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General Terms

2024-02-01T15:34:10+02:00

GENERAL TERMS

Electronic store

Newline Kids /www.newlinekids.com

I. Subject

Art. 1. These general conditions (“General Conditions”) are intended to regulate the relations between the Newline Kids, owned by Newline Pharmacy ltd., with the trading registry UIC 206183884 and the address of the headquarters and management: Burgas, PC 8001, St. Batak 48, subsequently called the “supplier”, and by customers, further called the “users” of the online store www.newlinekids.com (“E-store”), owned by the supplier.

ІІ. Supplier Data

Art. 2. (1) Information about the supplier in accordance with the Electronic Trade Law and the Law of Consumer Rights Protection :

1. The name of the supplier: Newline Kids, owned by Newline Pharmacy ltd.,

2. Address of headquarters and management: Burgas, PC 8001, st. Batak, 48.

3. Address of activities: Burgas, PC 8000, st. Gladston, 27

4. Data for correspondence: “Newline Kids”,  Burgas, PC 8000, st. Gladston 27, phone 0876221165, email: support@newlinekids.com, Website: www.newlinekids.com, other online communication platforms: WhatsApp, Instagram, Facebook.

5. Enrollment in state registers: a trade registration in the register agency, UIC 206183884.

 

6. Registration in accordance with the value added tax law : BG 206183884.

7. Address for sending users' complaints: Burgas, PC 8000, st. Gladston, 27, phone: 0876221165, email: support@newlinekids.com, Website: www.newlinekids.com

 

(2) Controlling authorities:

1. Commission for  Personal Data Protectioon

Address: Sofia, PC 1592, st. „Prof. Tsvetan Lazarov »No. 2,

tel. (02) 91 53 519, fax: (02) 91 53 525

Email: kzld@cpdp.bg

Website: www.cpdp.bg

2. Consumer Protection Commission

Address:  Sofia, PC 1000, Sq. "Slavikov" No. 4A, e. 3, 4 and 6,

tel. (02) 933 05 65

fax: (02) 988 42 18

Hot line: 0700 111 22

E-mail: info@kzp.bg

WEbsite: www.kzp.bg










III. E-STORE CHARACTERISTICS

Art. 3. E-store-an e-commerce site available at the Internet https://wwww.newlinekids.com, through which users have the opportunity to conclude a contract of sale and delivery of goods offered by the supplier in the electronic store, including the following:

1. To get acquainted with the goods, prices and delivery conditions offered by the supplier;

2. be informed about the nature and basic characteristics of the goods;

3. Conclude with the supplier contracts of sale and delivery of goods offered in the E-store;

4. Make electronic statements in connection with the conclusion, implementation, execution and termination of contracts with the supplier through interface page www.newlinekids.com, including through available in it tools and applications for mobile devices ;

5. Be notified of the rights arising from the law;

6. To exercise own right of rejection, if this is applicable, in accordance with the Law on the Consumer Rights Protection.

St.4. The supplier organizes the delivery of goods and guarantees the rights of users provided by law, within the framework of good intention, criteria and conditions adopted in practice, consumer or commercial law.

Art. 5. (1) Users enter into a contract for the purchase and sale of goods with the Supplier in the manner specified in Art. 8. The contract is concluded in Bulgarian and is stored in the Supplier's database on the platform;

(2) Users have the opportunity to review and correct errors when entering information no later than sending an application for concluding an agreement with the Supplier. Finding and correcting errors in accordance with the previous sentence can be provided by editing the order form at any time before the announcement of the conclusion of the agreement with the Supplier;

(3) In accordance with the contract for the purchase and sale of goods concluded with the Users, the Supplier undertakes to organize the delivery and transfer of ownership of the goods specified by the user through the E-store interface page.

(4) Users are obliged to pay the Supplier the value of the delivered goods in accordance with the conditions set out in the Electronic Store and these General Conditions. The reward is equal to the price announced in the E-store.

 

IV. USING THE ELECTRONIC STORE

Art. 6. (1) The Electronic Store can be used after providing registration and  creating a User profile, or without prior registration.

(2) User’s Registration in the Electronic Store is free, voluntary and is carried out in the related section of the Electronic Store.

