GENERAL CONDITIONS

I. GENERAL WEBSITE TERMS

General conditions for using the website www.prosper.bg

This website is owned by Desislava Hristova Dishleva, EIC 181285451, address: 1000. Sofia, Vitosha district, sq.. Simeonovo, he is. Lily of the valley 15B, meat. 4, app. 12 ("Website Owner"). By accessing the website prosper.bg (Internet site) and its use, the visitor to the Internet site declares, that he is familiar with these General Terms and Conditions, which are made public on the Internet site. The visitor to the Internet site is familiar, that by accessing and using the Internet site, he undertakes to comply with what is described in these General Terms and Conditions in their entirety.

Content of the Internet site.

The website contains information about consulting services, provided by Desislava Hristova Dishleva (hereinafter referred to as the "Services"), as well as copyright protected objects within the meaning of the Copyright and Related Rights Act, including but not limited to works of fine art, literary works, works of scientific and technical literature, of journalism and computer programs and audio-visual works - articles, seminars, online courses and programs, webinars, etc. (hereinafter referred to as the "Posts")”. The services, specified on this website, are provided in the order provided for each of them, disclosed in an appropriate manner by the Owner of the Internet site.

All information, placed on this website, is indicative. Accurate and correct information about the Services and the Posts can be obtained, by sending a request to the Owner of the Internet site using the means, published by the latter on the Internet site.

The information, posted on this website does not bind the Owner of the website in any way, as in case, that as a result of incomplete or inaccurate information provided on the Internet site, damages occur to the user of the Internet site and/or to third parties, The owner of the Internet site is not responsible to the user of the Internet site and/or the third party. The information, published on this website, does not create any legal obligations for the Owner of the Internet site and does not constitute an offer to provide services.

Although, that the Owner of the Internet site makes all reasonable efforts to guarantee and ensure the correctness of the information, published on the website, as well as its accuracy, The owner of the Internet site does not guarantee, and assumes no responsibility for accuracy, the completeness or authenticity of the information, published on this Internet site in its entirety or in respect of individual parts thereof. Like the website, as well as all information and materials, contained in it, are published in the species, in which they are actually formed and presented, without warranty of any kind - either express or implied, nor implied.

The owner of the Internet site reserves the right to amend and supplement at any time the information published on the Internet site in its entirety or in part, including, but not limited to the information regarding the Posts and the Services, their form and content.

Prices of the Services

All pricing information, contained in or provided through this website, is only for indicative information to the user of the Internet site and does not constitute an offer to provide Services.

Use and management of cookies (cookies).

The use and management of cookies (cookies) of the Website is subject to a separate Policy of the Owner of the Website for the use and management of cookies (cookies), posted on https://prosper.bg/politika-za-biskvitki/.

Privacy and protection of personal data.

The owner of the Internet site respects the right to privacy of individuals and processes personal data in compliance with the requirements of the General Regulation for the Protection of Personal Data (Regulation (EU) 2016/679). For more information, please read the Privacy Policy of the Website Owner's personal data, available at https://prosper.bg/politika-za-poveritelsnost/ ‎.

Copyright and intellectual property.

All content, published on the Internet site, including but not limited to all registered trademarks, works of fine art, such as logos and others, literary works, such as articles and others, audio-visual works and other objects protected by law, published on the Internet site, is the intellectual property of the Owner of the Internet site or of third parties, which have granted the Owner of the Internet site the right to use them. The user of the Internet site has no right to reproduce them, change, transmits, license or publish in whole or in part for any purpose, without the prior written consent of the Owner of the Internet site or the entitled third parties. Any use of them, including but not limited to retention, reproduction or distribution in any way without the written permission of the Owner of the Internet site or the authorized third parties is prohibited by law.

References.

The website contains and/or may contain links to other websites, which are completely independent of this Internet site. The owner of the Internet site does not claim or guarantee the accuracy, the completeness or authenticity of the information, contained in any such reference or website, different from the Internet site, and access to all other Internet sites, associated with references to the Internet site, is at the user's risk.

