Home / Terms and Conditions

Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR ONLINE SALE VIA THE WEBSITE www.ogivas.com

Effective from ….2024.

These General Terms and Conditions for Sale regulate the relationship between “OGIVAS” Ltd, UIC 207670699, registered with the Commercial Register at the Registry Agency, with headquarters and management address at Zhilentsi village, postal code 2573, Mahala Cherkovna St. No. 4, hereinafter referred to as the “Seller,” and the “Buyer,” acting as a user of the services provided on the website “www.ogivas.com” (hereinafter referred to as the “Website”).

Website URL: www.ogivas.com
Published by “OGIVAS” Ltd mentioned above, acting on behalf of its brand OGIVAS.
Contact: Email: info@ogivas.com

Supervisory Authorities:

Commission for Personal Data Protection
Address: Sofia 1592, “Prof. Tsvetan Lazarov” Blvd., No. 2
Phone: (02) 940 20 46
Fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg

Consumer Protection Commission
Address: 1000 Sofia, Slaveikov Sq., No. 4A, floors 3, 4, and 6
Phone: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg

Please familiarize yourself with these General Terms and Conditions for Sale (“GTC”) before using the commercial and information services offered on the Website. By placing an order for products (“Products”) and/or related services through the Website, these GTC automatically apply.

In these GTC, “You” or “User” refers to the person who has visited the Website and/or registered, and “Buyer” refers to the person who orders any Products through it. “We” or “Seller” refers to the company mentioned above. The Buyer and the Seller are collectively referred to as the “Parties” and individually as the “Party.”

Every order for a Product offered through the Website requires You to confirm and expressly agree to these GTC by ticking a box specifically designated for this purpose during the order form completion. These GTC exclude the application of any other terms of sale.

In accordance with applicable laws and regulations, it is clarified that confirming a purchase order as described in these GTC constitutes a validly concluded electronic contract between the Parties and proof of the order made and the resulting monetary obligations for the Buyer.

SUMMARY OF GENERAL TERMS

  1. Delivery Territory
    “OGIVAS” Ltd. delivers to Bulgaria, all EU member states, Norway, Switzerland, and the UK.
  2. Delivery Costs
    Delivery costs are calculated based on the weight, volume, and value of the ordered products, as well as the country to which the goods will be delivered from Bulgaria, using the courier company’s rate plans. The delivery price may vary depending on the number of items and the quantity of the order.
  3. Customs Duties and Clearance Costs
    Customs duties and clearance costs are calculated based on the weight, volume, and value of the ordered products applicable to the respective country outside the EU and are borne by the Buyer. These are determined according to the tariffs of the respective country of delivery outside the EU and are paid by the Buyer upon the arrival of the Products at customs. To determine the amount of applicable customs duties for importing goods from the EU into a third country, you can consult the competent customs authorities or customs agents in that country.
  4. Payment Methods
    The Buyer may choose one of the following payment methods: credit or debit card, PayPal, or bank transfer. Additional information on payment security is provided in these General Terms and Conditions.
  5. Production and Delivery Time
    Upon approval and confirmation of the order, the Seller commits to producing and sending the products within 4-6 weeks, depending on the Seller’s workload. Delivery is carried out by a courier company, and the customer will be notified by email of the shipment and will receive tracking information.
  6. Delivery Methods
    • Pick-up in person: Orders can be picked up from our warehouse in Zhilentsi village, postal code 2573, Mahala Cherkovna St. No. 4, without additional costs. We will contact you to arrange a convenient date and time for the pick-up.
    • Delivery to an address: Orders can be delivered to the address specified by the Buyer. Please note that delivery includes delivery to the building entrance.
  7. Warranty
    The Seller provides a 2-year legal warranty for all products covering manufacturing defects. In case of damage during transportation, the Buyer must contact the Seller by email within 24 hours of receiving the product for further instructions.
  8. Order Cancellation
    The Buyer has the right to cancel the order within 14 days of receiving the products. Goods must be returned in their original packaging and unchanged condition. All return costs are borne by the Buyer. The Seller undertakes to refund the amount paid within 14 days of receiving the cancellation notice and returning the goods.

DETAILED TERMS AND CONDITIONS

I. PURCHASE TERMS. USER ACCOUNT REGISTRATION

The User declares their desire to order a product (“Product”) through the Website by placing an order electronically with or without a registered account on the Website. The Products offered through the Website are intended exclusively for individuals who are: (i) of legal age, and (ii) capable of making orders through the Website.

