GENERAL TERMS AND CONDITIONS of WWW.POSITIVEACADEMY.BG
I. SUBJECT MATTER
Art. 1. The existing general terms and conditions are intended for regulation of the relations between MK Consultants OOD, 14 Prilep Str., Ent. A, fl. 3, apt. 7, Pleven 5800, EIN 206502453 downloaded below for the account SUPPLIER, and the clients listed below USERS, on the website “Positiveacademy.bg”.
ІІ. SUPPLIER DATA IN THE PLATFORM
Art. 2. Information in accordance with the Law on Electronic Commerce and the Law on Consumer Protection:
1. Name of the Supplier: MK Consultants Ltd.
2. Headquarters and address of management: 14 Prilep Str., Ent. A, fl. 3, apt. 7, Pleven 5800
3. Addendum for enforcement of the activity and addec for filing complaints from consumers: 14 Prilep Str., Ent. A, fl. 3, apt. 7, Pleven 5800
4. Data on correspondence: Bulgaria, d. Pleven 5800, 14 Prilep Str., Ent. A, fl. 3, apt. 7, Email: office@positiveacademy.b
5. Writing in public registers: UIC 206502453
6. Management bodies:
(1) Commission for Personal Data Protection
Address: гp. Sofia, yl. “Ivan Evstatiev Geshov” № 15,
tel .: (02) 940 20 46
фaĸc: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg.
(2) Consumer Protection Commission
Address: 1000 Sofia, Slaveykov Square, 4A, floors 3, 4 and 6,
tel .: 02/980 25 24
fax: 02/988 42 18
hotline: 0700 111 22
Website: www.kzp.bg.
(3) Commission for protection of the convention
Bulgaria
Sofia 1000, bldg. “Bitosha” №18
Phone: (02) 935 61 13
Fax: (02) 980 73 15
Website: www.cpc.bg.
III. CHARACTERISTICS OF THE PLATFORM
Art. 3. The Site is an e-shop available on the Internet at https://www.positiveacademy.bg/, through which Users have the opportunity to enter into contracts for the sale and delivery of goods / services offered on the Site, including the following:
1. To register and create a profile for viewing the Site and using additional services to provide information;
2. To review goods / services, their characteristics, prices and delivery conditions;
3. To conclude contracts for purchase and sale and delivery of goods / services offered by the Site;
4. To make any payments in connection with the concluded contracts with the Site according to the electronic means of payment maintained by the Site.
When paying by the User for the price of goods / services ordered from the online store in one of the following ways: • Bank card • Bank transfer • The currency of payments with a bank card is Bulgarian levs (BGN), the User is obliged to familiarize himself and agree with The general conditions for using electronic payment services through the website, which are available at: https://www.positiveacademy.bg/obshti-uslovia/
The acceptance of the General Terms and Conditions for the use of electronic payment services through the Website by the Users is done by marking the field (checkbox) “I have read the Privacy Policy and the General Terms and Conditions”, whereby the User declares that he is familiar with them and accepts them.
5. To receive information about new goods / services offered by the Site;
6. To make electronic statements in connection with the conclusion or execution of contracts with the Site through the interface of the site of the Site, available on the Internet;
7. To be notified of the rights arising from the law, mainly through the interface of the website of the Site.
8. To exercise the right to refuse, which is applicable, according to the Law for the protection of consumers.
Art. 5. (1) Users conclude with the Supplier in the Positiveacademy.bg platform a contract for the purchase and sale of goods / services, at the address https://www.positive. The contract is concluded in Bulgarian and is stored in the database of the Supplier in the platform.
(2) By virtue of the contract concluded with the Users for the purchase and sale of the products/services, the Provider on the Positiveacademy platform. bg undertakes to arrange the delivery of the goods/course/service and the transfer of ownership to the User of the services specified by him through the interface on the platform. Users have the right to correct errors in the input of information no earlier than making the statement of conclusion of the contract with the Provider on the Positiveacademy.bg platform.
