Terms and Conditions

1. SUBJECT MATTER

Art. 1. These general terms and conditions are intended to regulate the relations between GERARDO ONLINE LTD, UIC 207704201, with registered office and management address: s. Markovo 4108, Buzludzha St. 9, hereinafter referred to as the SUPPLIER, and the clients, hereinafter referred to as USERS, of the e-commerce platform, hereinafter referred to as "gerardo.bg".

II. SUPPLIER DETAILS

Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:

1. Name of the Supplier: "GERARDO ONLINE LTD"
2. Registered office and management address: s. Markovo 4108, Buzludzha St. 9
3. Address for exercising the activity and address for submitting complaints by consumers: s. Markovo 4108, Buzludzha St. 9
4. Correspondence data: gerardo.shop.bg@gmail.com, phone +359897866383
5. Entry in public registers: UIC 207704201
6. Supervisory authorities:

(1) Commission for Personal Data Protection

Address: Sofia, "Prof. Tsvetan Lazarov" St. No. 2,

tel.: (02) 940 20 46

fax: (02) 940 36 40

Email: kzld@government.bg, kzld@cpdp.bg

Website: www.cpdp.bg

 

(2) Commission for Consumer Protection

Address: 1000 Sofia, "Slaveykov" Square No. 4A, fl. 3, 4 and 6,

tel.: 02 / 980 25 24

fax: 02 / 988 42 18

hotline: 0700 111 22

Website: www.kzp.bg

1. Registration under the Value Added Tax Act 207238276

III. PLATFORM CHARACTERISTICS

Art. 3. Gerardo is an e-commerce platform, accessible at gerardo.bg, through which Users can enter into contracts for the purchase and delivery of goods offered by the Supplier on the platform, including the following:

1. To register and create a profile to browse the Supplier's e-shop and use additional information services;
2. To view goods, their characteristics, prices and delivery conditions;
3. To conclude contracts with the Supplier for the purchase and delivery of goods offered on the gerardo.bg platform;
4. To make all payments related to the concluded contracts through the gerardo.bg platform using electronic payment methods.
5. To receive information about new goods offered by the Supplier on the gerardo.bg platform;
6. To make electronic statements regarding the conclusion or execution of contracts with the Supplier on the gerardo.bg platform through the interface of the gerardo.bg page accessible on the Internet;
7. To be notified of rights arising from the law, primarily through the interface of the gerardo.bg platform on the Internet;
8. To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

Art. 4. The Supplier on the gerardo.bg platform organizes the delivery of goods and guarantees the rights of the Users provided by law, within the limits of good faith, the criteria and conditions adopted in practice, consumer or commercial law.

Art. 5. (1) Users conclude a contract for the purchase and sale of goods with the Supplier on the gerardo.bg platform at gerardo.bg. The contract is concluded in Bulgarian and is stored in the Supplier's database on the platform.

(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier on the gerardo.bg platform undertakes to organize the delivery and transfer of ownership to the User of the goods specified by them through the platform interface. Users have the right to correct errors in entering information no later than sending the statement for concluding the contract to the Supplier on the gerardo.bg platform.

(3) Users pay the Supplier of the gerardo.bg platform a remuneration for the delivered goods in accordance with the conditions specified on the gerardo.bg platform and these general terms and conditions. The remuneration is equal to the price announced on the gerardo.bg platform.

Art. 6. (1) The User and the Supplier on the gerardo.bg platform agree that all statements between them in connection with the conclusion and execution of the purchase and sale contract can be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.

(2) It is assumed that the electronic statements made by the Users of the site are made by the persons specified in the data provided by the User when registering, if the User has entered the corresponding username and access password.

1. REGISTRATION FOR USING gerardo.bg

Art. 7. (1) To use gerardo.bg for concluding contracts for the purchase and sale of goods, the User must enter a username and password chosen by them for remote access or log in through their Facebook or Google profile, by which they are considered to have accepted these general terms and conditions.

(2) The username and password for remote access are determined by the User by performing an online registration on the Supplier's website on the gerardo.bg platform, according to the procedure specified therein. Users can place orders for goods delivery and create a profile from social networks Facebook and Google.

