GENERAL TERMS AND CONDITIONS

https://diogentex.com/

Last Update: November 8, 2021

Dear visitors, please read these Terms and Conditions carefully before using this website and before completing an order. If you use this website, you are deemed to accept and agree to the published General Terms and Conditions.

TABLE OF CONTENTS

1. SUBJECT
2. SELLER DETAILS
3. DEFINITIONS
4. GENERAL PROVISIONS
5. CONCLUSION OF CONTRACT
6. OWNERSHIP TRANSFER
7. PAYMENT
8. GOODS DELIVERY
9. RIGHT OF REFUSAL AND RIGHT TO REPLACE THE PRODUCT
10. WARRANTY AND RIGHT OF COMPLAINT
11. INTELLECTUAL PROPERTY
12. ADVERTISING MESSAGES
13. COMMENTING. QUESTIONS AND ANSWERS
14. LIABILITY
15. PERSONAL DATA PROCESSING
16. APPLICABLE LAW – JURISDICTION
17. CORRESPONDENCE BETWEEN THE PARTIES
18. ACTIVITY REGULATORY BODIES

1. SUBJECT

Art. 1 (1) These General Terms and Conditions govern the relationship between visitors and users of the electronic Internet pages and services located at https://diogentex.com/, its subdomains and pages on social networks including, but not limited to, our Facebook page (referred to below for short “Site(s)”, “Website(s)”, “Online store(s)”, “platform(s)”, “merchant”, “seller”, “DIOGEN”, “Company”, “Store”, “we”, “us” and “our”) and apply to our relationship with customers, natural persons (for short “You”, “user”, “buyer”, “customer”, “consumer”), who access the Website or our social media pages administered by us.

(2) For professional customers (referred to as “You”, “buyer”, “client”), using the services and products offered on the Site, the General Terms and Conditions apply in a limited way. For this category of customers, these General Terms and Conditions may not provide for or limit those rights provided for natural person users who place orders for personal non-professional use. Provisions expressly stated to be applicable to consumers do not apply to professional customers.

(3) In cases where a user or merchant client has placed an order through the Site, it is assumed that there is a distance purchase and sale contract concluded with the Online store, to which these General Terms and Conditions apply. By placing orders through the Website, you agree that information related to the concluded contract can be sent by email.

(4) These General Terms and Conditions apply when ordering from the Site, as well as when requesting a product or service via e-mail or social networks.

Art. 2 You agree to comply with all provisions of these Terms and Conditions when using the Site.

2. SELLER DETAILS

Art. 3 “DIOGEN TRADE” LTD, UIC 117634565, VAT No. BG 117634565, with headquarters and management address: 63 Borisova str., Ruse 7012, Bulgaria, mailing address: 63 Borisova str., Ruse 7012, Bulgaria, e-mail: info@diogentex.com, tel.: +359 82 824606, administers and manages the Site https://diogentex.com/ – Online store offering the conclusion of a distance purchase-sale contract under these General Terms and Conditions.

Art. 4 You can contact “DIOGEN TRADE” LTD in the following way:

(1) through the contact form on the Website.

(2) via e-mail: info@diogentex.com

(3) by letter to the address: 63 Borisova str., Ruse 7012, Bulgaria;

3. DEFINITIONS

Art. 5 (1) “visitor” is any natural person of legal age who accesses, browses or registers on the Site.

(2) “user”, “consumer” is an adult individual who purchases a product or service through an order on the Website for a non-professional purpose.

(3) “merchant client”, “professional client” is any legal person or other legal entity that uses the Site, including browsing it, registering on it and/or purchasing a product or service by ordering on the Site for a professional purpose.

(4) “client”, “buyer” is any natural or legal person who has placed an order for goods or services on the Website, regardless of whether he is a consumer, merchant or professional.

(5) “merchant”, “seller” is DIOGEN and the commercial company “DIOGEN TRADE” LTD.

(6) “account”, “profile” is a section on the Site, formed by an email address, password and personal data of a visitor, consumer or merchant client, which allows them to use the services of the Site, in cases where an account is required for their use, and /or to view their orders.

(7) “manufacturer” is a natural or legal person who, by occupation, produces the goods offered on the Site and/or whose name/company, manufacturing or other distinguishing mark is indicated on the goods, their packaging or commercial documentation.

(8) “Site(s)”, “Website(s)”, “Online store(s)”, “platform(s)”, “merchant”, “seller”, “DIOGEN”, “Company”, “Store”, “we”, “us”, “our” means the website located at the domain https://diogentex.com/, its subdomains, as well as any page on social networks or the Internet related in any way to DIOGEN.

(9) “goods”, “products” are all items on the Site, representing movable items, which are individualized with a description and/or color image, have a specified price and/or manufacturer.

(10) “services” are all services on the Website that are not goods and are individualized and have a price.

(11) “contract”, “distance contract”, “order”, “request” covers all cases in which a contract is concluded between DIOGEN and a customer through an order on the Internet (Site, e-mail, social networks, platform).

(12) “distance contract subject to suspensive condition” means a distance contract concluded between the customer and DIOGEN on the condition that the same will be performed under the agreed conditions only at the seller’s option. The seller is considered to be able to fulfill the contract in the cumulative presence of the following circumstances:

– has the goods in stock (when ordering goods);
– can fulfill the contract within the time and under the conditions as agreed. The suspensive condition is considered fulfilled, and the contract becomes binding for the parties from the moment when the seller personally or through a third party has confirmed to the customer the possibility of delivering the goods or service under the agreed conditions. It is considered that the suspensive condition has not occurred and the contract is not binding on the parties, in the event that the seller notifies the customer of the impossibility of performance, as well as in the absence of notification from the seller within 7 working days from the date of the order.

(13) “voucher”, “promo code” is a document issued by DIOGEN in electronic form, and at the customer’s request also in paper form, with a validity period of 6 months, unless otherwise stated on the Site and in the announcement of the voucher, which may be:

voucher against payment by the customer – in this case, the voucher is issued after payment of the value by the customer, and it is an instrument in which there is an obligation for DIOGEN to be accepted within certain terms as payment or part of payment for the provision of goods or services and for which the goods or services to be provided, or the names of the persons who will possibly provide them, are indicated on the instrument itself or in the related documentation, including the terms and conditions of use of the instrument in question.
voucher as a gift from DIOGEN to new or loyal customers – in this case the voucher is issued at the discretion of DIOGEN or by virtue of an advertising campaign, with which the recipient can use a discount on the prices of goods and services offered on the Site for a certain period and under conditions specified in the voucher or in the advertisement for it.

4. GENERAL PROVISIONS

Art. 6 (1) Access to the Website for the purpose of registering an order or registering a profile is allowed for any person visiting the Site. Registration as a user on the Website is at the request of the visitor.

(2) DIOGEN’s General Terms and Conditions are binding on all customers of the Site. Any use of the Website means that you have carefully read the General Terms and Conditions and have agreed to abide by them unconditionally.