User Account Registration

During registration, the User must fill in the required information in the registration fields (and/or optional information at their discretion), agree to the General Terms for online product sales, and confirm that they have read the Privacy Policy. Upon account registration, the User must provide the following valid information: full name, email, password, and password confirmation.

During the account registration process, the User will receive a verification email. The User must click on the confirmation link and then complete the registration. Once the user account is activated, the User will receive a confirmation of the successful registration via email, along with a copy of and/or a link to the General Terms and Conditions for online product sales accepted by the User.

A person can have only one user account. If the Seller has information that a person is registered with more than one profile, the Seller reserves the right to deactivate all accounts.

When registering an account, by selecting the field “I agree to the General Terms and Conditions” and choosing the “Register” button, the User explicitly makes an electronic statement within the meaning of the Law on Electronic Documents and Electronic Certification Services, declaring that they are familiar with these General Terms and Conditions, accept them, and agree to comply with them. The Seller may store the User’s IP address and other information necessary for identifying the User in the event of a legal dispute.

Accurate Information Provided by the User

During registration, the User is required to provide accurate, correct, and up-to-date information. The User is responsible for keeping the information correct and up-to-date while the account is active. The User may change their personal data at any time by accessing the “My Account” section of the Website. The Seller will use the data provided by the User to contact and service the User and fulfill legal and/or contractual obligations.

If the Seller cannot fulfill its contractual or legal obligations in a timely and proper manner due to inaccurate, incorrect, or outdated personal data provided by the User, the Seller is not liable. The User bears full responsibility for any damages suffered by the Seller due to incorrect, inaccurate, or outdated data declared by the User. Any notification or message sent as part of the Seller’s legal obligations to the email address, phone number, or postal address (if provided) specified in the User’s profile is considered valid even if the User has not received it due to an error in the data provided by the User and/or technical or other issues with the User’s server or phone and/or telecommunications service provider.

Registered Users are fully responsible for any action or inaction performed through their user account. The Seller is not liable for damages resulting from unauthorized access or use of the User’s account unless the Seller was duly informed in advance and a request for deactivation of the account was made.

II. INFORMATION ABOUT PRODUCTS AND PRICES

The products offered for sale are those displayed on the Website at the time the User views the webpage. The Seller reserves the right, at its discretion, to choose which products to offer for sale on the Website and may change, update, and/or withdraw products at any time without being liable for this or giving prior notice to Users. Product prices, promotional offers, and discounts offered on the Website may also be changed by the Seller at any time without prior notice to Users.

The Seller reserves the right to freely set product prices and to change, modify, and/or withdraw any offer at any time. All images used to illustrate the products are for informational purposes only, and the Seller does not guarantee their accuracy.

If the Buyer wishes to purchase a product that is out of stock, they will be notified during the order process with a notice of temporary unavailability.

Prices for the offered products are those listed on the Website at the time of order. Prices are in euros, with their equivalent in Bulgarian leva also provided. They include all applicable discounts and VAT at the date of the order. Prices do not include delivery costs, customs duties, or clearance fees if applicable, which are specified before confirming the order and are charged as additional costs. The total payment amount includes the prices of the offered products and the delivery charge, payable by the Customer using the selected payment method (bank transfer, PayPal, or credit/debit card). All customs duties and clearance fees for ordered products are the responsibility of the Buyer. These are determined by the tariffs of the respective country of delivery outside the EU and are paid by the Buyer when the Products arrive at customs.

The Seller reserves the right to change product prices at any time without notice. Such changes do not affect orders already placed. The price change is valid for Users from the moment it is posted on the Website.

III. PLACING AND CONFIRMING AN ORDER

Order Conditions and Steps

After reviewing the offered products on the Website at the time of viewing, the Buyer can add selected products to their shopping cart by clicking the “Add to cart” button. The Buyer can view the contents of the cart at any time (i.e., the selected products for purchase in previous steps) and get information about their prices and delivery costs. The Buyer can also modify the cart contents by deleting or adjusting the selected quantities before confirming the order.

The Buyer can review the cart’s contents with all ordered Products, the total order amount, billing details (if provided), delivery period, delivery costs, and any applicable delivery restrictions.

To complete the order, the Buyer must log into their user account. If the Buyer does not have a registered account, they can order as a guest by entering all required details for order confirmation (name, address, phone number, email, and payment information).

