- INTRODUCTION
1.1. Welcome to www.fitsponutrition.com (the “Website” or “Website”), which is owned and operated by Fitspo Nutrition Ltd. and is available worldwide. By using this website, you warrant that you are at least 18 years of age and agree to these website general terms and conditions. By accessing and using this website, you agree to be bound by these Terms and Conditions, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained on this website are protected by applicable copyright and trademark law.
1.2. Please read these terms and conditions carefully before using this website and in case you have any questions, please contact us at:
“FITSPO NUTRITION” LTD, Registration ID: 206043697
Address: 176, “Vasil Aprilov” Blvd.4027 Northern Industrial Zone, City: Plovdiv, Country: Bulgaria
Tel.: +359884 613 734, web: www.fitsponutrition.com, e-mail: info@fitsponutrition.com
2. PURPOSE AND SCOPE
2.1. Current “General Terms and Conditions” have been drawn up and are intended to regulate the relations between Fitspo Nutrition Ltd. as a sole owner of the Website, registered in the Commercial Register at the Registration Agency with EIC: 206043697, with headquarters and management address: Plovdiv, 176 Vasil Aprilov Blvd., contact phone number: +359884 613 734, e-mail: info@fitsponutrition.com and website: www.fitsponutrition.com , hereinafter referred to for short as “Supplier”, and the Users of the website, hereinafter referred to as “User/s” in relation to use on the website. The other documents that govern the relationship between the Provider and the Users in connection with the use of the website are the Privacy Policy and the Cookie Policy.
2.2. These General Terms and Conditions come into force from the moment the User first uses the website. The general conditions apply to each visit and use of the website and are valid until the use of the website is stopped. The user undertakes the responsibility to use the website and all the provided content of the website lawfully, in accordance with the conditions specified in these General Terms and Conditions and according to its purpose.
3. DEFINITIONS
3.1. In terms of these General Terms and Conditions:
- SUPPLIER means Fitspo Nutrition Ltd.
- USER means any of the following enlisted bellow:
- visitors to the website www.fitsponutrition.com;
- the person who purchased goods from the Supplier’s electronic store;
- the person who has subscribed to receive a newsletter.
- CONTACT FORM a form is provided in electronic form, the complete completion of which is a condition for making contact with the Supplier.
- NEWSLETTER SUBSCRIPTION is the inclusion of the User’s e-mail address in a list to which e-mail address is sent up-to-date information about the goods offered by the Supplier.
- 3.2. These General Terms and Conditions provide information to Users regarding:
- Supplier identification;
- Subject of the General Terms and Conditions;
- The characteristics of the website;
- Methods of ordering goods;
- Prices and payment methods;
- Order cancellation;
- Delivery
- Refusal of delivery;
- Returning of goods;
- Reimbursement of payments;
- Force majeure circumstances;
- User rights and obligations;
- Supplier rights and obligations;
- personal data processing;
- Release of liability;
- Links to third party sites;
- Newsletter;
- Intellectual property rights;
- Final provisions.
4. SUPPLIER IDENTIFICATION - Name of the Supplier: “FITSPO NUTRITION” LTD, Registration ID: 206043697.
- Headquarters and management address: Country: Bulgaria, city of Plovdiv, 176 Vasil Aprilov Blvd.
- Correspondence data: contact phone: +359884 613 734, e-mail: info@fitsponutrition.com
- Data for entry in commercial and other public registers: “FITSPO NUTRITION” LTD. is a commercial company registered in the Commercial Register at the Registration Agency with EIC: 206043697. The company is registered under VAT.
5. SUPERVISING AUTHORITIES
Commission for Personal Data Protection
Address: Bulgaria, Sofia, Prof. Tsvetan Lazarov” No. 2
phone: 02/91-53-519
fax: 02/91-53-525
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
Consumer Protection Commission
Address: Bulgaria, 1000 Sofia, “Slaveikov” square #4A, floor 3, 4 and 6,
phone: 02/933 0565, fax: 02 / 988 42 18, hotline: 0700 111 22
Email: info@kzp.bg, Website: www.kzp.bg
6. SCOPE
6.1. The Supplier has created the website www.fitsponutrition.com, which contains detailed information about the goods offered by the Supplier to the Users.