(3) If any of the provisions of these General Terms of the Site is found to be invalid or unenforceable, regardless of the reason, this does not entail the invalidity or unenforceability of the remaining provisions.

(4) The Site reserves the right, at its sole discretion, to restrict any customer’s access to order completion and/or to any of the available payment methods if it deems that this would be detrimental to the seller in any way. In this situation, the customer has the right to contact the seller through the contact methods specified in section II of these General Terms and Conditions, in order to be informed about the reasons that led to the application of the above-mentioned measures. The Website is not responsible for any damages that the customer has suffered or may suffer as a result of this decision, where it is justified and reasonable.

(5) The customer in certain cases has the right to publish opinions about goods and/or services, as well as to contact the Site in the ways specified in the “Contact” section. Comments or messages that contain profanity or inappropriate language will be removed from the Website or ignored.

(6) The Site may publish advertising or promotional information about the goods and/or services and/or about the promotions offered for a certain period of time specified in the particular campaign.

(7) The features or prices of the products and services described on the Website may be changed at any time. DIOGEN is not responsible for technical or other errors in the described characteristics and prices.

Art. 7 (1) The General Terms and Conditions may be changed unilaterally by DIOGEN at any time by updating them on the website and in compliance with the provisions of the Consumer Protection Act.

(2) The updated General Terms and Conditions enter into force immediately after their publication on the Site for all future customers and users, as well as for contracts with legal entities concluded before the amendment.

(3) Changes to the General Terms and Conditions do not affect distance contracts concluded with natural person users before the update, unless DIOGEN has provided otherwise in compliance with the current legislation and Art. 8 of these General Terms and Conditions.

Art. 8 (1) In the event that DIOGEN wishes to bind to the amended General Terms and Conditions and users with contracts (orders) valid and unterminated on the day of the update of the Terms and Conditions, the merchant will notify the users by email within 7 days of the amendment.

(2) In the event that the user does not agree with the amendments to the General Terms and Conditions, he may withdraw from the contract without giving a reason and without owing compensation or penalty, or continue to perform it under the General Terms and Conditions in effect before the amendment. For this purpose, the user must send a written notification to DIOGEN within one month of receiving the notice of change in Terms and Conditions.

(3) If the user does not do so within the specified period, the updated General Terms and Conditions shall also enter into force for the user after 1 month from the notification.

(4) The General Terms and Conditions enter into force immediately for all customers, without the need for notification, in the event that the changes to the Terms and Conditions are imposed by virtue of an effective legal act.

(5) The updated General Terms and Conditions are binding on merchant clients from the day they are updated or from the date specified in the amendment notification.

Art. 9 The Company makes serious efforts to maintain the accuracy of the information presented on the Site. However, given the possible technical errors or omissions in this information, DIOGEN specifies that the images of the products are illustrative and indicative in nature, accordingly the delivered products may differ from the images.

Art. 10 (1) All goods, including those on promotion/discount, are sold and delivered while stocks last, even if not expressly stated on the Site.

(2) Some listings and offers are tied to a minimum or maximum quantity that can be purchased by a single customer. If applicable, this is detailed in the individual proposal.

Art. 11 The Site may contain hyperlinks (internet links) to other websites. DIOGEN is not responsible for the privacy policy and terms of use of such websites it does not administer, as well as for other information contained therein.

Art. 12 All images placed on the Site are only intended to create some idea of the type of product/service offered, and not to represent it accurately. Accordingly, it is possible that some of the images of the goods or services on the Site (static or dynamic images, multimedia presentations, etc.) may not correspond to the appearance of the relevant goods or may give a wrong impression of the service offered. The seller shall not be liable for such discrepancies unless they are material.

5. CONCLUSION OF CONTRACT

Placing an order through the Site

Art. 13 (1) The customer declares his desire to order/purchase a product/service through the Site by placing an order electronically, and this is possible with or without a registered profile on the Site. An order can also be placed by e-mail, in which case the customer will receive an e-mail to the e-mail address specified by him. After confirming the General Terms and Conditions and the Privacy Policy, his order will be considered accepted.

(2) The user has the right to order all available goods and services indicated on the Site, if he has reached the age of 18 and if, according to the law, he is able to enter into binding contracts.

(3) When placing an order through the Site, the customer has the right to choose the characteristics, type and quantity of goods and/or services according to the possibilities offered by the Site and add them to a virtual shopping cart (cart).

(4) By accessing their cart, the customer can view or remove the selected products/services, change their quantities, enter a promo code and proceed with the entry of their order details, choice of payment method and delivery conditions.

(5) The customer is obliged to provide the following data necessary for the execution of the contract:

– for individuals: names, delivery address, phone and email address;
– for legal entities: company data (invoicing data), names, delivery address, telephone and email address.

(6) Before completing an order, the customer should make sure that he is ordering from a specifically selected product (goods or service) with certain characteristics from the category in which he is interested.

(7) The customer undertakes to provide on the Site true, complete and accurate data in connection with the order on the date of its dispatch. The customer is responsible for the data provided by him.

(8) After verifying the content and data of the order, the customer should click (press) on the “Order”, “Buy”, “Continue” button or another similar option. By sending the order, the customer allows DIOGEN to contact him in any possible way, when this is necessary in connection with the order placed, its delivery or the concluded contract.

Art. 13а There are separate and clear categories of goods and services with a reduced value available on the Site during promotional campaigns or due to a defect in the product or its packaging described in the advertisement, as well as when an unpacked or sample product is offered. This is expressly stated in the product description on the Site. All other products offered are new, unused and of the required quality. Discounts for promotional campaigns are only valid for orders placed after the start of the campaign. Requests from customers who exercise rights by abusing them in order to benefit from discounts on goods purchased before the campaign will not be honored.

Чл. 13б (1) In certain cases DIOGEN issues vouchers of a certain value, which are paid by the customer at the time of purchase. These vouchers can be used under the terms and conditions specified in the voucher itself. Unless otherwise stated in the specific voucher, vouchers of a certain value can be used once and against goods and services offered on the site, which are not in a promotional campaign and which have a value equal to or higher than the value of the voucher. When purchasing goods or services for a value exceeding the amount paid for the voucher, the customer undertakes to pay the difference to the seller under the terms and conditions valid for standard purchases and according to the payment method chosen by the customer when choosing the specific product or service. If not stated otherwise, the voucher can be used for the purchase of goods or services offered on the Site within 6 months of its issuance (purchase). In the case of a voucher purchase of goods or services of a lower value, the difference is not refunded to the customer and cannot be transferred in the future for other purchases through the Site. The same applies if the voucher is not used by you within the specified period. Unless otherwise stated, the voucher can be used by any person who holds it.

