GENERAL TERMS AND CONDITIONS OF THE E-SHOP
www.bulgarianrose.bg
Dear visitors, please read these General Terms and Conditions carefully before using this website and before completing an order. By using this website, you are deemed to accept and agree to the published General Terms and Conditions.
Effective date: 04.02.2026
I. SUBJECT
Art. 1 (1) These General Terms and Conditions govern the relationship between the users of the electronic web pages and services located on the domain www.bulgarianrose.bg, its subdomains, and our Facebook page (hereinafter referred to as the "Site", "Website", "E-shop", "Merchant", "Seller", "Bulgarian Rose Plc", "Shop", or "We") and apply to our relationship with individual customers (hereinafter referred to as "You", "User", or "Visitor").
(2) For professional clients ("Professional"), these General Terms and Conditions apply with certain limitations. Provisions explicitly stated as applicable to "Users" (consumers) do not apply to professional clients. If a clause refers to "Clients" or "Buyers" generally, it applies to both consumers and professionals.
(3) By placing an order through the Site, a distance selling contract is deemed concluded with the e-shop, to which these General Terms and Conditions apply.
(4) These General Terms and Conditions also apply to orders made via phone, email, or social media (e.g., Facebook, Instagram, etc.).
II. SELLER DETAILS
Art. 3 Bulgarian Rose Plc (Bulgarian: "Българска роза" АД), UIC 115009344, VAT No. BG 115009344, with registered office and address for correspondence: Industrial Zone, Karlovo, Bulgaria.
Art. 4 You can contact us at:
III. DEFINITIONS
Art. 5 (1) "Visitor" refers to any adult individual who uses the Site in any way, including by browsing it or registering on it.
(2) "User" (Consumer) refers to an adult individual who purchases a product or service through an order on the Site for non-professional purposes. "Professional" refers to any legal entity or other legal entity that uses the Site in any way, including by browsing it, registering on it, and/or purchasing a product or service through an order on the Site for professional purposes.
(3) "Client" refers to any individual or legal entity that has placed an order for a good or service on the Site, regardless of whether they are a consumer or a professional.
(4) "Merchant", "Seller" refers to Bulgarian Rose Plc.
(5) "Account", "Profile" represents a section on the Site, formed by an email address, password, and personal data of a User or Client, which allows them to use the services of the Site in cases where an account is required for their use, and/or to view their orders.
(6) "Manufacturer" refers to an individual or legal entity that, by occupation, produces the goods offered in the e-shop and/or whose name/company name, production or other distinctive mark is indicated on the goods, their packaging, or the trade documentation.
(7) "Site", "E-shop", "Merchant", "Seller", "Bulgarian Rose Plc", "Shop", "Website" means the web page located at the following web address: www.bulgarianrose.bg, as well as any page on social networks or the internet related in any way to Bulgarian Rose Plc.
(8) "Goods", "Products" are all items in the shop representing movable property, which are individualized by a detailed description and/or color image, have an indicated price, and/or manufacturer.
(9) "Services" are all services in the shop that do not constitute goods and are individualized and priced.
(10) "Contract", "Distance Contract", "Order", "Request" covers all cases in which a contract is concluded between Bulgarian Rose Plc and a client through one or more of the following methods: i) order by mail; ii) order via internet (site, e-mail, social networks, platform); iii) order by phone or fax.
(11) "Distance Contract under Suspensive Condition" means a distance contract concluded between the Client and Bulgarian Rose Plc under the condition that it will be fulfilled under the agreed terms only upon the possibility of the Seller. The Seller is considered to have the possibility to fulfill the contract upon the cumulative presence of the following circumstances: i) has the goods in stock (when ordering goods); ii) can fulfill the contract within the time and under the conditions as agreed. The suspensive condition is considered fulfilled, and the contract becomes binding for the parties from the moment the Seller, personally or through a third party, has confirmed to the buyer the possibility to deliver the goods or service under the agreed terms. The suspensive condition is considered not to have occurred and the contract is not binding for the parties if the Seller notifies the Buyer of the impossibility of fulfillment, as well as in the absence of notification within 7 working days of the order that the Seller can fulfill the contract.
(12) "Voucher"/"Promo Code" is an electronic document issued by Bulgarian Rose Plc, with a validity period of 6 months, unless otherwise specified on the site or in the voucher announcement, which can be:
Art. 6 (1) Access to the Site for the purpose of registering an order or creating a profile is permitted to any person visiting the page. Registration as a user on the Site is at the visitor's discretion.
(2) The General Terms and Conditions of Bulgarian Rose Plc are binding for all clients of the Site. Any use of the Site means that You have carefully familiarized Yourself with them and have agreed to comply with them unconditionally.
(3) If any provision of these General Terms and Conditions for use of the Site is found to be invalid or unenforceable, regardless of the reason, this shall not entail the invalidity or unenforceability of the remaining provisions.
(4) The Site reserves the right, at its sole discretion, to limit the access of any client to placing an order and/or to any of the available payment methods, if it considers that this would be detrimental to the Seller in any way. In such cases, the client has the right to contact the "Customer Relations" department of the Site via the contact form or through the coordinates specified in Section II of these General Terms and Conditions to be informed of the reasons that led to the application of the above-mentioned measures. The Site shall not be held liable for any damages the client has suffered or may suffer as a result of this decision, provided it is justified and well-founded.
(5) In certain cases, the Client has the right to publish reviews regarding goods and/or services, as well as to contact the Site at the addresses specified in the "Contacts" section. Reviews or messages containing obscene words or inappropriate language will be removed from the Site or ignored.
(6) The Site may publish advertising or promotional information about goods and/or services and/or about the promotions offered by it on the Site for a specific period specified in the particular campaign.
(7) The characteristics or prices of the products and services described on the Site may be changed at any time. Due to technical reasons, they may contain errors, for which Bulgarian Rose Plc apologizes in advance to its clients and clarifies that it shall not be held liable for such errors.
Art. 7 (1) The General Terms and Conditions may be changed unilaterally by Bulgarian Rose Plc at any time by updating them on the website and in compliance with the provisions of the Consumer Protection Act (CPA).
(2) The updated General Terms and Conditions enter into force immediately upon their publication on the Site for all future clients and users, as well as for contracts concluded before the amendment with clients who are legal entities (professionals).
(3) Amendments to the General Terms and Conditions do not affect distance contracts concluded with consumers (individuals) before the update, unless Bulgarian Rose Plc has provided otherwise in compliance with the applicable legislation and Art. 8 of these General Terms and Conditions.
Art. 8 (1) In the event that Bulgarian Rose Plc wishes to bind consumers with active and unfulfilled or non-terminated contracts (orders) at the date of the update to the amended General Terms and Conditions, the merchant shall notify the consumers via email within 7 days of the amendment.
(2) If the consumer does not agree with the amendments to the general terms and conditions, the latter may, within 1 month of notification, withdraw from the contract via written notice to Bulgarian Rose Plc without stating a reason and without owing compensation or a penalty, or continue to fulfill it under the general terms and conditions in force before the amendment.
(3) If the consumer fails to do so within the specified period, the updated General Terms and Conditions shall enter into force for the consumer after the expiration of 1 month from the notification.
(4) The General Terms and Conditions enter into force immediately for all clients, without the need for notification, if the changes made to the conditions are mandated by an effective regulatory act.
(5) The updated general terms and conditions are binding for commercial clients (professionals) from the day of their update or from the date specified in the notification of amendment.
Art. 9 Bulgarian Rose Plc makes serious efforts to maintain the accuracy of the information presented on the Site. However, given possible technical errors or omissions in this information, Bulgarian Rose Plc clarifies that product images are illustrative and indicative; accordingly, delivered products may differ from the images.
Art. 10 (1) All goods, including those on promotion/sale, are sold and delivered while stocks last, even if this is not explicitly noted on the Site.
(2) Certain advertisements and offers are linked to a minimum or maximum quantity that can be purchased by a single client. If applicable, this is described in detail in the individual offer.
Art. 11 The Site may contain links or internet connections to other sites. Bulgarian Rose Plc is not responsible for the privacy policy and terms of use of websites it does not administer, nor for any other information contained therein.
Art. 12 All images placed on the Site have the sole purpose of providing some idea of the type of the offered good/service and not to represent it exactly. Accordingly, it is possible that some of the images of the goods or services on the site (static/dynamic images/multimedia presentations, etc.) may not correspond to the appearance of the respective good or may create a wrong impression of the offered service. The Seller shall not be held liable for such discrepancies unless they are substantial.
V. CONCLUSION OF THE CONTRACT
Placing an order through the Site
Art. 13 (1) The Client expresses their desire to order/purchase a good/service through the Site by placing an electronic order, which is possible with or without a registered profile on the Site. After confirming the General Terms and Conditions, your order shall be considered placed.
(2) If the User is at least 18 years of age, they have the right to order all goods and services specified on the Site, unless they are out of stock and only if the User is legally capable of entering into binding contracts.
(3) When placing an order through the Site, the Client has the right to choose the type of goods or services, as well as their quantity, according to the options offered on the Site. The system may require you to select other characteristics (e.g., color) if the selected products/services are available in different variations.
(4) After you have selected the desired products/services and their quantity from the website, you should add them to the shopping cart by clicking on "Add" or another similar button. You should then follow the ordering process, having the option to proceed directly to finalizing the order or to continue shopping on the Site.
(5) Before completing the order, you will be given the opportunity to choose the payment method and delivery terms, and in certain cases, to enter a promo code for a discount.
(6) You will be required to provide data without which it is impossible for us to fulfill the contract. Such data usually includes names, delivery address (when ordering goods), telephone number, and email address; and for commercial clients (professionals) – company name, UIC (Unified Identification Code), VAT number, manager, and invoice data (if you require one). In certain cases, you will be given the opportunity to register on the Site as a user.
(7) Before completing an order, the Client should ensure that they are ordering a specifically selected product (good or service) with certain characteristics from the category of interest.
(8) The Client undertakes and is responsible for ensuring that all data provided to Bulgarian Rose Plc in connection with the order is true, complete, and accurate as of the date the order is sent. Upon any subsequent change to this data, the client must notify Bulgarian Rose Plc within 3 days. Failure to do so shall result in the assumption that the client's data remains as entered during the order. Costs resulting from changed data, such as re-delivery, shall be covered by the client.
(9) After ensuring the content and data of the order are correct, the client should click on the "Order", "Buy", "Continue", or another similar button. By sending the order, the client authorizes Bulgarian Rose Plc to contact them by any possible means when necessary in connection with the placed order, its delivery, or the concluded contract. At this stage of the order, but before its completion, the Site indicates to the client that an obligation to pay exists.
(10) The site contains separate and clear categories for goods and services at a reduced price during promotional campaigns, or due to a defect in the product or its packaging as described in the advertisement, as well as when an unpacked or sample product is offered. This is explicitly stated in the advertisement on the Site. All other offered products are new and unused, of the required quality. Discounts during promotional campaigns are valid only for orders placed after the start of the campaign. Requests from clients who abuse their rights in order to benefit from discounts on goods purchased before the campaign will not be granted.
(11) Bulgarian Rose Plc ensures appropriate packaging of the goods and the dispatch of accompanying documents. If, for any reason, the shipment does not contain a document or component required for the ordered product, please contact us, and we will do our best to provide it as quickly as possible.
Confirmation of the Order
Art. 14 (1) When an order is placed through the Site, by phone, email, or via social networks, the Site sends a notification to the user by email or to their address, whereby the distance contract between You as a consumer and Bulgarian Rose Plc is considered concluded under a suspensive condition within the meaning of Art. 5, Para. 10 of these General Terms and Conditions. The notification also certifies the successful registration of the order in the merchant's system, which does not constitute acceptance, confirmation, or commitment to fulfill it, unless otherwise stated in the notification. This notification also contains information under Art. 47 and Art. 48 of the Consumer Protection Act, respectively an extract from these General Terms and Conditions, as well as data regarding Your order. In the case of an order by a professional client, the contract is considered concluded from the moment of the order, and the site sends a confirmation only if it deems it necessary.
(2) Notification of acceptance and commitment to fulfill the order is made by the seller via the notification under Para. 1 or by a courier when the goods have already been handed over to them by the seller. In the latter case, the courier acts on behalf of Bulgarian Rose Plc. At its discretion, the merchant may also notify the consumer and the professional client via email, SMS, or phone call.
(3) Until the notification under Para. 2, Bulgarian Rose Plc has the right not to deliver some or all of the goods or not to perform some or all of the services in the order for various objective reasons, including but not limited to stock exhaustion. In such cases, the Seller's sole liability for non-fulfillment is to refund any advance payment received for the goods or services, without owing compensation for non-fulfillment.
Entry into Force of the Contract
Art. 15 (1) The distance sales contract between the seller and the consumer is considered concluded under a suspensive condition from the moment the consumer receives the notification under Art. 14, Para. 1 regarding the order registered with the seller. The contract is considered concluded from the moment of the order in the event that the client is a professional, regardless of whether they have received a confirmation under Art. 14, Para. 1 of these terms by email.
(2) By virtue of the contract concluded between the parties, the seller undertakes, upon fulfillment of the conditions specified in Art. 5, Para. 10, to deliver the goods or services ordered from the seller personally or through third parties to the client or to persons designated by them, within the terms and conditions of these General Terms and Conditions, and the buyer undertakes to pay the agreed price and to accept the delivered good or service.
(3) The contract binds the parties from the moment the seller notifies the client that the good or service can be delivered, whereby notification is made by email and/or via SMS or a call to the client stating that the good is ready for dispatch or the service can be provided.
(4) The sales contract concluded between the client and Bulgarian Rose Plc consists of these General Terms and Conditions and any potential additional agreements between the seller and the client present in the confirmation of the concluded contract under Art. 14, Para. 1.
VI. TRANSFER OF OWNERSHIP
Art. 16 (1) In the sale of goods, the ownership of the goods shall be transferred from Bulgarian Rose Plc to the client upon the delivery of the goods to the client or to a third party located at the delivery address, and after the payment has been made by the client, provided the value has not been prepaid.
(2) The delivery of the goods is evidenced by the signature of the client or the third party or a representative of the client on the transport document or the receipt provided by the courier.
(3) The risk of loss or damage to the goods passes to the client from the moment the goods are handed over by the courier to the client or to third parties. If the courier is a person chosen by the client, the risk passes to the client from the moment the goods are handed over by Bulgarian Rose Plc to the carrier. In all cases, if a transport defect is established, the client is obliged to inform Bulgarian Rose Plc within the terms and under the conditions of Art. 25 of these General Terms and Conditions.
VII. PAYMENT
Art. 17 (1) The prices of the goods and services announced on the Site are final.
