Terms & Conditions

I. SUBJECT

Art. 1. These General Terms and Conditions are intended to regulate the relationship between the SUPPLIER - PHYZIKA OFFICIAL Ltd. (“We” / “Us”), registered in the Bulgarian Commercial Registry with UIC: 206507507, registered address: 60 Knyaz Boris I Street, Sofia, email: hello@phyzika.store and the USERS using the ELECTRONIC SHOP of the www.phyzika.store, hereinafter referred to as "the e-store'', including all additional services offered through it. By accessing or using the PHYZIKA® website and e-store, you agree to be bound by these Terms. If you do not agree to any of these Terms, please do not use our website.

II. DEFINITIONS AND GENERAL PROVISIONS

Art. 2. In these Terms and Conditions:

1. SUPPLIER means the platform for the sale of specialised clothes and other branded products operating through the online based PHYZIKA® E-STORE, which is owned by PHYZIKA® OFFICIAL Ltd., available at www.phyzika.store.
2. USER / CONSUMER is a legal / natural person, who has agreed to these General Terms and Conditions, has registered an account and/or subscribed to the WEBSITE, ITS ELECTRONIC SHOP, NEWSLETTER, or has otherwise identified himself/herself in connection with the request and purchase of the PRODUCTS offered via the ELECTRONIC SHOP. For detailed information on personal data protection, refer to the Privacy Policy. 
3. The E-STORE / ELECTRONIC SHOP is the website hosted on the www.phyzika.store domain, which serves as a virtual platform for offering PRODUCTS  and SERVICES for sale and for reaching an agreement between the SUPPLIER and the USER for the purchase of a specific PRODUCT.
4. ORDER is the transaction entered by the consumer by pressing the respective “Buy” button. The term may also be used in all communications / official reports / references as a reference to the overall administration of a particular item (product) / group of items (products) in respect to which the above-mentioned functionality has been activated in the course of USER’s interaction with the platform. 
5. A COURIER is a merchant who physically delivers the purchased PRODUCT(S) to an address specified by the USER. Items contained in an ORDER from the E-STORE are delivered by courier company FedEx / DHL, or other such company per SUPPLIER’s discretion, or are  provided in electronic format.
6. PRODUCTS are all goods and services listed and characterised in detail in the E-STORE, the sale and delivery of which are provided by the SUPPLIER in accordance with these applicable Terms and Conditions, as updated from time to time. 
7. DELIVERY includes all actions of transfer of the ordered from the E- STORE (PRODUCT) to the address indicated by the USER, through the use of the services of the COURIER, or online via the USER’s account and/or e-mail address.
8. TRANSFER covers all actions by which the actual possession of the purchased PRODUCT passes to the USER.
9. PERSONAL DATA is any information about the User, that may identify them, irrespective of the manner, including but not limited to: name, email address, shipping address, billing address, and payment information;

Art. 3. The ELECTRONIC SHOP is available on the www.phyzika.store website, through which registered with an account USERS have the opportunity to purchase the PRODUCTS listed in the ELECTRONIC SHOP and offered by the SUPPLIER. 

Art. 4. The SUPPLIER shall execute the orders from the ELECTRONIC SHOP guaranteeing the USER's rights, in accordance with the applicable Bulgarian legislation in force, and shall take all necessary measures to protect the personal data provided by the USER, according to the Privacy Policy.

Art. 5. By placing an order through the ELECTRONIC SHOP, the USER undertakes to comply with these General Terms and Conditions and to acquire the ordered PRODUCTS offered through the interface maintained by the SUPPLIER and available on the www.phyzika.store website.

III. USE OF THE E-STORE. REGISTRATION

Art. 6. (1) In order to use the ELECTRONIC SHOP for the purchase of PRODUCTS, the USER shall enter a username and password of his choice in cases where the ELECTRONIC SHOP requires registration.

(2) The name and password shall be determined by the USER by registering electronically on the SUPPLIER's website.

(3) By filling in his/her details and clicking on the "Yes, I accept" or "Register" buttons, the USER declares that he/she is familiar with these General Terms and Conditions, agrees with their contents and undertakes to comply with them unconditionally. The present General Terms and Conditions shall be deemed to be accepted by the USER without registration in the ELECTRONIC SHOP - by means of a consensual action expressed in the visit of the ELECTRONIC SHOP by the USER.

