Terms and Conditions

Last updated: October 21, 2021

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://elixyd.com website (the “Service”) operated by Elixyd (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

These general terms and conditions govern the relationship between Natura Life 21 EOOD, hereinafter referred to as “Merchant”, on the one hand, and the Users of websites and services available on the website https://elixyd.com/, hereinafter referred to as brevity users, on the other.

Natura Life 21 EOOD is a company registered under the Commercial Law of the Republic of Bulgaria with UIC 206545002 address Sofia, 34 Alexander Stamboliyski Blvd., email address info@elixyd.com, telephone 00359888337320

Please read the published General Terms and Conditions in full before using the information and commercial services offered on the Site (hereinafter referred to as the Services).

This document contains information about the activities of FERTCOMMERCE EOOD and the general conditions for using the services provided by FERTCOMMERCE EOOD, regulating the relations between us and each of our users.

Confirmation of the General Terms and Conditions is a necessary and mandatory condition for concluding the contract between the User and the Merchant.

By accepting the General Terms and Conditions, the User agrees to have his personal data processed on the basis of the contract concluded between him and the Merchant.

Definitions

For the purposes of these general terms and conditions, the following terms shall be understood as follows:

Website – https://elixyd.com/ and all its subpages.

Consumer – any natural person who acquires goods or uses services that are not intended for commercial or professional activity, and any natural person who, as a party to a contract under this law, acts outside his commercial or professional activity.

General Terms and Conditions – these General Terms and Conditions, which include terms of use, cookies, registration and delivery rules, voluntary dispute resolution, withdrawal and exchange forms and any other legally relevant information available on the Site.

Personal data – information about an individual that reveals his physical, psychological, mental, family, economic, cultural or social identity.

Goods – movable tangible property, with the exception of items sold in compulsory execution or by other measures by bodies authorized by law, as well as items abandoned or confiscated in favor of the state, declared for sale bypublic authorities. Goods are also water, gas and electricity, when offered for sale, packaged in limited quantities or in certain quantities.

Contract of sale – a contract under which the trader transfers or undertakes to transfer ownership of goods to the consumer, and the consumer pays or undertakes to pay the price for them, including contracts having as their object both goods and services.

Procedure for alternative settlement of consumer disputes – a procedure for out-of-court settlement of consumer disputes, meeting the requirements of this law and carried out by a body for alternative settlement of consumer disputes.

Services provided

1. On the Site the Users have the opportunity to conclude contracts for purchase and sale of the goods offered by the Merchant.

Order

2. Users use the interface of the website to enter into contracts with the Merchant for the goods offered.

2.1. The contract for purchase and sale of goods is considered concluded from the moment of confirmation of the order by the Merchant

2.2. In the absence of stock of a product, the Merchant reserves the right to refuse the order.

2.3. After selecting one or more goods offered on the Merchant’s website, the User must add them to his list of goods to purchase.

2.4. It is necessary for the User to provide data for the delivery and to choose a method and time of payment of the price, after which to confirm the order through the interface of the site.

2.5. When placing an order, the User receives an e-mail confirmation that his order has been accepted.

3. The Merchant has the right to refuse to enter into a contract with an incorrect User.

3.1. The Merchant has the right to treat the User as incorrect in cases where:

1. there is non-compliance by the User with the General Terms and Conditions;
2. an incorrect, arrogant or rude attitude towards the representatives of the Merchant has been established;
3. systematic abuses by the User towards the Merchant have been established.

Prices

4. The prices of the offered goods are those indicated on the website of the Merchant at the time of placing an order, except in cases of obvious error.

4.1. The prices of the goods include VAT, in the cases where its charging is envisaged.

5. The Merchant reserves the right to change at any time and without notice the prices of the goods offered on the site, and such changes will not affect orders already placed.
6. The Merchant may provide discounts for the goods offered on the site, according to the Bulgarian legislation and rules determined by the Merchant. The rules applicable to such discounts are available at the place where the discount is displayed. Discounts can be provided in various forms (eg promotions, loyalty discounts provided individually, randomly or as a result of participation in a competition or customer survey).

6.1. Different types of discounts cannot be combined when ordering and purchasing the same product.

Payment

7. When the User returns a product with the right to a refund of the amount paid for any reason, the price subject to refund is reduced by the value of the discount applied to the product and only the amount actually paid is refundable.
8. The user can pay the price of the ordered goods using one of the options listed on the website. Payment is possible on the Site by the following methods:

• Credit card, debit card
• Paypal

9. If the User chooses the option of delivery by courier and payment by cash on delivery, he must pay the price of the ordered items together with the price of delivery to the courier upon receipt of the goods.
10. If the User chooses a payment method involving a third party payment service provider, the User may be bound by the terms and conditions and / or fees of such third party.
11. The Merchant shall not be liable if a payment method involving a third party payment service provider is not available or otherwise does not function for reasons that cannot be attributed to the Merchant.

