General Terms & Conditions

Terms and conditions of use of the online shop

This document contains comprehensive information on the terms of use of the online shop available at: https://herbawave.com/ and the functionalities that users can access through it. Before proceeding to use or order products from it, you must read carefully and familiarise yourself with the conditions described in this document.

Any use of the online store shall be deemed a declaration by the user that he is aware of the existence of these terms and conditions of use and agrees to them. The performance of certain actions in the online store may require a mandatory and express confirmation by the user that he agrees to all the provisions of this document and undertakes to comply with them.

Section I – General

Art.1 (1) This online store is managed and administered by.
Name: NETWORK LOGIC Ltd

UIC/BULSTAT: 201139421

Headquarters and registered office: Sofia, Vitosha district, Blvd. 425, Tsar Boris III Street,

Address for correspondence: Sofia, Vitosha district, 425, Tsar Boris III Street

Email: contact@herbawave.com

(2) Control bodies in connection with the activities of the Administrator:

Name: Consumer Protection Commission

Registered office and registered address: Sofia, 1 Vrabcha Str.

Address for correspondence: Address for correspondence. Sofia, 1 Vrabcha Str.

Phone: 0700 111 22

Website: https://kzp.bg/

Art. 2 (1) For these General Terms and Conditions, the following terms shall be interpreted and understood following the definition given to each

1. Merchant – this term refers to the legal entity that is party to the distance purchase agreement and owns the current online store, including the entity responsible for its development and maintenance;

Contract – is the contract concluded remotely between the trader and the customer for the purchase and sale of goods through the online store owned by the trader, as an integral part of this contract are these Terms and Conditions;

Order – an electronic document representing a communication form sent by the Customer to the Merchant via the online store, through which the former expressly declares his/her desire to conclude a contract of purchase and sale, indicating the essential terms of the agreement, namely – the brand/model of the respective product, its quantity, specific characteristics (colour, size, composition, etc.);

Malicious acts or omissions are acts or omissions that violate laws, and Internet ethics, or harm persons connected to the Internet or associated networks, such as: Sending unsolicited commercial messages (SPAM), gaining access to resources with someone else’s rights and passwords, exploiting flaws in systems for personal gain or to obtain information (HACK), committing acts that may qualify as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending Trojan horses or causing the installation of viruses or remote control systems, interfering with the normal operation of other users of the Internet and associated networks, or committing any acts in the sense described above.

1. Customer – shall be defined as any natural person at least 18 years of age, any legal entity represented by its representatives, or any other legal entity that is a party to at least one distance purchase contract.
2. Cart – means a section of the site where the user or customer can view the selected and added products in a separate user session.
3. Comment – a positive evaluation, critical remark or other opinion expressed by a Customer about a specific product, that the latter has purchased.

Discounted Price – this is the price offered by the Merchant which is lower than the usual selling price and is a reference for discounts. This discounted price is based on the lowest price the Merchant has advertised for the last 30 days before the introduction of the discount on the Goods in our online store;

Selling price – The final price, including VAT and all other taxes and charges, which the customer must pay to acquire title to the specific goods.

Review – a written evaluation by a customer who has purchased an item from the online store, based on personal experience, expressing an opinion as to whether the item meets the merchant’s stated features.

Rating – a method of calculating the level of satisfaction of a customer concerning a particular product that the latter has purchased. The rating is expressed in the form of stars, and each item may receive a rating of one to five stars. This degree of satisfaction may be accompanied by an additional comment explaining the rating provided.

A fortuitous event is a circumstance of an extraordinary nature, unforeseen at the time of the conclusion of the contract, which results in an objective impossibility of performing the contractual obligations.

Delivery time – the time for which the customer receives the selected goods in the presence of the courier company. The delivery period depends on the delivery method chosen by the customer and the specific forwarder. The usual delivery time is from 1 to 5 working days. On weekends and holidays, the period may be extended unilaterally by the forwarder, for which the Merchant cannot be held responsible.

Commercial messages – any message sent through electronic communication channels (such as e-mail, SMS, notification, etc.) or by image. text, which contains general and thematic information on available promotions, discounts, and discounts for individual goods, as well as for entire categories or subcategories offered by the Merchant.

