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Terms of service

Terms and conditions of online store OhGood.eu

 

I. SUBJECT

Art. 1. These General Terms and Conditions are intended to regulate the relations between "Good Company" Ltd., UIC 206761135, with registered office and management address. Sofia, Sofia Blvd. "Novoto Livade" № 2, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as the USER AND/OR USER, of the e-commerce platform ohgood.eu, hereinafter referred to as "ohgood.eu".


II. SUPPLIER DATA

Art. 2. Information according to the Law on e-commerce and the Law on Consumer protection:

  1. Name of the Supplier.
  1. Headquarters and registered office. 1. Bulgaria, "Novoto Livade" № 2
  1. Address for exercising the activity and address for addressing complaints from users. Bulgaria, Sofia, Sofia Blvd. "2, Novoto Livade
  1. Bulgaria, gr. Bulgaria, Sofia, № "Sofia, Bulgaria, № 2 Novoto Livade
  1. UIC 206761135
  1. Email: support@ohgood.eu
  1. Website: ohgood.eu

Supervisory bodies:

(1) Commission for Personal Data Protection

Address. 1. "Prof. 2,

Tel.: (02) 940 20 46

Fax: (02) 940 36 40

Email: kzld@government.bg, kzld@cpdp.bg

Website: www.cpdp.bg

(2) Consumer Protection Commission

Address. Sofia, Slaveykov Square №4A, floors 3, 4 and 6,

Tel.: 02 / 980 25 24

Fax: 02 / 988 42 18

Hotline: 0700 111 22

Website: www.kzp.bg


III. PLATFORM FEATURES

Art. 3. Ohgood.eu is an e-commerce platform available at the Internet address http://www.ohgood.eu, through which Users have the opportunity to conclude contracts for the purchase and delivery of the goods offered by the Supplier on the platform, including the following:

  1. To register and create an account to view the Supplier's e-shop and use the additional services for providing information;
  1. To view the goods, their characteristics, prices and delivery terms;
  1. To conclude with the Supplier contracts for the purchase and delivery of the goods offered on the Ohgood.eu platform,
  1. To make any payments in connection with the concluded contracts, including through electronic means of payment.
  1. To receive information about new goods offered by the Supplier on the Ohgood.eu platform;
  1. To make electronic statements in connection with the conclusion or performance of contracts with the Supplier on the Ohgood.eu platform through the interface of the Ohgood.eu website, available on the Internet;
  1. To be notified of the rights arising from the law, primarily through the interface of the Ohgood.eu platform on the Internet;
  1. To exercise their right of claims, withdrawal, return and exchange, where applicable, under The Act on the Supply of Digital Content and Digital Services and the Sale of Foods, the Consumer Protection Act and all other acts of the Bulgarian and European legislation that are in force.

Art. 4. The Supplier on the Ohgood.eu platform organizes the delivery of the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, the criteria and conditions accepted in practice, Consumer or commercial law.

Art. 5. (1) The Users shall conclude with the Supplier on the Ohgood.eu platform a contract for the purchase and sale of the goods, at http://www.Ohgood.eu. The contract shall be concluded in Bulgarian and stored in the Supplier's database on the platform.

(2) By virtue of the contract for the purchase of goods concluded with the Users, the Supplier in the Ohgood.eu platform undertakes to arrange the delivery and transfer of ownership of the User of the goods specified by him through the interface in the platform. Users have the right to correct errors in the input of information no later than making the statement of conclusion of the contract to the Supplier on the Ohgood.eu platform.

(3) The Users shall pay the Provider on the Ohgood.eu platform remuneration for the delivered goods in accordance with the conditions set out in the Ohgood.eu platform and these General Terms and Conditions. The remuneration shall be equal to the price announced on the Ohgood.eu platform. In case of a technical error of the price, the Supplier shall immediately notify the User of the correct price of the product and shall be entitled to refuse an order due to a misstatement of its actual price.

Art. 6. (1) The User and the Supplier on the Ohgood.eu platform agree that all statements between them in connection with the conclusion and performance of the purchase contract may be made electronically and by electronic statements within the meaning of the Electronic Document and Electronic Trust Services Act and Article 11 of the Electronic Commerce Act.

(2) Electronic statements made by Users of the Website shall be presumed to have been made by the persons indicated in the data provided by the User when registering, if the User has entered the corresponding username and password.


  1. REGISTRATION FOR USE OF Ohgood.eu

Art. 7. (1) In order to use Ohgood.eu for the conclusion of contracts for the purchase and sale of goods, the User shall enter a remote access name and password of his choice or shall identify himself through his facebook or google account, whereby he shall be deemed to have accepted these General Terms and Conditions. Acceptance of these terms and conditions shall also be made upon finalization of any order by the User.

(2) The name and password for remote access shall be determined by the User, by performing an online registration on the Supplier's website on the Ohgood.eu platform, in accordance with the procedure set out therein. Users have the possibility to place orders delivery of goods and profile from the social networks facebook and google.

(3) By filling in his/her details in the shopping cart and clicking on the "Complete Order" button, 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.

