Published on August 20th, 2015 at 01:02 pm
Terms & conditions
The Terms shall be governed by and interpreted under the laws of the State of New York and Republic of Bulgaria.
Terms and conditions of usage.
I. For these General Terms and Conditions.
1. These Terms and Conditions (the "Terms") govern the relationship between "Proviotic" AD, hereinafter referred to as "Trader /the Trader" or "Proviotic", owner and administrator of this website: " www.proviotic.com " ("Web page and / or the" Site ") on one hand and natural and legal persons, consumers of the Site on the other. These General Terms are binding with respect to all users of the Site, as users agree, accept and undertake to comply with the Terms of Merchant.
2. "Proviotic" AD is a joint-stock company registered in the Commercial Register at the Registry Agency under UIC 202930997. The trader has its registered office and head office at Bulgaria, 1680 Sofia, 58 "Bratya Buckston" blv.
3. Proviotic" AD has the right to unilaterally amend these General Terms and Conditions. When making changes to the Terms, "Proviotic" JSC shall notify users by sending their e-mail and / or published prominently on the site notice for amendment of the General conditions, the text of the amendments or hyperlink to the Site where the amended terms are accessible.
" Virtual POS " is a logical device defined in the banks card system, through which payments for electronic goods and services through the website of the Merchant using a bank card on-line are carried. The platform for Internet trade is serviced entirely by the information systems of the bank with which the merchant has entered into an agreement for servicing payments with local and international debit and / or credit cards on the Internet, without the presence of other firms for transaction processing.
" Remote contract " or just " Contract " is a contract concluded by the trader and the consumer as part of an organized distance sales or service without the simultaneous physical presence of the trader and the consumer, using one or more means of distance communication up to the conclusion of the contract, including the time of signing the contract.
" Privacy / Personal data " represents any information relating to an individual who is identified or can be identified, directly or indirectly through an identification number or to one or more specific signs.
" User " under these Terms and Conditions means any natural or legal person who uses the services, the information, content of the web - page and / or desires by the respective form posted on the Web site to purchase a product or service offered by the trader through the Web page.
"Sale price" is the final price for a unit or given quantity of goods and / or services, including value added tax, shipping costs and all other taxes and fees
" Product " under these General Conditions is each product and / or service offered by the trader via the website.
III. Site Content and Copyright
"Proviotic" AD, as the creator and owner of the website "proviotic.com" entitles the User to load and view all materials published on the Site only for personal non-commercial use, provided that the user observe and comply all copyright and related indications. Not permitted material on this website to be changed in any way, nor be copied, distributed or publicly available to any public or commercial purpose. The materials on this site are protected by law of copyright and related rights and any unauthorized use may be a violation of copyright, trademark or other laws.
IV. Purchase from Site
1. The purchase via the website requires the provision and user input in order to form the necessary data to the Merchant for delivery.
2. To obtain the right to make a valid purchase order of products, users should provide the minimum necessary data and information. Before he/she confirms their order the User should provide the following information: name and surname and/or company name, when the user is a legal person; phone number; e-mail address; shipping address; invoice details. If the user wishes to voluntarily provide other information with a view to carrying out specific supply or the presence of other specific conditions or circumstances on making the delivery, the user indicates that data in the field "Additional information" as a note to the order.
3. Before payment of the order, required of the user is to confirm that he agrees and accepts these Terms and conditions of delivery. After expressing agreement with these Terms it shall be deemed that the User is bound by the provisions of these Terms and undertakes to respect them.
4. The order takes effect between the parties after confirmation of the validity of that by the User via phone connection and / or by sending a message to the provided email address for correspondence.
5. There are no restrictions in the service category of consumers due to age or any other restrictions.
V. Selling price of the products. Invoicing
1. All sale prices of products listed in Euros and include VAT. Selling prices of products also include the cost of delivery.
2. If the user wishes to be invoiced for the purchase, the invoice accompanies the product at the time of delivery and will be delivered by courier the same time. If the user is an individual, the invoice will be mailed out to the email address or with the delivery of the product.
VI. Payment options
1. Electronically through the Virtual POS using a debit or credit card through a payment system provided by the bank with which the merchant has a contract.