(3) The users pay for the payments in the Positiveacademy.bg platform. The discount is in the amount of the price announced by the Supplier in the Positiveacademy.bg platform on the website of the Positiveacademy.bg platform on the Internet.
(4) Through the Positiveacademy.bg platform, the person who will perform the delivery of the services requested by the Users in the terms and conditions defined in the Positiveacademy.bg platform and in accordance with these General Terms and Conditions shall be selected.
Art. 6. (1) The User and the Provider on the Positiveacademy. bg agree, that all statements made between them in connection with the conclusion and performance of the contract for the purchase of the sale may be made by electronic and electronic statements within the meaning of the Law on Electronic Documents and Electronic Signatures and Art. 11 of the Law on Electronic Commerce.
(2) It is assumed that the electronic statements made by the User on the Site are made by the persons indicated in the data provided by the User when registering, if the User has entered the corresponding username and password.
IV. REGISTRATION FOR THE USE OF POSITIVEACADEMY.BG
Art. 7. (1) In order to use Positiveacademy.bg for the conclusion of contracts for the purchase and sale of products/services, the User must enter a remote access username and password of their choice.
2) The name and password for remote access shall be determined by the User by performing an online registration on the website of the Provider on the Positiveacademy.bg platform, in accordance with the procedure set out herein.
(3) By filling in his/her details and clicking on the buttons to agree to these General Terms and Conditions, the User declares that he/she is aware of these General Terms and Conditions, agrees to their contents and undertakes to comply with them unconditionally.
(4) The User’s account on the Positiveacademy.bg platform shall confirm the registration made by the User by sending a letter to the e-mail address indicated by the User. The User’s account shall be created and a contractual relationship shall be established between the User and the User on the Positiveacademy.bg platform.
(5) When registering, the User undertakes to provide true and accurate data. The user undertakes to promptly update the data provided in his registration in the event of a change.
(6) The platform of Positiveacademy.bg does not allow the use of an automated scripts to perform any actions on the site – both in the content area of the site and in the social area.
V. TECHNICAL REQUIREMENTS FOR THE CONCLUSION OF A CONTRACT FOR THE PROVISION OF SERVICES
Art. 8. Users shall primarily use the interface of the D page on the Positiveacademy.bg platform to conclude contracts for the sale of the products/services offered by Supplier on the Positiveacademy.bg platform.
Art. 9. Users shall conclude the contract for the purchase and sale of the services offered by Supplier on the Positiveacademy.bg platform according to the following procedure:
Registration on the Positiveacademy.bg platform and provision of the necessary data, if the User has not registered on the Positiveacademy.bg platform.
(2) Login to the system to make purchases on the Positiveacademy.bg platform by identifying with a username and password;
(3) Selecting one or more of the services/courses/costs offered by the providers on the Positiveacademy.bg platform and adding them to the list of available services.
(4) Selection of goods/services for the purchase of the respective providers on the Positiveacademy.bg platform, for which a contract for the purchase and sale shall be concluded.
(5) Provision of data for the performance of the delivery of goods; Provision of contact details for the performance of services
(6) Choice of method and time of payment of the price.
(7) Payment of the order;
VI. CONTENTS OF THE CONTRACT
Art. 10. (1) The supplier on the Positiveacademy platform. bg and the users shall conclude separate contracts for the purchase and sale of the products/services requested by the users, notwithstanding that they have been selected with one electronic statement and from one selection of products/services for purchase.
(2) The supplier on the Positiveacademy.bg platform may organize together and simultaneously the delivery of the goods/services ordered with the individual purchase/sale contracts. The delivery of the services ordered by the User shall be carried out by the delivery service provider selected via the Positiveacademy.bg platform, which shall be notified to the User at the time of delivery. In the case of the provision of recorded video training services, the User shall be granted access to the materials automatically upon payment. When providing real-time training services, the User is obliged to pay by bank transfer for the selected service and to agree with the Provider a day and time convenient for both parties for the training.
(3) The User’s rights in relation to the delivered products/services shall be exercised separately for each purchase and sale agreement. The exercise of rights in relation to a delivered goods shall not affect and shall have no effect in relation to the resale contracts of the other goods. In the event that the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract for the resale of a particular item shall not affect the contracts for the resale of other items delivered to the User.