(4) The SUPPLIER confirms the registration made by the USER by sending an email to the email address specified by the USER, to which is also sent information for activation of the registration. The USER confirms his registration by means of an electronic link in the email notifying him of the registration. Once the registration is confirmed, the USER's account is created, which is necessary for the SUPPLIER and the USER to enter into a contractual relationship.

(5) When registering, the USER undertakes to provide correct and up-to-date data. In case of change, loss or theft of the relevant data allowing access to the account of the USER, the latter is obliged to promptly update the data specified in the registration application, respectively to notify the ELECTRONIC SHOP of the stolen / lost data. In the event that the USER has not notified of the theft / unauthorised access to his account the SUPPLIER shall not be liable for any orders made from the account and shall be liable for their execution, and the USER shall be liable for their receipt.

(6) In order to use the full functionality of the SUPPLIER'S ELECTRONIC SHOP, the USER must register on the ELECTRONIC SHOP'S website. The SUPPLIER shall not be held liable in the event that due to lack of registration the USER is unable to use the full functionality of the ELECTRONIC SHOP, including the possibility to claim a lower price and other similar functions, reserved exclusively for the registered users.

(7) Upon registration in the ELECTRONIC SHOP, the USER does not acquire any rights and/or licences to the content of the SUPPLIER's website, the SUPPLIER's products, intellectual property and/or brands and/or third parties. The USER has no right of access to the program codes of the ELECTRONIC SHOP and has no right to copy or modify it in any way. Any attempt by the USER to access, copy or modify the program codes of the ELECTRONIC SHOP shall be deemed a gross violation of these Terms and Conditions and of the rights of the SUPPLIER.

(8) The statements of the USER when using the interface of the ELECTRONIC SHOP shall be considered valid and the written form shall be deemed to be complied with by the USER performing actions such as: sending a message by email, including from a primary email address, clicking on an electronic button on a page with content that is selected or filled in by the USER, or checking a box in the ELECTRONIC SHOP, etc., insofar as the will of the USER is technically recorded in a way that allows it to be reproduced.

Art. 7. (1) The e-mail address provided at the time of the initial registration of the USER, as well as any subsequent e-mail address used for the exchange of statements between the USER and the SUPPLIER, is the "Primary email address" within the meaning of these General Terms and Conditions. The USER may change its Primary Electronic Address by sending the relevant notification to the ELECTRONIC SHOP from its current Primary Electronic Address and requesting the new Electronic Address.

(2) The SUPPLIER shall not be liable to the USER for any unauthorised modification of the Primary Electronic Address or access thereto, as well as for any statements made from such Primary Electronic Address, which shall be deemed authentic and reliable.

(3) To the extent that the PROVIDER is not aware of the change in the Primary Electronic Address within 14 days of the change occurring, any message that is sent to the former Primary Electronic Address will be deemed to have been received from the time it leaves the electronic system under the control of the PROVIDER.

(4) SUPPLIER shall have the right, in its sole discretion for potential security risk and/or disruption to the normal operation of the ELECTRONIC SHOP, to temporarily prohibit USER's use of the ELECTRONIC SHOP, and to delete USER's account without notice or other notification, and without compensation or other remedy.

(5) The SUPPLIER has the right to temporarily suspend the services offered through the ELECTRONIC SHOP if it deems it necessary to update the same or due to a security risk of the ELECTRONIC SHOP.

IV. TECHNICAL STEPS FOR ORDER EXECUTION

Art. 8 (1) (1) The USER shall place orders for the delivery of goods to the SUPPLIER according to the following procedure:

• Registration on the website on which the ELECTRONIC SHOP is located, namely www.phyzika.store - and provision of the necessary data if the USER has not registered on the ELECTRONIC SHOP until that moment;
• Logging in to the system to place orders on the ELECTRONIC SHOP by identifying with a name and password or other means of identification;
• Selecting a PRODUCT from those offered by the ELECTRONIC SHOP and adding the PRODUCT to a list (basket) of products for purchase;
• Providing details for making the delivery;
• Choosing the method and time of payment of the applicable price;
• Order and delivery details confirmation.

(2) The USER may also conclude a purchase contract with the SUPPLIER without registering by using the corresponding option in the interface of the ELECTRONIC SHOP, if such functionality is available.