VII. Conditions, time and cost of delivery
1. Deliveries are performed by courier to the specified address for delivery. The order can not be sent "on-demand" or "to mailbox".
2. Orders placed and paid electronically within the official working day not later than 14.00 hours, are processed by the Merchant within the same working day. Delivery time in this case is 4 (four) business days depending on the address specified by the user of delivery. Order made on a working day after the specified hours, weekends and holidays are processed within the next working day.
3. Orders with the selected method of payment by "bank transfer" will begin to be processed after receiving of the funds to the bank account of the trader.
4. The cost of delivery is included in the product price. The consumer should not pay anything extra, except the price.
4.1 The cost of delivery is not included in the product price for clients outside the continental USA. In this case the price of delivery is based on current courier tariffs.
5. Upon receiving the product, the user should check the contents of the package match the products from the order placed. When violations in the appearance of products are noted, the User should inform the courier, who must write a damage report for the package and the cost of damaged products are covered by the courier. Otherwise, the user can not make a claim for loss or damaged Product.
VIII. In the event of a problem with an order
1. In the event that the date of the order made and processed, a product is not available and the trader can not deliver the product in the above delivery times or no longer offers the ordered by the User product, a Merchant employee will contact the User on the specified by him telephone number and / or specified email address in the shortest possible period to arrange the actions that are necessary for further performance of the contract or replacement of the product. If the user does not want to order products beyond those delivery times or unwilling to replace the ordered product with another, the trader ensures timely return of the paid by the consumer selling price.
2. If the user has specified inaccurate or incorrect delivery data - name, email address, shipping address, zip code and telephone number, which hinder the performance within the delivery by the trader, the trader will make reasonable efforts the circumstances to contact the user to specify and verify the correct data required for delivery. In this case, the maximum period for delivery will be increased by the time needed to connect and verify the correct data.
3. In the event that within the period of delivery the Trader can not find the user on the given address or a third person to receive and accept the product on behalf of the User and can not connect to him/her by the specified by the User phone contact and email address, the User should further confirm the phone for contact with the Trader if he/her wishes to receive the product after the deadline for delivery. In these cases, the user shall bear all costs for re-delivery.
4. In the event that by fault of the Merchant delivery can not be made within the specified maximum period for delivery for that address, the customer has the right to waive the order made by him, in which case the Trader is due to return the User the full amount of the product price.
IX. Right to refuse a paid order and return the product
1. The customer has the right to give up his/hers order and return the product to the Trader, without giving any reason, without compensation or penalty and without incurring any costs, excluding transport and other costs associated with the return of the Product within 14 days from the date of acceptance of the product by the customer or by the third party that has taken the product on behalf of the user. For the avoidance of doubt, the 14-day period begins to run from the date of the receiving of the products covered by the documents for transfer of the product from the courier employee making the delivery.
2. To be considered valid exercised right to refuse, the User:
2.1. should notify the Merchant of its intention to withdraw from the contract by sending a completed standard withdrawal form of the contract posted on the merchant site or by sending a letter, notification, statement or other written communication which unambiguously clears, that the User wishes to withdraw from the contract. The standard withdrawal form or written communication selected by the user should be sent to the Merchant mailing address or delivered personally by the user or his representative,
2.2. should send / submit a written message according to p. 2.1. before the end of 14 (fourteen) days from the date of receiving the product, and
2.3. should return or send back to the Merchant the product no later than fourteen (14) days from the date of receiving notice of rejection of the contract.
3. When a valid right to refuse an order has been exercised, the Merchant will reimburse the User the paid sale price at the specified by the User bank account or other user-selected method, not later than fourteen (14) days from the date of receiving back to the product or the receipt of proof that the product has been sent to the user.
4. The merchant has the right to withhold the return of the purchase price until he receives the back product or the consumer has supplied evidence of having sent back product to the Merchant.
5. In the case of cancellation of the contract, the costs associated with notifying the seller and sending back the product are entirely for the user.
6. The consumer is not entitled to withdraw from the contract and can not seek reimbursement prices in case the product and packaging are damaged, packaging of the product is opened, printed or otherwise used in a manner that violates the integrity of the product or packaging. In this case, the trader may refuse to refund the sale price for reasons of hygiene and the protection of consumer health.
