1. SUBJECT

Art. 1. These General Terms and Conditions are intended to regulate the relations between FLK ART EOOD, UIC BG206892533, with registered office and registered address. Mladost 2, hereinafter referred to as SUPPLIER, and the customers, hereinafter referred to as USERS, of the e-commerce platform flicka, hereinafter referred to as “en.flicka.eu”.

II. SUPPLIER DATA

Art. 2. Information under the E-commerce Act and the Consumer Protection Act:

1. Supplier’s name: FLK ART Ltd.
2. Registered office and management address. 1000 Sofia, Mladost 2
3. Address for exercising the activity and address for addressing complaints from users. 135 Todor Dzhebarov Blvd.
4. Contact details: hello@flicka.eu, telephone +359 886 962999
5. Entry in public registers: UIC BG206892533 

(1) Data Protection Commission

Address. Sofia, ul. “Prof. 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 gr. Sofia, Slaveykov Square №4A, floors 3, 4 and 6,

Tel: 02 / 980 25 24

Fax: 02 / 988 42 18

Hotline: 0700 111 22

Website: www.kzp.bg

1. Registration under the Value Added Tax Act 204863134

III. PLATFORM CHARACTERISTICS

Art. 3. flicka is an e-commerce platform, available at the Internet address bg.flicka.eu, through which Users have the opportunity to conclude contracts for the purchase and delivery of the goods offered by the Supplier on the platform, including the following:

1. To register and create an account to browse the Supplier’s e-shop and use the additional services to provide information;
2. To review the goods, their characteristics, prices and delivery terms;
3. To enter into contracts with the Supplier for the purchase and delivery of the goods offered on the bg.flicka.eu platform;
4. To make any payments in connection with the concluded contracts through the bg.flicka.eu electronic payment means platform.
5. To receive information about new goods offered by the Supplier on the bg.flicka.eu platform;
6. To make electronic statements in connection with the conclusion or performance of contracts with the Supplier on the bg.flicka.eu platform through the interface of the bg.flicka.eu page, available on the Internet;
7. To be informed of their rights under the law, primarily through the interface of the bg.flicka.eu platform on the Internet;
8. To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

Art. 4. The Supplier on the bg.flicka.eu platform shall organize the delivery of the goods and guarantee the rights of the Users provided for by law, within the framework of good faith, the criteria and conditions accepted in practice, consumer or commercial law.

Art. 5. (1) Users conclude with the Supplier on the bg.flicka.eu platform a contract for the purchase and sale of goods, at bg.flicka.eu The contract is concluded in Bulgarian and stored in the Supplier’s database on the platform.

(2) By virtue of the contract concluded with the Users for the purchase and sale of goods, the Supplier on the bg.flicka.eu platform undertakes to arrange the delivery and transfer of ownership of the User of the goods specified by him through the interface on the platform. Users have the right to correct errors in the input of information no later than when the Supplier on the bg.flicka.eu platform issues the contract statement

(3) The Users shall pay to the Provider of the bg.flicka.eu platform a remuneration for the delivered goods in accordance with the conditions set out in the bg.flicka.eu platform and these General Terms and Conditions. The remuneration shall be equal to the price announced on the bg.flicka.eu platform

Art. 6. (1) The User and the Supplier on the bg.flicka.eu platform agree that all statements between them in connection with the conclusion and performance of the purchase contract may be made electronically and by electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Article 11 of the Electronic Commerce Act.

(2) Electronic statements made by Users of the Site shall be presumed to have been made by the persons indicated in the data provided by the User at the time of registration, if the User has entered the corresponding username and password.

1. REGISTRATION FOR USE OF bg.flicka.eu

Art. 7. (1) In order to use bg.flicka.eu for concluding contracts for the purchase and sale of goods, the User must enter a remote access name and password of his choice or identify himself through his Facebook or Google account, by which he is deemed to have accepted these terms and conditions.

(2) The name and password for remote access shall be determined by the User by performing online registration on the Provider’s website on the bg.flicka.eu platform, in accordance with the procedure set out therein. Users have the possibility to place orders delivery of goods and profile from the social networks Facebook and Google.

(3) By filling in his/her details in the shopping cart and clicking on the “Order” button, the User declares that he/she is familiar with these General Terms and Conditions, agrees with their content and undertakes to unconditionally comply with them.