The Buyer must fill in all fields with the necessary information for delivery and the payment method. The Buyer can choose to pay by bank card (credit or debit), bank transfer, or PayPal. When paying with a bank card, the Buyer must enter the card details.

The Buyer must review their order based on the data provided and, if they wish to place the order, click the “Place Order” button. If the Buyer wants to modify the order, they must return to the respective step of the order and make the necessary changes. Before clicking the button to confirm the order, the Buyer must read these GTC and then confirm their agreement by ticking the corresponding confirmation boxes on the Website.

Once the Buyer confirms acceptance of these GTC, a special payment webpage opens to complete the order payment. All orders for Products are binding, requiring payment of their value as specified on the Website.

When paying by bank card, the Buyer is automatically connected to the electronic money server of the payment service provider. The payment service provider’s server is protected through an SSL encryption process to protect payment method data and ensure that the Buyer’s banking information does not pass through the Seller’s IT system. Therefore, the Seller assumes no responsibility.

The Seller’s computer records or other recorded data constitute valid evidence of all transactions between the Seller and the Buyer.

Order Confirmation

Once the Buyer completes the ordering process, they will receive an automatic email confirmation of the order with all required details – Seller’s contact details, order number, order date, a summary of the order as registered, the total amount due, the payment method, confirmation of payment if made by bank transfer, and a link to these General Terms and Conditions.

For each step of the order process (e.g., confirming product availability, shipment), the Buyer will be notified by email. The status of current and previous orders can also be tracked by the Buyer from their user profile on the Website if they used one.

The sale contract is concluded only when the Buyer receives a confirmation email confirming the purchase order. The periods specified in these GTC begin once the confirmation email is sent, regardless of whether the Buyer has read it.

The Buyer will be notified by email when the product is handed over to the courier for delivery and the expected delivery date. The email will also include tracking information for the Buyer to follow the shipment.

In case of any issues with the order or delivery times, the Buyer will be notified via the provided email.

The Seller is not responsible if the Buyer does not receive or receives insufficient information about the order due to an error or inaccuracy in the contact details provided by the Buyer.

Order Cancellation

The Seller has the right to cancel a registered or confirmed order without liability in the following cases:

  1. The Buyer’s credit/debit card is rejected during the online payment;
  2. Payment cannot be completed, and the due amounts for the purchase are not received by the Seller;
  3. The Buyer provided incorrect or incomplete details in their user profile or when filling in the order details (delivery address, payment information, etc.).

IV. PAYMENT AND DELIVERY

Payment

When finalizing the order, the Buyer is offered a choice of various payment methods – bank transfer, credit/debit card, and PayPal. To complete the order and make a payment via bank card (credit or debit), the following conditions must be met:

  1. The bank card used must be one of the following: MasterCard, MasterCard Electronic, Maestro, Visa, Visa Electron, Diners Club, Bcard, Borica.
  2. The bank card must support online payments.

When paying with a bank card, the Buyer is automatically connected to the payment service provider’s electronic money server, which is a separate payment page. On the payment page, the Buyer must enter the card details: card number, expiration date, and security code. If the Buyer’s card has additional protection for online payments, they must enter their authentication password. If the card does not provide additional protection via a password, the payment will be completed directly after entering the bank card details. Payments are made in euros or Bulgarian leva.

Upon successful payment, a confirmation message will appear on the screen, and the Buyer will receive a confirmation email. In case of an unsuccessful transaction, the Buyer will be informed with a message displayed on the screen. In case of an unsuccessful transaction, the Buyer may attempt another payment by repeating the necessary steps.

The Buyer declares and confirms that by making a payment with a bank card, they are the holder of the card used for payment or have been expressly authorized by the cardholder to use it. All bank fees and commissions charged by the Buyer’s servicing bank for the payment are the Buyer’s responsibility.

Delivery

Ordered Products are delivered within 4 to 6 weeks, as they are made based on individual specifications provided by the Buyer from the day the Seller confirms the order. During this period, the order is processed, the ordered Product is handed over to a courier, and delivered to the Buyer. The Seller is not responsible for extending the specified delivery period due to unforeseen circumstances beyond its control (e.g., delays by the courier, unpredictable weather conditions, strikes, etc.). When the order is ready for shipment, it will be sent to the postal address entered by the Buyer in their order. Products are sent via a licensed transportation service provider (“Carrier”).

Upon delivery, the Seller may provide free delivery of products and/or samples of products at its discretion.

Delivery is considered completed when the Carrier delivers the Products to the Buyer or to a third party designated by the Buyer. The Buyer is obliged to check the conformity and integrity of the delivered Products immediately upon receipt.

