Terms and Conditions
Welcome to www.fitspo-eu (hereinafter referred to as "Web site" or "website") which is operated by „FITSPO“ LTD (hereinafter referred to as Provider) and may be accessed worldwide.
By using this website you warrant that you are at least 18 years of age and agree to be bound by these Terms and Conditions for the use of the website. Please read these Terms and Conditions carefully before using this website and if you have any questions, please contact us at: + 359 879 822 001.
If you do not agree to any of the conditions contained in these Terms and Conditions, you should not use this website.
II. PURPOSE AND SCOPE OF THE TERMS AND CONDITIONS
1.2 These Terms and Conditions will come into force as soon as the User uses the website for the first time. The Terms and Conditions shall be applied each time the User visits and uses the website and will have effect from stopping of the use of the website. The User undertakes to use the website and all the contents of the website legally, in accordance with the conditions set forth in these Terms and Conditions.
2.1 For the purposes of these Terms and Conditions:
a/ Provider is „FITSPO“ LTD.
b/ User/s is/are:
- the visitor/s to the website https://fitspo-eu;
- the individual who has purchased goods from the online shop of the Provider;
- the individual who has subscribed to receive newsletters.
c/ Contact Form is a provided formular in an electronic form, which full completion is a condition for contacting the Provider.
d/ Newsletter subscription is including an User’s e-mail address in a list with e-mail addresses where the owner of the e-mail address receives updated information about the goods offered by the Provider.
2.2 These Terms and Conditions provide information about:
- Identification of the Provider;
- Subject matter of the Terms and Conditions;
- Characteristics of the Website;
- Way of ordering of goods;
- Pricing and payment terms;
- Order refusal;
- Refusal of delivery;
- Return of goods;
- Reimbursement of payments;
- Force majeure;
- Rights, obligations and liability of Users of the website;
- Rights and obligations of the Provider;
- Personal data protection;
- Exemption from liability;
- Links to third party websites;
- Newsletter subscription;
- Intellectual property rights;
- Final provisions.
IV. IDENTIFICATION OF THE PROVIDER
- Name of the Provider: "FITSPO" LTD.
- Seat and registered address: Sliven 8800, 12 "Hadzhi Dimitar" Square, Entrance A, Apartment 12
- Contacts: telephone: +359 879 822 001, e-mail address: email@example.com
Data for entry in the commercial register and any other public register:
"FITSPO" LTD is a company, registered in the Commercial Register at the Registry Agency with UIC: 202380763. "FITSPO" LTD is VAT registered.
INFORMATION ABOUT SUPERVISORY AUTHOROTIES
1. Commission for Personal Data Protection
Address: Republic of Bulgaria, Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.
Е-mail: firstname.lastname@example.org, email@example.com
2. Commission for Consumer Protection
Address: Sofia 1000, 4A "Славейков" Square, floor. 3, 4 and 6
Telephone: 02/933 0565
Fax: 02 / 988 42 18
Hot line: 0700 111 22
V. SUBJECT MATTER OF THE TERMS AND CONDITIONS
3.1 The Provider has created the website https://fitspo-eu, which contains detailed information about the goods offered to the Users.
3.2 The Provider provides and the Users undertake to use the website under the conditions set forth in these Terms and Conditions.
3.3 In its professional activity, the Provider guarantees to the full extent the rights of the Users provided by law, as an additional corrective of its activity are namely the good faith, as well as the consumer and commercial criteria established as good practices.
VI. CHARACTERISTICS OF THE WEBSITE
4.1 The website is an online shop for offering protein bars, energy bars, 100% natural food. It is created to inform Users about the goods offered by the Provider and the latter to be contacted if the User wishes to order any of the goods offered and advertised on the website or User’s e-mail address to be included in a list with e-mail addresses where the owner of the e-mail address receives updated information about the goods offered by the Provider
4.2 The main characteristics of the goods offered are indicated individually in the relevant profile of the goods selected by the User.
4.3 The website includes comprehensive information about:
- Information about the Provider;
- All types of goods that the Provider offers to Users;
- Information about how to contact the Provider;
4.4 Services provided
The Users of the website have the opportunity to use the following services, namely:
- to view the content of the website or online shop;
- to purchase the goods offered by the Provider through the Provider's online shop;
- to make payments for the goods purchased from the online shop;
- to post comments about purchased goods;
- to review the goods purchased;
- to receive information about new products and special offers offered by the Provider.
