GENERAL TERMS AND CONDITIONS

GENERAL TERMS FOR USE OF THE WEBSITE eu.vivabook.eu

I. SUBJECT

Thank you for visiting our site! We at eu.vivabook.eu inform you that by using the online store on the website eu.vivabook.eu, you declare that you accept and agree with these General Terms and Conditions.

We reserve the right to make changes and update these General Terms and Conditions periodically and without notice. In such cases, the current version will always be available on our site.

These GENERAL TERMS AND CONDITIONS govern the relationship between VIVABOOK Ltd. (eu.vivabook.eu) and the Users of the online (Internet) pages and services located under the domain eu.vivabook.eu and its subdomains (the Site) using the informational and commercial services offered by eu.vivabook.eu (Services) on the Site. To be able to use the Services of eu.vivabook.eu, the User registers on the Site, by which they fully accept and commit to comply with these General Terms and Conditions.

VIVABOOK Ltd. is a company registered in the Republic of Bulgaria, with headquarters and address: Plovdiv, “Belitsa” 24; entered in the Registry with UIC 204204746, with manager Angel Matsanov, contact number +359 (0) 877 20 41 11 / email: [email protected].
The site eu.vivabook.eu is owned by VIVABOOK Ltd.

Services are offered only if these General Terms and Conditions are accepted. Users under 18 must provide explicit consent from a parent or guardian to use the services.

These General Terms and Conditions are effective from 01.03.2021.

II. PROVIDER INFORMATION

Article 2. Information in accordance with the Electronic Commerce Act and the Consumer Protection Act:

  1. Name of the Provider: VIVABOOK Ltd.
  2. Headquarters and management address: Plovdiv, “Belitsa” 24
  3. Correspondence address: Plovdiv, “Belitsa” 24, email: [email protected], +359 (0) 877 20 41 11
  4. Registration in public registers: UIC: 204204746
  5. Supervisory authorities: (1) Commission for Personal Data Protection
    Address: Sofia 1592, “Prof. Tsvetan Lazarov” 2, tel.: (02) 940 20 46, fax: (02) 940 36 40, Email: [email protected], [email protected], Website: www.cpdp.bg (2) Commission for Consumer Protection
    Address: 1000 Sofia, Slavykov Square 4A, floors 3, 4 and 6, tel.: 02 / 980 25 24, fax: 02 / 988 42 18, hotline: 0700 111 22, Website: www.kzp.bg

III. DEFINITIONS

In these General Terms and Conditions, the following terms are used with the following meanings:

  • “PROVIDER”, “OWNER”, “WE”, “eu.vivabook.eu” is VIVABOOK Ltd., UIC: 204204746, VAT-registered.
  • “PAGE”, “SITE”, “WEBSITE” is the website eu.vivabook.eu
  • “USER” is any individual who uses any of the site’s services eu.vivabook.eu for personal non-commercial purposes, provided that they comply with all copyrights and conditions.
  • “GOODS” are the books, e-books, educational cards, etc., offered for sale. All in-stock products are the property of the Provider.
  • “SERVICES” of the site include access to browser-provided products, services and informational resources/data.
  • “PARTNER” is any entity with contractual relationships with VIVABOOK Ltd., which may provide additional information on its services to Users of the site.
  • “PROCESSING OF PERSONAL DATA” means operations performed via automatic or non-automatic means (e.g., collection, recording, organizing, storing, blocking, erasure or destruction of user data).
  • “PERSONAL DATA CONTROLLER” is the entity (natural or legal, public body, etc.) which alone or jointly determines the purposes and means of processing personal data.
  • “ONLINE STORE”, “ELECTRONIC STORE” is the online shop at eu.vivabook.eu through which Users can enter into contracts for sale and delivery of Goods, including:
    – to make payments in relation to concluded sales contracts;
    – to receive information on new goods;
    – to view goods, their characteristics, prices and terms;
    – to exercise the right of withdrawal from distance contracts when applicable.
  • “BLOG” is the blog section of eu.vivabook.eu, where articles are posted periodically. Users may leave an emoticon to express their opinion.
  • “INFORMATION BULLETIN” is the newsletter Users can opt into for promotional info and updates upon registration.
  • “COURIER” refers to delivery service providers (Econt or Speedy) used by the Provider.

