General terms and conditions

GENERAL TERMS AND CONDITIONS

of the online store Profish.bg

I. SUBJECT MATTER

Art. 1. These General Terms and Conditions ("Terms") are intended to govern the relations between Profish Ltd., registered in the Commercial Register at the Registry Agency under UIC 208255115, with registered office and address: Veliko Tarnovo, 36 Vasil Petleshkov Str., hereinafter referred to as the "Supplier", and the customers, hereinafter referred to as the "Users", of the online store www.profish.bg (the “Online Store”), owned by the Supplier.

II. SUPPLIER INFORMATION

Art. 2. (1) Information provided in accordance with the Electronic Commerce Act and the Consumer Protection Act regarding the Supplier:

1. Name of the Supplier: Profish Ltd.

2. Registered office and address: Veliko Tarnovo, 36 Vasil Petleshkov Str.

3. Address for business activities: Veliko Tarnovo, 36 Vasil Petleshkov Str.

4. Contact details: Veliko Tarnovo, 36 Vasil Petleshkov Str., phone: +359 888 924 103, email: sales.profishbg@gmail.com, website: www.profish.bg; other means of online communication: none

5. Registration in public registers: Commercial Register at the Registry Agency, UIC 208255115

6. VAT Registration No.: BG ……………….

7. Address for consumer complaints: Veliko Tarnovo, 36 Vasil Petleshkov Str., phone: +359 888 924 103, email: sales.profishbg@gmail.com, website: www.profish.bg

(2) Supervisory authorities:

1. Commission for Personal Data Protection
   Address: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.
   Phone: (02) 91 53 519, Fax: (02) 91 53 525
   Email: kzld@cpdp.bg
   Website: www.cpdp.bg

2. Consumer Protection Commission
   Address: Sofia 1000, 4A Slaveykov Square, floors 3, 4, and 6
   Phone: (02) 933 05 65
   Fax: (02) 988 42 18
   Hotline: 0700 111 22
   Email: info@kzp.bg
   Website: www.kzp.bg

III. FEATURES OF THE ONLINE STORE

Art. 3. The Online Store is an e-commerce platform, accessible at https://profish.bg, through which Users can conclude sales contracts for goods offered by the Supplier, including the following functionalities:

1. View the goods, prices, and delivery conditions;

2. Receive information about the nature and key characteristics of the goods;

3. Conclude sales and delivery contracts with the Supplier for the goods listed in the Online Store;

4. Make electronic statements in relation to the conclusion, execution, and termination of contracts via the interface of the website www.profish.bg, including its mobile versions;

5. Be informed of their rights under the applicable legislation;

6. Exercise their right of withdrawal, where applicable under the Consumer Protection Act.

Art. 4. The Supplier arranges the delivery of goods and ensures the rights of the Users under the law, acting in good faith, in line with commercial practices and consumer law.

Art. 5.
(1) Users conclude a sales contract with the Supplier following the procedure in Art. 8. The contract is concluded in Bulgarian and stored in the Supplier’s platform database.
(2) Users may review and correct input errors before sending the statement for concluding the contract. This is done through editing the order form before submitting it.
(3) Upon concluding the contract, the Supplier undertakes to deliver the goods and transfer ownership to the User.
(4) The User pays the Supplier a fee equal to the price listed in the Online Store, under the terms defined in these Terms.

IV. USING THE ONLINE STORE

Art. 6.
(1) The Online Store can be used either with or without registration.
(2) Registration is free, voluntary, and done via the Online Store’s dedicated section.
(3) Whether registered or not, Users must provide: name, surname, email address, phone number, delivery address, and agree to these Terms.
(4) By filling in the required data, clicking the “PAY” button, and accepting the Terms, the User declares to be aware of and accepts the Terms and undertakes to comply with them.
(5) The Supplier confirms the order via email or phone, upon which the contract is deemed concluded.
(6) The User must provide true and up-to-date information and update it in case of any change.
(7) The Supplier may block or delete the User’s registration and deny access to the Online Store if the information is deemed inaccurate or incomplete.

V. TECHNICAL STEPS FOR CONTRACT CONCLUSION

Art. 7. Users use the Online Store interface, including its mobile tools, to conclude sales contracts for goods.

Art. 8. The contract is concluded in the following steps:

1. The User selects one or more goods from the Supplier;

2. Fills in the order form with necessary data;

3. Selects delivery method and provides shipping details;

4. Selects payment method and timing;

5. Sends the order by clicking “PAY” and confirming acceptance of the Terms and Privacy Policy;

6. The Supplier confirms the order by email or phone and provides a durable confirmation copy of the contract.

VI. CONTENT OF THE CONTRACT

Art. 9.
(1) The Supplier and the User conclude separate sales contracts for each ordered item.
(2) The Supplier may deliver goods ordered under separate contracts in one shipment.
(3) User rights related to each item are exercised separately.
(4) The Supplier may refuse an order without stating a reason, notifying the User in due time.

Art. 10. To exercise rights under a contract, the User must clearly identify the contract and the relevant product.

Art. 11. The User pays the full amount upon ordering or delivery.

