These General Terms and Conditions govern the relationship between Orania Zentrum EOOD, hereinafter referred to as the “Merchant”, on the one hand, and the buyers of goods and consumers of services on the website www.orania-zentrum.bg and www.orania-shop.bg, hereinafter referred to as the “Consumers”, on the other hand.
“ORANIA ZENTRUM” EOOD is a company registered under the Commercial Code of the Republic of Bulgaria with company number 202007508, address: Sofia, Prof. Atanas Ishirkov Str. 7, App. 48, e-mail: orania-zentrum@abv.bg.
Please read the published Terms and Conditions in full before using the information and commercial services (hereinafter referred to as “Services”) offered on the Website.
This document contains information about the activities of ORANIA ZENTRUM EOOD and the general conditions for consuming the services offered by ORANIA ZENTRUM EOOD and govern the relationship between us and each of our consumers.
The confirmation of the General Terms and Conditions is a necessary and compulsory condition for the conclusion of the contract between the Consumer and the Merchant.
By accepting the General Terms and Conditions, the Consumer agrees to the processing of his/her personal data on the basis of the contract concluded between him/her and the Merchant.
Definitions
For the purposes of these Terms and Conditions, the following terms shall have the following meanings:
Website – www.orania-zentrum.bg and all its sub-pages.
Consumer – any natural person who acquires goods or uses services which are not intended for carrying out a business or professional activity, and any natural person who, as a party to a contract under this Act, acts outside his business or professional activity.
Terms and Conditions – these Terms and Conditions, which include terms of use, cookies, registration and shipping policies, voluntary dispute resolution, cancellation and exchange forms, and any other legally relevant information found on the Website.
Commercial services – sale of goods and services.
Personal data – information about an individual that reveals his or her physical, mental, spiritual, family, economic, cultural or social identity.
Goods – movable tangible property, with the exception of goods sold under enforcement or by other measures by bodies authorized by law, as well as goods abandoned or confiscated for the benefit of the state, declared for sale by state bodies. Water, gas and electricity, when offered for sale, packaged in a limited volume or quantity, are also goods.
Contract of sale – a contract under which the merchant transfers or undertakes to transfer ownership of goods to the consumer and the consumer pays or undertakes to pay the price for them, including contracts having as their object both goods and services.
Service – any tangible or intellectual activity that is performed independently, is intended for another person and does not have as its primary object the transfer of ownership of a product.
Service contract – a contract, other than a contract of sale, under which the merchant provides or undertakes to provide a service to the consumer and the consumer pays or undertakes to pay the price for it.
Alternative Dispute Resolution – a procedure for the out-of-court settlement of consumer disputes that complies with legal requirements and is conducted by an alternative consumer dispute resolution body.
Services offered
1. On the Website, Consumers have the opportunity to conclude contracts for services as well as for the purchase and delivery of goods offered by the Merchant.
1.1 The services offered by the Merchant consist in organizing and conducting face-to-face and remote (electronically conducted) events, including: seminars, lectures, trainings, workshops, evening events and courses, trips (hereinafter referred to as “Event”) for consumers, entrepreneurs and legal entities.
1.2 The services and goods offered by the Merchant through the Website are intended for both natural persons and representatives of legal persons, and when ordering goods or services, the Consumer should specify in what capacity he/she is entering into a contract with the Merchant.
Order
2. Consumers use the Website Platform to conclude contracts with the Merchant for the goods and services offered.
2.1 The contract for the purchase of goods or services is deemed concluded from the moment the Merchant confirms the order.
2.2 In case of unavailability of goods or inability to provide services, the Merchant reserves the right to refuse the order.
2.3 After the Consumer has selected one or more goods or services offered on the Merchant’s website, he has to add them to his list of goods or services to be purchased.
2.4. the Consumer has to provide delivery details and select the method and time of payment of the price and then confirm the order through the website interface.