6.2. The Provider provides and the User undertakes to use the website according to the conditions described in these General Terms and Conditions.
6.3. In his professional activity, the Provider fully guarantees the rights of the Users provided for by law, as an additional corrective to his activity namely: good faith, as well as consumer and commercial criteria established as good practices.
7. WEBSITE FEATURES
7.1. The website is an electronic store for the sale of protein bars, energy oat bars, energy bars, 100% natural foods. It is created to inform the Users about the goods offered by the Supplier and to be in contact with the Supplier in the event that the User wishes to purchase any of the goods offered on the website or to have his e-mail address included in a list on which address, up-to-date information about the goods offered by the Supplier is sent.
7.2. The main characteristics of the offered goods are indicated individually in the relevant profile of the goods selected by the User.
7.3. The website includes comprehensive information about:
– Identification of Supplier;
– All types of goods that the Supplier offers to User;
– Contact information of the Supplier.
7.4. Services provided to the User:
Within the website, Users can perform the following:
- view the content of the website;
- purchase goods offered by the Supplier remotely through the supplier’s electronic store;
- make payments for goods purchased from the electronic store;
- post comments about purchased goods;
- evaluate purchased goods;
- receive information and promotions about the goods offered by the Supplier.
7.5. The Supplier provides remote sale of the goods specified in the electronic store.- 7.6. The Supplier provides detailed information to the Users about each product offered for sale in the electronic store.
8. ORDERS
8.1. The services offered on the website are intended to be used by Users who are of legal age and able to act. By accepting these general conditions, the User declares that he complies with these conditions. - 8.2. Orders can be placed by Users using the web site the electronic store 24 hours a day, seven days a week. Please not that such functionality is subject to site availability. See: ref
- 8.3. To place an order from the e-store, Users need to directly select desired product, indicate what quantity of the selected product they would like to purchase, then press the “Add to Cart” button, after that then have to click the “Payment” button. After clicking the “Payment” button, the User are required to provide billing and shipping information, and also has the option to subscribe to a provider newsletter. The user has the option to decide whether he wants to store the provided delivery information for future purchases. Once provided the required billing and shipping information, the User should click the “Place order” button, then the “Proceed to payment” button. Next, the User should be redirected to a secure form where the actual payment should take place. Please not that the actual payment is performed by authorized payment provider and no payment including bank information is stored by the Supplier.
- 8.4. The Supplier should confirm the acceptance of the orders placed by the User by sending an e-mail to the e-mail address provided by the User. The confirmation information should indicate whether the order has been accepted by the Supplier or not. The confirmation sent by e-mail contains information about the order number, date and time when the order was placed, the ordered goods, size and quantity. The order confirmation sent by e-mail is considered to be the conclusion of a contract for the purchase and sale of goods at a distance. The confirmation sent by the Supplier to the User is considered to have entered into force when it was sent to the electronic address specified by the User, regardless of the fact that the e-mail sent did not reach the User.
- 8.5. The supplier has the right to cancel any orders which it has a reason to believe may contain incorrect billing or delivery order data. In such case the Supplier shall notify the User of missing or incorrect order data. If the User fails to provide the required complete or correct data within 48 hours of the notification, the Supplier has the right to cancel the order.
- 9. PRICES AND PAYMENT METHODS
9.1. The prices of the goods offered for sale in the Supplier’s electronic store are indicated in EURO. The indicated prices are for a single box and does not include the costs of delivery of the ordered goods. Shipping cost is calculated at checkout. - 9.2. Payments for the ordered goods can be made only by acceptable by the payment provider credit or debit cards;
- 9.3. The payments are processed by Stripe Payments Europe, Limited (“SPEL”) and are subject to additional 5% tax. “The payment provider is authorized to provide payment Services” by the means the Services that the Central Bank of Ireland, which are listed at:
- http://registers.centralbank.ie/FirmRegisterDataPage.aspx?firmReferenceNumber=C187865®ister=63.”