Limitation of Liability.

By accessing the Internet site, the user of the Internet site declares, that his access to the Internet site is entirely at his own risk and responsibility. The owner of the Internet site is not responsible for any damage caused to the user when accessing the Internet site, unless caused intentionally.

The owner of the Internet site is not responsible for the impossibility of providing the user with access to the Internet site in the event of circumstances beyond his control - cases of force majeure, random events, problems in the global network internet, a problem in the used hosting services and in the provision of the services beyond the control of the Owner of the Internet site.

The owner of the Internet site is not responsible for any disruptions or technical problems, hindering the use of the Internet site, as a result of exploitation of the user's equipment.

By accepting these General Terms and Conditions, the user of the Internet site declares, that he is aware of the possibility of possible interruptions and other types of difficulties when establishing the Internet connection to the Internet site, that may occur, regardless of the care taken by the Owner of the Internet site. The user declares, that it will not claim any compensation from the Owner of the Internet site, for lost benefits, damages or inconveniences suffered, due to the occurrence of the aforementioned interruptions or difficulties in the Internet connection, including the capacity of this connection.

The owner of the Internet site does not guarantee, that the user's access to the website will be uninterrupted, timely, secure and error free, as far as it is beyond his ability, control and will. The owner of the Internet site is not responsible for the loss of the stored information, system crashes or occurrence of technical problems, related to access to the Internet site.

Temporary sanctions.

The owner of the Internet site has the right to stop immediately and without notice, restricts and/or terminates a user's access to the Internet site, when the latter acts contrary to the law, these General Terms and Conditions, morals and good manners.

In the above cases, the Owner of the Internet site is not responsible for damages suffered and lost profits of the user of the Internet site or third parties, occurred as a result of the suspension, limiting and/or terminating the user's access to the website.

When there is sufficient reason to assume, that the act of the user of the Internet site could constitute a crime, The owner of the Internet site refers the competent state authorities, providing them with all the necessary information and materials, which would help to identify the perpetrator and prove the crime committed.

Benefits.

The user of the Internet site is obliged to indemnify the Owner of the Internet site and all third parties for all damages suffered and lost profits, including paid fines and property penalties, for any costs and attorneys' fees paid, occurred as a result of claims made by and/or compensation paid to third parties in connection with his access to the Internet site in violation of current legislation and these General Terms and Conditions.

Changes to the General Terms and Conditions.

The owner of the Internet site reserves the right to update these General Terms and Conditions at any time, when required by personal and/or business reasons, therefore calls on the user of the Internet site, with each visit to the Internet site, to familiarize himself with the version valid at the time of his visit, these General Terms and Conditions.

Receive inquiries and referrals.

By sending inquiries and/or recommendations to the Owner of the Internet site through the contact details indicated on the Internet site, the user of the Internet site agrees to this, that the Owner of the Internet site has the right, at your own discretion, to respond or not to respond to an inquiry made by the user of the Internet site, in whole or in part, respectively to comply or not to comply in whole or in part with the recommendations made by the user of the Internet site.

In case, that the Owner of the Internet site exercised his right to respond to an inquiry made by the user of the Internet site, the response of the Owner of the Internet site does not constitute provision of Services, as in case, that as a result of incomplete or inaccurate information, provided by the Owner of the Internet site in response to an inquiry of a user of the Internet site, damage to the user of the Internet site and/or to third parties, The owner of the Internet site is not responsible to the user of the Internet site and/or the third party. The information, provided by the Owner of the Internet site in response to an inquiry of a user of the Internet site, does not create any legal obligations for the Owner of the Internet site.

In case, that the Owner of the Internet site exercised his right to comply with the recommendations made by the user of the Internet site, The owner of the Internet site does not owe the latter remuneration for the recommendations made.

