These General Terms and Conditions have been prepared and are intended to govern the relationship between:

“FITSPO NUTRITION” Ltd., registered in the Commercial Register at the Registry Agency with UIC: 206043697, with its registered office and address of management at: 176 Vasil Aprilov Blvd., Plovdiv, contact telephone: +359882523644, email: info@fitspo.zone, and website: www.fitspo.zone,  hereinafter referred to as the “Merchant”, and

Registered users who have subscribed to the programme via the website, hereinafter referred to as “Customers”, in connection with the performance of periodic deliveries on a subscription basis. The other documents governing the relationship between the Merchant and Customers in connection with the use of the website are the General Terms and Conditions of Use, the Privacy Policy, and the Cookie Policy.

Section I – Subject Matter and Scope

Art. 1. Subject matter of the loyalty programme

1. These General Terms and Conditions govern the rules and conditions for participation in the “Subscribe & Save” loyalty programme (hereinafter: “the Programme”), a subscription service offered by the Merchant that enables customers to receive selected products periodically, with automatic billing and at special pricing conditions.

2. The Programme is a standalone contractual document. It governs exclusively the subscription model, automatic payments, and the associated pricing benefits. All other matters - delivery, complaints, the right to withdraw from a specific order, warranties are governed by the General Terms and Conditions of the Merchant’s online store, to which this document refers and with which it is applied jointly.

3. In the event of a conflict between the two documents on a matter relating to the subscription, these Terms and Conditions shall prevail.

Art. 2. Parties

1. The Programme is entered into between the Merchant, on the one hand, and a natural person who has reached the age of 18 and is acting for personal purposes outside the scope of any commercial or professional activity, on the other hand. In these Terms and Conditions, such person is referred to as “customer” or “subscriber”.

2. Participation in the Programme is available only to natural persons who are consumers within the meaning of the Consumer Protection Act. Legal entities and sole traders may not benefit from the terms of the Programme, unless the Merchant has expressly provided otherwise.

Art. 3. Applicable law

1. The Programme is governed by Bulgarian law, including the Consumer Protection Act, the Payment Services and Payment Systems Act, the Electronic Commerce Act, and Regulation (EU) 2016/679 on the protection of personal data. The aforementioned legal instruments apply to all matters not expressly regulated herein.

Section II – Enrolment in the Programme

Art. 4. Conditions for participation

1. To enrol in the Programme, the customer must have an active registered account in the Merchant’s online store, a confirmed email address, and a valid payment instrument: a bank card. Participation is activated only when all of these conditions are met simultaneously.

2. The Merchant reserves the right to refuse enrolment in the Programme or to terminate the participation of a customer in respect of whom a prior breach of these Terms and Conditions or the General Terms and Conditions of the store has been established.

Art. 5. Subscription activation procedure

1. The subscription is activated by selecting the desired product, delivery frequency, and confirming the Programme’s terms and conditions. Prior to final confirmation, the customer is shown a summary containing the selected products, the delivery frequency, the price of the next order, and the date of the first billing.

2. The subscription is deemed concluded at the moment the customer clicks the confirmation button, which is clearly labelled to indicate that the action gives rise to a payment obligation. By taking this action, the customer expressly agrees that the Merchant will perform automatic periodic charges through the saved payment instrument, in accordance with the selected delivery frequency, until the subscription is terminated.

Art. 6. Subscription confirmation

1. Following activation of the subscription, the Merchant sends the customer an email confirmation containing: the selected products and their price, the delivery frequency, the date of the next billing, the payment instrument used, and a link to the subscription management page.

2. This confirmation constitutes a document on a durable medium within the meaning of the Consumer Protection Act and serves as evidence of the subscription agreement concluded. The customer is responsible for retaining it.

3. If the customer does not receive a confirmation within 24 hours of activation, they should contact the Merchant before the next scheduled billing.

Section III – Pricing and Subscription Benefits

Art. 7. Conditions for changing the subscription price

1. The price at which the customer activated the subscription remains unchanged for the entire period of their active participation in the Programme, regardless of any changes to the catalogue price of the product in the store. The only circumstances under which the subscription price may change are an explicit decision by the Merchant, implemented in accordance with Art. 8.

Art. 8. Change of subscription price by the Merchant

1. When the Merchant determines that a change to the subscription price of a specific product is necessary, the customer is notified by email no less than 14 days before the new price takes effect. The notice states the old and new price, the date of the change, and the method for terminating the subscription without penalty.