- 9.4. The User shall pay the Supplier in advance, upon Order submission, the entire price of the ordered goods through the electronic store. In the event of payment with a currency of the card different from the currency of the payment, the amount of the payment will be calculated according to the exchange rate offered by card issuer for the day.
- 7.6. The Supplier provides detailed information to the Users about each product offered for sale in the electronic store.
10. DELIVERY
10.1. The Supplier shall deliver the goods ordered by the User to the shipping address provided by the User.
10.2. The Supplier delivers ordered goods only to the following addresses in the countries: Austria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, France, Germany, Greece, Hungary, Italy, Luxemburg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain (mainland delivery only), Sweden.
10.3. Accepted orders are shipped within 48 hours and the delivery takes place within 7 working days.
10.4. The Supplier provides the User with information by e-mail about the shipment of the goods and the progress of the delivery (tracking number and link to track the shipment) on the day the goods are handed over to the courier organization. The Supplier has the right to extend the terms specified in the previous provision by up to 10 working days without informing the User.
10.5. In case of goods ordered by the User are not available on stock, the Supplier shall notify the User within 5 (five) working days following order submission and will refund the amount paid by the User within 14 days in the manner described in the “Refunds ” section of these General Terms and Conditions.
10.6. The supplier bears no responsibility for stock outage of an ordered product.
10.7. In the event of more than 30 days delay since order acceptance, the User has the right to cancel the contract and the Supplier has the obligation to refund for the amount paid.
10.8. Deliveries are made to the User against a valid signature certifying that the goods have been received. In the event that the goods cannot be delivered to the User in person, the Supplier or the carrier can contacts the User by phone and the goods can be delivered to authorized by the User person.
10.9. In the event that the goods cannot be delivered due to User failures, the order will be considered canceled and the goods will be returned to the Supplier. The Supplier shall notify the User of such cases within seven days.
11. REFUSAL OF DELIVERY
11.1. Upon delivery of the ordered goods by the courier company, the User undertakes to carefully examine the goods and refuse to receive them in the presence and in front of the courier in the following cases, namely:
- the price or the quantity of the goods does not correspond to the one indicated in the electronic order;
- the delivered product is different from the one ordered by the User.
11.2. In the event of refusal to receive the goods for any of the above reasons, the User signs a protocol in the presence of the courier describing the reason for the refusal and immediately notifies the Supplier about this at info@fitsponutrition.com or at: + 359 884 613734.
11.3. If the User refuses to receive the delivered goods outside of the cases described above, the refusal is considered unfounded and the User is obliged to pay the costs of returning the goods.
11.4. In the event that the delivered goods are different from the ordered by the User, the latter may choose to have the amount paid refunded or to have the goods replaced with the goods actually ordered, in which case the Supplier will bear the delivery costs.
12. RETURN OF GOODS
12.1. According to Art. 50, item 1 of the Consumer Protection Act The User has the right to withdraw from the distance contract without giving a reason, without owing compensation or penalty and without paying any costs, with the exception of delivery costs in in the event that he has chosen a different than the standard cheapest way for the Supplier to deliver the order, as well as the costs of returning the goods back, within 14 days from the date of acceptance of the goods by the User or by a third party other than the carrier and specified by the User.
12.2. The user is obliged to return the unwanted goods in the condition in which they were at the time of delivery. The supplier will not accept back goods that have been, opened, damaged, those with damaged or incomplete packaging, with traces of scratches.
12.3. The user is obliged to return the goods purchased by him necessarily in the original packaging, as well as all the documents with which the goods in question were delivered.
12.4. In the event that the User has purchased more than one identical product and wishes to return them to the Supplier within the 14-day period provided, it is mandatory that only one of these products has been opened. The rest must be in a sealed package, otherwise they will not be accepted.
