Terms and Conditions

General Terms and Conditions for using the website www.SuplimenteOriginale.ro. This website belongs to PROVITAMINE EOOD company

I. OBJECTIVE

These General Terms and Conditions regulate the relations between the contracting parties of the sale-purchase agreement, where one party is represented by PROVITAMINE EOOD company, headquartered at Bogdan voyvoda Street no. 1 Ruse, unique identification code BG206508178, registered with the Trade Register as a seller (hereinafter referred to as "Seller") and the other party, represented by the buyer, who may also be a consumer (hereinafter referred to as "Buyer").

II. SUPPLIER DATA

Art.2. Information required according to the provisions of the Electronic Commerce Law and the Consumer Protection Law:
1. Supplier Name: "PROVITAMINE" EOOD.
2. E-mail: [email protected], tel: 0376.448.690.
3. Registrations in various public registers: Tax ID BG206508178.
4. VAT registration: no. BG206508178

Art.3. SuplimenteOriginale.ro is an e-commerce platform that can be accessed at the Internet address: https://www.SuplimenteOriginale.ro/, through which Users can conclude sale-purchase contracts, for the delivery of products offered by SuplimenteOriginale.ro, including the following:
1. Registration and creation of a profile, through which users can view the products offered by SuplimenteOriginale.ro and can benefit from additional information services;
2. Users can view all products and find out their characteristics, prices, and delivery conditions;
3. Users can conclude sale-purchase and delivery contracts for products offered by SuplimenteOriginale.ro;
4. They can make payments through different payment methods, in connection with the contracts concluded with SuplimenteOriginale.ro, depending on the electronic payment instruments implemented by SuplimenteOriginale.ro;
5. Users can obtain information about new products offered by SuplimenteOriginale.ro;
6. Electronically, they can make statements related to the conclusion or fulfillment of contracts concluded with the SuplimenteOriginale.ro store, through the interface of the SuplimenteOriginale.ro page, which they can access on the Internet;
7. Users will be informed about their legal rights, primarily through the interface of the SuplimenteOriginale.ro page that they can access on the Internet;
8. They can instruct a courier to carry out the delivery of the ordered products, from the SuplimenteOriginale.ro store warehouse to the address indicated by the User.

Art.4. The Supplier delivers the products and guarantees the Users' rights provided by law, acting in good faith and respecting the criteria and conditions adopted in practice, in consumer rights and commercial law, in accordance with Bulgarian legislation.

Art.5. (1) Users will conclude a sale-purchase contract for the products offered by SuplimenteOriginale.ro, through the Supplier's interface, which can be accessed on its Internet page at: https://www.SuplimenteOriginale.ro. The contract will be drafted in Bulgarian and will be kept in the Supplier's database.
(2) By virtue of the product sale-purchase contract concluded with Users, the Supplier undertakes to deliver the products and to transfer ownership of them to the User, concerning the products chosen through the interface. Users have the right to correct mistakes made during the introduction of information, at the latest before declaring that they want to conclude a contract with the Supplier.
(3) Users will pay the Supplier the price of the delivered products, respecting the conditions presented on the SuplimenteOriginale.ro store page as well as these general conditions. The amount payable corresponds to the price announced by the Supplier at the Internet address of the SuplimenteOriginale.ro store.
(4) The Supplier delivers to Users the products ordered within the terms and under the conditions determined by the Supplier on the SuplimenteOriginale.ro store page and in accordance with these general conditions.
(5) The products ordered by Users will be delivered to the SuplimenteOriginale.ro store headquarters. Users can authorize a courier to pick up the products on their behalf from the delivery location and deliver them to the address in Romania indicated by the Buyer.

Art.6. (1) The Buyer and the Supplier agree that all declarations/notifications made between them in connection with the conclusion and fulfillment of the sale-purchase contract can be made electronically, through electronic messages in the sense of the Law on electronic documents and electronic signature and according to the provisions of art.11 of the Electronic Commerce Law.
(2) It is also assumed that electronic declarations transmitted by Users on the site are made by the persons mentioned in the data provided by the User, for the purpose of registering them, if the User has entered the respective name and access password.