2.5 When an order is placed, the Consumer will receive an email confirmation that their order has been accepted.
3. The Merchant has the right to refuse to enter into a contract with an incorrect Consumer.
3.1 The Merchant has the right to treat a consumer as incorrect if:
1. if the Consumer does not comply with the General Terms and Conditions;
2. there is improper, arrogant or discourteous behaviour towards the Merchant’s representatives;
3. systematic mistreatment of the Merchant by the Consumer is detected.
3.2 A contract for the order of services (participation in an event) is concluded by a written or online event registration (online, in writing by post ). The Consumer can book events via the homepage of www.orania-zentrum.bg or via the corresponding sub-page set up for the purpose of registration for the respective event.
3.3 Pursuant to the contract referred to in the preceding paragraph, the merchant undertakes to hold the said event for which the consumer has registered and the consumer undertakes to pay a fee for participation in that event. The specific conditions for the event are set out in the relevant information on www.orania-zentrum.bg.
3.4 Payment of the registration fee for the Event, where provided by the Merchant, shall be part of the de facto conclusion of the Contract.
3.5 Each participant is responsible for his/her own actions and decisions when registering and participating in an Event. Participation in the Events offered is voluntary. The courses serve to provide knowledge and self-awareness in varying depths. The courses are not therapy or treatment. The Merchant does not guarantee any particular outcome resulting from participation in any particular training.
Execution and Cancellation
4. The Consumer agrees that when ordering goods on the Merchant’s website, the Merchant may engage a third party to perform the contract in order to deliver the ordered goods to the Consumer. The involvement of a subcontractor does not require the consumer’s consent.
4.1 The subcontractors used by the Merchant are not party to the contract between the Merchant and the Consumer.
4.2 The Merchant reserves the right to refuse to provide services in the event of unilateral cancellation of an event due to insufficient demand or insufficient number of participants (no later than 5 days prior to the scheduled date of the event) or for other important reasons for which the Merchant is not responsible.
4.3 The Merchant shall notify the Consumer immediately and refund any participation fees already paid. Further liability and compensation claims are excluded, unless there is intent or gross negligence on the part of the Merchant.
4.4 The Merchant shall not be liable for any damages suffered by the Consumer, including direct or indirect damages, also not for loss of profit, resulting from the cancellation of an Event in accordance with the conditions set out in this section.
4.5 The Merchant reserves the right to make necessary changes or deviations in content and in organization before or during the Event, provided that these do not significantly alter the benefits of the advertised Event. In the event of an emergency (e.g. illness, accident), the Merchant is entitled to replace the intended speaker with another person who is also qualified for the advertised topic.
4.6 In case of any change according to the previous paragraph, the Merchant shall inform the Consumers who have registered for the event in time.
4.7 All events conducted by foreign language speakers will be translated by qualified translators.
4.8 The Merchant has the right to refuse a registration for an Event without giving any reason. In this case, any fees already paid for the event will be refunded in full.
4.9 Consumers may not attend events in order to do business or to promote such business to other event participants. In the case of a breach of this clause, the Merchant may deny the relevant Consumer access to or restrict the Consumer within the Event. In such cases, the Consumer shall not be entitled to a refund of the fee paid.
4.10. The Merchant also has the right to restrict the access of Consumers to Events if they disrupt the course of the Event by their behaviour. Such disruption is always present, but not limited to, if the Consumers behave indecently or hinder the Event in any way by acting against morals or good customs.
4.11. The Merchant selects qualified speakers for the Events in their respective fields of expertise. However, the Merchant accepts no liability for the accuracy, actuality or completeness of the content of the Event, the Event materials or the achievement of the particular objective pursued by the participating Consumer.
4.12. The Consumer expressly agrees that the Events offered are not a substitute for medical or psychotherapeutic treatment.
4.13. Each consumer decides for him/herself to what extent he/she will engage in the processes of self-awareness and transformation that are part of the events.