4.5 The Provider offers for sale at a distance the goods offered in the online shop.
4.6 The Provider provides a detailed information to the Users for each item offered for sale in the online Shop.
5.1 The services offered on the website are intended to be used by Users who are mature and capable. By accepting these Terms and Conditions of use, the User declares that he/she meets these conditions.
5.2 Orders in the online shop are accepted 24 hours a day, seven days a week.
5.3 In order to place an order from the online store Users shall directly select the goods they wish to buy from the online store, indicate what quantity of the selected goods they would like to buy, press the “Add to Cart” button and then select the button “Payment”. After selecting the "Payment" button, the User should fill a telephone number or e-mail address and will have the opportunity to subscribe to receive a newsletter. In addition to this information, the User shall also fill a name and surname as well as a delivery address and telephone number. The User can choose to save the entered information for further purchases in the e-shop. After filling the described information, the User shall select the "Continue to Delivery" button and then the "Continue to Payment" button. Next, the User shall choose the payment method from the following options: - cash on delivery; - payment by card; - through PayPal. In case the User chooses to pay on delivery via cash on delivery, the User shall click on the "Buy" button. In case the User has chosen to pay by card or through PayPal system, the User will be redirected to a secure form where he/she should make the payment.
5.4 The Provider confirms the acceptance of an order by sending an e-mail to the e-mail address indicated by the User, stating that the order has been accepted. The confirmation sent by email contains information about the order number, the date and time of the order, the ordered goods, the size and quantity. Email order confirmation is considered to be the conclusion of a distance sales agreement. The confirmation sent by Provider to the User is deemed to have entered into force when it was sent to the e-mail address specified by the User, even though the sent e-mail has not reached the User.
5.5 The Provider has the right to cancel orders for which there are grounds to believe that contain incorrect data. The Provider notifies Users of missing data or incorrect data, and in the event that the Provider does not receive complete or correct information within 36 hours, the Provider cancels the order.
VIII. PRICING AND PAYMENT TERMS.
6.1 The prices of the goods offered for sale at the Provider's online shop are in Bulgarian Leva. The quoted prices are for a single quantity and include the cost of delivery of the ordered goods.
6.2 Payments of goods ordered may be made in one of the following ways:
- through PayPal system;
- by debit/ credit card;
- payment with cash on delivery.
6.3 The User shall pay the Provider in advance the whole amount of the ordered goods through the online shop, except in cases where the payment is made with cash on delivery. If the currency of the card with which the payment was made differs from the payment currency, the payment amount will be calculated on the card issuer's respective exchange rate for the day.
7.1 The Provider delivers the goods ordered by the User at a specified by the User address. The Provider delivers the ordered goods worldwide with the help of courier companies selected by the Provider. The delivery price for goods sent to the Republic of Bulgaria is free of charge. Delivery rates for individual countries and regions can be found here.
7.2 If delivery of the ordered goods is outside the European Union, it is possible import duties and taxes payable after the goods arrive in the respective country to be charged. Any such import duties and taxes, as well as fees collected for the clearance of customs documents, shall be paid by the User. Users are advised to inform themselves in advance of such import duties and taxes.
7.3 The goods shall be dispatched to the territory of the Republic of Bulgaria as follows:
- For orders made on business days the delivery is made within 3 working days;
- For orders made during a period of discount the delivery is made within 4 working days
- For orders made on weekends (Saturdays and Sundays), official holidays of the Republic of Bulgaria, as well as other holidays accepted by the National Assembly, the delivery shall be made by 5 working days.
7.4 The Provider shall provide the User information by e-mail about the dispatch of the goods and the tracing of the delivery on the day the goods are delivered to the courier organization. The Provider has the right to extend the time limits specified in the previous section by up to 10 working days without informing the User.
7.5 In the event the goods ordered by the User are not available, the Provider shall notify the User thereof within 5 working days after receiving the order and refund the amount paid by the User within 14 days as described in the section "Reimbursement of payments" of these Terms and Conditions. The Provider shall not be liable for any quantities of a product being exhausted.
7.6 In the event that more than 30 days have elapsed since the conclusion of the agreement and the goods have not been delivered, the User has the right to terminate the agreement and the Provider shall refund all paid sums to the User.
7.7 For orders that shall be delivered to a specified by the User address, the goods are handed over to the User against a signature certifying that the goods have been received. In the event that the goods cannot be handed in person to the User, they shall be handed to persons found at the address or persons designated by the User, indicating the name of the person who received the delivery and his or her relation with the User. In the event that the User is not found at the specified address, the Provider has the right to cancel the order or leave it in the nearest courier's office, with the goods remaining in the courier's office for a period of 10 days, after which the order will be considered cancelled, and the goods will be returned to the Provider. In this case, the Provider will withhold the amount paid by the User as compensation for the non-performance of the agreement by the User. The Provider shall notify the User thereof within seven days.