(4) The Supplier confirms the order made by the User by e-mail. The User's account is created and a contractual relationship is established between the User and the Supplier.

(5) When registering or placing an order, the User undertakes to provide correct and up-to-date data. The User undertakes to promptly update the data provided in the registration or order in the event of a change.

 

  1. TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT

Art. 8. (1) Users shall primarily use the interface of the Supplier's page on the Ohgood.eu platform to conclude purchase contracts for the goods offered by the Suppliers on the Ohgood.eu platform.

(2) In the case of ordering goods without registration by the User, the latter accepts these General Terms and Conditions from the moment of finalizing the order.

Art. 9. Users conclude the contract for the purchase and sale of the goods on the Ohgood.eu platform according to the following procedure:

(1) Login to the system for placing orders on the Ohgood.eu platform.

(2) Selecting one or more of the goods offered by the Supplier on the Ohgood.eu platform and adding them to a list of goods for purchase.

(3) Providing the necessary data for the User's individualization as a party to the contract.

(4) Provision of data for making the delivery;

(5) Selecting the method and time of payment of the price.

(6) Confirmation of the order;

 

  1. CONTENTS OF THE CONTRACT

Art. 10. (1) The Supplier and the Users shall conclude separate contracts for the purchase of the goods requested by the Users, notwithstanding that they have been selected by a single electronic statement and from a single list of goods to be purchased.

(2) The Supplier may arrange for the delivery of the goods ordered with the separate purchase contracts together and simultaneously.

(3) The rights of the users in relation to the delivered goods shall be exercised separately for each purchase and sale agreement. Exercise of rights in a delivered ctoĸa shall not affect and shall have no effect in relation to contracts for the resale of other ctoĸas. In the event that the User has the status of a Consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract for the sale of a specific product shall not affect the contracts for the sale of other products delivered to the User. Consumers benefit from a legal guarantee of conformity of the goods with the contract of sale.

(4) In the case of delivery of goods that are delivered promotionally together with other goods in a set, the rules for delivery and return of the respective set as announced in the profile of the goods in the e-shop shall prevail.

Art. 11. When exercising the rights under the purchase contract, the User shall be obliged to indicate precisely and unambiguously the contract and the goods in respect of which he exercises the rights.

Art. 12. (1) The User may pay the price for the individual purchase contracts at once when ordering the goods or upon their delivery.

(2) In respect of goods which are supplied on a promotional basis together with other goods in a set, the price for the set applies only in its entirety and is indivisible for the individual goods of the set.

(3) In the event that the Supplier accepts the return of one item from a set under paragraph (2), the User shall be entitled to a refund for the returned item from the set which shall be proportional to the ratio of the prices of the items from the set in the Supplier's e-shop when they are not offered in a set with each other.

Art. 12A. (1) When the User purchases goods from the Supplier with the use of a promotional code or other type of promotion or discount, the rules set out for it in the Ohgood.eu platform or in the platform of the respective partner of the Supplier through which the discount is provided shall apply to the use of the respective promotion, respectively discount.

(2) If the Supplier has announced on the Ohgood.eu platform that he is giving away certain goods on the first order of a certain monetary value or on an order that meets certain requirements set by the Supplier (for example, an order of a certain good, of a certain value, in a certain order, within a certain period and other similar order parameters), the User shall be entitled to receive the announced gift under the conditions set out in the Ohgood.eu platform - including the conditions regarding the type and quantity of gifts.

(3) Where the announced gift is specified by type and quantity, it is automatically added to the order that meets the requirements for receiving a gift in connection with it (e.g. a specifically specified model, size and colour of a gift shaker, of which the Supplier gives one unit with the relevant order).

(4) Where the User has the opportunity to select and specify the gift, the User may only select within the type and quantity of gifts that are announced for the relevant order (e.g. the User's selected size of a particular model of T-shirt, of which the Supplier gives one item for the order).

(5) If the User chooses a gift without meeting the requirements for receiving it, he/she is not entitled to receive the gift, even if he/she has received an email confirmation of the order with the gift added to it. The User will be notified in each order confirmation email that if he/she does not meet the requirements to receive a gift, the gift will not be provided to him/her, notwithstanding that it has been added to the order.

(6) Where the Supplier has announced that he is giving away certain goods on the first order that meets certain requirements, the User shall be entitled to receive the announced gifts on the first order that meets those requirements, regardless of whether the User has previously placed orders that did not meet those requirements or that were placed before the announcement of the gift promotion.

(7) Where the User has placed an order that meets the requirements to receive a Gift but has not exercised his right to receive the Gift when placing the order, he is not entitled to receive the Gift in relation to the order already placed thereafter and could only receive the Gift on a subsequent order that meets the requirements to receive a Gift.

(8) Where the Supplier has announced the giving of more than one gift when placing an order that meets certain requirements (e.g. a gift T-shirt and shaker on a first order over €50 including powder products) and at the same time has only announced the gift of some of the gifts when placing an order that meets part of the requirements (e.g. a gift T-shirt on a first order over €50, regardless of whether the order includes powdered products), the User may only receive a total of one of each gift (e.g. if the User has already received a t-shirt for a first order over €50 without powdered products, and then has a second order over €50 that includes powdered products, for the second order they would only receive a shaker without a second t-shirt).