Returning policy

12. The Consumer has the right to withdraw from the contract without stating a reason, without paying compensation or penalty within 14 days from the date of acceptance of the goods by the Consumer or a third party.
13. In order to exercise his right under this clause, the User must unambiguously notify the Merchant of his decision to withdraw from the contract, individualizing the goods he wishes to return, by providing all details of the order and delivery, including but not limited to only: content and value of the order, data of the person who made the order, data of the person who accepted the delivery, and date of delivery.
14. The trader publishes on his website a form for exercising the right to withdraw from the contract. You can download the returning form from HERE
15. In order to exercise the right of withdrawal, the Merchant provides the consumer with the option to fill in and send electronically via the website the standard withdrawal form or other unambiguous application. In these cases, the Merchant shall immediately send the consumer a confirmation of receipt of his refusal on a durable medium.
16. The User is obliged to return the goods at his own expense together with the receipt and invoice, if any, by handing them over to the Merchant or to an authorized person, within 14 days from the date on which the User has exercised his right. of withdrawal from the contract.
17. Upon return, the goods must be in their original packaging, without traces of use or distortion of the commercial appearance.
18. The trader has the right to postpone the refund until the goods are returned or until proof is provided that the goods have been sent back, depending on which of the two events occurred earlier.
19. In case the User fails to fulfill his obligation to return the goods without notifying the Merchant of the delay and without providing a valid reason for the same, it is considered that he has withdrawn his statement to exercise withdrawal from the contract.
20. When in connection with the performance of the contract the Merchant has incurred costs and the User withdraws from the contract, the Merchant has the right to withhold the relevant amount for the incurred costs or to demand their payment.
21. The consumer has no right to withdraw from the contract if the subject of the same are:

for the supply of sealed goods which are unsealed after delivery and cannot be returned for reasons of hygiene or health protection

22. The Merchant refunds to the User the price paid by him for the returned goods.

22.1. In case the consumer has made a payment under the contract with a bank card and has exercised his right to withdraw from the contract, the refund is made by ordering a reverse operation on the card with which the payment was made within 7 working days.

Warranties and complaints

23. The consumer has the right to claim for any discrepancy of the goods or services with the agreed / ordered, when after delivery, discrepancies with the sales contract are found.
24. Any non-conformity of the consumer goods with the contract of sale which occurs within 6 months after the delivery of the goods shall be deemed to have existed at the time of delivery, unless it is proved that the non-conformity is due to the nature of the goods or the nature of the discrepancy.
25. The consumer may not contest the conformity of the consumer product with the contract for its sale when:

25.1. at the conclusion of the contract he knew or could not have been unaware of the non-compliance;

25.2. the non-compliance is due to materials provided by the consumer.

26. The consumer has the right to file a claim for the goods or services, regardless of whether the manufacturer or trader has provided a commercial guarantee for the goods or services.
27. When the satisfaction of the claim is made by replacing the goods with another, corresponding to the agreed, the Merchant will keep the consumer the original warranty conditions.
28. Upon filing a complaint, the consumer may claim a refund of the amount paid, to replace the goods with another, corresponding to the agreed or to deduct from the price.
29. The complaint shall be submitted orally on the telephone number indicated by the Merchant or in writing by the indicated e-mail, by mail or submitted to the address of the company. The merchant presents on his site access to a complaint form.
30. When filing a complaint, the user indicates the subject of the complaint, his preferred way of satisfying the complaint, respectively the amount of the claimed amount, and address, telephone and email for contact.
31. When filing a complaint, the consumer must also attach the documents on which the claim is based, namely:

31.1. receipt or invoice;

31.2. protocols, acts or other documents, establishing the non-conformity of the goods with the agreed;

33.3. other documents establishing the claim on grounds and amount.

32. The complaint of consumer goods may be filed up to two years from the delivery of the goods, but not later than two months from the establishment of the non-compliance with the agreed.
33. The term shall cease to run during the time necessary for reaching an agreement between the seller and the consumer for resolving the dispute.
34. If the Merchant has provided a commercial guarantee for the goods and the term of the guarantee is longer than the terms for filing the claim under para. 1, the claim may be filed until the expiration of the term of the commercial guarantee.
35. The filing of a complaint is not an obstacle for filing a claim.
36. The trader shall maintain a register of the submitted claims. A document is sent to the User on the e-mail specified by him, in which the number of the claim from the register and the type of the goods are indicated.
37. When the Merchant satisfies the claim, it issues an act for that, which is drawn up in two copies, and obligatorily provides one copy to the User.
38. In case of a justified claim, the Merchant shall bring the goods in compliance with the sales contract within one month, as of the filing of the claim by the User.

38.1. If the goods are not repaired after the expiration of the term under the previous paragraph, the Consumer has the right to cancel the contract and be reimbursed the amount paid or to request a reduction in the price of consumer goods under Art. 114 of the CPA.

