e-mail to the e-mail address of the consumer.
(3) In case of numerous and repeated breaches of the General Terms and Conditions by the consumer, the Service Provider has the right to delete the profile after sending an e-mail to the e-mail address of the consumer.
Член 26. (1) The Service Provider undertakes to provide the consumer with the necessary information about the goods offered in the e-shop of the Service Provider and for the services under Art. 4, para. 2 of these General Terms and Conditions, including but not limited to – the terms of payment, delivery, time of service provided by the Service Provider for handling complaints by the consumer, etc.
(2) The Service Provider undertakes to provide the services in a way that does not require the consumer additional costs, including, but not limited to, postal charges, customs taxes and fees.
VIII. Intellectual Property Rights
Art 27. (1) The intellectual property rights of the content on the www.herbs-doctor.com, website are protected by the Copyright and Related Rights Act, the Law on Marks and Geographical Indications and other applicable laws and belong to the Service Provider or designated third parties who have given the Service Provider the right to use the relevant subject-matter.
Art 28. (1) The use of the services and the content contained therein, which contains objects protected by intellectual property rights, in violation of these General Terms and Conditions, except breach of the agreement between the Service Provider and the consumer, may also constitute an infringement of intellectual property rights of third parties.
(2) For any violation under para. 1 the consumer may be liable for civil, administrative or criminal liability, in which case the consumer has the obligation to indemnify the Service Provider or third parties for the damage caused.
IX. Liability and Compensation
Art 29. (1) The Service Provider shall ensure that each good complies with statutory safety requirements before being offered to the Service Provider’s e-shop.
(2) The Service Provider shall not be responsible for the use of the goods beyond the normal and reasonably foreseeable conditions of use, including but not limited to the treatment and prevention of diseases.
(3) The Service Provider shall not be liable for failure to observe the instructions for use given by the manufacturer of a product, including but not limited to exceeding the indicated daily intake, the full replacement of the varied meals with intake of ordered goods.
Art 30. (1) In order to ensure the safety of the goods offered, the Service Provider shall take preventive measures by periodically informing about the risks that each product may pose to the health and safety of consumers and by systematically recording and analyzing the cases of exerted right of reclamation.
(2) For each item, the Service Provider shall provide the consumer with information on the risks associated with its use and the necessary documents necessary to trace the origin of the good.
Art 31. (1) The Service Provider has due diligence in maintaining the content on the www.herbs-doctor.com website always true and up-to-date but does not guarantee the authenticity and completeness of the content and does not commit to specific deadlines for updating the information, unless otherwise stated on the www.herbs-doctor.com website (as applicable).
(2) The Service Provider shall take due care of the permanent access to the services under Art. 4, para. 1, their normal use as well as the delivery of the goods ordered by the consumer, but there is no obligation and he does not guarantee that these goods and services will meet the requirements of the consumer.
(3) The Service Provider shall not be liable for damages suffered by the Consumer as a result of indicating incorrect data by the Consumer upon requesting the services under Art. 4, para. 2.
Art 32. In exercising the right of withdrawal under Art. 15, the right of substitution under
Art. 16 and the right of claim under Art. 17 of these General Terms and Conditions, the risk of loss or damage to the carriage of goods is borne by the consumer when he has chosen a carrier other than that indicated by the Service Provider. In the event of any damage, the consumer may claim compensation from the carrier but not from the Service Provider.
Art 33. (1) The Service Provider shall not be responsible for the availability and quality, including the efficacy, impact, applicability, accuracy, etc., of the goods and services brought to the consumer’s attention by publishing on the www.herbs-doctor.com website. com of electronic links, advertising banners and messages for the sale of goods and the provision of services by third parties.
(2) Insofar as the actions of these third parties are not under the control of the Service Provider, the latter shall not be liable for the unlawful nature of third parties’ activities or for the occurrence, securing, performance, modification and termination of contractual and legal obligations in connection with the proposed from third parties goods and services, and is not responsible for any damages caused by the non-fulfillment of these obligations.
Art 34. The Service Provider shall not be liable for damages to the consumer’s software, hardware or equipment or for the loss of data resulting from content stored or used in any way through the services provided.
Art 35. (1) The Service Provider shall not be liable for failure to provide services in the event of circumstances beyond the control of the Service Provider, including in the event of an accidental occurrence, force majeure, interruption of global or local Internet connection caused by failures in the primary physical infrastructure, improper software configuration, overloading the network, denial of service attacks, and any other service delivery problems beyond the control of the Service Provider, problems due to consumer equipment, as well as in cases of unauthorized access or unlawful interference of third parties in the functioning of information systems of the Service Provider, or ISP service for the storage of information.
Art 36. (1) The Service Provider shall not be liable for damages, including lost profits, resulting from the termination, suspension, modification or restriction of the services under Art. 4, para. 1, as well as the deletion, modification, loss, inaccuracy or incompleteness of messages, materials, information or other content used, recorded or made available through the www.herbs-doctor.com website in connection with these services.
(2) The Service Provider shall not be liable for the damages suffered, including the loss of the consumer or third parties caused by termination of the contract due to non-compliance by the consumer with the requirements of these General Terms, failure to observe the provisions of the current legislation or due to the execution of orders by competent state bodies.