(3) By filling in their data in the shopping cart and clicking the "Order" button, the User declares that they are familiar with these general terms and conditions, agree with their content and undertake to comply with them unconditionally.

(4) The Supplier confirms the order placed by the User by e-mail. A User account is created and contractual relations arise between them and the Supplier.

(5) When registering or placing an order, the User undertakes to provide true and up-to-date data. The User undertakes to update the data specified in their registration or order in a timely manner in case of change.

1. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AND SALE CONTRACT

Art. 8. (1) Users primarily use the interface of the Supplier's page on the gerardo.bg platform to conclude contracts for the purchase and sale of goods offered by the suppliers on the gerardo.bg platform.

(2) In cases of ordering goods without registration by the User, the latter accepts these general terms and conditions at the time of delivery. It is considered that the User has accepted these general terms and conditions by accepting the delivery of the goods.

Art. 9. Users conclude the contract for the purchase and sale of goods on the gerardo.bg platform by following procedure:

(1) Entering the order system on the gerardo.bg platform

(2) Selecting one or more of the goods offered by the Supplier on the gerardo.bg platform and adding them to a list of goods for purchase.

(3) Providing the necessary data for the identification of the User as a party to the contract.

(4) Providing delivery data;

(5) Choosing a method and time for payment of the price.

(6) Order confirmation;

1. CONTENT OF THE CONTRACT

Art. 10. (1) The Supplier and the Users conclude separate contracts for the purchase and sale of the goods requested by the Users, even if they are selected with a single electronic statement and from a single list of goods for purchase.

(2) The Supplier may organize the delivery of goods ordered under separate purchase and sale contracts together and simultaneously.

(3) The rights of the Users regarding the delivered goods are exercised separately for each purchase and sale contract. The exercise of rights in connection with a delivered product does not affect and has no effect on the purchase and sale contracts for other goods. In case the User is a consumer within the meaning of the Consumer Protection Act, the exercise of the right to withdraw from the purchase and sale contract for a specific product does not affect the purchase and sale contracts for other goods delivered to the consumer.

Art. 11. When exercising the rights under the purchase and sale contract, the User is obliged to precisely and unambiguously indicate the contract and the goods to which the rights are exercised.

Art. 12. The User can pay the price for the individual purchase and sale contracts at once when placing the order for the goods or upon their delivery.

VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO ARE CONSUMERS WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT

Art. 13. The provisions of this Section VII of these general terms and conditions apply only to Users for whom, according to the data provided for the conclusion of the purchase and sale agreement or for registration on gerardo.bg, it can be concluded that they are 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.

Art. 14. (1) The main characteristics of the goods offered by the Supplier on the gerardo.bg platform are defined in the profile of each product on the gerardo.bg platform.

(2) The price of the goods, including all taxes and fees, is determined by the Supplier on the gerardo.bg platform in the profile of each product on the gerardo.bg platform.

(3) The value of postal or transport costs not included in the price of the goods is determined by the Supplier on the gerardo.bg platform and is provided as information to the Users when selecting the goods for concluding the purchase and sale contract;

(4) The methods of payment, delivery and execution of the contract are defined in these general terms and conditions and the information provided to the User through the mechanisms on the gerardo.bg platform.

(5) The information provided to Users under this article is current at the time of its visualization on the gerardo.bg platform before the conclusion of the purchase and sale contract.

(6) Users agree that all information required by the Consumer Protection Act can be provided through the interface of the gerardo.bg platform or by email.

Art. 15. (1) The consumer agrees that the suppliers on the gerardo.bg platform have the right to accept advance payment for the contracts concluded with the Consumer for the purchase and sale of goods and their delivery.

(2) The consumer independently chooses whether to pay the Supplier on the gerardo.bg platform the price for the delivery of the goods before or at the time of their delivery.

(3) In case the value of the Consumer's order is equivalent to or exceeds BGN 15,000, payment is made only by transfer or deposit to the Supplier's payment account.

Art. 16. (1) The consumer has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days, starting from the date of acceptance of the goods by the Supplier using the unified withdrawal form available on the Supplier's website on the gerardo.bg platform at the address Exercise your rights! and in Annex № 1 to these general terms and conditions. Information on exercising the right of withdrawal is available at Exercise your rights! and in Annex № 2 to these general terms and conditions.

