1.1. Capitalized terms used in these General Terms and Conditions of Sales shall deem to have the following meaning:
“Buyer” means any natural person purchasing a Product via the internet store of the Vendor located at https://www.ano-health.eu/ and/or any individual who places an Order through the Website.
“Order” means the purchase order and its amendments thereto for the supply of Products placed by the Buyer and/or any written agreement of the Parties for the supply of Products as the case may be.
“Parties” means the Vendor and the Buyer and “Party” shall be construed accordingly.
„Personal Data“ means the name, surname, address, email address, telephone number of the Buyer and will have the meaning as set out in the European Directives relating to the protection of Personal Data, such as the Directive 95/46/ EC, the Directive 2002/21/EC and the Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002.
“Product” means any product available for sale on the Website which shall be delivered by the Vendor to the Buyer pursuant to these Terms and Conditions.
“Sales contract” means the agreement between the Vendor and the Buyer for the supply of the Products in accordance with these Terms and Conditions.
“Terms and Conditions“ means the terms and conditions as set out in the present document as amended from time to time by the Vendor, together with all its annexes and all the documents referenced in the present document.
“Vendor” means Anohealth ET (LTD) a limited liability company, incorporated under the laws of Bulgarian Republic, registered under the number: 24288128 at Commercial Register in Sofia, with its Registered Office and Head Office at: Sofia, Nikola Voynovski 67.
“Website” means the website owned and operated by Anohealth LTD located at https://www.ano-health.eu.
2. General provisions
2.1. The present Terms and Conditions shall apply to all rights and obligations of the Parties arising under and/or in connection with the Sales Contract concluded between the Vendor and the Buyer and/or arising under and/or in connection with the use of the Website and/or arising under and/or in connection with the use of the internet store of the Vendor and/or arising under and/or in connection with the sales of the Products on the internet Website via the internet store of the Vendor. The internet store of the Vendor is operated and owned by the Vendor and located at the Website: https://www.ano-health.eu.
2.2. The Buyer declares to have been made aware of the present Terms and Conditions and accepts and undertakes to respect the present Terms and Conditions. Any placing of an Order and/or a confirmation of an Order and/or the purchase of a Product and/or the purchase of services via the Website implies the complete and formal acceptance of these Terms and Conditions by the Buyer and is subject to these Terms and Conditions.
2.3. The applicability of the present Terms and Conditions is expressly excluded if the Buyer and/or if the person intending to purchase a Product via the Website is a legal entity and/or acts in the course of a trade, business or profession.
2.4. Any derogating provisions or any provisions amending the terms of the present Terms and Conditions may be agreed by the Parties in writing in a form of Sales Contract otherwise shall be null and void. These derogating provisions shall prevail over the present Terms and Conditions.
2.5. The Vendor reserves the right to amend, modify and/or alter these Terms and Conditions at its sole discretion at any time without prior notice. The new provisions shall be effective as of the date of publication on the Website. The provisions of this article shall not be prejudice to the rights and obligations already existing under the terms of validity of the previous general terms and conditions.
3. Intellectual property
3.1. The Buyer acknowledges and accepts that the design and the graphic presentation of the Website, any databases and/or any elements published on the Website can be protected by the intellectual property rights law. The Buyer acknowledges and accepts that the right to use the Website is strictly limited to the viewing and/or the impression of the information available on the Website for his personal use. The Buyer shall not be entitled to any rights other than those expressly stated herein to the here-above mentioned elements.
4. Ordering goods
4.1. The Buyer acknowledges and accepts that the presentation of the Products on the Website serves for information purposes only. The Buyer shall not be subject to any obligations of purchase. Any photographs and/or illustration of the Products featured on the Website do not have a contractual value.
4.2. The Website contains information relating to the Products, the Prices and the shipping and packaging costs, in particular if the Product ordered cannot be, due to its nature, returned by common and generally accepted type of delivery.
4.3. The shipping and packaging costs are subject to the terms as provided on the Website.
4.4. In order to purchase a Product, the Buyer selects the Product available on the Website by clicking on “order” menu. The Buyer must place an Order on the Website by filling in the information relating to:
4.4.1. the Product ordered,
4.4.2. the means of payment,
4.4.3. the delivery terms and shipping costs.
4.5. Once the Order is filled in, the Buyer shall submit it to the Vendor. All the information provided by the Buyer is presumed to be complete and correct. Upon receiving the Order, the Vendor will transfer to the Buyer the confirmation of the Order using the email address provided by the Buyer in the Order and/or in the User Account. This Order confirmation is a mere acknowledgement that the Vendor received the Order, but it does not confirm the acceptance of the Buyer´s offer to buy the Product. The Vendor shall have the right to refuse the Order at any time until the moment when the Products corresponding to the Order have been dispatched. The contractual relationship between the Buyer and the Vendor shall be constituted only once the Vendor dispatches the Order.
