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General terms and conditions

Art. 1.  These general terms and conditions are intended to regulate the relations between  FLK ART EOOD , UIC BG206892533, with registered office and management address: Sofia 1700, 22 Chavdar Mutafov Street, hereinafter referred to as  the SUPPLIER , and the customers, hereinafter referred to as  USERS , of the Flicka e-commerce platform, hereinafter referred to as  “www.flicka.bg” .

II. SUPPLIER DATA
Art. 2.  Information according to the Electronic Commerce Act and the Consumer Protection Act:
• Name of the Provider: FLK ART EOOD
• Registered office and address of management: Sofia 1700, 22 Chavdar Mutafov Street
• Address for exercising the activity and address for submitting complaints by consumers: Sofia 1700, 22 Chavdar Mutafov Street
• Correspondence details: hello@flicka.bg , telephone +359 877 76 7099
• Entry in public registers: UIC BG 206892533 

(1) Personal Data Protection Commission
Address: Sofia, 2 Prof. Tsvetan Lazarov St.,
tel.: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg , kzld@cpdp.bg
Website: www.cpdp.bg

(2) Consumer Protection Commission
Address: 1000 Sofia, 4A Slaveykov Sq., 3rd, 4th and 6th floors,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website:  www.kzp.bg
Registration under the Value Added Tax Act  BG206892533

III. CHARACTERISTICS OF THE PLATFORM
Art. 3.  Flicka  is an e-commerce platform, available at the Internet address www.flicka.bg, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier on the platform, including the following:

  1. To register and create a profile to browse the Provider's e-store and use the additional services for providing information;
  2. To review the goods, their characteristics, prices and delivery terms;
  3. To conclude contracts with the Supplier for the purchase, sale and delivery of the goods offered on the platform www.flicka.bg;
  4. To make any payments in connection with the concluded contracts through the platform www.flicka.bg electronic means of payment.
  5. To receive information about new goods offered by the Supplier on the platform www.flicka.bg;
  6. To make electronic statements in connection with the conclusion or performance of contracts with the Provider on the www.flicka.bg platform through the interface of the www.flicka.bg page, accessible on the Internet;
  7. To be notified of the rights arising from the law, primarily through the interface of the platform www.flicka.bg on the Internet;
  8. To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

Art. 4.  The Supplier on the platform www.flicka.bg organizes the delivery of the goods and guarantees the rights of the Users, provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
Art. 5. (1)  The Users conclude with the Supplier on the platform www.flicka.bg a contract for the purchase and sale of the goods, at the address www.flicka.bg. The contract is concluded in Bulgarian and is stored in the database of the Supplier on the platform.
(2)  By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier on the platform www.flicka.bg undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the interface on the platform. 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 www.flicka.bg platform
(3)  Users pay the Supplier on the www.flicka.bg platform remuneration for the delivered goods in accordance with the conditions set out in the www.flicka.bg platform and these general terms and conditions. The remuneration is in the amount of the price announced on the www.flicka.bg platform
Art. 6. (1)  The User and the Supplier on the www.flicka.bg platform agree that all statements between them in connection with the conclusion and performance of the purchase and sale contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2)  It is assumed that the electronic statements made by the Users of the site were made by the persons indicated in the data provided by the User upon registration, if the User has entered the relevant username and password for access.

REGISTRATION FOR USE OF www.flicka.bg

Art. 7. (1)  In order to use www.flicka.bg to conclude contracts for the purchase and sale of goods, the User must enter a name and password for remote access chosen by him or authenticate himself through his Facebook or Google account, which is deemed to have accepted these general terms and conditions.
(2)  The name and password for remote access are determined by the User by completing an online registration on the Provider's website on the www.flicka.bg platform, in accordance with the procedure specified therein. Users have the opportunity to place orders for delivery of goods and a profile from the social networks Facebook and Google.
(3)  By filling in their data in the user basket 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 unconditionally comply with them.
(4)  The Provider confirms the order placed by the User by e-mail. An account is created for the User and contractual relations arise between him and the Provider.
(5)  When registering or ordering, the User undertakes to provide correct and up-to-date data. The User undertakes to promptly update the data specified in his registration or order in the event of any change.

TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALES AGREEMENT

Art. 8. (1)  Users primarily use the interface of the Supplier's page on the www.flicka.bg platform to conclude purchase and sale contracts for the goods offered by the suppliers on the www.flicka.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. The User is deemed to have accepted these general terms and conditions upon acceptance of the delivery of the goods.
Art. 9.  Users conclude the purchase and sale contract for the goods on the www.flicka.bg platform according to the following procedure:
(1)  Logging into the ordering system on the www.flicka.bg platform
(2)  Selecting one or more of the goods offered by the Supplier on the www.flicka.bg platform and adding them to a list of goods for purchase.
(3)  Providing the necessary data for the individualization of the User as a party to the contract.
(4)  Providing data for the delivery;
(5)  Choice of method and time for payment of the price;
(6)  Confirmation of the order;

CONTRACT CONTENT

Art. 10. (1)  The Supplier and the Users shall conclude separate purchase and sale contracts for the goods ordered by the Users, regardless of whether they were selected with one electronic statement and from one list of goods for purchase.
(2)  The Supplier may organize together and simultaneously the delivery of the goods ordered with the separate purchase and sale contracts.
(3)  The rights of the Users in relation to the delivered goods shall be exercised separately for each purchase and sale contract. The exercise of rights in relation to a delivered good does not affect and has no effect in relation to the purchase and sale contracts of other goods. In case the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right to withdraw from the purchase and sale contract of a certain good shall not affect the purchase and sale contracts of other goods delivered to the consumer.
Art. 11.  When exercising the rights under the purchase and sale contract, the User is obliged to specify precisely and unambiguously the contract and the goods in respect of which he exercises the rights.
Art. 12.  The User may 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 HAVE THE CAPACITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION LAW

Art. 13.  The rules 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 contract or upon registration at www.flicka.bg, it can be concluded that they are Users within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EC 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 www.flicka.bg platform are defined in the profile of each good on the www.flicka.bg platform
(2)  The price of the goods, including all taxes and fees, is determined by the Supplier on the www.flicka.bg platform in the profile of each good on the www.flicka.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 www.flicka.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 performance of the contract are defined in these general terms and conditions and the information provided to the User through the mechanisms on the www.flicka.bg platform
(5)  The information provided to the Users under this article is current at the time of its visualization on the www.flicka.bg platform before concluding the purchase and sale contract.
(6)  Users agree that all information required by the Consumer Protection Act may be provided through the platform interface www.flicka.bg or e-mail.

Art. 15. (1)  The User agrees that the suppliers on the platform www.flicka.bg have the right to accept advance payment for the contracts concluded with the User for the purchase and sale of goods and their delivery.
(2)  The User independently chooses whether to pay the Supplier on the platform www.flicka.bg the price for the delivery of the goods before or at the time of their delivery.
(3)  In the event that the value of the User's order is equal to or exceeds 15,000 BGN, 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 giving a reason, to withdraw from the concluded contract within 14 days, counting from the date of acceptance of the goods by the Supplier, through the unified form for withdrawal from the contract, available on the Supplier's website on the platform www.flicka.bg at the address  Exercise your rights!  and in  Appendix No. 1 to these general terms and conditions . Information on exercising the right of withdrawal is available at  Exercise your rights!  and in  Appendix No. 2 to these general terms and conditions .
(2)  The right of withdrawal under para. 1 does not apply in the following cases:

  1. for the delivery of goods made to order by the consumer or according to his individual requirements;
  2. for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
  3. for the delivery of sealed goods that are unsealed after delivery and cannot be returned for reasons related to hygiene or health protection;
  4. for the delivery of goods which, after being delivered, due to their nature, have become mixed with other goods from which they cannot be separated;
  5. for the delivery of sealed audio or video recordings or sealed computer software that is unsealed after delivery, including activation codes for software licenses, software features or virtual currency.
  6. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications;

