Terms and conditions

General Terms of Use

Dear users, please read these General Terms of Use before using the website “proviotic.bg”. Using the website means that you agree to and accept these General Terms. Before placing your order you must expressly confirm that you have read and agree to comply with these General Terms.

I. About these General Terms of Use

1. These General Terms of Use (“the General Terms”) govern the relationship between SmartBio Ltd., hereinafter referred to as “the Merchant” or “SmartBio”, owner and administrator of this website “www.proviotic.bg” (“the Web Page” and/or “the Site”), on the one hand, and the natural and legal persons using the Site, on the other. These General Terms are binding on all users of the Site, and users agree to, accept and undertake to comply with the Merchant’s General Terms.

2. SmartBio is a limited liability company registered in the Commercial Register of the Registry Agency under UIC 175165038. The Merchant’s registered office and management address is in Bulgaria, Sofia, 76 Krichim St., and its correspondence address is Sofia, 76 Krichim St.

3. SmartBio has the right to amend these General Terms unilaterally. When the General Terms are amended, SmartBio undertakes to notify users by sending a message to their e-mail and/or by publishing in a prominent place on the Site a notice of the amendment, the text of the amendments or a link to the place on the Site where the amended General Terms are available.

II. Definitions

“Virtual POS terminal” is a logical device defined in a bank’s card system through which electronic payments for goods and services are made via the Merchant’s website using a bank card online. The e-commerce platform is serviced entirely by the information systems of the bank with which the Merchant has concluded a contract for processing payments with local and international debit and/or credit cards on the internet, without any other intermediaries processing the transactions.

“Distance contract” or simply “Contract” is a contract concluded between a merchant and a consumer as part of an organised system for distance selling or provision of services without the simultaneous physical presence of the merchant and the consumer, using one or more means of distance communication up to and including the conclusion of the contract.

“Personal data” means any information relating to a natural person who is identified or can be identified directly or indirectly by an identification number or by one or more specific features.

“User” under these General Terms means any natural or legal person who uses the services, information or content of the Web Page and/or wishes to purchase a product or service offered by the Merchant through the Web Page using the relevant form and procedure.

“Sale price” is the final price per unit or a given quantity of goods and/or services, including value added tax, the delivery costs for orders of 100 € or more and all additional taxes and fees.

“Product” under these General Terms means any goods and/or service offered by the Merchant through the Site.

III. Site content and copyright

SmartBio Ltd., as creator and owner of the website “smartbio.bg”, grants the User the right to load and view all materials published on the Site for personal, non-commercial use only, provided that the User observes and respects all copyrights and the relevant notices. The materials on this Site may not be modified in any way, copied, publicly distributed or made available for any public or commercial purpose. The materials on this Site are protected by the Copyright and Related Rights Act, and any unauthorised use may infringe copyright, trademark rights or other legal provisions.

IV. Purchasing from the Site

1. Purchasing through the Site requires the User to provide and enter in the order form the data the Merchant needs to fulfil the order.

2. To place a valid order for a Product, the User must provide the minimum necessary data and information. Before confirming the order the User must provide: first and last name, or company name where the User is a legal entity; telephone number; e-mail address; delivery address; invoice details. If the User wishes to voluntarily provide other data relevant to a specific delivery or other specific conditions or circumstances of the delivery, the User enters them in the “Additional information” field as a note to the order.

3. Before paying for the order, the User must confirm that they agree to and accept these General Terms and the delivery conditions. Once consent to these General Terms has been given, the User is deemed bound by their clauses and undertakes to comply with them.

4. The order takes effect between the parties after its validity has been confirmed by the telephone number provided by the User and/or by a message sent to the e-mail address provided for correspondence.

5. There are no restrictions on serving categories of Users based on age or any other limitation.

V. Sale price of the Products. Invoicing

1. All Sale prices of the Products are stated in Bulgarian leva and include VAT. The Sale prices of the Products include the delivery cost for orders of 100 € or more.

2. If the User wishes to receive an invoice for the purchase, the invoice accompanies the Product on delivery and is handed over by the courier together with the Product. If the User is a natural person, the invoice is sent to the e-mail address provided or together with the delivery of the Product.

VI. Method of payment

1. Electronically via a Virtual POS terminal using a debit or credit card through a payment system provided by the bank with which the Merchant has a contract.

2. By bank transfer to the Merchant’s bank account. On confirming the order, the User receives by e-mail a uniquely generated order number, which the User must, among other things, state as the payment reference when transferring the amount to the bank account.