(2) In certain cases, DIOGEN issues vouchers that guarantee a discount when purchasing goods or services from the Site. Vouchers of this type are offered by the Store free of charge to the customer, i.e. as a gift to customers who have purchased goods or services above a certain value or during a promotional campaign (for example, upon first registration, first order or other). The discount to which the recipient of the voucher is entitled is stated in a certain percentage or as a specific value. These vouchers can be used under the terms and conditions specified in the voucher itself. Unless otherwise stated, vouchers guaranteeing a discount can be used once and against goods and services offered on the Site that are not in a promotional campaign and that have a value higher than that indicated in the voucher. Unless otherwise stated, the voucher can be used for the purchase of goods or services offered on the Site within 6 months of its issuance. Unless otherwise stated in the voucher itself, the same can be used by any person who holds it. Voucher cannot be reissued as cash value. If you return a product or service paid for with the voucher, in case the return takes place within the validity period of the voucher, then it is reissued after the reversed invoice has been issued and can be used again. If the cancellation is made after the validity period of the voucher has expired, it cannot be used again.

(3) The voucher cannot be re-issued as cash value and is not subject to cancellation, return or exchange. If you return a product or service paid for with the voucher, if the return is lawful and takes place within the voucher’s validity period, the conditions under Art. 31а of the General Terms and Conditions apply.

(4) Unless otherwise stated on the voucher itself, it is valid for up to 6 months from its issuance.

Order registration

Art. 14 (1) When placing an order on the site by e-mail, by phone or via social networks, the seller sends a order registration notice, with which the distance contract between the customer and DIOGEN is considered to be concluded under a suspensive condition within the meaning of Art. 5, para. 12 of these General Terms and Conditions.

(2) The notice of registration of an order on the seller’s Site does not mean acceptance, confirmation or commitment to its execution. In this sense, the seller has the right not to deliver part or all of the goods or not to fulfill part or all of the services of the order at his discretion including, but not limited to, due to the exhaustion of their stock availability or price change. In all cases, the seller informs the customer about this by e-mail or by phone. In this case, the sole responsibility of the seller is to return any previously received value of the goods or services.

(3) The notice of registration of the order on the seller’s Site is made by e-mail or by telephone.

(4) By registering an order on the Website, the buyer agrees by e-mail, by telephone or by means of social networks, to declare his desire to receive the relevant goods or services from the seller for payment.

Entry into force of the contract

Art. 15 (1) The contract binds the parties from the moment the seller notifies the customer that he confirms the order and is ready to send the goods/provide the service from the order. The notification is made by e-mail and/or SMS message, by phone or via social networks.

(2) By virtue of the contract concluded between the parties, the seller is obliged upon fulfillment of the conditions specified in Art. 5, para. 12, to deliver the goods or services ordered by the customer personally or through third parties to the customer or to persons specified by him in the terms and conditions of these General Terms and Conditions, and the buyer to pay the agreed price and accept the delivered goods or service.

6. OWNERSHIP TRANSFER

Чл. 16 (1) When selling goods, their ownership is transferred by DIOGEN to the customer or to a third party or representative indicated by him after the delivery of the goods to that person and after payment has been made by him, if the value has not been paid in advance.

(2) The delivery of the goods is certified by the signature of the customer or a person or representative indicated by him on the transport document or the receipt provided by the courier.

(3) The risk of loss or damage to the goods rests with the customer from the moment of its handover by the courier to the customer or third parties. If the courier is a person chosen by the customer, the risk is on the customer from the moment the goods are handed over by DIOGEN to the carrier.In all cases, when a transport defect is found, the customer is obliged to inform DIOGEN within the terms and under the conditions of Art. 22 of these Terms and Conditions.

7. PAYMENT

Art. 17 (1) The prices of the goods and services announced on the Site are final and include VAT, as well as all other taxes and fees provided for in the current legislation.

(2) Despite our efforts to provide accurate information on the Website, some of the characteristics of the goods, including the price, may be incorrect. If we discover an error in the price of the goods you have ordered, we will inform you as soon as possible. We will give you the opportunity to confirm your order at the correct price or cancel it.

(3) DIOGEN is not obligated to sell goods or services at incorrectly determined prices on the Site.

Чл. 18 (1) The price, payment method and payment term are specified in each order.

(2) Orders of products offered by the seller, worth more than 500 EUR, cannot be paid upon delivery, but must be paid in full or in advance by bank transfer or by card (virtual POS terminal).

(3) The seller will issue the customer an invoice for the goods or services ordered based on the information provided by the customer. When the latter has not indicated that he wants an invoice, DIOGEN or the courier only provides a fiscal receipt and/or a receipt for the sale made when the payment is received in cash according to current legislation.

(4) In the case of payments by bank transfer or by card through Stripe, MyPOS and other similar payment systems (where such options are available), the seller is not responsible for any costs in connection with fees, commissions or other additional payments made by the customer regarding the transaction. The seller is also not responsible in cases of currency exchange (currency conversion) applied by the client’s card-issuing bank when the currency is different from Euro (EUR).

Art. 19 The customer is obliged to provide all the necessary information (in case such is required) for the issuance of the invoice in accordance with the current Bulgarian legislation. He can do this when placing the order or later through a message to the seller.

Art. 20 Orders from the Website can be paid for in the following way:

(1) with cash on delivery (for ordering goods) – the customer pays the courier the value of the ordered goods and the delivery (unless it is free) upon receipt against the provided receipt.

(2) by bank transfer – the customer pays the value of the ordered goods and/or services and the delivery (unless it is free) to the bank account of the seller, and the payment is considered completed only after the same has been confirmed and the corresponding amount has been transferred to DIOGEN’s bank account;

(3) with a debit or credit card (virtual POS terminal) – the customer pays the value of the ordered goods and/or services and the delivery (unless it is free) through the payment service operator’s system. Upon successful confirmation of the transaction by the latter, the payment is considered complete. DIOGEN does not receive any credit/debit card details of the buyer.

8. GOODS DELIVERY

Method, term and price of delivery

Art. 21 (1) DIOGEN will deliver the goods and provide the services only on the territory of the European Union. For deliveries to other countries outside the European Union, DIOGEN offers its goods and services on other appropriate sites/platforms with advertisements described in the appropriate language.

(2) The seller undertakes to deliver the ordered and purchased goods himself or via a courier company to an address specified by the customer or to the office of the courier company, depending on the customer’s choice. Delivery is made to the door of the building (ground floor), unless a floor is specified.

(3) During the order, the customer is provided with a choice among possible courier service providers for delivery, as well as whether it will be delivered to the door of the address specified by him or to the courier’s office.

(4) Orders for goods from the Site are registered (accepted) 24 hours a day, including weekends and public holidays.

(5) Registered (accepted) orders are processed and sent by courier within 1-3 working days, unless we have agreed otherwise, starting from the day you received notification under Art. 15, para. 1that we will fulfill the order, resp. from the date of the order or received payment (for orders paid by bank transfer).

(6) Orders are not processed or shipped on holidays and weekends. The delivery time is extended accordingly by the number of days off for orders placed on Fridays, Saturdays, Sundays and during public holidays.