(3)  When the provider on the platform www.flicka.bg has not fulfilled its obligations to provide information, as set out in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of one year and 14 days, counting from the date of receipt of the goods. When the information is provided to the user within the withdrawal period, the same starts to run from the date of its provision. The user has the right to send the statement of withdrawal under this article directly to the Provider through the unified form for withdrawal from the contract, available on the Provider's website on the platform www.flicka.bg at the address Appendix No. 1 to these general terms and conditions.
(4)  When the User has exercised his right to withdraw from the distance contract or from the off-premises contract, the Provider shall refund all amounts received from the user, including delivery costs, without undue delay and no later than 14 days, counting from the date on which he was notified of the user's decision to withdraw from the contract. The Supplier shall refund the amounts received using the same means of payment used by the consumer in the initial transaction, unless the consumer has expressly agreed to use another means of payment and provided that this does not involve any costs for the consumer.
(5)  When exercising the right of withdrawal, the costs of returning the delivered goods shall be deducted from the amounts to be refunded under para. 4, except in cases where the consumer organizes the return of the goods himself and at his own expense. The Supplier shall not be obliged to refund the additional costs of delivering the goods when the consumer has expressly chosen a method of delivering the goods other than the cheapest type of standard delivery offered by the Supplier.
(6)  The Consumer shall be obliged 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 User may exercise his right to withdraw from the contract with the Supplier by sending a written statement to the Supplier using the standard withdrawal form available at {turms_url} on the platform www.flicka.bg and in Appendix No. 1 to these general terms and conditions.
(8)  Where the Supplier on the platform www.flicka.bg has not offered to collect the goods himself, he may withhold payment of the amounts to the User until he receives the goods or until the User provides proof that he has sent the goods back, whichever is the earlier.
(9) Notwithstanding the above hypotheses, the Consumer undertakes to return the goods in a commercial form that allows for their subsequent sale, unless the unpacking of the goods leads to an obvious violation of the commercial form of the goods, such as but not limited to a breakable box, hermetic packaging and other similar cases. In the event of a violation of the commercial form of the goods, the Supplier has the right, at its discretion, to refuse to accept withdrawal from the contract or to charge the Consumer the costs of returning the goods in commercial form.
(10)  In the event of exercising the right of withdrawal under this article, it is considered that the Consumer has also exercised the right of withdrawal with respect to the bonus content belonging to the goods.
Art. 17. (1)  The delivery time of the goods is determined for each good separately upon conclusion of the contract with the consumer through the Supplier's website on the platform www.flicka.bg
(2)  In case the Consumer and the Supplier on the platform www.flicka.bg have not determined a delivery time, the delivery time of the goods is 30 calendar days, counting from the date following the sending of the consumer's order to the Supplier through the Supplier's website on the platform www.flicka.bg
(3)  If the Supplier on the platform www.flicka.bg cannot fulfill the contract due to not having the ordered goods, it is obliged to notify the Consumer thereof and to refund the amounts paid by him.
Art. 18.  The Supplier on the platform www.flicka.bg undertakes to comply with all requirements established in the Bulgarian legislation regarding the labeling, advertising and sale of food supplements.

VIII. PERFORMANCE OF THE CONTRACT

Art. 19. (1)  The Supplier on the www.flicka.bg platform may organize the delivery and handover of the goods to the User by a relevant courier within the period specified when concluding the contract.
(2)  If the period under para. 1 is not expressly agreed upon between the parties when concluding the contract, the Supplier shall organize the delivery and handover within a reasonable period.
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 www.flicka.bg platform
(2)  If the User does not notify the Supplier on the www.flicka.bg platform in accordance with para. 1, the goods shall be deemed to be approved as meeting the requirements, except for hidden defects.
Art. 21.  The Supplier on the www.flicka.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 set out in the Commerce Act and the Consumer Protection Act shall apply.

PROTECTION OF PERSONAL DATA

Art. 23. (1)  The collection, storage and processing of personal data is carried out in accordance with the FLK ART EOOD Privacy Policy, which you can access here  Privacy Policy.
(2)  The personal data entered by the Users are subject to protection under the Personal Data Protection Act and the General Regulation 2016/679, as the Provider processes them for the purposes and within the time limits provided for in the Personal Data Privacy Policy.
(3)  If the User agrees with the Personal Data Privacy Policy, the User expressly confirms that he agrees that the Provider stores information or gains access to the information stored in the User's terminal device for the purposes and time limits comprehensively provided for therein. The User agrees that the Provider may store information or gain access to the information stored in the User's terminal device and on other grounds specified in the Personal Data Privacy Policy.
(4)  The User or the User agrees that the Provider of the platform www.flicka.bg has the right to send electronic messages to the User or the User at any time, including a newsletter or offers to purchase goods, as long as the User or the User is registered in the Provider's e-shop on the platform www.flicka.bg
(5)  The User or the User agrees that the Provider of the platform www.flicka.bg has the right to collect, store and process data on the behavior of the User or the User when using the Provider's e-shop on the platform www.flicka.bg The User has the right to object to the storage or access to the information under paragraph 3 in the manner provided for in the Personal Data Privacy Policy.
Art. 24. (1)  At any time, the Provider on the www.flicka.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 name and password, the Provider on the www.flicka.bg platform has the right to apply the announced “Procedure for lost or forgotten names and passwords”, available at: www.flicka.bg

AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 25. (1)  These general terms and conditions may be amended by the Provider of the www.flicka.bg platform, of which the latter will notify all registered Users in an appropriate manner.
(2)  The Provider of the www.flicka.bg platform and the User agree that any additions and amendments to these general terms and conditions will be effective against the User in one of the following cases:
A)  after explicit notification by the Provider of the www.flicka.bg platform and if the User does not declare within the 14-day period provided to him that he rejects them; or
B)  after their publication on the Provider's website of the www.flicka.bg platform and if the User does not declare within 14 days of their publication that he rejects them;
C)  with its explicit acceptance by the User through his profile on the Provider's website on the platform www.flicka.bg
(3)  The User agrees that all statements of the Provider on the platform www.flicka.bg, in connection with the amendment of these general terms and conditions, will be sent to the e-mail address specified by the User upon registration. The User agrees that the e-mails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.
Art. 26.  The Provider publishes these general terms and conditions at {terms_rul} together with all additions and amendments to them.