(2) The Website contains a large number of goods, and it is possible, despite our best efforts, that some of the characteristics of the goods, including the price, may be incorrect. If we discover an error in the price of the goods you have ordered, we will inform you as soon as possible. We will give you the opportunity to reconfirm your order at the correct price or to cancel it.
(3) Bulgarian Rose Plc is not obliged to sell goods or services at incorrectly specified prices on the website.
Art. 18 (1) The price, payment method, and payment term are specified in each order.
(2) Orders for products offered by the seller with a value exceeding BGN 2,000 cannot be paid upon delivery (Cash on Delivery); they must be paid in full or in advance via bank transfer or by bank card through the site. Usually, if a prepayment is required, it is indicated in the advertisement.
(3) Bulgarian Rose Plc will issue an invoice to the client for the ordered goods or services based on the information provided by the client. When the latter has not indicated that they require an invoice, Bulgarian Rose Plc or the courier shall provide only a fiscal receipt and/or a sales receipt for the cash payment received, in accordance with the applicable legislation.
(4) In the case of payments via PayPal or other similar payment systems, or payments by bank transfer or card (where such options are available), the seller is not responsible for any costs related to fees, commissions, or other additional payments made by the client in connection with the transaction, nor in cases of currency exchange applied by the bank that issued the client's card when the currency is other than Euro (EUR).
(5) Card payments to the Site are treated as international payments by banks in Bulgaria, and according to their rules for card operations and card payments for such types of transactions, some banks or other institutions charge additional fees. The costs associated with such payments are solely at the expense of the buyer. Therefore, Bulgarian Rose Plc recommends its clients to check with their bank for possible additional fees that could be charged for online payments or bank payments for products and services sold through the Site.
Art. 19 (1) The client is obliged to provide all the necessary information for the issuance of the invoice in accordance with the applicable Bulgarian legislation, in case one is required. This can be done at the time of placing the order or later via a message to the seller.
(2) For the purpose of correctly issuing the invoice for the respective order, the client is obliged to constantly update the data in their profile (if registered) or in their order. They are obliged to review the information specified in the respective order to ensure that it is complete, true, and accurate.
Art. 20 Orders from the site can be paid in the following ways:
(1) In cash via Cash on Delivery (COD) / Postal Money Order (for orders of goods) – in this case, the value of the ordered goods and delivery (unless free) must be paid by the client, or a third party/representative designated by them, to the courier performing the delivery at the time of receiving the goods against a fiscal receipt provided by the latter. When this method is selected, an additional "Cash on Delivery" fee is charged. Payments are also accepted in cash upon delivery by another carrier or the seller's own transport, in which case the client receives a cash receipt for the payment made.
(2) Via Bank Transfer – in this case, the value of the ordered goods and/or services and delivery (unless free) must be paid by the client or a third party chosen by them to the seller's bank account. The payment is considered complete only after it has been confirmed and the respective amount has been credited to the bank account of Bulgarian Rose Plc.
(3) Via Debit or Credit Card (Virtual POS Terminal) – in this case, the value of the ordered goods and/or services must be paid by the client or a third party chosen by them through the payment system of our partner, indicated during the payment stage. The client is redirected directly and automatically to the operator's site, where the payer must enter their card details (card number, validity, cardholder, and the last 3 or 4 digits of the security code - CVC/CVV). These data are transmitted to the payment service operator's system for transaction confirmation. The payment is considered complete only after the client agrees to the operator's terms, the system successfully registers the payment, and the amounts are credited to the account of Bulgarian Rose Plc. By providing the necessary data, the client or third-party payer identifies themselves, confirms the payment amount, and instructs the card account to be debited and the amount transferred to the account of Bulgarian Rose Plc. Bulgarian Rose Plc does not receive any data regarding your credit or debit cards. The client has no right to dispute a payment confirmed by entering a correct identification password, CVC/CVV security code, personal secret password for 3D identification, or any other password/code, or a payment confirmed via a 6-digit access code for a mobile application. The delivery cost (unless free) is paid upon receipt of the goods to the courier against a fiscal receipt.
(4) Via Voucher – under the conditions of Art. 21 of these terms.
Voucher Payment
Art. 21 (1) In certain cases, Bulgarian Rose Plc issues vouchers of a specific value, which is paid by the client upon ordering the voucher. These vouchers can be used under the terms and within the periods specified in the voucher itself. Unless otherwise stated in the specific voucher or its advertisement, vouchers of a specific value may be used within a 6-month period from the date of order and issuance, for a single use, and towards goods and services offered on the site that are not part of a promotional campaign and have a value equal to or higher than the voucher's value. When purchasing goods or services at a value exceeding the amount paid for the voucher, the client undertakes to pay the difference to the seller under the terms and deadlines applicable to standard purchases and according to the payment method chosen by the client for the specific good or service. In the case of a purchase via voucher for goods or services of a lower value, the difference is not refunded to the client and cannot be transferred to future purchases through the site. The same applies if the voucher is not used within the specified period. Unless the voucher is registered to a specific person (non-nominal) and unless otherwise stated, it may be used by any person who possesses it.
(2) In certain cases, Bulgarian Rose Plc issues vouchers that guarantee a discount upon the purchase of goods or services from the site. Vouchers of this type are offered by the shop free of charge to the client, i.e., as a gift for clients who have purchased goods or services above a certain value or during a promotional campaign (e.g., upon first registration, first order, or other). The discount to which the voucher recipient is entitled is specified as a certain percentage or as a specific value. These vouchers can be used under the terms and within the periods specified in the voucher itself. Unless otherwise stated in the specific voucher or advertisement, vouchers guaranteeing a discount may be used within a 6-month period from the date of order and issuance, for a single use, and towards goods and services offered on the site that are not part of a promotional campaign and have a value higher than that specified in the voucher (Example: if the voucher states that it guarantees the recipient a discount of 20% on selected goods or services and can only be used for orders valued over BGN 20, this means that you can use the voucher and the guaranteed discount for purchases exceeding BGN 20, i.e., BGN 20.01 or more). Unless the voucher is non-nominal and unless otherwise stated, it may be used by any person who possesses it. The voucher cannot be reissued for cash value.
(3) The voucher cannot be reissued for cash value and is not subject to withdrawal, return, or exchange. If you return a product or service paid for with a voucher, provided the return is lawful and takes place within the period of the voucher's validity, the conditions under Art. 31a of the General Terms and Conditions shall apply.
VIII. DELIVERY OF GOODS
Method of Delivery
Art. 22 (1) Bulgarian Rose Plc undertakes to deliver the ordered and purchased goods through the courier company Speedy to an address specified by the client or to an office of the courier company, depending on the client's choice. Deliveries to an address are carried out to the door of the building (ground floor).
(2) In the event that the client is registered on the Site and has more than one address saved in their profile, the delivery will be sent to the one specified as the primary address.
(3) Bulgarian Rose Plc shall perform the delivery of goods and the provision of services on the territory of Bulgaria, according to the terms specified in Art. 22, items 1 and 2. Upon receipt of orders in the e-shop of Bulgarian Rose Plc with deliveries to other countries in the European Union or to third countries, Bulgarian Rose Plc shall contact the client at the coordinates provided in the order to clarify the terms and the price of delivery.
Delivery Price
Art. 23 (1) Bulgarian Rose Plc provides the right to free delivery to a Speedy office of the client's choice within the territory of the Republic of Bulgaria for orders exceeding the value of EUR 40.00.
(2) All deliveries of goods within the territory of the Republic of Bulgaria are carried out by the courier company Speedy under the following conditions:
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*Some settlements (most villages and some towns) are subject to a special delivery regime by the courier companies ("on schedule"). You will be informed by us in the presence of such circumstances. *In the event of withdrawal from an order within the 14-day period where the initial delivery was chosen to the client's address, the client shall pay the courier costs for both the initial delivery and the delivery for returning the product. |
(3) Upon the client's expressed wish for the delivery to be performed by a courier company other than Speedy, the terms and delivery prices shall apply according to the effective tariff of the respective courier company and shall be payable at their office upon receipt of the shipment.
Delivery Time
Art. 24 (1) Orders for goods from Bulgarian Rose Plc are accepted 24 hours a day, including weekends and public holidays. Accepted orders are processed and dispatched via courier within 1 to 3 working days, unless otherwise agreed, starting from the day you received the notification under Art. 14, Para. 2 that we will fulfill the order, respectively from the date of the order or received payment (for orders paid via bank transfer).
(2) The maximum delivery time for goods within the Republic of Bulgaria is 7 (seven) working days from the date of confirmation by the seller under Art. 14, Para. 2 that the order will be fulfilled, unless otherwise agreed.
(3) The delivery period is extended accordingly by the number of non-working days for orders placed on Friday, Saturday, Sunday, and during public holidays. Please note that the standard delivery time does not apply to all offered goods. For goods with a longer delivery period, this is noted in the advertisement of the product itself.
(4) Bulgarian Rose Plc reserves the right to unilaterally extend the delivery period by up to 7 working days without notifying the client, and to extend the periods by more than 7 working days with the prior consent of the latter.
(5) In all cases, delays in the specified delivery times are possible, for which you will be promptly notified by Bulgarian Rose Plc.
(6) Bulgarian Rose Plc shall not be held liable for delays in delivery due to circumstances beyond the control of Bulgarian Rose Plc, such as delays by the courier performing the delivery, prohibitions by a state authority, emergency or force majeure circumstances, or "force majeure" as per Art. 306 of the Commercial Act.
(7) Bulgarian Rose Plc has the right to unilaterally extend the delivery period or refuse delivery of goods or services in cases where the order is requested with payment via bank transfer or virtual POS/card and the payment has not been credited to the seller's account.
Art. 25 (1) Upon delivery of goods ordered from Bulgarian Rose Plc, the client undertakes to carefully inspect them personally or through a third party authorized by them receiving the same.
(2) Upon establishing external visible defects – possible damages, impacts, or other damages identified during delivery, the client or the third party should refuse to accept the goods, stating the reason for refusal in writing, or if they accept them – sign a damage report in the presence of the courier, in which the established defects are described, and immediately, no later than 72 hours from delivery, notify Bulgarian Rose Plc of the issue.
(3) When the delivered goods obviously do not correspond to those ordered by the client and this can be established through an ordinary inspection of the delivered goods, the client has the right, within a period of 72 hours, to request Bulgarian Rose Plc to replace the delivered goods with goods corresponding to the order.
(4) Notification may be carried out by any of the methods listed in Section II of these General Terms and Conditions or through the contact form on the website.
(5) Upon receipt of a notification regarding an obvious defect under the preceding paragraphs, Bulgarian Rose Plc shall replace the damaged/non-conforming goods no later than within 14 days under the conditions of Art. 31, except in cases where goods of the same type are not available, for which Bulgarian Rose Plc shall inform the client in a timely manner and negotiate the terms of replacement. If replacement is not possible, we shall proceed with actions in accordance with Section X.
Acceptance of the Shipment
Art. 26 (1) Upon acceptance of the delivery by the client or a third party without remarks, any and all subsequent claims for external visible defects of the received goods shall be considered unfounded and, as such, shall not be satisfied. In the event that the goods are accepted and a damage report is not prepared and signed in the presence of the courier upon receipt of the goods, and/or the client does not immediately notify Bulgarian Rose Plc within 72 hours of delivery via the phone/email/address specified on the Site, it shall be assumed that the goods do not suffer from noticeable non-conformities, and the client loses the right to bring the established external visible defects into conformity with the sales contract.
(2) The above does not waive the consumer's right to file a claim under Section X, if there are grounds for it, and does not release Bulgarian Rose Plc from its obligation to offer goods and services conforming to the sales contract and to provide consumers with the rights arising from the legal guarantee.
(3) In case of refusal to accept the delivery without a valid reason, the consumer owes all costs for the delivery made, which include the price of courier services and packaging.
Art. 27 Upon delivery of the goods, the client or a third party accepting the delivery at the address specified by the client is obliged to sign the accompanying documents. A third party is considered any person who did not place the order but accepts the goods upon delivery at the delivery address specified by the client.
Art. 28 (1) In the event that a client or a person designated by them is not found at the specified delivery address within the delivery period and/or access to the delivery address is not provided, Bulgarian Rose Plc shall consider this an unjustified refusal of the order and shall be released from its obligation to deliver the requested goods, and the client shall lose the possibility of having the ordered goods delivered.
(2) Bulgarian Rose Plc reserves the right to send a notification for an unclaimed shipment to the electronic or physical address specified by the client, as well as to claim the costs for delivery and return of the good(s). Bulgarian Rose Plc and the client agree that the notification, when sent electronically, shall be considered written and received from the day of its dispatch by Bulgarian Rose Plc, without the need for the notification to be signed with an electronic signature.
(3) In the above-mentioned cases, the client may confirm their desire to receive the goods even after the expiration of the delivery period in which they were not found at the address, provided, however, that they bear all delivery costs. In this case, a new delivery period begins to run from the moment of confirmation. Bulgarian Rose Plc is released from the delivery obligation in the event that the ordered goods are no longer in stock.
(4) In the cases under Para. 2, the client owes Bulgarian Rose Plc payment for the amount of delivery and return of the goods within a 7-day period from the receipt of the notification, unless another period is specified in the notification.
*This section applies solely to Consumers, with the exception of Art. 38-40, which are applicable to both Consumers and Professional Clients.
Period for Right of Withdrawal and Right of Replacement
Art. 29 (1) Within a period of 14 days from the conclusion of the contract (the order), when a service is ordered, respectively within a period of 14 days from the receipt of the goods – when goods are ordered, the Consumer has the right to withdraw from the order of the goods/services from the Site without stating a reason or motive and without owing penalties or other compensations to Bulgarian Rose Plc, except for the costs for its return, as well as for the initial dispatch of the goods when the dispatch was made to an address specified by the consumer at their request, and not to a courier's office. In the event that the product and/or the packaging are damaged more than usual, Bulgarian Rose Plc has the right, under Art. 35, to deduct a corresponding amount for the diminished value of the goods from the amount subject to reimbursement, which cannot exceed the value of the goods.
(2) When the Consumer exercises their right of withdrawal from the distance contract or the off-premises contract, any additional contract shall be automatically terminated without the Consumer owing any costs, compensations, and/or penalties, with the exception of the costs provided for in Art. 29, Para. 1, in conjunction with Art. 35 of these General Terms and Conditions.
(3) The right of withdrawal does not apply in the cases under Art. 30.
(4) The period for withdrawal from an order containing multiple goods delivered on different days is 14 days, starting from the date on which the Consumer or a third party designated by them takes possession (receives) the last item of the order.