38.2. Bringing the consumer goods in accordance with the sales contract is free of charge for the User. It does not owe costs for the shipment of consumer goods or for materials and labor related to its repair, and does not suffer significant inconveniences.

39. In case of non-compliance of the consumer goods with the contract of sale and when the Consumer is not satisfied with the resolution of the complaint, he has the right to choose between one of the following options:

39.1. cancellation of the contract and refund of the amount paid by him

39.2. price reduction.

40. The consumer may not claim a refund of the amount paid or a reduction in the price of the goods when the trader agrees to replace the consumer goods with a new one or to repair the goods within one month of the consumer’s complaint.
41. The trader is obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the consumer, when after satisfying three complaints of the consumer by repairing the same goods, within the warranty period, there is another occurrence. of non-compliance of the goods with the contract of sale.
42. The consumer may not claim for cancellation of the contract if the non-conformity of the consumer goods with the contract is insignificant.

Termination and cancellation of the contract

43. The trader has the right at its discretion, without giving notice to terminate the contract unilaterally, if it finds that the services provided are used in violation of these general conditions, the legislation of the Republic of Bulgaria and generally accepted moral norms.
44. Except in the cases provided for in these General Terms and Conditions, the contract between the parties is terminated upon termination of the Merchant’s activity or termination of the maintenance of its website.
45. In addition to the above cases, either party may terminate this contract by giving one week’s notice to the other party in the event of failure to fulfill its obligations under the contract.
46. The written form of the contract is considered complied with by sending an e-mail, pressing an electronic button on a page with content that is filled in or selected by the User or marking in a field (check box) on the website, etc. . similar in so far as the statement is technically recorded in a way that allows it to be reproduced.

Rescue clause

52. The parties declare that in the event that any of the clauses of these General Terms and Conditions prove to be invalid, this will not invalidate the entire contract or other parts thereof. The invalid clause will be replaced by the mandatory norms of the law or the established practice.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Elixyd and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Elixyd.

Elixyd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Elixyd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Bulgaria without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Terms of delivery of goods

The delivery of the ordered goods is carried out by the following methods:

• through a courier service from a third party

Delivery is made to the consumer’s address in the respective country at a pre-set delivery address.

Delivery costs are at the expense of the consumer.

Before sending the ordered goods, the Merchant has the right to contact the User on the phone number specified by him, in order to clarify the details of the order and / or delivery.

The Merchant is not responsible for non-fulfillment of an order in cases where the User has provided incorrect, incomplete and / or inaccurate personal data, including when he has provided an incomplete, inaccurate or fictitious address or telephone number.

Delivery is made within the timeframe described under each delivery option in the order interface module. In exceptional circumstances, the Merchant reserves the right to extend the delivery period by promptly informing the User.

Delivery is made within the timeframes described under each delivery option in the order interface module. In exceptional circumstances, the Merchant reserves the right to extend the delivery period by promptly informing the User.

The trader processes the orders within 1 working day from the execution of the order. The delivery is usually made within the usual time in practice according to the chosen method of delivery.

The ordered goods are delivered against a signature, as larger shipments using a courier service are delivered to the entrance of the building.

The consumer is obliged to inspect the goods at the time of delivery and to notify immediately in case of discrepancies, shortages and damages. If the User does not do so, it is assumed that the delivery is accepted without objection.

When making international deliveries, the rules for delivery and receipt of items of the respective national postal service, as well as of the respective national legislation of the country in which the consignee of the goods is located are applicable.

All import fees for importing the goods are at the expense of the User. The consumer cannot claim a refund if he has refused to pay import duties or receive the shipment.

The Merchant reserves the right to change the available methods of delivery and payment and / or the conditions under them at any time by publishing the available methods of delivery and payment on the website without further notice.

Information about authorities controlling the activity

The authorities regulating the activity of the Merchant are the Commission for Consumer Protection / CPC / and the Commission for Personal Data Protection (CPDP), with the following coordinates:
About the CPC:
• Website: https://kzp.bg/kontakti
• phone: 0700 111 22
• email: info@kzp.bg
• address: Sofia, Slaveykov Square, А4A, fl. 3, 4 and 6
About CPDP:
• Website: https://www.cpdp.bg/
• phone: 02 / 91-53-518
• email: kzld@cpdp.bg
• address: Sofia 1592, bul. „Prof. Tsvetan Lazarov ”№ 2
Consumers can use the European Online Dispute Resolution Platform (ODR), available at / http://ec.europa.eu/odr / – a single access portal that allows EU consumers and traders to settle disputes between them.
Alternative dispute resolution (ADR) between consumers and traders is out-of-court conciliation on a voluntary basis.
The Joint 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 determined on a regional basis, and the General Conciliation Commission with its seat in Sliven and the area of ​​action on the territory of Sliven District is competent to resolve disputes between a Merchant and a Consumer.
The consolidated list of recognized ADR entities of the Member States of the European Union can be found at:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show

Contact Us

If you have any questions about these Terms, please contact us.