(3) Regardless of whether the User registers or not in the Electronic Store, in order to use the Electronic Store and to enter into sale contract with the supplier, the User must provide the following data: first name, last name, email address, contact phone number, delivery address and his acceptance of these Terms;

(4) By filling out his data, clicking the “PAYMENT” button and confirming his agreement with the General Conditions, the User declares that he has read these General Conditions, agrees with their contents and undertakes to comply with them unconditionally;

(5) The Supplier confirms the order placed by the User by sending an electronic confirmation to the email address specified by the User or a telephone call to the telephone number specified by the User, and a contractual relationship arises between him and the Supplier on the basis of a contract for the sale of goods;

(6) When registering or placing an order, the User undertakes to provide correct and up-to-date information. The User undertakes to promptly update the data specified in his profile in the Electronic Store or in the order;

(7) If the User provides false information or the Supplier has reason to believe that the information provided by the User is incomplete or false, the Supplier has the right, at its sole discretion, to block or delete the User's registration and refuse user’s access to the e-store.

 

V. TECHNICAL STAGES OF SALE AGREEMENT CONCLUSION

Art. 7. Users primarily use the E-store interface page, including the tools and applications available on it for mobile devices, to enter into sale contracts for the purchase of goods offered by the Supplier in the Electronic Store.

Art. 8. The User and the Supplier enter into a sale contract for the purchase of goods in the Electronic Store in the following order:

1. The user selects one or more goods offered by the Supplier, for which a sale contract will be concluded;

2. The User fills out the order form and provides the necessary data to identify himself as a party to the sale’s contract of goods;

3. The user selects a delivery method and provides data for delivery;

4. The user selects the method and moment of payment;

5. The user submits an order (offer) by clicking the “PAYMENT” button after agreeing to the General Terms and Conditions and the Privacy Policy;

6. The Supplier confirms the order completed by the User (accepts the User’s offer) by sending an electronic note to the email address specified by the User, or by calling the telephone number specified by the User. The Supplier is obliged to provide the User with confirmation of the concluded contract on a durable carrier within a reasonable period of time after the conclusion of the distance contract, or no later than the moment of delivery of the goods.

 

VI. THE CONTENT OF THE CONTRACT

Art. 9. (1) The Supplier and Users enter into separate sale acontracts for the goods requested by Users, regardless of whether they are selected by one electronic order;

(2) The Supplier may arrange  the delivery of goods ordered under separate sales contracts together at the same time;

(3) The Users’ rights in relation to the goods supplied are exercised separately for each sale contract. The exercise of rights in relation to the delivered goods does not affect sale contracts of other goods. If the User has the status of a consumer within the meaning of the Consumer Rights Protection Law, the exercise of the right to withdraw from the sale contract for separate goods does not affect the sale contract for other goods delivered to the user;

(4) The Supplier has the right, at its discretion, to refuse to fulfill the User’s order, about which the Supplier notifies the User within an appropriate period of time, without being obliged to indicate the reason for the refusal.

Art. 10. When exercising rights under a sales contract, the User is obliged to accurately and unambiguously indicate the contract and the product in respect of which he exercises rights.

Art. 11. The user pays the cost for separate sales’ contracts immediately when placing an order for goods or upon delivery.

 

VII. SPECIAL PROVISIONS APPLICABLE TO PERSONS WITH CONSUMER QUALITIES  IN THE MEANING OF THE CONSUMER PROTECTION LAW

Art. 12. The rules of this Section VII of these General Conditions apply only to Users in respect of whom, based on the data specified for the conclusion of the sale contract, it can be concluded that they are  consumers within the meaning of the Consumer Protection Law.

Art. 13. (1) The main characteristics of the goods offered by the Supplier in the E-store are described in the profile of each product in the Electronic Store;

(2) Product prices, including all taxes and fees, are determined and indicated in the profile of each product in the Electronic Store;

(3) The cost of postal or transportation expenses notn-included in the price of the goods is determined by the Supplier in the Electronic Store and is provided as information to Users when choosing a product for concluding a sale contract;

(4) Methods of payment, delivery and execution of the contract are defined in these General Conditions and in the information provided to the User through the mechanisms and tools of the Electronic Store;

(5) The information provided to Users in accordance with this article is actual at the time of its display in the Electronic Store before the conclusion of the sale contract.