(5) The period for withdrawal from an order consisting of multiple lots or parts is 14 days, starting from the date on which the Consumer or a third party designated by them takes possession of the last lot or part.
(6) The period for withdrawal from a subscription order, where goods are regularly delivered for a specific period (e.g., a subscription to receive a product every month), is 14 days, starting from the date on which the Consumer or a third party designated by them takes possession of the first item.
Art. 30 The Consumer shall not have the right to withdraw from the concluded contract or to request the replacement of a product with another, and respectively, Bulgarian Rose Plc has the right not to honor an exercised withdrawal from an order in the following cases:
(1) The period for exercising the right of withdrawal has expired and the consumer has provided notification of withdrawal after the deadline; (2) The consumer has not returned the goods to Bulgarian Rose Plc within the period specified in Art. 33; (3) The consumer has not returned the goods in their entirety, together with all components and accessories; (4) There is insufficient data to consider that the product was purchased from Bulgarian Rose Plc (missing invoice, fiscal receipt, etc.); (5) The right of withdrawal is exercised for a service which, at the consumer's request, began immediately after the order and the consumer agreed to waive their right of withdrawal, and at the time of withdrawal, the service has been fully or partially performed; (6) The withdrawal clearly constitutes an abuse of right by the consumer – for example: i) the returned goods have clearly been used more than necessary for testing; ii) the consumer has damaged the goods or the return is due to the fact that the price was reduced after the order and the consumer wishes to return it to place a new order at the discounted price; iii) the withdrawal is from an order made to obtain a discount on a subsequent order and the withdrawal aims to keep the discount while canceling the qualifying order; iv) any other reason suggesting abuse of rights; (7) The consumer has returned the product with a Cash on Delivery (COD) request – in this case, Bulgarian Rose Plc has the right to refuse acceptance of the returned product and payment of the COD amount, and the consumer must resend the goods to Bulgarian Rose Plc without a COD request; (8) The withdrawal concerns a good or service whose price depends on fluctuations in the financial market which cannot be controlled by Bulgarian Rose Plc and which may occur during the withdrawal period; (9) For the delivery of goods made to the consumer's order or according to their individual requirements, as well as goods not mass-produced but manufactured individually and specifically for the consumer; (10) For the delivery of goods which, by their nature, may deteriorate in quality or have a short shelf life (e.g., opened primary packaging of cosmetic products or products offered at a reduced price due to an expiring shelf life, which was duly noted in the advertisement); (11) For the delivery of sealed goods which were unsealed after delivery and cannot be returned due to reasons related to hygiene or health protection (e.g., opened primary packaging of cosmetic products or products); (12) For the delivery of goods which, after delivery and due to their nature, have been mixed with other goods from which they cannot be separated, as well as goods already installed by the consumer, by Bulgarian Rose Plc, or by other persons and cannot be separated from other items, as well as goods processed by the consumer; (13) For the delivery of sealed audio or video recordings or sealed computer software which were unsealed after delivery, as well as those on which the consumer has performed configuration settings or other changes to the software; (14) For the provision of digital content not delivered on a tangible medium, when the performance has begun with the consumer's explicit consent and confirmation that they know they will lose their right of withdrawal; (15) For orders not made online (at a distance) or where the buyer is not a Consumer (is a Professional).
Art. 31 (1) Within a 14-day period from receipt of the goods, the consumer also has the right to replace a product if the delivered goods do not correspond to their expectations (color, size, other). In this case, the conditions of Art. 29 and Art. 30 of these terms apply. The consumer's right under this paragraph does not waive their right to a claim under Section X in case of non-conformity.
(2) Upon an exercised right of replacement and the presence of conditions for its approval, Bulgarian Rose Plc undertakes to replace the product with another within 14 (fourteen) days from the date the consumer returned the respective product to Bulgarian Rose Plc. If the seller does not have the requested product in stock, they shall offer the consumer another product; upon the consumer's consent, the replacement is made with that product, and in case of a price difference, the parties shall agree on the method of additional payment or refund. In the absence of consent, Bulgarian Rose Plc shall refund the amount paid for the goods within the terms specified in the preceding paragraphs. For purchases paid for with a voucher, please refer to Art. 31a.
Art. 31a. If you exercise your right of withdrawal from an order containing a product paid for with a voucher under Art. 21 of the General Terms and Conditions, and provided that the conditions of this section for honoring the withdrawal are met, the following terms shall apply:
1. If the withdrawal is exercised within 14 days of receiving the goods, the amount paid via the voucher (the value of the voucher) shall be reimbursed to the consumer within the terms and according to the procedure of Art. 34 and the following articles of this section. This provision also applies to any amounts that the consumer has paid additionally for the goods, if an extra payment was required. If the consumer wishes, Bulgarian Rose Plc may reissue a voucher for the paid value, which can be used within 6 months of its issuance, unless otherwise specified.
2. If the withdrawal is exercised in the period after the 14th day from the delivery of the goods, Bulgarian Rose Plc shall not accept the withdrawal, and the voucher will not be reissued; respectively, the amount paid for the order will not be reimbursed.
Notification of Withdrawal
Art. 32 (1) Notification by the consumer of withdrawal from the contract or a desire to replace the received product with another of the same type (for Consumer clients) must be made within the period specified in Art. 29, using one of the following methods:
(2) The consumer may, but is not obliged to, use the model Standard Withdrawal or Replacement Form as follows:
To: Bulgarian Rose Plc
Industrial Zone 1, 4300 Karlovo,
e-mail: contact@bulgarianrose.bg
Return address for orders:
Industrial Zone 1, 4300 Karlovo, Bulgaria
STANDARD WITHDRAWAL FORM
I hereby notify that I withdraw from the contract concluded by me for the purchase of the following goods/services:
I wish to have the amount paid for the goods and their delivery reimbursed to me via bank transfer / other method, with the following details:
Date: ……………….…………………………….
Consumer's Signature: ..........................................................................
(Sign only if this form is submitted on paper)
Returning the Goods
Art. 33 (1) Upon withdrawal from an order for goods from Bulgarian Rose Plc, as well as upon a request for replacement, the consumer must, within 14 days of notifying of the withdrawal or the desire to replace a product, return the product in its entirety and in the condition it was in upon receipt, together with the invoice issued by Bulgarian Rose Plc and/or the fiscal receipt issued by the seller or the courier who delivered the goods, to the address specified above. The consumer shall not return the goods under Cash on Delivery (COD) conditions.
(2) When returning the product, the consumer must instruct the postal operator or courier company that they wish to use the "Inspection of Goods" service, as our department checks the condition of the goods before accepting them back and refunding amounts to the consumer. It is a mandatory condition when returning the product that the consumer marks the package, or instructs the courier company to do so, with a "Fragile" indicator.
(3) The return of the goods is at the consumer's expense. If the consumer has not paid for the return delivery, Bulgarian Rose Plc shall deduct the delivery costs from the price subject to reimbursement and refund the difference to the consumer.
(4) Returned shipments with a "Cash on Delivery" request by the consumer will not be accepted until they are resent without "Cash on Delivery". Bulgarian Rose Plc requires processing time to check the content and condition of the returned shipment.
Reimbursement of Paid Amounts
Art. 34 (1) Upon an exercised right of withdrawal and the presence of conditions for its approval, Bulgarian Rose Plc undertakes to reimburse the price paid under the distance contract from which the consumer has withdrawn, within a period of 14 days from the notification of withdrawal; however, when goods are being returned by the consumer or a courier, within a period until the date on which the latter has returned the respective product or from the date of providing indisputable proof of the return of the product by the consumer, whichever occurs earlier. Upon an exercised right of withdrawal from services, the period for refunding the amounts paid by the consumer is 14 (fourteen) days from the date of notifying Bulgarian Rose Plc of the withdrawal. Reimbursement of amounts is carried out after deducting amounts under Art. 35, if applicable. The reimbursement of amounts for withdrawal from orders paid via voucher is carried out according to the procedure of Art. 31a of these terms.
(2) The amount subject to reimbursement under Para. 1 includes the price paid by the consumer for the good or service, excluding the price for courier services for returning the good, as well as the initial delivery if it was performed to an address specified by the consumer.
(3) The amount will be reimbursed as follows, without resulting in any additional costs for the consumer, unless the bank or payment institution serving them requires any fees:
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Payments for consumer orders shall be reimbursed 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 no costs are incurred by the consumer. Reimbursement of amounts for returned orders paid via voucher is carried out according to the procedure of Art. 31a. |
Deduction of Amounts
Art. 35 Bulgarian Rose Plc has the right to deduct the following from the value under Art. 34, Para. 1 before its reimbursement:
(1) An amount for the diminished value of the product, including its packaging, if upon return it is established that the product or packaging has been worn out and/or damaged beyond what is necessary for ordinary testing;
(2) An amount for the part of a service performed up to the moment of withdrawal, if the consumer has requested that the performance of the service begin immediately; if the client is a trader or professional, this clause applies without the need for explicit consent to start the service, and only if Bulgarian Rose Plc provides them with an option to withdraw;
(3) The proportional amount of what has actually been provided to the consumer up to the moment they notified Bulgarian Rose Plc of the withdrawal, if the consumer has requested that the performance of the service begin immediately; if the client is a trader or professional, this clause applies without the need for explicit consent to start the service, and only if Bulgarian Rose Plc provides them with an option to withdraw;
(4) The costs for returning the goods back to Bulgarian Rose Plc;
(5) The costs for the initial dispatch of the goods, when the dispatch, at the consumer's request, was performed to a specifically designated address and not to a courier company's office; if the client is a professional, they shall always owe and pay for the initial and subsequent dispatch of the product, in the event that Bulgarian Rose Plc provides them with an option to withdraw.
Art. 36 In cases where the performance of a service has begun within the 14-day period from the order with the consumer's prior consent and upon receipt of a transfer (deposit) from the latter, followed by a subsequent exercise of the right of withdrawal, Bulgarian Rose Plc has the right to deduct from the deposit an amount equivalent to what has been performed up to the moment of withdrawal. In the absence of a deposit, Bulgarian Rose Plc reserves the right to claim payment of the amount from the consumer. If the client is a trader or professional, this clause applies without the need for prior consent and only if Bulgarian Rose Plc provides them with an option to withdraw.
Extract from the Consumer Protection Act
Art. 37. A practical guide for withdrawing from an order can be found here.
Other Cases of Withdrawal (Cancellation)
*Applicable to both Consumers and Professional Clients
Art. 38 (1) Each party has the right to refuse to fulfill (to cancel) the placed order or its obligations under it, for which it shall notify the other party in an appropriate manner.
(2) If the cancellation of an order occurs before the confirmation by Bulgarian Rose Plc regarding the possibility of fulfillment within the meaning of Art. 14, Para. 2, neither Bulgarian Rose Plc nor the client shall be held liable or owe compensations or penalties to the other party for the cancellation.
(3) Bulgarian Rose Plc may unilaterally cancel an order in the event that the client has requested a product or service from the Site, indicating that the order is intended for a third party (e.g., as a gift) whose data has been provided for delivery purposes. Cancellation in this case may be carried out if Bulgarian Rose Plc suspects that the shipment has a threatening, reproachful, mocking, or other purpose contrary to good manners and morals.
Art. 39 The cancellation of an order does not entail any liability or subsequent obligation of either party to the other in connection with it, and accordingly, neither party has the right to seek compensation from the other for its cancellation in the following cases:
(1) Non-acceptance of the transaction by the client's issuing bank during online payment; (2) Execution of the monetary transaction which does not result in the receipt of funds into the seller's account during online payments; (3) Non-fulfillment or cancellation of an order by the seller before a confirmation is issued for the same within the meaning of Art. 14, Para. 2 of these General Terms and Conditions; (4) Abuse of right when placing the order.
Art. 40 In the cases under Art. 39, the order is cancelled automatically.
X. WARRANTY. RIGHT TO CLAIM
*This section applies solely to Consumers.
Non-conformity of the Good/Service with the Contract. Legal Warranty
Art. 41 (1) All consumer goods and services offered by Bulgarian Rose Plc are covered by a legal warranty for conformity with the contract (the order).
(2) Bulgarian Rose Plc is liable for any non-conformity of a service with the contract that existed at the time of its provision and manifested itself within two years after its execution, but no later than 14 days after the non-conformity was established.
(3) Upon delivery of goods, Bulgarian Rose Plc is liable for any non-conformity of the goods that existed on the day of delivery and manifested itself within two years after the delivery of the goods to the consumer or their representative. When the non-conformity appears within one year after the delivery of the goods, it shall be deemed to have existed at the time of delivery, unless proven otherwise or if this presumption is incompatible with the nature of the goods or the nature of the non-conformity. For non-conformities manifesting after one year from delivery, the consumer must prove that the cause of the defect is the responsibility of Bulgarian Rose Plc.
(4) The consumer has the right to withhold payment of the remaining part of the price or a part of the price until Bulgarian Rose Plc fulfills its obligations to bring the goods into conformity.
Art. 42 A service offered by Bulgarian Rose Plc conforms to the contract when: (1) It corresponds to the description, quantity, and quality provided in the advertisement; (2) It corresponds to the information contained in the advertisement or provided in another way before the conclusion of the contract (the order), and does not contradict the information provided by Bulgarian Rose Plc during the provision of the service, provided that this information could influence the consumer's decision; (3) It possesses the usual characteristics of services of the same type; (4) It possesses special characteristics and is fit for the specific purpose sought by the consumer, of which the consumer notified Bulgarian Rose Plc at the latest at the time of concluding the contract (the order) and to which Bulgarian Rose Plc agreed; (5) It is provided together with all accessories and instructions that the consumer can reasonably expect to receive, where applicable. (6) It meets the reasonable expectations of consumers given the nature of the service and all public statements made by Bulgarian Rose Plc or other persons, or made by their representatives, contained for example in advertising, the listing, or on the label, unless Bulgarian Rose Plc did not know and could not reasonably be expected to know about the relevant public statement, or if the public statement was corrected by the time of the order, or if the consumer's decision to acquire the service could not have been influenced by the public statement.
Art. 43 Goods offered by Bulgarian Rose Plc conform to the contract when they meet: (1) The individual requirements for conformity with the contract:
(2) The objective requirements for conformity:
(3) Requirements regarding the lack of conformity due to incorrect assembly or installation of the goods, when the installation forms an integral part of the sales contract and was performed by Bulgarian Rose Plc or by a person for whose actions Bulgarian Rose Plc is responsible, or the installation was to be performed by the consumer and was performed by them, and the incorrect installation is due to omissions in the installation instructions provided by Bulgarian Rose Plc.
