GENERAL TERMS AND CONDITIONS OF THE ELECTRONIC STORE

Tierra Verde Bulgaria (tierraverde.bg and eshop.tierraverde.bg)

I. SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relations between "Tiera Verde Bulgaria" OOD, Sofia, 31 Gen. Totleben Blvd., Mag. 4, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as USERS, of the e-shop www.tierraverde.bg and www.eshop.tierraverde.bg, hereinafter referred to as "ELECTRONIC STORE".

II. PROVIDER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: "Tiera Verde Bulgaria" OOD
2. Headquarters and address of management: Sofia, 31 Gen. Totleben Blvd., Mag. 4
3. Address for exercising the activity: Sofia, 31 Gen. Totleben Blvd., Mag. 4
4. Correspondence details: Sofia, 31 Gen. Totleben Blvd., Mag. 4
5. Entry in public registers: UIC 205066892
6. Personal data administrator certificate number No.
7. Supervisory authorities:
(1) Personal Data Protection Commission
Address: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.,
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, "Slaveykov" Square No. 4A, floors 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
8. Registration under the Value Added Tax Act No. BG205066892

III. CHARACTERISTICS OF AN ELECTRONIC STORE
Art. 3. The electronic store is accessible at the Internet address www.tierraverde.bg and www.eshop.tierraverde.bg , through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the ELECTRONIC STORE, including the following:
1. To register and create a profile to browse the ELECTRONIC STORE and use the additional services for providing information;
2. To make electronic statements in connection with the conclusion or performance of contracts with the ELECTRONIC STORE through the interface of the ELECTRONIC STORE page, accessible on the Internet;
3. To conclude contracts for the purchase and sale and delivery of the goods offered by the ELECTRONIC STORE;
4. To make any payments in connection with the contracts concluded with the ELECTRONIC STORE, according to the payment methods supported by the ELECTRONIC STORE.
5. To receive information about new goods offered by the ELECTRONIC STORE;
6. Review the goods, their characteristics, prices and delivery terms;
7. To be notified of the rights arising from the law primarily through the interface of the ELECTRONIC STORE page on the Internet;
8. To exercise the right to withdraw from the contract concluded at a distance for the goods offered by the Supplier, for which the right of withdrawal from the contract is applicable;

Art. 4. The Supplier delivers the goods and guarantees the rights of the Users, as provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.

Art. 5. (1) Users conclude a contract for the purchase and sale of goods offered by the ELECTRONIC STORE through the Provider's interface, accessible on its website or other means of distance communication.
(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier undertakes to deliver and transfer ownership to the User of the goods specified by him through the interface.
(3) Users pay the Supplier a fee for the delivered goods in accordance with the terms and conditions set out in the ELECTRONIC SHOP and these general terms and conditions. The fee is in the amount of the price announced by the Supplier at the ELECTRONIC SHOP address on the Internet.
(4) The Supplier delivers the goods requested by the Users within the terms and under the conditions set by the Supplier on the e-shop page and in accordance with these general terms and conditions.

(5) The price for delivery is determined separately and explicitly from the price of the goods.

Art. 6. (1) The User and the Supplier 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.

IV. USE OF AN ELECTRONIC STORE
Art. 7. (1) In order to use an ELECTRONIC STORE to conclude contracts for the purchase and sale of goods, the User must enter a name and password chosen by him for remote access, in cases where the electronic store requires registration.
(2) The name and password for remote access are determined by the User through electronic registration on the Provider's website.
(3) By filling in his/her data and pressing the "Yes, I accept" or "Registration" buttons, the User declares that he/she is familiar with these general terms and conditions, agrees with their content and undertakes to unconditionally comply with them.
(4) The Provider confirms the registration made by the User by sending an email to the email address specified by the User, to which information for activating the registration is also sent. The User confirms the registration and the conclusion of the contract by means of an electronic reference in the email notifying him of the completed registration sent by the Provider. After confirmation, an account of the User is created and contractual relations arise between him and the Provider.
(5) When registering, the User undertakes to provide correct and up-to-date data. The User shall promptly update the data specified in his registration in case of any change.
(6) In order to use the full functionality of the Provider's e-shop, the User undertakes to register on the e-shop website. The Provider is not liable if, due to lack of registration, the User was unable to use the full functionality of the e-shop, including with regard to exercising rights under the contract, the possibility of claiming a lower price and other similar functions.
(7) These general terms and conditions may be accepted by the Users without registering in the ELECTRONIC STORE by an explicit declaration of will, including through the ELECTRONIC STORE website.