Art. 9. (1) The USER shall use the interface of the SUPPLIER's website to purchase the PRODUCTS offered by the SUPPLIER in the ELECTRONIC SHOP.

 (2) Party to the purchase and sale with the SUPPLIER is the USER, according to the data provided at registration and contained in the personal profile of the USER. For the avoidance of doubt, these are the data with which the account with the SUPPLIER was created. In the event that no registration is available, the USER is deemed to be the person according to the identifying data entered in the course of placing the order.

(3) The SUPPLIER shall include in the interface of its website technical means for detecting and correcting errors in entering information before an order is placed.

(4) The order shall be deemed to have been placed from the moment of selecting PRODUCTS from the catalogue, regardless of whether this has been preceded by registration in the SUPPLIER'S ELECTRONIC SHOP or the USER has otherwise identified itself, and its confirmation by the SUPPLIER.

(5) The SUPPLIER shall deliver the PRODUCTS to the address and shall not be liable in case the data provided by the USER are false or misleading. PRODUCTS of electronic nature (e.g. discount vouchers; gift vouchers, etc.) shall be received in electronic format by the USER.

V. SUPPLIER'S REFUSAL TO AN ORDER

Art. 10. (1) The SUPPLIER shall be entitled to refuse to deliver products and/or to accept and/or fulfil an order from the USER, without any compensation or other action or payment due to the USER, when:

• The USER acts in breach of these Terms and Conditions;
• the information provided by the USER is incomplete, misleading, false and/or invalid;
• the actions of the USER may damage the rights, interests and/or commercial prestige of the SUPPLIER or its affiliates;
• the USER’s conduct is contrary to law, morality or commercial practices;
• the USER has not paid the price of other PRODUCTS purchased from the SUPPLIER.

(2) SUPPLIER may fail to deliver (incl. digitally) some or all of the PRODUCTS from the USER's order for various objective reasons, including but not limited to, due to out of stock of the PRODUCTS or due to the event of capacity of a limited offer being depleted, in which case the SUPPLIER shall not be liable to compensate the USER except for a refund of the price paid by the USER for the relevant PRODUCT.

(3) The SUPPLIER shall send notification by email, including to the Primary Email Address, or notify the USER by telephone call of its refusal or inability to deliver all or part of the order, if the USER has provided a valid e-mail address or telephone number. In this case, the USER shall only pay for what is delivered to him.

VI. TERMS OF DELIVERY OF ORDERED PRODUCTS

Art. 11. (1) Delivery shall only be made of orders successfully placed and accepted, the DELIVERY of which has not been refused by the SUPPLIER in the cases mentioned above. 

(2) The ordered PRODUCTS shall be delivered to the address indicated by the USER. The delivery address details provided by the USER must be correct in order for the DELIVERY to be fulfilled. The USER shall receive certain products in electronic format at the email address indicated by him/her immediately after payment for them.

(3) The ordered products are delivered suitably packaged according to their type and the transport used for DELIVERY.

(4) The risk of accidental loss of the ordered products shall pass to the USER from the moment the products are handed over to the USER or to a person designated by the latter.

Art. 12. (1) The ELECTRONIC SHOP shall use as COURIER FedEx or another company as deemed fit, the usual delivery hours being from 9.00 to 17.30. Delivery is not made on Sundays and public holidays.

(2) DELIVERY shall be made to the address (whether residential or business) specified by the USER or to the specified office of the COURIER in the relevant city.

Art. 13. If the USER / designated recipient does not provide access and conditions for the delivery of the PRODUCTS to the specified address within the specified period or does not go to the specified office of the courier company to receive the shipment in time, in case they have chosen this option, the SUPPLIER shall be released from the obligation to perform the requested DELIVERY.

VII. PRICE AND METHODS OF PAYMENT

Art. 14. (1) The prices for the PRODUCTS, including the delivery, are those described in the ELECTRONIC SHOP for each PRODUCT - in the section "CATALOGUE" and additionally in the section "Delivery and Payment", at the time of ordering the PRODUCTS, except in cases of obvious error.

(2) The information in the ELECTRONIC SHOP shall ensure that the USER is aware that payment (including the taxes and fees described for each SERVICE and PRODUCT, together with the value of courier or shipping costs) is due for the selected SERVICES and PRODUCTS, including by placing such information on a link, field or separate page through which the ORDER is confirmed and placement is thus finalised.