4.6. Depending, in particular on the quantity of the Products, the Price or the shipping costs, the Vendor reserves the right to require additional confirmation of the Order by the Buyer in writing.
4.7. The purchase of the Products by the Buyer shall be subject to the restrictions associated with the nature of the product.
4.8. The Buyer acknowledges and accepts the risks inherent in the means of distant communication. Any fees associated with the use of the means of distant communication, such as internet connection, telephone fees, shall be borne exclusively by the Buyer and shall be calculated on the basis of standard fees. The Parties agree that any communication by electronic means by the Vendor is presumed to constitute a written communication as the legal dispositions may require.
5. Price and payment
5.1. The Price of the Product show on the Website are inclusive of VAT tax (Value-Added Tax) but exclusive of the shipping costs. The Parties may agree on the conditions derogating from this article.
5.2. The Buyer shall pay to the Vendor the Price of the Product ordered together with the shipping costs in the amount as agreed upon by the Parties subject to the conditions as described herein.
5.3. The Vendor accepts the following methods of payment of the Price and associated shipping costs:
5.3.2. by electronic means
22.214.171.124. by bank transfer to the account indicated by the Vendor in the agreement with the Buyer;
126.96.36.199. by PayPal;
188.8.131.52. by Skrill;
184.108.40.206. by credit or debit card processed by another entity (Paypal, Skrill)
5.4. The Vendor shall have the right to modify the Prices of the Product and shipping costs at any time and without prior notice. The Buyer shall be charged with the Price of the Product and associated shipping costs displayed in the agreement by the two Parties.
5.5. In case of payment by electronic means, the Price shall be paid within 3 (five) calendar days from the moment of the conclusion of the Sales contract which is the moment when the Order is confirmed by the Vendor to the Buyer. The buyer shall cover all associated with the transfer fees. The Vendor reserves his right to cancel the order if the agreed sum is not covered completely. In this case, the Vendor shall reimburse the transferred sum back to the Buyer.
5.6. If the Buyer chooses to pay the Price by electronic means, the Buyer shall indicate the variable symbol of payment as stated in the Order confirmation. The payment becomes effective and complete and the Order will be processed upon receiving by the Vendor of all the sums relating to the Product, such as the Price of the Product and the associated shipping costs.
5.7. The Vendor reserves the right to require the payment of the Price of the Product in advance.
5.8. According to the applicable laws and/or if it is common in the normal commercial practices, the Vendor will issue an invoice to the electronic address of the Buyer. The invoice will only be issued upon the integral payment of the Price of the Product. The Vendor is responsible for payment of the VAT tax (Value-Added Tax).
6. Withdrawal from the contract
6.1. The Buyer acknowledges that it is not possible, inter alia, to withdraw from the Purchase Contract regarding the supply of goods modified according to the desire of the Buyer, from the Purchase Contract in the case of the delivery of goods subject to rapid perishing due to their nature, which after delivery has been irreversibly mixed with other goods, from the Purchase Contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and for hygienic reasons cannot be returned.
6.2. The Buyer agrees that the quality and efficacy of the Product can not be a valid reason for return or partial or complete compensation. The Vendor reserves the right to offset the compensation claim relating to the prejudice caused by the Buyer on the Product against the claim for reimbursement of the Price of the Product affected by the right of withdrawal.
6.3. The Buyer has the right to withdraw from the contract and ask for compensation if the Vendor has not provided an evidence of having sent the Product to the Buyer. If the payment of the Price of the Product was made by electronic means, the Vendor shall reimburse the Buyer without delay to the bank account of the Buyer. In case the payment was made by other means, the Vendor shall reimburse the Buyer, at the choice of the Vendor, in the same way as chosen for the initial transaction or to the bank account of the Buyer.
7. Transportation and delivery
7.1. If the Buyer expressly chooses a certain type of delivery, although the Vendor had offered a common and generally acceptable type of delivery which would have incurred lower shipping costs, the Buyer shall bear the difference in the costs between these two types of delivery and the risk of loss of the Product shall be passed on to the Buyer.