Art. 11. When exercising the rights under the contract of sale and purchase, the user shall be obliged to indicate precisely and unambiguously the contract and the item in respect of which he exercises the rights.
Art. 12. The user may pay the price for the individual contracts of sale at one time when making the purchase of the goods/services or when delivering them.
VII. SPECIAL CLAUSES APPLICABLE TO PERSONS HAVING THE STATUS OF A CUSTOMER WITHIN THE MEANING OF THE LAW ON THE PROTECTION OF CUSTOMERS
Art. 13. The provisions of this Section VII of these General Terms and Conditions shall only apply to users who, according to the data provided for the conclusion of the pre-sale agreement or upon registration with Positiveacademy. bg, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the Act on Electronic Commerce and/or the Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
Art. 14. (1) The basic characteristics of the goods/services offered by Supplier on the Positiveacademy.bg platform are defined in the profile of each goods/service on the Positiveacademy.bg platform.
2) The price of the products/services, including all taxes and fees, shall be determined by the Supplier on the Positiveacademy.bg platform and the distributors selected by the Supplier in the profile of each product on the Positiveacademy.bg platform.
(3) The value of the postage or transport costs not included in the price of the goods shall be determined by the Supplier on the Positiveacademy.bg platform and shall be provided as information to the Users when selecting the goods for the conclusion of the sale-purchase agreement;
(4) The methods of payment, delivery and performance of the contract are defined in these General Terms and Conditions and the information provided to the User through the mechanisms on the Positiveacademy.bg platform.
(5) The information provided to the User under this Article is actual at the time of its visualization on the Positiveacademy.bg platform prior to the conclusion of the purchase agreement.
(6) Users agree that all information required by the Consumer Protection Act may be provided through the interface of the Positiveacademy.bg platform or by e-mail.
Art. 15. (1) The user agrees that the providers on the Positiveacademy.bg platform are entitled to accept payment in advance for the contracts concluded with the user for the sale of products and their delivery.
(2) The customer independently chooses whether to pay to the providers on the Positiveacademy.bg platform the price for the delivery of the products before or at the time of delivery.
(3) In the event that the value of the customer’s order is equal to or exceeds BGN 15 000, payment shall be made only by bank transfer or deposit to the payer’s payment account.
Art. 16. (1) The subscriber shall have the right, without compensation or penalty and without giving any reason, to withdraw from the contract within 14 days from the date of acceptance of the contract by the persons selected through the Positiveacademy.bg platform.
(2) The receipt of an oĸaз under par. 1 shall not apply in the following cases:
– for the delivery of goods/services made according to the User’s requirements or according to his individual order;
– for the delivery of goods/services which, due to their nature, cannot be returned;
– for the delivery of audio and video recordings or software products printed by the User;
– for the delivery of digital products;
(3) Where the Provider on the Positiveacademy.bg platform has not fulfilled its obligations to provide the information specified in the Consumer Protection Act, the Subscriber shall have the right to withdraw from the concluded contract within 14 days from the date of receipt of the receipt. Where the information is provided to the consumer within the time limit for the withdrawal, the time limit shall begin to run from the date of its provision. The user has the right to make the statement of cancellation under this Article to the supplier by email to office@positiveacademy.bg@positiveacademy.bgosi
(4) Where the consumer has exercised his right of withdrawal from the distance contract or from the contract outside the domestic market. The supplier shall reimburse all sums received from the consumer, exclusive of the costs of delivery, without undue delay and not later than 14 days from the date on which the consumer was notified of the decision to withdraw from the contract. The supplier shall reimburse the sums received using the same means of payment used by the consumer at the time of the original transaction.
(5) When exercising the right of withdrawal, the costs of returning the delivered goods shall be borne by the consumer and the costs of returning the goods shall be deducted from the amount paid by the consumer under the contract. The supplier shall not be obliged to reimburse the additional costs for the delivery of the products if the consumer has expressly chosen a delivery method other than the cheapest type of standard delivery offered by the supplier. The cost of the return of the goods shall be the same as the cost of the delivery according to the tariff of the company used for the delivery.