Section II – Characteristics of the online store

Art.3 (1) This online shop enables third parties (users) to view offers for the purchase of goods, as well as to conclude purchase contracts remotely. The main purpose of the Merchant is to provide the following functionalities through the online shop:

View detailed descriptions, features and images of goods to give information to consumers;
Update information and access to current stock of goods and their prices;
Sending an order request to the Merchant and subsequent conclusion of a distance purchase contract;
Payment of the price of the ordered goods by online payment with debit or credit card;
Providing channels of communication with the Merchant through the online store in or regarding its use, including distance sales contracts;
View up-to-date news and useful information related to appearance and health care;

(2) These General Terms and Conditions, in their entirety, are applicable in all cases with regard to the regulation of the legal relationship between the trader on the one hand and users or customers on the other. An exception to these terms and conditions may only be made in the event of a written agreement between the respective parties which expressly limits their scope.

Section III – Steps for concluding a distance purchase contract

Art.4 (1) Users have the right to conclude contracts for the purchase and sale of goods in the online store by ordering as a guest (without the need for registration)

(2) To create an order request, the following actions are required:

Selecting one or more of the available items that are visible on the site, and adding them to your cart by clicking the “Buy” button
View all the products in the cart, their unit price and number, the total price as well as the shipping cost and proceed to the next step by clicking on the “Complete Order” button
Provision of delivery details: delivery address (address, city, postcode) or courier office address; two names, email and telephone number of a contact person, and completion of additional order information (if required);
Choice of payment method for the final price from Cash on delivery, card payment;
Actively agreeing to these terms and conditions and the privacy policy and then submitting the order request by clicking the “Complete Order” button

(3) After completing the order, the user is now a customer and receives an automatically generated message to the e-mail address he/she has specified to confirm the order. This message contains information about the ordered goods, their number, total price and expected delivery time.

(4) In case you do not receive an automatically generated message, please check your spam folder. If the order confirmation message is not received successfully, it is necessary to contact the Merchant immediately to clarify the status of your order.

Art.5 (1) The distance purchase contract between the trader and the customer shall be deemed to be concluded from receipt of the automatically generated confirmation message.

(2) By accepting these General Terms and Conditions, the Customer acknowledges that separate distance purchase contracts are concluded for each item in the order.

(3) The trader reserves the exclusive right to refuse orders in case of lack of availability, suspected abuse or other circumstances for which he is not obliged to provide additional information. In these cases, notification shall be sent electronically within 24 hours of the order being placed to the trader, but no later than the first working day following the order was placed.

Art.6 (1) All prices quoted in the online shop are in euros, including value-added tax (VAT) and all other taxes and charges, unless otherwise expressly stated.

(2) The Customer may fulfil his obligation to pay the price of the ordered goods by one of the following methods:

By credit or debit card (MasterCard, MasterCard Electronic, Maestro, Visa, Visa Electron, etc.), by PayPal payment instrument
By cash on delivery at the time of receipt of the goods from the freight forwarder GLS company, Speedy or Econt

(3) Each payment made to the Merchant shall be accounted for following European legislation and the relevant supporting document shall be issued (cash voucher, including in electronic format or invoice), which shall be sent to the Customer in the original or as an attachment to an electronic message from the Merchant.

Art.7 (1) In respect of goods which are supplied on a promotional basis together with other goods in a set, the price for the set shall apply only in its entirety and the relevant discount shall not be offered only in respect of individual goods in the set.

(2) Goods supplied on a promotional basis together with other goods in a set and for which the price applies to the set in its entirety may be returned by the Customer for a refund of the price paid, only as a set in its entirety.

Section IV – Rights and Obligations of Users and Customers

Art. 8 Users have the following rights:

To access the online shop to view offers for concluding a purchase contract;
To communicate with the Merchant in case of need for additional information about goods, as well as in case of problems with the use of the online store;
To fill in their data when using a contact form and
To share their opinions and suggestions for the better functioning of the online store or its development;

Art.9 Users have the following obligations

To use the online store responsibly, following the laws of the Republic of Bulgaria, the directives and regulations of the European Union and in full compliance with these Terms and Conditions;
To take any unlawful action that could interfere with the operation of the online store in whole or in part;
Make unauthorised access to the servers and database maintained by the Merchant;
Not to copy, modify, reproduce or distribute the information from the online store for any unlawful purpose, including copyright infringement, without the express written permission of the Merchant;
Not to violate the rights and legitimate interests of the trader, and to avoid abuses and omissions that could lead to such a result;