If the Buyer is not found at the address on two consecutive visits and the Carrier cannot contact them, or if the Buyer refuses to accept the package, it will be returned to the Seller. Within 14 days of receiving the returned package, the Seller will refund the paid amount to the Buyer using the same payment method and bank details used for the initial payment.

V. PRODUCT REVIEWS AND RATINGS

The Buyer has the right to publish reviews and ratings on the Website, expressing their opinion and feedback on the products and services offered by the Seller.

The Buyer may also post on social platforms such as Facebook, Instagram, TikTok, etc., and tag their results from using the Products. When the Buyer tags the Seller’s brand or Products in their social networks, the Seller has a legitimate interest in sharing the Buyer’s post on its social network profile and/or uploading it to the Website.

The Buyer may contact the Seller via email if they do not wish their data to be shared on the Seller’s social media profiles or Website.

VI. COMPLAINTS

Customers who qualify as consumers under the Consumer Protection Act and the Act on Providing Digital Content, Digital Services, and Sale of Goods may file a complaint under the legal warranty for product conformity as outlined in the Act on Providing Digital Content, Digital Services, and Sale of Goods.

If a defect is found upon delivery, the Buyer has the right to request the defect be rectified through a new delivery, request a discount on the purchase price, or, if the defect is significant, withdraw from the purchase contract. The Buyer also has these rights if a defect becomes apparent later (a so-called latent defect).

The Seller is responsible for defects in the goods that occur within 2 years from the date of delivery or before the expiration date indicated on the packaging.

The Buyer must notify the Seller of any defect in the Products within 14 days of discovering it, but no later than 2 years after the Products are delivered.

Products are considered defective if they do not have the usual or advertised properties, do not perform their intended purpose, do not comply with legal requirements, or are delivered in the incorrect quantity. Product images in the online store are for illustrative purposes only and do not constitute a binding description of the product’s properties (e.g., packaging may differ due to a change made by the manufacturer).

We will inform you of the status of your complaint, specifically its receipt, approval, or rejection, via email or text message. We may also contact you by phone.

If we approve a complaint regarding the Product(s), we will issue a document in two copies, one of which will be provided to you.

VII. RIGHT OF WITHDRAWAL FROM THE CONTRACT

Right of Withdrawal

The Buyer, acting as a consumer, has the right to withdraw from the contract without providing a reason, without incurring a penalty or compensation, and without paying any costs except for direct costs of returning the Products, within 14 days of receiving the order.

The Buyer may exercise their right of withdrawal by notifying the Seller of their decision to withdraw from the contract using any clear statement during the withdrawal period, including:

  1. by mail to the following address: “OGIVAS” Ltd., Zhilentsi village, postal code 2573, Mahala Cherkovna St. No. 4, Bulgaria.
  2. by email to info@ogivas.com, for which they will receive confirmation.

In the withdrawal notice, the Buyer must specify: order number and date, the date on which the Product was received, a description of the Product to be returned, a description of the reason for withdrawal (optional), the method by which the refund should be made, and bank details for the refund if different from the account used for payment.

The Buyer may also complete and submit a withdrawal form, which is not mandatory. The withdrawal form can be downloaded here and sent to the email address: info@ogivas.com or to the Seller’s address: “OGIVAS” Ltd., Zhilentsi village, postal code 2573, Mahala Cherkovna St. No. 4, Bulgaria. The Seller will confirm receipt of the withdrawal request by sending an email.

The withdrawal period is deemed to be met if the Buyer sends their withdrawal notice within the 14-day withdrawal period.

In the case of delivery of several Products, the Buyer has the right to terminate the sales contract only for part of the received goods, as well as for all other goods they have received.

Return of Products upon Withdrawal from the Contract

The Seller will refund the amount paid to the Buyer only for Products that are returned in their original packaging and intact condition, accompanied by all additional items sent with them and meeting the following requirements. Products must be returned:

  1. in their original packaging, intact, without mechanical or other damages to the packaging, such as crumpling, scratching, etc. (opening of the cellophane/foil part of the packaging necessary for accessing the Product is not considered damage to the packaging);
  2. in good commercial condition, without mechanical or other damages or changes to the Product, such as scratches, cracks, etc.;
  3. in full set, as purchased (including all parts, accessories, spare parts, and attachments, if the Product consists of several separate items);
  4. with the accompanying Product documentation (including instructions for use, warnings, and risks of use, etc., if applicable);
  5. along with proof of payment for the Product (receipt or other document confirming payment of the price).