In case, that messages or messages of an advertising or other nature by persons are published on the Internet site, other than the Website Owner, its employees or subcontractors, The owner of the Internet site is not responsible for the content of these messages or messages.

Applicable law. Dispute Resolution.

The provisions of the current legislation of the Republic of Bulgaria shall apply to all matters not settled by these General Terms and Conditions.

All disputes arising in connection with the interpretation and application of these General Terms and Conditions shall be resolved in a spirit of understanding and goodwill. In case, that agreement is not reached, the dispute is referred to the competent Bulgarian court with its seat in the city of Sofia.

No Waiver of Rights.

In case, that the Owner of the Internet site does not fully or partially exercise his rights under these General Terms and Conditions, the complete or partial non-exercise of the rights of the Owner of the Internet site does not constitute a waiver of his rights under these General Terms and Conditions - as in relation to past, as well as with respect to future actions and/or inactions of a person. The receipt of compensation for violation of the provisions of these General Terms and Conditions should not be considered a waiver of rights by the Owner of the Internet site.

Divisibility.

Invalidity and unenforceability of any of the provisions of these General Terms and Conditions shall not affect the validity or applicability of the remaining provisions. If any of the provisions of these Terms and Conditions, or its application to a particular person, or a particular circumstance, renders it invalid or unenforceable, the same will be replaced by the relevant and adequate in content provision, which will enable them to be realized, as if they had been validly and enforceably formulated, the purpose and intent of the Website Owner, expressed by the invalid or unenforceable provision and this invalidity or unenforceability shall not affect the validity or applicability of the remaining provisions of the General Terms and their application to other persons, or circumstances, nor the validity or enforceability of the same provision, in any other jurisdiction.

II. GENERAL TERMS OF ELECTRONIC STORE

Item

These general conditions are intended to regulate the relations between Desislava Hristova Dishleva, hereinafter referred to as SUPPLIER for short, and the customers, hereinafter referred to as USERS, on the electronic store prosper.bg, hereinafter referred to as "ELECTRONIC STORE".

Supplier details

Information under the Electronic Commerce Act and the Consumer Protection Act:

  1. Name of the Provider: Desislava Hristova Dishleva
  2. Address: 1000. Sofia, Vitosha district, sq.. Simeonovo, he is. Lily of the valley 15B, meat. 4, app. 12
  3. Address for exercising the activity: 1000. Sofia, Vitosha district, sq.. Simeonovo, he is. Lily of the valley 15B, meat. 4, app. 12
  4. Correspondence data: desislava.hristova@prosper.bg
  5. Entry in public registers: EIC 181285451
  6. Supervisory authorities:

(1) Commission for the Protection of Personal Data: Address: Sofia 1592, is it. "Prof. Tsvetan Lazarov" no 2, 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 1000. Sofia, "Slaveykov" square №4A, Meat. 3, 4 And 6, tel.: 02 / 980 25 24, fax: 02 / 988 42 18, hotline: 0700 111 22, Website: www.kzp.bg

Features of an electronic store

The electronic store is available at the Internet address prosper.bg , through which the 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 view the ELECTRONIC STORE and use the additional services to provide information;
  2. To make electronic statements in connection with the conclusion or execution of contracts with ELECTRONIC STORE through the interface of the ELECTRONIC STORE page, available on the Internet;
  3. To conclude contracts for purchase and sale and delivery of the goods, offered by ELECTRONIC STORE;
  4. To make any payments in connection with the concluded contracts with ELECTRONIC STORE, according to the payment methods supported by ELECTRONIC STORE.
  5. To receive information about new goods, offered by ELECTRONIC STORE;
  6. To inspect the goods, their characteristics, prices and terms of delivery;
  7. To be informed of 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;

The Supplier delivers the goods and guarantees the rights of the Users, provided for in the law, within the bounds of good faith, adopted in practice, consumer or commercial law criteria and conditions.

The users conclude a contract for the purchase and sale of the goods, offered by the ELECTRONIC STORE through the Supplier's interface, available on its website or other means of remote communication.