(2) The right of withdrawal under par. 1 does not apply in the following cases:

1. for the delivery of goods made to the consumer's specifications or clearly personalized;
2. for the supply of goods which are liable to deteriorate or expire rapidly;
3. for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
4. for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
5. for the supply of sealed audio or video recordings or sealed computer software which were unsealed after delivery, including activation codes for software licenses, software features or virtual payment instruments.
6. for the supply of newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications;

(3) When the supplier on the gerardo.bg platform has not fulfilled its obligations to provide information, as defined in the Consumer Protection Act, the Consumer has the right to withdraw from the concluded contract within a period of one year and 14 days, starting from the date of receipt of the goods. When the information is provided to the consumer within the withdrawal period, the period begins to run from the date of its provision. The consumer has the right to make the statement of withdrawal under this article directly to the Supplier through the unified withdrawal form available on the Supplier's website on the gerardo.bg platform at Annex № 1 to these general terms and conditions.

(4) When the Consumer has exercised their right of withdrawal from a distance contract or off-premises contract, the Supplier shall reimburse all sums received from the consumer, including delivery costs, without undue delay and no later than 14 days from the date on which they were informed of the consumer's decision to withdraw from the contract. The Supplier shall reimburse the received sums using the same payment method used by the consumer for the initial transaction, unless the consumer has expressly agreed to use another payment method and provided that this does not entail any costs for the consumer.

(5) When exercising the right of withdrawal, the costs for returning the delivered goods shall be deducted from the amounts for reimbursement under para. 4, except in cases where the consumer organises the return of the goods himself and at his own expense. The Supplier shall not be obliged to reimburse the additional costs for the delivery of the goods when the consumer has explicitly chosen a method of delivery of the goods other than the cheapest standard type of delivery offered by the Supplier.

(6) The Consumer undertakes to store the goods received from the Supplier on the platform and to ensure the preservation of their quality and safety during the period under para. 1.

(7) The Consumer may exercise his right of withdrawal from the contract with the Supplier by submitting a written statement to the Supplier using the standard withdrawal form, available at GENERAL TERMS AND CONDITIONS on the gerardo.bg platform and in Annex No. 1 to these general terms and conditions.

(8) Where the supplier on the gerardo.bg platform has not offered to collect the goods himself, he may withhold payment of the sums to the Consumer until he has received the goods or until the consumer has provided proof that he has sent the goods back, whichever is the earlier.

(10) Notwithstanding the above hypotheses, the Consumer undertakes to return the goods in a commercial condition that allows their subsequent sale, unless the unpacking of the goods leads to an obvious violation of the commercial condition of the goods, such as, but not limited to, a destructible box, hermetic packaging, and other similar cases. In case of violated commercial condition of the goods, the Supplier has the right, at his discretion, to refuse to accept withdrawal from the contract or to charge the Consumer for costs for restoring the goods to a commercial condition.

(11) In the event of exercising the right of withdrawal under this article, it shall be deemed that the Consumer has also exercised the right of withdrawal with regard to the bonus content belonging to the goods.

Art. 17. (1) The delivery period for each item is determined separately when the contract with the consumer is concluded through the Supplier's website on the gerardo.bg platform.

(2) In the event that the Consumer and the Supplier on the gerardo.bg platform have not specified a delivery period, the delivery period for the goods shall be 30 calendar days, starting from the day following the dispatch of the consumer's order to the Supplier via the Supplier's website on the gerardo.bg platform.

(3) If the Supplier on the gerardo.bg platform cannot fulfill the contract because he does not have the ordered goods, he is obliged to notify the Consumer thereof and to refund the amounts paid by him.

Art. 18. The Supplier on the gerardo.bg platform undertakes to comply with all requirements established in Bulgarian legislation regarding the labeling, advertising, and sale of food supplements.

VIII. CONTRACT PERFORMANCE

Art. 19. (1) The Supplier on the gerardo.bg platform may arrange for the delivery and handover of the goods to the User by a relevant courier within the period specified at the conclusion of the contract.