Art. 8. (1) The email address provided upon initial registration of the User, as well as any subsequent email address used for the exchange of statements between the User and the Provider, is the “Primary Email Address” within the meaning of these general terms and conditions. The User has the right to change his/her Primary Contact Email Address.
(2) Upon receipt of a request to change the Primary Contact Email Address, the Provider shall send a request for confirmation of the change. The confirmation request shall be sent by the Provider to the new Primary Contact Email Address specified by the User.
(3) The change of the Primary Contact Email Address shall be made after confirmation by the User, expressed through a reference contained in the confirmation request sent by the Provider to the new Primary Contact Email Address specified by the User.
(4) The Provider shall inform the User of the change made by e-mail sent to the Primary Contact Email Address specified by the User before making the change under para. 2.
(5) The Provider is not liable to the User for any unlawful change of the Primary Contact Email Address.
(6) The Provider may require the User to use the Primary Contact Email Address in specific cases.

V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALES AGREEMENT
Art. 9. (1) Users primarily use the interface of the Supplier's website to conclude purchase and sale contracts for the goods offered by the Supplier in the ELECTRONIC STORE.

(2) The contract shall be concluded in Bulgarian.
(3) The contract between the Provider and the User constitutes these general terms and conditions, available on the ELECTRONIC STORE website.
(4) The party to the contract with the Provider is the User according to the data provided during registration and contained in the User's personal profile. For the avoidance of doubt, these are the data with which an account was created with the Provider.
(5) The provider shall include in the interface of its website technical means for identifying and correcting errors in the entry of information before the statement for the conclusion of the contract is made.
(6) This contract is considered concluded from the moment of registration of the User with the Provider or acceptance of the general terms and conditions in another explicit manner, including through a statement on the Provider's website. The contract for the purchase and sale of goods is considered concluded from the moment of its request by the User through the Provider's interface.
(7) The Supplier shall expressly notify the User in an appropriate manner via electronic means of the conclusion of this contract and the conclusion of the contract for the purchase and sale of goods.

(8) The statement for the conclusion of the contract and the confirmation of its receipt shall be deemed to have been received when their addressees have the opportunity to access them.
(9) The Supplier delivers the goods to the address specified by the Users and is not liable in the event that the data specified by the Users is incorrect or misleading.

Art. 10. (1) The Users shall conclude the purchase and sale contract with the Provider according to the following procedure:
Registering in the ELECTRONIC STORE and providing the necessary data, if the User does not have a registration in the ELECTRONIC STORE yet or by requesting a product without registering;
Logging into the system for placing orders on the ELECTRONIC STORE by identifying with a name and password and another method of identification;
Selecting one or more of the goods offered on the ELECTRONIC STORE and adding them to a list of goods for purchase;
Providing data for delivery;
Choice of method and time for payment of the price.
Order confirmation;
(2) Users may conclude the purchase and sale contract with the Supplier without registering, by using the relevant functionality in the e-shop interface.

VI. SPECIFIC OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The rules of this Section VI of these general terms and conditions apply to Users for whom, according to the data provided for the conclusion of the purchase and sale contract or upon registration in the ELECTRONIC STORE, 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/EC of the European Parliament and of the Council of 25 October 2011.

Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the ELECTRONIC STORE website.
(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the ELECTRONIC STORE website.
(3) The value of postal and transport costs, not included in the price of the goods, shall be determined by the Supplier and shall be provided as information to the Users at one of the following times before concluding the contract:
- In the profile of each of the goods on the ELECTRONIC STORE Supplier's website;
- When selecting the goods for concluding the purchase and sale contract;
(4) The method of payment, delivery and performance of the contract is determined in these general terms and conditions, as well as the information provided to the User on the Provider's website.
(5) The information provided to Users under this article is current at the time of its visualization on the Provider's website before the conclusion of the purchase and sale contract.
(6) The Supplier must indicate the terms and conditions for delivery of individual goods on its website.
(7) The supplier shall indicate, before the conclusion of the contract, the total value of the order for all goods contained therein.
(8) Users agree that all information required by the Consumer Protection Act may be provided through the ELECTRONIC STORE platform interface or e-mail.

Art. 13. (1) The Consumer agrees that the Supplier has 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 the price of delivery of the goods before or at the time of their delivery.

VII. IF A PROBLEM OCCURS WITH AN ORDER

Art. 14. In the event that, on the date of a placed and processed order, any of the Products is not available and the Supplier cannot deliver the Product within the delivery times specified above or no longer offers the Product ordered by the User, an employee of the Supplier will contact the User at the contact telephone number and/or at the email address specified by the User as soon as possible in order to specify the actions that are additionally necessary to fulfill the order or replace the Product. In the event that the User does not wish to receive the Product ordered by him outside the specified delivery times or does not wish to replace the Product ordered by him with another, the Supplier guarantees a timely refund of the Sales Price paid by the User.

Art. 15. In case the User has provided inaccurate or incorrect delivery data – names, email, delivery address and postal code, contact phone number, which prevents the Supplier from making the delivery on time, the Supplier will make reasonable efforts, taking into account the circumstances, to contact the User to clarify and verify the correct data necessary for making the delivery. In this case, the maximum delivery time will be increased by the time necessary to connect and verify the correct data.