2. If the customer does not terminate the subscription before the stated date, they are deemed to have accepted the new price and the next billing will be processed at that price. If the customer terminates the subscription within the notice period, they owe nothing for unfulfilled future orders.

Art. 9. Programme benefits and conditions for their application

1. Participation in the Programme provides access to the following pricing benefits, subject to the conditions applicable to each:

1. Subscription discount of 25%, applied automatically to every subscription order while the subscription remains active.

2. Order value discount — 5%, applied automatically when the total order value exceeds 60 (sixty) euros. Where applicable, the BGN equivalent shall be determined at the official exchange rate of the Bulgarian National Bank as of the date of charge.

3. Cashback on card payment — 5%, credited as store credit to the Customer's account upon successful delivery and automatically deducted from the value of each subsequent subscription order. Where the accumulated credit is insufficient to cover the full order amount, the remaining balance shall be charged via the saved payment instrument in accordance with Art. 12.

4. Free delivery – for orders above BGN 55.00 (EUR 28.12), applied automatically.

    (2) No promotional codes, vouchers, or discounts other than those expressly   provided for in Art. 9, Para. 1, namely the 25% subscription discount, the 5% order value discount above 60 euros, and the 5% cashback may be applied to subscription orders under this Programme. Any other promotional code or discount entered at checkout shall not be applied.

Art. 10. Method of payment and restrictions regarding cashback

1. The 5% cashback on card payment is credited as store credit to the Customer's account and is automatically deducted from the value of each subsequent subscription order. The credit does not constitute a monetary sum, may not be withdrawn as cash, and may not be transferred to another account.

2. Where the accumulated store credit is insufficient to fully cover the amount due, the remaining balance shall be charged via the saved payment instrument. Accumulated store credit has no expiry date, except upon cancellation of the subscription, in which case Art. 20, Para. 3 shall apply.

Section IV – Automatic Payments

Art. 11. Consent to automatic billing

1. By activating the subscription, the customer gives express consent for the Merchant to perform periodic automatic charges through the saved payment instrument, a bank card or payment service provider account. This consent applies to all subsequent charges within the subscription, under the terms accepted at the time of activation. The customer may withdraw their consent at any time by terminating the subscription in accordance with Art. 19.

Art. 12. Pre-billing notification

1. The Merchant sends the customer an email with information about the upcoming payment no less than 5 days before each scheduled billing. The notification contains the date and amount of the charge, the products included in the order, the expected delivery date, and a link to the subscription management page, from which the customer may make changes or skip a specific delivery.

2. Changes to the order or a request to skip a delivery may be made no later than 48 hours before the billing date. Once this deadline has passed, the order is considered confirmed and enters the processing queue.

Art. 13. Technical issues with billing

1. The Merchant is not liable for a failed charge resulting from a technical issue on the part of the payment service provider, an expired card, a block imposed by the customer’s bank, or any other reason outside the Merchant’s control. In such cases, the procedure under Art. 14 applies regardless of the specific reason for the failure.

2. The customer’s payment data is stored exclusively by the licensed payment service provider and not by the Merchant. The Merchant does not have access to the full card details and cannot initiate a charge outside the scope of an active subscription.

Art. 14. Failed payment

1. In the event of a failed charge, the Merchant immediately sends the customer an email notification with a link to update their payment details. Delivery is held until the payment is successfully settled.

2. If the customer does not update their details within 1 day, the Merchant makes a second billing attempt. In the event of a second failure, a third and final attempt is made after a further 3 days. If the third attempt also fails, the subscription is automatically suspended and the customer receives an email with instructions for reactivation.

3. The Merchant is not liable for delayed delivery caused by an unsettled payment on the part of the customer. The held delivery is not compensated for and is not carried over to the next cycle, unless the customer has explicitly requested this and the Merchant has confirmed the possibility.

Section V – Subscription Management

Art. 15. Changes to products and delivery frequency

1. The customer may change the selected products and delivery frequency at any time through the subscription management page in their profile, provided that the change is made before the 48-hour deadline prior to the scheduled billing. Changes made after this deadline take effect from the following cycle, as the current order is already being processed.