Art. 12B. (1) The User shall be entitled to subscribe for periodic deliveries of goods from the Supplier free of charge through his account on the Ohgood.eu platform as regulated in this Article. For all deliveries of goods under subscription, the User shall receive a 15% discount on the prices of the goods set in the Ohgood.eu platform. The discount shall not apply to the price of delivery.

(2) When the User subscribes to periodic deliveries of goods from the Supplier, he shall choose a delivery period of at least two weeks and no more than eight weeks, as well as the type and quantity of goods he wishes to be delivered periodically. The selected parameters for the deliveries specified in the preceding sentence may be changed by the User through his account on the Ohgood.eu platform at any time according to his preferences.

(3) When requesting the first order under the subscription, the User shall enter his/her bank details to make payment by bank card, and the details shall be saved in the Supplier's system for subsequent payments. When the day for the next subscription delivery arrives, the Supplier shall automatically collect payment from the User for the delivery by direct debit from the bank card for which details have been provided. Payments for subsequent deliveries may require the User's confirmation, depending on the terms of use of the User's bank card.

(4) The Supplier shall send the User e-mails about upcoming subscription deliveries three days before each delivery in order to inform the User about the upcoming delivery and about the User's opportunity to cancel the subscription or change the delivery parameters specified in paragraph 2. By accepting these Terms and Conditions, the User declares that he/she agrees to receive such e-mails and to pay for each delivery under the terms of the subscription.

(5) Where the User on subscription avails of a promotion or discount under Article 12A of these General Terms and Conditions, the promotion or discount under Article 12A, as the case may be, shall be used in conjunction with the subscription discount under Article 12B, par. 1 once for the first specified delivery, and for subsequent subscription deliveries the User shall only be entitled to use the discount under Art. 12B, par. 1.

(6) The User is entitled to terminate his subscription at any time via his account or by e-mail sent to support@ohgood.eu, without having to give notice. If the Supplier has already taken action to deliver goods under the subscription when the User terminates the subscription, the User shall be obliged to pay for such a delivery and the termination of the subscription shall take effect thereafter.

 

VII. SPECIAL CLAUSES APPLICABLE TO PERSONS HAVING THE CAPACITY OF CONSUMER WITHIN THE MEANING OF THE LAW ON CONSUMER PROTECTION AND THE LAW ON THE PROVISION OF DIGITAL CONTENT AND DIGITAL SERVICES AND ON THE SALE OF GOODS

Art. 13. The rules of this Section VII of these General Terms and Conditions shall apply only to Users who, according to the data provided for the conclusion of the purchase contract or upon registration at Ohgood.eu, may be inferred to be Consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act, the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.

Art. 14. (1) The main characteristics of the goods offered by the Supplier on the Ohgood.eu platform are defined in the profile of each good on the Ohgood.eu platform.

(2) The price of the goods including all taxes and fees shall be determined by the Supplier on the Ohgood.eu platform in the profile of each good on the Ohgood.eu platform.

(3) The value of postage or shipping costs not included in the price of the goods is determined by the Supplier on the Ohgood.eu platform and is provided as information to Users when selecting the goods for the conclusion of the purchase contract and before finalizing the order.

In the event of non-receipt by a User of goods sent more than once, the Supplier reserves the right to:

- Charge the User shipping costs for each subsequent order;

- not to grant the right of withdrawal from purchased goods for a period of more than 14 calendar days;

- not provide gifts with the User's subsequent orders;

- refuse the "Price Protection" in case the User invokes it.

(4) The methods of payment, delivery and performance of the contract are defined in these General Terms and Conditions and the information provided to the User through the mechanisms on the Ohgood.eu platform.

(5) The information provided to the Users under this Article is up-to-date at the time of its visualization on the Ohgood.eu platform prior to the conclusion of the Purchase and Sale Agreement.

(6) The Users agree that all information required by the Consumer Protection Act and the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods may be provided through the interface of the Ohgood.eu platformor by e-mail.

Art. 15. (1) The user agrees that the providers on the Ohgood.eu platform are entitled to accept advance payment for the contracts concluded with the user for the purchase and sale of goods and their delivery.

(2) The User independently chooses whether to pay the Supplier on the Ohgood.eu platform the price for the delivery of the goods before or at the time of their delivery.

(3) If the value of the User's order is equivalent to or exceeds BGN 10 000 (ten thousand Bulgarian levs), payment shall be made only by bank transfer or deposit to the Supplier's payment account.

Art. 16. (1) The User shall have the right, without due compensation or penalty and without giving any reason, to withdraw from the concluded contract within 14 calendar days from the date of acceptance of the goods by the User through the single withdrawal form, available on the Supplier's website on the Ohgood.eu platform at Ohgood.eu/pages/terms-and-conditions in Appendix № 1 to these General Terms and Conditions or through the module, separated on the Supplier's website. Information on the exercise of the right of withdrawal is available at Ohgood.eu/pages/terms-and-conditions in Appendix № 2 to these General Terms and Conditions.

