General Terms and Conditions of Sale
These Terms and Conditions of Sale have been concluded between the company FRESH-B OOD with a registered capital of 5000 BGN, having its registered office located at 25, 8th congress Str., 3640 Yakimovo, Bulgaria, entered in the Bulgarian Business Register and the Register of non-profit legal entities kept by the Bulgarian Registry Agency under registration number 200348507, hereinafter referred to as “FRESH-B“, managing the website www.fresh-b.com, on the one hand, and by any natural or legal person wishing to make a purchase via the website www.fresh-b.com, hereinafter referred to as “Buyer“, on the other hand.
Article 1. Subject
These Terms and Conditions of Sale are intended to define the contractual relationship between FRESH-B and the Buyer as well as the conditions applicable to any purchase made via the website www.fresh-b.com. The acquisition of a product via this website implies a full acceptance by the Buyer of these Terms and Conditions of Sale, which the Buyer acknowledges having read prior to placing an order. Prior to any transaction, the Buyer declares that the purchase of products on the website www.fresh-b.com is not directly related to his/her professional activity and is strictly limited to personal use, on the one hand, and on the other hand, that he/she has full legal capacity allowing him/her to engage under these General Terms and Conditions of Sale.
The company FRESH-B retains the possibility of modifying at any time these Terms and Conditions of Sale, in order to comply with any new regulations or to improve the use of its site. Therefore, the conditions applicable will be those in effect on the date on which the purchase order is placed by the Buyer.
Article 2. Products
The products offered are those listed on the company FRESH-B website www.fresh-b.com within the limits of available stocks. The company FRESH-B reserves the right to modify the product assortment at any time. Each product is presented on the website in the form of a description showing its main technical characteristics (content, use, composition, etc.). All pictures shown on the website are as faithful as possible, but are for illustration purposes only and do not engage FRESH-B in any way. The sale of the products presented on the website www.fresh-b.com is intended for all buyers residing in countries which fully authorize the entry into their territory of these products.
Article 3. Prices and Fees
The prices are indicated on the product information sheets in the internet catalogue and these are prices understood in Euros (€), wihtout VAT applicable on the date of placing the order. Any change in the VAT rate may be reflected in the price of the products. The company FRESH-B reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalogue on the date of placing the order will be the only one applicable to the Buyer. The prices indicated do not include delivery costs, which are invoiced in addition to the price of the products purchased depending on the total amount of the order. In metropolitan France, (i) free shipping for any order greater than or equal to 50 euros all taxes included, and (ii) for any order less than 49.99 euros all taxes included, a flat-rate shipping costs amounting to 8.90 euros all taxes included shall be charged and invoiced to the Buyer.
Article 4. Orders and Payment Terms
Before placing an order, the Buyer must create an account on the website www.fresh-b.com. The account creation section is accessible directly from the side menu bar. At each visit, the Buyer, if he/she wishes to order or consult his/her account (order status, profile, etc.), must identify himself/herself usingthisinformation. The company FRESH-B offers the Buyer to order and pay for his/her products in several steps, with 2 payment options at his/her choice:
– Payment by bank transfer: the Buyer selects the products he/she wishes to order in the “basket”, modifies if necessary (quantities, references, etc.), checks the billing address or informs a new one. Afterward, the shipping costs are calculated and submitted to the Buyer, as well as the name of the carrier. Then, the Buyer chooses the method of payment of his/her choice: “Payment by transfer”. Finally, the last step offers to check all the information, to read and accept these General Terms and Conditions of Sale by checking the corresponding box, then invites him/her to validate his/her order by clicking on the button “Confirm my order”. This last click forms the final conclusion of the contract. Upon validation, the Buyer receives a purchase order confirming the registration of his/her order. In order to finalize the payment and trigger the processing of the order, the Buyer must contact his/her bank to make the transfer corresponding to the amount of his/her order to the bank account of FRESH-B whose details are communicated to the Buyer. Upon receipt of the transfer, the order will be processed, and the Buyer will be informed by e-mail. The company FRESH-B will ship the products no earlier than 2 working days after receipt of the transfer corresponding to the order, subject to stock availability.
