Atr. 1. These general conditions are intended to regulate the
relations between "INDRALEK"
OOD, hereinafter referred to as SUPPLIER,
and customers, hereinafter referred to as USERS
of the etnabio.com electronic store, hereinafter referred to as "EtNABIO"
.II PROVIDER DATA
Atr. 2. Information under the Electronic Commerce Act and the
Consumer Protection Act:
Name of the Supplier: "INDRALEK"
Correspondence details: e-mail: firstname.lastname@example.org,
phone: +359 879 480 041
Personal data controller certificate number: 420514.
(1) Commission for the Protection
of Personal Data
Address: Sofia, str.
"Ivan Evstatiev Geshov"
phone: (02) 940 20 46
fax: (02) 940 36 40
(2) Consumer Protection Commission
Address: 1000 Sofia, "Slaveikov" square #4A, floors 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Registration under the Value
Added Tax Act - registered.
III. Characteristics of EtNABIO
is an electronic store with an Internet address https://etnabio.com/, through which Users have the opportunity to
conclude contracts for the purchase and sale and delivery of the goods offered
by "INDRALEK" OOD,
including the following:
1. To register and create a
profile to view "EtNABIO" and use the additional services to
2. To review the goods, their
characteristics, prices and terms of delivery;
3. To conclude contracts for the
purchase and sale and delivery of the goods offered by "INDRALEK" OOD;
4. To make any payments in
connection with the concluded contracts with "INDRALEK" OOD, according to the electronic means of
payment supported by "EtNABIO".
5. To receive information about new goods offered
by "INDRALEK" OOD;
6. To make electronic statements
in connection with the conclusion or execution of contracts with "INDRALEK" OOD through the
interface of the "EtNABIO" page, available on the Internet;
To be notified of the rights arising from the law primarily
through the interface of the "EtNABIO" page on the Internet;
Art. 4. The Supplier delivers 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 a contract for the purchase and sale of the
goods offered by "EtNABIO" through the Supplier's interface, available on its website at https://etnabio.com/.
(2) By virtue of the contract
concluded with the Users for the
purchase and sale of goods, the Supplier
undertakes to deliver and transfer ownership of the goods specified by him
through the interface to the User.
(3) Users shall pay the Supplier remuneration for the delivered
goods in accordance with these general terms and conditions. The remuneration
is in the amount of the price announced by the Provider at the address of "EtNABIO" on the Internet.
(4) The Supplier delivers the goods requested by the Users within the terms and under the
conditions set by the Supplier on
page and in accordance with these general terms and conditions.
Art. 6. (1) The User and the Supplier agree that all statements between them in connection
with the conclusion and execution of the sales contract can 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 during registration, if the User has entered the corresponding name
and password for access.
REGISTRATION TO USE EtNABIO
Art. 7. (1) In order to use "EtNABIO" to conclude contracts for the purchase
and sale of goods, the User should
enter a username and password of his choice for remote access.
(2) The name and password for
remote access are determined by the User,
by performing an online registration on the Provider's website, in accordance with the procedure specified
(3) By filling in his data
and pressing the "Yes" and "Registration" buttons, the User declares that he is familiar with
these general conditions, agrees with their content and undertakes to abide by
(4) The Provider confirms the registration made by the User by sending a letter to the e-mail address specified by the User, to which the data for
activating the registration is also sent. After activation, the User's account is created and a
contractual relationship is established between him and the Provider. The
e-mail address provided during the initial registration, as well as any
subsequent e-mail address used for the exchange of statements between the User and the Provider, is the "Primary contact e-mail address"
within the meaning of these general terms and conditions.
(5) When registering, the User undertakes to provide correct
and up-to-date data. The user
undertakes to promptly update the data specified in his registration in the
event of a change.
Art. 8. (1) The User has the right to change his
Primary contact email address.
(2) Upon receipt of a request
to change the Main contact email address, the Provider sends a request for
confirmation of the change. The confirmation request is sent by the Provider to
the new Primary contact email address specified by the User.
(3) The change of the Primary
contact electronic address is carried out after confirmation by the User, expressed through a reference
contained in the request for confirmation sent by the Provider to the new Primary contact electronic address
specified by the User.
(4) The Supplier informs the
User of the change made, by means of an electronic letter sent to the Main
contact electronic address specified by the User before making the change under
(5) The Provider shall not be liable to the User for an unlawful change of the Primary Contact Email
(6) The Provider may require the User to use the Main Contact Email
Address in specific cases.
TECHNICAL STEPS FOR
CONCLUSION OF A PURCHASE-SALE AGREEMENT
Art.. 9. Users mainly use the interface of the Provider's page to conclude contracts for the purchase and sale
of the goods offered by the Provider in
conclude the purchase and sale contract with the Supplier according to the following procedure:
Registering in "EtNABIO" and providing the necessary data if the User has not yet registered in "EtNABIO";
Entering the "EtNABIO"
ordering system by identifying with a name and password;
Selecting one or more of the offered goods of "EtNABIO" and adding them to a list of goods for
Selection of goods from the list of goods for purchase, for
which a sales contract will be concluded;
Provision of data for making the delivery;
Choice of method and moment of payment of the price.