4.14. By attending an event, the consumer agrees to be filmed by the Merchant as a participant in the event, including on video. The footage may be used by the Merchant for marketing purposes. Claims for commission or other remuneration are generally excluded, unless otherwise agreed in writing in advance. However, the Consumer shall have the right to expressly object to such use in advance.
Prices
6. The prices of the goods or services offered shall be those shown on the Merchant’s website at the time the order is placed, unless there is an obvious error.
6.1 The prices of the Goods and Services include VAT where chargeable.
6.2 The Merchant reserves the right to change the prices of the goods and services offered on the website at any time without notice and such changes will not affect orders already placed.
6.3 The Merchant may provide discounts for the goods and services offered on the website, in accordance with Bulgarian law and the rules set by the Merchant. The rules applicable to such discounts can be found where the discount is displayed. Discounts may be provided in various forms (e.g. promotions, loyalty discounts provided individually, at random or as a result of participation in a competition or customer survey).
6.4 Different types of discounts cannot be combined when ordering and purchasing the same product/service. The conditions for claiming discounts are published on www.orania-zentrum.bg.
6.5 The Merchant reserves the right to offer free (charity) tickets for participation in events organised via www.orania-zentrum.bg. The conditions for this participation include registration, but do not require payment as part of the actual order. The conditions for free participation in events are explicitly stated on www.orania-zentrum.bg.
Payment
7. If the Consumer returns goods or services with the right to a refund for any reason, the price to be refunded will be reduced by the value of the discount received, which will be applied to the goods, and only the amount actually paid will be refunded.
8. The Consumer may choose to pay the price of the Goods/Services ordered using any of the options listed on the website. On the website it is possible to pay by the following methods:
– Bank transfer;
– Payment by bank card or card of a payment operator;
– Via the services of the payment operator PayPal.
9. Payment by bank transfer shall be deemed to be completed at the moment of crediting the Merchant’s bank account and when the payment is accompanied by sufficient information to allow the Merchant to identify the Consumer’s order.
10. If the Consumer chooses a payment method involving a third party payment service provider, the Consumer may be bound by that third party’s terms and conditions and/or fees.
11. The Merchant shall not be liable if a payment method involving a third party payment service provider is unavailable or otherwise non-functional for reasons not attributable to the Merchant.
Withdrawal and exchange
12. The Consumer has the right to withdraw from the contract without giving any reason and without compensation or penalty within 14 days from the date of acceptance of the goods by the Consumer or a third party and in the case of a service contract – from the conclusion of the service contract.
13. In order to exercise his right under this clause, the Consumer has to clearly notify the Merchant of his decision to withdraw from the contract by identifying individually the goods he wishes to return and giving full details of the order and the delivery made, including but not limited to: the content and value of the order, the details of the person who made the order, the details of the person who accepted the delivery and the date of delivery.
14. The Consumer must return the goods at his/her own expense, together with the receipt and invoice (if any), to the Merchant or to a person authorised by the latter within 14 days of the day on which he/she exercised his/her right of withdrawal.
15. Upon return, the goods have to be in their original packaging and must not show any signs of usage or deterioration in appearance.
16. The Merchant is entitled to defer the refund until he has received the goods back or until proof has been provided that the goods have been sent back, whichever is the sooner.
17. If the Consumer fails to fulfil his obligation to return the goods without informing the Merchant of the delay and without giving a valid reason for doing so, he shall be deemed to have revoked his declaration of exercise of the right of withdrawal.
18. Where the Merchant has incurred costs in connection with the execution of the Contract and the Consumer withdraws from the Contract, the Merchant shall be entitled to retain the relevant amount for the costs incurred or to demand payment thereof.