VII. SPECIAL TERMS FOR CONSUMERS UNDER THE CONSUMER PROTECTION ACT

Art. 12. The provisions of this section apply only to Users deemed consumers under the Consumer Protection Act.

Art. 13.
(1) Product characteristics are detailed on each product’s page.
(2) Prices include all taxes and are listed with each item.
(3) Additional delivery costs are stated separately during the order process.
(4) Payment, delivery, and contract execution methods are outlined in these Terms and on the website.
(5) The information is valid as displayed before order confirmation.
(6) Required legal information may be provided via the interface or email.

Art. 14.
(1) The Supplier may require advance payment for orders.
(2) The User can choose to pay before or upon delivery.
(3) Orders of 10,000 BGN or more must be paid via bank transfer.

Art. 15.
(1) The User has the right to withdraw from the contract within 14 days without stating a reason by using the standard withdrawal form (Appendix 1) or other clear means.
(2) This right does not apply in cases under Article 57 of the Consumer Protection Act.
(3) If the Supplier fails to provide mandatory information, the withdrawal period extends to 1 year and 14 days.
(4) Upon withdrawal, all payments including delivery are refunded within 14 days using the original payment method unless agreed otherwise.
(5) Return shipping costs may be deducted unless the User arranges return at their own expense.
(6) The User must preserve the goods’ quality and safety until returned.
(7) The Supplier may withhold a refund until goods are returned or proof of return is provided.
(8) Returned goods must be shipped back within 14 days of notifying the Supplier.
(9) The User covers return shipping unless the Supplier has agreed otherwise.
(10) The User is responsible for diminished value due to handling beyond what is necessary to assess the product.

Art. 16.
(1) Delivery time is stated individually for each product.
(2) If the item is unavailable, the Supplier informs the User and refunds payments made.

VIII. CONTRACT EXECUTION

Art. 17.
(1) Delivery may be organized via courier to the address given by the User.
(2) If no delivery time was agreed, the Supplier delivers within a reasonable period and informs the User of any delays.
(3) If the User is not available at the delivery address, the Supplier may reattempt delivery, and additional courier fees apply.

Art. 18.
(1) The User must inspect the goods upon delivery and immediately notify the Supplier if they do not meet the requirements.
(2) If no such notice is given, the goods are considered accepted, except for hidden defects.

IX. PERSONAL DATA PROTECTION

Art. 19.
(1) The Provider processes the personal data provided by the Users in accordance with its Privacy Policy and with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation), the Bulgarian Personal Data Protection Act, and other applicable legislation.
(2) The Provider’s Privacy Policy is available at: https://profish.bg and is an integral part of these General Terms and Conditions.
(3) The Provider has the right to store or gain access to information stored in the User’s terminal device in accordance with the “Cookie Policy,” provided that:

1. The Provider has provided the User with clear and comprehensive information pursuant to Article 13 of Regulation (EU) 2016/679; and

2. The Provider gives the User the opportunity to refuse the storage of or access to the information.
   (4) The User agrees that the Provider has the right to collect, store, and process data regarding the User’s behavior while using the Online Store. The User has the right to object to such storage or access, in accordance with the methods specified in the Privacy Policy.

Art. 20.
At any time, the Provider has the right to require the User to identify themselves and verify the accuracy of any of the circumstances and personal data declared during the registration or order process.

X. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 21.
(1) These General Terms and Conditions are an integral part of the Contract concluded between the Parties.
(2) By entering into the Contract, the User declares that they are familiar with these General Terms and Conditions and accept them.
(3) The User and the Provider agree that all statements between them related to the conclusion, performance, amendment, or termination of the Contract and these General Terms may be made electronically, pursuant to the Electronic Document and Electronic Certification Services Act and Article 11 of the Electronic Commerce Act.
(4) Electronic statements made by Users of the Online Store are presumed to be made by the individuals listed in the data provided during the User’s registration or order submission (if no registration was made).
(5) The User agrees to receive all statements, documents, and notifications from the Provider electronically at the email address provided during registration or order placement.
(6) Electronic statements, documents, and communications sent by the User to the Provider from the email address provided during registration or ordering shall be considered signed with a simple electronic signature. An electronic statement is considered received upon entry into any of the information systems specified by the User in the previous sentence.
(7) The Parties agree that the legal force of the simple electronic signature is equivalent to that of a handwritten signature.

Art. 22.
Different conditions from those provided in these General Terms may be agreed upon in writing between the Provider and the User. In case of discrepancies, the provisions of the written agreements shall prevail.

Art. 23.
(1) These General Terms may be amended by the Provider, who shall notify the Users in an appropriate manner.
(2) Any amendment shall be binding on the User under one of the following conditions:

1. Upon explicit notification to the User at the email address they have provided, and the User does not reject the changes within 14 days; or

2. Upon explicit acceptance by the User when placing an order in the Online Store.
   (3) A statement rejecting the amendments under para. 2 is equivalent to a unilateral termination of the Contract.

Art. 24.
The Provider publishes the General Terms and all amendments thereto on the website: www.profish.bg