Unfounded Claims
Art. 44 (1) Claims shall be rejected as unfounded when:
(2) In the event of an unfounded claim, Bulgarian Rose Plc shall inform the consumer of its decision in writing and shall be released from the obligation to honor the claim and bring the goods into conformity with the contract. If the consumer is dissatisfied with the decision of Bulgarian Rose Plc, they may pursue their claim through legal proceedings. They may do so without filing a claim with Bulgarian Rose Plc or waiting for the merchant's standpoint.
(3) The repair of products outside the warranty period, or within that period but in cases where the obligation of Bulgarian Rose Plc to bring the goods into conformity has lapsed on any grounds, shall be subject to payment by the consumer and shall be performed within a period agreed upon between the parties.
Filing a Claim
Art. 45 (1) When goods or services offered by Bulgarian Rose Plc do not meet the requirements specified in Art. 42 and Art. 43, the consumer has the right to file a claim by requesting the seller to bring the goods into conformity through repair or replacement, and the service – through its proper re-execution. the claim must be made within the following periods:
(2) When filing a claim, the consumer shall state the subject of the claim, their preferred method of satisfying the claim, and preferred method of contact. A claim concerning goods may request repair or replacement, while a claim concerning services may request bringing it into conformity with the contract.
(3) Filing a claim is not an obstacle to bringing a legal action.
(4) When submitting a claim, the consumer must attach the documents on which the claim is based, namely: i) a fiscal receipt, invoice, or other document certifying payment; ii) protocols, acts, or other documents establishing the non-conformity of the goods or services with what was agreed – if any; iii) other documents establishing the claim in terms of grounds and amount.
(5) In cases where the claim is filed outside an outlet of Bulgarian Rose Plc, the consumer must provide the goods to the seller at the address specified in these General Terms and Conditions. When replacing goods, Bulgarian Rose Plc shall take the replaced goods back from the consumer at its own expense.
(6) Delivery, if a courier is used, is at the expense of Bulgarian Rose Plc, provided that the claim is accepted by Bulgarian Rose Plc as well-founded.
(7) If Bulgarian Rose Plc has provided a commercial warranty for the goods, supplementing the legal warranty under this section, and the period of the commercial warranty is longer than the periods for filing a claim, the claim may be filed until the expiration of the commercial warranty period.
Repair, Replacement, and Bringing into Conformity
Art. 46 (1) Bringing the goods or services into conformity with the sales contract by Bulgarian Rose Plc is free of charge for the consumer. The consumer does not owe costs for materials and labor related to the repair or replacement of the goods or bringing the service into conformity, nor shall they suffer significant inconvenience. However, the consumer must make the goods available to Bulgarian Rose Plc at the address indicated below.
(2) The claim shall be submitted to Bulgarian Rose Plc in one of the following ways, at the consumer's choice:
To: Bulgarian Rose Plc
Industrial Zone 1
4300 Karlovo, Bulgaria,
e-mail: contact@bulgarianrose.bg
Return address for the goods: Industrial Zone 1, 4300 Karlovo, Bulgaria
STANDARD CLAIM FORM
I hereby notify that I have discovered a non-conformity of the good(s)/service(s) with what was agreed.
Subject of the claim: …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
Preferred method of satisfaction for goods: (circle your choice)
I attach the following documents:
Date: ……………….…………………………….
Consumer's Signature: ..........................................................................
(Sign only if this form is submitted on paper)
Registration of the Claim. Bringing into Conformity
Art. 47 (1) Upon a filed claim, Bulgarian Rose Plc shall enter it into the Register of Claims, providing the consumer with the number and date of the claim, as well as information regarding the product subject to the claim and the employee who accepted it.
(2) Within 30 days of filing the claim, Bulgarian Rose Plc shall issue a decision on whether the claim is well-founded or not.
(3) The consumer must immediately notify Bulgarian Rose Plc if, upon filing a claim, they have not been provided with a document containing the data under Para. 1.
Art. 48 (1) In the event of well-founded claims, Bulgarian Rose Plc shall bring the goods or services into conformity with the sales contract within 30 days of the filing of the claim and the provision of the goods to Bulgarian Rose Plc, if the claim concerns goods.
(2) In every case of a satisfied claim, Bulgarian Rose Plc shall issue the consumer a copy of an act for a satisfied claim, showing the action taken regarding the claim.
Price Reduction or Refund of Paid Amount
Art. 49 The consumer has the right to a proportional price reduction or to terminate the sales contract in the following cases:
(1) If the claim concerns goods and repair or replacement proves impossible or inappropriate due to reasons such as the nature of the non-conformity, the amount of repair costs, lack of stock, or other similar reasons;
(2) If the claim concerns a service and bringing it into conformity is impossible or inappropriate given the type of non-conformity and the costs for its rectification;
(3) If Bulgarian Rose Plc refuses to bring the goods or service into conformity free of charge for the consumer within 30 days; a refusal is presumed if the merchant has not brought the goods or service into conformity within the 30-day period;
(4) If, despite the actions taken by Bulgarian Rose Plc to bring the goods or service into conformity, the goods or service repeatedly manifest a non-conformity;
(5) The non-conformity is so serious that it justifies an immediate price reduction or termination of the sales contract, or Bulgarian Rose Plc has stated, or it is clear from the circumstances, that it will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.
Art. 50 (1) The price reduction is proportional to the difference between the value of the goods or services received by the consumer and the value they would have had if there were no lack of conformity.
(2) The consumer is not entitled to a reduction if Bulgarian Rose Plc has duly rectified the non-conformity within the specified period.
Art. 51 (1) If the consumer chooses to terminate the contract and the conditions under Art. 49 are met, they have the right to be reimbursed the amount paid for the goods or service.
(2) The consumer does not have the right to terminate the contract if the non-conformity is minor. The burden of proof regarding whether the non-conformity is minor lies with Bulgarian Rose Plc. The consumer does not have the right to terminate the contract if Bulgarian Rose Plc has duly rectified the non-conformity within the specified period.
(3) The consumer exercises their right to terminate the contract through a statement to Bulgarian Rose Plc notifying them of the decision to terminate the sales contract. In the case of goods, the consumer must return the goods to Bulgarian Rose Plc within 14 days of the notification, marking the package with a "Fragile" indicator. The deadline is considered met if the consumer has sent the goods back before the expiration of the 14-day period. All costs for returning the goods, including shipping, are at the expense of Bulgarian Rose Plc.
(4) Bulgarian Rose Plc shall reimburse the consumer the price paid for the goods after receiving them or upon presentation of proof from the consumer of their dispatch to Bulgarian Rose Plc. The reimbursement shall use 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 costs for the consumer.
Extract from the Law
Art. 52 A practical guide for filing a claim can be found here.
XI. INTELLECTUAL PROPERTY
Art. 53 All content present on the Site, namely – the logo, together with the figures and text contained therein, inscriptions and images, drawings, schemes, graphics, design, database, descriptions, methods, processes, and other objects of intellectual property and copyright, as well as the content of the General Terms and Conditions, are the property of Bulgarian Rose Plc or of third parties from whom Bulgarian Rose Plc has received consent for reproduction and/or has a contract for the use of the object of intellectual property and/or copyright.
Art. 54 Bulgarian Rose Plc reserves all its intellectual property rights related in any way to the Site.
Art. 55 Certain products displayed on the Site have their own specific and unique design, owned by Bulgarian Rose Plc, which constitutes an object of copyright and intellectual property.
Art. 56 Visitors to the Site may use the content solely for the purposes of purchase and sale. The use of the content for purposes other than those set out in the General Terms and Conditions shall be considered a violation of these General Terms and Conditions of the Site, as well as an infringement of the intellectual property owned by Bulgarian Rose Plc.
Art. 57 Every product and every service displayed and offered on the Site complies with the European and national requirements concerning the specific product/service.
Art. 58 (1) Visitors to the Site may copy, share, transfer, and/or use the content only for personal non-commercial purposes and only in cases where this does not contradict the provisions of this chapter and explicit written consent has been obtained from Bulgarian Rose Plc or the third parties who are holders of copyright and other intellectual property rights.
(2) Bulgarian Rose Plc grants the right to owners of other sites and other persons to publish links to the online store only when the reference is clear and unambiguous.
(3) It is prohibited to copy texts from the Site and place them on other websites and online stores without the written consent of Bulgarian Rose Plc or without citing the source by placing the following text: "Source: online store /specify the domain of our Site/", whereby the link must mandatorily lead to the Bulgarian Rose Plc online store.
XII. ADVERTISING
Art. 59 (1) At the moment a consumer (natural person) creates an account registration on the Site and/or places an order, they have the opportunity to express their consent to receive advertising messages. They may also state this preference by completing the subscription form available on the Site.
(2) Consent to receive such messages may also be given by any person by completing the subscription form on the Site, sending a message/letter to the addresses specified on the website, or by marking a specifically designated consent for receiving advertisements.
(3) For the provision of advertising messages to legal entities that have registered a profile on the Site and/or to legal entity clients who have ordered goods or services from the Site, Bulgarian Rose Plc has no obligation to request consent for sending advertising messages.
Art. 60 (1) A consumer may express their refusal to receive advertising messages at any time by using the special link found in every advertising message, by changing the settings in their account, or by contacting Bulgarian Rose Plc in any other way specified in these General Terms and Conditions and on the Site.
(2) The refusal to receive advertising messages does not constitute an automatic withdrawal of the consent given for the conclusion of this contract.
XIII. POSTING COMMENTS. QUESTIONS AND ANSWERS
Art. 61 The writing of comments, questions, and answers, where applicable, may be done by visitors in the comments section. Written statements may be both positive and negative and must be factual and relate to the characteristics and method of use of a given good or service.
Art. 62 Every visitor, at the moment of posting a comment, question, or answer in the specified sections, undertakes to comply with the following rules: (1) To refer only to characteristics and/or the method of use of a specific product or service, avoiding information related to aspects that may change (e.g., price or promotional offers); (2) To use only the Bulgarian language and write in Cyrillic; words or phrases which, although not Bulgarian, are widely used by all media in the respective field (example: mouse, notebook, plug and play) are allowed; (3) To use appropriate language, containing no offensive expressions or those that may affect the rights of a third party; (4) To ensure that the information entered is realistic, correct, not misleading, and in compliance with applicable laws, including respecting the rights of other persons – e.g., copyrights, intellectual property rights, licensing rights, or other property rights, advertising rights, or the right to privacy; (5) To use this service only for communicating or obtaining additional details regarding a specific good or service from the Site, without making references to other companies that promote the sale and purchase of goods and/or services; (6) Not to provide or request, in any way or form, personal data (contact details, delivery or residential address, telephone numbers, email addresses, first and/or last names, etc.) or other information that may lead to the disclosure of such personal data; (7) Not to publish information and/or details regarding URLs (links) from other sites that carry out the same or similar commercial activity as Bulgarian Rose Plc; (8) Not to enter comments, questions, or answers that contain advertising materials.
Art. 63 When a certain person reports that a comment, question, or answer has inadequate content or content in contradiction with these General Terms and Conditions, that content is carefully reviewed by Bulgarian Rose Plc so that the latter can determine whether it violates the terms of use of the Site. Published texts, photos, or videos are removed from the Site only after verification by Bulgarian Rose Plc.
Art. 64 In the event that Bulgarian Rose Plc establishes a repeated violation of these terms of use, it reserves the right to limit the ability of the specific subject to post comments, questions, and answers, without being obliged to provide justification for this.
XIV. LIABILITY
Art. 65 (1) Bulgarian Rose Plc and the client shall be held liable for any action or omission that has caused damage to either party, including loss of profit, in accordance with these General Terms and Conditions and Bulgarian legislation.
(2) Bulgarian Rose Plc / The Client shall not be held liable for any damages suffered by the other party resulting from force majeure circumstances or those beyond the party's control.
XV. PROCESSING OF PERSONAL DATA
Art. 66 (1) Pursuant to the General Data Protection Regulation (Regulation (EU) 2016/679) and Bulgarian legislation, Bulgarian Rose Plc, specifically "Bulgarian Rose" Plc, is a controller of personal data.
(2) "Bulgarian Rose" Plc adopts a Personal Data Security Policy and a Cookies Policy, which every visitor whose personal data is processed by Bulgarian Rose Plc, or to whom cookies apply, should accept after familiarizing themselves with them.
Art. 67 The visitor's personal data may be provided to the prosecutor's office, the police, judicial institutions, or other state bodies, based on and within the framework of legal provisions and as a result of an explicit request made by them.
XVI. APPLICABLE LAW – JURISDICTION
Art. 68 (1) Disputes arising between Bulgarian Rose Plc and consumers or legal entity clients will be resolved by mutual agreement or, if this is impossible, disputes will be settled in accordance with Bulgarian legislation, unless the parties have agreed otherwise.
(2) The parties may also resolve disputes arising between them out-of-court through Alternative Dispute Resolution (ADR) between consumers and merchants, which represents a voluntary out-of-court conciliation procedure. General Conciliation Commissions assist in reaching an agreement between consumers and merchants in disputes regarding contracts for the sale of goods and the provision of services. The General Conciliation Commissions are determined on a regional basis, and the General Conciliation Commission in the specific territory is competent to resolve disputes between Bulgarian Rose Plc and individual consumers. The consolidated list of recognized ADR bodies of the member states of the European Union can be found at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show.
Art. 69 Individual consumers may use the European Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/odr, which is a single access portal allowing consumers and merchants in the EU to settle disputes arising between them.
XVII. CORRESPONDENCE BETWEEN THE PARTIES
Art. 70 Bulgarian Rose Plc and all clients (natural persons and legal entities), as well as visitors to the Site, agree that the following shall be accepted for contact between the parties:
(1) For the Seller: "Bulgarian Rose" Plc, UIC 115009344, with registered office and management address: Industrial Zone, Bulgarian Rose Plc Building, Karlovo, Bulgaria:
(2) For the Client or Site Visitor:
Art. 71 Notifications and messages exchanged between the parties via electronic mail (email) shall be considered to be in written form, and the parties shall grant them the effect of a written document without the need for them to be signed with an electronic signature.
XVIII. REGULATORY BODIES
Art. 72 The bodies regulating the activities of Bulgarian Rose Plc are the Consumer Protection Commission (CPC), the Commission for Personal Data Protection (CPDP), the Commission for Protection of Competition, and the National Revenue Agency, with the following coordinates:
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Consumer Protection Commission (CPC)
Calls to 0700 111 22 are charged at the rate of a local call, according to the sender's tariff plan. |
Commission for Personal Data Protection (CPDP)
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National Revenue Agency (NRA) NRA Territorial Directorate – Sofia
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Commission for Protection of Competition (CPC)
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Regional Health Inspection – Plovdiv
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Ministry of Health
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GENERAL TERMS AND CONDITIONS OF THE E-SHOP
www.bulgarianrose.bg
Dear visitors, please read these General Terms and Conditions carefully before using this website and before completing an order. By using this website, you are deemed to accept and agree to the published General Terms and Conditions.
