Terms of service

I. SUBJECT

Art. 1. These general terms and conditions (“General Terms and Conditions”) are intended to regulate the relations between “Biom BG” EOOD, entered in the commercial register at the Registry Agency under UIC 207484698, with registered office and registered office address: Plovdiv region, Plovdiv 4000, Central district, 2 Kamenitsa Str., hereinafter referred to as the “Supplier”, and the customers, hereinafter referred to as the “Users”, of the electronic store https://biom.bg, owned by the Supplier.

II. CHARACTERISTICS OF THE ELECTRONIC STORE

Art. 3. The electronic store https://biom.bg is an online e-commerce platform that enables Users to browse, order and purchase goods from the Supplier. Through it, you can familiarize yourself with the characteristics, prices and delivery conditions, conclude purchase and sale contracts and exercise your legal rights, including the right of withdrawal.

Art. 4. The Supplier organizes the delivery of the goods and guarantees the rights of the Users, 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 with the Supplier a contract for the purchase and sale of goods in accordance with the procedure specified in Art. 8. The contract is concluded in Bulgarian and is stored in the Supplier's database on the platform.

(2) Users can review and correct the entered information and errors in the order form at any time before finalizing the contract.

(3) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the interface in the Online Store.

(4) The Users pay the Supplier a fee for the delivered goods, in accordance with the conditions specified in the Online Store and these General Terms and Conditions. The fee is in the amount of the price announced in the Online Store.

III. USE OF THE ONLINE STORE

Art. 6. (1) The Online Store can be used after registration in the Online Store and creation of a User profile or without prior registration.

(2) The User's registration in the Online Store is free of charge, voluntary and is carried out in the relevant section of the Online Store.

(3) To conclude a purchase and sale agreement, the User must enter the necessary data (name, surname, email, telephone, delivery address) and agree to these General Terms and Conditions. By clicking the "Pay now" button, familiarity and agreement with these terms and conditions are declared.

(4) The Supplier confirms the order placed by the User by sending an electronic statement to the e-mail address specified by the User or by calling the telephone number specified by the User, and contractual relations arise between him and the Supplier under a contract for the purchase and sale of goods.

(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 specified in his profile in the Online Store or in the order if the provided data changes.

(6) If the User provides false information or the Provider has reason to believe that the information provided by the User is incomplete or inaccurate, the Provider has the right, at its discretion, to block or delete the User's registration and to deny him/her use of the Online Store.

IV. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALES AGREEMENT

Art. 7. Users primarily use the interface of the Online Store page, including the tools and applications for mobile devices available on it, to conclude purchase and sale agreements for the goods offered by the Provider in the Online Store.

Art. 8. The User and the Provider conclude the purchase and sale agreement for the goods in the Online Store according to the following procedure:

1. The User selects one or more of the goods offered by the Provider for which a purchase and sale agreement is to be concluded.

2. The User fills out an order form and provides the necessary data for the individualization of the User as a party to the contract for the purchase and sale of goods;

3. The User selects a delivery method and provides the data for the delivery.

4. The User selects the method and time of payment for the price.

5. The User sends the order (offer) by clicking the "Pay Now" button, after having indicated his agreement with the General Terms and Conditions and the Privacy Policy.

6. The Supplier confirms the order placed by the User (accepts the User's offer) by sending an electronic statement to the e-mail address specified by the User or by calling the telephone number specified by the User. The Supplier provides the User with a durable medium confirmation of the concluded contract within a reasonable period of time after the conclusion of the contract remotely or at the latest at the time of delivery of the goods.

V. CONTENT OF THE CONTRACT

Art. 9. (1) The Supplier and the Users shall conclude separate contracts for the purchase and sale of the goods ordered by the Users, regardless of whether they were selected with one electronic statement.

(2) The Supplier may organize together and simultaneously the delivery of the goods ordered with 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 one good does not affect the purchase and sale contracts of the other goods, even if the User is a consumer within the meaning of the Consumer Protection Act and exercises his right of withdrawal.

(4) The Supplier has the right, at its discretion, to refuse the execution of an order of a User, of which the Supplier shall notify the User within an appropriate period, without being obliged to indicate a reason for the refusal.

Art. 10. When exercising the rights under the purchase and sale contract, the User is obliged to indicate precisely and unambiguously the contract and the goods in respect of which he exercises the rights.

Art. 11. The User pays the price for the individual purchase and sale contracts at once when placing the order for the goods or upon their delivery.

VI. SPECIAL CLAUSES THAT APPLY TO PERSONS WHO HAVE THE QUALITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION LAW

Art. 12. 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, it can be concluded that they are consumers within the meaning of the Consumer Protection Law.

Art. 13. (1) The main characteristics of the goods offered by the Supplier in the Online Store are described in the profile of each product in the Online Store.