X. REFUSAL OF DELIVERY
8.1 Upon delivery of the goods ordered by the courier company, the User undertakes to carefully view the goods and refuse to receive them in the presence and before the courier in the following cases, namely:
- the price of the goods does not correspond to the price indicated on the e-shop for cash on delivery;
- the delivered goods are different from those ordered by the User.
In case the User refuses to receive the goods in the presence of any of the stated reasons, the User signs a protocol in the presence of the courier, where the reasons for the refusal are described and immediately informs the Provider at firstname.lastname@example.org or on + 359 879 822 001.
If the User refuses to receive the delivered goods for reasons different than the above described, the refusal is considered unfounded and the User undertakes to pay the costs for the return of the goods.
8.2 In case the goods delivered are different from those ordered by the User, the latter may choose the paid to be reimbursed or the goods to be replaced with the goods actually ordered, in which case the Provider will bear the delivery costs.
XI. RETURN OF GOODS
9.1 According to Article 50, para. 1 of the Consumer Protection Act the User shall have the right to withdraw from the distance contract without giving any reason, without compensation or penalty and without bearing any costs whatsoever other than the costs provided for in Article 54, para. 3 and Article 55 of the Consumer Protection Act, within a period of 14 days from acceptance of the goods by the User or by a third party other than the carrier and indicated by the User - in the case of a sales contract. Return of goods beyond the specified period will not be accepted.
9.2 The User shall be obliged to return the goods in the condition in which they were at the time of delivery. The Provider will not accept goods that have been damaged, goods with damaged or incomplete packaging.
9.3 The user shall be obliged to return the goods purchased by him/her in the original package, accompanied by the labels intact, as well as all the documents with which the goods in question were delivered.
9.4 In the event that the User has purchased more than one identical item and wishes to return it to the Provider within the statutory 14-day period, it is mandatory that only one of these products has been opened. The other must be in a sealed package, otherwise they will not be accepted.
9.5 The return of goods by the User shall be done by sending the goods, by courier, to the address: Sliven 8800, 12 „Hadzhi Dimitar“ Square, Entrance A, Apartment 12.
9.6 In order to return the goods to the Provider, the User shall fill in the following standard form pursuant to Annex 6 of the Consumer Protection Act, namely:
Standard form for exercising the right of withdrawal: (please fill in and submit this form only if you wish to withdraw from the distance contract)
- To (the name of the provider, its address and, where applicable, fax number and e-mail address, to be filled)
- I hereby inform you that I am withdrawing from the distance contract for the purchase of the following goods, namely: ................
- Ordered on / received on
- Name of the User
- Address of the User (s)
- Signature of the User (s)
9.7 After completing this form and making sure that the goods which the User wishes to return are eligible for return pursuant to article 9.2 of these Terms and Conditions of Use, the User must send the filled form at email@example.com or at the specified in article 9.5 address.
9.8 The return of the goods shall be the sole responsibility of the User and therefore the risk of damage or loss shall be borne by the User until the goods the delivery of the goods to the Provider. All costs related to the return of the goods are at the expense of the User.
XII. REIMBURSEMENT OF PAYMENTS
10.1 In the event that the delivered goods are inconsistent with the goods ordered by the User or the delivered goods are visibly damaged and the User wishes reimbursement of the amount paid, the Provider shall be obliged to reimburse the amount paid within 14 days from the date on which the Provider is notified of the User's intention to receive the amount paid.
10.2 If the amount has been paid with a card through the virtual POS terminal of the online shop or by PayPal system, the amount will be refunded on the card from which the User has made the payment.
10.3 If the amount has been paid on cash on delivery, the amount will be paid into a personal bank account specified by the User. The Provider shall not be liable for a wrongly specified bank account by the User.
10.4 The Provider shall notify the User by e-mail of the reimbursement of the amount paid.
XIII. FORCE MAJEURE
11.1 The Provider shall not be held liable for total or partial failure to deliver the ordered goods, including a delay in delivery or defect and/or damage of the item if it is due to "Force Majeure" (Force Majeure). "Force majeure" means an extraordinary circumstance (event) that arose after the signing of the agreement, could not be foreseen and is not dependent on the will of the parties, such as: fire, industrial accidents, military actions, natural disasters - storms, torrential rains, floods, hailstorms, earthquakes, ice, drought, landslides, etc. natural elements, embargo, government bans, strikes, riots, etc.