IV. CHARACTERISTICS OF THE ELECTRONIC STORE

The e-store on eu.vivabook.eu allows Users to enter into purchase and delivery contracts with the Provider. This can happen in two ways:

  1. By registration and creation of a profile. The User must fill in the registration form. The User ensures that data provided is true, complete and accurate, and updates it if changed. Upon registration, the User chooses a username and password. By clicking “Yes, I accept” or “Register”, the User declares knowledge of and agreement with these Terms and Conditions. The Provider confirms registration via email with activation instructions.
  2. By placing an order as a guest. The guest User must fill in the required data. The User guarantees the correctness of the data.

Registration offers benefits:
– view past orders;
– download order info;
– save delivery data for future orders;
– edit delivery data.

Registration is not mandatory for placing orders; orders can also be placed as guest.

V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT

Under the contract, the Provider undertakes to deliver and transfer ownership of the ordered Goods to the User at the delivery address or to a third party representation. On delivery, the User or their representative signs accompanying documents as proof. If the User is unavailable at the address, or prevents access, the Provider is released from delivery obligation. The User may request redelivery at their cost and a new delivery period begins.

The User pays for goods as per the conditions on eu.vivabook.eu. By placing an order (clicking the order button), the User makes a binding order. Data appears for review before confirmation. Delivery is made within the time and under conditions shown in the e-store and these Terms. The Provider retains ownership of goods until full payment is received. After placing an order, the User receives confirmation email, then a second email with shipment details and delivery date. If some ordered goods are out of stock or delivery data is incomplete, the Provider will contact the User by phone. The Provider confirms every order by phone; orders not confirmed by phone will not be processed. Orders placed by 16:00 on working days are processed same day; after 16:00 — next working day. Orders placed on weekends or holidays are processed on next working day. The Provider reserves right to change processing times on busy days, without obligation to inform customers.

VI. PRICES

All listed prices are in Bulgarian leva and are per unit or set. Prices include all taxes where applicable. Shipping is not included and is calculated separately.

Shipping within Bulgaria to courier offices for orders over BGN 60 is free. Shipping to personal address for orders over BGN 80 is free. The Provider reserves the right to change prices at any time without notice. The User pays the price at the moment of order placement. In case of technical errors in pricing, the Provider may refuse fulfillment without compensating the User. The Provider may withdraw products or refuse orders at any time without affecting the User’s legal rights.

Discounted prices are shown with the new price next to the crossed-out old price.

VII. PRODUCT PRESENTATION

Each product on the site is accompanied by a price and basic features. The Provider may change product data, services or prices at any time without notice. Some displayed items may currently be unavailable. The Provider is not liable for technical errors in presentation.

VIII. COLORS

Product images reflect the product as shown. The Provider is not responsible for slight color deviations.

IX. PAYMENT

For cash on delivery (COD), the User must pay upon delivery the full order value. The User should keep the receipt. With the receipt, the User may make returns or complaints. For bank transfers, payment must be confirmed and the amount credited to the Provider’s account before shipment. For virtual POS payments, payment must be confirmed before dispatch. Each product is shipped with a delivery slip. If the User wishes an invoice, they must request it in the order.

X. AVAILABILITY

Products shown are in stock. If not, the Provider notifies the User during order confirmation. The Provider may refuse orders if stock is unavailable, without penalty. When possible, delayed fulfillment may occur with explicit User consent.

XI. WITHDRAWAL (RIGHT OF RETURN)

The User has the right to withdraw from one or more ordered products within 60 days of receipt, provided the product is in original condition, packaging, unused, in compliance with art. 55 of the Consumer Protection Act (except in cases under art. 57). To exercise this right, the User must notify the Provider via customer service at +359 (0) 877 20 41 11 within 60 days of receipt, then complete the return form in the “Return Terms” section. If notification is not timely, the right of withdrawal is forfeited.

The User must return the product no later than 60 days from receipt. The Provider refunds within 14 days of receiving the product, via bank transfer to the account provided by the User. The Provider may postpone refund until the product is received.

XII. COMPLAINTS (WARRANTIES)

The User may claim for any nonconformity of the goods with the contract, discovered after delivery, assembly, use, or storage. They may claim regardless of any commercial warranty. If a commercial warranty is provided, satisfying the claim by replacement or repair keeps original warranty conditions. The complaint may be submitted up to two years from delivery, but no later than two months from discovering the defect. If a longer commercial warranty exists, that period may apply.