By virtue of the contract concluded with the Users for the purchase and sale of goods, The Supplier undertakes to deliver and transfer ownership of the goods specified by him through the interface to the User.

The Users shall pay the Supplier remuneration for the delivered goods according to the terms, set on the ELECTRONIC STORE and these general terms and conditions. The reward is equal to the price, announced by the Provider at the address of the ELECTRONIC STORE on the Internet.

The Supplier delivers the goods requested by the Users within the terms and under the conditions, determined by the Provider on the e-shop page and according to these general terms and conditions.

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

The User and the Provider agree, that all statements between them in connection with the conclusion and execution of the sales contract can 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.

It is assumed, that electronic statements, carried out by the Users of the site, were carried out by the persons, specified in the data, provided by the User during registration, if the User has entered the corresponding access name and password.

Using an e-store

To use the ELECTRONIC STORE to conclude contracts for the purchase and sale of goods, The user should enter a username and password of his choice for remote access, in cases where the electronic store requires registration.

The name and password for remote access are determined by the User, by registering electronically on the Provider's website.

By filling in your data and pressing the buttons "Yes, accept” or “Registration”, The user declares, that he is familiar with these general conditions, agrees with their content and undertakes to abide by them unconditionally.

The Provider confirms the User's registration, by sending a letter to the email address specified by the User, to which registration activation information is also sent. The user confirms the registration and conclusion of the contract through an electronic reference in the letter, with which he is notified of the completed registration, sent by the Supplier. After the confirmation, the User's account is created and a contractual relationship is established between him and the Provider.

When registering, the User undertakes to provide correct and up-to-date data. The user promptly updates the data, specified in your registration, in case of change.

To use the full functionality of the Provider's online store, The user undertakes to register on the website of the electronic store. The supplier is not responsible, in case, due to lack of registration, the User could not use the full functionality of the electronic store, including in relation to the exercise of rights under the contract, ability to claim a lower price and other similar features.

The present general terms and conditions can be accepted by the Users even without registration in the ELECTRONIC STORE through an express declaration of will, including through the ELECTRONIC STORE site.

The email address, provided during the initial registration of the User, as well as any subsequent email address, used to exchange statements between the User and the Provider, is a "Primary Email Address" within the meaning of these Terms and Conditions. The User has the right to change his Primary Contact Email Address.

Upon receipt of a request to change the Primary Contact Email Address, The provider sends a request to confirm the change. The confirmation request is sent by the Provider to the new Primary contact email address specified by the User.

The change of the Primary contact e-mail address is carried out after confirmation by the User, expressed by reference, contained in the confirmation request, sent by the Provider to the new Primary contact email address specified by the User.

The Provider informs the User about the change, by email, sent to the Primary contact e-mail address specified by the User before making its change under para. 2.

The Provider shall not be liable to the User for unlawful change of the Primary Contact Email Address.

The Provider may require the User to use the Primary Contact Email Address in specific cases.

Technical steps for entering into a sales contract

Users primarily use the interface on the Provider's page, to enter into contracts for the purchase and sale of the goods offered by the Supplier in an ELECTRONIC STORE.

The contract is concluded in Bulgarian.

The contract between the Supplier and the User constitutes the present general terms and conditions, available on the ELECTRONIC STORE website.

Party to the contract with the Supplier 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 Supplier.

The provider includes in the interface of its Internet page, technical means for identifying and correcting errors when entering information, before the declaration of the conclusion of the contract is made.

This contract is considered concluded from the moment of the User's registration with the Provider or the acceptance of the general conditions in another express way, including through a statement on the Supplier'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 interface of the Supplier.

The statement of conclusion of the contract and the confirmation of its receipt are considered received, when their recipients are able to access them.

The supplier delivers the goods to the address specified by the Users and is not responsible in case, that the data provided by the Users is false or misleading.