Art. 16. Skipping a delivery

1. The customer may skip a specific delivery without affecting the remaining terms of the subscription, provided that the skip is requested no later than 48 hours before the scheduled billing. A request made after this deadline cannot be processed for the current cycle and will apply to the next one.

2. No more than 2 skipped deliveries at the customer’s initiative are permitted within any 12 consecutive months. This limit has been introduced to preserve the nature of the subscription model – the Programme is designed for regular customers, not for the periodic use of pricing benefits without a genuine commitment.

3. If the limit is exceeded, the Merchant may suspend the customer’s access to the Programme’s pricing benefits or terminate their participation entirely. Before taking either of these measures, the customer will receive an email notification with a 5-day response period, during which they may provide an explanation or contact the Merchant’s team.

Art. 17. Out-of-stock subscribed product

1. When a subscribed product is temporarily unavailable, the Merchant notifies the customer by email no later than the scheduled billing date, and the payment for that cycle is not processed until the situation is resolved.

2. The Merchant may offer an alternative product from the same category at a similar price. The offer does not automatically bind the customer – it takes effect only upon the customer’s express written confirmation. In the absence of a response within 5 days, the cycle is skipped and no charge is made.

Art. 18. Changes to the Programme terms by the Merchant

1. The Merchant may amend the terms of the Programme, including discount limits, delivery skip rules, and cashback calculation mechanisms. Any amendment is communicated to active subscribers by email no less than 14 days before it takes effect, and the notification explicitly states what is changing and from which date.

2. A customer who does not agree with the amendment may terminate the subscription without penalty at any time before the stated effective date. If the customer takes no action and the subscription remains active after that date, they are deemed to have accepted the new terms, which will apply from the next cycle onwards.

3. The Merchant maintains an archive of all previous versions of these Terms and Conditions. Upon a customer’s request, the version in force on a specific date will be provided within 5 business days. The current version of the Terms and Conditions is available at all times on the Merchant’s website.

Section VI – Termination of the Subscription

Art. 19. Customer’s right to terminate the subscription

1. The customer may terminate the subscription at any time, without stating a reason and without owing any penalty or cancellation fee, by using the subscription management page in their profile or by sending a written request to the Merchant at the contact email address provided.

Art. 20. Effect of termination

1. Termination takes immediate effect with respect to all future charges and deliveries, from the moment the request is submitted. This does not affect orders that are already being processed at the time of termination.

2. If termination is requested before the 48-hour deadline prior to the next scheduled billing, the payment is cancelled and the corresponding delivery is not made. If termination is requested after this deadline has passed, the last charge has already been processed and the corresponding delivery will proceed as normal,  the customer will receive it and may exercise their right  of withdrawal in accordance with Art. 22.

3. Accumulated cashback credit at the time of termination has no expiry and may be used for a one-time purchase in the Merchant’s store without requiring an active subscription. After this period, any unused credit is automatically voided.

4. Termination of the subscription is a separate legal act from the right of withdrawal from a specific already-processed order the two may be exercised simultaneously or independently of each other, in accordance with the relevant provisions of these Terms and Conditions.

Art. 21. Right of withdrawal from a subscription order

1. Each individual delivery under the subscription constitutes a separate purchase and is subject to the 14-day withdrawal period, calculated from the date of receipt, in accordance with the General Terms and Conditions of the Merchant’s store. Exercising the right of withdrawal in respect of an individual order does not terminate the subscription it continues with the next scheduled cycle, unless the customer has also explicitly requested termination in accordance with Art. 19.

2. Where the right of withdrawal is exercised in respect of an order paid by bank card, the Merchant refunds the amount paid for the order as well as the value of the cashback credit accrued on it. Any cashback credit already used by the customer is not subject to a separate monetary refund – it is credited back to the account and may only be used for a future purchase in the store.

3. Return shipping costs are borne by the customer, unless the returned product is defective, does not conform to its description, or was delivered in error by the Merchant.

Art. 22. Unilateral termination by the Merchant

1. The Merchant may terminate a customer’s participation in the Programme upon the occurrence of any of the following circumstances: three consecutive failed charges following exhaustion of the procedure under Art. 13; exceeding the delivery skip limit under Art. 16; or established misuse of the promotional mechanisms pursuant to Arts. 23–26.

2. Where termination is due to failed payments or an exceeded delivery skip limit, the Merchant notifies the customer by email and grants them a 5-day period to remedy the breach or provide a statement before the termination takes effect.