(2) The prices of the goods, including all taxes and fees, are determined and indicated in the profile of each product in the Online Store.

(3) The value of postal or transport costs not included in the price of the goods is determined by the Supplier in the Online Store and is provided as information to the Users when selecting the goods for concluding the purchase and sale agreement.

(4) The methods of payment, delivery and performance of the agreement are determined in these General Terms and Conditions and the information provided to the User through the mechanisms and tools in the Online Store.

(5) The information provided to the Users under this article is current at the time of its visualization in the Online Store before concluding the purchase and sale agreement.

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

Art. 14. (1) The User agrees that the Provider has the right to accept advance payment for the contracts concluded with the User for the purchase and sale of goods and their delivery.

(2) In accordance with the options provided in the Online Store, the User chooses whether to pay the Provider the price for the delivery of the goods before or at the time of their delivery.

(3) In the event that the value of the User's order is equal to or exceeds 10,000 leva, payment shall be made only by transfer or deposit to the Provider's payment account.

Art. 15. (1) The consumer has the right to withdraw from the contract without giving any reason, compensation or penalty within 14 days of receipt of the goods, with the exception of food supplements which, due to their nature, cannot be returned for hygiene or health reasons after they have been unsealed.

(2) The right of withdrawal under para. 1 does not apply in the cases provided for in art. 57 of the Consumer Protection Act, including for sealed food supplements which have been unsealed after delivery and cannot be returned for reasons related to hygiene or health protection.

(3) Where the Supplier has not fulfilled its obligations to provide information as set out in the Consumer Protection Act, the Consumer has the right to withdraw from the concluded contract within a period of up to one year and 14 days from the date of receipt of the goods. When the information is provided to the User within one year from the date of receipt of the goods, the User has the right to withdraw from the contract within 14 days from the date of receipt of the information. The User has the right to send the statement of withdrawal under this article directly to the Provider using the unified form for withdrawal from the contract, available on the website of the Online Store as Appendix No. 1 to these General Terms and Conditions or by stating unequivocally in another way his decision to withdraw from the contract.

(4) When the User has exercised his right to withdraw from the contract, the Provider shall refund all amounts received from the User, including delivery costs, without undue delay and no later than 14 days from the date on which he was notified of the User's decision to withdraw from the contract. The Provider shall refund the amounts received using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed to use another means of payment and provided that this does not involve costs for the User.

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

(6) The User shall be obliged to store the goods received from the Provider on the platform and to ensure the preservation of their quality and safety during the period under para. 1 or respectively para. 3.

(7) Where the Supplier has not offered to collect the goods himself, he may withhold payment of the amounts due to the Consumer until he has received the goods or until the Consumer has provided evidence that he has sent the goods back, whichever is the earlier.

(8) Where the Consumer exercises his right to withdraw from the contract and where the Supplier has not offered to collect the goods himself, the Consumer must send or hand over the goods back to the Supplier or a person authorised by him without undue delay and not later than 14 days from the date on which the Consumer communicated to the Supplier his decision to withdraw from the contract. The deadline shall be deemed to have been met if the Consumer sends or hands over the goods back to the Supplier before the expiry of the 14-day period.

(9) The Consumer shall pay only the direct costs of returning the goods under the preceding paragraph, except in cases where the Supplier has agreed to pay them, or if the Supplier has not notified him that the costs of returning the goods are paid by the Consumer.

(10) The Consumer shall be liable only for the diminished value of the goods caused by their testing, other than what is necessary to establish their nature, characteristics and proper functioning. The Consumer shall not be liable for the diminished value of the goods when the Supplier has not notified him of his right of withdrawal.

Art. 16. (1) The delivery period of the goods is determined for each good separately upon conclusion of the contract with the Consumer through the Online Store.

(2) If the Supplier cannot fulfill the contract due to the fact that he does not have the ordered goods, he shall be obliged to notify the Consumer thereof and to refund the amounts paid by him.

VII. PERFORMANCE OF THE CONTRACT

Art. 17. (1) The Supplier may organize the delivery and handover of the goods to the User by a relevant courier within the period specified at the conclusion of the contract.

(2) If the period under para. 1 is not expressly agreed upon between the parties at the conclusion of the contract, the Supplier shall organize the delivery and handover within a reasonable period. If the Supplier fails to organize the delivery within the specified period, the Supplier shall notify the User in advance.

(3) If the User is not present at the specified delivery address at the agreed delivery time and has not provided a proper third party to receive the delivery, the Supplier shall make the delivery at another time convenient for the Supplier, and the User shall pay an additional price for the delivery, according to the tariff of the courier or postal operator.

Art. 18. (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.

(2) If the User does not notify the Supplier in accordance with the previous paragraph, the goods shall be deemed to be approved as meeting the requirements, except for hidden defects.