7. If the product is delivered to the User with damaged packaging or has expired, replacement or return of the product is at the expense of the Merchant.
X. Protection of the personal data of Users.
1. In order to guarantee consumer rights in the processing of their personal data, Merchant states and warrants that provided by the users personal data will not be further used, disclosed and / or transferred to third parties or otherwise processed in any other way than for purposes of these Terms and Conditions, the obligations of the Merchant and / or persons on behalf of him processing the personal data of the Users in connection with the completion of the sale and delivery of ordered / s by the Consumer Product / s.
2. By accepting these Terms and Conditions, the user voluntarily gives its explicit and unequivocal consent his personal data to be processed by the Merchant, its employees and / or persons who work directly under his management, and partners of the Merchant (eg . provider of universal postal services under the Postal Services Act) and / or other legal entities and individuals, with which the Trader cooperates with the aim of receiving, processing, shipment and delivery of the ordered by the User product / s, communication and dispute resolution.
3. In order to execute the order and deliver the product selected by the User he/she is required to provide the Merchant at least the following data and information: name and surname; accurate delivery address, including postcode; phone for communication; e-mail address; invoice data in the event that the user wishes to be issued one and other data provided by the User via the "Notes to the contract."
4. The trader shall ensure that the information provided by the user data is used only for receiving, processing and execution of the order, if needed to contact the User about information in connection with the product, as well as improving quality of service. Upon request, users can receive information and offers about products offered by Merchant from the provision of an email address.
6. The merchant does not collect, record, store or in any other way process data relating to consumer use of electronic payments credit or debit card. The data needed to make the payments is entered by the internet platform provided by the bank that performs the transaction.
XI. Procedure for Dispute Resolution.
In case of dispute or the existence of a matter, whose solution requires the cooperation of the Merchant, the user can connect with the Merchant by phone / and contact or send a free-form query by e-mail . A Merchant employee will contact the user in the shortest possible time to discuss all the issues raised by the user in order to rapidly resolve them in the interest of both sides.
Legal guarantee and alternative dispute resolution
All products presented on the site and / or sold in the online store have a legal guarantee of conformity of the goods with the contract of sale under Art. 112-115 of the CPA. The commercial guarantee does not affect the rights of the consumers arising from the guarantee under Art. 112-115, of the CPA. Notwithstanding the commercial guarantee, the seller is responsible for the lack of conformity of the consumer goods with the contract of sale under the guarantee under Art. 112-115 of the CPA.
Alternative Dispute Resolution Authority within the meaning of Art. 181n, para. 4 of the CPA are the Conciliation Commissions to the Consumer Protection Commission. If you have an online dispute, you can also use https://ec.europa.eu
XII. Addtional provisions.
1. The products offered on the site are not pharmaceutical drugs and in no way should be used as such. The site is in no way responsible for use of the products as drugs. Before use, you must consult a doctor or specialist about how to receive the products. Pregnant women, lactating mothers and children under 18 must consult a doctor or specialist before using the products. If you are taking medication or have a medical condition you must consult a doctor or specialist before taking the products.
2. Certificates of the products are published on the Site www.proviotic.com . Additional product information can be obtained on the following telephone numbers: +359 886 671 994.
3. No prohibitions relating to the export of products are presented on the site and there are no other restrictions imposed by national legislation.
4. The trader is responsible for the contract with the Client, the type, quantity, quality of goods covered by the transaction and related services, and to resolve disputes.
5. Phone and e-mail address for users that can be used to resolve disputes: email@example.com / +359 886 671 994
6. If you have further questions about the contract and delivery, you can contact us on +359 886 671 994.
We use a feature of your internet browser called a 'cookie' on the Proviotic website. We do not use 'cookies' to retrieve personal information about you from your computer. We will only gain such information if you have knowingly and willingly provided such information to us.
At Proviotic we value our customers and understand how important it is to treat the data we capture correctly. We consider this information a vital part of our business, so we can bring you great quality and service. We do not, nor will we ever sell, rent or loan any data to 3rd parties that identifies you without your consent. For further details on how we use your data please read on.