3. Where established misuse pursuant to Art. 23 is found, termination may be immediate and without prior notice; the customer is informed simultaneously with the termination taking effect. In such cases, all accumulated promotional benefits are voided without right to compensation.

4. Termination by the Merchant does not affect the customer’s right to receive already paid and processed orders, nor their right of withdrawal from the last delivery in accordance with these Terms and Conditions and the General Terms and Conditions of the store.

5. A customer whose participation has been terminated by the Merchant due to misuse may not re-enrol in the Programme, whether through their current account or a new one.

Section VII – Protection Against Misuse

Art. 23. What constitutes misuse

1. The Programme is designed for customers with a genuine interest in periodic purchasing, not as a mechanism for one-time extraction of maximum pricing benefits.

2. Misuse means any conduct aimed at the systematic receipt of promotional benefits without a genuine subscription commitment, including: repeatedly activating and terminating the subscription in order to take advantage of introductory terms; using multiple accounts to accumulate cashback or discounts and transferring promotional codes or credits to third-party accounts.

3. Where misuse is established, the Merchant voids all accumulated benefits associated with the breach and terminates the customer’s participation in the Programme with immediate effect. The customer does not lose their right to already paid and processed orders but may not re-enrol in the Programme.

Art. 24. Limits on promotional benefits

1. The direct discounts applied to the value of a subscription order namely the 25% subscription discount and the 5% order value discount above 60 euros may not be combined with any promotional codes or discounts other than those expressly provided for in these Terms. The 5% cashback constitutes a separate mechanism and is deducted automatically in accordance with Art. 10, Para. 1. Any amount exceeding the total order value shall not be paid out, credited as additional store credit, or carried over to a subsequent order.

2. The 5% card payment cashback is calculated on the amount actually paid after all other discounts have been applied, not on the catalogue price of the product.

Art. 25. Customer identification and prevention of multi-account misuse

(1)Each customer may participate in the Programme with one account only. For the purposes of detecting misuse pursuant to Art. 23, the Merchant uses automated risk assessment tools built into the trading platform, which analyse the customer’s behaviour and characteristics based on multiple indicators and determine the risk level associated with their activity. The results of this assessment may serve as grounds for taking the measures provided for in Arts. 23 and 24, including where multiple accounts linked to the same person are identified.

Section VIII – Personal Data Protection

Art. 26. Personal data processed within the Programme

1. In the context of the loyalty programme, the Merchant processes data that is strictly necessary for the operation of the subscription model order history, delivery frequency, skipped cycles, and behavioural data related to the use of promotional benefits. These data are used for subscription management, the sending of notifications, and the detection of misuse in accordance with Arts. 23–25.

2. The customer’s payment data, card details or payment service provider account credentials are stored and processed exclusively by the licensed payment service provider. The Merchant does not have access to the full payment details and works only with a tokenised identifier provided by the provider following the customer’s initial consent.

3. The processing of personal data within the Programme is carried out on the legal basis of performance of a contract within the meaning of Art. 6(1)(b) of Regulation (EU) 2016/679. The data are not disclosed to third parties other than the payment service provider and the courier service, except where required by law.

4. For the full terms governing the processing of personal data, including the customer’s rights as a data subject and the procedure for exercising those rights, the Merchant’s Privacy Policy applies. It is published on the Merchant’s website and forms an integral part of the contractual relationship between the parties.

Art. 27. Data retention

1. Data relating to the subscription are retained for a period of 5 years following its termination, to the extent necessary for the fulfilment of the Merchant’s legal obligations, including accounting and tax obligations, after which they are irreversibly deleted or anonymised.

Art. 28. Customer’s rights in relation to personal data

1. The customer has the right to request access to their personal data processed within the Programme, as well as their rectification or erasure, provided this does not conflict with a legal obligation of the Merchant. The request must be submitted in writing to the contact email address provided and will be processed within 30 days.

2. Upon termination of the subscription, the customer may request the erasure of data relating to their participation in the Programme, provided this does not affect data required for accounting, tax, or legal purposes. The Merchant will confirm the completion of the request within a reasonable timeframe.

3. If the customer considers that their rights have been infringed, they may lodge a complaint with the Commission for Personal Data Protection at: 2 Prof. Tsvetan Lazarov Blvd., Sofia.