(7) Orders placed after 2:00 PM are processed the next business day.

(8) Please note that the standard delivery time does not apply to all goods/services offered. For the goods/services for which there is a longer delivery time, this is noted in the product listing itself.

(9) The courier companies have special mode of delivery (“By schedule”) for some settlements (most villages and some cities). You will be informed by us in the presence of such circumstances.

(10) The maximum term of delivery of goods within the European Union is 20 (twenty) working days from the date of confirmation by the seller under Art. 15, para. 1that the order will be fulfilled unless we have agreed otherwise.

(11) DIOGEN reserves the right to unilaterally extend the delivery time by up to 7 working days without notifying the customer and to extend the delivery time by more than 7 working days with the prior consent of the latter.

(12) In the event of a possible delay in the specified delivery terms, the customer will be promptly notified by DIOGEN.

(13) The Site is not responsible for delivery delays due to circumstances beyond its control, such as delays on the part of the courier carrying out the delivery, prohibition by a state authority, extraordinary or force majeure circumstances, force majeure under Art. 306 of the Commercial Law.

(14) DIOGEN has the right to unilaterally extend the delivery period or refuse delivery of goods or services in cases where the order is requested with payment by bank transfer and the payment is not verified on the seller’s account.

(15) The price for delivery of goods from the Site depends on the selected supplier, the size and volume of the shipment, and is calculated automatically before the customer completes his order. In certain cases, the delivery price is fixed, regardless of the number of items, as this is explicitly stated on the Site and/or in the specific product page.

(16) The payment of the shipping cost, when not otherwise agreed, is made together with payment of the order amount, and the moment of payment may be different according to the payment method chosen by the customer according to Art. 20 of these General Terms and Conditions.

(17) DIOGEN has the right to provide that no delivery charge is due from the customer in the case of an order above a certain value. This circumstance will be indicated on the site and when placing an order.

(18) In certain cases, the courier company may charge additional fees for services such as delivery at a fixed time, SMS notification of received shipment, “cash on delivery” fee, shopping, etc.

(19) If an order is canceled within the 14-day period and if initial delivery to the customer’s address is selected, the customer owes a refund of the shipping costs for both the first delivery and for the product return delivery.

Review for shipping damage

Art. 22 (1) When delivering a product ordered from the Site, the customer undertakes to carefully inspect it personally or through a third party authorized by him to accept the order.

(2) When damage is found – possible damages, impacts and other damages found during delivery, the customer or the third party should sign a damage report in the presence of the courier. The report describes the damage found and the customer, no later than 72 hours after delivery, must notify DIOGEN of the findings.

(3) When the delivered goods clearly do not correspond to those ordered by the customer, and this can be established by a simple inspection of the delivered goods, the customer has the right within 72 hours to request from DIOGEN that the delivered goods be replaced by ones corresponding to the ordered goods.

(4) Notification may be made in any of the ways listed in Section 2 of these General Terms and Conditions or through the contact form on the Website.

(5) Upon receipt of a notification under the preceding paragraphs, DIOGEN will replace the damaged/non-conforming product within 3 /three/ working days, except in cases where a product of the same type is not available, for which DIOGEN will promptly inform the customer and agree the replacement terms with him. If a replacement is not possible, action will be taken in accordance with Section 10.

Accepting the shipment

Art. 23 (1) Upon acceptance of the delivery by the customer or a third party without comments, all and any subsequent claims for external visible damage to the goods received are unfounded and as such should not be satisfied. In the event that a damage report is not drawn up and signed in the presence of the courier upon receipt of the goods and the customer does not notify DIOGEN within 72 hours of delivery, he loses his right to bring the found damages in accordance with the sales contract.

(2) The above does not release DIOGEN from its obligation to offer goods and services in accordance with the sales contract and to provide the client user (natural person) with the rights deriving from the legal guarantee described in the Section 10 of these General Terms and Conditions.

(3) In case of refusal to accept the delivery, the user shall pay all costs of the delivery, which include the shipping cost and packaging.

Art. 24 Upon delivery of the goods (except in the case of delivery of goods on payment), the customer or a third party accepting the delivery to the address specified by the customer is obliged to sign the accompanying documents. Any person who did not place the order, but accepts the goods upon delivery to the delivery address specified by the customer, is considered a third party.

Art. 28 DIOGEN ensures the appropriate packaging of the goods and the sending of the accompanying documents. If for any reason the shipment does not contain a document or component required for the product ordered, please contact us and we will do our best to provide it as quickly as possible.

Non-acceptance of the order and unreasonable refusal

Art. 29 (1) In the event that a customer or a person specified by him is not found within the deadline for delivery to the address specified by him and/or access to the delivery address is not provided, DIOGEN will consider this as an unjustified refusal of the order and shall be released from obligation to deliver the ordered goods, and the customer loses the opportunity to have the ordered goods delivered to him.

(2) DIOGEN reserves the right to send to the electronic or physical address specified by the customer a notification of an unclaimed shipment, as well as to claim the costs of delivery and return of the goods. DIOGEN and the customer agree that notice, when sent electronically, will be deemed to be in writing and received as of the day it is sent by DIOGEN, without the need for the notice to be electronically signed.

(3) In the above-mentioned cases, the customer can confirm his desire to receive the goods even after the expiration of the delivery period in which he was not found at the address, but he will bear all the costs of delivery. In this case, a new delivery period starts to run accordingly from the moment of confirmation. DIOGEN is released from the obligation to deliver in the event that an ordered item is no longer available.

(4) In the cases under Art. 29, para. 1 the customer owes DIOGEN payment of the amount for delivery and return of the goods within 7 days of receiving the notification, unless another time is specified in the notification.

9. RIGHT OF REFUSAL AND RIGHT TO REPLACE THE PRODUCT

*This section only applies to users

Period of right of refusal and right of replacement

Art. 30 (1) The user has the right to withdraw from the contract within 14 days of receiving the goods, without giving a reason for doing so and without owing any penalties or other compensation to DIOGEN, except for the costs of its return. In the event that the product and/or its packaging is damaged more than usual for its testing, DIOGEN has the right pursuant to Art. 36 to deduct an appropriate amount for the reduced value of the goods from the amount to be refunded, but not more than the value of the goods.

(2) The right of refusal does not apply, accordingly DIOGEN has the right not to honor an exercised refusal of an order, in the event that:

– the period for exercising the right of refusal has expired;
– the consumer has not returned the goods to the seller within the period under Art. 34;
– the consumer has not returned the product in its entirety, together with its components and accessories;
– insufficient data is available to consider that the product was purchased from DIOGEN (missing invoice, receipt, etc.);
– the right of withdrawal is exercised for a service which, at the user’s request, has started immediately after the order and the user has agreed that his right of withdrawal will lapse;
– the cases described in Art. 31 of these General Terms and Conditions;
– the refusal clearly constitutes an abuse of right by the consumer – for example, the returned goods have obviously been used more than the necessary trial or the consumer has damaged the goods, or the return is due to the fact that the purchased goods after the order have been reduced and the consumer wishes to purchase them at a reduced price, therefore returns the order within the cancellation period;
– the consumer has returned the product with a cash on delivery request – in this case DIOGEN has the right to refuse acceptance of the returned product and payment of the cash on delivery, and the user should resend the goods to DIOGEN without cash on delivery;
– the buyer is not a consumer.