19. The Consumer shall not be entitled to withdraw from the contract if the subject matter of the contract are:
1) products with an energetic charge;
2) for the provision of services (on-site and online events, classes, Protection Club and other digital products) where the service has been fully provided and its performance has begun with the Consumer’s explicit prior consent and confirmation on his/her part that he/she knows that he/she will lose his/her right of withdrawal once the contract has been fully performed by the Merchant;
3) for the delivery of goods made to the consumer’s order or according to his individual requirements;
4) for the delivery of goods which, by their nature, may deteriorate or have a short shelf life;
5) for the delivery of sealed goods which are unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
6) for the provision of digital content which is not delivered on a tangible medium, where performance has been initiated with the explicit consent of the Consumer, who has confirmed that he/she is aware that he/she will thereby lose his/her right of withdrawal;
7) for the provision of accommodation services which are not for the purpose of living, the transport of goods, the rental of cars, catering services or the provision of services related to leisure activities, if the contract sets a specific date or time period for performance;
8) for the provision of rental services, entertainment services and catering or restaurant services with a predetermined date.
20. The Merchant shall refund the price paid by the Consumer for the returned goods.
20.1 If the Consumer has made a payment under the Contract by bank card and exercised his/her right of withdrawal, the refund shall be made by chargeback to the card with which the payment was made within 7 working days.
Guarantees and Warranties
21. The Consumer has the right to claim for any non-conformity of the goods with the agreed/ordered, when after delivery, discrepancies with the contract of sale are found.
22. The Merchant shall not be liable for any colour difference due to natural variations in colour reproduction of different monitor models.
23. The Merchant shall not be held liable for any size difference up to 2 cm.
24. The Merchant is not responsible for the natural wear and tear of the goods.
25. Any non-conformity of the consumer goods with the contract of sale which becomes apparent within 6 months after delivery of the goods shall be deemed to have existed when the goods were delivered, unless it is proved that the lack of conformity is due to the nature of the goods or to the nature of the non-conformity.
26. The Consumer may not dispute the conformity of the consumer goods with the contract of sale where:
1. he/she knew or could not have been unaware of the non-conformity when concluding the contract;
2. the non-conformity is due to materials provided by the Consumer.
27. The Consumer shall have the right to claim the goods or services regardless of whether the manufacturer or merchant has provided a commercial guarantee for the goods or services.
28. Where the claim is settled by replacing the goods with other goods conforming to the agreed terms, the Merchant will provide the Consumer with the original guarantee terms.
29. When making a claim, the consumer may request a refund of the amount paid, exchange of the good for another good that complies with the agreed price, or a price reduction.
30. Claims shall be made orally to the telephone number provided by the Merchant or in writing via the email provided, by post or delivered to the address of the Company.
31. When submitting a claim, the Consumer shall indicate the subject matter of the claim, his/her preferred method of settling the claim, respectively the amount claimed, and the address, telephone number and email for contact.
32. When submitting a claim, the Consumer must attach the documents on which the claim is based, namely:
1. a receipt or invoice;
2. reports, acts or other documents establishing the non-conformity of the goods with the agreed;
3. other documents proving the reason for and amount of the claim.
33. A complaint for consumer goods may be made up to two years from the delivery of the goods, but not later than two months from the establishment of the non-conformity with the contract.
34. The time limit is suspended for the period needed by the Merchant and the Consumer to reach an agreement to settle the dispute.
35. If the Merchant has provided a commercial guarantee of the goods and the period of the guarantee is longer than the time limits for making a claim under paragraph 1., the claim may be made until the expiry of the commercial guarantee.
36. The submission of a complaint shall not preclude a claim.
37. The Merchant shall keep a register of complaints. A document shall be sent to the Consumer at the email address indicated by him/her, in which the number of the complaint from the register and the type of goods are indicated.
38. When the Merchant has fulfilled the complaint, he shall issue a corresponding certificate, which shall be made in duplicate, and provide one copy to the Consumer.
39. In the event of a justified complaint, the Merchant is obliged to bring the goods into conformity with the purchase contract within one month of the consumer’s complaint.
39.1. If the goods have not been repaired after the expiry of the period referred to in the preceding paragraph, the Consumer shall have the right to cancel the contract and to be refunded the amount paid or to claim a reduction in the price of the consumer goods pursuant to Article 114 of the Consumer Protection Act.