Section IX – Liability and Force Majeure

Art. 29. Merchant’s liability for product quality

1. The Merchant is liable for the quality and conformity of the delivered products in accordance with the provisions of the General Terms and Conditions of the store, these Terms and Conditions do not limit or alter the customer’s rights in this regard in any way.

Art. 30. Limitation of liability for automatic payments

1. The Merchant is not liable for a failed or delayed charge caused by reasons outside its control including a technical issue on the part of the payment service provider, the expiry of the customer’s card, a transaction block imposed by the customer’s bank, or temporary unavailability of the payment infrastructure. In such cases, the procedure under Art. 14 applies, regardless of the specific reason for the failure.

2. The Merchant is also not liable for damages suffered by the customer as a result of delayed delivery directly caused by an unsettled payment on the customer’s part. Holding a delivery for an unpaid order does not constitute a breach of contractual obligation by the Merchant.

3. The Merchant’s liability under these Terms and Conditions is limited to the value of the specific subscription order in connection with which the dispute arose. The Merchant does not owe compensation for lost profits, indirect damages, or damages arising from decisions made by the customer based on an anticipated but unconfirmed change to the Programme’s terms.

4. Nothing in this Article excludes the Merchant’s liability in the event of intent or gross negligence, nor does it limit the customer’s statutory rights as a consumer within the meaning of the Consumer Protection Act.

Art. 31. Force majeure

1. Neither party shall be liable for failure to fulfil its obligations under the Programme if such failure is caused by circumstances outside that party’s reasonable control including natural disasters, war, epidemics, strikes, government restrictions, or large-scale technical failures affecting internet infrastructure or logistics networks.

2. The party affected by a force majeure event shall notify the other party within a reasonable time and shall take all available measures to mitigate the consequences. The subscription is considered temporarily suspended for the duration of the force majeure event, without consequence for either party.

3. If the force majeure event continues for more than 60 days, either party may terminate the subscription without penalty, and the customer is entitled to a refund for unfulfilled deliveries.

Section X – Final Provisions

Art. 32. Applicable law and dispute resolution

1. These Terms and Conditions are governed by Bulgarian law. In the event of a dispute between the Merchant and the customer, the parties shall first seek to resolve it by mutual agreement through direct communication using the Merchant’s contact details.

2. If the dispute is not resolved out of court, the customer may refer the matter to the Commission for Consumer Protection or use the online dispute resolution platform. The customer may also bring a claim before the competent court at their choice, either the court at the Merchant’s registered office or the court at the customer’s permanent address.

3. Nothing in this Article limits the customer’s right to seek redress from the competent regulatory authorities, including the Commission for Consumer Protection and the Commission for Personal Data Protection, in accordance with the relevant legislation.

Art. 33. Severability

1. If any provision of these Terms and Conditions is declared invalid or unenforceable by a competent court or authority, this shall not affect the validity of the remaining provisions they shall continue to apply in full. The invalid provision shall be replaced by the closest permissible legal rule that achieves the same purpose.

Art. 34. Entry into force and amendments to the Terms and Conditions

1. These Terms and Conditions enter into force on the date of their publication on the Merchant’s website and apply to all subscriptions activated after that date. For subscriptions activated before the date of publication of an amended version, the terms in force at the time of activation shall apply, unless the customer has explicitly accepted the new version in accordance with Art. 18.

2. Upon each amendment, the Merchant publishes the new version on its website with a clearly indicated effective date. Active subscribers are notified by email in accordance with Art. 18, and the notification includes a link to the full text of the new version along with a brief description of the material change.

3. The Merchant maintains an archive of all previous versions of the Terms and Conditions, available upon written request from the customer. The version in force on a specific date will be provided within 5 business days of receipt of the request.

4. The date of the last amendment to these Terms and Conditions is indicated at the end of the document and is updated with each new version.

Art. 35. Contact and communication

1. All communication between the Merchant and the customer in connection with the Programme shall be conducted in Bulgarian, unless the parties have expressly agreed otherwise. The official channel of communication is the email address provided by the customer upon registration of their account, and the Merchant’s contact email address as published on its website.

2. The customer is responsible for maintaining an up-to-date email address in their profile. Notifications sent to the last email address provided by the customer are deemed duly received, even if the customer has not read them due to an invalid address or a technical issue on their part.

3. The Merchant undertakes to respond to written enquiries relating to the Programme within 5 business days of receipt.