Art. 11. (1) The Supplier and the Users conclude separate contracts for the purchase and sale of
the goods requested by the Users,
regardless of the fact that they are selected with one electronic statement and
from one list of goods for purchase.
(2) The supplier may deliver together and simultaneously the goods
ordered with separate sales 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 delivered
goods does not affect and has no effect on the sales contracts for the other
goods. 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 purchase and sale of certain goods does
not affect the contracts for the purchase and sale of the other goods delivered
to the user.
Art. 12. When exercising the rights under the sales contract, the User is obliged to specify
precisely and unequivocally the contract and the goods in relation to which he
exercises the rights.
Art. 13. The user can pay the price for the individual sales 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.. 14. The rules of this section
VII of these general conditions apply only to Users who, according to the data
specified for the conclusion of the sales contract or during the registration
it can be concluded that they are users within the meaning of the Law for
consumer protection, the Electronic
Commerce Act and/or Directive 97/7/EC of the European Parliament and of the
Council of 20 May 1997 on consumer
protection in relation to distance contracts.
Art. 15. (1) The main characteristics of the goods
offered by the Supplier are defined in the profile of each good on the "EtNABIO"
(2) The price of the goods, including all taxes and fees, is
determined by the Supplier in the
profile of each product on the website of
(3) The value of the costs of delivery of the products, not
included in the price of the goods, is determined by the courier company, a partner
of the SUPPLIER and is provided as
information to the Users at one of the following times before concluding the
In the profile of each of
the goods on the website of the "EtNABIO" Supplier;
When selecting the goods
for the conclusion of the contract of sale;
(4) The method of payment, delivery and execution of the contract
is determined in the present general conditions and the information provided to
the User through the website of the
(5) The information provided to the Users under this Article is current at the time of its
visualization on the website of the
Supplier of "EtNABIO" before the conclusion of the sales
Art. 16. (1) The User agrees that the Supplier has the right to accept advance payment for the
contracts concluded with the User for the purchase and sale of goods and their
(2) The User chooses independently whether to pay the Supplier the price for delivery of the goods before or at the time
of their delivery.
Art. 17. (1) The user has the right, without owing
compensation or a penalty and without giving a reason, to withdraw from the
concluded contract within 7 working days from the date of receipt of the goods.
(2) The right of refusal under para.
1 does not apply in the following cases:
the delivery of goods and the provision of services, the price of which depends
on the fluctuations of the financial markets, which the Supplier is unable to
the delivery of goods made according to the user's requirements or according to
his individual order;
the delivery of goods which, due to their nature, cannot be returned or are
subject to rapid spoilage, or there is a risk of deterioration of their quality
delivery of audio and video recordings or software products printed by the
delivery of newspapers, magazines and other periodicals;
(3) When the Supplier
has not fulfilled its obligations to provide information, defined in art. 54 of
the Consumer Protection Act, the
consumer has the right to withdraw from the concluded contract within three
months from the date of receipt of the goods. When the information under this
paragraph is provided to the user within the opt-out period, the same begins to
run from the date of its provision.
(4) In the event that the user exercises his right of refusal
under para. 1, The
supplier is obliged to reimburse him in full the sums paid by the user no later than 30 calendar days
from the date on which the user exercised his right to withdraw from the
concluded contract. The costs of returning the goods shall be deducted from the
sum paid by the consumer under the
contract, unless the consumer has returned the goods at his own expense and
notified the Supplier thereof.
(5) The user undertakes to
store the goods received from the
supplier, their quality and safety during the period under para. 1.
Art. 18. (1) The term of delivery of the goods
is determined for each good separately when concluding the contract with the
user through the website of the "EtNABIO" Supplier.
(2) In the event that the user and the Supplier have not determined a delivery time, the delivery time
of the goods is 30 working days, calculated from the date following the sending
of the user's order to the Supplier through the website of the Supplier "EtNABIO".
(3) If the Supplier
cannot fulfill the contract due to the fact that it does not have the ordered
goods, it is obliged to notify the consumer of this and to refund the sums paid
by it within 30 working days from the date on which the Supplier should have fulfill its obligation under the
(4) In the cases under para. 3, The supplier has the right to supply the
consumer with goods of the same quality and price. The supplier notifies the user electronically of the change in the
execution of the contract.
(5) In the case of exercising the right of withdrawal from the
supply contract under para. 4, the costs of returning
the goods are for the account of the
Art. 19. (1) The supplier hands over the goods to the
consumer after certifying the fulfillment of the requirements and the presence
of the circumstances under Art. 61 of the Consumer Protection Act.
(2) The User and the Supplier
certify the circumstances under para. 1 in writing at the time of delivery by handwritten signature.
(3) The User and the Supplier agree
that the requirements under para. 1
and Art. 61 of the Consumer
Protection Act will be complied with if the authentication is carried out
by a person who, according to the circumstances, can be inferred to pass on the
information to the consumer - a party to the contract.