We hope that after you have read our policy you will have sufficient details about the 'cookies' used on the Proviotic website to be reassured that we use them responsibly.
By navigating around the Proviotic website we will assume you are happy with 'cookies' being set by us to improve your experience.
What is a cookie?
A 'cookie' is a very small piece of information in the form of a text file placed on your computer hard drive by lots of the websites that you visit. 'Cookies' allow us to help you get the best out of your visit to the website and improve your user experience. Examples include, remembering your preferences, recording what you have put in your shopping basket, and counting the number of people looking at our websites.
For further information about 'cookies' please visit: https://cookiepedia.co.uk/all-about-cookies
As a global Company with a strong footprint within the European Union (EU). Proviotic is bound by the EU Cookie Directive, (Directive 2009/136/EC) to declare the information we collect and store within ‘Cookies’, and to gain consent to do so from all EU visitors. More information about the EU ‘Cookie Directive’ can be found here: https://cookiepedia.co.uk/eu-cookie-law
While this requirement is not enforced outside the EU, Proviotic supports the spirit of the directive, and the transparency these protections encourage. To better understand the protections that exist in your region please visit: https://cookiepedia.co.uk/cookie-laws-across-europe
How does Proviotic use 'cookies'?
In this policy we have used the following categories of 'cookies':
Strictly Necessary cookies
'Cookies' are set to help support the structure of the pages that are displayed to you. These help the website to function and enhance the look and feel of the website. They can also help to improve navigation around our website and allow you to return to pages you have previously visited. This type of 'cookie' only lasts for the duration of the time you are visiting the website. When you leave the website they are deleted automatically. These cookies are commonly known as ‘Session Cookies’.
In the event that you register for an online account with us (https://shop.Proviotic.com/login.aspx), we may use 'cookies' to make accessing the website more convenient. This information would allow us to welcome you by name, and over time to personalize our website content to reflect your preferences. For security reasons, you will still need to enter your password.
Where features require secure access, our 'cookies' are used to store basic information, like your user Identifier. They do not store password or credit card information.
Our 'cookie' will remain on your hard drive until you choose to clear it. If you choose to do this, you will need to enter your details each time you visit the site It is possible for you to view our websites without providing any personal information but you will need to register your details so we can process any online order you may make.
i.e. Third Party Cookies and Cookies used for Advertising
Proviotic may set 'cookies' on your computer and allow carefully selected third parties to do the same while you are browsing our site. These will collect information about your browsing, and may be used to personalize advertising across other sites on the internet.
In general targeting 'cookies' set by Proviotic are used to help us understand the performance of our own marketing activity and improve the relevance of the content that you see. We may use these 'cookies' to display products and services that we think will interest you.
Should you wish to disable your 'cookies' from your web browser please see Cookie Maintenance.
You can set your browser to accept or reject all specific 'cookies'. You can also set your browser to alert you each time a 'cookie' is presented to your computer. You can delete 'cookies' that have been stored on your computer but remember, if you prevent us from placing 'cookies' on your computer during your visit, or you subsequently delete a 'cookie' that has been placed, it will not be possible for you to use our website effectively.
By disabling your 'cookies' from the browser settings, you will be restricting the 'cookies' that Proviotic uses to manage its website and this will have an impact on how the website will function. This will apply to all websites once 'cookies' are disabled via your browser settings and not only Proviotic websites.
If you would like to restrict or block 'cookies' that are set by us and other websites, you can do this through your web browser settings. Instructions for how to do this for the four most used web browsers are below. For other web browsers, please use the Help function on your browser for details on how to do this. For information on how to restrict or block 'cookies' on your mobile phone, you will need to refer to your handset manual.
How to disable cookies in your browser
Here's how to prevent new cookies from being installed and how to delete existing cookies. The exact procedure depends on which browser you are using.
To prevent new cookies from being installed and delete existing cookies: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
To prevent new cookies from being installed: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
To delete existing cookies: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
To prevent new cookies from being installed and delete existing cookies: https://support.google.com/chrome/answer/95647?hl=en
To prevent new cookies from being installed and delete existing cookies: http://help.apple.com/safari/mac/8.0/#/sfri11471