VIII. PROTECTION OF PERSONAL DATA

Art. 19. (1) The Supplier processes the personal data provided by the Users in accordance with its Privacy Policy and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the Personal Data Protection Act and other provisions of the applicable Bulgarian legislation on the protection of personal data.

(2) The Provider's Privacy Policy is available at the following internet address: https://biom.bg/privacy-policy, and is an integral part of these General Terms and Conditions.

(3) The Provider has the right to store information or access information stored on the User's terminal device in accordance with the "Cookie Policy", provided that:

1. The Provider has provided the User with clear and comprehensive information under Art. 13 of Regulation (EU) 2016/679; and

2. The Provider provides the User with the opportunity to refuse storage or access to the information.

(4) The User agrees that the Provider has the right to collect, store and process data on the User's behavior when using the Online Store. The User has the right to object to the storage or access to the information under para. 2 in the manner provided for in the Privacy Policy.

Art. 20. At any time, the Provider has the right to require the User to identify himself and to certify the authenticity of each of the circumstances and personal data announced during registration on the platform and/or placing the order.

IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 21. (1) These General Terms and Conditions are an integral part of the Agreement concluded between the Parties.

(2) By concluding the Agreement, the User declares that he is familiar with these General Terms and Conditions and accepts them.

(3) The User and the Supplier agree that all statements between them in connection with the conclusion, execution, amendment and termination of the Agreement and these General Terms and Conditions may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Certification Services Act and Art. 11 of the Electronic Commerce Act.

(4) It is assumed that the electronic statements made by the Users of the Online Store are made by the persons specified in the data provided by the User when registering the User in the Online Store or when sending an order (offer) by the User without registration.

(5) The User agrees to receive all statements, documents and communications of the Provider in electronic form at the e-mail address specified by the User upon registration in the Online Store or upon placing an order (offer).

(6) Electronic statements, documents and any communications sent by the User to the Provider via the e-mail address specified by the User upon registration in the Online Store or upon placing an order (offer) shall be deemed to be signed with a simple electronic signature. The electronic statement shall be deemed to have been received upon its receipt in any of the information systems specified by the User under the preceding sentence.

(7) The Parties agree that the legal force of a simple electronic signature is equivalent to that of a handwritten signature.

Art. 22. Terms other than those provided for in the General Terms and Conditions may be agreed upon by additional written agreements between the Provider and the User. In the event of a discrepancy between the provisions of the additional written agreements and the General Terms and Conditions, the provisions shall prevail.

Art. 23. (1) These General Terms and Conditions may be amended by the Provider, of which the latter shall notify the Users in an appropriate manner.

(2) The Provider and the User agree that any addition and/or amendment to these General Terms and Conditions shall be effective against the User in one of the following cases:

1. after explicit notification by the Provider to the email address provided by the User and if the User does not declare within the 14-day period provided that he rejects them; or

2. with their explicit acceptance by the User when placing an order in the Online Store.

(3) The application for rejection of an amendment and/or supplement to the General Terms and Conditions within the period under the previous paragraph is equivalent to a unilateral application for termination of the Agreement.

X. TERMINATION

Art. 25. These General Terms and Conditions and the User's contract with the Provider shall be terminated in the following cases:

1. upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;

2. by mutual agreement of the parties in writing;

3. in the event of objective impossibility of any of the parties to the contract to fulfill its obligations;

4. upon seizure or sealing of the equipment by state authorities;

5. in the event of deletion of the User's registration in the Online Store. In this case, the already concluded but unfulfilled purchase and sale contracts shall remain in force and shall be subject to execution;

6. in the cases under Art. 23, para. 3.

Art. 26. The Provider has the right, at its own discretion, without prior notice and without paying compensation, to unilaterally terminate the contract if it establishes that the User is using the Online Store 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 electronic commerce.

XI. LIABILITY

Art. 27. The User undertakes to indemnify and hold harmless 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 the 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. 28. The Provider is not liable in the event of force majeure, accidental events, problems on the Internet, technical or other objective reasons, including orders of the competent state authorities.

Art. 29. (1) The Provider is not liable for damages caused by the User to third parties.

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

(3) The Provider is not liable for the time during which the Online Store was not accessible due to force majeure.

(4) The Provider is not liable for damages from comments, opinions and publications under the products, news and articles in the Online Store.

Art. 30. (1) The Provider is not liable in the event of overcoming the security measures of the technical equipment and this results 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 occurring as a result of 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.

XII. OTHER CONDITIONS

Art. 31. (1) The User and the Provider undertake to protect each other's rights and legitimate interests, as well as to keep their trade secrets that have become known to them 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, social networks, Internet forums, personal or public websites, etc. may be considered public.

Art. 32. The possible invalidity of any of the provisions of these General Terms and Conditions shall not lead to the invalidity of other provisions of the General Terms and Conditions or the contract.

Art. 33. For issues not settled in this contract, related to the performance and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.

Last update: 01.07.2025