IV. REGISTRATION FOR USING THE SUPLIMENTEORIGINALE.RO STORE

Art.7. (1) In order to use SuplimenteOriginale.ro for concluding sale-purchase contracts of goods, the User will enter the remote access name and password, chosen by them.
(2) The remote access name and password will be chosen by the User, through online registration on the Supplier's site, following the procedure indicated on the site.
(3) By entering their personal data and after pressing the "Yes, I accept" and "Registration" buttons, the User practically declares that they know the general conditions, that they agree with them and undertake, unconditionally, to respect them.
(4) The Supplier confirms the registration made by the User by sending a letter to the electronic address mentioned by the User. A User account will be created and contractual relations thus appear between them and the Supplier.
(5) When registering, the User assumes the obligation to provide truthful and current data. In case of changes, the User undertakes to update their data entered during the registration procedure in a timely manner.

V. TECHNICAL STEPS NECESSARY FOR CONCLUDING THE SALE-PURCHASE CONTRACT

Art.8. (1) Users will mainly use the interface of the Supplier's page, in order to conclude the sale-purchase contract for the products offered by the Supplier on the SuplimenteOriginale.ro site.
(2) Through the interface of the Supplier's page, Users can authorize a courier to pick up the ordered products from the place where they were delivered - the ProVitamine Eood warehouse, and deliver them to the address in Romania indicated by the User.

Art.9. Users will conclude the sale-purchase contract with the Supplier, according to the procedure presented below:
(1) Registration is made in SuplimenteOriginale.ro, by entering the necessary data, if the User registers for the first time.
(2) Accessing the ordering system in the SuplimenteOriginale.ro store is done by identifying with the help of the name and password;
(3) Then Users will select one or more products from those offered by SuplimenteOriginale.ro and will add them to the list of products that will be purchased.
(4) Then follows the selection of products from this list, regarding which a sale-purchase contract will be concluded.
(5) The data for delivery and authorization of the courier who will deliver the products to the address in Romania indicated by the User will be entered;
(6) Then follows the choice of the moment and method of payment of the price.
(7) Confirmation of the order;

VI. CONTRACT CONTENT

Art.10. (1) The Supplier and Users will conclude separate sale-purchase contracts for the products, regardless of the fact that they were selected by a single electronic message, from the same shopping list.
(2) The Supplier can deliver all products together and at the same time, regardless of the fact that they were ordered through separate sale-purchase contracts.
(3) User rights regarding the delivered products will be exercised for each sale-purchase contract separately. The exercise of rights arising from a sale-purchase contract does not refer to and has no effect on the rest of the sale-purchase contracts concluded regarding other products.
In case the User is a consumer within the meaning of the Consumer Protection Law, the exercise of the right to refuse to fulfill the sale-purchase contract regarding a certain product has no effect on the rest of the sale-purchase contracts concluded regarding other products delivered to the User.

Art.11. When exercising their rights arising from a sale-purchase contract, the User is obliged to mention precisely and very clearly which contract and product is concerned, from which contract their rights arise.

Art.12. The User can pay the price of all contracts at once when placing the order or at the time of product delivery.

VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE QUALITY OF CONSUMERS WITHIN THE MEANING OF THE CONSUMER PROTECTION LAW

Art.13. (1) The rules provided in title VII of the General Conditions will apply only to Users, with respect to whom, based on the data mentioned in connection with the conclusion of the sale-purchase contract or at the time of registration with SuplimenteOriginale.ro, the conclusion can be made that they are consumers within the meaning of the Consumer Protection Law, the Electronic Commerce Law and/or Directive 97/7/CE of the European Parliament and of the Council of 20 May 1997, on consumer protection, when it comes to distance contracts.
(2) The Supplier does not offer and does not deliver prescription medicines, for which a doctor's prescription is needed, to persons who have the quality of consumers within the meaning of para.1.
(3) All relations between SuplimenteOriginale.ro and Users are regulated by Bulgarian legislation, this being applicable to disputes arising between the two parties.