Effective date: 04.02.2026
I. SUBJECT
Art. 1 (1) These General Terms and Conditions govern the relationship between the users of the electronic web pages and services located on the domain www.bulgarianrose.bg, its subdomains, and our Facebook page (hereinafter referred to as the "Site", "Website", "E-shop", "Merchant", "Seller", "Bulgarian Rose Plc", "Shop", or "We") and apply to our relationship with individual customers (hereinafter referred to as "You", "User", or "Visitor").
(2) For professional clients ("Professional"), these General Terms and Conditions apply with certain limitations. Provisions explicitly stated as applicable to "Users" (consumers) do not apply to professional clients. If a clause refers to "Clients" or "Buyers" generally, it applies to both consumers and professionals.
(3) By placing an order through the Site, a distance selling contract is deemed concluded with the e-shop, to which these General Terms and Conditions apply.
(4) These General Terms and Conditions also apply to orders made via phone, email, or social media (e.g., Facebook, Instagram, etc.).
II. SELLER DETAILS
Art. 3 Bulgarian Rose Plc (Bulgarian: "Българска роза" АД), UIC 115009344, VAT No. BG 115009344, with registered office and address for correspondence: Industrial Zone, Karlovo, Bulgaria.
Art. 4 You can contact us at:
III. DEFINITIONS
Art. 5 (1) "Visitor" refers to any adult individual who uses the Site in any way, including by browsing it or registering on it.
(2) "User" (Consumer) refers to an adult individual who purchases a product or service through an order on the Site for non-professional purposes. "Professional" refers to any legal entity or other legal entity that uses the Site in any way, including by browsing it, registering on it, and/or purchasing a product or service through an order on the Site for professional purposes.
(3) "Client" refers to any individual or legal entity that has placed an order for a good or service on the Site, regardless of whether they are a consumer or a professional.
(4) "Merchant", "Seller" refers to Bulgarian Rose Plc.
(5) "Account", "Profile" represents a section on the Site, formed by an email address, password, and personal data of a User or Client, which allows them to use the services of the Site in cases where an account is required for their use, and/or to view their orders.
(6) "Manufacturer" refers to an individual or legal entity that, by occupation, produces the goods offered in the e-shop and/or whose name/company name, production or other distinctive mark is indicated on the goods, their packaging, or the trade documentation.
(7) "Site", "E-shop", "Merchant", "Seller", "Bulgarian Rose Plc", "Shop", "Website" means the web page located at the following web address: www.bulgarianrose.bg, as well as any page on social networks or the internet related in any way to Bulgarian Rose Plc.
(8) "Goods", "Products" are all items in the shop representing movable property, which are individualized by a detailed description and/or color image, have an indicated price, and/or manufacturer.
(9) "Services" are all services in the shop that do not constitute goods and are individualized and priced.
(10) "Contract", "Distance Contract", "Order", "Request" covers all cases in which a contract is concluded between Bulgarian Rose Plc and a client through one or more of the following methods: i) order by mail; ii) order via internet (site, e-mail, social networks, platform); iii) order by phone or fax.
(11) "Distance Contract under Suspensive Condition" means a distance contract concluded between the Client and Bulgarian Rose Plc under the condition that it will be fulfilled under the agreed terms only upon the possibility of the Seller. The Seller is considered to have the possibility to fulfill the contract upon the cumulative presence of the following circumstances: i) has the goods in stock (when ordering goods); ii) can fulfill the contract within the time and under the conditions as agreed. The suspensive condition is considered fulfilled, and the contract becomes binding for the parties from the moment the Seller, personally or through a third party, has confirmed to the buyer the possibility to deliver the goods or service under the agreed terms. The suspensive condition is considered not to have occurred and the contract is not binding for the parties if the Seller notifies the Buyer of the impossibility of fulfillment, as well as in the absence of notification within 7 working days of the order that the Seller can fulfill the contract.
(12) "Voucher"/"Promo Code" is an electronic document issued by Bulgarian Rose Plc, with a validity period of 6 months, unless otherwise specified on the site or in the voucher announcement, which can be:
Art. 6 (1) Access to the Site for the purpose of registering an order or creating a profile is permitted to any person visiting the page. Registration as a user on the Site is at the visitor's discretion.
(2) The General Terms and Conditions of Bulgarian Rose Plc are binding for all clients of the Site. Any use of the Site means that You have carefully familiarized Yourself with them and have agreed to comply with them unconditionally.
(3) If any provision of these General Terms and Conditions for use of the Site is found to be invalid or unenforceable, regardless of the reason, this shall not entail the invalidity or unenforceability of the remaining provisions.
(4) The Site reserves the right, at its sole discretion, to limit the access of any client to placing an order and/or to any of the available payment methods, if it considers that this would be detrimental to the Seller in any way. In such cases, the client has the right to contact the "Customer Relations" department of the Site via the contact form or through the coordinates specified in Section II of these General Terms and Conditions to be informed of the reasons that led to the application of the above-mentioned measures. The Site shall not be held liable for any damages the client has suffered or may suffer as a result of this decision, provided it is justified and well-founded.
(5) In certain cases, the Client has the right to publish reviews regarding goods and/or services, as well as to contact the Site at the addresses specified in the "Contacts" section. Reviews or messages containing obscene words or inappropriate language will be removed from the Site or ignored.
(6) The Site may publish advertising or promotional information about goods and/or services and/or about the promotions offered by it on the Site for a specific period specified in the particular campaign.
(7) The characteristics or prices of the products and services described on the Site may be changed at any time. Due to technical reasons, they may contain errors, for which Bulgarian Rose Plc apologizes in advance to its clients and clarifies that it shall not be held liable for such errors.
Art. 7 (1) The General Terms and Conditions may be changed unilaterally by Bulgarian Rose Plc at any time by updating them on the website and in compliance with the provisions of the Consumer Protection Act (CPA).
(2) The updated General Terms and Conditions enter into force immediately upon their publication on the Site for all future clients and users, as well as for contracts concluded before the amendment with clients who are legal entities (professionals).
(3) Amendments to the General Terms and Conditions do not affect distance contracts concluded with consumers (individuals) before the update, unless Bulgarian Rose Plc has provided otherwise in compliance with the applicable legislation and Art. 8 of these General Terms and Conditions.
Art. 8 (1) In the event that Bulgarian Rose Plc wishes to bind consumers with active and unfulfilled or non-terminated contracts (orders) at the date of the update to the amended General Terms and Conditions, the merchant shall notify the consumers via email within 7 days of the amendment.
(2) If the consumer does not agree with the amendments to the general terms and conditions, the latter may, within 1 month of notification, withdraw from the contract via written notice to Bulgarian Rose Plc without stating a reason and without owing compensation or a penalty, or continue to fulfill it under the general terms and conditions in force before the amendment.
(3) If the consumer fails to do so within the specified period, the updated General Terms and Conditions shall enter into force for the consumer after the expiration of 1 month from the notification.
(4) The General Terms and Conditions enter into force immediately for all clients, without the need for notification, if the changes made to the conditions are mandated by an effective regulatory act.
(5) The updated general terms and conditions are binding for commercial clients (professionals) from the day of their update or from the date specified in the notification of amendment.
Art. 9 Bulgarian Rose Plc makes serious efforts to maintain the accuracy of the information presented on the Site. However, given possible technical errors or omissions in this information, Bulgarian Rose Plc clarifies that product images are illustrative and indicative; accordingly, delivered products may differ from the images.
Art. 10 (1) All goods, including those on promotion/sale, are sold and delivered while stocks last, even if this is not explicitly noted on the Site.
(2) Certain advertisements and offers are linked to a minimum or maximum quantity that can be purchased by a single client. If applicable, this is described in detail in the individual offer.
Art. 11 The Site may contain links or internet connections to other sites. Bulgarian Rose Plc is not responsible for the privacy policy and terms of use of websites it does not administer, nor for any other information contained therein.
Art. 12 All images placed on the Site have the sole purpose of providing some idea of the type of the offered good/service and not to represent it exactly. Accordingly, it is possible that some of the images of the goods or services on the site (static/dynamic images/multimedia presentations, etc.) may not correspond to the appearance of the respective good or may create a wrong impression of the offered service. The Seller shall not be held liable for such discrepancies unless they are substantial.
V. CONCLUSION OF THE CONTRACT
Placing an order through the Site
Art. 13 (1) The Client expresses their desire to order/purchase a good/service through the Site by placing an electronic order, which is possible with or without a registered profile on the Site. After confirming the General Terms and Conditions, your order shall be considered placed.
(2) If the User is at least 18 years of age, they have the right to order all goods and services specified on the Site, unless they are out of stock and only if the User is legally capable of entering into binding contracts.
(3) When placing an order through the Site, the Client has the right to choose the type of goods or services, as well as their quantity, according to the options offered on the Site. The system may require you to select other characteristics (e.g., color) if the selected products/services are available in different variations.
(4) After you have selected the desired products/services and their quantity from the website, you should add them to the shopping cart by clicking on "Add" or another similar button. You should then follow the ordering process, having the option to proceed directly to finalizing the order or to continue shopping on the Site.
(5) Before completing the order, you will be given the opportunity to choose the payment method and delivery terms, and in certain cases, to enter a promo code for a discount.
(6) You will be required to provide data without which it is impossible for us to fulfill the contract. Such data usually includes names, delivery address (when ordering goods), telephone number, and email address; and for commercial clients (professionals) – company name, UIC (Unified Identification Code), VAT number, manager, and invoice data (if you require one). In certain cases, you will be given the opportunity to register on the Site as a user.
(7) Before completing an order, the Client should ensure that they are ordering a specifically selected product (good or service) with certain characteristics from the category of interest.
(8) The Client undertakes and is responsible for ensuring that all data provided to Bulgarian Rose Plc in connection with the order is true, complete, and accurate as of the date the order is sent. Upon any subsequent change to this data, the client must notify Bulgarian Rose Plc within 3 days. Failure to do so shall result in the assumption that the client's data remains as entered during the order. Costs resulting from changed data, such as re-delivery, shall be covered by the client.
(9) After ensuring the content and data of the order are correct, the client should click on the "Order", "Buy", "Continue", or another similar button. By sending the order, the client authorizes Bulgarian Rose Plc to contact them by any possible means when necessary in connection with the placed order, its delivery, or the concluded contract. At this stage of the order, but before its completion, the Site indicates to the client that an obligation to pay exists.
(10) The site contains separate and clear categories for goods and services at a reduced price during promotional campaigns, or due to a defect in the product or its packaging as described in the advertisement, as well as when an unpacked or sample product is offered. This is explicitly stated in the advertisement on the Site. All other offered products are new and unused, of the required quality. Discounts during promotional campaigns are valid only for orders placed after the start of the campaign. Requests from clients who abuse their rights in order to benefit from discounts on goods purchased before the campaign will not be granted.
(11) Bulgarian Rose Plc ensures appropriate packaging of the goods and the dispatch of accompanying documents. If, for any reason, the shipment does not contain a document or component required for the ordered product, please contact us, and we will do our best to provide it as quickly as possible.
Confirmation of the Order
Art. 14 (1) When an order is placed through the Site, by phone, email, or via social networks, the Site sends a notification to the user by email or to their address, whereby the distance contract between You as a consumer and Bulgarian Rose Plc is considered concluded under a suspensive condition within the meaning of Art. 5, Para. 10 of these General Terms and Conditions. The notification also certifies the successful registration of the order in the merchant's system, which does not constitute acceptance, confirmation, or commitment to fulfill it, unless otherwise stated in the notification. This notification also contains information under Art. 47 and Art. 48 of the Consumer Protection Act, respectively an extract from these General Terms and Conditions, as well as data regarding Your order. In the case of an order by a professional client, the contract is considered concluded from the moment of the order, and the site sends a confirmation only if it deems it necessary.
(2) Notification of acceptance and commitment to fulfill the order is made by the seller via the notification under Para. 1 or by a courier when the goods have already been handed over to them by the seller. In the latter case, the courier acts on behalf of Bulgarian Rose Plc. At its discretion, the merchant may also notify the consumer and the professional client via email, SMS, or phone call.
(3) Until the notification under Para. 2, Bulgarian Rose Plc has the right not to deliver some or all of the goods or not to perform some or all of the services in the order for various objective reasons, including but not limited to stock exhaustion. In such cases, the Seller's sole liability for non-fulfillment is to refund any advance payment received for the goods or services, without owing compensation for non-fulfillment.
Entry into Force of the Contract
Art. 15 (1) The distance sales contract between the seller and the consumer is considered concluded under a suspensive condition from the moment the consumer receives the notification under Art. 14, Para. 1 regarding the order registered with the seller. The contract is considered concluded from the moment of the order in the event that the client is a professional, regardless of whether they have received a confirmation under Art. 14, Para. 1 of these terms by email.
(2) By virtue of the contract concluded between the parties, the seller undertakes, upon fulfillment of the conditions specified in Art. 5, Para. 10, to deliver the goods or services ordered from the seller personally or through third parties to the client or to persons designated by them, within the terms and conditions of these General Terms and Conditions, and the buyer undertakes to pay the agreed price and to accept the delivered good or service.
(3) The contract binds the parties from the moment the seller notifies the client that the good or service can be delivered, whereby notification is made by email and/or via SMS or a call to the client stating that the good is ready for dispatch or the service can be provided.
(4) The sales contract concluded between the client and Bulgarian Rose Plc consists of these General Terms and Conditions and any potential additional agreements between the seller and the client present in the confirmation of the concluded contract under Art. 14, Para. 1.
VI. TRANSFER OF OWNERSHIP
Art. 16 (1) In the sale of goods, the ownership of the goods shall be transferred from Bulgarian Rose Plc to the client upon the delivery of the goods to the client or to a third party located at the delivery address, and after the payment has been made by the client, provided the value has not been prepaid.
(2) The delivery of the goods is evidenced by the signature of the client or the third party or a representative of the client on the transport document or the receipt provided by the courier.
(3) The risk of loss or damage to the goods passes to the client from the moment the goods are handed over by the courier to the client or to third parties. If the courier is a person chosen by the client, the risk passes to the client from the moment the goods are handed over by Bulgarian Rose Plc to the carrier. In all cases, if a transport defect is established, the client is obliged to inform Bulgarian Rose Plc within the terms and under the conditions of Art. 25 of these General Terms and Conditions.
VII. PAYMENT
Art. 17 (1) The prices of the goods and services announced on the Site are final.