– Secure payment via PayPal account or by bank card: the Buyer selects the products he/she wishes to order in the “basket”, modifies if necessary (quantities, references, etc.), checks the billing address or informs a new one. Afterward, the shipping costs are calculated and submitted to the Buyer, as well as the name of the carrier. Then, the Buyer chooses the method of payment of his/her choice: “Payment via PayPal account or by bank card”. The next step offers to check all the information read and accept these General Terms and Conditions of Sale by checking the corresponding box, then invites him/her to validate his/her order by clicking on the button “Confirm my order”. Finally, the Buyer is redirected to the secure interface in order to securely inform his/her PayPal account or personal Blue Card credentials. If payment is accepted, the order is registered, and the contract finalized. Payment via PayPal account or by credit card is irrevocable. In case of fraudulent use of this one, the Buyer will be able to require the cancellation of the payment by card, and the sums paid will be then credited back or returned. The responsibility of the holder of a bank card is not engaged if the disputed payment has been proven fraudulently done, remotely, without physical use of his/her card. In order to obtain a refund of the fraudulent debit and any possible bank charges that the transaction may have incurred, the cardholder must challenge, in writing, the withdrawal before his/her bank, within 70 days of the transaction, or 120 days if the contract linking it thereto so provides. The amounts withdrawn are refunded by the bank within a maximum of one month after receipt of the written dispute claim by the holder. No expenses for refunding of the sums can be charged to the holder.
The confirmation of an order implies acceptance of these Terms and Conditions of Sale, the acknowledgment of having perfect knowledge and the waiver of its own conditions and terms of purchase. All data provided and the recorded confirmation will be worth proof of the transaction. If the Buyer has an e-mail address and if it is indicated on his/her order form, the company FRESH-B will communicate to him/her by e-mail the confirmation concerning the registration of his/her order.
If the Buyer wishes to contact the company FRESH-B, he/she can do so either by email at the following address: firstname.lastname@example.org, or by phone at +262 262 70 02 70.
Article 5. Retention of Title
The company FRESH-B retains full and entire ownership of the products sold until full collection of the price, in principal, costs and taxes included.
Article 6. Cancellation
Under article 50 of the Consumer Protection Act, the Buyer has a period of fourteen working days from the delivery of their order to exercise his/her right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for the cost of return.
Article 7. Delivery
Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Deliveries are made by post, via delivery service with tracking, delivery without signature. The delivery times mentioned on the purchase orders are for information only; if these exceed thirty days from the order, the sales contract may be terminated and the Buyer reimbursed. The company FRESH-B may provide the Buyer with the tracking number of his/her parcel by e-mail. The order is delivered to the Buyer’s home by the postman. If the Buyer is absent, he/she will receive a notice from the postman, which allows him/her to collect the products ordered at the nearest post office, during a period specified by the postal services. The risks associated with transport are borne by the Buyer from the moment when the products leave the premises of the company FRESH-B. The Buyer is required to check, in the presence of the postal employee or the delivery person, the condition of the packaging of the goods and their contents on delivery. In the event of damage during transport, any claim must be made to the carrier within three days of delivery.
Article 8. Guarantee
All the products supplied by the company FRESH-B benefit from the legal guarantee provided for in articles 103a and following of the Consumer Protection Act. In case of non-conformity of a product sold, it may be returned to the company FRESH-B which will take it back, exchange it or reimburse it. All claims, requests for exchange or refund must be made by post to the following address: FRESH-B, 25, 8th congress Street, 3640 Yakimovo, BULGARIA within thirty days after delivery.
Article 9. Liability
The company FRESH-B in the process of online selling is held only by an obligation of means. It cannot be held responsible for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break of the service, or other involuntary problems.
Article 10. Intellectual Property
All elements of the website www.fresh-b.com are and remain the intellectual and exclusive property of the company FRESH-B. No one shall be authorized to reproduce, exploit, or use for any reason whatsoever, even partially, elements of the website whether in the form of a photo, logo, visual or text.
Article 11. Personal Data
The company FRESH-B undertakes to preserve the confidentiality of the information provided by the Buyer, which he/she would have to transmit for the use of certain services.
The Buyer confirms that he/she is informed of the identification of FRESH-B as responsible for the processing of personal data, the categories of personal data processed, the reasons, the place, the purposes, the deadlines and the means of processing of his/her personal data, as well as his/her rights under art. 15-22 of Regulation (EU) 2016/679 and how to apply them.
Each buyer registered through his/her user name and password has the right to access his/her user profile online, where he/she can correct and update his/her personal data stored by FRESH-B. The Buyer can exercise his/her right to access, modify and delete the information concerning him/her at any time by mail to the following address: email@example.com.
Article 12. Applicable law. Dispute Resolution
These Terms and Conditions of online selling are subject to the Bulgarian law. The provisions of the current legislation of the Republic of Bulgaria apply to all matters not regulated by this contract.
All disputes between the parties will be settled in a spirit of understanding and goodwill. In the event that no agreement is reached, all unresolved disputes arising out of or related to the contract between the parties, including disputes arising out of or relating to its interpretation, nullity, execution or termination, as well as disputes to fill gaps in the contract or its adaptation to new circumstances, will be submitted to the competent court under Bulgarian law in Sofia.
These General Terms and Conditions of Sale were last modified on 10.02.2021.