Art.14.(1) The main characteristics of the products offered by the Supplier are described in the profile of each product, created on the SuplimenteOriginale.ro site.
(2) The price of the products, which includes all taxes and fees, is determined by the Supplier in the profile of each product, created on the SuplimenteOriginale.ro site;
(3) The value of transport expenses, which are not included in the price of the products, is determined by the Supplier and is brought to the attention of Users at the time of choosing the products for which the sale-purchase contract will be concluded;
(4) The methods of payment, delivery, and realization of the contract are regulated in these general conditions and in the information made available to the User on the SuplimenteOriginale.ro site of the Supplier.
(5) The information made available to Users, provided in this article, will be current at the time of its viewing on the SuplimenteOriginale.ro site of the Supplier, and can be accessed before concluding the sale-purchase contract.

Art.15.(1) The User consents that the Supplier has the right to accept advance payments for the sale-purchase contracts concluded with them and for the delivery of the products.
(2) The User is the one who decides on their own whether to pay the Supplier the price of the products before their delivery or at the time of delivery.
(3) In case the value of the order made by the User is 32,000 RON or exceeds this amount, payment will be made only by bank transfer or by depositing the amount in the Supplier's settlement account.
(4) The User has the right to choose: either to receive the goods personally or to authorize a courier to deliver the goods and pay the SuplimenteOriginale.ro store the price of it.

Art.16.(1) The User has the right, without owing damages or penalties and without mentioning any reason, to withdraw from the concluded contract, within a period of 7 working days running from the date of receipt of the products.
(2) The right to refuse, provided in para.1, does not apply in the following cases:
- in case of delivery of products or provision of services, the price of which depends on fluctuations in financial markets that the Supplier is unable to control;
- in case of delivery of products that have been manufactured according to the user's requirements or based on an individual order of this;
- in case of delivery of products which due to their nature cannot be returned and are subject to easy alteration, or there is a risk of deterioration of their quality;
- in case of delivery of audio and video recordings or software products, the packaging of which has been opened by the user;
- in case of delivery of newspapers, magazines, or other periodical publications;
- in case of nutritional supplements and/or supplements used by athletes, the packaging of which has been opened/opened by the User;
(3) In case the Supplier has not fulfilled its obligation to provide the information provided in art. 54 of the Consumer Protection Law, the User has the right to withdraw from the concluded contract, within a period of three months starting from the date of receipt of the product. If the information provided in this paragraph has been made available to the user during the period in which the refusal period is running, this period starts to run again from the date on which the information was given.
(4) In case the user exercises their right to refuse, provided in para.1, the Supplier is obliged to return to them all the amounts paid by them, within a maximum period of 30 calendar days, starting with the date on which the user exercised their right of refusal to the concluded contract. From the amount that the user has paid on the basis of the contract, the expenses made for returning the product will be retained, except for the case where the user has returned the product themselves and has borne the expenses, bringing this fact to the attention of the Supplier.
(5) The User undertakes to keep the products delivered by the Supplier, their quality, and safety during the period in which the term provided in para.1 is running.
(6) The User can exercise their right to refuse the contract concluded with the Supplier, addressing the Supplier, at the address mentioned above, a written request.

Art.17.(1) The delivery term of the product is determined for each product separately, at the time of concluding the contract with the user, through the SuplimenteOriginale.ro site of the Supplier.
(2) In case the User and the Supplier have not determined the delivery term, the delivery term of the products will be 30 working days, starting with the day following that in which the user sent the order to the Supplier, through the SuplimenteOriginale.ro site of the Supplier.
(3) If the Supplier is unable to fulfill the contract because it does not have the ordered products, it is obliged to inform the User of this situation and to return the amounts paid by them, within a maximum period of 30 working days, starting with the date on which the Supplier had to fulfill its contractual obligations.
(4) In the cases provided in para. 3, the Supplier has the right to deliver to the User products of the same type, price, and of the same quality. The Supplier informs the User of this change regarding the fulfillment of the contract, electronically.
(5) In case of exercising the right of refusal to the delivery contract according to the provisions of para. 4, the expenses related to the return of the products will be borne by the Supplier.