(3) The term for refusal of an order, when it also contains other goods delivered on different days, is 14 days, counted from the date on which the user or a third party indicated by him came into possession (received) the last goods from the order;

Goods and services for which the user has no right of refusal or replacement

Art. 31 The user does not have the right to withdraw from the concluded contract or to request the replacement of a product with another, in the following cases:

(1) in the provision of services, where the service is fully provided and its implementation has begun with the express prior consent of the user and confirmation by him that he knows that he will lose his right of withdrawal after the contract is fully performed by the seller;

(2) in the delivery of goods or services, the price of which depends on the fluctuations of the financial market, which cannot be controlled by the seller and which may occur during the period for exercising the right of withdrawal;

(3) when delivering goods made to order of the user or according to his individual requirements;

(4) when delivering goods that, due to their nature, may deteriorate in quality or have a short shelf life;

(5) in the delivery of sealed goods which have been unsealed after their delivery and cannot be returned for hygiene or health protection reasons;

(6) in the case of delivery of goods which, after being delivered and due to their nature, have been mixed with other goods from which they cannot be separated, as well as in the case of goods which have already been installed by the user, by DIOGEN or by other persons and can’t be separated from other items;

(7) when delivering a product that is not serially produced, is not kept in stock, but is made individually and specifically for the user;

(8) upon delivery of goods that have been processed by the user;

(9) for a returned product that has been visibly used by the user or is damaged;

(10) for orders that are not made online (remotely);

In case of refusal of orders for goods and services paid with a voucher, please familiarize yourself with Art. 32a. A voucher you have purchased or received from DIOGEN is non-refundable under this section.

Art. 32 (1) Within 14 days of receiving the product, the user has the right to exchange it if it does not meet his expectations given its normal purpose. In this case, the conditions of Art. 30 and Art. 31 of these General Terms and Conditions apply.

(2) If the right of exchange is exercised and the prerequisites for its respect are present, the Site undertakes to replace the goods with another within 14 (fourteen) days from the date of its return by the user. In the event that the requested product is not available and the consumer agrees, the seller can offer a replacement with another similar product, and in the event of a price difference, the parties agree on the method of its additional payment or refund. In the absence of consent, the seller should reimburse the consumer the amount paid for the goods within the terms and under the conditions specified in the preceding paragraphs of this provision. For purchases paid with a voucher, please familiarize yourself with Art. 32a.

Art. 32а If you exercise the right to refuse an order containing goods paid for with a voucher, in the event that the terms of this section for honoring the refusal are met, the following conditions apply:

(1) if the refusal is exercised within 14 days of receiving the goods, the amount that was paid by means of the voucher (the value of the voucher) is refunded to the user within the terms and in accordance with Art. 35 and subsequent articles of this section. This provision also applies to sums that the consumer has paid additionally for the goods, if additional payment has been required. If the user wishes, DIOGEN can reissue a voucher for the value paid, which can be used within 6 months of its issue, unless otherwise stated.

(2) if the refusal is exercised in the period after the 14th day from the delivery of the goods, then DIOGEN will not accept the refusal and the voucher will not be reissued, respectively the amount paid for the order will not be refunded.

Notice of withdrawal from the contract

Art. 33 (1) The notification by the user that he renounces the contract or that he wishes to replace the received product with another of the same type (for consumers) should be done within the period under Art. 30, in any of the following ways:

(2) The user may, but is not required to use the sample Cancellation or Replacement Form as follows:


 

To “DIOGEN TRADE” LTD
UIC 117634565
63 Borisova str., Ruse 7012, Bulgaria
е-mail: info@diogentex.com

Address for returning orders
63 Borisova str., Ruse 7012, Bulgaria

SAMPLE FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL

 

I hereby give notice that I am withdrawing from the contract concluded by me for the purchase of the following goods/services:

Product (Name or Art. No.): ……………………………………………………

Size: ……………………………………………………

Order date: ……………………………………………………

Delivery Date: ……………………………………………………

Your names: ……………………………………………………

Phone: ……………………………………………………

Address: ……………………………………………………

Е-mail: ……………………………………………………

I wish to exercise my right to return and refund the amount I paid.

(If you paid by debit/credit card, the amount will be transferred to your card, unless you agree otherwise. If you paid by other means, please fill in your bank account information).

IBAN: ……………………………………………………

BIC code: ……………………………………………………

Bank: ……………………………………………………

Account holder: ……………………………………………………

Date: ……………………………………………………

User signature: ……………………………………………………

/Sign only if you are submitting this form on paper/


Returning the goods

Art. 34 (1) In case of cancellation of an order, as well as in the case of a request for a replacement, the user must within 14 days of the notification that he is canceling the order or wishes to replace the product, to return the product to the above-mentioned address in its entirety and in a condition in which was when it was received, together with the invoice and/or receipt issued by DIOGEN or by the courier who delivered the goods.

(2) The costs of returning the goods are at the expense of the user. If the consumer has not paid the return shipping, DIOGEN will deduct the shipping costs from the refundable price and refund the difference to the consumer.

(3) Returned shipments with “cash on delivery” requested by the user will not be accepted until they are re-sent without “cash on delivery”. DIOGEN needs processing time to verify the contents and condition of the returned shipment.

Refund of amount paid

Art. 35 (1) When the user exercises his right of withdrawal from the contract concluded at a distance and the prerequisites for its respect are available, DIOGEN undertakes to refund the amount paid under it within 14 days of notification of the withdrawal. Refunds are made after deducting amounts in accordance with Art. 36 if applicable. Reimbursement of amounts in case of cancellation of orders paid by voucher is made in accordance with Art. 32a of the General Terms and Conditions.

(2) The amount subject to reimbursement under para. 1 includes the price paid by the consumer for the goods, but does not include the costs of returning the goods.

(3) The amount will be refunded as follows, without incurring any additional costs to the user, unless the bank or payment institution serving him requires any fees:

  • Payments made by bank transfer, debit or credit card – to a bank account provided by the user or by refunding the amount to the account from which the payment was made;
  • Payments made by cash on delivery or in another way – to a bank account additionally provided by the user.