(2) The right of withdrawal under par. 1 shall not apply in the following cases:

for the delivery of goods made to the Consumer's order or according to his individual requirements;

for the delivery of goods which by their nature may deteriorate in quality or have a short shelf life;

the delivery of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;

for the delivery of goods which, having been delivered, have by their nature become mixed with other goods from which they cannot be separated;

for the supply of sealed sound or video recordings or sealed computer software which have been unsealed after delivery, including activation codes for software licences, functions in software or virtual means of payment.

for the supply of newspapers, periodicals or magazines, excluding subscription contracts for the supply of such publications;

(3) Where the supplier on the Ohgood.eu platform has not fulfilled its obligations to provide information as set out in the Consumer Protection Act, the User shall have the right to withdraw from the concluded contract within one year and 14 calendar days from the date of receipt of the goods. Where the information is provided to the Consumer within the withdrawal period, the withdrawal period shall start from the date of its provision. The User has the right to submit the withdrawal statement under this Article directly to the Supplier through the single withdrawal form available on the Supplier's website on the Ohgood.eu platform at ohgood.bg/pages/terms-and-conditions by Annex № 1 to these General Terms and Conditions.

(4) Where the Consumer has exercised his right of withdrawal from the distance contract or from the off-premises contract, the Supplier shall refund all sums received from the Consumer without undue delay and no later than 14 days from the date on which he was notified of the Consumer's decision to withdraw from the contract and in the event that he has already received back the goods subject to the contract. The Supplier shall reimburse the sums received by bank transfer, unless the Consumer has expressly agreed to use another means of payment, this sentence shall apply in the event that the right of withdrawal is exercised within 14 days of receipt of the goods and the goods are sent back to the Supplier within this 14-day period. The restrictions for payments above BGN 10 000 (ten thousand Bulgarian levs) apply for this article as well. In the event that the right of withdrawal is exercised after the 14th day of receipt of the goods and/or the goods are sent back to the Supplier after the 14th day of receipt by the User, by the 30th day of receipt, the amounts paid for the goods shall be refunded only in the form of a credit to the User‘s personal profile on the Supplier‘s website or by issuing a voucher in the User‘s name. In the event that the Consumer wishes to have the sums due under the withdrawal from the Contract, exercised within 14 days of receipt of the goods, refunded by postal order/money order, the service fee charged by the relevant courier/postal operator shall be at the expense of the Consumer and shall be determined by the courier/postal operator. The supplier cannot influence, determine or benefit from this charge in any way.

In the event that goods for which the Consumer has cancelled the contract within 14 days of receipt of the goods have been paid for by card, the refund shall be made only on the same bank account, connected with the card used for payment.

(5) Where the right of withdrawal is exercised, the costs of returning the goods delivered shall be borne by the Consumer pursuant to Article 55(2) of the Consumer Protection Act. The Supplier shall also not be obliged to reimburse the additional costs of the original delivery of the goods where the Consumer has expressly chosen a method of delivery of the goods other than the free standard delivery offered by the Supplier.

(6) The User undertakes to store the goods received from the Supplier on the platform and to ensure that their quality and safety are maintained during the period referred to in para. 1.

(7) The User may exercise the right to withdraw from the contract with the Supplier by sending a written statement to the Supplier through the standard withdrawal form available at Ohgood.eu/pages/terms-and-conditions on the Ohgood.eu platform in Appendix 1 to these General Terms and Conditions or through the module on the Supplier's website.

(8) Where the Supplier on the Ohgood.eu platform has not offered to collect the goods himself, he may withhold payment of the amounts to the User until he has received the goods or until the User has provided proof that he has sent the goods back, whichever is the earlier.

(9) In the case of delivery of goods that are delivered together with other goods in a set (so-called bundle goods), upon the exercise of the Consumer's right of withdrawal under this Article and the requirements of the Consumer Protection Act, when the Consumer chooses to return the entire set, it must be returned as received and in commercial form.

(10) Notwithstanding the above, the User shall return the goods in a commercial condition. Merchantable means in a form that allows the subsequent sale of the goods as new. The unpacking of the goods must not have led to an obvious impairment of the commercial appearance of the goods. In the event that the merchantability of the goods is impaired, the Supplier shall be entitled, at its discretion, to refuse to accept withdrawal from the contract or to charge the Consumer the costs of restoring the goods to merchantable condition. Pursuant to Article 55(4) of the CPA, the Consumer shall be liable for the diminished value of the goods caused by testing them other than as necessary to ascertain their nature, characteristics and proper functioning.(11) In the event of exercising the right of withdrawal under this Article, the User shall be deemed to have exercised the right of withdrawal with respect to the bonus content belonging to the goods.

(12) When returning the goods, the User shall be obliged to return them together with the complete set received, as well as all accompanying documents - receipt, invoice, acceptance protocol, warranty card (if such are issued).

(13) When returning the goods, the User is obliged to return also all the gifts he has received together with the ordered goods, in case such were sent by the Supplier.

(14) In the case of a purchase made by a legal person, the provisions of the Obligations and Contracts Act shall apply, which shall derogate from these General Terms and Conditions the part concerning consumers.