(2) The Website contains a large number of goods, and it is possible, despite our best efforts, that some of the characteristics of the goods, including the price, may be incorrect. If we discover an error in the price of the goods you have ordered, we will inform you as soon as possible. We will give you the opportunity to reconfirm your order at the correct price or to cancel it.
(3) Bulgarian Rose Plc is not obliged to sell goods or services at incorrectly specified prices on the website.
Art. 18 (1) The price, payment method, and payment term are specified in each order.
(2) Orders for products offered by the seller with a value exceeding BGN 2,000 cannot be paid upon delivery (Cash on Delivery); they must be paid in full or in advance via bank transfer or by bank card through the site. Usually, if a prepayment is required, it is indicated in the advertisement.
(3) Bulgarian Rose Plc will issue an invoice to the client for the ordered goods or services based on the information provided by the client. When the latter has not indicated that they require an invoice, Bulgarian Rose Plc or the courier shall provide only a fiscal receipt and/or a sales receipt for the cash payment received, in accordance with the applicable legislation.
(4) In the case of payments via PayPal or other similar payment systems, or payments by bank transfer or card (where such options are available), the seller is not responsible for any costs related to fees, commissions, or other additional payments made by the client in connection with the transaction, nor in cases of currency exchange applied by the bank that issued the client's card when the currency is other than Euro (EUR).
(5) Card payments to the Site are treated as international payments by banks in Bulgaria, and according to their rules for card operations and card payments for such types of transactions, some banks or other institutions charge additional fees. The costs associated with such payments are solely at the expense of the buyer. Therefore, Bulgarian Rose Plc recommends its clients to check with their bank for possible additional fees that could be charged for online payments or bank payments for products and services sold through the Site.
Art. 19 (1) The client is obliged to provide all the necessary information for the issuance of the invoice in accordance with the applicable Bulgarian legislation, in case one is required. This can be done at the time of placing the order or later via a message to the seller.
(2) For the purpose of correctly issuing the invoice for the respective order, the client is obliged to constantly update the data in their profile (if registered) or in their order. They are obliged to review the information specified in the respective order to ensure that it is complete, true, and accurate.
Art. 20 Orders from the site can be paid in the following ways:
(1) In cash via Cash on Delivery (COD) / Postal Money Order (for orders of goods) – in this case, the value of the ordered goods and delivery (unless free) must be paid by the client, or a third party/representative designated by them, to the courier performing the delivery at the time of receiving the goods against a fiscal receipt provided by the latter. When this method is selected, an additional "Cash on Delivery" fee is charged. Payments are also accepted in cash upon delivery by another carrier or the seller's own transport, in which case the client receives a cash receipt for the payment made.
(2) Via Bank Transfer – in this case, the value of the ordered goods and/or services and delivery (unless free) must be paid by the client or a third party chosen by them to the seller's bank account. The payment is considered complete only after it has been confirmed and the respective amount has been credited to the bank account of Bulgarian Rose Plc.
(3) Via Debit or Credit Card (Virtual POS Terminal) – in this case, the value of the ordered goods and/or services must be paid by the client or a third party chosen by them through the payment system of our partner, indicated during the payment stage. The client is redirected directly and automatically to the operator's site, where the payer must enter their card details (card number, validity, cardholder, and the last 3 or 4 digits of the security code - CVC/CVV). These data are transmitted to the payment service operator's system for transaction confirmation. The payment is considered complete only after the client agrees to the operator's terms, the system successfully registers the payment, and the amounts are credited to the account of Bulgarian Rose Plc. By providing the necessary data, the client or third-party payer identifies themselves, confirms the payment amount, and instructs the card account to be debited and the amount transferred to the account of Bulgarian Rose Plc. Bulgarian Rose Plc does not receive any data regarding your credit or debit cards. The client has no right to dispute a payment confirmed by entering a correct identification password, CVC/CVV security code, personal secret password for 3D identification, or any other password/code, or a payment confirmed via a 6-digit access code for a mobile application. The delivery cost (unless free) is paid upon receipt of the goods to the courier against a fiscal receipt.
(4) Via Voucher – under the conditions of Art. 21 of these terms.
Voucher Payment
Art. 21 (1) In certain cases, Bulgarian Rose Plc issues vouchers of a specific value, which is paid by the client upon ordering the voucher. These vouchers can be used under the terms and within the periods specified in the voucher itself. Unless otherwise stated in the specific voucher or its advertisement, vouchers of a specific value may be used within a 6-month period from the date of order and issuance, for a single use, and towards goods and services offered on the site that are not part of a promotional campaign and have a value equal to or higher than the voucher's value. When purchasing goods or services at a value exceeding the amount paid for the voucher, the client undertakes to pay the difference to the seller under the terms and deadlines applicable to standard purchases and according to the payment method chosen by the client for the specific good or service. In the case of a purchase via voucher for goods or services of a lower value, the difference is not refunded to the client and cannot be transferred to future purchases through the site. The same applies if the voucher is not used within the specified period. Unless the voucher is registered to a specific person (non-nominal) and unless otherwise stated, it may be used by any person who possesses it.
(2) In certain cases, Bulgarian Rose Plc issues vouchers that guarantee a discount upon the purchase of goods or services from the site. Vouchers of this type are offered by the shop free of charge to the client, i.e., as a gift for clients who have purchased goods or services above a certain value or during a promotional campaign (e.g., upon first registration, first order, or other). The discount to which the voucher recipient is entitled is specified as a certain percentage or as a specific value. These vouchers can be used under the terms and within the periods specified in the voucher itself. Unless otherwise stated in the specific voucher or advertisement, vouchers guaranteeing a discount may be used within a 6-month period from the date of order and issuance, for a single use, and towards goods and services offered on the site that are not part of a promotional campaign and have a value higher than that specified in the voucher (Example: if the voucher states that it guarantees the recipient a discount of 20% on selected goods or services and can only be used for orders valued over BGN 20, this means that you can use the voucher and the guaranteed discount for purchases exceeding BGN 20, i.e., BGN 20.01 or more). Unless the voucher is non-nominal and unless otherwise stated, it may be used by any person who possesses it. The voucher cannot be reissued for cash value.
(3) The voucher cannot be reissued for cash value and is not subject to withdrawal, return, or exchange. If you return a product or service paid for with a voucher, provided the return is lawful and takes place within the period of the voucher's validity, the conditions under Art. 31a of the General Terms and Conditions shall apply.
VIII. DELIVERY OF GOODS
Method of Delivery
Art. 22 (1) Bulgarian Rose Plc undertakes to deliver the ordered and purchased goods through the courier company Speedy to an address specified by the client or to an office of the courier company, depending on the client's choice. Deliveries to an address are carried out to the door of the building (ground floor).
(2) In the event that the client is registered on the Site and has more than one address saved in their profile, the delivery will be sent to the one specified as the primary address.
(3) Bulgarian Rose Plc shall perform the delivery of goods and the provision of services on the territory of Bulgaria, according to the terms specified in Art. 22, items 1 and 2. Upon receipt of orders in the e-shop of Bulgarian Rose Plc with deliveries to other countries in the European Union or to third countries, Bulgarian Rose Plc shall contact the client at the coordinates provided in the order to clarify the terms and the price of delivery.
Delivery Price
Art. 23 (1) Bulgarian Rose Plc provides the right to free delivery to a Speedy office of the client's choice within the territory of the Republic of Bulgaria for orders exceeding the value of EUR 40.00.
(2) All deliveries of goods within the territory of the Republic of Bulgaria are carried out by the courier company Speedy under the following conditions:
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*Some settlements (most villages and some towns) are subject to a special delivery regime by the courier companies ("on schedule"). You will be informed by us in the presence of such circumstances. *In the event of withdrawal from an order within the 14-day period where the initial delivery was chosen to the client's address, the client shall pay the courier costs for both the initial delivery and the delivery for returning the product. |
(3) Upon the client's expressed wish for the delivery to be performed by a courier company other than Speedy, the terms and delivery prices shall apply according to the effective tariff of the respective courier company and shall be payable at their office upon receipt of the shipment.
Delivery Time
Art. 24 (1) Orders for goods from Bulgarian Rose Plc are accepted 24 hours a day, including weekends and public holidays. Accepted orders are processed and dispatched via courier within 1 to 3 working days, unless otherwise agreed, starting from the day you received the notification under Art. 14, Para. 2 that we will fulfill the order, respectively from the date of the order or received payment (for orders paid via bank transfer).
(2) The maximum delivery time for goods within the Republic of Bulgaria is 7 (seven) working days from the date of confirmation by the seller under Art. 14, Para. 2 that the order will be fulfilled, unless otherwise agreed.
(3) The delivery period is extended accordingly by the number of non-working days for orders placed on Friday, Saturday, Sunday, and during public holidays. Please note that the standard delivery time does not apply to all offered goods. For goods with a longer delivery period, this is noted in the advertisement of the product itself.
(4) Bulgarian Rose Plc reserves the right to unilaterally extend the delivery period by up to 7 working days without notifying the client, and to extend the periods by more than 7 working days with the prior consent of the latter.
(5) In all cases, delays in the specified delivery times are possible, for which you will be promptly notified by Bulgarian Rose Plc.
(6) Bulgarian Rose Plc shall not be held liable for delays in delivery due to circumstances beyond the control of Bulgarian Rose Plc, such as delays by the courier performing the delivery, prohibitions by a state authority, emergency or force majeure circumstances, or "force majeure" as per Art. 306 of the Commercial Act.
(7) Bulgarian Rose Plc has the right to unilaterally extend the delivery period or refuse delivery of goods or services in cases where the order is requested with payment via bank transfer or virtual POS/card and the payment has not been credited to the seller's account.
Art. 25 (1) Upon delivery of goods ordered from Bulgarian Rose Plc, the client undertakes to carefully inspect them personally or through a third party authorized by them receiving the same.
(2) Upon establishing external visible defects – possible damages, impacts, or other damages identified during delivery, the client or the third party should refuse to accept the goods, stating the reason for refusal in writing, or if they accept them – sign a damage report in the presence of the courier, in which the established defects are described, and immediately, no later than 72 hours from delivery, notify Bulgarian Rose Plc of the issue.
(3) When the delivered goods obviously do not correspond to those ordered by the client and this can be established through an ordinary inspection of the delivered goods, the client has the right, within a period of 72 hours, to request Bulgarian Rose Plc to replace the delivered goods with goods corresponding to the order.
(4) Notification may be carried out by any of the methods listed in Section II of these General Terms and Conditions or through the contact form on the website.
(5) Upon receipt of a notification regarding an obvious defect under the preceding paragraphs, Bulgarian Rose Plc shall replace the damaged/non-conforming goods no later than within 14 days under the conditions of Art. 31, except in cases where goods of the same type are not available, for which Bulgarian Rose Plc shall inform the client in a timely manner and negotiate the terms of replacement. If replacement is not possible, we shall proceed with actions in accordance with Section X.
Acceptance of the Shipment
Art. 26 (1) Upon acceptance of the delivery by the client or a third party without remarks, any and all subsequent claims for external visible defects of the received goods shall be considered unfounded and, as such, shall not be satisfied. In the event that the goods are accepted and a damage report is not prepared and signed in the presence of the courier upon receipt of the goods, and/or the client does not immediately notify Bulgarian Rose Plc within 72 hours of delivery via the phone/email/address specified on the Site, it shall be assumed that the goods do not suffer from noticeable non-conformities, and the client loses the right to bring the established external visible defects into conformity with the sales contract.
(2) The above does not waive the consumer's right to file a claim under Section X, if there are grounds for it, and does not release Bulgarian Rose Plc from its obligation to offer goods and services conforming to the sales contract and to provide consumers with the rights arising from the legal guarantee.
(3) In case of refusal to accept the delivery without a valid reason, the consumer owes all costs for the delivery made, which include the price of courier services and packaging.
Art. 27 Upon delivery of the goods, the client or a third party accepting the delivery at the address specified by the client is obliged to sign the accompanying documents. A third party is considered any person who did not place the order but accepts the goods upon delivery at the delivery address specified by the client.
Art. 28 (1) In the event that a client or a person designated by them is not found at the specified delivery address within the delivery period and/or access to the delivery address is not provided, Bulgarian Rose Plc shall consider this an unjustified refusal of the order and shall be released from its obligation to deliver the requested goods, and the client shall lose the possibility of having the ordered goods delivered.
(2) Bulgarian Rose Plc reserves the right to send a notification for an unclaimed shipment to the electronic or physical address specified by the client, as well as to claim the costs for delivery and return of the good(s). Bulgarian Rose Plc and the client agree that the notification, when sent electronically, shall be considered written and received from the day of its dispatch by Bulgarian Rose Plc, without the need for the notification to be signed with an electronic signature.
(3) In the above-mentioned cases, the client may confirm their desire to receive the goods even after the expiration of the delivery period in which they were not found at the address, provided, however, that they bear all delivery costs. In this case, a new delivery period begins to run from the moment of confirmation. Bulgarian Rose Plc is released from the delivery obligation in the event that the ordered goods are no longer in stock.
(4) In the cases under Para. 2, the client owes Bulgarian Rose Plc payment for the amount of delivery and return of the goods within a 7-day period from the receipt of the notification, unless another period is specified in the notification.
*This section applies solely to Consumers, with the exception of Art. 38-40, which are applicable to both Consumers and Professional Clients.
Period for Right of Withdrawal and Right of Replacement
Art. 29 (1) Within a period of 14 days from the conclusion of the contract (the order), when a service is ordered, respectively within a period of 14 days from the receipt of the goods – when goods are ordered, the Consumer has the right to withdraw from the order of the goods/services from the Site without stating a reason or motive and without owing penalties or other compensations to Bulgarian Rose Plc, except for the costs for its return, as well as for the initial dispatch of the goods when the dispatch was made to an address specified by the consumer at their request, and not to a courier's office. In the event that the product and/or the packaging are damaged more than usual, Bulgarian Rose Plc has the right, under Art. 35, to deduct a corresponding amount for the diminished value of the goods from the amount subject to reimbursement, which cannot exceed the value of the goods.
(2) When the Consumer exercises their right of withdrawal from the distance contract or the off-premises contract, any additional contract shall be automatically terminated without the Consumer owing any costs, compensations, and/or penalties, with the exception of the costs provided for in Art. 29, Para. 1, in conjunction with Art. 35 of these General Terms and Conditions.
(3) The right of withdrawal does not apply in the cases under Art. 30.
(4) The period for withdrawal from an order containing multiple goods delivered on different days is 14 days, starting from the date on which the Consumer or a third party designated by them takes possession (receives) the last item of the order.