The users conclude the purchase and sale contract with the Supplier according to the following procedure:

  1. Registering in the ELECTRONIC STORE and providing the necessary data, if the User has not yet registered in an ELECTRONIC STORE or by requesting a product without registering;
  2. Logging into the ELECTRONIC STORE ordering system by identifying with a name and password and another means of identification;
  3. Selecting one or more of the goods offered on the ELECTRONIC STORE and adding them to a list of goods for purchase;
  4. Provision of data for making the delivery;
  5. Choice of method and moment of payment of the price.
  6. Order confirmation;

Users can enter into a sales contract with the Provider without registration, using the relevant functionality in the e-store interface

Specific obligations of the supplier. Consumer protection

The rules of this section VI of these general conditions apply to Users, for which according to the data, indicated for the conclusion of the contract of sale or when registering in the ELECTRONIC STORE, can be inferred, 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 year.

The main characteristics of the goods, offered by the Supplier are defined in the profile of each product on the ELECTRONIC STORE website.

The price of the goods including all taxes is determined by the Supplier in the profile of each product on the ELECTRONIC STORE website.

The cost of postage and handling, not included in the price of the goods, are determined by the Provider and 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;

The payment method, delivery and performance of the contract is defined in these general terms and conditions, as well as the information, provided to the User on the Provider's website.

The information, provided to the Users under this Article is current at the time of its visualization on the Provider's website before the conclusion of the sales contract.

The supplier must state the conditions for delivery of the individual goods on his website.

The supplier indicates before concluding the contract the total value of the order for all the goods contained in it.

Users agree, that all information required by the Consumer Protection Act can be provided through the platform interface of the ELECTRONIC STORE or e-mail.

User 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. The User chooses independently whether to pay the Supplier the price for delivery of the goods before or at the time of their delivery.

The consumer has the right, without owing compensation or penalty and without assigning any reason, to withdraw from the concluded contract in time 14 days, starting from the date of acceptance of the goods through the single contract cancellation form, available on the Supplier's website. Information on exercising the right of withdrawal is available on the Supplier's website. Users can also use another unambiguous statement, which can be recorded on a durable medium.

The right of withdrawal does not apply in the following cases:

  1. for delivery of goods, made to order of the user or according to his individual requirements;
  2. for delivery of goods, which due to their nature may deteriorate in quality or have a short shelf life;
  3. for delivery of sealed goods, which are printed after their delivery and cannot be returned due to considerations, related to hygiene or health protection;
  4. for delivery of goods, which, after being delivered and due to their nature, have been mixed with other goods, from which they cannot be separated;
  5. for the supply of sealed sound or video recordings or sealed computer software, which are printed after delivery;
  6. for newspaper delivery, periodicals or magazines except for subscription contracts for the supply of such publications;
  7. to provide digital content, which is not provided on a physical medium, when performance has begun and the contract obliges the consumer to pay.

Performance is considered to have started from the moment the content is accessed by the User.

When the Provider has not fulfilled its obligations to provide information, defined in the Consumer Protection Act, The user has the right to withdraw from the concluded contract within a period of up to one year and 14 days, from the date of receipt of the goods. When the information is provided to the user within the opt-out period, it begins to run from the date of its provision. The User has the right to make the statement of withdrawal under this Article directly to the Provider through the single contract withdrawal form, available on the Supplier's website.

When the User has exercised his right of withdrawal from the contract at a distance or from the contract outside the commercial premises, The supplier refunds all amounts, received by the User, including shipping costs, without undue delay and no later than 14 days, as of the date, on which he was notified of the User's decision to withdraw from the contract. The supplier refunds the amounts received, using the same means of payment, used by the user in the initial transaction, unless the user has expressed his express consent to use another means of payment and provided that this is not associated with costs for the User.

When exercising the right of refusal, the costs of returning the delivered goods are at the user's expense and from the amount, which the User has paid under the contract, the costs of returning the goods are deducted. The supplier has no obligation to reimburse the additional costs of delivery of the goods, when the User has explicitly chosen a method of delivery of the goods, other than the cheapest form of standard shipping, offered by the Supplier.