(3) In the event of an obvious error, the SUPPLIER reserves the right to obtain from the USER the actual price of the PRODUCTS ordered by the USER or the immediate return thereof.

(4) The prices of the SERVICES and PRODUCTS are in Bulgarian levs and include all taxes and fees payable, including value added tax (VAT). Prices are subject to change without prior notice.

(5) The SUPPLIER may provide discounts for the PRODUCTS in the ELECTRONIC SHOP, in accordance with the requirements of Bulgarian legislation and rules set by the SUPPLIER. The rules applicable to the relevant discount are available in the section of the ELECTRONIC SHOP where the discount is displayed. Different types of discounts cannot be combined when ordering and purchasing the same PRODUCTS.

(6) When selecting "Cash on Delivery", the USER is obliged to pay the PRODUCTS in cash to the COURIER upon DELIVERY of the item. The USER is obliged to pay in full the price of the purchased PRODUCTS and the costs of DELIVERY no later than the moment of delivery of the PRODUCT.

(7) The USER agrees that the SUPPLIER is entitled to accept payment in advance for the goods ordered by the USER and their delivery.

(8) The USER independently chooses whether to pay the SUPPLIER the price for delivery of the PRODUCTS before or at the latest by the time of delivery. In all cases, the Parties shall consider that title to the Products shall not pass to the USER until the purchase price due has been paid in full.

(9) The period of delivery of the PRODUCTS is specified when placing the respective order. Delivery times shall vary according to the preferences of the USER, availability and other external conditions / unforeseen circumstances pertaining to physical transport. Delivery time starts from the date following the placement of the USER's order to the SUPPLIER via the WEBSITE OF THE ELECTRONIC SHOP.

(10) The SUPPLIER undertakes to deliver and transfer to the USER the ownership of the products specified by the USER through the interface of the ELECTRONIC SHOP, after their full and final payment. 

VIII. RECLAMATION AND RETURN OF PRODUCTS

Art. 15. (1) The USER shall have the right to claim or return goods purchased from the ELECTRONIC SHOP within 14 days of receipt of the goods. Failure to give notice within these time limits shall be equivalent to approval of the PRODUCT. A complaint is made when the PRODUCTS purchased do not conform to what was agreed between the parties or shipped. The non-conformity in what has been agreed between the parties may consist in:

• manufacturing defects of the PRODUCTS;
• different content/packaging/presentation of the PRODUCTS compared to that contained in the relevant section of the ELECTRONIC SHOP;
• damage to the PRODUCTS during transportation.

(2) The complaint may be submitted in writing to the SUPPLIER at the email address: hello@phyzika.store, as well as via the Claims Form available on the website.

Art. 16. In the event of a timely, accurate and justified complaint of non-conformities, in accordance with the above, the SUPPLIER - within one month of the complaint and at the direction of the USER - shall either replace the defective PRODUCTS or supplement the delivery with the missing products and items, or compensate the USER for the defects by way of a price reduction.

Art. 17. Complaints must be accompanied by the relevant evidence and the relevant documentation to be examined by the SUPPLIER. For the advertised defect, the parties shall sign a Statement of Findings to which photographs of the advertised products shall be attached. Where delivery is made by the COURIER, the report shall be signed by the USER and the COURIER in order for the complaint to be examined by the SUPPLIER.

Art. 18. (1) The return of products and items in cases of non-conformity with the declared type/size/quantity of the products shall take place under the following conditions:

• the packaging and the items in it are not torn, scratched, worn or otherwise deteriorated;
• no damage caused by improper use;
• the original packaging and labelling are preserved.

(2) The SUPPLIER will not accept the complaint and will not be liable for replacement or compensation if the advertised PRODUCTS are not returned in the form described in these General Terms and Conditions or if the documents provided are not handed over.

(3) The USER shall not be entitled to a claim if the non-conformity of the PRODUCTS is due to improper or inadequate storage or other acts or omissions of the USER, including improper use or failure to follow the instructions and usual practices for the use of the items; improper, inadequate or inappropriate use or storage; mechanical impact or other external influence, improper handling or natural wear and tear, etc., including when these General Terms and Conditions are not complied with.