Art. 10 Customers, in addition to the rights of consumers have the following rights:

To receive information from the Merchant about the status of their order of goods through the online store;
Receive a document (receipt or invoice) justifying the payment of the price under the distance purchase contract;
To exercise their rights under the concluded distance purchase contract following Bulgarian legislation, including. The right of complaint and the right of withdrawal from the contract;

Art.11 In addition to all the obligations of users, customers have the following obligations:

To visit a courier’s office or to be at the specified address on the day of delivery, with the ultimate aim of fulfilling their obligation following the distance purchase contract and to accept the ordered item(s);
To inspect the goods upon receipt from the courier to make sure that they fully comply with the description and characteristics specified in the online store;
In the event of any visible marks, defects or discrepancies in the goods or their packaging, notify the Trader immediately;
To pay the price of the ordered goods in advance when placing the order or by cash on delivery, including the costs of the forwarding service, unless the latter are not covered by the Merchant;
To unpack the goods carefully to preserve their commercial appearance and original packaging;
To keep confidential any correspondence arising from or in connection with the conclusion or performance of the distance purchase contract or the use of the online shop;

Section V – Trader’s rights and obligations

Art.12 The trader shall have rights as follows:

To send advertisements or commercial messages by electronic means (including email or text messages) to users or customers, subject to their consent to do so;
To offer goods to make an offer to conclude a distance purchase contract with an unlimited number of persons;
To receive in advance the quoted price of all goods in the basket provided that the chosen payment method is by card (credit or debit); Provided that the selected payment method is by cash on delivery, he/she shall be entitled to receive the price of the goods ordered but not later than 10 working days after the date of their dispatch;
To suspend, temporarily or for a long period, the supply of certain goods in the event of an objective impossibility to supply them or for any other reason, without expressly notifying the interested parties;
To refuse requests for orders without the need to expressly notify the reasons necessitating such action, provided that it notifies the interested party no later than the end of the first working day following the day on which the request is sent;
To store and process the personal data of individuals, provided that it has obtained their explicit consent to do so, or where there is a legitimate interest requiring such action;
To use user comments, reviews and ratings to promote the online store;
Use all civil, administrative and criminal remedies to protect copyright;
To share personal data with third parties who have a role in the management, maintenance and development of the online store, provided that it is responsible for their actions as its own and following the Privacy Policy;
To use external contractors regarding delivery to customers;

Art.13 The trader has the following obligations towards all interested persons using the online store:

To maintain the online store in good technical condition, promptly responding to the presence of a technical problem or non-compliance with normal operation, including in the presence of a report of bugs or other technical problems by a third party;
To ensure the rights and legitimate interests of the persons concerned and to assist in their exercise where necessary, including in connection with or in connection with the performance of a distance purchase contract and concerning the processing and storage of personal data;
To transfer ownership of the goods that are included in the relevant order request;
To explicitly notify customers in the event of unavailability of goods they have requested by ordering in the online store, but no later than 48 hours after the order has been placed;
To inform all third parties on time of any changes relating to the terms and conditions, the privacy policy, the delivery terms and any other material changes that may directly or immediately affect the personal data provided or the performance of the distance purchase contract;
To be liable, including in respect of property, following these General Terms and Conditions, as well as in other cases expressly provided for by law;

Section VI – Delivery Terms

Art.14 (1) The trader shall be responsible for arranging the delivery and handing over the goods(s) to the customer by using an external forwarder within 24 hours from the time of the order, but no later than the first working day following the day of the email confirmation.

(2) Customers can choose a freight forwarder to deliver the relevant goods subject to the distance purchase contract. They shall have the right to decide whether the goods are to be delivered to an address specified by them or to the office of the relevant forwarder.

(3) The trader is obliged to pack the goods appropriately to preserve their integrity and original appearance until their delivery to the respective customer.

(4) The trader shall deliver goods subject to a distance purchase contract throughout the European Union

Art.15 (1) If the Trader cannot deliver the product(s) subject to the distance purchase contract because they are not available, he is obliged to notify the customer of this within 24 hours from the moment he becomes aware of the lack of availability.

(2) If payment is made by card, the money shall be refunded within 10 working days.

Art.16 (1) Except as otherwise stated on the relevant product page or category, the standard delivery time for each item is 1 (one) to 5 (five) business days from receipt of order confirmation.