(6) Users agree that all information required by the Consumer Protection Law and the Law on the Provision of Digital Content and Digital Services and the Sale of Goods may be provided through the e-store interface or by email.

Art. 14. (1) The User agrees that the Supplier has the right to accept advance payment under the sale contracts of goods and their delivery concluded with the User;

(2) In accordance with the options provided in the Electronic Store, the User chooses whether to pay the Supplier the price for the delivery of goods before or at the time of their delivery;

(3) If the value of the User's order is equal to or exceeds 10,000 levs, payment is made only by bank transfer or payment to the Supplier's bank account.

Art. 15. (1) The User has the right, without payment of compensation or penalties and without giving reasons, to withdraw from the concluded contract within 14 days, counting from the date of acceptance of the goods from the Supplier, through standard contract withdrawal form available on the website of the Electronic Store in Appendix No. 1 to these General Conditions, or by other unambiguous note expressing decision to withdraw from the contract. Information on the exercise of the right of withdrawal is available in Appendix No. 2 to these General Conditions;

(2) The right of refusal does not apply in the cases provided for in Art. 57 of the Law on Consumer Rights’ Protection;

(3) If the Supplier fails to fulfill its obligations to provide information as defined by the Law on the Consumer Rights Protection, the User has the right to withdraw from the concluded contract within a period of up to one year and 14 days, starting from the date of receipt of the goods. When providing information to the User within one year from the date of receipt of the goods, the User has the right to withdraw from the contract within 14 days from the date of receipt of the information. The User has the right to submit an application for withdrawal under this article directly to the Supplier through the standard form of withdrawal from the contract, available on the website of the Electronic Store in the form of Appendix No. 1 to these General Conditions, or by other means of declaring his unambiguous decision to withdraw from the contract;

(4) When the User has exercised his right to withdraw from the contract, the Supplier is obliged to reimburse all amounts received from the User, including delivery costs, without undue delay and 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 will refund amounts received using the same means of payment as the User used in the original transaction, unless the User has expressly agreed to the use of different means of payment and provided that there is no cost to the User;

(5) When exercising the right of withdrawal, the costs of returning the delivered goods are deducted from the return amounts in accordance with paragraph. 4, except in cases where the User organizes the return of the goods independently and at his own expense. The Supplier is not obliged to reimburse additional costs for delivery of goods if the User has expressly chosen a method of delivery of goods other than the cheapest type of standard delivery offered by the Supplier;

(6) The User undertakes to store the goods received  on the platform from the Supplier and ensure that their quality and safety are maintained for the period provided for in paragraph. 1 or para. 3;

(7) If the Supplier has not offered to collect the goods himself, he may withhold payment of amounts to the User until he receives the goods or until the User provides evidence that he has sent the goods back, whichever occurs first;

(8) When the user realizes his right to withdraw from the contract and when the supplier does not offer to pick up the goods himself, the user must send or transfer the goods back to the supplier or the person authorized by him without unjustified delay and no later than 14 days, starting from the date when the user notified the supplier About his decision to withdraw from the contract. The term is considered to be followed if the user sends or transfers the goods back to the supplier before the expiration of the 14-day period;

(9) the user is obliged to pay only direct expenses for the return of goods in accordance with the previous paragraph, with the exception of cases when the supplier agreed to pay them or if the supplier did not inform him that the costs of returning the goods are paid by the user;

(10) The user is liable only for reducing the value of goods caused by their testing, a different  way from the one that is necessary to define their characteristics and good functioning. The user is not responsible for the reduced value of the goods if the supplier did not inform him of his right of rejection.

Art. 16. (1) The delivery time of the goods is determined for each product separately when concluding a contract with the user through the electronic store;

(2) If the supplier cannot fulfill the contract due to the lack of ordered goods, he is obliged to notify the user about it and return the amounts paid to him.

 

VIII. CONTRACT’S EXECUTION

Art. 17. (1) The supplier can organize the delivery and transfer of the goods to the user with the relevant courier on the period specified at the conclusion of the contract;

(2) If the period provided for para. 1 is not implicitly agreed between the parties during the conclusion of the contract, the supplier organizes the delivery and transfer withing a reasonable period. If the supplier cannot organize delivery within a named period, he is obliged to notify the user in advance;

(3) If the user is not present at the specified delivery address at the agreed delivery time and did not properly provide a third party to receive delivery, the supplier will deliver the goods in another convenient for the supplier time, and the user must pay for the additional delivery cost, according to the courier or mail operator tariff .