Art. 16. In the event that within the delivery period the Supplier cannot find the User at the address specified by him or a third party to receive and accept the Product on his behalf and cannot contact him at the contact phone number and email address specified by the User, the User must additionally confirm on the specified contact phones with the Supplier his desire to receive the Product after the delivery period. In such cases, the User must bear all costs for the re-delivery.

Art. 17. In the event that, due to the Supplier's fault, the delivery cannot be made within the specified maximum period according to the specified delivery address, the User has the right to cancel the order placed by him, in which case the Supplier owes the User a refund of the full price of the Product.

VIII. COMPLAINTS AND RETURNS

Art. 18. Right to cancel a paid order and return the Product

(1) The User has the right to cancel the order and return the Product to the Supplier without giving any reason, without being liable for compensation or penalty, and without paying any costs, except for transport and other costs related to the return of the Product, within 14 days from the date of receipt of the Product by the User or by the third party who has accepted the Product on behalf of the User. For the avoidance of doubt, the 14-day period begins to run from the date of receipt of the Product as reflected in the documents for the transfer of the Product by the courier employee who carried out the delivery.

(2) In order for the right of withdrawal to be considered validly exercised, the User:

1. should notify the Provider of his/her wish to cancel the order by sending an e-mail, notification, application or other written message, from which it is unambiguously clear that the User wishes to cancel the order. The standard cancellation form or the written message selected by the User should be sent to the correspondence address specified by the Provider (order@tierraverde.bg) or submitted on site in person by the User or his representative, and

2. must have sent/submitted the written notice under Art. 18.(2).1 before the expiry of 14 (fourteen) days from the date of receipt of the Product, and

3. must have returned or sent back the Product to the Supplier no later than 14 (fourteen) days from the date of receipt of the order cancellation notice.

4. If a valid right of withdrawal from the order is exercised, the Supplier will refund to the User the Sales Price paid by him for the Products (goods) to the bank account indicated by him or in another manner chosen by the User no later than 14 (fourteen) days from the date of receipt of the Product back.

5. The Supplier has the right to withhold the refund of the Sales Price until it receives the Product back.

6. In cases of cancellation of the order, the costs associated with notifying the Supplier and sending back the Product are entirely at the expense of the User.

7. The User does not have the right to cancel the order and cannot request a refund of the paid Sale Price if the Product and packaging are in a damaged commercial condition, the Product has been opened, unsealed or otherwise used in a manner that violates the integrity of the Product or packaging. In this case, the Supplier has the right to refuse to refund the received Sale Price for reasons related to hygiene and the protection of the health of the Users.

8. Address for returning the ordered Product(s):

Sofia, office of the Speedy courier service at 64 Ami Bue Str., recipient Tierra Verde Bulgaria OOD, tel.: 0898757754.

IX. OTHER CONDITIONS
Art. 19. The Supplier delivers and hands over the goods to the User within the period specified upon conclusion of the contract.

Art. 20. Upon receipt of the Product, the User should check the contents of the package for compliance of the sent Product with the submitted order. If any violations are found in the appearance of the Product, the User should contact the courier, who is obliged to draw up a report on damage to the shipment and the costs for the damaged Product are covered by the courier. Otherwise, the User cannot make a claim for missing or damaged integrity of the Product.

X. PROTECTION OF PERSONAL DATA
Art. 21. (1) The Provider shall take measures to protect the User's personal data in accordance with the Personal Data Protection Act.
(2) For reasons of security of the Users' personal data, the Provider will send the data only to the e-mail address that was specified by the Users at the time of registration.
(3) The Provider adopts and announces on its website a Personal Data Protection Policy.
(4) Users agree that the Supplier has the right to process their personal data necessary for the fulfillment of orders in the e-shop and the performance of the contract.

Art. 22. (1) At any time, the Provider 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 username and password, the Provider has the right to apply the announced Procedure for lost or forgotten usernames and passwords.

XI. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 23. (1) These general terms and conditions may be amended by the Provider, of which the latter will notify all Users who have registered in an appropriate manner.

(2) The Provider and the User agree that any additions and amendments to these general terms and conditions will be effective against the User after explicit notification by the Provider and if the User does not declare within the 30-day period provided to him that he rejects them.
(3) The User agrees that all statements of the Provider 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 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. 24. The Provider publishes these general terms and conditions on its website along with all additions and amendments thereto.

XII. TERMINATION
Art. 25. These general terms and conditions and the User's contract with the Provider 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 agreement of the parties in writing;
- unilaterally, with prior notice from each party in the event of failure to fulfill the obligations of the other party;
- in the event of objective impossibility of any of the parties to the contract to fulfill their obligations;
- upon seizure or sealing of the equipment by government authorities;
- in case of deletion of the User's registration on the ELECTRONIC STORE website. In this case, the concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;
- in case of exercising the right of withdrawal pursuant to Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the respective ordered goods is terminated if the right of withdrawal from the contract is applicable to the respective category of goods.

XIII. OTHER CONDITIONS
Art. 26. The possible invalidity of any of the provisions of these general terms and conditions shall not result in the invalidity of the entire contract.

Art. 27. 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. 28. All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.