(2) If the term under para. 1 is not explicitly agreed between the parties when concluding the contract, the Supplier organizes the delivery and handover within a reasonable term.

Art. 20. (1) The User must inspect the goods at the time of delivery and handover and, if they do not meet the requirements, immediately notify the Supplier on the gerardo.bg platform.

(2) If the User does not notify the Supplier on the gerardo.bg platform in accordance with para. 1, the goods shall be deemed to be approved as compliant with the requirements, except for hidden defects.

Art. 21. The Supplier on the gerardo.bg platform is not obliged to provide the necessary service for the goods.

Art. 22. For cases not regulated in this section, the rules of commercial sale, defined in the Commercial Law and the Consumer Protection Act, shall apply.

1. PROTECTION OF PERSONAL DATA

Art. 23. (1) The collection, storage, and processing of personal data are carried out in accordance with Gerardo Online Ltd.'s Personal Data Privacy Policy, which you can access here Privacy Policy.

(2) The personal data entered by Users are subject to protection under the Personal Data Protection Act and General Regulation 2016/679, and the Supplier processes them for the purposes and within the terms provided for in the Personal Data Privacy Policy.

(3) By agreeing to the Personal Data Privacy Policy, the User explicitly confirms that he/she agrees that the Supplier may store information or access information stored on the User's end device for the purposes and terms exhaustively provided therein. The User agrees that the Supplier may store information or access information stored on the User's end device on other grounds specified in the Personal Data Privacy Policy.

(4) The User or Consumer agrees that the Supplier of the gerardo.bg platform has the right to send electronic messages to the User or Consumer at any time, including newsletters or offers for the purchase of goods, as long as the User or Consumer is registered in the Supplier's online store on the gerardo.bg platform.

(5) The User or Consumer agrees that the Supplier of the gerardo.bg platform has the right to collect, store and process data on the behavior of the User or Consumer when using the Supplier's online store on the gerardo.bg platform. The User has the right to object to the storage or access to information under paragraph 3 in the ways provided for in the Personal Data Privacy Policy.

Art. 24. (1) At any time, the Supplier on the gerardo.bg platform has the right to require the User to identify himself and to verify the authenticity of each of the circumstances and personal data declared during registration.

(2) In the event that for any reason the User has forgotten or lost his/her name and password, the Supplier of the gerardo.bg platform has the right to apply the declared "Procedure for lost or forgotten names and passwords", available at: gerardo.bg

1. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 25. (1) These general terms and conditions may be amended by the Supplier of the gerardo.bg platform, of which the latter will notify all registered Users in an appropriate manner.

(2) The Supplier on the gerardo.bg platform and the User agree that any addition and amendment to these general terms and conditions will be effective with respect to the User in one of the following cases:

A) after explicit notification by the Supplier on the gerardo.bg platform and if the User does not declare within the 14-day period provided to him/her that he/she rejects them; or

B) after their publication on the Supplier's website on the gerardo.bg platform and if the User does not declare within 14 days of their publication that he/she rejects them;

C) by explicit acceptance by the User through his/her profile on the Supplier's website on the gerardo.bg platform.

(3) The User agrees that all statements of the Supplier on the gerardo.bg platform, in connection with the amendment of these general terms and conditions, will be sent to the e-mail address specified by the User during registration. The User agrees that electronic letters sent under this article do not need to be signed with an electronic signature to be effective against him.

Art. 26. The Supplier publishes these general terms and conditions at {terms_rul} together with all additions and amendments thereto.

1. TERMINATION

Art. 27. These general terms and conditions and the User's contract with the Supplier on the gerardo.bg platform shall be terminated in the following cases:

• upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
• by mutual written agreement of the parties;
• in case of objective impossibility for any of the parties to the contract to fulfill their obligations;
• upon seizure or sealing of equipment by state authorities;
• in case of deletion of the User's registration on the gerardo.bg platform. In this case, concluded but unfulfilled purchase and sale contracts remain in force and are subject to fulfillment;

Art. 28. The Supplier has the right, at its discretion, without notice and without owing compensation, to unilaterally terminate the contract if it finds that the User is using the gerardo.bg platform in violation of these general terms and conditions, the legislation of the Republic of Bulgaria, generally accepted moral norms, or generally accepted rules and practices in e-commerce.