(2) When we have promotional campaigns, including during national holidays in the Republic of Bulgaria, the delivery period may be extended to 10 working days.

(3) In the event of incorrect data required for the delivery, as well as in other cases in which due to the volume or nature of the order, or due to unforeseen circumstances, a longer delivery period than that specified in the preceding subparagraphs is required, the Customer shall be promptly notified.

Art.17 (1) The customer or the third party, is obliged to inspect the goods before acceptance for obvious defects, shortages or goods different from the ordered ones. If such a circumstance is found, the Customer shall immediately notify the Merchant. If this is not possible, he should NOT accept the goods until he establishes contact with the Merchant by telephone or e-mail.

(2) If the actions referred to in the first sentence of the preceding paragraph are not carried out, the goods shall be approved and the customer shall lose the right to claim later that the same were delivered with manifest defects or shortcomings. An exception to this rule shall only apply to products dispatched other than those requested in the order concerned.

Section VII – Conditions for return, refund and exchange

Art.18 (1) The trader shall be liable for any lack of conformity of the goods existing at the time of receipt of the ordered goods.

(2) The exercise of the right of complaint under par. 1 shall be exercised by completing and submitting the claim form.

(3) Upon receipt of the completed form referred to in the preceding paragraph and after ascertaining the lack of conformity, the customer shall be entitled to receive goods that conform to the contract at the expense of the former.

(4) If the performance of the delivery of the goods subject to the distance purchase contract is not possible, the User has the right to a price reduction for partial performance or to cancel the contract by refunding the price paid for the goods through a bank account specified by him within 14 days of the request.

Art.19 (1) Customers who have the status of consumers within the meaning of the Consumer Protection Act shall have the right to withdraw from the contract within 14 days from the date of acceptance of the ordered goods, without giving any reason, without compensation or penalty. The exercise of this right can be done by filling in and sending a standard form (see Appendix 1 to these GTCs) to this effect to the Merchant at the contact e-mail address indicated.

(2) The trader shall, within 1 working day from receipt of the notification, send confirmation of the received application for withdrawal by the customer.

(3) Upon receipt of confirmation that the exercise of the right of withdrawal is valid, the Customer is obliged to send back the goods that he has received. For the exercise of the right of withdrawal to be valid, all of the following requirements must be present:

The goods must be in the original packaging, together with all other enclosed documents (instructions for use, leaflets, etc.);
The goods must be unused, with their integrity intact, so that their commercial appearance is fully preserved;
The supporting document (receipt or invoice) must be attached;
To pay the cost of returning the goods to the address specified by the Merchant;
Other requirements expressly stated in Bulgarian law or these General Terms and Conditions;

Art. 20 (1) Upon exercise of the right of withdrawal, the costs of the returned goods shall be deducted from the refund paid, except in cases where the Customer pays the costs of returning the goods himself.

(2) The Merchant shall be entitled to refuse to reimburse the additional cost of delivery of the Goods if the Customer chooses a delivery method other than the most economical standard option provided by the former.

Art.21 (1) The trader shall reimburse all sums received from the consumer, including the costs of delivery, without undue delay and no later than 14 days from the date he was notified of the consumer’s decision to withdraw from the contract. The trader shall refund the amounts received using the same means of payment used by the Customer. An exception to this rule shall only be made if the latter has expressly agreed to the use of another means of payment and provided that this does not entail any costs for the Merchant.

(2) The Trader shall be entitled to retain the amount paid by the Customer until he has received the goods or until the latter has provided proof that he has sent the goods back, whichever is earlier.

Article 22 The exercise of the right of withdrawal shall not be allowed for goods which fall into one of the following categories:

Sealed goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
Goods which are medicinal products, food supplements, their substitutes and the like, when in pill form or powder, when the package is already open;
In other cases expressly provided for in a statutory instrument or these General Terms and Conditions;

Section VIII – Intellectual Property Rights. User Generated Content.

Art. 23 (1) All content of the online store, including but not limited to the logo, any graphic images, inscriptions, trademarks, dynamic symbols, texts or other multimedia content are the exclusive property of the Merchant, unless otherwise agreed with the respective copyright holder.

(2) The trader retains all intellectual property rights relating in any way to the online shop, whether his own or obtained through contractual licences or any other legal means. Any content accessed by individuals when visiting the online shop is subject to regulation by these terms and conditions.

