TERMS AND CONDITIONS
FOR THE USE OF “Doni Zdrave”

These TERMS AND CONDITIONS govern the relationship between “DONI Zdrave“ Ltd., hereinafter referred to as „the Merchant“, on the one hand, and the Users of the websites and services located on the domain www.donyhealth.com (hereinafter referred to as Users), on the other.

“DONI Zdrave“ Ltd. is a company registered under the Commerce Act of the Republic of Bulgaria, UIC: 208721350, VAT number: BG208721350, with registered office and management address: Sofia 1680, Krasno Selo district, Borovo residential area, 47 Pirinski Prohod St., entr. A, fl. 2

Please read the published Terms and Conditions in full before using the information and commercial services offered by the website www.donyhealth.com (referred to as the Services for short). By viewing www.donyhealth.com, every User automatically undertakes to comply with the terms described below.

This document contains information about the activities of “the Merchant“ and the general terms of use of the services provided by “the Merchant“, and governs the relationship between us and each of our registered users.

Confirmation of the Terms and Conditions is a necessary and mandatory condition for the registration of every User and for the conclusion of the contract between them and “the Merchant“. By clicking the virtual button “Register“, you are deemed to be familiar with the Terms and Conditions and undertake to comply with them.

Art. 1 The services provided by “the Merchant“ to the User are information society services within the meaning of the Electronic Commerce Act.

Art. 2 “the Merchant“ is an online store accessible on the website www.donyhealth.com, through which Users can conclude contracts for the purchase and delivery of the goods offered by the Merchant.

Art. 3 (1) “the Merchant“ identifies the Users of the website by storing log files on the server of www.donyhealth.com and the User’s IP address.

(2) “the Merchant“ has the right to collect and use information about Users after they have registered. The information by which a person can be identified may include first name, surname, date of birth, gender, address, telephone, as well as any other information that the person provides voluntarily during registration.

The information also includes any other information that the User enters, uses or provides when using the Services provided by “the Merchant“.

Art. 4 (1) “the Merchant“ exercises due care and is responsible for protecting the information about the User that became known to it in connection with the registration – the subject of these Terms and Conditions, except in cases of force majeure, accidental events or malicious acts of third parties.

(2) In the registration form completed by the User during registration, “the Merchant“ indicates whether providing the data is mandatory or voluntary and the consequences of refusing to provide it. By agreeing to these Terms and Conditions, the User agrees that the information about them will be processed in the manner provided for herein.

(3) The restrictions under para. 1 do not apply if “the Merchant“ is obliged to provide the User’s personal information to the relevant competent state authorities in accordance with the applicable legislation.

Art. 5 (1) “the Merchant“ collects and uses the information under Art. 3 for the purposes provided for in these Terms and Conditions, as well as for offering new goods and/or services to the User (free or paid). The purposes described for which the information is used are not exhaustive and do not create obligations for “the Merchant“.

(2) By accepting these Terms and Conditions, the User agrees to the processing of their personal data for the purposes of this contract and direct marketing.

Art. 6 The personal data provided by the User, as well as the personal data that the Merchant prepares and generates in the course of providing the services, are processed and stored by the Merchant in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Art. 7 (1) To conclude a contract with “the Merchant“, the User must first register by completing the relevant electronic registration form, available in real time (online) on the Merchant’s website, agree to these Terms and Conditions and declare that they have legal capacity.

(2) By clicking the virtual button “Register“, which has the force of a written confirmation of the Terms and Conditions, the User makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that they are familiar with these Terms and Conditions, accept them and undertake to comply with them. By being recorded on a suitable medium on the server of “the Merchant“, using a generally accepted standard for technical conversion that makes its reproduction possible, the electronic statement acquires the quality of an electronic document within the meaning of the cited law. “the Merchant“ may store in log files on its server the User’s IP address, as well as any other information necessary to identify them and to reproduce their electronic statement accepting the Terms and Conditions in the event of a legal dispute. The text of these Terms and Conditions is available on the Merchant’s website in a way that allows it to be stored and reproduced.

