I. Subject Matter

Article 1. These General Terms and Conditions govern the relationship between KWIAT EOOD, UIC/VAT No. BG130899216, having its registered office and registered business address at 1A Plachkovitsa Street, Lozenets District, 1164 Sofia, Bulgaria (hereinafter referred to as the “Supplier”), and the customers of the electronic commerce platform www.kwiat.bg, hereinafter referred to as the “Users”, available at kwiat.bg.

II. Information about the Supplier

Article 2. Information provided in accordance with the Electronic Commerce Act and the Consumer Protection Act:

1. Company name: KWIAT EOOD

2. Registered office and registered business address:

1A Plachkovitsa Street, Lozenets District, 1164 Sofia, Bulgaria

3. Business address and address for consumer complaints:

Apartment 2, Floor 2, 1A Plachkovitsa Street, Lozenets District, 1164 Sofia, Bulgaria

4. Contact details:

Apartment 2, Floor 2, 1A Plachkovitsa Street, Lozenets District, 1164 Sofia, Bulgaria

Telephone: +359 885 838 079

5. Registration in public registers:

UIC/VAT No. BG130899216

6. Supervisory authorities:

(1) Commission for Personal Data Protection

Address:

2 Prof. Tsvetan Lazarov Blvd., Sofia, Bulgaria

Telephone: +359 2 940 20 46

Fax: +359 2 940 36 40

E-mail: kzld@government.bg, kzld@cpdp.bg

Website: www.cpdp.bg

(2) Consumer Protection Commission

Address:

4A Slaveykov Square, Floors 3, 4 and 6, 1000 Sofia, Bulgaria

Telephone: +359 2 980 25 24

Fax: +359 2 988 42 18

Consumer Hotline: +359 700 111 22

Website: www.kzp.bg

7. VAT registration number:

BG130899216

III. Characteristics of the Platform

Article 3. kwiat.bg is an electronic commerce platform accessible at https://www.kwiat.bg, through which Consumers may enter into contracts for the purchase and sale and delivery of the Goods offered by the Supplier on the Platform, including the ability to:

1. register and create a personal account to browse the Supplier’s online store and use the additional information services provided through the Platform;

2. browse the Goods, their characteristics, prices and delivery terms;

3. conclude purchase and sale agreements with the Supplier for the Goods offered through the kwiat.bg Platform;

4. make payments in connection with concluded agreements using the electronic payment methods available through the kwiat.bg Platform;

5. receive information regarding new Goods offered by the Supplier through the kwiat.bg Platform;

6. submit electronic statements relating to the conclusion or performance of contracts with the Supplier through the interface of the kwiat.bg Platform;

7. receive information regarding their statutory rights, primarily through the interface of the kwiat.bg Platform; and

8. exercise their statutory right of withdrawal, where applicable, in accordance with the Consumer Protection Act.

Article 4. The Supplier, through the kwiat.bg Platform, organises the delivery of the Goods and guarantees the rights of Consumers as provided by applicable law, in accordance with the principles of good faith, established commercial practices, consumer protection legislation and applicable commercial law.

Article 5.

(1) Consumers enter into a contract for the purchase and sale of Goods with the Supplier through the kwiat.bg Platform at https://www.kwiat.bg. The contract is concluded in the Bulgarian language and is stored in the Supplier’s database.

(2) Under the concluded purchase and sale agreement, the Supplier undertakes to arrange the delivery of the Goods selected by the Consumer through the Platform and to transfer ownership thereof to the Consumer. Consumers shall have the right to correct any errors made when entering information at any time prior to submitting their declaration of intent to conclude the contract.

(3) Consumers shall pay the Supplier the purchase price of the Goods in accordance with these General Terms and Conditions and the terms specified on the kwiat.bg Platform. The amount payable shall be the price displayed on the Platform at the time the Order is placed.

Article 6.

(1) The Consumer and the Supplier agree that all statements and communications exchanged between them in connection with the conclusion and performance of the purchase and sale agreement may be made electronically by means of electronic statements within the meaning of the Electronic Document and Electronic Trust Services Act and Article 11 of the Electronic Commerce Act.

(2) KWIAT EOOD shall not be liable for any actions performed through a Consumer’s account where such actions result from the Consumer’s intentional or negligent disclosure of their account credentials or access data to third parties.

IV. Registration for Use of KWIAT.BG

Article 7.