(5) The period for withdrawal from an order consisting of multiple lots or parts is 14 days, starting from the date on which the Consumer or a third party designated by them takes possession of the last lot or part.
(6) The period for withdrawal from a subscription order, where goods are regularly delivered for a specific period (e.g., a subscription to receive a product every month), is 14 days, starting from the date on which the Consumer or a third party designated by them takes possession of the first item.
Art. 30 The Consumer shall not have the right to withdraw from the concluded contract or to request the replacement of a product with another, and respectively, Bulgarian Rose Plc has the right not to honor an exercised withdrawal from an order in the following cases:
(1) The period for exercising the right of withdrawal has expired and the consumer has provided notification of withdrawal after the deadline; (2) The consumer has not returned the goods to Bulgarian Rose Plc within the period specified in Art. 33; (3) The consumer has not returned the goods in their entirety, together with all components and accessories; (4) There is insufficient data to consider that the product was purchased from Bulgarian Rose Plc (missing invoice, fiscal receipt, etc.); (5) The right of withdrawal is exercised for a service which, at the consumer's request, began immediately after the order and the consumer agreed to waive their right of withdrawal, and at the time of withdrawal, the service has been fully or partially performed; (6) The withdrawal clearly constitutes an abuse of right by the consumer – for example: i) the returned goods have clearly been used more than necessary for testing; ii) the consumer has damaged the goods or the return is due to the fact that the price was reduced after the order and the consumer wishes to return it to place a new order at the discounted price; iii) the withdrawal is from an order made to obtain a discount on a subsequent order and the withdrawal aims to keep the discount while canceling the qualifying order; iv) any other reason suggesting abuse of rights; (7) The consumer has returned the product with a Cash on Delivery (COD) request – in this case, Bulgarian Rose Plc has the right to refuse acceptance of the returned product and payment of the COD amount, and the consumer must resend the goods to Bulgarian Rose Plc without a COD request; (8) The withdrawal concerns a good or service whose price depends on fluctuations in the financial market which cannot be controlled by Bulgarian Rose Plc and which may occur during the withdrawal period; (9) For the delivery of goods made to the consumer's order or according to their individual requirements, as well as goods not mass-produced but manufactured individually and specifically for the consumer; (10) For the delivery of goods which, by their nature, may deteriorate in quality or have a short shelf life (e.g., opened primary packaging of cosmetic products or products offered at a reduced price due to an expiring shelf life, which was duly noted in the advertisement); (11) For the delivery of sealed goods which were unsealed after delivery and cannot be returned due to reasons related to hygiene or health protection (e.g., opened primary packaging of cosmetic products or products); (12) For the delivery of goods which, after delivery and due to their nature, have been mixed with other goods from which they cannot be separated, as well as goods already installed by the consumer, by Bulgarian Rose Plc, or by other persons and cannot be separated from other items, as well as goods processed by the consumer; (13) For the delivery of sealed audio or video recordings or sealed computer software which were unsealed after delivery, as well as those on which the consumer has performed configuration settings or other changes to the software; (14) For the provision of digital content not delivered on a tangible medium, when the performance has begun with the consumer's explicit consent and confirmation that they know they will lose their right of withdrawal; (15) For orders not made online (at a distance) or where the buyer is not a Consumer (is a Professional).
Art. 31 (1) Within a 14-day period from receipt of the goods, the consumer also has the right to replace a product if the delivered goods do not correspond to their expectations (color, size, other). In this case, the conditions of Art. 29 and Art. 30 of these terms apply. The consumer's right under this paragraph does not waive their right to a claim under Section X in case of non-conformity.
(2) Upon an exercised right of replacement and the presence of conditions for its approval, Bulgarian Rose Plc undertakes to replace the product with another within 14 (fourteen) days from the date the consumer returned the respective product to Bulgarian Rose Plc. If the seller does not have the requested product in stock, they shall offer the consumer another product; upon the consumer's consent, the replacement is made with that product, and in case of a price difference, the parties shall agree on the method of additional payment or refund. In the absence of consent, Bulgarian Rose Plc shall refund the amount paid for the goods within the terms specified in the preceding paragraphs. For purchases paid for with a voucher, please refer to Art. 31a.
Art. 31a. If you exercise your right of withdrawal from an order containing a product paid for with a voucher under Art. 21 of the General Terms and Conditions, and provided that the conditions of this section for honoring the withdrawal are met, the following terms shall apply:
1. If the withdrawal is exercised within 14 days of receiving the goods, the amount paid via the voucher (the value of the voucher) shall be reimbursed to the consumer within the terms and according to the procedure of Art. 34 and the following articles of this section. This provision also applies to any amounts that the consumer has paid additionally for the goods, if an extra payment was required. If the consumer wishes, Bulgarian Rose Plc may reissue a voucher for the paid value, which can be used within 6 months of its issuance, unless otherwise specified.
2. If the withdrawal is exercised in the period after the 14th day from the delivery of the goods, Bulgarian Rose Plc shall not accept the withdrawal, and the voucher will not be reissued; respectively, the amount paid for the order will not be reimbursed.
Notification of Withdrawal
Art. 32 (1) Notification by the consumer of withdrawal from the contract or a desire to replace the received product with another of the same type (for Consumer clients) must be made within the period specified in Art. 29, using one of the following methods:
(2) The consumer may, but is not obliged to, use the model Standard Withdrawal or Replacement Form as follows:
To: Bulgarian Rose Plc
Industrial Zone 1, 4300 Karlovo,
e-mail: contact@bulgarianrose.bg
Return address for orders:
Industrial Zone 1, 4300 Karlovo, Bulgaria
STANDARD WITHDRAWAL FORM
I hereby notify that I withdraw from the contract concluded by me for the purchase of the following goods/services:
I wish to have the amount paid for the goods and their delivery reimbursed to me via bank transfer / other method, with the following details:
Date: ……………….…………………………….
Consumer's Signature: ..........................................................................
(Sign only if this form is submitted on paper)
Returning the Goods
Art. 33 (1) Upon withdrawal from an order for goods from Bulgarian Rose Plc, as well as upon a request for replacement, the consumer must, within 14 days of notifying of the withdrawal or the desire to replace a product, return the product in its entirety and in the condition it was in upon receipt, together with the invoice issued by Bulgarian Rose Plc and/or the fiscal receipt issued by the seller or the courier who delivered the goods, to the address specified above. The consumer shall not return the goods under Cash on Delivery (COD) conditions.
(2) When returning the product, the consumer must instruct the postal operator or courier company that they wish to use the "Inspection of Goods" service, as our department checks the condition of the goods before accepting them back and refunding amounts to the consumer. It is a mandatory condition when returning the product that the consumer marks the package, or instructs the courier company to do so, with a "Fragile" indicator.
(3) The return of the goods is at the consumer's expense. If the consumer has not paid for the return delivery, Bulgarian Rose Plc shall deduct the delivery costs from the price subject to reimbursement and refund the difference to the consumer.
(4) Returned shipments with a "Cash on Delivery" request by the consumer will not be accepted until they are resent without "Cash on Delivery". Bulgarian Rose Plc requires processing time to check the content and condition of the returned shipment.
Reimbursement of Paid Amounts
Art. 34 (1) Upon an exercised right of withdrawal and the presence of conditions for its approval, Bulgarian Rose Plc undertakes to reimburse the price paid under the distance contract from which the consumer has withdrawn, within a period of 14 days from the notification of withdrawal; however, when goods are being returned by the consumer or a courier, within a period until the date on which the latter has returned the respective product or from the date of providing indisputable proof of the return of the product by the consumer, whichever occurs earlier. Upon an exercised right of withdrawal from services, the period for refunding the amounts paid by the consumer is 14 (fourteen) days from the date of notifying Bulgarian Rose Plc of the withdrawal. Reimbursement of amounts is carried out after deducting amounts under Art. 35, if applicable. The reimbursement of amounts for withdrawal from orders paid via voucher is carried out according to the procedure of Art. 31a of these terms.
(2) The amount subject to reimbursement under Para. 1 includes the price paid by the consumer for the good or service, excluding the price for courier services for returning the good, as well as the initial delivery if it was performed to an address specified by the consumer.
(3) The amount will be reimbursed as follows, without resulting in any additional costs for the consumer, unless the bank or payment institution serving them requires any fees:
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Payments for consumer orders shall be reimbursed 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 no costs are incurred by the consumer. Reimbursement of amounts for returned orders paid via voucher is carried out according to the procedure of Art. 31a. |
Deduction of Amounts
Art. 35 Bulgarian Rose Plc has the right to deduct the following from the value under Art. 34, Para. 1 before its reimbursement:
(1) An amount for the diminished value of the product, including its packaging, if upon return it is established that the product or packaging has been worn out and/or damaged beyond what is necessary for ordinary testing;
(2) An amount for the part of a service performed up to the moment of withdrawal, if the consumer has requested that the performance of the service begin immediately; if the client is a trader or professional, this clause applies without the need for explicit consent to start the service, and only if Bulgarian Rose Plc provides them with an option to withdraw;
(3) The proportional amount of what has actually been provided to the consumer up to the moment they notified Bulgarian Rose Plc of the withdrawal, if the consumer has requested that the performance of the service begin immediately; if the client is a trader or professional, this clause applies without the need for explicit consent to start the service, and only if Bulgarian Rose Plc provides them with an option to withdraw;
(4) The costs for returning the goods back to Bulgarian Rose Plc;
(5) The costs for the initial dispatch of the goods, when the dispatch, at the consumer's request, was performed to a specifically designated address and not to a courier company's office; if the client is a professional, they shall always owe and pay for the initial and subsequent dispatch of the product, in the event that Bulgarian Rose Plc provides them with an option to withdraw.
Art. 36 In cases where the performance of a service has begun within the 14-day period from the order with the consumer's prior consent and upon receipt of a transfer (deposit) from the latter, followed by a subsequent exercise of the right of withdrawal, Bulgarian Rose Plc has the right to deduct from the deposit an amount equivalent to what has been performed up to the moment of withdrawal. In the absence of a deposit, Bulgarian Rose Plc reserves the right to claim payment of the amount from the consumer. If the client is a trader or professional, this clause applies without the need for prior consent and only if Bulgarian Rose Plc provides them with an option to withdraw.
Extract from the Consumer Protection Act
Art. 37. A practical guide for withdrawing from an order can be found here.
Other Cases of Withdrawal (Cancellation)
*Applicable to both Consumers and Professional Clients
Art. 38 (1) Each party has the right to refuse to fulfill (to cancel) the placed order or its obligations under it, for which it shall notify the other party in an appropriate manner.
(2) If the cancellation of an order occurs before the confirmation by Bulgarian Rose Plc regarding the possibility of fulfillment within the meaning of Art. 14, Para. 2, neither Bulgarian Rose Plc nor the client shall be held liable or owe compensations or penalties to the other party for the cancellation.
(3) Bulgarian Rose Plc may unilaterally cancel an order in the event that the client has requested a product or service from the Site, indicating that the order is intended for a third party (e.g., as a gift) whose data has been provided for delivery purposes. Cancellation in this case may be carried out if Bulgarian Rose Plc suspects that the shipment has a threatening, reproachful, mocking, or other purpose contrary to good manners and morals.
Art. 39 The cancellation of an order does not entail any liability or subsequent obligation of either party to the other in connection with it, and accordingly, neither party has the right to seek compensation from the other for its cancellation in the following cases:
(1) Non-acceptance of the transaction by the client's issuing bank during online payment; (2) Execution of the monetary transaction which does not result in the receipt of funds into the seller's account during online payments; (3) Non-fulfillment or cancellation of an order by the seller before a confirmation is issued for the same within the meaning of Art. 14, Para. 2 of these General Terms and Conditions; (4) Abuse of right when placing the order.
Art. 40 In the cases under Art. 39, the order is cancelled automatically.
X. WARRANTY. RIGHT TO CLAIM
*This section applies solely to Consumers.
Non-conformity of the Good/Service with the Contract. Legal Warranty
Art. 41 (1) All consumer goods and services offered by Bulgarian Rose Plc are covered by a legal warranty for conformity with the contract (the order).
(2) Bulgarian Rose Plc is liable for any non-conformity of a service with the contract that existed at the time of its provision and manifested itself within two years after its execution, but no later than 14 days after the non-conformity was established.
(3) Upon delivery of goods, Bulgarian Rose Plc is liable for any non-conformity of the goods that existed on the day of delivery and manifested itself within two years after the delivery of the goods to the consumer or their representative. When the non-conformity appears within one year after the delivery of the goods, it shall be deemed to have existed at the time of delivery, unless proven otherwise or if this presumption is incompatible with the nature of the goods or the nature of the non-conformity. For non-conformities manifesting after one year from delivery, the consumer must prove that the cause of the defect is the responsibility of Bulgarian Rose Plc.
(4) The consumer has the right to withhold payment of the remaining part of the price or a part of the price until Bulgarian Rose Plc fulfills its obligations to bring the goods into conformity.
Art. 42 A service offered by Bulgarian Rose Plc conforms to the contract when: (1) It corresponds to the description, quantity, and quality provided in the advertisement; (2) It corresponds to the information contained in the advertisement or provided in another way before the conclusion of the contract (the order), and does not contradict the information provided by Bulgarian Rose Plc during the provision of the service, provided that this information could influence the consumer's decision; (3) It possesses the usual characteristics of services of the same type; (4) It possesses special characteristics and is fit for the specific purpose sought by the consumer, of which the consumer notified Bulgarian Rose Plc at the latest at the time of concluding the contract (the order) and to which Bulgarian Rose Plc agreed; (5) It is provided together with all accessories and instructions that the consumer can reasonably expect to receive, where applicable. (6) It meets the reasonable expectations of consumers given the nature of the service and all public statements made by Bulgarian Rose Plc or other persons, or made by their representatives, contained for example in advertising, the listing, or on the label, unless Bulgarian Rose Plc did not know and could not reasonably be expected to know about the relevant public statement, or if the public statement was corrected by the time of the order, or if the consumer's decision to acquire the service could not have been influenced by the public statement.
Art. 43 Goods offered by Bulgarian Rose Plc conform to the contract when they meet: (1) The individual requirements for conformity with the contract:
(2) The objective requirements for conformity:
(3) Requirements regarding the lack of conformity due to incorrect assembly or installation of the goods, when the installation forms an integral part of the sales contract and was performed by Bulgarian Rose Plc or by a person for whose actions Bulgarian Rose Plc is responsible, or the installation was to be performed by the consumer and was performed by them, and the incorrect installation is due to omissions in the installation instructions provided by Bulgarian Rose Plc.