Art. 17. (1) The seller shall be liable for any lack of conformity which exists at the time of delivery of the goods and which becomes apparent within two years from that time. The warranty term shall be suspended during the time required to repair (where applicable) or replace the goods.

(2) Where the goods fail to meet the subjective requirements for conformity with the contract, the objective requirements for conformity and the requirements for assembly or installation of the goods, the Consumer shall be entitled to:

  1. make a claim, asking the Supplier to bring the goods into conformity;
  2. receive a proportionate reduction of the price;
  3. rescind the contract.

(3) In the cases under item 2 of paragraph 1, the Consumer may choose between repair and replacement, unless the remedy chosen would be impossible or would impose costs disproportionate costs on the Supplier, taking into account all the circumstances of the case, including:

  1. the value the goods would have if there were no lack of conformity;
  2. the significance of the lack of conformity; and
  3. whether the alternative remedy could be provided without significant inconvenience to the Consumer.

(4) The Supplier may refuse to bring the goods into conformity if repair and replacement are impossible or would impose disproportionate costs on the seller, taking into account all circumstances, including those under items 1 and 2 of paragraph 3.

(5) The Consumer shall be entitled to either a proportionate reduction of the price in or the rescission of the sales contract in accordance in the following cases:

  1. the seller has not completed repair or replacement of the goods in accordance with Article 18, paragraphs 1 and 2, or, where applicable, has not completed repair or replacement in accordance with Article 18, paragraphs 3 and 4, or the seller has refused to bring the goods into conformity in accordance with paragraph 3;
  2. a lack of conformity appears despite the attempts of the seller to bring the goods into conformity; in event of a lack of conformity of durable goods and goods with digital elements, the seller shall be entitled to make a second attempt to bring the goods into conformity within the two-year warranty period;
  3. the lack of conformity is of such a serious nature as to justify an immediate price reduction or rescission of the sales contract; or
  4. the seller has declared, or it is clear from the circumstances, that the seller will not bring the goods into conformity within a reasonable time, or without significant inconvenience for the consumer.

(6) The consumer shall not be entitled to rescind the contract if the lack of conformity is only minor. The burden of proof with regard to whether the lack of conformity is minor shall be on the seller.

(7) The consumer shall have the right to withhold payment of any outstanding part of the price or a part thereof until the seller has fulfilled its obligations to bring the goods into conformity.

Art. 18. (1) The repair or replacement of the goods shall be carried out free of charge within one month from the notification of the Consumer to the Supplier of the non-conformity and without significant inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which they were needed by the Consumer.

(2) Where the non-conformity is remedied by repair or replacement of the goods, the Consumer shall make the goods available to the Supplier. Upon replacement of the goods, the Supplier shall take the replaced goods back from the Consumer at his own expense.

(3) Where the carrying out of repairs (where and if applicable) requires the removal of the goods which were installed in accordance with their nature and purpose before the non-conformity occurred, or where those goods are to be replaced, the Supplier's obligation to repair or replace the goods includes the removal of the non-conforming goods and the installation of the replacement goods or the repaired goods, or bearing the cost of removing and installing the goods.

(4) The consumer is not liable to pay for the normal use of the replaced goods for the time before they are replaced.

Art. 19. The price reduction shall be in proportion to the difference between the value of the goods received by the Consumer and the value the goods would have had if there had been no lack of conformity.

Art. 20. (1) The Consumer shall exercise his right to terminate the contract by an application to the Supplier informing him of his decision to terminate the contract of sale.

(2) Where the non-conformity relates only to some of the goods supplied pursuant to the contract of sale and there is a ground for rescission pursuant to Article 17, the Consumer shall be entitled to rescind the contract of sale only in respect of those goods which do not conform and in respect of any other goods which he has acquired together with the goods which do not conform, if it cannot reasonably be expected that the Consumer will agree to retain only the goods which conform.

(3) Where the Consumer cancels the contract of sale in whole or in part only in respect of some of the goods supplied pursuant to the contract of sale, the Consumer shall return those goods to the Supplier without undue delay and not later than 14 days from the date on which the Consumer notified the Supplier of his decision to cancel the contract of sale. The deadline shall be deemed to have been met if the Consumer has returned or sent the goods back to the Supplier before the expiry of the 14-day period. All costs for the return of the goods, including dispatch of the goods, shall be borne by the Supplier.

(4) The Supplier shall refund to the User the price paid for the goods upon receipt. The Supplier is obliged to reimburse the amounts received using the same means of payment used by the User in the original transaction, unless the User has expressly agreed to use another means of payment and provided that this does not entail any costs for the User.

Art. 21. (1) The User shall exercise his/her rights under Art. 17, para. 2 of these General Terms and Conditions through a written application to the Provider, sent via the feedback form on the website or via the Provider's email address, containing:

  1. Three names;
  2. Address;
  3. Telephone number;
  4. Email address;
  5. Description of the non-conformity of the goods;
  6. Preferred method of satisfying the complaint, respectively the amount claimed;
  7. Attached documents on which the claim is based - receipt, invoice or other document certifying the purchase of the goods and payment of its price, photo of the non-conformity of the goods, etc.