(1) In order to use kwiat.bg for the conclusion of contracts for the purchase and sale of Goods, the Consumer must provide a username and password for remote access, selected by the Consumer.

(2) The username and password for remote access are determined by the Consumer through the online registration procedure available on the Supplier’s Website at kwiat.bg.

(3) By entering their details in the shopping cart and clicking the “Buy” button, the Consumer declares that they have read these General Terms and Conditions, agrees to their content and undertakes to comply with them.

(4) The Supplier shall confirm the Order placed by the Consumer by email. Upon confirmation, a Consumer account may be created and contractual relations shall arise between the Consumer and the Supplier.

(5) When registering or placing an Order, the Consumer undertakes to provide accurate, complete and up-to-date information. The Consumer shall promptly update any information provided during registration or when placing an Order if such information changes.

V. Technical Steps for Concluding a Purchase and Sale Agreement

Article 8.

(1) Consumers shall primarily use the interface of the Supplier’s Website on the kwiat.bg Platform in order to conclude contracts for the purchase and sale of Goods offered by the Supplier through the kwiat.bg Platform.

Article 9. Consumers conclude contracts for the purchase and sale of Goods through the kwiat.bg Platform in accordance with the following procedure:

1. logging into the order placement system of the kwiat.bg Platform;

2. selecting one or more Goods offered by the Supplier through the kwiat.bg Platform and adding them to the shopping cart;

3. providing the information necessary to identify the Consumer as a party to the contract;

4. providing the information necessary for delivery;

5. selecting the payment method and timing of payment; and

6. confirming the Order.

VI. Content of the Contract

Article 10.

(1) The Supplier and the Consumer enter into separate purchase and sale agreements for each of the Goods ordered by the Consumer, even where such Goods are selected by means of a single electronic statement and placed in one shopping cart.

(2) The Supplier may arrange the joint and simultaneous delivery of Goods ordered under separate purchase and sale agreements.

(3) The delivery timeframe shall be determined in accordance with the delivery schedule of the courier company applicable to the relevant destination, with express delivery being used whenever reasonably available.

(4) Free Delivery – The Supplier guarantees that any product purchased through the kwiat.bg Platform with a value exceeding EUR 50 shall be delivered to the Consumer free of charge.

(5) Try Upon Delivery – The Supplier allows the Consumer to try on each pair of glasses ordered through the kwiat.bg Platform. This must take place in the presence of the courier, free of charge. Where necessary, the Consumer may return the Goods through the same courier. This option does not affect or limit the Consumer’s statutory right of withdrawal, where applicable.

(6) Prescription Lenses – Upon request by the Consumer, the Supplier may manufacture and fit prescription lenses into an optical frame purchased through the kwiat.bg Platform. The manufacture and fitting of prescription lenses are not included in the price of the frame. This service shall be performed only after a telephone consultation with a specialist employed by the Supplier and upon the Consumer’s written confirmation by email of the details of the selected lenses provided by the Supplier.

Prescription lenses manufactured according to an individual prescription constitute goods made to the Consumer’s specifications and are not subject to withdrawal under Article 57 of the Consumer Protection Act.

(7) Orders received by 15:00 on business days shall be dispatched on the same day. Orders placed after that time shall be processed and dispatched on the following business day. The Supplier reserves the right to amend the above timeframes in cases of seasonal workload or other objective circumstances, provided that the Consumer is duly notified in such cases.

(8) The rights of Consumers in relation to delivered Goods shall be exercised separately for each purchase and sale agreement. The exercise of rights in relation to one delivered item shall not affect, and shall have no effect on, the purchase and sale agreements concerning other Goods delivered to the Consumer. Where the Consumer has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the purchase and sale agreement for a specific item shall not affect the purchase and sale agreements for other Goods delivered to the Consumer.

(9) In the case of Goods supplied together with other Goods as part of a promotional bundle or set, the delivery and return rules applicable to the relevant bundle or set, as announced in the product profile in the Online Store, shall apply with priority, provided that such rules do not limit the Consumer’s mandatory statutory rights.

Article 11. When exercising rights under a purchase and sale agreement, the Consumer must clearly and unambiguously identify the relevant contract and the Goods in respect of which such rights are being exercised.

Article 12.

(1) The Consumer may pay the price under the separate purchase and sale agreements either at the time of placing the Order or upon delivery of the Goods.