(4) The Provider confirms the order made by the User by e-mail. The User’s account is created and a contractual relationship is established between the User and the Supplier.

(5) When registering or ordering, the User undertakes to provide correct and up-to-date data. The User undertakes to promptly update the data provided in the registration or order in the event of a change.

1. TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT

Art. 8. (1) Users mainly use the interface of the Supplier’s page on the bg.flicka.eu platform to conclude contracts for the purchase and sale of the goods offered by the Suppliers on the bg.flicka.eu platform.

(2) In the case of ordering goods without registration by the User, the latter accepts these General Terms and Conditions at the time of delivery. The User shall be deemed to have accepted these General Terms and Conditions upon acceptance of delivery of the goods.

Art. 9. Users conclude the contract for the purchase and sale of goods on the bg.flicka.eu platform according to the following procedure:

(1) Login to the ordering system on the bg.flicka.eu platform

(2) Selecting one or more of the goods offered by the Supplier on the bg.flicka.eu platform and adding them to a list of goods for purchase.

(3) Providing the necessary data for the User’s individualization as a party to the contract.

(4) Provision of data for making the delivery;

(5) Choice of method and time of payment of the price.

(6) Order Confirmation;

1. CONTENT OF THE CONTRACT

Art. 10. (1) The Supplier and the Users conclude separate contracts for the purchase of the goods requested by the Users, notwithstanding that they are selected by one electronic statement and from one list of goods to be purchased.

(2) The supplier may arrange for the delivery of the goods ordered by the individual purchase contracts together and simultaneously.

(3) The rights of the Users in relation to the delivered goods shall be exercised separately for each purchase contract. The exercise of rights in relation to delivered goods shall not affect or have effect in relation to contracts for the purchase of other goods. If the User is a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the purchase contract for a particular good shall not affect the purchase contracts for the other goods delivered to the User.

Art. 11. When exercising the rights under the contract of sale and purchase, the User shall be obliged to indicate precisely and unambiguously the contract and the goods in respect of which he exercises the rights.

Art. 12. The User may pay the price for the individual purchase contracts at once when placing the order for the goods or upon their delivery.

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

Art. 13. The rules of this Section VII of these General Terms and Conditions shall apply only to Users who, according to the data provided for the conclusion of the purchase contract or upon registration at bg.flicka.eu, may be inferred to be 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.

Art. 14. (1) The main characteristics of the goods offered by the Supplier on the bg.flicka.eu platform are defined in the profile of each product on the bg.flicka.eu platform.

(2) The price of the goods including all taxes and fees shall be determined by the Supplier on the bg.flicka.eu platform in the profile of each item on the bg.flicka.eu platform.

(3) The value of postage or transport costs not included in the price of the goods shall be determined by the Supplier on the bg.flicka.eu platform and shall be provided as information to Users when selecting the goods for the conclusion of the purchase contract;

(4) The methods of payment, delivery and performance of the contract are defined in these General Terms and Conditions and the information provided to the User through the mechanisms on the bg.flicka.eu platform.

(5) The information provided to the Users under this Article is up-to-date at the time of its visualization on the bg.flicka.eu platform prior to the conclusion of the Purchase and Sale Agreement.

(6) Users agree that all information required by the Consumer Protection Act may be provided through the interface of the bg.flicka.eu platform or by e-mail.

Art. 15. (1) The User agrees that the suppliers on the bg.flicka.eu platform have the right to accept advance payment for the contracts concluded with the User for the purchase of goods and their delivery.

(2) The User independently chooses whether to pay the Supplier on the bg.flicka.eu platform the price for delivery of the goods before or at the time of delivery.

(3) In the event that the value of the User’s order is equivalent to or exceeds BGN 15 000, payment shall be made only by transfer or deposit to the Supplier’s payment account.

Art. 16. (1) The user has the right, without compensation or penalty and without giving a reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by the Supplier through the single withdrawal form, available on the Supplier’s website on the bg.flicka.eu platform at Exercise your rights! and in Annex 1 to these General Terms and Conditions. Information on exercising the right of withdrawal is available at Exercise your rights! and in Annex No. 2 to these General Terms and Conditions.