39.2. Bringing the consumer goods into conformity with the contract of sale shall be free of charge for the Consumer. He/she shall not be liable for the costs of dispatch of the consumer goods or for materials and labour related to their repair and shall not suffer any significant inconvenience.
40. In the event of non-conformity of the consumer goods with the contract of sale and where the Consumer is not satisfied with the resolution of the complaint, he shall be entitled to choose between one of the following options:
1) cancellation of the contract and refund of the amount paid by him / her
2) reduction of the price.
41. The Consumer may not claim a refund of the amount paid or a reduction in the price of the goods when the Merchant agrees to replace the consumer goods with new ones or to repair the goods within one month of the Consumer making the complaint.
42. The Merchant shall be obliged to grant a request for cancellation of the contract and to refund the amount paid by the Consumer where, after having satisfied three consumer complaints by repairing the same goods within the warranty period, there is a subsequent occurrence of non-conformity of the goods with the contract of sale.
43. The Consumer may not claim termination of the contract if the non-conformity of the consumer goods with the contract is minor.
Intellectual property
44. The intellectual property rights in all materials and resources located on the Merchant’s website (including the available databases) are protected under the Copyright and Related Rights Act, belong to the Merchant or the appropriately designated person who has assigned the right of use to the Merchant, and may not be used in violation of applicable law.
45. In the event of copying or reproduction of information outside the permitted scope, as well as in the event of any other infringement of intellectual property rights on the Merchant’s resources, the Merchant shall be entitled to claim compensation for direct and indirect damages in full.
46. Unless expressly agreed, the Consumer may not reproduce, modify, delete, publish, distribute or otherwise disclose the information resources published on the Merchant’s website.
47. The Merchant undertakes to exercise due diligence to ensure that the Consumer is able to properly access the services provided.
48. The Merchant reserves the right to suspend access to the services provided. The Merchant has the right, but not the obligation, at his own discretion, to delete information resources and materials published on his website.
Termination and Cancellation of the Contract
49. The Merchant shall have the right to terminate the Contract unilaterally at his own discretion, without giving notice, if he finds that the services provided are being used in violation of these General Terms and Conditions, the legislation of the Republic of Bulgaria and the generally accepted moral norms.
50. Except for the cases provided for in these General Terms and Conditions, the contract between the parties shall also be terminated if the Merchant ceases his activity or no longer maintains his website.
51. Except as provided above, either party may terminate this contract by giving one week’s notice to the other party in the event of failure to perform their obligations under the contract.
52. The written form of the contract shall be deemed to have been complied with by sending a message by electronic mail (e-mail), pressing an electronic button on a content page, that is filled in or selected by the Consumer or ticking a box (check box) on the website, etc., as long as the statement is recorded technically in a way that makes it possible to reproduce it.
Salvatory Clause
53. The parties declare that, in the event that any clause(s) under these Terms and Conditions should prove to be invalid, this shall not invalidate the entire contract or any other parts thereof. The invalid clause will be superseded by mandatory rules of law or established practice.
Amendment of the General Terms and Conditions (GTC)
54. The Merchant shall notify the Consumers of any amendment to these General Terms and Conditions within 7 days of the occurrence of such circumstance to the email address provided by the Consumer.
55. Where the Consumer does not agree with the amendments to the General Terms and Conditions, the Consumer shall have the right to withdraw from the contract without giving any reason and without being liable for any compensation or penalty. In order to exercise this right, the Consumer shall notify the Merchant within one month of receipt of the notice referred to in the preceding Article.
56. In the event that the Consumer does not exercise his/her right to withdraw from the contract in the procedure set out in these General Terms and Conditions, the amendment shall be deemed to have been accepted by the Consumer without objection
Applicable law
57. All matters not regulated by these General Terms and Conditions shall be governed by the provisions of the applicable legislation of the Republic of Bulgaria.