Art. 18. (1) The user must check the goods during delivery and transfer and, if they do not meet the requirements, immediately notify the supplier;

(2) If the user does not notify the supplier in accordance with the previous paragraph, the goods are considered approved and meeting the requirements, except in case of of hidden defects.

 

IX. PERSONAL DATA PROTECTION

Art. 19. (1) The supplier processes the personal data provided by users in accordance with his confidentiality policy and in accordance with the Rules (EU) 2016/679 of the European Parliament and the Council of April 27, 2016 on the protection of individuals in connection with the processing of personal data and in relation to the free movement of such data, as well as with the cancellation of the Directive 95/46/EC (general regulations for data protection), with the Law on the Personal Data Protection and other provisions of the applicable Bulgarian legislation to protect personal data;

(2) the supplier’s confidentiality policy is available by Internet address: https://www.newlinekids.com and is an integral part of these general provisions and conditions;

(3) The supplier has the right to store information or access information stored on the final device of the user, in accordance with the “ Cookies’ Use Policy”, provided that:

1. The supplier provided the user with understandable and comprehensive information provided in Art. 13 of the regulations (EU) 2016/679; And

2. The supplier gave the user the opportunity to refuse to storage of or access to information.

(4) The user agrees that the supplier has the right to collect, store and process data on the user’s behavior when using the electronic store. The user has the right to object to storage or access information provided in paragraph 2 of the methods provided in the Privacy Policy;

Art. 20. The supplier has the right at any time to demand from the user to identify himself and confirm the reliability of any of the circumstances and personal data declared during registration on the platform and/or placing an order.

 

X. CHANGE AND ACCESS TO GENERAL CONDITIONS

Art. 21. (1) These general conditions are an integral part of the agreement concluded between the parties;

(2) concluding an agreement, the user declares that he is acquainted with real general conditions and accepts them;

(3) The user and the supplier agree that all applications between them in connection with the conclusion, execution, change and termination of the Contract and these general conditions can be made in electronic form and through electronic applications within the meaning of the Law on Electronic Documents and Electronic Authentication services and art . 11 of the Law on Electronic Commerce;

(4) It is assumed that electronic applications made by users of the electronic store were made by persons specified in the data provided by the user when registering the user in an electronic store or when sending an order (proposal) by the user  without registration;

(5) The user agrees to receive all offers, documents and messages from the supplier in electronic form to the email address indicated by the User during registration in E-store or when placing an order (offer);

(6) Electronic offers, documents and any messages sent by the User to the supplier via the email address indicated by the User during registration on the E-store  or when placing an order (offer) are considered signed by a simple electronic signature. The electronic offer is considered to be received from the moment of its receipt in any of the information systems previously specified by the user;

(7) The parties agree that the legal force of a regular electronic signature is equal to a handwritten signature.

Art. 22. Conditions that are different from the conditions provided by general conditions can be agreed by additional written agreements between the supplier and the user. In case of inconsistency of the agreement in additional written agreements to the general provisions and terms, the agreements has a predominant force.

Art. 23. (1) These General Provisions and Conditions can be changed by the supplier, who must notify the users accordingly;

(2) The supplier and the user agree that any addition and/or change in these general conditions will have the strength against the user in one of the following cases:

1. After receiving a clear notice from the supplier to the email address provided by the user, and if the user does not declare within the 14-day period granted to him, that he rejects them; or

2. with their obvious acceptance by the user when placing an order in the electronic store;

(3) Notice on the rejection of the change and/or additions to the general provisions and conditions during the period specified in the previous paragraph is equivalent to a one -sided statement of termination of the agreement.

Art. 24. The supplier publishes general conditions along with all the changes and additions to them on the Internet at the web. address: www.newlinekids.com.