(3) Any person shall be entitled to download, transfer or use the content solely for personal non-commercial purposes, provided that such actions are not in violation of copyright and related rights under applicable Bulgarian law or do not violate the rules of these Terms and Conditions.

(4) The use of the content for commercial purposes is permissible only after obtaining written consent from the Merchant. Any subsequent or different use of the Content that is not agreed to and approved by the Merchant shall be deemed a breach of these Terms and Conditions, including a breach of the Merchant’s intellectual property rights, who shall be entitled to hold the relevant person liable.

(5) In the presence of used content that contains a reference link to the Merchant’s website or indicates its authorship right, it will not be considered consent.

(6) Any use of the Content for any purpose other than as expressly permitted in these Terms and Conditions or other express written consent given by the Merchant is prohibited.

Art. 24 (1) The trader shall give the consumers who have purchased goods through the trader the opportunity to send their opinion, comment and evaluation of the purchased product(s). Customer-generated content is generated in this way.

(2) By submitting a review, comment, question or answer, customers grant Merchant a non-exclusive, perpetual, irrevocable and territorially unlimited license, as well as the right to use, reproduce, adapt, publish, translate, distribute and display such content.

Section IX – Responsibility of the Merchant

Art. 25 The risk of loss or damage to the goods shall pass to the Customer when he accepts the goods. Until that time, the risk shall be borne by the Merchant.

Art. 26 The Merchant shall not be liable for monetary or non-pecuniary damage in the following cases:

Where such damages are the result of force majeure or circumstances beyond the control of the Merchant;
Where such damages result from the use of or inability to use the site or any errors or omissions in the content, including. In advertising campaigns;
In case of unavailability of a certain product, inability to access the site, account, content and other elements of the online store;
When the goods do not meet the customer’s requirements or expectations;
Differences in colours or packaging of products;

Art. 27 (1) The Merchant shall be liable for:

Failure to arrange delivery and hand over the goods to an appropriate courier within a reasonable time;
Inadequate performance of the contract in terms of quantity or quality;
Presence of hidden defects that are covered as a risk by the legal warranty;
Violation of the commercial appearance of the goods during transport by the freight forwarder;

(2) In all the above cases, the trader’s liability shall be limited to the amount of the respective order, unless the existence of greater pecuniary or non-pecuniary damage is proven in court.

Section X – Amendment and Supplement to the Terms and Conditions of Use.

Art.28 (1) These General Terms and Conditions may be amended or supplemented by the Merchant, the latter being obliged to notify in an appropriate manner all interested parties using the online store. The notification may be using a post on the blog section of the website or social networks.

(2) The parties agree that any amendment or modification of these terms and conditions shall be effective as to them on whichever of the following events occurs first:

Upon notification by the Merchant, if the other party fails to state within the 14 days provided that it rejects or
After publication in the online shop, if the other party does not state within 14 days of publication that it rejects them, or
With the express acceptance of the other party by an action performed in the online store.

(3) All statements of the Merchant addressed to the other party in connection with the amendment of these General Terms and Conditions may also be sent to the e-mail address specified at the time of account registration or at the time of order.

Section XI – Transitional and Final Provisions

Art. 29 (1) The present General Terms and Conditions of Use of the online store, which regulates the legal relations between the Merchant on the one hand and users and customers of the online store on the other hand, are in full compliance and following them the Bulgarian legislation shall apply.

(2) In the event of a dispute between the above parties, it shall be resolved in a spirit of understanding, goodwill and mutual concessions. If no agreement is reached, all unresolved disputes arising out of or relating to the contract between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, shall be resolved by the competent civil court, following applicable Bulgarian law.

Art. 30 The parties to this Agreement undertake to protect each other’s rights and legitimate interests, as well as to protect trade secrets and confidential information obtained in the course of or in connection with the performance of the distance purchase contract.

Art.31 In case of conflict between these General Terms and Conditions and provisions in a special contract between the Merchant and the other party, the provisions of the special contract shall prevail.

Art. 32 (1) Neither party may assign its rights or obligations to a third party, except with the express written consent of the other party.

(2) In the event of a breach of the rule in paragraph (1), such action shall be deemed relatively void against the prevailing party.

Art.33 These General Terms and Conditions shall enter into force for all users of the online store as of 24.05.2024.