(3) When completing the registration application, the User must provide complete and correct data regarding their identity (for natural persons), legal status (for legal entities) and the other data required by the electronic form of “the Merchant“, and update them within 7 (seven) days of any change. The User declares that they agree to provide the personal data so required and guarantees that the data provided during registration are true, complete and accurate and will be updated promptly if they change. If false data is provided, “the Merchant“ has the right to terminate or suspend immediately and without notice the provision of the services and the maintenance of the User’s registration.

Art. 8 (1) Upon registration, the User receives a unique username and password for access to the services available through the website of “the Merchant“.

(2) The username with which the User registers does not give them any rights other than the right to use that username within the online store of “the Merchant“.

(3) A person registering as a representative of a legal entity must enter their full name and address, or the name of the legal entity they represent. By accepting the Terms and Conditions, they guarantee and confirm that they have a contractual relationship with the user company they have registered. If incorrect or misleading information is entered, the party loses the right of access to the services of the website of “the Merchant“.

(4) The User must exercise all care and take the necessary measures reasonably required to protect their password, must not disclose their password to third parties and must notify “the Merchant“ immediately in the event of unauthorised access, as well as if there is a likelihood or suspicion of such access. They bear the responsibility and risk for protecting their password, as well as for all actions carried out by them or by a third party using their password.

Art. 9 (1) Users use the interface of the website of “the Merchant“ to conclude contracts for the purchase of the goods offered by “the Merchant“ in the online store.

(2) The contract for the purchase of goods is deemed concluded from the moment the User places the order through the website of “the Merchant“.

Art. 10 (1) To place an order, the User must register in accordance with the procedure and conditions described in these Terms and Conditions and log into the system by identifying themselves with a username and password.

(2) After selecting one or more goods offered on the website of “the Merchant“, the User must add them to their list of goods for purchase (“basket“).

(3) The User must provide delivery details and choose the method and time of payment of the price, after which they confirm the order through the interface of the online store.

(4) When placing an order, the User receives an email confirmation that their order has been accepted.

Art. 11 (1) The ordered goods are delivered by courier to the delivery address specified by the User. Delivery is at the User’s expense.

(2) Before sending the ordered goods, “the Merchant“ has the right to contact the User at the telephone number provided in order to clarify details about the order and/or delivery.

(3) “the Merchant“ is not liable for non-fulfilment of an order where the User has provided false, incomplete and/or inaccurate personal data, including where they have provided an incomplete, inaccurate or fictitious address or telephone number.

Art. 12 Delivery is made within the periods described under each delivery option in the order module. In exceptional circumstances, “the Merchant“ reserves the right to extend the delivery period, informing the User accordingly in good time.

Art. 13 (1) The ordered goods are delivered against signature, and larger parcels (at the courier’s discretion) are delivered to the entrance of the building.

(2) The User must inspect the goods at the time of delivery and immediately notify the courier of any discrepancies, missing items or damage found. If the User does not do so, the delivery is deemed accepted without objection.

Art. 14 (1) If it is impossible or difficult to deliver to the addressee in person, parcels are delivered as follows:

a) to a business address – to a person working at the address, noting the name of the person who received the parcel;

b) to a home address – to a member of the household, noting the name of the person who received the parcel.

(2) If the parcel cannot be delivered for reasons not attributable to “the Merchant“ or the courier, the person making the delivery calls the contact telephone number provided by the User to clarify from which courier office the User can collect the delivery.

(3) If it is impossible to contact the User, the distance sales contract is automatically terminated and “the Merchant“ is released from its obligation to deliver the ordered goods.

Art. 15 (1) The User has the right to withdraw from the contract without giving a reason and without owing compensation or a penalty within 14 days from the date on which the goods were accepted by the User or by a third party.

(2) To exercise their right under this clause, the User must notify “the Merchant“ in writing of their decision to withdraw from the contract, identifying the goods they wish to return by providing all details of the order and delivery, including but not limited to the order value, details of the person who placed the order, details of the person who accepted the delivery, and the date of delivery.

(3) The User must return the goods at their own expense by handing them over to “the Merchant“ or to a person authorised by it within 14 days of the date on which the User exercised their right of withdrawal.

Art. 16 (1) If the User opens the factory packaging of the goods, they lose the right to withdraw from the contract for reasons related to hygiene and health protection.