 

XI. TERMINATION

Art. 25. These general conditions and  contract between the user and the supplier stop their effect in the following cases:

1. upon termination and announcement of the liquidation or declaration of bankruptcy of one of the parties of the contract;

2. By mutual agreement of the parties in writing;

3. In the case of an objective inability of one of the parties to fulfill its obligation under the contract ;

4. When the equipment is  seized or sealed with by state authorities;

5. In case of removal of the user his registration in the E-store. At the same time, already concluded, but unfulfilled sale contracts remain in power and are subject to execution;

6. In cases provided in Art. 23, paragraph. 3.

Art. 26. The supplier has the right, at his discretion, without notice and without payment of compensation, unilaterally terminate the contract if he finds that the user uses E- store in violation of these general conditions, legislation of the Republic of Bulgaria, generally accepted moral standards and rules, and the practice of electronic commerce .

 

XII. Responsibility

Art. 27. The user undertakes to reimburse and free the supplier from responsibility in the case of court claims and other third parties’ claims (regardless of whether they are justified or not), and from all the loss and expenses (including the lawyers’ fees and legal costs) arising as a result or in connection with (1) non -fulfillment of any of the obligations under this Agreement, (2) violation of copyright, production, broadcasting rights or other rights to intellectual or industrial property, (3) illegal transfer to other persons  the rights granted to the user for the term and under the terms of the contract and ( 4) a false statement on the presence or absence of consumer status within the meaning of the Law on the Consumer Rights’ Protection .

Art. 28. The supplier is not responsible in the case of force majeure circumstances, random events, problems with the Internet, technical or other objective reasons, including orders of competent state authorities.

Art. 29. (1) The supplier is not responsible for the damage caused by the user to third parties;

(2) the supplier is not responsible for property or non-property damage expressed in lost benefits or incurred losses caused to the user in the process of using or not using E- store and concluding sale contracts with the supplier;

(3) the supplier is not responsible for the time during which the electronic store is not available due to force majeure;

(4) The supplier is not responsible for damage caused by comments, opinions and publications under products, news and articles in the electronic store.

Art. 30. (1) The supplier is not responsible in case of safety measures’ violation of the technical means, which brings to the loss of information, the spread of information, access to information, restriction of access to information and other similar consequences;

(2) The supplier is not responsible in the case of concluding a sale contract, providing access to information, loss or changes in the data that occurred as a result of a third party false identification, who could present himself as a user, if from the circumstances it can be judged that this person is a user.

 

XIII. OTHER CONDITIONS

Art. 31. (1) The user and the supplier undertake to protect each other's rights and legitimate interests, as well as to defend own commercial secret, which became known to them in the process of fulfilling the contract and these general conditions;

(2) The user and the supplier undertake during and after the expiration of the contract not to publish any written or oral correspondence between them. Publishing correspondence in print and electronic media, social networks, Internet forums, private or public sites, etc. It can be considered a public property.




Art. 32. The possible invalidity of any of the provisions of these general conditions does not entail the invalidity of other provisions of the general conditions or contract.

Art. 33. The legislation of the Republic of Bulgaria is applied to issues not regulated in this agreement related to the implementation and interpretation of this Agreement.



§1. These general conditions come into power on 10.10.2023.



Appendix No. 1

 

Standard form for exercising the right to withdraw from the contract:

(Fill and send this form only if you want to terminate the contract)

 

- To ‘Newkline kids’’, Burgas, PC 8000, St. Gladston 27, Email: support@newlinekids.com

- I/ We hereby inform/ notify you*, That I/we want to withdraw * from concluded sale contract* for the purchase of the following products*/provided services*

- Ordered on*/received on*

- User/s name

- User/s address

- User/s signature (only in case of paper form)

- Date

------------------------------------------------------

* The unnecessary to be deleted




Annex No.2



Information on the exercise of the right to withdraw from the contract



Standard withdrawal rules ::

I. The right to withdraw from the contract remotely or outside the trading facility.



II. You have the right to withdraw from this Agreement without explanation of the reasons within 14 days.



III. The term for  the contract termination is 14 days from the date (the date is filled in accordance with the types of the contract specified in paragraph 1, the letters “A”, “B”, “C”, “G” or “D” of the filling instructions).

In order to take advantage of your right to terminate, you must notify us of your decision to leave the contract in an unequivocal statement (for example, by a letter sent by mail or email). To exercise the right to refuse the contract, you can use the attached standard form, but this is not mandatory.

In order to comply with the period of termination of the contract, it is enough to send a message about the exercise of the right to terminate before the expiration of the established period.