(2) The right of withdrawal under par. 1 shall not apply in the following cases:

1. for the delivery of goods made to the user’s order or according to his individual requirements;
2. for the delivery of goods which, by their nature, may deteriorate or have a short shelf life;
3. for the delivery of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
4. for the supply of goods which, having been delivered, have by their nature become mixed with other goods from which they cannot be separated;
5. for the delivery of sealed sound or video recordings or sealed computer software that have been unsealed after delivery, including activation codes for software licenses, features in software or virtual means of payment.
6. for the supply of newspapers, periodicals or magazines, excluding subscription contracts for the supply of such publications;

(3) Where the supplier on the bg.flicka.eu platform has not fulfilled its obligations to provide information as set out in the Consumer Protection Act, the User shall have the right to withdraw from the concluded contract within one year and 14 days from the date of receipt of the goods. Where the information is provided to the consumer within the withdrawal period, the withdrawal period shall start from the date of its provision. The User shall be entitled to submit the withdrawal statement under this Article directly to the Supplier via the single withdrawal form available on the Supplier’s website on the bg.flicka.eu platform at Annex 1 to these General Terms and Conditions.

(4) Where the Consumer has exercised his right to withdraw from the distance contract or the off-premises contract, the Supplier shall refund all sums received from the Consumer, including delivery costs, without undue delay and no later than 14 days from the date on which the Consumer was notified of the decision to withdraw from the contract. The supplier shall reimburse the amounts received using the same means of payment used by the consumer in the original transaction, unless the consumer has expressly agreed to the use of another means of payment and provided that there is no cost to the consumer.

(5) When exercising the right of withdrawal, the costs for the return of the delivered goods shall be deducted from the amounts to be refunded under paragraph (4), unless the consumer arranges for the return of the goods himself and at his own expense. The Supplier shall not be obliged to reimburse the additional costs of delivery of the goods where the consumer has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.

(6) The User undertakes to store the goods received by the Supplier in the platform and to ensure the preservation of their quality and safety during the period referred to in par. 1.

(7) The User may exercise the right to withdraw from the contract with the Provider by sending a written statement to the Provider through the standard withdrawal form available at {turms_url} on the bg.flicka.eu platform and in Annex 1 to these General Terms and Conditions.

(8) Where the supplier on the bg.flicka.eu platform has not offered to collect the goods himself, he may withhold payment of the amounts to the User until he has received the goods or until the User has provided proof that he has sent the goods back, whichever is the earlier.

(10) Notwithstanding the above hypotheses, the User shall be obliged to return the goods in a merchantable form that allows their subsequent sale, unless the unpacking of the goods leads to an obvious violation of the merchantable form of the goods, such as but not limited to a destructible box, airtight packaging and other similar cases. In the event of a breach of the merchantable appearance of the goods, the Supplier shall have the right at its discretion to refuse to accept withdrawal from the contract or to charge the Consumer for the cost of restoring the goods to merchantable condition.

(11) In the event of exercising the right of withdrawal under this Article, the User shall be deemed to have exercised the right of withdrawal with respect to the bonus content belonging to the goods.

Art. 17. (1) The term of delivery of the goods is determined for each item separately when concluding the contract with the user through the Supplier’s website on the bg.flicka.eu platform.

(2) If the User and the Supplier on the bg.flicka.eu platform have not set a delivery period, the delivery period of the goods shall be 30 calendar days from the date following the sending of the User’s order to the Supplier via the Supplier’s website on the bg.flicka.eu platform.

(3) If the Supplier on the bg.flicka.eu platform is unable to perform the contract due to the fact that he does not have the ordered goods, he is obliged to notify the User and refund the amounts paid by him.

Art. 18. The supplier on the bg.flicka.eu platform undertakes to comply with all the requirements laid down in Bulgarian legislation concerning the labelling, advertising and sale of food supplements.

VIII. PERFORMANCE OF THE CONTRACT

Art. 19. (1) The Supplier on the bg.flicka.eu platform may arrange the delivery and handing over of the goods to the User by the relevant courier within the time limit specified at the conclusion of the contract.

(2) If the period referred to in par. 1 is not expressly agreed between the parties at the conclusion of the contract, the Supplier shall arrange delivery and handover within a reasonable time.