Withholding of Amounts

Art. 36 DIOGEN has the right to deduct from the value under Art. 35, para. 1 before its refund respectively:

(1) an amount for the reduced value of the product, including its packaging, if wear and/or damage to the product or packaging is found after the return, which is not due to its normal testing;

(2) an amount for the part of the service performed up to the time of the refusal, if the user has stated that he wishes the performance of the service to begin immediately; if the customer is a merchant client or professional this clause applies without the need for express consent to start the service and only if DIOGEN gives him the option to opt out;

(3) the costs of returning the goods back to DIOGEN;

(4) the costs of the initial shipment of the goods when the user has chosen a more expensive delivery than the cheapest one offered in the store. If the customer is a merchant client or professional, the same always owes payment for the initial shipment of the product, in case DIOGEN gives him the option of refusal.

Other cases of refusal (cancellation)

Art. 38 (1) Each of the parties has the right to refuse to fulfill (cancel) the order placed or its obligations under it, for which it should notify the other party in an appropriate way.

(2) DIOGEN can unilaterally cancel an order if the customer has ordered a product or service from the Site, noting that the order is intended for a third party (for example, for a gift), whose data he has indicated for the purpose of delivery. The cancellation in this case can be carried out in the event that DIOGEN suspects that the shipment has a threatening, reprehensible, mocking or other purpose contrary to good manners and morals.

Art. 39 The cancellation of an order does not entail any responsibility or subsequent obligation of any of the parties towards the other in connection with it, and accordingly, none of them has the right to seek compensation from the other for its cancellation in the following cases:

(1) non-acceptance of the online payment transaction by the client’s issuing bank;

(2) carrying out the monetary transaction, which does not result in the receipt of funds to the seller’s account during online payments;

(3) non-fulfillment or cancellation of an order by the seller before confirmation is available for the same in the sense of Art. 15, para. 1 of these General Terms and Conditions.

10. WARRANTY AND RIGHT OF COMPLAINT

*This section applies to users only

Inconsistency of the goods with the contract. Legal guarantee

Art. 40 (1) DIOGEN offers all consumer goods on the Site with a legal guarantee for conformity of the goods with the contract in accordance with the current legislation. A product conforms to the contract when it has the usual quality, functionality and purpose for this type of product.

(2) Any non-conformity of the goods with the contract of sale that appears up to 6 months after the delivery of the goods is deemed to have existed at the time of delivery, unless the seller proves that the non-conformity is due to other reasons for which DIOGEN is not responsible. For non-conformities that appeared after the 6-month period, the user must prove that the cause of the defect is DIOGEN’s responsibility.

Deadline for submitting a complaint

Art. 41 The complaint of a product/service can be submitted by the user in accordance with Art. 43 in the following terms:

(1) up to 24 months from the delivery of the goods, but no later than two months from the establishment of the non-compliance with the agreement, unless the non-compliance is obvious, in which case the terms specified in para. 2 of this provision apply;

(2) up to 72 hours from receipt of the goods, when the non-conformity is external, visible and obvious and could have been ascertained during a certain inspection during or immediately after delivery;

(3) up to 24 months from the delivery of the service, but no later than 14 days from the establishment of the non-compliance with the agreement;

(4) the term ceases to run during the time necessary to reach an agreement between DIOGEN and the user to resolve the dispute;

(5) the warranty period starts from the date of receipt of the goods.

Art. 42 There is no inconsistency of the goods with the sales contract in the following cases:

(1) the deviation/discrepancy is not material;

(2) the user had special requirements regarding the product which he did not indicate in writing to DIOGEN prior to the order and the product did not meet these user expectations;

(3) the discrepancy is due to the nature of the goods and their normal wear and tear over time;

(4) the non-conformity is caused by improper operation/installation/storage/use of the product;

(5) at the time of concluding the contract (order), the user knew or could not have been unaware of the discrepancy – for example, at the time of the order, the user was informed by us that the product had certain discrepancies with the usual (for example, a product from a category on the website with revalued products, goods with a defect, unpacked goods, when it is clearly indicated on the Site that the goods have been reduced due to an existing defect or a specific circumstance);

(6) the discrepancy is visible and obvious and concerns the appearance of the goods (e.g. scratches, tears in the packaging or part of the contents of the product) and could have been ascertained during a simple inspection of the goods at the time of its acceptance (delivery) and yet the consumer did not sign damage report to the courier and or has not notified DIOGEN within the terms of Art. 23, para. 1 of these General Terms and Conditions;

(7) the non-conformity appeared after the expiry of the legal guarantee.

Complaint

Art. 43 (1) The user has the right within the terms specified in Art. 41, to submit a claim to DIOGEN for any inconsistency of the goods with the agreed upon /ordered/ when, after delivery, inconsistencies of the goods with the sales contract are discovered, regardless of whether the manufacturer, importer or seller is provided a commercial guarantee for the goods.

(2) Bringing the goods into compliance with the sales contract by DIOGEN is free of charge for the user. The customer-consumer does not pay costs for shipping goods or for materials and labor related to its repair, and does not suffer significant inconvenience.

(3) The Retail/Professional Customer can only make a claim if DIOGEN has provided it with one and is responsible for the shipping costs of the goods if delivered by courier.

(4) When submitting a complaint, the user indicates the subject of the complaint, his preferred way of satisfying the complaint and the preferred method of contact.

(5) Filing a complaint is not a bar to filing a claim.

(6) When submitting a complaint, the user must attach the documents on which the claim is based, namely:

– receipt or invoice;
– protocols, acts or other documents establishing the non-compliance of the goods or service with the agreed – if such are available;
– other documents establishing the claim by basis and amount.

(7) The complaint is submitted to DIOGEN in one of the following ways at the user’s choice:

  • by filling out the electronic complaint form;
  • by sending a message to DIOGEN through the contact form;
  • by email to DIOGEN’s email address in free text;
  • by letter with return receipt to the address of DIOGEN in free text;
  • by completing and sending to DIOGEN the sample Complaint Form as follows:

To “DIOGEN TRADE” LTD
UIC 117634565
63 Borisova str., Ruse 7012, Bulgaria
е-mail: info@diogentex.com

Address for returning orders
63 Borisova str., Ruse 7012, Bulgaria

SAMPLE FORM FOR EXERCISING THE RIGHT OF COMPLAINT

 

I hereby notify that I have found a non-conformity of the product(s) with what was agreed.

Product (Name or Art. No.): ……………………………………………………

Size: ……………………………………………………

Order date: ……………………………………………………

Delivery Date: ……………………………………………………

Your names: ……………………………………………………

Phone: ……………………………………………………

Address: ……………………………………………………

Е-mail: ……………………………………………………

Indicate if the item is used? – Yes   /    No

 

Please describe the complaint:

…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………


Preferred method of satisfaction for goods
/indicate your choice/

  1. I prefer free repair according to Art. 113 and Art. 114 of the Consumer Protection Act.
  2. I would like a discount on the price of the product/service.
  3. I want a voucher to use for a new order (expiration 2 years).
  4. *I would like a refund of the amount paid for the product.

(*If you paid by debit/credit card, the amount will be transferred to your card, unless you agree otherwise. If you paid by other means, please fill in your bank account information).