(4) The complaint of defects of certain products shall not entitle the USER to refuse subsequent deliveries or payment of other products to the SUPPLIER under the same or any other legal relationship or order.

(5) The return of products in the event of a complaint may be made in the manner, and to the address indicated on the goods receipt with which the USER received the order.

Art. 19 (1) The USER shall have the right to withdraw from the contract for the purchase and sale of PRODUCTS concluded with the SUPPLIER, without giving any reason, without compensation or penalty, within 14 days from the date of acceptance of the PRODUCTS by the USER or by a third party other than the COURIER and designated by the USER. The USER has the right to cancel the contract for the purchase of PRODUCTS. The right of cancellation is exercised by a statement by the USER, made to this effect in an unambiguous manner, which may be recorded on a durable medium, including via email. 

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

1. for the delivery of goods made to order of the USER or according to his individual requirements;
2. for the delivery of goods which by their nature may deteriorate in quality;
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 delivery of goods which, having been delivered, have by their nature become mixed with other goods from which they cannot be separated;
5. for the supply of sealed sound or video recordings or sealed computer software which have been unsealed after delivery;
6. for the supply of newspapers, periodicals or magazines, excluding subscription contracts for the supply of such publications, if such become available via the website at any point in future.

(3) Where the SUPPLIER has not fulfilled its obligations to provide information as set out in the Consumer Protection Act, the USER shall have the right to cancel the contract within one year and 14 days from the date of receipt of the goods. Where the information is provided to the USER within the withdrawal period, the withdrawal period shall start from the date of its provision. The USER is entitled to make the withdrawal statement under this Article directly to the SUPPLIER via submitting a statement to this effect to the SUPPLIER.

(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 not later than 14 days from the date on which he was notified of the CONSUMER's decision to withdraw from the contract. The SUPPLIER shall reimburse the amounts received using the same means of payment used by the USER in the original transaction, unless the USER has expressly agreed to use another means of payment and provided that this is at no cost to the USER.

(5) If the right of withdrawal is exercised, the cost of returning the goods delivered shall be borne by the USER and the cost of returning the goods shall be deducted from the amount paid by the USER under the contract. The SUPPLIER shall not be obliged to reimburse the additional costs of delivery of the goods where the USER 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 shall store the goods received from the Supplier and ensure their quality and safety during the period referred to in para. 1.

(7) The USER may exercise his right of withdrawal from the contract with the SUPPLIER by sending a written statement to the SUPPLIER to this effect..

(8) Where the SUPPLIER has not offered to collect the goods itself, it may withhold payment of the amounts to the USER until it has received the goods or until the USER provides proof that it has sent the goods back, whichever is the earlier.

(9) The right of cancellation in respect of the SUBSCRIPTION SERVICE contract shall be exercised by the USER by using the designated digital button at the end of each email received by virtue of said subscription.

(10) In the event of cancellation of the contract, the USER shall return the purchased PRODUCTS in the condition in which they were received - with the commercial appearance intact and with the label intact.

(11) In case of cancellation of the contract, if the USER has paid for the PRODUCT, he shall be refunded the amount paid for the returned goods to a bank account specified by him within 14 (fourteen) days after the return of the PRODUCT. No refunds shall be made until the USER returns the goods.

(12) If the goods are not returned within 14 days of the USER's statement of cancellation, the cancellation shall be of no effect.

(13) In the event of replacement of PRODUCTS, the transport costs shall be borne by the USER in both directions, unless the replacement is due to the fault of the SUPPLIER. In case the USER wishes to exchange or return a product, this can be done with the courier company the shipment was originally delivered with.

IX. USER’S OBLIGATIONS

Art. 20. (1) The USER shall, when using the ELECTRONIC SHOP, obliges:

• not to commit malicious acts or any other acts contrary to the law or infringing the rights of others;
• immediately notify the SUPPLIER of any violation committed or detected when using the services provided;
• not to impersonate another person / use false identity.

(2) The USER undertakes not to make or attempt to gain unauthorised access to the services provided by the ELECTRONIC SHOP by intercepting and using other people's passwords or any other methods, not to circumvent, damage or otherwise interfere with the normal operation of technical or software applications on the www.phyzika.store website that prevent or could prevent or restrict access to others' email inboxes, administrative panels, computer systems and networks related to the services provided.

X. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION

Art. 21. (1) The rules of this Section X of these General Terms and Conditions shall apply to those USERS who, according to the data provided for the conclusion of the purchase contract or during registration in the ELECTRONIC SHOP, can be inferred to be Consumers within the meaning of the Consumer Protection Act, the E-Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.

Art. 22. (1) The main characteristics of the products offered by the SUPPLIER are defined in the profile of each product, respectively in the page of each SUBSCRIPTION SERVICE, on the WEBSITE OF THE ELECTRONIC SHOP, together with the indication of the legal guarantee of conformity of the products supplied with those contained in the catalogue, the conditions for the exercise of the right of withdrawal of the USER, etc. The price of the goods including all taxes shall be determined by the SUPPLIER in the listing of each PRODUCT (incl. services) on the website of the ELECTRONIC SHOP.

(2) The value of transport costs not included in the price of the PRODUCT shall be determined by the SUPPLIER and shall be provided as information to the USER at one of the following times before the conclusion of the contract:

• In the profile of each of the SUBSCRIPTION SERVICES and each PRODUCT on the WEBSITE OF THE ELECTRONIC SHOP;
• When selecting the goods to conclude the purchase contract.

The method of payment, DELIVERY and execution of the contract are defined in these General Terms and Conditions, as well as by the information provided to the USER in the ELECTRONIC SHOP at the time of confirmation of the order.

(3) The website of the ELECTRONIC SHOP contains information about the SUPPLIER, concerning its registered company number, the registered address, telephone number and correspondence address, including electronic address, as well as the address of its main business activity.

(4) The information provided to the USER under the above paragraph shall be up-to-date at the time of its visualisation on the SUPPLIER's website prior to the order of the respective PRODUCTS, respectively the subscription for the respective PRODUCTS. SERVICE.  The USER agrees that all information required by the Consumer Protection Act may be provided through the interface of the ELECTRONIC SHOP.

(5) The USER and the SUPPLIER agree that all statements between them in connection with the conclusion and performance of the purchase and sale may be made electronically and by electronic statements within the meaning of the Electronic Document and Electronic Certification Services Act and the Electronic Commerce Act.

(6) The USER agrees that the SUPPLIER shall be entitled to accept advance payment for contracts concluded with the USER for the purchase and delivery of goods.

(7) The USER independently chooses whether to pay the SUPPLIER the price to deliver the PRODUCTS before or at the time of delivery. The parties will consider that title to the goods shall not pass to the USER until the purchase price has been paid in full.

(8) Electronic statements made by the USER in the ELECTRONIC SHOP 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 and has not previously notified the ELECTRONIC SHOP of a lost/stolen password or username.

(9) If the SUPPLIER is unable to perform the contract because he does not have the ordered goods, he shall notify the USER and refund the amounts paid by him.

(10) The SUPPLIER shall hand over the goods to the USER upon verification that the requirements for providing information to the USER under the Consumer Protection Act have been met.

(11) The USER and the SUPPLIER shall certify the circumstances referred to in par. (10) in writing at the time of DELIVERY by handwritten signature, unless otherwise agreed.

(12) The USER and the SUPPLIER agree that the requirements of par. (10) shall be complied with if the certification is made by a person who, under the circumstances, can reasonably be inferred to convey the information to the USER party to the contract.

XI. PERSONAL DATA PROTECTION

Art. 23. (1) The SUPPLIER takes measures to protect the USER's personal data, in accordance with the Personal Data Protection Act, 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 the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) and the Electronic Commerce Act.

(2) For reasons of security of the USERS' personal data, the SUPPLIER will provide information about completed orders only to the Primary email address, in the sense of these General Terms and Conditions.

(3) When visiting the website of the E-STORE and placing an order, the SUPPLIER informs all persons of the circumstances under Art. 13 and 14 of REGULATION 2016/679 and provides information about their rights in the process of processing their personal data.

Art. 24. (1) The USER agrees to his data being processed by the SUPPLIER for the purpose of fulfilling orders in the ELECTRONIC STORE and for the purpose of fulfilling the order. The USER undertakes to guarantee the privacy of data and its dissemination only under the conditions of Art. 6 of Regulation 2016 / 679, insofar as the subject of the personal data has given consent to this.

