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Terms of service

GENERAL TERMS OF THE ONLINE STORE

www.makasa.org

I. SUBJECT

Art. 1. These general terms and conditions are intended to regulate the relations between MAKASA EOOD, UIC 205570383, with registered office and management address: Burgas, 50 Patriarh Evtimiy St., hereinafter referred to as the SUPPLIER , and the customers, hereinafter referred to as USERS , of the MaKaSa e-commerce platform, hereinafter referred to as “makasa.org”.

ІІ. SUPPLIER DATA

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

  1. Name of the Supplier: "MAKASA" EOOD
  2. Headquarters and address of management: Burgas, st. "Patriarch Euthymius" 50
  3. Address for exercising the activity and address for submitting complaints by users: city Burgas, Blvd. "Aleko Bogoridi" 22
  4. Correspondence details: hello@makasa.org, phone +359 893 770 988
  5. Entry in public registers: EIK BG205570383
  6. Supervisors:

(1) Commission for Personal Data Protection

Address: town Sofia, str. "Prof. Tsvetan Lazarov" No. 2, phone: (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: 1000 Sofia, 4A Slaveykov Square, floors 3, 4 and 6, tel.: 02 / 980 25 24, fax: 02 / 988 42 18, hotline: 0700 111 22, Website: www.kzp.bg

  1. Registration under the Value Added Tax Act

III. FEATURES OF THE PLATFORM

Art. 3. Makasa is an e-commerce platform, available at the Internet address makasa.org, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier on the platform, including the following:

  1. To register and create a profile for viewing the Provider's electronic store and using the additional services for providing information;
  2. To review the goods, their characteristics, prices and terms of delivery;
  3. To conclude contracts with the Supplier for the purchase, sale and delivery of the goods offered on the makasa.org platform;
  4. To make any payments in connection with the concluded contracts through the makasa.org electronic means of payment platform.
  5. To receive information about new goods offered by the Provider on the makasa.org platform;
  6. To make electronic statements in connection with the conclusion or execution of contracts with the Provider on the makasa.org platform through the interface of the makasa.org page available on the Internet;
  7. To be notified of the rights arising from the law, primarily through the interface of the makasa.org platform on the Internet;
  8. To exercise their right to opt out, where applicable, under the Consumer Protection Act.

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

Art. 5.(1) Users conclude a contract for the purchase and sale of goods with the Supplier on the makasa.org platform, at the address makasa.org. The contract is concluded in Bulgarian and is stored in the Supplier's database on the platform.

(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier on the makasa.org platform undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the interface on the platform. Users have the right to correct errors in entering information no later than sending the statement for the conclusion of the contract with the Supplier on the makasa.org platform.

(3) Users pay the Provider of the makasa.org platform a fee for the delivered goods in accordance with the terms and conditions set out in the makasa.org platform and these general terms and conditions. The fee is in the amount of the price announced on the makasa.org platform.

Art. 6. (1) The User and the Supplier on the makasa.org platform agree that all statements between them in connection with the conclusion and performance of the purchase and sale contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.

(2) It is assumed that the electronic statements made by the Users of the site were made by the persons indicated in the data provided by the User upon registration, if the User has entered the relevant username and password for access.

IV. REGISTER TO USE makasa.org

Art. 7. (1) In order to use makasa.org to conclude contracts for the purchase and sale of goods, the User must enter a username and password for remote access chosen by him or authenticate himself through his Facebook or Google account, by which he is deemed to have accepted these general terms and conditions.

(2) The name and password for remote access are determined by the User, by completing an online registration on the Provider's website on the makasa.org platform, in accordance with the procedure specified therein. Users have the opportunity to place orders for delivery of goods and a profile on the social networks Facebook and Google.

(3) By filling in his/her data in the user basket and clicking the “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 placed by the User by e-mail. An account is created for the User and a contractual relationship arises between him and the Supplier.

(5) When registering or ordering, the User undertakes to provide correct and up-to-date data. The User undertakes to promptly update the data specified in his registration or order in the event of any change.

V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AGREEMENT

Art. 8. (1) Users primarily use the interface of the Supplier's page on the makasa.org platform to conclude purchase and sale contracts for the goods offered by the suppliers on the makasa.org platform.

(2) In cases of ordering goods without registration by the User, the latter accepts these general terms and conditions at the time of delivery. The User is deemed to have accepted these general terms and conditions upon acceptance of the delivery of the goods.

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

(1) Log in to the ordering system on the makasa.org platform

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

(3) Provision of the necessary data for individualization of the User as a party to the contract.

(4) Provision of data for delivery;

(5) Choice of method and time for payment of the price.