VIII. OTHER TERMS
Art. 20. (1) The Supplier delivers and hands over the goods to
the User within the time limit specified at the conclusion of the contract.
(2) If the term under para. 1 is not
expressly agreed between the parties at the conclusion of the contract, the
Supplier delivers and delivers the goods within a reasonable time, but not
later than 2 months.
Art. 21. (1) The User must inspect the goods at the time of
delivery and handover by the Supplier and if it does not meet the requirements,
notify the Supplier immediately.
(2) If the User does
not notify the Supplier according to
para. 1 the goods are considered to be approved as
conforming to the requirements except for hidden defects.
Art. 22. For the cases not regulated in this section, the commercial
sale rules defined in the Commercial Law apply.
PROTECTION OF PERSONAL DATA
Art. 23. (1) The Provider takes measures to protect the User's
personal data in accordance with the
Personal Data Protection Act.
(2) For reasons of security of the Users' personal data,
the Provider will send the data only to the e-mail address that was
specified by the Users at the time of registration.
Art. 24. (1) At any moment, the Provider has the right to require the User to identify himself and certify the reliability of each
of the circumstances and personal data announced during registration.
(2) In the event that, for any reason, the User has forgotten or lost their username and password, the Provider has the right to apply
the announced "Procedure for
lost or forgotten usernames and passwords".
AMENDMENT AND ACCESS TO THE
TERMS AND CONDITIONS
Art. 25. (1) These
general terms and conditions may be amended by the Provider, of which the latter will notify all Users of "EtNABIO"
in an appropriate manner.
(2) The Supplier and the User agree that any addition and amendment to these general
terms and conditions will be effective against the User after the Supplier
has expressly notified him and if the User does not state within the 14-day
period granted to him that he rejects them.
(3) The User agrees that all statements of the Provider in connection with the
amendment of these general conditions will be sent to the e-mail address
specified by the User during
registration. The user agrees that e-mails sent pursuant to this article do not
need to be signed with an electronic signature in order to be effective against
Art. 26. The Provider publishes these general terms
and conditions at https://etnabio.com/, together with all additions
and amendments to them.
Art. 27. These general terms and conditions and the User's contract
with the Supplier are 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 agreement of the parties in writing;
In case of objective inability of one of the parties to the
contract to fulfill its obligations;
When the equipment is seized or sealed by state authorities;.
In case of deletion of the
User's registration on the "EtNABIO" website. In this case, the concluded but
unexecuted purchase and sale contracts remain valid and enforceable;
Art. 28. The Supplier has the right at its discretion,
without giving notice and without paying compensation, to unilaterally
terminate the contract, in case it finds that the User uses "EtNABIO" in violation of these general conditions, the
legislation in the Republic of Bulgaria, generally accepted moral norms or
generally accepted rules and practice in electronic commerce.
Art. 29. The User undertakes to indemnify and indemnify the Provider from legal claims and
other claims of third parties (whether justified or not), for all damages and
costs (including attorney's fees and court costs) arising from or in connection
with (1) non-fulfillment of any of the obligations under this contract, (2)
violation of copyright, production rights of broadcasting or other intellectual
or industrial property rights and (3) illegal transfer to other persons of the
rights granted to the User, for the term and under the terms of the contract.
Art. 30. The provider is not responsible in case 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 responsible for damages caused
by the User to third parties.
(2) The Provider is not responsible for property or non-property
damages, expressed in lost profits or suffered damages, caused to the User in the process of using or
not using "EtNABIO"
and concluding sales contracts with
(3) The supplier is not responsible for the time during which "EtNABIO"
is not available due to force majeure.
Art. 32. (1) The supplier is not responsible in case 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 Supplier shall not be liable in the event of the conclusion of
a contract for purchase and sale, provision of 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
the circumstances can believes that this person is the User.
XIII. OTHER TERMS
Art. 33. (1) The User and the Supplier undertake to protect each other's rights and legal
interests, as well as to protect their trade secrets, which became their
knowledge in the process of executing the contract and these general terms and
(2) The User and the Supplier undertake, during and after the expiration of the
contract period, not to make public any written or oral correspondence between
them. The publication of correspondence in print and electronic media, Internet
forums, personal or public websites, etc. can be considered public domain.
Art. 34. In the event of a conflict between
these general terms and conditions and provisions in a special contract between the Provider and the User, the clauses of the special contract shall prevail.
Art. 35. The possible invalidity of any of the
provisions of these general conditions will not lead to the invalidity of the
Art. 36. All disputes arising from these general
conditions or relating to them, if they cannot be settled amicably between the Supplier and the User through negotiations, will be referred for resolution by
the Arbitration Court at the Bulgarian Chamber of Commerce and Industry, in
accordance with its Rules for cases based on arbitration agreements, Bulgarian
law will be applicable.
Art. 37. The laws of the Republic of Bulgaria
shall apply to matters not settled in this contract, related to the
implementation and interpretation of this contract.
Art. 38. These general terms and conditions
enter into force for all Users on January 1, 2014.