Art. 20. (1) The User must inspect the goods at the time of delivery and handover and, if they do not meet the requirements, immediately notify the Supplier on the bg.flicka.eu platform.

(2) If the User does not notify the Provider on the bg.flicka.eu platform in accordance with par. 1, the goods shall be deemed approved as conforming to the requirements, except for hidden defects.

Art. 21. The supplier on the bg.flicka.eu platform is not obliged to provide the necessary service for the goods.

Art. 22. For the cases not covered by this Section, the rules of commercial sale set forth in the Commercial Law and the Consumer Protection Law shall apply.

1. DATA PROTECTION

Art. 23. (1) The collection, storage and processing of personal data is carried out in accordance with the Privacy Policy of Flica Company Ltd, which can be accessed here Privacy Policy.

(2) The personal data entered by the Users are subject to protection under the Personal Data Protection Act and the General Regulation 2016/679 as the Provider processes them for the purposes and within the time limits provided for in the Privacy Policy.

(3) Upon the User’s agreement to the Privacy Policy, the User expressly confirms that he/she agrees to the Provider storing or accessing the information stored on the User’s end device for the purposes and for the periods set forth in the Privacy Policy. The User agrees that the Provider may also store information or access information stored on the User’s endpoint device on other grounds set out in the Privacy Policy .

(4) The User or User agrees that the Provider on the bg.flicka.eu platform has the right to send electronic messages to the User or User at any time, including newsletters or offers to purchase goods, as long as the User or User is registered in the Provider’s e-shop on the bg.flicka.eu platform.

(5) The User or User agrees that the Provider of the bg.flicka.eu platform has the right to collect, store and process data on the User’s or User’s behavior when using the Provider’s e-shop on the bg.flicka.eu platform The User has the right to object to the storage of or access to the information under paragraph 3 in the ways provided for in the Privacy Policy.

Art. 24. (1) At any time, the Provider on the bg.flicka.eu platform has the right to require the User to identify himself and to verify the authenticity of any of the circumstances and personal data declared during registration.

(2) In the event that for any reason the User has forgotten or lost his/her username and password, the Provider of the bg.flicka.eu platform is entitled to apply the announced “Procedure for lost or forgotten usernames and passwords”, available at: bg.flicka.eu

1. AMENDMENT AND ACCESS TO TERMS AND CONDITIONS

Art. 25. (1) These Terms and Conditions may be amended by the Provider on the bg.flicka.eu platform, for which the latter will notify all registered Users in an appropriate manner.

(2) The Provider on the bg.flicka.eu platform and the User agree that any amendment and modification of these General Terms and Conditions shall be effective against the User in one of the following cases:

A) after being expressly notified by the Provider on the bg.flicka.eu platform and if the User does not declare within the 14-day period granted to him that he rejects them; or

B) after their publication on the Provider’s website on the bg.flicka.eu platform and if the User does not declare within 14 days of their publication that he rejects them;

C) with the User’s explicit acceptance of it through the User’s profile on the Provider’s website on the bg.flicka.eu platform

(3) The User agrees that all statements made by the Provider on the bg.flicka.eu platform in connection with the amendment of these General Terms and Conditions will be sent to the e-mail address specified by the User upon registration. The User agrees that e-mails sent under this Article do not need to be signed with an electronic signature in order to be effective against him.

Art. 26. The Provider shall publish these General Terms and Conditions at {terms_rul} together with any additions and amendments thereto.

1. BREAK

Art. 27. These General Terms and Conditions and the User’s contract with the Provider on the bg.flicka.eu platform shall be terminated in the following cases:

• in the event of dissolution and liquidation or bankruptcy of one of the parties to the contract;
• by mutual agreement of the parties in writing;
• in the event of objective impossibility of either party to the contract to perform its obligations;
• in case of seizure or sealing of the equipment by government authorities;
• in case of cancellation of the User’s registration on the bg.flicka.eu platform. In this case, the concluded but unfulfilled purchase contracts remain in force and are subject to execution;

Art. 28. The Provider shall have the right to terminate the Contract unilaterally at its own discretion, without notice and without compensation, if it finds that the User is using the bg.flicka.eu platform in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practices in e-commerce.