(2) The User shall be obliged to send the goods to the Supplier within 3 days when requested by the Supplier in response to the submitted claim. If the Consumer fails to provide the necessary assistance to the Supplier to process the claim within the said period, the Supplier shall not be liable for any other non-conformity of the goods that may arise after the said period.

Art. 22. (1) The Supplier shall keep a register of claims for goods submitted to it and to persons authorised by it at each of the places referred to in par. 3.

(2) In the case of a complaint, the persons referred to in par. (1) shall be obliged to describe it in the register, and an email shall be sent to the User containing the date, the number under which the claim is entered in the register, the type of goods and the name of the person who accepted the claim.

(3) Acceptance of complaints shall be carried out from 10:00 to 17:00 via the feedback form on the Supplier's website or via the Supplier's e-mail address.

(4) When the Seller satisfies the complaint, he sends an email for this to the Consumer.

 

VIII. PERFORMANCE OF THE CONTRACT

Art. 23. (1) The term of delivery of the goods shall be determined for each item separately upon conclusion of the contract with the user through the Supplier's website on the Ohgood.eu platform. For each specific good, the User shall be notified immediately before finalizing the order on the Ohgood.eu platform approximately how many days it will take for delivery. The days indicated on the Ohgood.eu platform for delivery are indicative and the Supplier does not guarantee them, but guarantees that it will do its best to deliver the goods within the specified days.

(2) If the User and the Supplier on the Ohgood.eu platform have not set a delivery period, the delivery period of the goods shall be 30 calendar days from the date following the sending of the User's order to the Supplier via the Supplier's website on the Ohgood.eu platform.

(3) If the Supplier on the Ohgood.eu platform is unable to fulfil the contract due to the fact that it does not have the ordered goods, it shall notify the Consumer and refund the amounts paid by him. In these cases, the Supplier could not be held liable as long as it has notified the User of the out-of-stock quantities.

(4) The Supplier may refuse to process the order when there is reasonable doubt that the order is inauthentic, including that it does not originate from the User described in the same or when the product requested with the order is temporarily unavailable due to out of stock or other technical reasons, in which case the Supplier shall notify the User by email or telephone and refund the amounts paid by the User. The Supplier may also refuse to process an order where the number or volume of items ordered exceeds their normal consumption by a Consumer customer within the meaning of the Consumer Protection Act and there is reason to believe that the order is made for the purpose of resale and does not fall within the scope of a Consumer purchase.

(5) In the event of inaccurate data provided by the Consumer for delivery address and telephone number or absence of the Consumer at the address, as well as in the event of inability to deliver the goods due to reasons beyond the control of the Supplier, the goods shall be returned and remain in the warehouses of the Supplier. In this case, the goods shall not be kept for the User unless paid in advance. In the case of goods paid for in advance, the same shall be kept for a period of 15 days from the date of their return, and after the expiry of this period and if the User does not seek it from the Supplier, the Supplier shall return the payment received, except for the amount spent on delivery and storage. In the event of inaccurate or incorrect details provided by the User for the delivery address, whereby the goods are sent to the wrong address, the cost of courier service to reroute the shipment shall be borne by the User.

(6) In the event that the goods are not delivered to the User within the specified delivery period, no compensation shall be due to the User. Causes that would delay delivery beyond those specified in the Ohgood.eu platform, are: load and number of orders for the period above the average and above the usual for the Supplier; faults in the courier company, such as untimely organization of the courier, excessive workload of the courier, unpredictable technical and information problems in the courier or weather conditions preventing the courier; unpredictable technical problems in the systems of the Supplier; faults in the suppliers of the Supplier, from which the latter is supplied with the product; bad weather conditions, etc. force majeure circumstances which would interfere with the Supplier's normal organisational operations.

(7) In all cases, the Supplier guarantees and undertakes that it will deliver the goods to the User with no more than 15 working days delay beyond the approximate delivery days indicated on the Ohgood.eu platform.

Art. 24. The Supplier on the Ohgood.eu platform undertakes to comply with all the requirements laid down in the Bulgarian legislation on labelling, advertising and sale of food supplements.

Art. 25. The Supplier shall inform the User of the transport and courier costs immediately before the completion of the order, and the price of delivery may vary according to the product, delivery method and address chosen by the User. In the event of additional redirection of an order already requested by the User or in the event of the need to revisit the requested address, the User shall pay the cost of delivery in amounts determined in accordance with the tariff of the respective courier. The conditions for free delivery, where available, shall not apply in the event that the User requests a visit to an address at a time or range of the day specified by the User.

Art. 26. (1) The User must inspect the goods at the time of delivery and handover by the courier and if they do not meet the requirements or have visible breaks and defects, refuse acceptance by the courier and notify the Supplier immediately on the Ohgood.eu platform.

(2) If the User does not reject the goods from the courier and does not notify the Supplier on the Ohgood.eu platform in accordance with par. 1, the goods shall be deemed approved as conforming to the requirements, except for hidden defects.

(3) In the event that the User wishes to refuse the goods upon delivery and not accept them, the costs of transport in both directions shall be at the User's expense.