TERMINATION

Art. 27.  These general terms and conditions and the User's contract with the Provider on the platform www.flicka.bg 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 consent of the parties in writing;
  • in the event of objective impossibility of one of the parties to the contract to fulfill its obligations;
  • upon seizure or sealing of equipment by government authorities;
  • in the event of deletion of the User's registration on the platform www.flicka.bg. In this case, the concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;

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

XII. RESPONSIBILITY

Art. 29.  The User undertakes to indemnify and hold harmless the providers on the platform www.flicka.bg and the Provider from legal claims and other claims of third parties (regardless of whether they are justified or not), for all damages and expenses (including attorneys' fees and legal costs) arising from or in connection with (1) failure to fulfill any of the obligations under this contract, (2) violation of copyright, production, broadcasting rights or other rights to intellectual or industrial property, (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 presence or absence of the status of a consumer within the meaning of the Consumer Protection Act.
Art. 30.  The Provider is not liable in the event of force majeure, random events, problems on the Internet, technical or other objective reasons, including orders of the competent state authorities.
Art. 31. (1)  The Provider is not liable for damages caused by the User to third parties.
(2)  The Provider is not liable for material or non-material damages, expressed in lost profits or damages suffered by the User in the process of using or not using www.flicka.bg and concluding purchase and sale contracts with the Provider.
(3)  The Provider is not liable for the time during which the platform was not accessible due to force majeure.
(4)  The Provider is not liable for damages from comments, opinions and publications under the products, news and articles on the platform www.flicka.bg
Art. 32. (1)  The Provider is not liable in the event of overcoming the security measures of the technical equipment and this results in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
(2)  The Provider is not liable in the event of concluding a purchase and sale contract, providing access to information, loss or change of data resulting from false identification of a third party who presents himself as the User, if it can be judged from the circumstances that this person is the User.

XIII. OTHER CONDITIONS

Art. 33. (1)  The User and the Provider on the www.flicka.bg platform undertake to protect each other's rights and legitimate interests, as well as to keep their trade secrets that have become their property in the process of performing the contract and these general terms and conditions.
(2)  The User and the Provider undertake during and after the expiration of the contract period not to make public any written or oral correspondence conducted between them. The publication of correspondence in printed and electronic media, Internet forums, personal or public websites, etc. may be considered public.
Art. 34.  In the event of a conflict between these general terms and conditions and agreements in a special contract between the Provider on the www.flicka.bg platform and the User, the clauses of the special contract shall prevail.
Art. 35.  The possible 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 issues not settled in this contract, related to the implementation and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.
Art. 37.  These general terms and conditions shall enter into force for all Users of www.flicka.bg.

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

Standard form for exercising the right of withdrawal from the contract:
(fill in and send this form only if you wish to withdraw from the contract)
– To (FLK ART EOOD, Sofia 1700, 22 Chavdar Mutafov St., hello@flicka.bg ):– I hereby notify/we notify* that I/we withdraw/withdraw* from the contract concluded by me/us* for the purchase of the following goods*/for the provision of the following service*– Ordered on*/received on*– Name of the user/s– Address of the user/s– Signature of the user/s (only if this form is on paper)– Date–––––––––––––––––––––* Delete as appropriate.

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

Information regarding exercising the right to withdraw from the contract

Standard cancellation instructions:

  1. Right to withdraw from the contract at a distance or off-premises.
  2. You have the right to withdraw from this contract, without giving any reason, within 14 days.
  3. The withdrawal period is 14 days 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 inform us at the contact details provided on www.flicka.bg of your decision to withdraw from the contract by 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 mandatory. You may also fill in and submit electronically the standard withdrawal form or another unambiguous withdrawal statement on our website www.flicka.bg If you use this option, we will immediately send you a message on a durable medium (e.g. by e-mail) confirming receipt of the withdrawal.
  6. To meet the withdrawal period, it is sufficient to send your communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
  1. Effect of refusal.
  2. If you withdraw from this contract, we will reimburse to you all payments we have received from you, including delivery costs (with the exception of additional costs related to the type of delivery you have chosen other than the least expensive standard type of delivery offered by us), without undue delay and in any event not later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We will make the reimbursement to the bank account specified by you; in any case, this reimbursement will not involve any costs for you.
  3. We have the right to postpone the refund of payments until we receive the goods back or until you provide us with evidence that you have sent the goods back, whichever of the two events occurs earlier.
  4. You must bear the direct costs of returning the goods. The costs are expected to be no more than the approximate cost of delivery or standard courier service.
  5. You are solely responsible for any diminution in value of the goods resulting from testing them, other than what is necessary to establish their nature, characteristics and proper functioning.

For additional user information, see www.flicka.bg

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