Art.18. The Supplier undertakes to respect all the provisions of Bulgarian legislation regarding the labeling, advertising, and sale of nutritional supplements.

VIII. CONTRACT FULFILLMENT

Art.19. (1) The Supplier will deliver and hand over the product to the User within the term established at the time of concluding the contract.
(2) If the term provided in para.1 has not been expressly agreed by the two parties at the time of concluding the contract, the Supplier will deliver and hand over the product within a reasonable term, which however cannot be longer than 2 months.
(3) The contract concluded between the two parties does not include making deliveries outside the SuplimenteOriginale.ro headquarters. Deliveries of this type will be made by authorizing third parties, namely - couriers.

Art.20. (1) The User will have to examine the product at the time of delivery and handing over by the Supplier, and if the product does not meet the requirements, will promptly notify this fact to the Supplier.
(2) If the User does not inform the Supplier according to the provisions of para. 1, it is considered that the product has been approved, that it meets the requirements of the user, if it does not have hidden defects.
(3) The following do not represent product defects:
- non-specific taste of the nutritional supplement and/or supplement used by athletes;
- the nutritional supplement and/or supplement used by athletes does not mix well enough before its use;
- non-specific color of the nutritional supplement and/or supplement used by athletes;
- the taste of the nutritional supplement and/or the supplement used by athletes delivered does not coincide with the taste of other nutritional supplements and/or supplements used by athletes;
- if the packaging of the nutritional supplement and/or the supplement used by athletes is provided with mechanisms of automatic opening or facilitated opening of the protective membrane;
- the remaining shelf life of the nutritional supplement and/or supplement used by athletes, regarding which, according to the circumstances, the conclusion can be made that it is sufficient for the consumption of the entire quantity of the nutritional supplement and/or supplement used by athletes.

Art.21. The Supplier does not undertake the obligation to provide the necessary service in connection with the product.

Art.22. Regarding the issues not regulated in this title, the rules related to commercial sales provided in the Commercial Code will apply.

IX. PROTECTION OF PERSONAL DATA

Art.23. (1) The Supplier will take the necessary measures regarding the protection of personal data of the User, in accordance with the provisions of the Personal Data Protection Law.
(2) For security reasons of the User's personal data, the Supplier will transmit the data only to the e-mail address indicated by the User at the time of their registration.
(3) The Supplier has the right to keep the data in the User's final communication device, except for the case where they have expressly declared that they do not agree with this.
(4) The User/Consumer declares that they agree that the Supplier has the right to transmit electronic messages to the User/Consumer at any time, including its bulletin or offers of product sales, during the period in which the User/Consumer is registered with the Supplier's electronic store.
(5) The User/Consumer declares that they agree that the Supplier has the right to collect, keep and process data regarding the behavior of the User/Consumer during the period in which they benefit from the services of the Supplier's electronic store.

Art.24. (1) At any time, the Supplier has the right to ask the User to identify themselves and to attest to the veracity of the circumstances and personal data declared during the registration period.
(2) In case the User has forgotten or lost their name and password, regardless of the cause, the Supplier has the right to apply the "Announced procedure regarding lost or forgotten names and passwords", accessible at the address: www.suplimenteoriginale.ro/inregistrare

X. MODIFICATION AND ACCESS TO GENERAL CONDITIONS

Art.25.(1) The general conditions can be modified by the Supplier and it will inform about this the Users of the SuplimenteOriginale.ro store, through the most appropriate modalities.
(2) The Supplier and the User agree that any modification or completion of the general conditions will produce effects towards the User in the following cases:
A) following the notification addressed expressly by the Supplier to the User and in case the User does not declare within a period of 14 days that they reject them; or
B) following the publication of the modifications/
completions on the Supplier's site and in case the User does not declare within a period of 14 days that they reject them;
C) by their acceptance by the User, through their profile on the Supplier's site.
(3) The User consents that all notifications of the Supplier, made in connection with the modification of these general conditions, will be sent to the electronic mail address that was given by the User at the time of registration. The User consents that for electronic messages transmitted according to the order presented in this title, an electronic signature is not needed to produce effects towards them.