Unfounded Claims
Art. 44 (1) Claims shall be rejected as unfounded when:
(2) In the event of an unfounded claim, Bulgarian Rose Plc shall inform the consumer of its decision in writing and shall be released from the obligation to honor the claim and bring the goods into conformity with the contract. If the consumer is dissatisfied with the decision of Bulgarian Rose Plc, they may pursue their claim through legal proceedings. They may do so without filing a claim with Bulgarian Rose Plc or waiting for the merchant's standpoint.
(3) The repair of products outside the warranty period, or within that period but in cases where the obligation of Bulgarian Rose Plc to bring the goods into conformity has lapsed on any grounds, shall be subject to payment by the consumer and shall be performed within a period agreed upon between the parties.
Filing a Claim
Art. 45 (1) When goods or services offered by Bulgarian Rose Plc do not meet the requirements specified in Art. 42 and Art. 43, the consumer has the right to file a claim by requesting the seller to bring the goods into conformity through repair or replacement, and the service – through its proper re-execution. the claim must be made within the following periods:
(2) When filing a claim, the consumer shall state the subject of the claim, their preferred method of satisfying the claim, and preferred method of contact. A claim concerning goods may request repair or replacement, while a claim concerning services may request bringing it into conformity with the contract.
(3) Filing a claim is not an obstacle to bringing a legal action.
(4) When submitting a claim, the consumer must attach the documents on which the claim is based, namely: i) a fiscal receipt, invoice, or other document certifying payment; ii) protocols, acts, or other documents establishing the non-conformity of the goods or services with what was agreed – if any; iii) other documents establishing the claim in terms of grounds and amount.
(5) In cases where the claim is filed outside an outlet of Bulgarian Rose Plc, the consumer must provide the goods to the seller at the address specified in these General Terms and Conditions. When replacing goods, Bulgarian Rose Plc shall take the replaced goods back from the consumer at its own expense.
(6) Delivery, if a courier is used, is at the expense of Bulgarian Rose Plc, provided that the claim is accepted by Bulgarian Rose Plc as well-founded.
(7) If Bulgarian Rose Plc has provided a commercial warranty for the goods, supplementing the legal warranty under this section, and the period of the commercial warranty is longer than the periods for filing a claim, the claim may be filed until the expiration of the commercial warranty period.
Repair, Replacement, and Bringing into Conformity
Art. 46 (1) Bringing the goods or services into conformity with the sales contract by Bulgarian Rose Plc is free of charge for the consumer. The consumer does not owe costs for materials and labor related to the repair or replacement of the goods or bringing the service into conformity, nor shall they suffer significant inconvenience. However, the consumer must make the goods available to Bulgarian Rose Plc at the address indicated below.
(2) The claim shall be submitted to Bulgarian Rose Plc in one of the following ways, at the consumer's choice:
To: Bulgarian Rose Plc
Industrial Zone 1
4300 Karlovo, Bulgaria,
e-mail: contact@bulgarianrose.bg
Return address for the goods: Industrial Zone 1, 4300 Karlovo, Bulgaria
STANDARD CLAIM FORM
I hereby notify that I have discovered a non-conformity of the good(s)/service(s) with what was agreed.
Subject of the claim: …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
Preferred method of satisfaction for goods: (circle your choice)
I attach the following documents:
Date: ……………….…………………………….
Consumer's Signature: ..........................................................................
(Sign only if this form is submitted on paper)
Registration of the Claim. Bringing into Conformity
Art. 47 (1) Upon a filed claim, Bulgarian Rose Plc shall enter it into the Register of Claims, providing the consumer with the number and date of the claim, as well as information regarding the product subject to the claim and the employee who accepted it.
(2) Within 30 days of filing the claim, Bulgarian Rose Plc shall issue a decision on whether the claim is well-founded or not.
(3) The consumer must immediately notify Bulgarian Rose Plc if, upon filing a claim, they have not been provided with a document containing the data under Para. 1.
Art. 48 (1) In the event of well-founded claims, Bulgarian Rose Plc shall bring the goods or services into conformity with the sales contract within 30 days of the filing of the claim and the provision of the goods to Bulgarian Rose Plc, if the claim concerns goods.
(2) In every case of a satisfied claim, Bulgarian Rose Plc shall issue the consumer a copy of an act for a satisfied claim, showing the action taken regarding the claim.
Price Reduction or Refund of Paid Amount
Art. 49 The consumer has the right to a proportional price reduction or to terminate the sales contract in the following cases:
(1) If the claim concerns goods and repair or replacement proves impossible or inappropriate due to reasons such as the nature of the non-conformity, the amount of repair costs, lack of stock, or other similar reasons;
(2) If the claim concerns a service and bringing it into conformity is impossible or inappropriate given the type of non-conformity and the costs for its rectification;
(3) If Bulgarian Rose Plc refuses to bring the goods or service into conformity free of charge for the consumer within 30 days; a refusal is presumed if the merchant has not brought the goods or service into conformity within the 30-day period;
(4) If, despite the actions taken by Bulgarian Rose Plc to bring the goods or service into conformity, the goods or service repeatedly manifest a non-conformity;
(5) The non-conformity is so serious that it justifies an immediate price reduction or termination of the sales contract, or Bulgarian Rose Plc has stated, or it is clear from the circumstances, that it will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.
Art. 50 (1) The price reduction is proportional to the difference between the value of the goods or services received by the consumer and the value they would have had if there were no lack of conformity.
(2) The consumer is not entitled to a reduction if Bulgarian Rose Plc has duly rectified the non-conformity within the specified period.
Art. 51 (1) If the consumer chooses to terminate the contract and the conditions under Art. 49 are met, they have the right to be reimbursed the amount paid for the goods or service.
(2) The consumer does not have the right to terminate the contract if the non-conformity is minor. The burden of proof regarding whether the non-conformity is minor lies with Bulgarian Rose Plc. The consumer does not have the right to terminate the contract if Bulgarian Rose Plc has duly rectified the non-conformity within the specified period.
(3) The consumer exercises their right to terminate the contract through a statement to Bulgarian Rose Plc notifying them of the decision to terminate the sales contract. In the case of goods, the consumer must return the goods to Bulgarian Rose Plc within 14 days of the notification, marking the package with a "Fragile" indicator. The deadline is considered met if the consumer has sent the goods back before the expiration of the 14-day period. All costs for returning the goods, including shipping, are at the expense of Bulgarian Rose Plc.
(4) Bulgarian Rose Plc shall reimburse the consumer the price paid for the goods after receiving them or upon presentation of proof from the consumer of their dispatch to Bulgarian Rose Plc. The reimbursement shall use 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 costs for the consumer.
Extract from the Law
Art. 52 A practical guide for filing a claim can be found here.
XI. INTELLECTUAL PROPERTY
Art. 53 All content present on the Site, namely – the logo, together with the figures and text contained therein, inscriptions and images, drawings, schemes, graphics, design, database, descriptions, methods, processes, and other objects of intellectual property and copyright, as well as the content of the General Terms and Conditions, are the property of Bulgarian Rose Plc or of third parties from whom Bulgarian Rose Plc has received consent for reproduction and/or has a contract for the use of the object of intellectual property and/or copyright.
Art. 54 Bulgarian Rose Plc reserves all its intellectual property rights related in any way to the Site.
Art. 55 Certain products displayed on the Site have their own specific and unique design, owned by Bulgarian Rose Plc, which constitutes an object of copyright and intellectual property.
Art. 56 Visitors to the Site may use the content solely for the purposes of purchase and sale. The use of the content for purposes other than those set out in the General Terms and Conditions shall be considered a violation of these General Terms and Conditions of the Site, as well as an infringement of the intellectual property owned by Bulgarian Rose Plc.
Art. 57 Every product and every service displayed and offered on the Site complies with the European and national requirements concerning the specific product/service.
Art. 58 (1) Visitors to the Site may copy, share, transfer, and/or use the content only for personal non-commercial purposes and only in cases where this does not contradict the provisions of this chapter and explicit written consent has been obtained from Bulgarian Rose Plc or the third parties who are holders of copyright and other intellectual property rights.
(2) Bulgarian Rose Plc grants the right to owners of other sites and other persons to publish links to the online store only when the reference is clear and unambiguous.
(3) It is prohibited to copy texts from the Site and place them on other websites and online stores without the written consent of Bulgarian Rose Plc or without citing the source by placing the following text: "Source: online store /specify the domain of our Site/", whereby the link must mandatorily lead to the Bulgarian Rose Plc online store.
XII. ADVERTISING
Art. 59 (1) At the moment a consumer (natural person) creates an account registration on the Site and/or places an order, they have the opportunity to express their consent to receive advertising messages. They may also state this preference by completing the subscription form available on the Site.
(2) Consent to receive such messages may also be given by any person by completing the subscription form on the Site, sending a message/letter to the addresses specified on the website, or by marking a specifically designated consent for receiving advertisements.
(3) For the provision of advertising messages to legal entities that have registered a profile on the Site and/or to legal entity clients who have ordered goods or services from the Site, Bulgarian Rose Plc has no obligation to request consent for sending advertising messages.
Art. 60 (1) A consumer may express their refusal to receive advertising messages at any time by using the special link found in every advertising message, by changing the settings in their account, or by contacting Bulgarian Rose Plc in any other way specified in these General Terms and Conditions and on the Site.
(2) The refusal to receive advertising messages does not constitute an automatic withdrawal of the consent given for the conclusion of this contract.
XIII. POSTING COMMENTS. QUESTIONS AND ANSWERS
Art. 61 The writing of comments, questions, and answers, where applicable, may be done by visitors in the comments section. Written statements may be both positive and negative and must be factual and relate to the characteristics and method of use of a given good or service.
Art. 62 Every visitor, at the moment of posting a comment, question, or answer in the specified sections, undertakes to comply with the following rules: (1) To refer only to characteristics and/or the method of use of a specific product or service, avoiding information related to aspects that may change (e.g., price or promotional offers); (2) To use only the Bulgarian language and write in Cyrillic; words or phrases which, although not Bulgarian, are widely used by all media in the respective field (example: mouse, notebook, plug and play) are allowed; (3) To use appropriate language, containing no offensive expressions or those that may affect the rights of a third party; (4) To ensure that the information entered is realistic, correct, not misleading, and in compliance with applicable laws, including respecting the rights of other persons – e.g., copyrights, intellectual property rights, licensing rights, or other property rights, advertising rights, or the right to privacy; (5) To use this service only for communicating or obtaining additional details regarding a specific good or service from the Site, without making references to other companies that promote the sale and purchase of goods and/or services; (6) Not to provide or request, in any way or form, personal data (contact details, delivery or residential address, telephone numbers, email addresses, first and/or last names, etc.) or other information that may lead to the disclosure of such personal data; (7) Not to publish information and/or details regarding URLs (links) from other sites that carry out the same or similar commercial activity as Bulgarian Rose Plc; (8) Not to enter comments, questions, or answers that contain advertising materials.
Art. 63 When a certain person reports that a comment, question, or answer has inadequate content or content in contradiction with these General Terms and Conditions, that content is carefully reviewed by Bulgarian Rose Plc so that the latter can determine whether it violates the terms of use of the Site. Published texts, photos, or videos are removed from the Site only after verification by Bulgarian Rose Plc.
Art. 64 In the event that Bulgarian Rose Plc establishes a repeated violation of these terms of use, it reserves the right to limit the ability of the specific subject to post comments, questions, and answers, without being obliged to provide justification for this.
XIV. LIABILITY
Art. 65 (1) Bulgarian Rose Plc and the client shall be held liable for any action or omission that has caused damage to either party, including loss of profit, in accordance with these General Terms and Conditions and Bulgarian legislation.
(2) Bulgarian Rose Plc / The Client shall not be held liable for any damages suffered by the other party resulting from force majeure circumstances or those beyond the party's control.
XV. PROCESSING OF PERSONAL DATA
Art. 66 (1) Pursuant to the General Data Protection Regulation (Regulation (EU) 2016/679) and Bulgarian legislation, Bulgarian Rose Plc, specifically "Bulgarian Rose" Plc, is a controller of personal data.
(2) "Bulgarian Rose" Plc adopts a Personal Data Security Policy and a Cookies Policy, which every visitor whose personal data is processed by Bulgarian Rose Plc, or to whom cookies apply, should accept after familiarizing themselves with them.
Art. 67 The visitor's personal data may be provided to the prosecutor's office, the police, judicial institutions, or other state bodies, based on and within the framework of legal provisions and as a result of an explicit request made by them.
XVI. APPLICABLE LAW – JURISDICTION
Art. 68 (1) Disputes arising between Bulgarian Rose Plc and consumers or legal entity clients will be resolved by mutual agreement or, if this is impossible, disputes will be settled in accordance with Bulgarian legislation, unless the parties have agreed otherwise.
(2) The parties may also resolve disputes arising between them out-of-court through Alternative Dispute Resolution (ADR) between consumers and merchants, which represents a voluntary out-of-court conciliation procedure. General Conciliation Commissions assist in reaching an agreement between consumers and merchants in disputes regarding contracts for the sale of goods and the provision of services. The General Conciliation Commissions are determined on a regional basis, and the General Conciliation Commission in the specific territory is competent to resolve disputes between Bulgarian Rose Plc and individual consumers. The consolidated list of recognized ADR bodies of the member states of the European Union can be found at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show.
Art. 69 Individual consumers may use the European Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/odr, which is a single access portal allowing consumers and merchants in the EU to settle disputes arising between them.
XVII. CORRESPONDENCE BETWEEN THE PARTIES
Art. 70 Bulgarian Rose Plc and all clients (natural persons and legal entities), as well as visitors to the Site, agree that the following shall be accepted for contact between the parties:
(1) For the Seller: "Bulgarian Rose" Plc, UIC 115009344, with registered office and management address: Industrial Zone, Bulgarian Rose Plc Building, Karlovo, Bulgaria:
(2) For the Client or Site Visitor:
Art. 71 Notifications and messages exchanged between the parties via electronic mail (email) shall be considered to be in written form, and the parties shall grant them the effect of a written document without the need for them to be signed with an electronic signature.
XVIII. REGULATORY BODIES
Art. 72 The bodies regulating the activities of Bulgarian Rose Plc are the Consumer Protection Commission (CPC), the Commission for Personal Data Protection (CPDP), the Commission for Protection of Competition, and the National Revenue Agency, with the following coordinates:
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Consumer Protection Commission (CPC)
Calls to 0700 111 22 are charged at the rate of a local call, according to the sender's tariff plan. |
Commission for Personal Data Protection (CPDP)
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National Revenue Agency (NRA) NRA Territorial Directorate – Sofia
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Commission for Protection of Competition (CPC)
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Regional Health Inspection – Plovdiv
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Ministry of Health
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