(2) In respect of Goods supplied together with other Goods as part of a promotional bundle or set, the price of the bundle or set shall apply to the bundle or set as a whole and shall not be divisible among the individual Goods included therein.

(3) Where the Supplier accepts the return of one item from a bundle or set under paragraph (2), the Consumer shall be entitled to a refund corresponding to the proportionate value of the returned item, determined by reference to the ratio between the standalone prices of the Goods included in the bundle or set as displayed in the Supplier’s Online Store when such Goods are not offered together as a bundle or set.

VII. Special Provisions Applicable to Consumers within the Meaning of the Consumer Protection Act

Article 13. The provisions of this Section VII of these General Terms and Conditions shall apply exclusively to Users who, based on the information provided when registering with kwiat.bg or when concluding a purchase and sale agreement, may reasonably be identified as Consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act, and/or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, as amended from time to time.

Article 14.

(1) The essential characteristics of the Goods offered by the Supplier through the kwiat.bg Platform are set out in the product description for each individual item available on the Platform.

(2) The price of each item, inclusive of all applicable taxes and charges, is specified by the Supplier in the relevant product description on the kwiat.bg Platform.

(3) Any postal, shipping or transportation costs not included in the price of the Goods shall be determined by the Supplier and communicated to the User during the ordering process prior to the conclusion of the purchase and sale agreement.

(4) The methods of payment, delivery and performance of the contract are set out in these General Terms and Conditions and in the information made available to the User through the functionalities and interface of the kwiat.bg Platform.

(5) The information provided to Users under this Article is accurate and up to date as of the time it is displayed on the kwiat.bg Platform prior to the conclusion of the purchase and sale agreement.

(6) Users acknowledge and agree that all pre-contractual information required under the Consumer Protection Act may be provided through the interface of the kwiat.bg Platform or by electronic mail.

Article 15.

(1) The Consumer agrees that the Supplier may require advance payment under the purchase and sale agreement where the Consumer chooses payment via a virtual POS terminal or any other payment method approved by the Supplier.

Article 14.

(1) The essential characteristics of the Goods offered by the Supplier through the kwiat.bg Platform are set out in the product description for each individual item available on the Platform.

(2) The price of each item, inclusive of all applicable taxes and charges, is specified by the Supplier in the relevant product description on the kwiat.bg Platform.

(3) Any postal, shipping or transportation costs not included in the price of the Goods shall be determined by the Supplier and communicated to the User during the ordering process prior to the conclusion of the purchase and sale agreement.

(4) The methods of payment, delivery and performance of the contract are set out in these General Terms and Conditions and in the information made available to the User through the functionalities and interface of the kwiat.bg Platform.

(5) The information provided to Users under this Article is accurate and up to date as of the time it is displayed on the kwiat.bg Platform prior to the conclusion of the purchase and sale agreement.

(6) Users acknowledge and agree that all pre-contractual information required under the Consumer Protection Act may be provided through the interface of the kwiat.bg Platform or by electronic mail.

Article 15.

(1) The Consumer agrees that the Supplier may require advance payment under the purchase and sale agreement where the Consumer chooses payment via a virtual POS terminal or any other payment method approved by the Supplier.

VIII. Right of Withdrawal

Article 16.

(1) The Consumer shall have the right to withdraw from the concluded distance contract within 14 days, without giving any reason and without incurring any penalty or compensation, by submitting the standard withdrawal form available on the Supplier’s Website at kwiat.bg, attached as Appendix No. 1 to these General Terms and Conditions. The withdrawal period shall commence on the date on which the Consumer, or a third party indicated by the Consumer other than the carrier, takes possession of the Goods.

(2) KWIAT EOOD guarantees that every shipment is inspected by qualified personnel prior to dispatch in order to verify its integrity and condition. Goods showing scratches, deformations or other visible defects shall not be dispatched. Accordingly, the Supplier ensures that the Goods are delivered to the Consumer in perfect condition.

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

– for the supply of Goods made to the Consumer’s specifications or clearly personalised;

– for the supply of Goods which are liable to deteriorate or expire rapidly;

– for the supply of sealed Goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery;

– where otherwise provided by applicable law.