Art.26. The Supplier will publish the General Conditions at the address: www.suplimenteoriginale.ro/termeni-si-conditii, together with all subsequent modifications and completions.

XI. CONTRACT TERMINATION

Art.27. The general conditions and the contract that the User has concluded with the Supplier will cease in the following cases:
• in case of dissolution, liquidation, or initiation of bankruptcy proceedings of one of the parties to the contract;
• based on the amicable agreement made in writing between the two parties;
• in case of objective impossibility of one of the two contracting parties to fulfill the assumed obligations;
• in case of confiscation or stopping of the equipment by the competent state authorities;
• in case of deletion of the User's registration from the SuplimenteOriginale.ro site. In this case, the sale-purchase contracts concluded, which however have not been fulfilled, will remain in force and are to be fulfilled;

XII. SECURITY AND PROTECTION OF INFORMATION

The Seller hereby informs the Buyer that, in the sense of the provisions of the law on the protection of personal data, it will process the Buyer's personal data in the process of concluding the sale-purchase contract without their consent, as a data subject, since the processing of the Buyer's personal data will be carried out by the Seller in pre-contractual relations with that Buyer, and the processing of the Buyer's personal data is necessary for the fulfillment of the sale-purchase contract, in which the Buyer acts as a contracting party.

The Buyer can at any time verify and modify the personal information provided, as well as cancel their registration after connecting to the online store site in the "My Account" section.

The Buyer may, by checking the corresponding box, before sending the order, express their consent in the sense of the provisions of the law on the protection of personal data, that the Seller may process and store their personal data, especially those mentioned above and/or, which are necessary for the activity of the Seller to send information about new products, discounts, and promotions for the goods offered and to process them in all its information systems, related to sending information about new products, discounts, and promotions for the goods offered.

The Buyer grants the Seller this consent for a determined period, until the fulfillment of the purpose of processing the Buyer's personal data. The Seller, after fulfilling the purpose of processing, will ensure the immediate liquidation of the Buyer's personal data. The Buyer may withdraw their consent for the processing of personal data at any time in writing. The consent expires within 1 month from the delivery of the withdrawal of consent by the Buyer to the Seller.

The Seller declares that all personal data is confidential and will not be made public, provided to third parties, etc. except for the situation related to distribution or payment, regarding the ordered goods (notification of name, account number, and delivery address). The Seller will act so that the data subject's rights are not affected, especially the right to preserve human dignity and, also, to ensure protection against unauthorized interventions in the private and personal life of the data subject. Personal data is collected, processed, and stored in accordance with the applicable laws of Romania, especially with the law on the protection of personal data, with subsequent modifications and completions. The Buyer has the right to access and correct their personal data (through the cited contact form, including the right to request explanations and elimination of the non-conforming status and other legal rights over this data).

The Buyer, based on a free written request, has the right to oppose the processing of personal data in accordance with the provisions of the law on the protection of personal data, invoking legal reasons or by submitting evidence about unauthorized intervention in their rights and protected interests, which are, or may be affected in a concrete case by such processing of personal data, except for the case where there is a legal reason and it is established that the Buyer's objection is justified, and the Seller is obliged to block and liquidate the personal data, the processing of which was objected to by the Buyer, without unjustified delays, as soon as circumstances allow.

The Seller hereby informs the Buyer that, in accordance with the provisions of the law on the protection of the Buyer's personal data, it is assumed that the Buyer's personal data will be provided and made available to the following third parties, respectively the circle of beneficiaries:

Cargus S.R.L., headquartered in Măgurele, Șoseaua Atomiștilor no. 99 - 115, Corp C1, Jud. Ilfov, Romania, CUI RO3541906, registered at the Trade Register Office under no. J23/344/2013.

Dynamic Parcel Distribution S.A., headquartered in Comuna Mogoșoaia, Str. Buiacului, no. 2, Corp A - Unit A1 and A2, Ilfov County, Romania, CUI RO9566918, registered at the Trade Register under no. J23/409/08.02.2010.

Within the complaint procedure, the following information is requested from customers: name, surname, address, telephone number, e-mail, and signature or digital signature. All personal data obtained in this way is processed exclusively for the purpose necessary to solve the complaint and in accordance with the law on the protection of personal data, with subsequent modifications and completions.