(2) If, upon receipt of the returned goods, it is found that their factory packaging has been opened, “the Merchant“ will have no obligation to refund the price paid to the User.

Art. 17 (1) “the Merchant“ refunds to the User the price paid for the returned goods within 14 days of receiving the returned goods.

(2) Where the order was paid by debit or credit card, the refund is made by ordering a reverse transaction (credit transaction) to the same card (payment account) with which the original payment was made.

(3) In other cases, the refund is made to a bank account specified by the User or in another suitable way at the User’s request.“

Art. 18 If the User discovers an obvious non-conformity of the goods with the sales contract, they have full rights to file a complaint in accordance with the provisions of the Consumer Protection Act.

Art. 19 “the Merchant“ reserves the right to change the prices of the goods offered unilaterally.

Art. 20 “the Merchant“ has the right, at its discretion and without notice, to terminate the contract unilaterally if it finds that the services provided are being used in breach of these Terms and Conditions, the legislation of the Republic of Bulgaria and generally accepted moral standards.

Art. 21 (1) The User has the right to online access to the services provided through the website of “the Merchant“, subject to the conditions and access requirements set by “the Merchant“. To be able to use the services, the User must enter their username and password.

(2) The User has the right to access and correct online the personal data provided during registration.

Art. 22 (1) The intellectual property rights to all materials and resources located on the website of “the Merchant“ (including the available databases) are protected under the Copyright and Related Rights Act, belong to “the Merchant“ or to the respectively indicated person who has granted the right of use to “the Merchant“, and may not be used in breach of the applicable legislation.

(2) The User’s right of access does not include the right to use, copy or reproduce information that is subject to intellectual property, except for an insignificant amount of information intended for personal use, provided that the legitimate interests of the authors or other holders of intellectual property rights are not unreasonably harmed and that the copying or reproduction is for non-commercial purposes.

(3) In the event of copying or reproducing information beyond what is permitted under the preceding paragraph, as well as any other infringement of the intellectual property rights to the resources of “the Merchant“, the User owes “the Merchant“ a penalty of BGN 10,000 (ten thousand) for each separate infringement. The stated amount of the penalty does not deprive “the Merchant“ of the right to claim compensation for greater damages exceeding the amount of the penalty, where such have been suffered.

(4) When using the access provided to the services offered by “the Merchant“, the User undertakes: to comply with Bulgarian legislation, these Terms and Conditions, Internet etiquette, the rules of morality and good manners; not to harm the good name of others and not to call for a violent change of the constitutionally established order, for committing a crime, for violence against the person or for inciting racial, national, ethnic or religious hatred, not to promote fascist or other anti-democratic ideology, not to infringe the property or non-property rights of others, including intellectual property rights; to notify “the Merchant“ immediately of any case of an infringement committed or discovered; not to interfere with the proper operation of the system, including but not limited to not obstructing the identification procedure of another User, not accessing beyond the access provided, not harming or obstructing the availability, reliability or quality of the access provided, and not using it in a way that causes a denial of its use; not to extract by technical means or in a technical way information resources or parts of information resources belonging to the databases located on the website of “the Merchant“ and thereby not to create their own database in electronic or other form; not to impersonate another person or otherwise mislead third parties about their identity or affiliation with a particular group of people; not to carry out malicious acts within the meaning of these Terms and Conditions.

(5) Except where expressly agreed, the User may not reproduce, modify, delete, publish, distribute or otherwise disclose the information resources published on the website of “the Merchant“.

Art. 23 (1) “the Merchant“ undertakes to exercise due care to provide the User with normal access to the services provided.

(2) “the Merchant“ has the right to deactivate or delete the username and password for access to the User’s account if the User infringes the intellectual property rights of “the Merchant“ to the elements on its website that are subject to intellectual property.

(3) “the Merchant“ reserves the right to suspend access to the services provided after giving notice in the User’s account. “the Merchant“ has the right, but not the obligation, at its discretion to delete information resources and materials published on its website.

Art. 24 (1) In addition to the cases provided for in these Terms and Conditions, the contract between the parties is also terminated upon the cessation of the activities of “the Merchant“ or the termination of the maintenance of its website.