(6) Order confirmation;

VI. CONTENTS OF THE AGREEMENT

Art. 10. (1) The Supplier and the Users shall conclude separate contracts for the purchase and sale of the goods requested by the Users, regardless of whether they were selected with one electronic statement and from one list of goods for purchase.

(2) The supplier may organize together and simultaneously the delivery of the goods ordered under the separate purchase and sale contracts.

(3) The rights of the Users in relation to the delivered goods are exercised separately for each purchase and sale contract. The exercise of rights in relation to a delivered good does not affect and has no effect on the purchase and sale contracts of other goods. In case the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right to withdraw from the purchase and sale contract of a particular good does not affect the purchase and sale contracts of other goods delivered to the consumer.

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

Art. 12. The user may pay the price for the individual purchase and sale contracts at once when placing the order for the goods or upon their delivery.

VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE QUALITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT

Art. 13. The rules of this Section VII of these general terms and conditions apply only to Users for whom, according to the data provided for the conclusion of the purchase and sale contract or upon registration at makasa.org, it can be concluded that they are Users within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.

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

(2) The price of the goods, including all taxes and fees, is determined by the Supplier on the makasa.org platform in the profile of each product on the makasa.org platform.

(3) The value of postal or transport costs not included in the price of the goods is determined by the Supplier on the makasa.org platform and is provided as information to the Users when selecting the goods for concluding the purchase and sale contract;

(4) The methods of payment, delivery and performance of the contract are determined in these general terms and conditions and the information provided to the User through the mechanisms on the makasa.org platform.

(5) The information provided to Users under this article is current at the time of its visualization on the makasa.org platform before the conclusion of the purchase and sale contract.

(6) Users agree that all information required by the Consumer Protection Act may be provided through the makasa.org platform interface or e-mail.

Art. 15. (1) The User agrees that the suppliers on the makasa.org platform have the right 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 makasa.org platform the price for delivery of the goods before or at the time of their delivery.

(3) In case the value of the User's order is equal to or exceeds 15,000 BGN, payment is made only by transfer or deposit into the Supplier's payment account.

Art. 16. (1) The Consumer has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within 14 days, counting from the date of acceptance of the goods by the Supplier, using the unified form for withdrawal from the contract , available on the Supplier's website on the makasa.org platform.

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

  1. for the delivery of goods made to the order of the user or according to his individual requirements;
  2. for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
  3. for the delivery of sealed goods which have been unsealed after their delivery and cannot be returned for hygiene or health protection reasons;
  4. for the supply of goods which, after having been delivered and due to their nature, have become mixed with other goods from which they cannot be separated;
  5. for the delivery of sealed audio or video recordings or sealed computer software that has been unsealed after delivery, including activation codes for software licenses, software features or virtual means of payment.
  6. for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications;

(3) When the provider on the makasa.org platform has not fulfilled its obligations to provide information, as set out in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of one year and 14 days, counting from the date of receipt of the goods. When the information is provided to the user within the withdrawal period, the same starts to run from the date of its provision. The User has the right to send the statement of withdrawal under this article directly to the Provider through the unified form for withdrawal from the contract , available on the Provider's website on the makasa.org platform at Annex No. 1 to these general terms and conditions.

(4) Where the Consumer has exercised his right to withdraw from the distance contract or the off-premises contract, the Supplier shall reimburse all amounts received from the Consumer, including delivery costs, without undue delay and not later than 14 days from the date on which he was informed of the Consumer's decision to withdraw from the contract. The Supplier shall reimburse the amounts received using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed to the use of another means of payment and provided that this does not involve any costs for the Consumer.

(5) When exercising the right of withdrawal, the costs of returning the delivered goods shall be deducted from the amounts to be reimbursed under paragraph 4, except in cases where the consumer organizes the return of the goods himself and at his own expense. The Supplier shall not be obliged to reimburse the additional costs of delivery of the goods when the consumer has explicitly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.

(6) The User undertakes to store the goods received from the Supplier on the platform and to ensure the preservation of their quality and safety during the period under paragraph 1.

(7) The User may exercise his right to withdraw from the contract with the Provider by sending a written statement to the Provider using the standard form for withdrawal from the contract , available at GENERAL TERMS and CONDITIONS on the makasa.org platform and in Appendix No. 1 to these general terms and conditions.

(8) Where the supplier on the makasa.org platform has not offered to collect the goods himself, he may withhold payment of the amounts to the User until he receives the goods or until the User provides proof that he has sent the goods back, whichever occurs first.