12.5. The return of goods by the User takes place by sending the goods, by courier, to the address: city of Plovdiv,
12.6. In order to return goods/goods to the Supplier, the User must complete the following standard form for exercising the right of withdrawal::
STANDARD FORM FOR EXERCISE RIGHT OF WITHDRAWAL
To “FITSPO NUTRITION” LTD
Delivery address: Bulgaria, Plovdiv, 176 Vasil Aprilov Blvd.
I hereby notify you that I am withdrawing from my contract for the purchase of the following goods:
……………………………………………………/description of the goods/s/
The goods were ordered on …………………. with order number …………………..
The goods were received on ……………….
User Name: ……………………………….
Address of the User: ………………………………….
The value of the ordered and returned goods shall be refunded by the Supplier to credit or debit card used for the order payment
12.7. After filling out the form above and making sure that the goods /goods that the User wishes to return meet the conditions for return according to Art. 9.2 of these General Terms and Conditions, the User must send the completed form or together with the goods to the address specified.
12.8. The return of the goods is entirely the responsibility of the User, accordingly, the risk of damage or loss is at the expense of the User, until the moment when the goods unwanted by the User arrive at the Supplier. All costs related to the return of the goods are for the account of the User.
13. REFUNDs
13.1. In the event that the User exercises his right of withdrawal within 14 days from the date of delivery of the goods, the Supplier undertakes to refund the amount paid no later than 14 days from the date on which he was notified of the User’s decision to withdraw from the contract. The Supplier has the right to postpone the refund of the amount paid until the goods are received back or until evidence is provided to the Supplier that the goods have been sent back, whichever is the case. both events are more crowded.
13.2. In case the amount was paid by card, the amount will be refunded to the card from which the User made the payment.
13.3. The Supplier shall notify the User by e-mail about the refund of the paid amount.
14. “FORCE MAJEURE”.
14.1. The Supplier shall not be liable to the User for full or partial non-performance, including for delay in delivery or for defect and/or damage to goods, if it is due to “force majeure”. “Force majeure” means a circumstance (event) of an extraordinary nature that occurred after the conclusion of the contract, could not have been foreseen and did not depend on the will of the parties, such as: fire, production accidents, military actions, natural disasters – storms, torrential rains, floods, hail, earthquakes, icing, drought, landslides, etc. natural disasters, embargoes, government bans, strikes, riots, etc.
14.2. In the event that the Supplier becomes unable to fulfill its obligations due to a force majeure event, the Supplier undertakes to notify the User in writing within 10 days of its occurrence, as well as the assumed period of effect and termination of the force majeure event.
15. USER RIGHTS AND OBLIGATIONS
15.1. The user undertakes to use the website and its functionalities lawfully and in accordance with these General Terms and Conditions.
15.2. The user has the right to view the content of the website.
15.3. The User has the right to contact the Supplier of this website.
15.4. The User has the right to purchase goods offered by the Supplier and to make payments for the goods purchased from the electronic store.
15.5. The User has the right to receive information about new goods offered by the Supplier.
15.6 .The User has the right to post comments about purchased goods, as well as to rate purchased goods.
15.7. The user has no right to publish content in any form (image, text, etc.) that is vulgar, threatening, defamatory, obscene or violates good manners in society.
15.8. The user has no right to publish content that is in violation of legal provisions.
15.9. The user has no right to modify, copy, change, duplicate, create derivatives or adapt, separate or whole parts of the website.
15.10. The User is not entitled to make available to third parties in any way and in any form, for commercial or non-commercial purposes, any content, information, know-how or technology that is derived in part or in whole from the website.
15.11. The User may not post, send or otherwise formulate computer viruses or the like.
15.12. The user has no right to disable and/or disrupt the full or partial functionality of the website, as well as the services offered on the website.
15.13. The User shall not generate excessive traffic on the Website or overload the traffic on the Website.
15.14. The user has no right to disrupt the operation of networks or servers that are connected to the services, and also has no right to interfere with the provision of the services.