(4) Where the Supplier has failed to provide the information required under the Consumer Protection Act, the Consumer shall have the right to withdraw from the contract within the period prescribed by the applicable legislation. Where the required information is subsequently provided during that period, the withdrawal period shall commence from the date on which such information is provided. The Consumer may exercise the right of withdrawal by submitting the standard withdrawal form attached as Appendix No. 1 to these General Terms and Conditions.

(5) Where the Consumer has exercised the right of withdrawal, the Supplier shall reimburse all payments received from the Consumer without undue delay and, in any event, no later than 14 days from the date on which it was informed of the Consumer’s decision to withdraw from the contract. The reimbursement may be withheld until the Supplier has received the returned Goods or until the Consumer has supplied evidence of having sent back the Goods, whichever occurs first. Reimbursement shall be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed otherwise, provided that no additional costs are incurred by the Consumer.

(6) Upon exercising the right of withdrawal, the direct costs of returning the Goods shall be borne by the Consumer, unless the Supplier has agreed to bear such costs or has failed to inform the Consumer that such costs are to be borne by the Consumer. The Supplier shall not be required to reimburse any additional delivery costs where the Consumer has expressly chosen a method of delivery other than the least expensive standard delivery offered by the Supplier.

(7) During the withdrawal period referred to in paragraph (1), the Consumer shall take reasonable care of the Goods and preserve their quality and condition.

(8) The Consumer may exercise the right of withdrawal by submitting a written notice to the Supplier using the standard withdrawal form available on the kwiat.bg Platform as Appendix No. 1 to these General Terms and Conditions.

(9) Unless the Supplier has offered to collect the Goods itself, the Supplier may withhold reimbursement until it has received the returned Goods or until the Consumer has supplied evidence of having sent back the Goods, whichever occurs first.

(10) Where Goods are supplied as part of a promotional bundle or set, the amount reimbursed upon withdrawal shall correspond to the proportionate value of the returned Goods, calculated by reference to the ratio between the individual non-discounted prices of the Goods as displayed in the Supplier’s Online Store.

(11) The Consumer shall return the Goods in a condition consistent with handling necessary to establish their nature, characteristics and functioning. The Consumer shall be liable only for any diminished value of the Goods resulting from handling beyond what is necessary for that purpose, in accordance with the applicable provisions of the Consumer Protection Act.

(12) Where the Consumer exercises the right of withdrawal in respect of Goods supplied together with bonus content or complimentary items forming part of the purchase, such withdrawal shall also be deemed to apply to such bonus content or complimentary items, unless otherwise expressly provided.

Article 17.

(1) The delivery period for the Goods shall be specified individually for each item at the time the purchase and sale agreement is concluded through the Supplier’s Website at kwiat.bg.

(2) Where no specific delivery period has been agreed between the Consumer and the Supplier, the Goods shall be delivered within 30 calendar days from the day following the submission of the Consumer’s Order through the Supplier’s Website.

(3) If the Supplier is unable to perform the contract because the ordered Goods are unavailable, the Supplier shall promptly notify the Consumer and reimburse any amounts already paid by the Consumer, where applicable.

IX. Performance of the Contract

Article 19.

(1) The Supplier may arrange for the delivery of the Goods to the Consumer through a courier service within the delivery period agreed upon at the time of concluding the contract.

(2) Where no specific delivery period has been expressly agreed between the Parties, the Supplier shall arrange the delivery within a reasonable period, taking into account the operational capabilities of the courier service.

Article 20.

(1) The User should inspect the Goods upon delivery. If the Goods do not conform to the contract or exhibit any apparent defects, the User should notify the Supplier without undue delay.

(2) Failure by the User to notify the Supplier in accordance with paragraph (1) shall not affect the User’s statutory rights under the Consumer Protection Act, including rights relating to any lack of conformity or hidden defects.

Article 21.

The Supplier shall ensure the availability of the necessary after-sales service and support for the Goods, where applicable.

Article 22.

Any matters not expressly governed by this Section shall be subject to the applicable provisions governing commercial sales under the Commerce Act and the Consumer Protection Act of the Republic of Bulgaria.

X. Personal Data Protection

Article 23.

(1) The Supplier shall implement appropriate technical and organisational measures to ensure the protection of the User’s personal data in accordance with the applicable personal data protection legislation, including Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and the Personal Data Protection Act.

(2) For the purpose of protecting the User’s personal data, the Supplier shall send communications containing personal information only to the email address provided by the User during registration or subsequently updated by the User.