7.2. If according to the Sales Contract, the place of delivery is chosen by the Buyer in the Order, the Buyer shall be bound to take over the Product upon delivery. If the Buyer fails to take over the Product, the Buyer shall not have the right to request any reimbursement by the Seller. Vendor shall have the right to deem the Contract fulfilled by his part. The Vendor also reserves the right to add the Buyer to the list of unreliable buyers (hereafter referred to as „blacklist“) which implies the obligation of the Buyers to pay the Price of the Product in advance by electronic means to the bank account of the Vendor.
7.3. If due to the exclusive fault of the Buyer, the Vendor needs to proceed to a repetitive delivery or different type of delivery than the one indicated in the Order, the Buyer shall bear the costs associated with such type of delivery.
7.4. The delivery of the Product may be subject to additional conditions if issued by the Vendor. Any other information relating to delivery of the Product is available on the Website
7.5. In case of delivery outside the European Union, the recipient will be liable for any local sales tax or import duties charged by the delivery courier. Rates and taxes are set by the target country. The Vendor can not be held responsible if the local customs authorities delay the process or want to seize any items or collect any import duties. The beneficiary is responsible for paying the tax.
8.1. The Buyer acknowledges that the Products displayed on the Website may not correspondent exactly to the real Products in terms of image, dimension or color.
8.2. The Vendor warrants to the Buyer that the Product shall:
8.2.1. comply with the description agreed by the Parties and if the Parties haven’t agreed on any description, the Product shall comply with the description given by the Vendor or by the Buyer or the description the Buyer reasonably could have expected for given the nature of the Product and the advertisement of the Product by the Vendor;
8.2.2. is fit for any particular purpose for which the Product of the same type is normally used or for the purpose indicated by the Vendor;
8.2.3. have the agreed quantity, the quality and the weight indicated by the Vendor;
8.3. Upon delivery, the Buyer is solely responsible for verifying the packaging and shall report any defects on the delivery note to the carrier of the Products and the Vendor. In the event that the packaging is broken and/or the Product is damaged and/or the Product is defective, the Buyer has the right to refuse such defective Product. It is expressly agreed by the Parties that any later warranty claims shall not be taken into consideration by the Vendor.
8.4. If the Vendor accepts the existence of the defect, the Vendor shall have the right, at its choice, either reimburse the Price of the Product or replace the defective Product. The Parties agree that no reimbursement will be made by the Vendor if the Product had been used or damaged by the Buyer. The proof of existence of the latent defect shall be brought by the Buyer except for the case as expressly stated herein.
8.5. The notification relating to the warranties shall be send by the Buyer to the relevant establishment of the Vendor provided the nature of the Product or the headquarters of the Vendor.
8.6. The Vendor disclaims all the responsibility for the defects apparent at the time of the taking over of the Product by the Buyer.
8.7. The warranty of the Vendor shall be excluded in cases of external damages of the Product or in cases of wrong use of the Product by the Buyer or in cases of non-conform use of the Product by the Buyer or in cases of a negligence of the Buyer or in cases of a wrong maintenance of the Product by the Buyer or in the event that the Product harms the Buyer.
9. Force majeur
9.1. In the event of strikes, difficulties or other events due to general or extraordinary conditions, which would influence the delivery of the Products, the Vendor shall be authorized to postpone or cancel the Orders. The Vendor shall not be liable for any events arising out of an event beyond its reasonable control.
10. Other rights and obligations of the parties
10.1. The title to the Products shall be transferred to the Buyer upon the payment by the Buyer of the Price of the Product and associated shipping costs.
10.2. The authority competent for any out-of-court alternative dispute resolution relating to the consumer disputes and the monitoring of the compliance with the Consumer Code number 634/1992 relating to the consumer rights, as amended, is the Bulgarian Consumer Protection commission with its headquarters at: Sofia, 1000, pl. Slaveykov N4A, floor 3,4,6, internet address: http://www.kzp.bg
10.3. The Vendor declares having obtained the company business license. The Trade Licensing Office will monitor the respect of the company business license. The Bulgarian Data Protection authority will monitor the respect of the personal data.
11. Data protection
11.1. The Buyer´s rights and obligations are provided for in the European Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals regarding the processing of personal data and on the free movement of such data and any national laws implementing these Directives. The Buyer gives his consent for collecting and/or processing and/or recording of his Personal Data by the Vendor, such as: name, surname, address, identification number, tax identification number, email address, telephone number and date of birth.
11.2. The Personal Data of the Buyer shall be collected and/or processed and/or recorded for the purposes of implementation of the rights and obligations arising out or in connection with these Terms and Conditions and/or the Sales Contract. If the Buyer does not object to the processing of its Personal Data by the Vendor, the Vendor shall have the right to collect and/or process and/or record the Personal Data for the purposes of addressing to the Buyer commercial communication and other information relating to the Products, the Site or the establishment of the Vendor. By using the Website, the Buyer gives his explicit consent to the processing of his Personal Data. The consent of the Buyer pursuant to this article relating to the marketing purposes is free and optional and does not prejudice the conclusion of the Sales Contract between the Parties.