(6) The subscriber undertakes to store the received Dots in the platform and to ensure the preservation of their safety and security during the period referred to in par. The goods shall be stored in accordance with the manufacturer’s specified requirements.
(7) The customer may exercise his right of withdrawal from the contract with the supplier by sending a written statement to the supplier by email to office@positiveacademy.bg
(8) When Supplier on the Positiveacademy platform. bg has not offered to collect the items itself, it may withhold payment of the amounts to the user until it receives the items or until the user provides proof that it has sent the items back, whichever is earlier.
VIII. PROTECTION HA PERSONAL DATA
Art. 17. (1) The Provider on the Positiveacademy.bg platform shall take measures to protect the personal data of the User in accordance with the Personal Data Protection Act.
(2) For reasons of security of the personal data of the Users, the Provider on the Positiveacademy.bg platform will only send the data to the e-mail address that was provided by the User at the time of registration.
(3) The provider of the Positiveacademy.bg platform is entitled to store data on the user’s communication device, unless the latter expressly opposes this.
(4) The User or Subscriber agrees that the Provider on the Positiveacademy platform. bg has the right to send at any time e-mail messages to the User or Subscriber, including newsletters or offers to subscribe to them, as long as there is a registration of the User or Subscriber in the e-shop of the Provider on the Positiveacademy platform. bg.
(5) The User or the Subscriber agrees that the positiveacademy.bg platform has the right to collect, store and process data about the User’s or the Subscriber’s behaviour when using the positiveacademy.bg platform’s e-shop.
Art. 18. (1) At any time, the User on the Positiveacademy.bg platform is entitled to require the User to identify himself and to verify the authenticity of any of the circumstances and personal data declared at the time of registration.
(2) In the event that for any reason the User has forgotten or lost his/her username and password, the Provider on the Positiveacademy.bg platform is entitled to apply the announced “Lost or forgotten username and password policy”.
(3) The e-shop “Positiveacademy.bg” (https://www.positiveacademy.bg/) processes personal data of visitors and registered users for the purposes of advertising, sale and delivery of products/services, as well as for ancillary activities related to them. Here you can read all the information about our privacy policy: https://www.positiveacademy.bg/privacy-policy/
IX. MODIFICATION AND AMENDMENT TO THE TERMS AND CONDITIONS
Art. 19. (1) These General Terms and Conditions may be amended by the Provider on the Positiveacademy.bg platform, of which the latter will notify all registered Users in an appropriate manner.
(2) The Contributor to the Positiveacademy.bg platform and the User agree that any amendment or modification of these General Terms and Conditions shall be effective against the User in one of the following cases:
A) after being expressly notified by the Provider on the Positiveacademy.bg platform, and if the User does not state within the 14-day period granted to him that he rejects them; or
B) after their publication on the website of the Provider on the Positiveacademy.bg platform and if the User does not declare within 14 days of their publication that he rejects them.
B) with the express acceptance of the User through his/her profile on the website of the Provider on the Positiveacademy.bg platform.
(3) The User agrees that all statements made by the User on the Positiveacademy.bg platform in connection with the amendment of these General Terms and Conditions will be sent to the e-mail address provided by the User upon registration. The User agrees that e-mails sent pursuant to this Article need not be signed with an electronic signature to be effective against him.
Art. 20. The supplier on the Positiveacademy.bg platform shall publish these General Terms and Conditions at
https://www.positiveacademy.bg/obshti-uslovia/, together with all additions and amendments thereto.
X. TERMINATION
Art. 21. These General Terms and Conditions and the User’s contract with the Provider on the Positiveacademy.bg platform shall apply in the following cases:
– in the event of bankruptcy of one of the parties to the contract;
– by mutual agreement of the parties in writing;
– in the event of the inability of either party to the contract to perform its obligations;
– in case of seizure or sealing of the equipment by state authorities;