IBAN: ……………………………………………………

BIC code: ……………………………………………………

Bank: ……………………………………………………

Account holder: ……………………………………………………


I am attaching the following documents:
/specify the desired option/

  1. Receipt or invoice;
  2. Protocols, acts or other documents establishing the non-compliance of the goods or services with the agreed;
  3. Other documents establishing the claim by basis and amount;
  4. Warranty certificate.

 

Date: ……………………………………………………

User signature: ……………………………………………………

/Sign only if you are submitting this form on paper/


Art. 44 (1) In cases where the complaint is made outside a DIOGEN facility, the user should provide the goods to the seller at the address: 63 Borisova str., Ruse 7012, Bulgaria.

(2) Delivery, if a courier is used, is at DIOGEN’s expense, in the event that the claim is accepted by DIOGEN as justified.

Art. 45 If the seller has provided a commercial guarantee for the goods, supplementing the legal guarantee under Art. 41, and the term of the commercial guarantee is longer than the terms for presenting the complaint, the complaint can be presented until the expiry of the term of the commercial guarantee.

Entering and aligning the claim

Art. 46 (1) When a complaint is filed, the seller enters it in the Complaints Register, providing the user with the number and date of the complaint, as well as information on which employee accepted the complaint.

(2) Within 30 days of submitting the complaint, the seller decides whether the complaint is justified or not.

(3) The user should notify the seller immediately if, in the event of a complaint, he is not provided with a document containing the data under para. 1.

Art. 47 In the case of a justified complaint, the seller brings the goods into compliance with the sales contract within the period under Art. 46, para. 2. The goods are brought into conformity with the contract free of charge in one of the following ways at the discretion of the seller according to the nature of the non-conformity:

(1) repair of the goods (if possible and applicable) – all repairs of products purchased from the Site are carried out in Bulgaria in repair shops authorized by the seller;

(2) replacement of the goods with a new one of the same type.

Art. 48 (1) If any of the actions specified in art. 47, para. 1 and para. 2, proves impossible or inappropriate for reasons such as impossibility of repair due to excessive repair costs exceeding the value of the goods, due to a substantial irreparable defect or due to the nature of the goods, impossibility of replacement due to lack of availability of the product, DIOGEN returns the paid from the consumer value for the goods and for its delivery.

(2) The seller must return the amount for the goods and their delivery in the following cases:

  • when within the term under Art. 41, para. 1 goods repaired three times again showed non-conformity;
  • when the seller has not made a decision on the complaint within the period under Art. 46, para. 2 of these General Terms and Conditions.

Art. 49 (1) If the goods are unreasonably not repaired or replaced by the seller within the period under Art. 46, para. 2, the consumer has the right to cancel the contract and to be reimbursed the amount paid or to request a reduction in the price of the goods.

(2) The consumer cannot claim to cancel the contract if the non-conformity of the goods with the contract is insignificant.

(3) The user has the right under para. 1 and when he is not satisfied with the resolution of the complaint by the seller.

(4) The consumer cannot claim a refund of the amount paid or a reduction in the price of the goods when the seller agrees to replace the goods with a new one or to repair the goods within one month of submitting the claim by the consumer.

(5) In every case of a satisfied complaint, the seller issues to the user a copy of the act of satisfied complaint, which shows the action taken on the complaint.

Unfounded complaint

Art. 50 The complaint is unfounded and will not be honored when:

(1) was filed after the expiration of the terms under Art. 41;

(2) are met any of the conditions in Art. 42;

(3) the client’s materials were used for the manufacture of the product, which, due to their quality, led to a discrepancy in the finished product obtained from the materials;

(4) the user has not provided the documents under Art. 43, para. 6 and/or did not return the product, respectively returned it without the attached accessories and/or components;

(5) a repair has been carried out or an attempt has been made to carry out a repair and remedy a non-conformity by a person or service center not authorized by the seller;

(6) a modification or change of the technical characteristics has been carried out and this has happened without the knowledge and consent of the seller and outside of a service authorized by him and/or contrary to these General Terms and Conditions;

(7) there are damages caused by the user and/or a third party for which the seller is not responsible, as well as in cases where the defect is caused by other products used together with the warranty product;

(8) the physical integrity of the product and/or its factory labels is violated;

(9) in the case of chemical, electrical and/or other effects unrelated to the normal operation and/or maintenance of the product, as well as when the defect is caused by circumstances for which the seller is not responsible – natural disasters, mechanical deformations, non-compliance with the specified instructions for washing, damage caused by water or moisture, etc.;

(10) the complaint concerns a product that was not purchased from the seller;

(11) in the event of a claim and a product returned by the user in poor condition, if the product’s appearance clearly indicates: i) abuse of right; ii) failure by the user to exercise due care; iii) improper use and or maintenance of the product, due to which it can be concluded that the defect is caused by his fault; iv) improper installation, fitting or intervention; v) removal or modification by third parties of elements of the product;

(12) no inconsistency exists;

Art. 51 (1) In the event of an unfounded complaint, DIOGEN informs the user in writing of its decision and releases itself from responsibility to honor the complaint and bring the goods into compliance with the contract. If the user is dissatisfied with DIOGEN’s decision, he can submit his claim in court. He can do this without making a complaint to DIOGEN or waiting for the merchant’s opinion.

(2) The repair of products outside the warranty period or within this period, but in the event that DIOGEN’s obligation to bring the goods into conformity with the sales contract has been waived for any reason, is subject to payment by the user and carried out within a period agreed between the parties.

11. INTELLECTUAL PROPERTY

Art. 53 (1) All content present on the Site, namely – the logo, together with the figures and text contained in it, inscriptions and images, drawings, diagrams, graphics, design, database, descriptions, methods, processes and other objects of intellectual property and copyright, the content of the General Terms and Conditions, are the property of DIOGEN or of third parties from whom DIOGEN has obtained consent for reproduction and/or has a contract for the use of the object of intellectual property and/or copyright.

Art. 54 DIOGEN reserves all intellectual property rights related in any way to the Site.

Art. 55 Certain products displayed on the Site have their own, specific and unique design owned by DIOGEN, which is the subject of copyright and intellectual property.

Art. 56 Visitors of the Site may use the content solely for the purposes of buying and selling. The use of the content for purposes other than those set forth in the General Terms and Conditions is considered a violation of the present General Terms and Conditions of the Site, as well as a violation of the intellectual property owned by DIOGEN.

Art. 57 Each product and each service displayed and offered on the Site meets the European and national requirements concerning the specific product/service.

Art. 58 (1) Visitors to the Site may copy, share, transfer and/or use the content only for personal non-commercial purposes and only in cases where this does not conflict with the provisions of this chapter of this document and express written consent has been obtained from DIOGEN or the third parties persons, holders of copyright and other intellectual property rights, who have given their consent for the use of their works and other objects of intellectual property.