(2) The User has the right at any time, at their own discretion, to stop using the services provided by “the Merchant“.

(3) Upon termination of the contract, “the Merchant“ deactivates the User’s account and deletes the access password.

Art. 25 Apart from the cases indicated above, either party may terminate this contract by giving one week’s notice to the other party in the event of non-performance of the obligations under the contract.

Art. 27 The written form of the contract is deemed observed by sending an email message, clicking an electronic button on a page with content filled in or selected by the User, or ticking a box (checkbox) on the website and similar, insofar as the statement is technically recorded in a way that allows it to be reproduced.

Art. 28 The parties declare that if any of the clauses of these Terms and Conditions prove to be invalid, this will not render the entire contract or other parts of it invalid. The invalid clause will be replaced by the mandatory provisions of the law or established practice.

Art. 29 (1) “the Merchant“ undertakes to notify Users of any change to these Terms and Conditions within 7 days of its occurrence at the email address provided by the User.

(2) If the User does not agree with the changes to the Terms and Conditions, they have the right to withdraw from the contract without giving a reason and without owing compensation or a penalty. To exercise this right, the User must notify “the Merchant“ within one month of receiving the notice under the preceding paragraph.

(3) If the User does not exercise their right to withdraw from the contract in the manner set out in these Terms and Conditions, the change is deemed accepted by the User without objection.

Art. 30 For all matters not regulated by these Terms and Conditions, the provisions of the applicable legislation of the Republic of Bulgaria shall apply.

Order cancellation and returns

Privacy of personal data

Donyhealth.com guarantees its Users/customers the confidentiality of the personal data provided and undertakes not to provide it to third parties in any form, nor to use it for purposes other than those stated above. The personal data provided by customers to donyhealth.com (names, address, telephone, e-mail, etc.) will be used solely for processing and delivering the order, contacting you and providing information in the form of a newsletter (which you can unsubscribe from at any time), in compliance with the provisions of the Personal Data Protection Act. Online card payments are made through the online POS terminal of UBB. “DONI Zdrave“ Ltd. does not store information about its customers’ credit cards and has no access to it. “DONI Zdrave“ Ltd. is not liable for additional fees, commissions and other additional payments made by the buyer or their bank in connection with the transaction.

Cookies

An HTTP cookie, usually simply called a “cookie/s“, is a package of information in the form of a small text file that is sent by the web server to your Internet browser and then returned by the browser each time it accesses the same server/website. Cookies are useful because they allow the website to recognise the visitor on return visits and to save their preferences for the site.

‘Session’ cookies (Session Cookies)

When a cookie has no expiry date or validity period, it is a session/temporary cookie. The browser recognises a cookie as a session cookie if it lacks the Expires and Max-Age attributes. Once the visitor closes their browser, the session cookie is deleted. The site may remove session cookies from the browser, for example when the user logs out of their account on the site or remains inactive for a certain period of time.

‘Persistent / Tracking’ cookies (Persistent/Tracking Cookies)

When a cookie has an expiry date and/or validity period, it can be described as ‘persistent’. This means that the cookie is not deleted when the browser is closed.

Persistent cookies can also help websites remember and distinguish their visitors. Most often for personalisation, collecting access statistics, improving the usability of the site and the user experience. As well as for other purposes that do not require identifying users specifically through their personal or authentication information (username, password).

For example, Google’s Analytics service uses such cookies to distinguish new visitors (unique visitor) from returning visitors (returning visitor) to a site.

Third-party cookies (Third Party Cookies)

A variety of cookies are those from a ‘third party’. The more aggressive third-party cookies are those of advertising companies, which use them to collect information and track visitors’ behaviour and activities in order to show relevant advertisements and offers.

When resources from external sites are downloaded and loaded on a web page, while the browser loads that page, it also makes separate requests to those external sites in the background.

We use cookies („cookies“) to recognise your return visits and preferences on the site and to improve your experience and our site. We use both session cookies and cookies that remain on your device for a certain period after the session ends. Some of them are necessary for the basic functionality of the website, while others allow us to provide you with a better, personalised use of the website.