Art. 27. The Supplier shall provide the necessary service for the Goods in accordance with the provisions of Section XIII. ADVERTISEMENTS.

Art. 28. For the cases not covered by this Section, the rules of commercial sale set forth in the Commercial Law , the rules of the Consumer Protection Law and the Law on the Provision of Digital Content and Digital Services and on the Sale of Goods shall apply.

 

  1. PROTECTION OF PERSONAL DATA

Art. 29. (1) The Provider on the Ohgood.eu platform shall take measures to protect the User's personal data in accordance with the Personal Data Protection Act.

(2) For reasons of security of the personal data of the Users, the Provider in the Ohgood.eu platform will send the data only to the e-mail address that was indicated by the Users at the time of registration.

(3) The Provider on the Ohgood.eu platform shall be entitled to store data on the User's terminal communication device, unless the latter expressly opposes this.

(4) The User or the User agrees that the Provider on the Ohgood.eu platform is entitled to send electronic messages to the User or the User at any time, including newsletters or offers to purchase goods, as long as there is a registration of the User or the User in the e-shop of the Provider on the Ohgood.eu platform.

(5) The User or User agrees that the Provider on the Ohgood.eu platform has the right to collect, store and process data on the User's or User's behaviour when using the Provider's e-shop on the Ohgood.eu platform.

(6) The Supplier shall not at any time store any credit and/or debit card/card details used by the User when purchasing goods from the Ohgood.eu platform. The User has the option to save the data of credit and/or debit card(s) used by him/her when purchasing goods from the Ohgood.eu platform, as the data of these credit and/or debit card(s) are not stored with the Supplier, but are stored only in the system of the banking institution that issued the card in question. When saving credit and/or debit card(s), the User shall use the 3D code when intending to use the saved card again for the purpose of purchase from the Ohgood.eu platform.

Art. 30. (1) At any time, the Provider on the Ohgood.eu platform has the right to require the User to identify himself and to verify the authenticity of each of the circumstances and personal data declared during registration.

(2) In the event that for any reason the User has forgotten or lost their username and password, the Provider on the Ohgood.eu platform shall be entitled to apply the announced "Procedure for lost or forgotten usernames and passwords", available at: https://Ohgood.eu/account/login.

(3) А detailed description regarding the protection and processing of the User's personal data is available in the Privacy Policy of the Ohgood.eu website, located at https://Ohgood.eu/pages/privacy-policy.

 

  1. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS

Art. 31. (1) These General Terms and Conditions may be amended by the Provider on the Ohgood.eu platform, the date of their last revision being recorded in Art. 38 of these General Terms and Conditions.

(2) The Provider on the Ohgood.eu platform and the User agree that any supplement and amendment of these General Terms and Conditions shall have effect against the User in one of the following cases:

  1. A) after their publication on the Provider's website on the Ohgood.eu platform and if the User, who has already accepted the previous version, does not declare within 14 days of their publication that he rejects them;
  1. B) with the User's explicit acceptance of them through his/her profile on the Provider's website on the Ohgood.eu platform.

Art. 32. The Provider shall publish these General Terms and Conditions at Ohgood.eu together with all supplements and amendments thereto.

 

  1. TERMINATION

Art. 33. These General Terms and Conditions and the User's contract with the Provider on the Ohgood.eu platform shall be terminated in the following cases:

- in case of termination and liquidation or bankruptcy of one of the parties to the contract;

- by mutual consent of the parties in writing;

- in case of objective impossibility of either of the parties to the contract to perform its obligations;

- in the event of seizure or sealing of the equipment by state authorities;

- in the event of cancellation of the User's registration on the Ohgood.eu platform. In this case, the concluded but unfulfilled purchase contracts shall remain in force and be enforceable;

Art. 34. The Provider shall have the right to unilaterally terminate the Contract at its own discretion, without notice and without compensation, in the event that it finds that the User is using the Ohgood.eu 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.

 

XII. LIABILITY

Art. 35. The User undertakes to indemnify and hold harmless the providers on the Ohgood platform. bg and the Supplier in any legal action or other claim by a third party (whether or not justified), for all damages and costs (including attorneys' fees and court costs) arising out of or in connection with (1) failure to perform any of the obligations under this Agreement, (2) breach of copyright, production, broadcast rights, or other intellectual or industrial property rights, (3) wrongful assignment to others of rights granted to User during the term and subject to the conditions of this Agreement, and (4) misrepresentation of the existence or absence of Consumer status within the meaning of the Consumer Protection Act.

Art. 36. The Provider shall not be liable in the event of force majeure, fortuitous events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.

Art. 37. (1) The Provider shall not be liable for damages caused by the User to third parties.

(2) The Provider shall not be liable for material or non-material damages in the form of lost profits or damages suffered by the User in the process of using or not using Ohgood.eu and concluding purchase contracts with the Supplier, except for deliberate actions or gross negligence by the Supplier.

(3) The Supplier shall not be liable for the time during which the platform was unavailable due to force majeure.

(4) The Supplier is not liable for damages from comments, opinions and posts by third parties under the products, news and articles on the Ohgood.eu platform.