VII. Delivery terms, time and price

1. Deliveries are made by courier to the delivery address stated in the order. The order cannot be sent “poste restante” or to a post-office box.

2. An order placed and paid electronically on an official working day no later than 14:00 is processed by the Merchant on the same working day. The delivery time in this case is up to 4 (four) working days depending on the delivery address provided by the User. An order placed on a working day after that time, or on weekends and public holidays, is processed on the first following working day.

3. For the city of Sofia, orders received on a working day by 14:00 are processed on the same working day and delivered to the stated address on the next working day. Orders received on a non-working day are processed on the first working day after the order date and delivered on the following day.

4. An order with payment by “bank transfer” is processed once the funds have been received in the Merchant’s bank account.

5. For orders of 100 € or more, the delivery cost is included in the price of the Product and the user pays nothing beyond the Sale price.

6. For orders below 100 €, the delivery cost is not included in the price of the Product and the user must pay an additional delivery fee on top of the Sale price.

7. On receipt of the Product, the User should check the contents of the parcel against the order placed. If the appearance of the Product is damaged, the User should contact the courier, who is obliged to draw up a damage report, and the costs of the damaged Product are covered by the courier. Otherwise the User may not make a claim for missing items or damage to the Product.

8. In the event of withdrawal from the order, the costs of notifying the Merchant and returning the Product are borne entirely by the User.

VIII. If there is a problem with an order

1. If, at the date of a placed and processed order, any of the Products is unavailable and the Merchant cannot deliver it within the delivery times above, or no longer offers the Product ordered, an employee of the Merchant will contact the User by the telephone number and/or e-mail address provided as soon as possible to agree the further steps needed to fulfil the order or replace the Product. If the User does not wish to receive the Product outside the stated delivery times or to replace it with another, the Merchant guarantees the timely refund of the Sale price paid.

2. If the User has provided inaccurate or false delivery data – names, e-mail, delivery address and postcode, contact telephone – that prevent the Merchant from delivering on time, the Merchant will make reasonable efforts in the circumstances to contact the User to clarify and verify the correct data. In that case the maximum delivery time is extended by the time needed to make contact and verify the data.

3. If within the delivery time the Merchant cannot find the User at the address provided, or a third party to receive the Product on their behalf, and cannot reach the User by the telephone and e-mail provided, the User must additionally confirm by the Merchant’s contact telephones their wish to receive the Product after the delivery time. In such cases the User bears all costs of the repeat delivery.

4. If through the Merchant’s fault the delivery cannot be made within the stated maximum time to the stated address, the User has the right to withdraw from the order, in which case the Merchant owes the User a refund of the full price of the Product.

IX. Right to withdraw from a paid order and return the Product

1. The User has the right to withdraw from the order and return the Product to the Merchant without giving a reason, without owing compensation or a penalty and without paying any costs other than the transport and other costs of returning the Product, within 14 days from the date the Product was received by the User or by a third party on the User’s behalf. For the avoidance of doubt, the 14-day period starts from the date of receipt of the Product shown in the handover documents of the courier employee who made the delivery.

2. For the right of withdrawal to be validly exercised, the User:

2.1. must notify the Merchant of their wish to withdraw from the order by sending a completed standard withdrawal form published on the Merchant’s Site, or by sending a letter, notice, application or other written message that clearly states that the User wishes to withdraw from the order. The standard form or written message chosen by the User must be sent to the Merchant’s correspondence address or handed in personally by the User or their representative, and

2.2. must have sent/handed in the written message under 2.1 before the expiry of 14 (fourteen) days from the date of receipt of the Product, and

2.3. must have returned or sent back the Product to the Merchant no later than 14 (fourteen) days from the date the withdrawal notice was received.

3. Where the right of withdrawal has been validly exercised, the Merchant will refund the Sale price paid to the bank account indicated by the User or by another method chosen by the User, no later than 14 (fourteen) days from the date the Product is received back or proof is received that the Product has been sent.

4. The Merchant has the right to withhold the refund of the Sale price until it receives the Product back or the User provides proof of having sent the Product back to the Merchant.

5. In the event of withdrawal from the order, the costs of notifying the Merchant and returning the Product are borne entirely by the User.

6. The User has no right to withdraw from the order and may not claim a refund of the Sale price paid if the Product and its packaging are not in saleable condition, the Product has been opened, unsealed or otherwise used in a way that breaks the integrity of the Product or its packaging. In that case the Merchant may refuse to refund the Sale price for reasons of hygiene and protection of Users’ health.