11.2 In the event that the Provider has been unable to fulfill its obligations due to a force majeure, the Provider shall be obliged within 10 days to notify in writing the User of its occurrence, as well as the supposed period of validity and termination of force majeure.
XIV. RIGHTS, OBLIGATIONS AND LIABILITY OF USERS OF THE WEBSITE
12.1 The User undertakes to use the website and its functionality legally and in accordance with these Terms and Conditions of Use.
12.2 The User has the right to review the contents of the website.
12.3 The User has the right to contact the Provider of this website.
12.4 The User has the right to purchase goods offered by the Provider on the website.
12.5 The User has the right to receive information on new goods offered by the Provider.
12.6 The User has the right to publish comments on purchased goods, as well as to review purchased goods.
12.7 The User is not allowed to publish content in any form (image, text, etc.) that is vulgar, threatening, abusive, obscene or offensive in the society.
12.8 The User is not allowed to publish content which violates any legal provisions.
12.9 The User is not allowed to modify, copy, duplicate, create derivative or customized, separate or entire parts of the website.
12.10 The User is not allowed to provide to any third party in any manner and in any form, for any commercial or non-commercial purpose, any content, information, know-how or technology that is derived in part or in whole from the website.
12.11 The User is not allowed to publish, send or otherwise make computer viruses or the like.
12.12 The User is not allowed to disable and/or upset the full or partial functionality of the website as well as the services offered on the website.
12.13 The User is not allowed to generate excessive web traffic or to overload website traffic.
12.14 The User is not allowed to disrupt the operation of networks or servers that are related to the Services and may not interfere with the provision of services.
12.15 The User shall not attempt to gain unauthorized access to any part of the website or to the servers maintained and owned by the Provider.
12.16 The User is not entitled to use the Provider's trademark. The User is responsible for any actions he/she has done in connection with the use of the website.
12.17 The User is not allowed to send "spam", "junk mail", "chain letter" or any unsolicited commercial messages.
XV. RIGHTS AND OBLIGATIONS OF THE PROVIDER
13.1 The Provider may at any time make changes to the website at its sole discretion, without obligation to notify.
13.2 The Provider may at any time update, modify, expand, add or remove goods and/or services on the website.
13.3 The Provider may at any time make changes to the description and the prices of the goods offered for sale in the online shop.
13.4The Provider is entitled to temporarily suspend or terminate the provision of a service in case of violation and/or suspicion of breach of these Terms and Conditions of Use or in case of unfair behavior and/or suspicion of unfair behavior of the User.
13.5 After receiving the payment, the Provider is obliged to process the goods ordered by the User and to transfer to the User the ownership of the goods that has ordered for purchase.
XVI. PERSONAL DATA PROTECTION
XVII. EXEMPTION FROM LIABILITY
15.1 The Provider does not in any way give any guarantee that the website and its services will be available at any time and from anywhere in the world. The Provider does not guarantee that the website will remain unchanged and will be maintained indefinitely over time.
15.2 The information on this website could include technical inaccuracies or errors although the Provider uses reasonable efforts to keep all the information on this website up to date. The Provider takes the necessary steps to ensure that the Users have an uninterrupted access to the website and also maintains the website and services with the care of the good merchant for the purpose of providing services to Users with good faith. The Provider has the right to make changes and improvements to this website at any time without notice. The Provider assumes no liability or responsibility for any damages or losses incurred for the Users as a result of the use of this website and the information from this website.
15.3 The responsibility for the use of this website is entirely for the User as he/she operates and exploits its capabilities. The Provider assumes no liability or responsibility for any damages and adverse consequences associated with the use of this website, including in the event of material damage to the relevant technical device of the User.
15.4 The Provider shall not be held liable for acts performed by Users in violation of these Terms and Conditions of use. The Provider shall not be held liable for damages that are caused by false, misleading, inaccurate information provided by the Users of the website.
15.5 The Provider shall not be held liable for any damages resulting from a User's fault, computer virus, omission, interruption or problem in the system itself, supporting the integrity and structure of this website.
15.6 The Provider shall not be held liable in case the goods ordered by the User are not available or the quantities of the goods are exhausted.
15.7 The Provider does not guarantee that the goods and services and content posted on the website will meet the User's expectations. In the event of any doubt as to the quality of any product or service or content posted on the website, the User should not use the website. If, in spite of these doubts, the User continues to use the website, the responsibility, together with all the consequences for that, lies with the User.