The User files the complaint to the seller or its representative, orally or in writing, specifying the issue, desired remedy, claimed amount, and contact address. Documentation (invoice, protocols, etc.) must be provided. Complaints accepted during the entire working hours of the store or at the address of the seller or other designated locations in the country. The User chooses place for complaint submission. When satisfied, seller issues a two-copy act; one copy goes to the User.

XIII. RIGHTS AND OBLIGATIONS OF THE PARTIES

  • The User shall not generate excessive traffic to the website.
  • The User shall not disable or disrupt functionality or carry out malicious attacks.
  • The type and specifics of site usage may be unilaterally changed by the Provider.
  • All users may use the site only for personal/noncommercial purposes, in compliance with law and these Terms.
  • The Provider may change site content, remove or add features, and change these Terms.
  • Access may be temporarily suspended for maintenance or new services. Continuous access cannot be guaranteed.
  • By accepting these Terms, the User consents to use of cookies and direct (non-profiling) marketing.
  • The Provider may collect and use user information (name, address, phone, email, etc.) submitted during registration or order.
  • The User is obliged to provide accurate contact and delivery information, pay for ordered goods, receive goods, safeguard their password, not submit false information, comply with law, not violate third-party rights, notify the Provider of violations, and not interfere with system operations.

XIV. LIMITATION OF LIABILITY

  • The Provider is not liable for subjective perceptions or interpretations of the accuracy, completeness or usefulness of site information.
  • The Provider is not responsible for content on external linked sites.
  • The Provider has the right to indemnification from the User for damages or claims from third parties due to User’s violation of the Terms or misuse of services.
  • The Provider is not liable for damages resulting from force majeure or events beyond its control (e.g. site downtime).
  • The Provider does not guarantee uninterrupted, timely, secure, error-free access.
  • The Provider is not liable for product conformity outside its control.
  • The Provider is not liable for damage to software, hardware or data loss arising via use of site materials or resources.
  • The Provider is not liable for goods lost during delivery.

XV. COPYRIGHTS

All texts, information, graphics, audio, video or photo files, software and applications on the Site, as well as all intellectual property rights (copyright, trademarks, design, etc.), belong to the Provider or its licensors and are protected by Bulgarian and international law (Copyright Act, International Private Law, EU regulations). By using the site, Users agree that content is only for personal use; copying, reproduction, publishing or distribution is not allowed. Users may not remove copyright or trademark notices.

XVI. LINKS TO THIRD-PARTY SITES

The site may contain links to third-party websites. If you follow them, you leave eu.vivabook.eu and we don’t control them, so we bear no responsibility for their content or any disputes. We advise you to review their Terms and Privacy Policies. The Provider reserves the right to remove links at any time.

XVII. UNILATERAL TERMINATION

The Provider reserves the right to suspend or terminate a User’s access at any time, for specific cause or not, if:
(a) the User violates these Terms;
(b) the Provider cannot verify the User’s information;
(c) the User’s actions may cause financial or legal risk to others.

XVIII. TERMINATION AND CANCELLATION OF CONTRACT

These Terms and the contract terminate in cases such as:

  • bankruptcy or liquidation of a party;
  • mutual written agreement;
  • unilateral notice due to breach;
  • objective impossibility;
  • seizure or sealing of assets;
  • deletion of User registration. In such case, existing unfulfilled contracts remain in force. The withdrawal right may terminate only the contract for the relevant product, when applicable.

XIX. SEVERABILITY CLAUSE

If a provision is declared unlawful, invalid or unenforceable, this does not invalidate the remaining provisions.

XX. APPLICABLE LAW

All matters not regulated by these Terms shall be governed by the laws of the Republic of Bulgaria.

XXI. ALTERNATIVE DISPUTE RESOLUTION

All disputes arising from or relating to these Terms (interpretation, validity, performance or termination, or filling gaps) shall be resolved through mutual negotiation. If no agreement is reached, under Art. 181n, para. 4 of the Consumer Protection Act, you may use the European Union’s ODR (Online Dispute Resolution) platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

Alternative dispute resolution is voluntary and out-of-court. Common reconciliation commissions help settle consumer-merchant disputes. If you disagree with any clause, discontinue use of eu.vivabook.eu.