(2) With each use and/or registration of an account on the website www.phyzika.store, the SUPPLIER assumes that the USER agrees, by pressing the "ACCEPT" button, that the data he provided during the registration process be processed by the SUPPLIER and that the same are true, complete, given voluntarily and do not infringe the rights of others.

Art. 25. By accepting these General Terms and Conditions, the USER agrees to the processing of his personal data for the purposes of direct marketing. 

Art. 26. (1) At any moment the SUPPLIER has the right to require the USER to identify himself and to certify the authenticity of each of the circumstances and personal data announced during the registration process.

(2) In the event that for any reason the USER has forgotten or lost his name and password, the SUPPLIER has the right to apply the announced Procedure for lost or forgotten names and passwords.

(3) The present rules for the protection of personal data are supplemented by the Personal Data Protection Policy, available on the website www.phyzika.store.

XII. CONDITIONS FOR INFORMATION COPYING, COOKIES AND ADVERTISING

Art. 27. (1) All information published on the website www.phyzika.store is the property of PHYZIKA OFFICIAL Ltd., UIC: 206507507, incl. photos and product descriptions. The ELECTRONIC SHOP authorises owners of other sites and users to post links to the www.phyzika.store website. It is prohibited to copy texts from the website and  place them in other websites and/or electronic stores without the consent of PHYZIKA OFFICIAL Ltd. or without citing the source, by posting the relevant link to the website.

(2) Intellectual property rights on all materials and resources located on the SUPPLIER's website (including available databases) are subject to protection under the Copyright Act and its related rights, belong to the SUPPLIER and cannot be used in violation of the applicable laws.

 (3) PHYZIKA is a registered trademark and is protected by international copyright laws.No unauthorised use is permitted.

 Art. 28. (1) In order to facilitate the use of the ELECTRONIC STORE, it uses the so-called "Cookies" (Cookies). "Cookies" are files that are temporarily stored on the USER's hard drive and allow the ELECTRONIC STORE to recognize the USER's computer during the next visit to the ELECTRONIC STORE's website.

(2) Google Adwords remarketing advertising: THE ELECTRONIC SHOP uses Google's remarketing advertising service. This means that when visiting the ELECTRONIC SHOP, Google receives information about the visit and then sends advertisements to the USER on the sites that the latter visits. Third-party vendors, including Google, use cookies to collect the information about the USER's visits and use it to display advertisements on the ELECTRONIC SHOP on their advertising platforms. USERS of the Site may opt-out of the use of cookies by Google and third-party vendors at the Network Advertising Initiative opt-out page http://www.networkadvertising.org/choices/.

 (3) Third Party Cookies: THE ELECTRONIC SHOP uses cookies to store information to measure the performance of the site and advertisements by demographics, interests, duration of sessions, etc. The website phyzika,store uses Google Analytics - a web analysis service offered by Google, Inc. Google Analytics uses cookies as well as files stored on the USER's computer in order to make a possible analysis of the use of the site. All this information is used by the ELECTRONIC SHOP solely for statistical purposes and to identify wrong links or program errors. Disclosure of information to third parties is not carried out.

 (4) The USER can control and/or delete cookies whenever he wishes. For more information, see AllAboutCookies.org. The USER can delete all cookies already saved on the respective computer and can also set most browsers to block them. However, if this is done, the USER may need to manually adjust some parameters each time they visit a site, and some services and features may not work. Allowing cookies is not absolutely necessary for the website to work, but it contributes to its more efficient use. Further information is available in our Cookie Policy

 (5) When visiting the ELECTRONIC SHOP, the USER uses the generated information mainly for statistical purposes. This allows the ELECTRONIC SHOP to constantly optimise and change the site according to the requirements and interests of the USERS. The use of the generated information for statistical purposes is not related to the administration of personal data.

XIII. CHANGES AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 29. (1) These General Terms and Conditions may be amended by the SUPPLIER, of which the latter is obliged to notify all registered USERS in an appropriate manner.

(2) The SUPPLIER is obliged to notify the USER of any change in these General Terms and Conditions within 7 days of the occurrence of this circumstance at the Primary email address specified by the USER.

(3) The USER agrees that all statements of the SUPPLIER, in connection with the amendment of these General Terms and Conditions, will be sent to USER's primary email address. USER agrees that e-mails sent pursuant to this Article do not need to be electronically signed to be effective against him.