In the event of a withdrawal, the Buyer must return the Products to the Seller without undue delay and no later than 14 days from the date on which the Buyer notified the Seller of their decision to withdraw from the sales contract. The deadline is considered met if the Buyer returns or sends the goods back to the Seller before the 14-day period expires. All costs for returning the goods, except for the transportation costs of the goods, are borne by the Seller.

The Buyer may send the Product to the address mentioned above in this section simultaneously with sending their withdrawal notice for the online order.

Refund for Canceled Products

The Seller agrees to refund the Buyer all paid amounts except for delivery costs (excluding any additional delivery costs arising because the Buyer chose a payment method different from the lower standard delivery rate offered by the Seller). The refund for the Product(s) will be made to the bank account provided by the Buyer without undue delay and, in any event, no later than 14 days after the Seller was informed of the Buyer’s decision to withdraw. The specified refund does not incur any costs for the Buyer. However, the refund may be delayed until the returned Products are received or until the Buyer provides proof of sending the Products, whichever occurs earlier.

The Seller will refund the received amounts using the same payment method used by the Buyer in the initial transaction unless the Buyer has expressly agreed to another payment method, provided this does not incur any costs for the Buyer. The Buyer is only responsible for reducing the value of the Products due to testing them in a manner different from what is necessary to determine their nature, characteristics, and proper functioning. Direct costs related to returning the Products (shipping costs, courier/postal fees, etc.) are borne by the Buyer and are not refundable by the Seller.

It is clarified that all Products that are unsealed after delivery or cannot be returned for hygiene or health reasons are not eligible for withdrawal (including, but not limited to, all cosmetic products if their stopper or cap has been removed).

For further information regarding the scope, content, or instructions related to exercising the Buyer’s right of withdrawal, the Buyer may contact a representative of the “Customer Service” department at the following email address: info@ogivas.com

VIII. PERSONAL DATA

Personal Data

Information regarding how the Seller processes personal data is available in the Privacy Policy.

Cookies

The Website uses “cookies.” Cookies are computer files stored on the Buyer’s hard drive. More information about cookies and management options can be found in the Cookie Policy.

IX. CORRESPONDENCE BETWEEN THE PARTIES

The Parties agree that the following contact methods will be used:

  • For the Seller:
    “OGIVAS” Ltd, UIC 207670699, with headquarters and management address: Zhilentsi village, postal code 2573, Mahala Cherkovna St. No. 4, Bulgaria.
    Phone: …………………..
    Email: info@ogivas.com
    Postal address: Zhilentsi village, postal code 2573, Mahala Cherkovna St. No. 4, Bulgaria.
    Contact form on the Website.
  • For the Buyer:
    Phone provided in the order/correspondence.
    Email address provided in the order/correspondence.
    Postal address provided in the order/correspondence as the delivery address.

X. OTHER TERMS

Force Majeure

The Parties are released from liability for complete or partial non-performance of the contract if this is due to “force majeure” (force majeure), and they notify the other Party within five (5) business days of its occurrence. The Parties agree to meet as soon as possible to mutually determine the conditions for executing the order during the force majeure event. If the interruption due to force majeure lasts for one (1) month or more and the Seller is unable to fulfill the order, the Seller will refund the Buyer according to the situation.

Partial Invalidity

If any provision of these GTC is deemed or found to be invalid under law, regulation, or final court ruling, all other provisions remain in full force and effect.

Complete GTC

These GTC and the summary of the order sent to the Buyer constitute a single agreement and reflect the entire agreement between the Parties. In the event of a discrepancy between any of these documents, these GTC take precedence.

Amendment of GTC

The applicable GTC are accessible at any time through the “General Terms and Conditions” designation on every page of the Website. The Seller may periodically update these GTC. Any such update is subject to special prior notice, which is displayed on the Website.

Applicable Law

These GTC and the entire agreement between the Buyer and the Seller are governed by the laws and regulations of Bulgaria.

Disputes arising between the Seller and the Buyer will be resolved by mutual agreement or, if this is not possible, the disputes will be resolved in accordance with Bulgarian law by the competent Bulgarian courts unless the Parties have agreed otherwise.

In accordance with Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Consumer ODR Regulation) and in connection with Article 47, paragraph 1, item 20 of the Consumer Protection Act, the following link is provided – an electronic link to the online dispute resolution platform (ODR):
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=BG