15.15. The User may not attempt to gain unauthorized access to any part of the website or servers maintained and owned by the Supplier.
15.16. The User has no right to use the trademark of the Supplier. The user is responsible for all actions taken by him in connection with the use of the website.
15.17. The User may not send “spam”, “junk mail”, “chain letters” or any unsolicited commercial messages.
16. SUPPLIERs RIGHTS AND OBLIGATIONS
16.1. The Supplier has the right at any time to make changes to the website at its discretion, without obligation to notify and without being liable for this.
16.2. The Supplier has the right at any time to update, change, expand, add, supplement or remove goods and/or services on the website.
16.3. The supplier has the right at any time to make changes to the description and prices of the goods offered for sale in the electronic store.
16.4. The Supplier has the right to temporarily suspend, refuse or terminate the provision of a service in case of violation and/or suspicion of violation of these General Terms and Conditions or in case of dishonest behavior and/or suspected dishonest behavior of a User.
16.5. After receiving the payment, the Supplier undertakes to send the goods ordered by the User and to transfer to the User the ownership of the goods requested by him for purchase.
17. PERSONAL DATA PROCESSING
17.1. The Supplier collects and processes personal data of Users by applying all standards for the protection of personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC. The Supplier respects the privacy of the User’s personal data and makes all necessary efforts to protect it against unlawful processing by applying sufficient technical and organizational measures for protection, the measures are fully in line with modern technological achievements and provide a level of protection that corresponds to the risks associated with the processing and the nature of the data to be protected. Detailed information about the personal data the Provider processes, the purpose of processing, the retention period, as well as the rest of the information in compliance with the requirements of Regulation (EU) 2016/679 is available in the Privacy Policy, which is published on the website here.
18. DISCLAIMER OF LIABILITY
18.1. The Supplier does not in any way make any guarantees that the website and the services offered on it will be accessible at any time and from any part of the world. The provider does not guarantee that the website will remain unchanged and will be maintained indefinitely.
18.2. The information on this website may contain errors or malfunctions, although the Supplier endeavors to keep the information up to date. The Supplier shall do its best to provide the User with uninterrupted access to the Website, and shall also maintain the Website and the Services with the care of a good merchant in order to serve the Users in good faith. The Supplier has the right to make changes and improvements to this website at any time without notice. The Supplier assumes no responsibility for damages and losses incurred by the Uses as a result of the use of this website and the information from this website.
18.3. The responsibility for the use of this website rests entirely with the User, as operating in it and using its capabilities. The Supplier assumes no responsibility for possible damages and adverse consequences in connection with the use of this website, including in the event of material damage to the relevant technical device of the User.
18.4. The Supplier is not responsible for actions performed by Users in violation of these General Terms and Conditions. The Supplier is not responsible for any damages caused by false, misleading, inaccurate information provided by Users of the website.
18.5. The Supplier is not responsible for damages caused as a result of user error, computer virus, omission, interruption or problem in the system itself, maintaining the integrity and structure of this website.
18.6. The Supplier does not guarantee that the content published on the website will meet the expectations of the Users.
18.7. The Supplier is not responsible in the event that the product ordered by the User is not available or the quantities of a given product are exhausted.
18.8. The images that are published on the website are of high quality, in order for the Users to get the most accurate idea about the type and quality of the goods. However, it is quite possible that there may be a discrepancy between the actual colors and those displayed on the monitor of the individual User, which depends on the type of monitor and computer configuration of the User, as well as his visual perception, and the Supplier disclaims responsibility that the displayed on the monitor colors correspond to the actual ones.
19. DISPUTES
19.1. The Supplier adheres to the highest possible standards of service to the User and his interests.
19.2. In relation to paragraph 1 of this article, disputes arising in relation to an online purchase will be settled according to the European online dispute resolution platform located at the following website, namely:
https://ec.europa.eu/ consumers/odr/main/index.cfm?event=main.home2.show&lng=BG
19.3. The online dispute resolution platform is intended to resolve disputes related to online purchases without going to court, while facilitating communication between the Supplier and the individual User and helping to maintain a good relationship in the future between them.