(3) The Supplier may store or access information on the User’s terminal device only in accordance with the applicable legislation and the Cookie Policy. Where the applicable legislation requires prior consent, such information shall be stored or accessed only after the User has provided such consent.

(4) The User or Consumer may receive electronic communications from the Supplier, including newsletters, promotional offers and information regarding the Supplier’s Goods and services, only where the User or Consumer has provided the required consent or where such communications are otherwise permitted under the applicable legislation. The User or Consumer may withdraw such consent at any time.

(5) The Supplier may collect, store and process information relating to the User’s or Consumer’s use of the kwiat.bg Platform for the purposes described in the Privacy Policy, in accordance with the applicable data protection legislation.

Article 24.

(1) The Supplier may, where reasonably necessary and in compliance with the applicable legislation, require the User to verify their identity and confirm the accuracy of the information and personal data provided during registration.

(2) Where the User has forgotten or lost their username or password, the Supplier shall apply the Forgotten Username and Password Procedure, available at: https://www.kwiat.bg/zabravena-parola

XI. Amendments to and Access to the General Terms and Conditions

Article 25.

(1) These General Terms and Conditions may be amended by the Supplier. The Supplier shall notify all registered Users of any amendments by appropriate means.

(2) The Supplier and the User agree that any amendment or supplement to these General Terms and Conditions shall become binding upon the User in any of the following cases:

– upon the User being expressly notified by the Supplier, provided that the User does not reject the amendments within 14 days of such notification;

– upon publication of the amended General Terms and Conditions on the kwiat.bg Platform, provided that the User does not reject them within 14 days of their publication;

– upon the User’s express acceptance of the amended General Terms and Conditions through the User’s account on the kwiat.bg Platform.

The amended General Terms and Conditions shall not affect purchase and sale agreements concluded prior to the date on which the amendments enter into force, unless otherwise expressly agreed between the Parties or where such amendments are required by mandatory provisions of applicable law.

(3) The User agrees that all notifications from the Supplier concerning amendments to these General Terms and Conditions may be sent to the email address provided by the User during registration. The User further agrees that electronic communications sent in accordance with this Article shall not require a qualified electronic signature in order to produce legal effect.

Article 26.

The Supplier shall publish these General Terms and Conditions, together with any amendments and supplements thereto, on the kwiat.bg Platform.

XII. Termination

Article 27.

These General Terms and Conditions and the agreement between the User and the Supplier shall terminate in any of the following cases:

– upon the dissolution, liquidation or commencement of insolvency proceedings in respect of either Party;

– by mutual written agreement of the Parties;

– where performance of the agreement becomes objectively impossible for either Party;

– where the relevant equipment or infrastructure is seized or sealed by the competent public authorities;

– upon deletion of the User’s registration on the kwiat.bg Platform. In such case, any purchase and sale agreements already concluded but not yet performed shall remain valid and shall continue to be performed in accordance with their terms.

Article 28.

The Supplier may terminate the agreement unilaterally where it establishes that the User is using the kwiat.bg Platform in breach of these General Terms and Conditions, the applicable legislation of the Republic of Bulgaria, generally accepted principles of public morality, or the established rules and practices governing electronic commerce.

Such termination shall not affect any rights or obligations of the Parties arising from purchase and sale agreements concluded prior to the effective date of termination, nor shall it prejudice any mandatory statutory rights of Consumers.

Article 13. The provisions of this Section VII of these General Terms and Conditions shall apply exclusively to Users who, based on the information provided when registering with kwiat.bg or when concluding a purchase and sale agreement, may reasonably be identified as Consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act, and/or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, as amended from time to time.

Article 14.

(1) The essential characteristics of the Goods offered by the Supplier through the kwiat.bg Platform are set out in the product description for each individual item available on the Platform.

(2) The price of each item, inclusive of all applicable taxes and charges, is specified by the Supplier in the relevant product description on the kwiat.bg Platform.

(3) Any postal, shipping or transportation costs not included in the price of the Goods shall be determined by the Supplier and communicated to the User during the ordering process prior to the conclusion of the purchase and sale agreement.

(4) The methods of payment, delivery and performance of the contract are set out in these General Terms and Conditions and in the information made available to the User through the functionalities and interface of the kwiat.bg Platform.

(5) The information provided to Users under this Article is accurate and up to date as of the time it is displayed on the kwiat.bg Platform prior to the conclusion of the purchase and sale agreement.