15.8 In the event that the User cannot be found within the delivery terms at the address specified by him/her or that access to delivery of the ordered goods is not provided by the courier company, the Provider shall be relieved of its obligation to deliver the goods as well as from responsibility for the possible negative consequences for the User as a result of this. The Provider is also not responsible for any delay in the delivery of the goods for reasons for which the courier company is responsible.
15.9 The images posted on the website are of high quality to enable Users to gain the most accurate idea of the type and quality of the goods. However, it is quite possible that there is an inconsistency between the actual colors and those displayed on the monitor of the individual User depending on the type of monitor and computer configuration of the User as well as its visual perceptions and the Provider is relieved of responsibility that the displayed monitor colors match the actual.
XVIII. DISPUTE RESOLUTION
16.1 The Provider adheres to the highest standards of service to the Users and their interests.
16.2 In relation to para. 1 of this article, any dispute relating to an online purchase will be settled under the European Online Dispute Resolution platform, which can be found on the following website: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
16.3 The European Online Dispute Resolution platform aims to resolve disputes relating to online purchases without going to court while facilitating communication between the Provider and the particular User and helping to maintain good relationships for the future between them.
16.4 The European Online Dispute Resolution platform uses only quality independent dispute resolution bodies that have been approved for quality standards relating to fairness, efficiency and accessibility.
16.5 The dispute may also be referred to the Conciliation Committees of the Consumer Commission, which are the conciliation committees of the ADR.
XIX. LINKS TO THIRD PARTY WEBSITES
17.1 The website of the Provider contains links to websites maintained by third parties ("Third Party Websites") such as “Facebook” button, “Instagram” button and a link to the website of the developer of Provider’s website. All third party websites accessible through this website are independent and the Provider assumes no responsibility for damages and losses incurred by Users as a result of the use of these websites. The Provider is not responsible for the content on the Third Party Websites, and also for the presence of viruses or other harmful components on these websites.
XX. NEWSLETTER SUBSCRIPTION
XXI. INTELLECTUAL PROPERTY RIGHTS. LIMITATIONS OF USE
19.1 The whole content on the website, including, but not limited to, all published texts, photographs, images, illustrations, graphics, computer programs, trademarks and any information posted on the website – is the exclusive property of the Provider. Use of Provider's trademark without his consent is a violation of the law. Тrademarks, that are posted on the Website are protected by the applicable law. Nothing in these Terms and Conditions shall be construed as а permission to grant the right to use the posted on the website trademark.
19.2 Тhe content of the website of the Provider may only be used by Users of the website for personal, non-commercial use.
19.3 The use of the information contained in this website for commercial purposes, in any form (copying, modifying, downloading, selling, creating derivative works, reproducing, distributing, publishing, retransmission, etc.) is strictly prohibited. Users assume all liability from the use of the content of the website in violation of the rights of the Provider and the User is entitled to full compensation for the damage caused by the User.
19.4 Access to the website and the services provided on the website shall in no way be considered and interpreted as a free provision of licenses or intellectual property rights.
19.5 Reproduction of the content of the website or any part of it is done only with the written consent of the Provider.
19.6 A User who posts comments on purchased goods and reviews purchased goods on the Website grants the Provider a non-exclusive, royalty-free license to record, use, delete, make publicly available and distribute on the Internet these comments and reviews by the User to the whole world.
XXII. FINAL PROVISIONS
20.1 All communications and notifications between the Provider and the User will be deemed to be valid if they are sent in writing.
20.2 The invalidity of any provision of these Terms and Conditions will not result in the invalidity of the Terms and Conditions as a whole.
20.3 For all matters not covered by these Terms and Conditions, the provisions of the Bulgarian civil and commercial legislation shall apply.
20.4 Any disputes between the Provider and the User arising out of these Terms and Conditions and the individual agreement shall be settled amicably by the parties. If the dispute cannot be resolved amicably, it shall be settled according to the European online dispute resolution platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=BG) or by the Conciliation Committees of the Consumer Commission, which the Conciliation Committees are the ADR body or the competent court.
20.5 Тhe Provider has the right to update these Terms and Conditions of Use at any time in the future. When this happens, the revised Terms and Conditions will be posted on this website with a new "Last Updated" at the top of these Terms and Conditions and will be in force from the date of publication. It is therefore advisable to periodically check these Terms and Conditions to make sure that you are familiar with any changes. Using the website after publishing the updated Terms and Conditions, you will be deemed to agree with the changes made.