7. Address for returning ordered Product(s): 1164 Sofia, 76 Krichim St.

8. If the Product is delivered to the User in damaged packaging or past its expiry date, the replacement or return of the Product is at the Merchant’s expense.

9. The Sale price is the price at which the product is sold. Where quantity discounts apply and products are partially returned, the Sale price is calculated by the algorithm stated on the site. For example, where 3 or more packs were bought with a % discount and 1 or 2 packs are returned, the quantity discount does not apply to the 1 or 2 packs actually kept.

X. Protection of Users’ personal data

1. To guarantee Users’ rights in the processing of their personal data, the Merchant declares and guarantees that the personal data provided by Users will not be further used, disclosed and/or transferred to third parties or processed in any other incompatible way, except for the purposes of these General Terms, the performance of the Merchant’s obligations and/or of the persons processing Users’ personal data on its behalf in connection with the sale and delivery of the Product(s) ordered.

2. By accepting these General Terms, the User voluntarily gives explicit and unambiguous consent for the personal data provided to be processed by the Merchant, its employees and/or persons working directly under its management, and by the Merchant’s partners (e.g. a universal postal service provider within the meaning of the Postal Services Act) and/or other legal and natural persons with whom the Merchant cooperates for the purpose of receiving, processing, shipping and delivering the Product(s) ordered, communication and resolving disputes with the User.

3. To fulfil the order and deliver the chosen Product, the User must provide the Merchant with at least the following personal data and information: first and last name; exact delivery address including postcode; contact telephone(s); e-mail address; invoice details if an invoice is required, and other data provided by the User in the “Order notes” field.

4. The Merchant guarantees that the data provided by the User are used solely for receiving, processing and fulfilling the order, for contacting the User where needed, for providing information about the Product and for improving service quality. On request, Users may receive information and current offers for the Merchant’s Products at the e-mail address they provided.

5. The Site uses cookies to establish some of its Users’ preferences, such as, but not limited to, language, country of location and others.

6. The Merchant does not collect, record, store or otherwise process data relating to the credit or debit card used by the User for electronic payments. The data needed for payments are entered through the internet platform provided by the bank that executes the transaction.

XI. Dispute resolution procedure

If a dispute or question arises whose resolution requires the Merchant’s assistance, the User may contact the Merchant by the contact telephone(s) stated on the Site or send an enquiry in free form to the contact e-mail. An employee of the Merchant will contact the User as soon as possible to discuss all questions raised, with a view to resolving them quickly and properly in the interest of both parties.

Legal guarantee and alternative dispute resolution

All goods presented on the site and/or sold in the online store carry the legal guarantee of conformity with the sales contract under Art. 112–115 of the Consumer Protection Act (CPA). A commercial guarantee does not affect consumers’ rights under the guarantee of Art. 112–115 CPA. Regardless of any commercial guarantee, the seller is liable for any lack of conformity of consumer goods with the sales contract under the guarantee of Art. 112–115 CPA.

The alternative dispute resolution bodies within the meaning of Art. 181n(4) CPA are the conciliation committees of the Consumer Protection Commission.

If a dispute arises and cannot be resolved between you and this online store, you may contact the ODR platform or the CPC.

To exercise the right of withdrawal, the consumer may complete the standard withdrawal form and send it to office@smartbio.bg
Download: Standard form for exercising the right of withdrawal

XII. Additional provisions

1. The products offered on the Site are not medicinal products and must in no way be used as such. The Site bears no responsibility for use of the products as medicinal products. Before use, always consult a doctor or specialist about how to take the products. Pregnant women, breastfeeding mothers and children under 18 must consult a doctor or specialist before using the products offered. If you take medication or suffer from a medical condition, always consult a doctor or specialist before taking the products offered.

2. The certificates of the products offered are published on www.smartbio.bg. Further information about the products can be obtained by telephone: +359 89 233 40 12.

3. There are no prohibitions on the export of Products offered on the Site and no other restrictions imposed by national legislation.

4. The Merchant is responsible for performing the contract with the Customer, for the type, quantity and quality of the goods subject to the transaction and the related service, and for resolving disputes.

5. Telephone and e-mail for Users that can be used to resolve disputes: office@smartbio.bg / +359 894 318 256

6. If you have further questions about the order and delivery, you can contact us by telephone: +359 89 233 40 12.