XII. ACCOUNTABILITY

Art. 29. The User undertakes to indemnify and hold harmless the providers on the bg.flicka platform.eu and the Provider in the event of legal action and other claims by third parties (whether or not justified), for all damages and costs (including attorneys’ fees and court costs) arising out of or in connection with (1) failure to perform any of the obligations under this contract, (2) breach of copyright, production, broadcast rights, or other intellectual or industrial property rights, (3) wrongful assignment to others of rights granted to User during the term and subject to the conditions of this Agreement, and (4) misrepresentation of the existence or absence of consumer status within the meaning of the Consumer Protection Act.

Art. 30. The Provider shall not be liable in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.

Art. 31. (1) The Provider shall not be liable for damages caused by the User to third parties.

(2) The Provider shall not be liable for any pecuniary or non-pecuniary damages in the form of lost profits or damages suffered by the User in the process of using or not using bg.flicka.eu and concluding purchase contracts with the Provider.

(3) The Provider shall not be liable for the time during which the Platform was unavailable due to force majeure.

(4) The Provider shall not be liable for damages from comments, opinions and posts under the products, news and articles on the bg.flicka.eu platform.

Art. 32. (1) The Provider shall not be held liable in the event that the security measures of the technical equipment are overcome and loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences follow.

(2) The Provider shall not be liable in the event of conclusion of a purchase contract, provision of access to information, loss or alteration of data occurring as a result of false legitimation of a third party who impersonates the User, if it can be inferred from the circumstances that this person is the User.

XIII. OTHER CONDITIONS

Art. 33. (1) The User and the Provider on the bg.flicka.eu platform undertake to protect each other’s rights and legitimate interests, as well as to protect their trade secrets that have become known to them in the process of execution of the contract and these General Terms and Conditions.

(2) The User and the Provider undertake not to make public any written or oral correspondence between them during and after the expiry of the contract period. The publication of correspondence in print and electronic media, internet forums, private or public websites, etc. may be considered to be in the public domain.

Art. 34. In the event of a conflict between these General Terms and Conditions and the provisions of a special contract between the Provider on the bg.flicka.eu platform and the User, the provisions of the special contract shall prevail.

Art. 35. The possible invalidity of any provision of these general terms and conditions shall not invalidate the entire contract.

Art. 36. The laws of the Republic of Bulgaria shall apply to matters not covered by this Contract relating to the performance and interpretation of this Contract.

Art. 37. These General Terms and Conditions shall apply to all Users of bg.flicka.eu.

Annex 1 – Standard form for exercising the right of withdrawal

Annex 2 – Information on the exercise of the right of withdrawal

Information on the exercise of the right of withdrawal

Standard cancellation guidelines:

1. The right to withdraw from a distance or off-premises contract.
2. You have the right to cancel this contract without giving any reason within 14 days.
3. The cancellation period is 14 days from the date on which you or a third party other than the carrier and designated by you took possession of the goods.
4. In order to exercise your right of withdrawal, you must notify us at the contact details provided on en.flicka.eu and of your decision to withdraw from the contract with an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
5. You can use the attached standard opt-out form, but it is not required. You may also complete and submit electronically the standard opt-out form or other unambiguous opt-out request on our website en.flicka.eu If you use this option, we will promptly send you a message on a durable medium (e.g. by email) to confirm receipt of the opt-out.
6. In order to comply with the withdrawal period, it is sufficient to send your communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.

1. Effect of refusal.
2. If you cancel this contract, we will refund all payments we have received from you, including the cost of delivery (excluding any additional costs associated with your chosen method of delivery other than the cheapest standard method of delivery offered by us), without undue delay and in any event no later than 14 days from the date on which you inform us of your decision to cancel this contract. We will make the refund to a bank account specified by you; in any event, this refund will not involve any cost to you.
3. We have the right to postpone refunds until we have received the goods back or until you have provided us with evidence that you have sent the goods back, whichever is the earlier.
4. You must bear the direct costs of returning the goods. The costs are not expected to exceed approximately the amount of delivery or standard courier service.
5. You shall be solely liable for any diminution in the value of the goods resulting from testing other than as necessary to establish their nature, characteristics and proper functioning.

For further user information, see en.flicka.eu