(6) Users acknowledge and agree that all pre-contractual information required under the Consumer Protection Act may be provided through the interface of the kwiat.bg Platform or by electronic mail.

Article 15.

(1) The Consumer agrees that the Supplier may require advance payment under the purchase and sale agreement where the Consumer chooses payment via a virtual POS terminal or any other payment method approved by the Supplier.

Article 16.

(1) The Consumer shall have the right to withdraw from the concluded distance contract within 14 days, without giving any reason and without incurring any penalty or compensation, by submitting the standard withdrawal form available on the Supplier’s Website at kwiat.bg, attached as Appendix No. 1 to these General Terms and Conditions. Information regarding the exercise of the right of withdrawal is available on the kwiat.bg Platform in Appendix No. 2 to these General Terms and Conditions.

(2) KWIAT EOOD guarantees that every shipment is inspected by qualified personnel prior to dispatch in order to verify its integrity and condition. Goods showing scratches, deformations or other visible defects shall not be dispatched. Accordingly, the Supplier ensures that the Goods are delivered to the Consumer in perfect condition.

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

– for the supply of Goods made to the Consumer’s specifications or clearly personalised;

– for the supply of Goods which are liable to deteriorate or expire rapidly;

– for the supply of sealed Goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery;

– where otherwise provided by applicable law.

(4) Where the Supplier has failed to provide the information required under the Consumer Protection Act, the Consumer shall have the right to withdraw from the contract within the period prescribed by the applicable legislation. Where the required information is subsequently provided during that period, the withdrawal period shall commence from the date on which such information is provided. The Consumer may exercise the right of withdrawal by submitting the standard withdrawal form attached as Appendix No. 1 to these General Terms and Conditions.

(5) Where the Consumer has exercised the right of withdrawal, the Supplier shall reimburse all payments received from the Consumer, including the costs of the standard delivery service, without undue delay and, in any event, no later than 14 days from the date on which it was informed of the Consumer’s decision to withdraw from the contract. The Supplier may withhold reimbursement until it has received the returned Goods or until the Consumer has supplied evidence of having sent back the Goods, whichever occurs first. Reimbursement shall be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed otherwise, provided that no additional costs are incurred by the Consumer.

(6) Upon exercising the right of withdrawal, the direct costs of returning the Goods shall be borne by the Consumer, unless the Supplier has agreed to bear such costs or has failed to inform the Consumer that such costs are to be borne by the Consumer. The Supplier shall not be required to reimburse any additional delivery costs where the Consumer has expressly chosen a method of delivery other than the least expensive standard delivery offered by the Supplier.

(7) During the withdrawal period referred to in paragraph (1), the Consumer shall take reasonable care of the Goods and preserve their quality and condition.

(8) The Consumer may exercise the right of withdrawal by submitting a written notice to the Supplier using the standard withdrawal form available on the kwiat.bg Platform as Appendix No. 1 to these General Terms and Conditions.

(9) Unless the Supplier has offered to collect the Goods itself, the Supplier may withhold reimbursement until it has received the returned Goods or until the Consumer has supplied evidence of having sent back the Goods, whichever occurs first.

(10) Where Goods are supplied as part of a promotional bundle or set, the amount reimbursed upon withdrawal shall correspond to the proportionate value of the returned Goods, calculated by reference to the ratio between the individual non-discounted prices of the Goods as displayed in the Supplier’s Online Store.

(11) The Consumer shall return the Goods in a condition consistent with handling necessary to establish their nature, characteristics and functioning. The Consumer shall be liable only for any diminished value of the Goods resulting from handling beyond what is necessary for that purpose, in accordance with the applicable provisions of the Consumer Protection Act.

(12) Where the Consumer exercises the right of withdrawal in respect of Goods supplied together with bonus content or complimentary items forming part of the purchase, such withdrawal shall also be deemed to apply to such bonus content or complimentary items, unless otherwise expressly provided.

Article 17.

(1) The delivery period for the Goods shall be specified individually for each item at the time the purchase and sale agreement is concluded through the Supplier’s Website at kwiat.bg.

(2) Where no specific delivery period has been agreed between the Consumer and the Supplier, the Goods shall be delivered within 30 calendar days from the day following the submission of the Consumer’s Order through the Supplier’s Website.