19.4. In the online dispute resolution platform, only and only independent bodies will help resolve the disputes that arise, which bodies are approved based on quality standards in terms of accessibility, fairness and efficiency.
19.5. Also, the dispute can be referred to the conciliation commissions of the Consumer Protection Commission, which conciliation commissions are the body for alternative dispute resolution.
20. LINKS TO THIRD PARTY SITES
20.1. The Suppliers’s website contains links to websites maintained by third parties (“Third Party Sites”), such as “Facebook” button, “Instagram” button, “YouTube” button, “TikTok” button and links to the web developer the Supplier’s website. All third-party sites that can be accessed through this website are independent and the Supplier does not assume any responsibility for damages and losses incurred by the User as a result of the use of these sites. The provider is not responsible for the content on third-party sites, nor for the presence of viruses and/or other harmful components on these sites.
21. NEWSLETTER
21.1. Subscription to a newsletter is the entry by the User of an e-mail address in a list to which e-mail address is sent up-to-date information about the goods offered by the Supplier. Users have the right to unsubscribe from the list in which they are included by selecting the “unsubscribe” option when receiving the newsletter. The User may also withdraw his consent to receive the newsletter in the manner specified in Section XIV of the Suppliers’ privacy policy. The newsletter is distributed free of charge and the Supplier is in no way bound by an obligation to regularly send newsletters when making a subscription.
22. INTELLECTUAL PROPERTY RIGHTS. RESTRICTIONS ON USE
22.1. The entire content of the website, including, but not limited to, all published texts, computer programs, databases, trademarks, as well as any information uploaded to the website is the exclusive property of the Supplier. Using the Supplier’s trademark without its consent is a violation of the law.
22.2. The content of the Supplier’s site may be used by User only for personal, non-commercial use.
22.3. The use of all the content of the website described in paragraph one of this provision for commercial purposes, in any form (copying, modifying, downloading, selling, reproducing, distributing, publishing, etc.) is absolutely prohibited. Users assume full responsibility for the use of the content of the site in violation of the rights of the Supplier, and the latter has the right to compensation in full for the damages caused by the User.
22.4. Access to the website and to the services provided on the website should not in any way be considered and interpreted as a gratuitous grant of licenses or intellectual property rights.
22.5. The reproduction of the content of the website or a part of it is carried out only and only with the provided written consent of the Supplier.
22.6. A User who posts comments about purchased goods and evaluates purchased goods within the website grants the Supplier a non-exclusive, royalty-free license to record in computer memory, use, delete, publicly present and distribute on the Internet these comments and evaluations by the User on the territory of the world.
23. FINAL PROVISIONS
23.1. All messages and notifications between the Supplier and the User are carried out in the English language and will be considered valid if sent in writing or by e-mail at the Supplier contacts details provided here in.
23.2. The possible invalidity of any of the provisions of these General Terms and Conditions will not lead to the invalidity of the General Terms and Conditions as a whole.
23.3. The provisions of the current legislation shall apply to all issues that are not settled in these General Terms and Conditions.
23.4. The Supplier has the right to update by amending and supplementing these General Terms and Conditions at any time in the future. When this happens, the amended Terms and Conditions will be posted on this website with a new “Last Modified” date at the top and will be effective from the date of posting. Therefore, it is recommended that you periodically check these Terms and Conditions to ensure that you are aware of any changes. By using this website after the updated Terms and Conditions have been posted, you will be deemed to have accepted the changes.
23.5. In the event that you have any further questions regarding these Terms and Conditions, please do not hesitate to contact the Supplier at info@fitsponutrition.com or +359884 613734.
24. GOVERNING LAW
Any claim relating to our website shall be governed by the laws of Bulgaria or European Union without regard to its conflict of law provisions.