(10) Notwithstanding the above hypotheses, the Consumer undertakes to return the goods in a commercial form that allows their subsequent sale, unless the unpacking of the goods leads to an obvious violation of the commercial form of the goods, such as but not limited to a breakable box, hermetic packaging and other similar cases. In the event of a violation of the commercial form of the goods, the Supplier has the right, at its discretion, to refuse to accept withdrawal from the contract or to charge the Consumer the costs of restoring the goods in commercial form.

(11) In case of exercising the right of withdrawal under this article, it is considered that the User has also exercised the right of withdrawal with respect to the bonus content belonging to the product.

Art. 17. (1) The delivery time of the goods is determined for each good separately upon conclusion of the contract with the consumer through the Supplier's website on the makasa.org platform.

(2) In case the User and the Supplier on the makasa.org platform have not set a delivery time, the delivery time of the goods is 30 calendar days, starting from the date following the sending of the User's order to the Supplier via the Supplier's website on the makasa.org platform.

(3) If the Supplier on the makasa.org platform cannot fulfill the contract due to not having the ordered goods, he is obliged to notify the User and refund the amounts paid by him.

Art. 18. The provider on the makasa.org platform undertakes to comply with all requirements established in Bulgarian legislation regarding the labeling, advertising and sale of food supplements.

VIII. PERFORMANCE OF AGREEMENT

Art. 19. (1) The Supplier on the makasa.org platform may organize the delivery and handover of the goods to the User by a relevant courier within the period specified upon conclusion of the contract.

(2) If the term under paragraph 1 is not explicitly agreed upon between the parties upon conclusion of the contract, the Supplier shall organize the delivery and handover within a reasonable period of time.

Art. 20. (1) The User must inspect the goods at the time of delivery and handover and, if they do not meet the requirements, immediately notify the Supplier on the makasa.org platform.

(2) If the User does not notify the Supplier on the makasa.org platform in accordance with paragraph 1, the goods shall be deemed to be approved as complying with the requirements, except for hidden defects.

Art. 21. The supplier on the makasa.org platform is not obliged to provide the necessary service for the goods.

Art. 22. For cases not regulated in this section, the rules for commercial sales set out in the Commerce Act and the Consumer Protection Act shall apply.

IX. PROTECTION OF PERSONAL DATA

Art. 23. (1) The collection, storage and processing of personal data is carried out in accordance with the Personal Data Privacy Policy, which you can access here Privacy Policy.

(2) The personal data entered by the Users are subject to protection under the Personal Data Protection Act and the General Regulation 2016/679, as the Provider processes them for the purposes and within the time limits provided for in the Personal Data Privacy Policy.

(3) By agreeing to the Privacy Policy , the User expressly confirms that he/she agrees that the Provider may store information or access information stored on the User's terminal device for the purposes and periods fully specified therein. The User agrees that the Provider may store information or access information stored on the User's terminal device for other reasons specified in the Privacy Policy.

(4) The User or Consumer agrees that the Provider of the makasa.org platform has the right to send electronic messages to the User or Consumer at any time, including a newsletter or offers to purchase goods, as long as the User or Consumer is registered in the Provider's e-shop on the makasa.org platform.

(5) The User or Consumer agrees that the Provider of the makasa.org platform has the right to collect, store and process data about the behavior of the User or Consumer when using the Provider's e-shop on the makasa.org platform. The User has the right to object to the storage or access to the information under paragraph 3 in the ways provided for in the Personal Data Privacy Policy.

Art. 24. (1) At any time, the Provider on the makasa.org 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 his/her username and password, the Provider of the makasa.org platform has the right to apply the announced “Procedure for lost or forgotten usernames and passwords”, available at: makasa.org

X. AMENDMENT AND ACCESS TO THE TERMS

Art. 25. (1) These general terms and conditions may be amended by the Provider of the makasa.org platform, of which the latter will notify all registered Users in an appropriate manner.

(2) The Provider on the makasa.org platform and the User agree that any additions and amendments to these general terms and conditions will be effective against the User in one of the following cases:

A) after explicit notification by the Provider on the makasa.org platform and if the User does not declare within the 14-day period provided to him that he rejects them; or

B) after their publication on the Provider's website on the makasa.org platform and if the User does not declare within 14 days of their publication that he rejects them;

C) with its explicit acceptance by the User through his profile on the Provider's website on the makasa.org platform

(3) The User agrees that all statements of the Provider on the makasa.org platform, in connection with the amendment of these general terms and conditions, will be sent to the email address specified by the User upon registration. The User agrees that emails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.

Art. 26. The Provider publishes these general terms and conditions at {terms_rul} along with all additions and amendments thereto.