 

IV. The action of termination.

If you cancel this agreement, we will refund all the payments that we received from you, including the cost of delivery (with the exception of additional expenses associated with the delivery method you have chosen, different from the cheapest standard delivery method, offered by us), without unjustified delay and in Anyway, no later than 14 days from the date, when you inform us of your decision to withdraw from this Contract. We will process the refund using the same payment funds that you used in the source transaction, unless you directly agreed on another; In any case, this return will be free for you. (In the case of a sale contract, in which you did not propose to pick up the goods in case of withdrawal, the text specified in clause 4 of the instructions to be filled out).

In cases, where the consumer received the goods in connection with the contract (the corresponding text may be supplemented in accordance with paragraph 5, letters “A”, “B” or “C” of the filling instructions).

In order to comply with the period the contract  termination, it is enough to send a message about exercising the right to terminate before the expiration of the established period.

 

Filling Instructions:

Fill one of the following texts in quotation marks:

а) in the case of contracts for the provision of services or for the supply of water, gas or electricity, when they are not offered for sale packaged in a limited volume or in a certain amount, for central heating or for digital content, which does not come with a physical medium: «Date of contract conclusion»;

b) in the case of a sale contract: “The date, in which you or the third party, other than the carrier and the specified by you, have entered into the ownership of the goods.”;

c) in the case of a contract, according to which the user orders a lot of goods that are delivered separately: “The date, in which you or a third party, except the carrier and you specified, have entered into the latest goods possession.”;

d) in the case of a contract under which goods consisting of several lots or parts are delivered: “The date, in which you or the third party, is other than the carrier and the specified by you, have entered into the possession of the last batch or part”;

e) in the case of a contract of regular delivery of goods within a certain period of time: "Date, in which you or a third party, other than the carrier and the specified by you, have entered into the first product."

2. (izm. - DV, br. 20 от 2022 г., I force from 28.05.2022 г.) indicate your name, address, phone number and email address.

3. If you allow the user in electronic form to fill out and send information about the exit from the contract on your website, follow the following actions:

“You can also fill out and send in electronic form a standard withdrawal form or another unambiguous request for rejection on our website (by adding a web address). If you use this option, we will immediately send you a notification on a reliable medium (for example, by e -mail) to the address to confirm the receipt of the refusal. ”

4. In the case of a sale contract , in which you did not propose to pick up the goods, in case of withdrawal, fill out the following:

“We have the right to hold the paid amount until we get the goods back or until you provide us with evidence that you sent the goods back, depending on what will come earlier.”

5. If the consumer received the goods in connection with the contract:

(а) Add either:

- "We will take the goods", or

- “We expect that you will send or return the goods to us or to ... (indicate the name and geographical address, if applicable, of the person authorized by you to receive the goods) without unjustified delay and in any case no later than 14 days from the day when You informed us of your withdrawal from this contract.

The term is considered to be observed if you send the goods back to us before the expiration of the 14-day period. ”;

(b) Add:

- “We take the costs of returning the goods.”;

- "You must bear direct expenses for the return of the goods.";

- if in the distance contract you do not propose to bear the costs of returning the goods and, by its nature, the goods cannot be returned in the usual way by mail: “You will have to bear direct expenses for the return of the goods BGN ______ (add the amount), or if the costs of The return of the goods cannot be calculated in advance within reasonable limits: “You must bear direct expenses for the return of the goods. It is expected that the costs will not exceed approximately ______ Lv. (add the amount). "Or

- if in the case of a contract outside the trading premise, the nature of the goods does not allow it to be returned to the usual way by mail and if it was taken to the house to the consumer at the time of the conclusion of the contract: “We will take the goods at our own expense.”, And

(b) Add: “You are responsible only for any reduction in the cost of goods as a result of their tests, except for those that are necessary to establish their nature, characteristics and proper functioning.”

6. In contracts for the provision of services or supply of water, gas, electricity, if they are not offered for sale, packaged in a limited volume or in a certain amount, or for central heating, to add:

“If you requested the beginning of the provision of services or the supply of water/gas/electricity/central heating (cross out unnecessary) during the cancellation period, you will pay us the amount proportional to what was provided until you notify us that you will exercise your right to the exit from this Agreement, regarding the total amount under the contract.

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