(3) If the Supplier is unable to perform the contract because the ordered Goods are unavailable, the Supplier shall promptly notify the Consumer and reimburse any amounts already paid by the Consumer, where applicable.

XIII. Liability

Article 29.

The User shall indemnify and hold harmless the Supplier and the operators of the kwiat.bg Platform against any claims, actions, demands, damages, losses, liabilities, costs and expenses (including reasonable legal fees and court costs) asserted by third parties, whether justified or not, arising out of or in connection with:

(1) any breach by the User of its obligations under these General Terms and Conditions;

(2) any infringement of copyright, neighbouring rights, broadcasting rights or any other intellectual property or industrial property rights;

(3) any unauthorised transfer to third parties of rights granted to the User under these General Terms and Conditions;

(4) any false declaration by the User regarding the existence or absence of consumer status within the meaning of the Consumer Protection Act.

Article 30.

The Supplier shall not be liable for any failure or delay in the performance of its obligations where such failure or delay results from force majeure, fortuitous events, disruptions to the Internet, technical failures or other circumstances beyond the Supplier’s reasonable control, including acts or orders of competent public authorities.

Article 31.

(1) The Supplier shall not be liable for any failure or delay in the performance of its obligations where such failure or delay is caused by force majeure, fortuitous events, acts or omissions of competent public authorities, technical failures, interruptions of electronic communications networks or any other circumstances beyond the Supplier’s reasonable control.

(2) The Supplier shall not be liable for any damage resulting from the unlawful acts of third parties, including unauthorised access to a User account, unless such damage results from the Supplier’s intentional misconduct or negligence.

(3) In the event of a temporary technical inability to access the Online Store, the Supplier shall take reasonable steps to restore its normal operation within a reasonable period. Such temporary unavailability shall not give rise to any right to compensation, unless otherwise required by applicable law.

(4) The limitations of liability set out in this Section shall not apply where the damage has been caused intentionally or through gross negligence by the Supplier, or where liability cannot be excluded or limited under mandatory provisions of applicable law.

(5) Nothing in this Section shall limit or exclude the statutory rights of Consumers, including their rights in respect of any lack of conformity of the Goods with the sales contract, their right to submit complaints, their right of withdrawal from distance contracts, or any other rights granted under the applicable legislation.

Article 32.

(1) The Supplier shall not be liable where the security measures of its technical systems have been unlawfully circumvented by third parties, resulting in the loss, disclosure, unauthorised access to, restriction of access to, or alteration of information, or in any other similar consequences, provided that the Supplier has implemented appropriate security measures as required by applicable law.

(2) The Supplier shall not be liable for the conclusion of a purchase and sale agreement, the provision of access to information, or the loss, disclosure or alteration of data resulting from the fraudulent impersonation of the User by a third party, where, based on the circumstances, the Supplier could reasonably have believed that such third party was the User.

XIV. Payment Methods

Payment may be made by Visa or Mastercard debit, credit or business card.

Card payment transactions are processed through the secure Mastercard Identity Check and Visa Secure authentication programmes via the DSK Bank e-commerce payment platform.

KWIAT EOOD does not store, process or have access to the payment card details used for transactions made through the Website.

XV. Miscellaneous Provisions

Article 33.

(1) The User and the Supplier undertake to respect and protect each other’s lawful rights and legitimate interests and to keep confidential any trade secrets or confidential business information disclosed or obtained in connection with the performance of these General Terms and Conditions or any purchase and sale agreement.

(2) During the term of the contractual relationship and after its termination, neither the User nor the Supplier shall disclose or make publicly available any written or oral correspondence exchanged between them without the prior written consent of the other Party, except where disclosure is required by applicable law. Public disclosure includes, without limitation, publication in printed or electronic media, internet forums, personal or public websites, social media platforms or similar communication channels.

Article 34.

In the event of any inconsistency between these General Terms and Conditions and the provisions of a separate written agreement concluded between the Supplier and the User, the provisions of the separate written agreement shall prevail.

Article 35.

If any provision of these General Terms and Conditions is held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions.

Article 36.

Any matters relating to the interpretation, validity and performance of these General Terms and Conditions that are not expressly governed herein shall be subject to the laws of the Republic of Bulgaria.

Article 37.

These General Terms and Conditions shall enter into force upon their acceptance by the User.

For additional consumer information, please visit www.kwiat.bg or contact us at shoponline@kwiat.bg.