XI. TERMINATION

Art. 27. These general terms and conditions and the User's contract with the Provider on the makasa.org platform shall be terminated in the following cases:

  • upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
  • by mutual consent of the parties in writing;
  • in case of objective inability of one of the parties to the contract to fulfill its obligations;
  • in case of seizure or sealing of the equipment by state bodies;
  • in case of deletion of the User's registration on the makasa.org platform. In this case, the concluded but unexecuted purchase and sale contracts remain valid and enforceable;

Art. 28. The Provider has the right, at its own discretion, without prior notice and without owing compensation, to unilaterally terminate the contract if it finds that the User is using the makasa.org platform in violation of these general terms and conditions, the legislation of the Republic of Bulgaria, generally accepted moral standards or generally accepted rules and practices in e-commerce.

XII. RESPONSIBILITY

Art. 29. The User undertakes to indemnify and hold harmless the providers on the makasa.org platform and the Provider from legal claims and other claims of third parties (regardless of whether they are justified or not), for all damages and expenses (including attorneys' fees and legal costs) arising from or in connection with (1) failure to fulfill any of the obligations under this contract, (2) violation of copyright, production, broadcasting rights or other rights to intellectual or industrial property, (3) unlawful transfer to other persons of the rights granted to the User, for the term and under the terms of the contract and (4) false declaration of the presence or absence of the status of a consumer within the meaning of the Consumer Protection Act.

Art. 30. The Provider is not liable in the event of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.

Art. 31. (1) The Provider is not liable for damages caused by the User to third parties.

(2) The Provider is not liable for any material or non-material damages, expressed in lost profits or damages suffered by the User in the process of using or not using makasa.org and concluding purchase and sale contracts with the Provider.

(3) The Provider is not liable for the time during which the platform was unavailable due to force majeure.

(4) The Provider is not liable for damages resulting from comments, opinions and publications under the products, news and articles on the makasa.org platform.

Art. 32. (1) The Provider shall not be liable in the event of overcoming the security measures of the technical equipment and resulting in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.

(2) The Provider is not liable in the event of concluding a purchase and sale contract, providing access to information, loss or change of data resulting from false identification of a third party who presents himself as the User, if it can be judged from the circumstances that this person is the User.

XIII. OTHER TERMS

Art. 33. (1) The User and the Provider on the makasa.org platform undertake to mutually protect their rights and legitimate interests, as well as to protect their trade secrets that have become their property in the process of performing the contract and these general terms and conditions.

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

Art. 34. In the event of a conflict between these general terms and conditions and agreements in a special contract between the Provider on the makasa.org platform and the User, the clauses of the special contract shall prevail.

Art. 35. The possible invalidity of any of the provisions of these general terms and conditions shall not result in the invalidity of the entire contract.

Art. 36. For issues not settled in this contract, related to the implementation and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.

Art. 37. These general terms and conditions shall apply to all Users of makasa.org.

Appendix No. 1 – Standard form for exercising the right to withdraw from the contract

Standard form for exercising the right to withdraw from the contract:
(complete and send this form only if you wish to withdraw from the contract)

Appendix No. 2 – Information on exercising the right to withdraw from the contract

Information on exercising the right to withdraw from the contract

Standard opt-out guidelines:

  1. Right to withdraw from the contract remotely or off-premises.
  2. You have the right to withdraw from this contract without giving reasons within 14 days.
  3. The cancellation period is 14 days from the date on which you or a third party, other than the carrier and indicated by you, took possession of the goods.
  4. To exercise your right of withdrawal, you must notify us at the contact details provided on makasa.org and of your decision to withdraw from the contract with an unequivocal statement (for example, a letter sent by post, fax or e-mail).
  5. You may use the attached standard waiver form, but this is not required. You may also complete and submit electronically the standard opt-out form or other unambiguous opt-out application on our website makasa.org. If you use this option, we will immediately send you in a durable medium (for example, by e-mail) a message confirming receipt of the opt-out.
  6. In order to comply with the withdrawal period, it is sufficient to send your notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
  1. Action of refusal.
  2. If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs associated with a delivery method chosen by you other than the cheapest standard delivery method, offered by us), without undue delay and in any case no later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We will make the refund to the bank account specified by you; in any event, this refund will be at no cost to you.
  3. We have the right to delay refunds until we receive the goods back or until you provide us with evidence that you have sent back the goods, whichever occurs first.
  4. You must bear the direct costs of returning the goods. Costs are expected to not exceed the approximate cost of delivery or standard courier service.
  5. You are solely responsible for any reduction in the value of the goods as a result of testing them other than as necessary to determine their nature, characteristics and proper functioning.

For additional user information, see makasa.org