Член 37. (1) The Service Provider shall not be liable for any material and non-material damage to the physical or mental health of the consumer if he uses or perceives the goods as an absolute substitute for balanced and varied nutrition or as substances having properties for treatment or prophylaxis of diseases.
(2) The Service Provider shall not be liable for any material or non-pecuniary damage to the physical or mental health of the Consumer in the event that he receives information or other content available on the www.herbs-doctor.com website, such as a health service, counseling, medical and/or health counseling, diagnostic and/or curative-therapeutic activities.
Art 38. (1) The consumer is responsible for the protection of his or her username, password or any other data provided in connection with the use of the services under these General Terms and Conditions.
(2) The consumer shall immediately notify the Service Provider of any observed case of unauthorized access to the services by using his username and password, as well as in all cases where the consumer is in danger of such use.
(3) The consumer is responsible for all actions performed by using his username and password by him or by third parties in case the consumer has not informed the Service Provider according to para. 2 within a reasonable time.
X. Amendments to General Terms and Conditions
Art 39. (1) Insofar as the services provided by the Service Provider are permanently complemented and modified for the purpose of their development and improvement as well as in view of possible legislative amendments, these General Terms and Conditions may be amended by the Service Provider. The text of the amended terms and conditions shall be published on the www.herbs-doctor.com website within a reasonable time before their entry into force.
(2) In case of amendments to the General Terms and Conditions, the Service Provider shall notify the consumer of the services under Art. 4, para. 2 for the changes made by sending an e-mail to the e-mail address specified by the consumer within 7 days of the occurrence of the respective circumstance.
(3) Except when the amendment to the General Terms and Conditions is the result of an order or instruction of a competent authority, the consumer of the services under Art. 4, para. 2 may disagree with the changes to the General Terms and Conditions by canceling the contract without giving any reason and without indemnity or may continue to comply with the General Terms and Conditions before the amendment.
(4) The consumer exercises his/her right under para. 3 by sending an electronic message to the Service Provider informing him of the exercise of his right under para. 3. The consumer shall send the e-mail within one month of receipt of the notification under para. 2. The electronic message shall be sent from the e-mail address with which the consumer has declared the service under Art. 4, para. 2 and to which was sent the notification under par. 2.
(5) The amendments to the General Terms and Conditions shall be binding on the consumer under the contract, when the consumer is informed about them under the conditions of para. 2 and has not exercised his/her right under para. 3 and 4.
(6) If the consumer continues to use the services and content available through the www.herbs-doctor.com website, after the final entry into force of the amendments to the terms and conditions, the consumer will be deemed to have agreed to the changes to the terms and conditions.
XI. Termination
Art 40. Except as provided in these General Terms and Conditions, the Contract between the Parties shall be terminated upon any of the following circumstances:
1. by mutual agreement of the Service Provider and the consumer;
2. in other cases provided by the law.
Art 41. Each Party shall have the right to terminate the Contract in the event of a breach of obligations of the other Party arising out of these General Terms and Conditions for any reason for which that Party is responsible.
XII. Personal Data Protection
Art 42. The Service Provider shall take the necessary measures to protect the personal data of the consumer according to the requirements of the Personal Data Protection Act and the effective Bulgarian and European legislation. The rules of the Service Provider for data protection are available on the website www.herbs-doctor.com on a webpage at:
XIII. Settlement of Disputes
Art 43. All disputes between the parties arising out of or relating to the contract concluded between them, including matters relating to the interpretation, nullity, performance or termination of the contract, as well as disputes concerning the filling of gaps in the contract or its amendment in relation to new circumstances, will be resolved in a spirit of understanding and good will through negotiation and mutual concessions from the parties. In the event that agreement is not reached, the dispute may be referred for settlement by the competent court in the Bulgarian law in Sofia.
XIV. Additional Arrangements
Art 44. (1) Except as otherwise expressly provided, the terms and conditions set out in these General Termsand Conditions, written statements and communications shall be deemed valid if they are made in the form of a letter of acknowledgment, e-mail, pushing a button or marking a radio button or a check mark on the www.herbs-doctor.com website and the like in so far as the statement is technically recorded in a way that enables it to be played.
(2) Upon the adoption of these General Terms and Conditions and the conclusion of a contract with each other, the Parties expressly agree to consider the exchanged electronic statements between them as received by the addressee’s information system without the need for express confirmation. If the consumer has specified an invalid e-mail address, the statement will be deemed to have been received only by sending it to the Service Provider, even if it has not been received.
Art 45. In the event that one or more of the provisions of these General Terms and Conditions are declared invalid in whole or in part, this shall not result in the invalidity of the Contract, any of its provisions or other individual parts thereof which remain in force between the Parties. The invalid clause is considered to be replaced by the mandatory norms of the law or established practice and customs.
Art 46. The present General Terms and Conditions shall be applied in accordance with the laws of the Republic of Bulgaria, and for all matters not settled by them, the provisions of the applicable legislation of the Republic of Bulgaria shall apply.
These General Terms and Conditions have been adopted by a resolution of the Managing Director of Dr. BIOMASTER OOD on 6th February 2017 and shall enter into force on 6th February 2017.
© 2019 Dr. Biomaster OOD. All Rights Reserved.
The “GENERAL TERMS AND CONDITIONS FOR CONSUMERS USING THE SERVICES PROVIDED THROUGH THE WWW.HERBS-DOCTOR.COM” can be downloaded from here