11.3. The Vendor shall also have the right to collect and/or process and/or record the Personal Data of the Buyer for security purposes, to respect legal and regulatory requirements and so that the Personal Data of the Buyer may be communicated to the judicial authorities on demand.
11.4. The Buyer shall have the right to:
11.4.1. access its Personal Data;
11.4.2. object to the processing of its Personal Data;
11.4.3. obtain information relating to its Personal Data;
11.4.4. modify or delete its Personal Data.
11.5. To this effect, the Buyer can exercise his rights, indicated in these Terms and Conditions by contacting the Vendor by electronic means on the address:firstname.lastname@example.org
11.6. The Buyer undertakes to ensure that the Personal Data he has provided to the Vendor are accurate, complete and up-to-date, in particular at the time of registration, in its User Account or in the Order. The Buyer shall notify any change to its Personal Data without delay to the Vendor. The Parties agree and accept that the Vendor shall not be held responsible for failure to deliver the Order if the Buyer provides inaccurate and/or incomplete Personal Data to the Vendor.
11.7. The Vendor shall have the right to request a third party, the controller, to process the Personal Data of the Buyer.
11.8. The carriers of the Product shall have the right to access the Personal Data as necessary for the exercise of their duties as carriers. The Personal Data shall be considered as confidential information and may not be disclosed by the Parties to any third parties except as expressly stated herein.
11.9. The Personal Data will be processed by the Vendor for the period of time necessary to carry out the rights and obligations arising or in connection of these Terms and Conditions and/or the Sales Contract.
11.10. The Personal Data shall be processed by the Vendor manually or with the aid of electronic means, by automatic or non-automatic means.
11.11. In the event of breach of the provisions relating to the Personal Data, in particular in case of unauthorized access to Personal Data, destruction or deliberate tampering with the Personal Data, processing of the Personal Data in violation of private life of the Buyer or in the event of breach of the statutory requirements or if the processing of Personal Data exceeds the purpose as indicated in these Terms and Conditions, the Buyer may:
11.11.1. request clarification from the Vendor or the collector with regards to the processing of its Personal Data;
11.11.2. demand the rectification of the situation.
11.12. The Vendor shall provide the information to the Buyer concerning his Personal Data. To this effect, the Vendor may request a remuneration not exceeding the cost necessary to provide such information.
12. Vendor´s information and cookies
12.1. The Buyer acknowledges and accepts that all communication from the Vendor relating to or arising out of the use of the Website will be send to his email address as indicated at the time of registration. The Buyer accepts to receive all the notification and/or information including business communication and/or certification and/or statement in any case from the Vendor relating to the Products, the services or the Vendor to the email address of the Buyer as indicated at the time of registration.
12.2. The Buyer accepts the installation and the storage of cookies on his computer. The cookies are small text files which are issued by the Vendor to ease internet browsing on the Website and to customize the presentation of the Website. In the event that the Buyer declines the installation and the storage of cookies on his computer, the navigation on the Website and/or any and all services proposed on the Website and/or interactive features of the Website may be limited or not available.
13.1. In no event shall the Vendor´s total liability for damages hereunder for any reason and upon any cause of action exceed the total amount of the Order.
14.1. All notification and information addressed to the Buyer will be sent to the electronic address of the Buyer. The Buyer undertakes to notify the Vendor without delay of any change to his electronic address.
15. Applicable law
15.1. These Terms and Conditions and any rights and obligations arising out or relating in any way to the subject matter of these Terms and Conditions shall be governed, construed, enforced and interpreted in accordance with the Bulgarian law. Any dispute, suite or proceeding relating to or arising out of these Terms and Conditions shall be brought before the exclusive jurisdiction of the competent tribunals in Sofia, in Bulgaria.
16. Entire agreement
16.1. The terms and Conditions and any document that is expressly referred to in these Terms and Conditions constitute the entire agreement between the Buyer and the Vendor in the relation to the subject matter of these Terms and Conditions and supersede any prior agreement between the Parties except as expressly stated herein.
17.1. If any provisions of these Terms and Conditions is made invalid and/or unenforceable and/or made by the court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or the enforceability of the other part of the provision or any other provisions of these Terms and Conditions and/or the Sales Contract. The unaffected provisions shall thus remain in full force and effect.
These Terms and Conditions are valid as of 06 April 2019