XII. LIABILITY

Art. 29. The User undertakes to indemnify and hold harmless the suppliers on the gerardo.bg platform and the Supplier from court claims and other claims of third parties (whether justified or not), for all damages and expenses (including legal fees and court costs) arising from or in connection with (1) non-fulfillment of any of the obligations under this contract, (2) infringement of copyright, producer's rights, broadcasting rights or other intellectual or industrial property rights, (3) unlawful transfer to other persons of the rights granted to the User, for the term and under the terms of the contract and (4) false declaration of the existence or absence of consumer status within the meaning of the Consumer Protection Act.

Art. 30. The Supplier shall not be liable in case of force majeure, accidental events, problems with the Internet, technical or other objective reasons, including orders from competent state authorities.

Art. 31. (1) The Supplier is not liable for damages caused by the User to third parties.

(2) The Supplier is not liable for material or non-material damages, expressed as lost profits or suffered damages, caused to the User in the process of using or not using gerardo.bg and concluding sales contracts with the Supplier.

(3) The Supplier is not liable for the time during which the platform was inaccessible due to force majeure.

(4) The Supplier is not liable for damages from comments, opinions and publications under products, news and articles on the gerardo.bg platform.

Art. 32. (1) The Supplier is not liable in case of overcoming the security measures of the technical equipment and the subsequent loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.

(2) The Supplier is not liable in case of conclusion of a contract for purchase and sale, provision of access to information, loss or modification of data resulting from false legitimation of a third party who impersonates the User, if it can be inferred from the circumstances that this person is the User.

XIII. OTHER TERMS AND CONDITIONS

Art. 33. (1) The User and the Supplier on the gerardo.bg platform undertake to mutually protect their rights and legitimate interests, as well as to keep their trade secrets, which have become known to them in the process of fulfilling the contract and these general terms and conditions.

(2) The User and the Supplier undertake, during and after the expiry of the contract period, not to make public any written or oral correspondence conducted between them. Publication of correspondence in print and electronic media, internet forums, personal or public websites, etc. may be considered public disclosure.

Art. 34. In case of contradiction between these general terms and conditions and agreements in a special contract between the Supplier on the gerardo.bg platform and the User, the clauses of the special contract shall prevail.

Art. 35. The eventual invalidity of any of the provisions of these general terms and conditions shall not lead to the invalidity of the entire contract.

Art. 36. For matters not regulated by this contract, related to its performance and interpretation, the laws of the Republic of Bulgaria shall apply.

Art. 37. These general terms and conditions come into force for all Users of gerardo.bg.

Annex No. 1 - Standard form for exercising the right of withdrawal from the contract

 

 

Annex No. 2 - Information regarding the exercise of the right of withdrawal from the contract

Information regarding the exercise of the right of withdrawal from the contract

Standard instructions for withdrawal:

1. Right of withdrawal from a distance or off-premises contract.
2. You have the right to withdraw from this contract, without stating reasons, within 14 days.
3. The withdrawal period is 14 days starting from the date on which you or a third party, other than the carrier and indicated by you, took possession of the goods.
4. To exercise your right of withdrawal, you must notify us using the contact details provided on gerardo.bg of your decision to withdraw from the contract with an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
5. You may use the attached standard withdrawal form, but this is not obligatory. You can also fill in and submit electronically the standard withdrawal form or any other unequivocal statement of withdrawal on our website gerardo.bg. If you use this option, we will immediately send you a confirmation of receipt of your withdrawal on a durable medium (e.g. by e-mail).
6. To comply with the withdrawal period, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

1. Effect of withdrawal.
2. If you withdraw from this contract, we will refund all payments received from you, including the costs of delivery (with the exception of additional costs arising from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using a bank account specified by you; in any event, you will not incur any fees as a result of such reimbursement.
3. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
4. You must bear the direct cost of returning the goods. The costs are expected not to exceed approximately the amount for delivery or standard courier service.
5. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

For additional consumer information, please visit gerardo.bg