(4) The USER and the SUPPLIER agree that any addition and amendment to these General Terms and Conditions will be effective against the USER  from the moment of publication of the relevant amendments to the General Terms and Conditions on the site, accompanied by distribution of said notification email..

Art. 30. The SUPPLIER publishes these General Terms and Conditions on the ELECTRONIC SHOP website, together with all amendments and additions to them.

XIV. LIMITATION OF LIABILITY

Art. 31. THE ELECTRONIC SHOP takes care to enable the USER to use the services of the website www.phyzika.store normally, but does not have the obligation and does not guarantee that they will meet the USER's requirements, nor that they will be continuous, timely or secure . By accepting these General Terms and Conditions, the USER declares that the use of the services provided by the ELECTRONIC SHOP will be entirely at his own risk and responsibility, and the parties agree that the SUPPLIER is not responsible for any damages caused to the USER when using the ELECTRONIC SHOP. 

Art. 32. (1) THE ELECTRONIC SHOP is not responsible for the availability and quality of products and the content of services brought to the attention of the USER by publishing on the Internet page electronic references, advertising banners and announcements for the sale of products and the provision of services by third parties and/or by attaching them to the text of commercial messages sent to him at the email address indicated by him during his registration or generated during his registration. 

(2) As far as the actions of these third parties are not under the control of the SUPPLIER, the same is not responsible for the illegal nature of the activity of the third parties or for the origination, guarantee, execution, amendment and termination of assumed obligations and commitments in connection with the offered by the third party products and services, and is not responsible for suffered damages and lost benefits arising from these relations.

Art. 33. The SUPPLIER is not responsible for failure to provide the services on the www.phyzika.store website in the event of circumstances beyond its control - in cases of force majeure, random events, problems in the global Internet network and in the provision of services beyond the SUPPLIER’s control, problems due to the USER's equipment, as well as in case of unauthorised access or intervention by third parties in the functioning of the information system or servers of the ELECTRONIC SHOP.

Art. 34. The SUPPLIER shall not be liable for any damage caused to the USER's software, hardware or equipment, or for any loss of data resulting from materials or resources searched, downloaded or used in any way through the ELECTRONIC STORE site. 

Art. 35. (1) By accepting these General Terms and Conditions, the USER declares that he is aware of the possibility of possible interruptions and other types of difficulties when establishing the Internet connection to the website www.phyzika.store, which may arise regardless of the care taken by the SUPPLIER .The USER declares that he will not claim any compensation from the SUPPLIER for lost benefits, suffered damages or inconveniences due to the occurrence of the above-mentioned interruptions or difficulties in the Internet connection, including in relation to the capacity of this connection.

Art. 36. (1) The USER is responsible and undertakes to indemnify the SUPPLIER for all lost profits, damages and losses as a result of the USER's violation of the law or these General Terms and Conditions.

(2) The SUPPLIER is not responsible for damages, lost profits, costs, claims or other responsibilities to the USER, if they occurred as a result of non-compliance with these General Terms and Conditions by the USER.

Art. 37. THE ELECTRONIC SHOP is not responsible and does not owe compensation to a person whose personal data was used by another person to place an order and an order through the ELECTRONIC SHOP site, regardless of whether or not he gave consent for this.

XV FINAL PROVISIONS

• 1. In the event of the invalidity of individual clauses of these General Terms and Conditions, this will not entail the invalidity of the remaining clauses, and the individual invalid clauses will be considered to be legally superseded by the mandatory rules of the applicable law.
  
  
• 2. The provisions of the applicable legislation in the Republic of Bulgaria shall apply to all matters not expressly settled in these General Terms and Conditions. 
  
  
• 3. All disputes arising in the relations between USERS - users of the ELECTRONIC SHOP and the SUPPLIER are resolved by mutual agreement, and if such is not reached via constructive negotiation, the SUPPLIER and the USER try to resolve the dispute through mediation with a mediator from the Center for Agreements and Mediation at the Sofia District Court within a month from the start of the dispute, before the parties refer it to the relevant Bulgarian court.  

Nothing from the above-mentioned provisions should be interpreted as derogating the right of the SUPPLIER or the USER to seek protection of their violated rights before the competent courts, in accordance with the legislation applicable in the Republic of Bulgaria.

Contact Us

If you have any questions about these Terms, please contact us at hello@phyzika.store

 

Version: 24.05.2024