The User undertakes to store the goods received from the Supplier and to ensure the preservation of their quality and safety during the period under paragraph. 1.

The User can exercise his right to withdraw from the contract with the Provider by sending a written statement to the Provider using the standard contract withdrawal form, available on the ELECTRONIC STORE site.

When the Supplier has not offered to collect the goods himself, he may withhold payment of the sums to the User until he receives the goods or until the User provides proof, that he sent the goods back, depending on that, whichever happened first.

The term of delivery of the goods and the starting time, from which it flows, is determined for each product separately when concluding the contract with the user through the Supplier's website, unless the goods are ordered in one delivery.

In case the user and the Supplier have not set a delivery time, the term of delivery of the goods is 30 working days, as of the date, following the sending of the user's order to the Supplier through the e-shop site.

If the Supplier cannot perform the contract because of this, that he does not have the ordered goods, he is obliged to notify the User of this and to refund the sums paid by him.

The supplier hands over the goods to the consumer after certifying the fulfillment of the requirements for providing information to the consumer according to the Consumer Protection Act.

The User and the Supplier certify the circumstances under para. 1 in writing at the time of delivery by handwritten signature, unless otherwise agreed.

The User and the Provider agree, that the requirements under para. 1 will be observed, if the authentication is done by a person, which, according to the circumstances, may be inferred, that he will pass on the information to the user - a party to the contract.

Other conditions

The Supplier delivers and hands over the goods to the User within the time limit specified at the conclusion of the contract.

The User must inspect the goods at the time of delivery and handover by the Supplier and if it does not meet the requirements, notify the Supplier immediately.

Protection of personal data

The Provider takes measures to protect the User's personal data in accordance with the Personal Data Protection Act.

For reasons of security of the Users' personal data, The supplier will send the data only to an e-mail address, which was indicated by the Users at the time of registration.

The provider accepts and announces on its website a Policy for the protection of personal data.

Users agree, that the Provider has the right to process their personal data, necessary for the fulfillment of orders in the electronic store and the execution of the contract.

At any moment, The Provider has the right to require the User to identify himself and to certify the authenticity of each of the circumstances and personal data announced during registration.

In case, that for some reason the User has forgotten or lost their username and password, The Provider has the right to apply the announced Procedure for lost or forgotten names and passwords.

Amendment and access to the general conditions

These general conditions may be amended by the Supplier, of which the latter will notify all Users in an appropriate manner, who have registration. The Provider and the User agree, that any addition and amendment to these general terms and conditions will be effective against the User after the Provider has expressly notified him and if the User does not declare within the 30-day period granted to him, that he rejects them.

User agrees, that all statements of the Supplier, in connection with the amendment of these general conditions will be sent to the e-mail address, specified by the User, upon registration. User agrees, that emails, sent under the order of this Article do not need to be signed with an electronic signature, to have an effect on him.

The provider publishes these general terms and conditions on its website together with all additions and amendments to them.

Termination

These general terms and conditions and the User's contract with the Provider are 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 notice from either party in the event of default of the other party;

in case of objective inability of one of the parties to the contract to fulfill its obligations;

when the equipment is seized or sealed by government authorities;

in case of deletion of the User's registration on the ELECTRONIC STORE site. In this case, the concluded, but unexecuted sales contracts remain in force and enforceable;

In case of exercising the right of refusal according to Art. 55, take. 1 from 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 relevant category of goods.

Other conditions

The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.

The provisions of the current legislation of the Republic of Bulgaria shall apply to all matters not settled by these General Terms and Conditions.

All disputes arising in connection with the interpretation and application of these General Terms and Conditions shall be resolved in a spirit of understanding and goodwill. In case, that agreement is not reached, the dispute is referred to the competent Bulgarian court with its seat in the city of Sofia.