Art. 38. (1) The Provider shall not be held liable in the event of overcoming the security measures of the technical equipment and consequent loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.

(2) The Provider shall not be held liable in the event of conclusion of a purchase contract, provision of access to information, loss or alteration of data occurring as a result of false legitimation of a third party posing as the User, if it can be inferred from the circumstances that this person is the User.

 

XIII. OTHER CONDITIONS

Art. 39. (1) The User and the Provider on the Ohgood.eu platform undertake to protect each other's rights and legitimate interests, as well as to protect their trade secrets that have become known to them in the process of execution of the contract and these General Terms and Conditions.

(2) The User and the Provider undertake not to make public any written or oral correspondence held between them during and after the term of the contract. The publication of correspondence in print and electronic media, internet forums, private or public websites, etc. may be considered as public information.

Art. 40. In the event of a conflict between these General Terms and Conditions and the provisions of a special contract between the Provider on the Ohgood.eu platform and the User, the provisions of the special contract shall prevail.

Art. 41. The possible invalidity of any of the provisions of these General Terms and Conditions shall not invalidate the entire contract.

Art. 42. The laws of the Republic of Bulgaria shall apply to any matter not covered by this contract relating to the performance and interpretation of this contract.

Art. 43. These General Terms and Conditions were adopted on 12.12.2022 and last amended on 25.09.2024.

 

Annex 1 - Standard form for exercising the right of withdrawal

Standard form for exercising the right of withdrawal

(complete and return this form only if you wish to withdraw from the contract)

To "Good Company" Ltd, UIC 206761135, with registered office and registered address: Sofia, № 2 "Novoto Livane" Blvd.

I/We hereby give notice* that I/We withdraw* from the contract concluded by me/us* for the purchase of the following goods*/for the provision of the following service*

.....................................................................................................................................................

.....................................................................................................................................................

.....................................................................................................................................................

.....................................................................................................................................................

.....................................................................................................................................................

 

Ordered on*/received on*: ........................................................................................................

 

Name(s) of Consumer(s): ........................................................................................................

 

Address of the user(s): ........................................................................................................

 

Signature of Consumer(s) (only if this form is on paper): ..........................................................

 

Date: ........................................................................................................

 

 

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* Unnecessary deletions are crossed out.

 

Annex 2 - Information on the exercise of the right of withdrawal

Information concerning the exercise of the right of withdrawal

 

Standard withdrawal instructions:

 

  1. Right of withdrawal from distance or off-premises contracts.

 

  1. You have the right to withdraw from this contract, without giving reasons, within 30 days.

 

  1. The withdrawal period is 30 days from the date on which you or a third party other than the carrier and nominated by you took possession of the goods.

 

In order to exercise your right of withdrawal, you must notify us at the contact details provided on Ohgood.eu and of your decision to withdraw from the contract with an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

You can use the enclosed standard withdrawal form, but this is optional. You can also complete and submit electronically the standard withdrawal form or any other unambiguous withdrawal request on our website Ohgood.eu. If you use this option, we will promptly send you a message in a durable medium (e.g. by e-mail) confirming receipt of the opt-out.

In order to comply with the withdrawal period, it is sufficient to send your communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.

  1. Effect of the withdrawal.

If you withdraw from this contract, we will refund all payments we have received from you, including the cost of delivery (excluding any additional costs associated with your chosen delivery method other than the cheapest standard delivery method offered by us), without undue delay and in any event no later than 30 days from the date on which you inform us of your decision to withdraw from this contract. We will make the refund under the terms of article 16 of these Terms and Conditions.

We shall be entitled to delay the refund until we have received the goods back or until you have provided us with evidence that you have sent the goods back, whichever is the earlier.

You must bear the direct costs of returning the goods. The costs are not expected to exceed approximately the amount of the delivery or standard courier service.

You shall be liable for any diminution in the value of the goods resulting from testing other than as necessary to establish their nature, characteristics and proper functioning.

 

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Annexe 3 - Claim Form

 

Claim form for goods purchased from Ohgood.bg

 

User

From .................................................................................................................................

             /three names/

Address: ......................................................................................................................................

Phone number: .....................................................................................................................

E-mail address: .....................................................................................................................

 

Description of the non-conformity of the goods:

.....................................................................................................................................................

.....................................................................................................................................................

.....................................................................................................................................................

.....................................................................................................................................................

.....................................................................................................................................................

.....................................................................................................................................................

.....................................................................................................................................................

.....................................................................................................................................................

 

  1. Preferred method of satisfying the claim, respectively the amount claimed (specify preferred method);
  1. Bringing the goods into conformity with the requirements of the contract and the law;
  2. Replacement of the goods with other goods which do not have any non-conformities;
  3. Proportionate price reduction by ....... lv.
  4. Cancellation of the contract and return of the full price paid.

 

Attached documents on which the claim is based

  1. Receipt;
  2. Invoice;
  3. Other document certifying the purchase of the goods and payment of its price;
  4. A photograph of the non-conformity of the goods
  5. Other: .............................................................................................................................

 

For additional Consumer information, see www.Ohgood.eu.

 

 

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