(2) DIOGEN authorizes owners of other sites and other persons to post links to the online store only when the reference is clear and unambiguous.

(3) It is prohibited to copy content from the Site, as well as to place it on other sites and online stores without the express written consent of DIOGEN.

12. ADVERTISING MESSAGES

Art. 59 (1) Each person has the opportunity to express his consent to receive advertising messages from the Site by sending a message/letter to the addresses indicated on the website, by marking a specially indicated consent to receive advertising or by filling in the subscription form on the Site.

(2) DIOGEN has no obligation to request consent for sending advertising messages from legal entities that have registered a profile and/or orders/services on the Site.

Art. 60 (1) The User may opt out of receiving advertising messages at any time using the special link found in each advertising message, by changing the settings in his account or by contacting DIOGEN in any other way than specified in these General Terms and Conditions and on the Site.

(2) The refusal to receive advertising messages does not mean an automatic refusal of the given consent to enter into this contract.

13. COMMENTING. QUESTIONS AND ANSWERS

Art. 61 Writing reviews, comments, questions and answers, when applicable, can be done by visitors in the reviews/comments/questions section of each product. Written statements may be positive or negative and must be factual and relate to the features and use of the particular product or service.

Art. 62 Every visitor, at the time of publishing a review, comment, question, answer in the specified section, undertakes to comply with the following rules:

(1) to refer only to features and/or usage of a particular product or service, avoiding information related to aspects that may change (e.g. price or promotional offers);

(2) to use only the Bulgarian language and write in Cyrillic; words or expressions which, although not Bulgarian, are widely used in the relevant field are allowed;

(3) to use appropriate speech, not containing offensive expressions or those that may affect the rights of a third party;

(4) to ensure that the information entered by him is realistic, correct, not misleading and in accordance with applicable laws, respecting including the rights of other persons – e.g. copyright, intellectual property rights, license rights or other proprietary rights, publicity rights or right of privacy.

(5) to use this service only to communicate or obtain additional details about a particular good or service from the Site, without making references to other companies that promote the sale and purchase of goods/or services;

(6) not to provide or request, in any way or form, personal data (contact data, delivery address or residence, telephone numbers, e-mail addresses, first and/or last names, etc.) or other information that may lead to to the disclosure of this personal data;

(7) not to publish information about products/services and/or links/connections from/to other sites that develop the same or similar commercial activity as DIOGEN.

(8) not to publish reviews, comments, questions, answers that contain materials of an advertising nature.

Art. 63 DIOGEN checks in advance whether user content (reviews, comments, questions, answers) is in accordance with these General Terms and Conditions before publishing it on the Site.

Art. 64 In the event that it finds a repeated violation of the General Terms and Conditions, the Company reserves the right, without the need to justify, to limit the ability of a given subject to publish reviews, comments, questions and answers on the Site.

14. LIABILITY

Art. 65 (1) The seller and the customer are responsible for any action or inaction that caused any of the parties damages, including lost profits, according to these General Terms and Conditions and Bulgarian legislation.

(2) The seller is not responsible for any damages suffered by the customer that occur as a result of force majeure or circumstances beyond its control.

15. PERSONAL DATA PROCESSING

Art. 66 (1) According to the General Regulation on data protection (Regulation (EU) 2016/679) and Bulgarian legislation, DIOGEN and more specifically “DIOGEN TRADE” LTD is a personal data administrator.

(2) “DIOGEN TRADE” LTD accepts the Privacy Policy and Cookie Policy, which every visitor whose personal data is processed by DIOGEN or to whom cookies are applied should accept after becoming familiar.

Art. 67 The personal data of the visitor may be provided to the prosecutor’s office, the police, judicial institutions or other state bodies, on the basis and within the framework of the legal provisions and as a result of an explicit request made by them for this.

16. APPLICABLE LAW – JURISDICTION

Art. 68 (1) Disputes arising between DIOGEN and customers will be resolved by mutual agreement or, if this is impossible, disputes will be resolved in accordance with Bulgarian law, unless the parties have agreed otherwise.

(2) The parties may also resolve disputes between them out of court through alternative dispute resolution (ADR) between consumers and merchants, which is an out-of-court conciliation proceeding on a voluntary basis. General conciliation commissions assist in reaching an agreement between consumers and traders in disputes over contracts for the sale of goods and the provision of services. The General Conciliation Commissions are designated on a regional basis, and the General Conciliation Commission in the specific territory is competent to resolve disputes between DIOGEN and consumer individuals. For more information, see the consolidated list of recognized ADR authorities of the member states of the European Union.

Art. 69 Individual users may use European Platform for Online Dispute Resolution (ODR), which allows consumers and traders in the EU to settle disputes between themselves.

17. CORRESPONDENCE BETWEEN THE PARTIES

Art. 70 DIOGEN and all customers (individuals and legal entities), as well as visitors to the Site, agree that the following are accepted for contact between the parties:

(1) За продавача: “DIOGEN TRADE” LTD, UIC 117634565, with headquarters and address of management:  63 Borisova str., Ruse 7012, Bulgaria:

– by telephone: +359 82 824606;

– by e-mail: info@diogentex.com;

– by letter to address: 63 Borisova str., Ruse 7012, Bulgaria;

– by the contact form on the Site.

(2) For the customer or visitor to the Site:

– through the phone number specified by him in the order/correspondence;

– by e-mail specified by him in the order/correspondence;

– by letter to the address indicated by him in the order/correspondence as the delivery address.

Art. 71 Notifications and messages that the parties exchange between themselves via electronic mail (email) are considered to be in writing and the parties give them the effect of a written document without the need to be signed with an electronic signature.

18. ACTIVITY REGULATORY BODIES

Art. 72 The bodies regulating DIOGEN’s activity are the Consumer Protection Commission (CPC), the Commission for Personal Data Protection (CPDP), the Commission for Protection of Competition (CPC) and the National Revenue Agency (NRA) with the following coordinates:

Consumer Protection Commission (CPC)

– website: www.kzp.bg;

– Phone: +359 2 933 0565

– e-mail:  info@kzp.bg

– address: 1 Vrabcha str., fl. 3, Sofia 1000, Bulgaria


Commission for Personal Data Protection (CPDP)

– website: www.cpdp.bg

– phone: +359 2 9153519

– e-mail: kzld@cpdp.bg

– address: 2 Prof. Tsvetan Lazarov Blvd, Sofia, Bulgaria


Commission for Protection of Competition (CPC)

– website: www.cpc.bg

– phone: +359 2 9356113

– e-mail: delovodstvo@cpc.bg

– address: 18 Vitosha blvd., Sofia 1000, Bulgaria


National Revenue Agency (NRA), Office Ruse

– website: www.nra.bg;

– phone: +359 82 808161, +359 82 808162; Call from abroad: +359 2 9859 6801

– e-mail: td_ruse@ro18.nra.bg

– address: 19 Major Atanas Uzunov str., Ruse 7002, Bulgaria