The Buyer has the right to access their personal data and the right to rectify it, including the right to request clarifications and elimination of the erroneous status and other legal rights regarding this data.

The Seller may further, in case of expressing agreement, process the so-called "cookies", so as to facilitate the provision of information society services, in accordance with the provisions of the (EU) directive on the protection of personal data for the purpose of "cookies" or similar tools, and ensures that users know the information that is stored in the terminal equipment. Users have the option to refuse to have "cookies" or similar tools stored on their terminal devices, e.g. by running the anonymous browsing functionality in the browser.

To prevent crime and minimize damage, the Seller reserves the right to refuse the Buyer an order created from a blocked IP address in the blacklist. In case of order-related problems, the Buyer can contact the Seller by e-mail at [email protected] or at the phone number 0376.448.690.

In case of information system failure or force majeure, the Seller is not responsible for non-compliance with working hours.

Customers will be informed about the operating schedule related to legal holidays on www.suplimenteoriginale.ro

Shipping by courier service - Romania:

Goods can be sent to the Buyer through courier services. The individual transport modes are offered depending on the current availability of individual services and taking into account capacity and coverage area. In case of force majeure or failure of the SuplimenteOriginale.ro information system, it is not responsible for delayed delivery of goods. The price of transport is made based on the current price list from the day of the order.

The Buyer is obliged to check together with the carrier immediately the condition of the shipment (number of packages, integrity of the company logo tape, damage to the box) according to the attached delivery note. If damage to the shipment is found, the Buyer is obliged to draw up a finding together with the representative of the carrier regarding the extent and nature of the damage. Based on this finding, the Buyer may subsequently refuse to take over the delivered goods, which are not in accordance with the sale-purchase contract, to refuse to take over the defective goods or to confirm the delivery of goods with defects and, subsequently, to file a complaint regarding the defects of the goods to the Seller. In case the Buyer notices damage or other irregularities after receiving the shipment, they are obliged to contact the seller immediately. If they do not do this, they will have the right to claim the defect only if they can prove that the goods already had a defect at the time of their takeover.

An incomplete or damaged shipment must be reported immediately by e-mail to [email protected] or by phone at no. 0376.448.690, to draw up the damage report with the carrier and to send it without unjustified delays by e-mail or by courier to the Seller. Subsequent complaints for incomplete shipment or external damage to the shipment do not deprive the Buyer of the right to make a complaint, but offer the Seller the possibility to demonstrate that it is not a dispute regarding the sale-purchase contract.

XIII. FINAL PROVISIONS

According to the law on alternative dispute resolution for consumers, the consumer has the right to contact the Seller with a request for remediation if they are not satisfied with the way in which the Seller has resolved their complaint or if they consider that the Seller has violated their rights.

The consumer has the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution entity, if the Seller has rejected the request or has not responded to it within 30 days from the date of dispatch.

Link to the ADR (alternative dispute resolution) platform through which the consumer can submit a proposal to initiate alternative dispute resolution can be found here.

These General Terms and Conditions come into force and take effect starting with 01.01.2021 and cancel the previous formulation of the General Terms and Conditions. The Seller reserves the right to modify the Terms and Conditions without prior notification. The modification of the Terms and Conditions does not apply to purchase contracts concluded before the modification of the Terms and Conditions, even if the goods have not yet been delivered.

XIV. Compliance with legislation on the prevention of money laundering and terrorism financing

In accordance with the Law of March 1, 2018, on the prevention of money laundering and terrorism financing, PayU, as a financial institution, has the obligation to ensure that the documents, data, and information held about customers are constantly updated.

To comply with these regulations, users and partners of the www.suplimenteoriginale.ro platform may be requested to provide supporting documents, such as:

• Identity documents (ID card/passport) of legal representatives,
• Updating information regarding the address of the registered office,
• Other documents necessary for identity verification and fraud prevention.

If the necessary documents are not provided at the express request of PayU or the www.suplimenteoriginale.ro platform, there is a risk of restricting access to PayU payment services.