Terms and Conditions

I. SUBJECT

Article 1. These general terms and conditions are intended to regulate the relationship between JESSI – 11 EOOD, UIC 204072159, with its registered office and address of management: Yambol, Zlaten Rog Residential Area, Block 32, Entrance B, Floor 2, hereinafter referred to as the SUPPLIER, and the clients, hereinafter referred to as USERS, of the e-commerce platform tonylans.com, hereinafter referred to as "TONYLANS.COM."

II. SUPPLIER INFORMATION

Article 2. Information in accordance with the Electronic Commerce Act and the Consumer Protection Act:

Name of the Supplier: JESSI – 11 EOOD
Registered office and address of management: Yambol, Zlaten Rog Residential Area, Block 32, Entrance B, Floor 2
Address for conducting activities and for submitting complaints by consumers: Yambol, Zlaten Rog Residential Area, Block 32, Entrance B, Floor 2
Contact details: Yambol, Zlaten Rog Residential Area, Block 32, Entrance B, Floor 2, beliotonylans@gmail.com, Phone: +359 89 355 4844
Registration in public registers: UIC 204072159

Supervisory authorities:

Commission for Personal Data Protection
- Address: Sofia, Prof. Tsvetan Lazarov Street No. 2
- Phone: (02) 940 20 46
- Fax: (02) 940 36 40
- Email: kzld@government.bg, kzld@cpdp.bg
- Website: www.cpdp.bg
Consumer Protection Commission
- Address: 1000 Sofia, Slaveykov Square No. 4A, Floors 3, 4, and 6
- Phone: 02 / 980 25 24
- Fax: 02 / 988 42 18
- Hotline: 0700 111 22
- Website: www.kzp.bg
VAT Registration: BG831829551

III. PLATFORM CHARACTERISTICS

Article 3. TONYLANS.COM is an e-commerce platform accessible at the Internet address http://www.tonylans.com, through which Users can enter into purchase and delivery contracts for goods offered by the Supplier on the platform, including the following:

Register and create a profile to browse the Supplier's online store and use additional services for information provision;
View goods, their characteristics, prices, and delivery terms;
Enter into purchase and delivery contracts with the Supplier for goods offered on the TONYLANS.COM platform;
Make payments related to the concluded contracts through electronic payment methods on the TONYLANS.COM platform;
Receive information about new goods offered by the Supplier on the TONYLANS.COM platform;
Make electronic statements related to the conclusion or execution of contracts with the Supplier on the TONYLANS.COM platform through the interface of the TONYLANS.COM website;
Be informed about their rights under the law, primarily through the interface of the TONYLANS.COM platform;
Exercise their right of withdrawal, where applicable, under the Consumer Protection Act.

Article 4. The Supplier on the TONYLANS.COM platform organizes the delivery of goods and guarantees the rights of Users as provided by law, within the framework of good faith, established practices, and consumer or commercial law criteria and conditions.

Article 5.

Users enter into a purchase contract with the Supplier on the TONYLANS.COM platform at the address http://www.tonylans.com. The contract is concluded in Bulgarian and is stored in the Supplier's database on the platform.
Under the purchase contract concluded with the Users, the Supplier on the TONYLANS.COM platform is obliged to organize the delivery and transfer of ownership of the goods specified by the User through the platform's interface. Users have the right to correct errors in the information they provide no later than the submission of the statement for concluding the contract with the Supplier on the TONYLANS.COM platform.
Users pay the Supplier on the TONYLANS.COM platform a fee for the delivered goods under the terms specified on the TONYLANS.COM platform and these general terms and conditions. The fee is equal to the price announced on the TONYLANS.COM platform.

Article 6.

The User and the Supplier on the TONYLANS.COM platform agree that all statements between them regarding the conclusion and execution of the purchase contract may be made electronically and through electronic statements under the Electronic Document and Electronic Signature Act and Article 11 of the Electronic Commerce Act.
It is assumed that electronic statements made by Users on the site are made by the persons specified in the data provided by the User during registration, provided the User has entered the corresponding username and password for access.

REGISTRATION FOR USING TONYLANS.COM

Article 7.

To use TONYLANS.COM for entering into purchase contracts for goods, the User must enter a username and password for remote access or authenticate through their Facebook or Google profile, which is considered acceptance of these general terms and conditions.
The username and password for remote access are determined by the User through online registration on the Supplier's website on the TONYLANS.COM platform, following the procedure specified therein. Users can also place orders for goods using their social media profiles on Facebook and Google.
By filling in their details in the shopping cart and clicking the "Order" button, the User declares that they are familiar with these general terms and conditions, agree with their content, and undertake to comply with them unconditionally.
The Supplier confirms the User's order via email. An account is created for the User, and contractual relations arise between the User and the Supplier.
When registering or placing an order, the User is obliged to provide accurate and up-to-date data. The User is obliged to promptly update the data specified in their registration or order in case of changes.

TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT

Article 8.

Users primarily use the interface of the Supplier's page on the TONYLANS.COM platform to enter into purchase contracts for goods offered by the Supplier on the TONYLANS.COM platform.
In cases where goods are ordered without the User registering, the User accepts these general terms and conditions at the moment of finalizing the order.

Article 9. Users conclude the purchase contract for goods on the TONYLANS.COM platform through the following procedure:

Accessing the system for placing orders on the TONYLANS.COM platform;
Selecting one or more of the goods offered by the Supplier on the TONYLANS.COM platform and adding them to a shopping list;
Providing the necessary data to identify the User as a party to the contract;
Providing data for delivery;
Choosing the method and time of payment for the price;
Confirming the order.

Article 10.

The Supplier and the Users conclude separate purchase contracts for the goods ordered by the Users, even if they are selected with a single electronic statement and from a single shopping list.
The Supplier may organize the delivery of the goods ordered under separate purchase contracts together and simultaneously.
The rights of the Users regarding the delivered goods are exercised separately for each purchase contract. Exercising rights regarding a delivered good does not affect and has no impact on the purchase contracts for other goods. If the User qualifies as a consumer under the Consumer Protection Act, exercising the right of withdrawal from the purchase contract for a specific good does not affect the purchase contracts for other goods delivered to the consumer.

Article 11. When exercising rights under the purchase contract, the User is obliged to specify precisely and unambiguously the contract and the goods to which the rights apply.

Article 12. The User may pay the price for the individual purchase contracts at once upon their delivery.

VII. SPECIAL CLAUSES APPLICABLE TO USERS WHO QUALIFY AS CONSUMERS UNDER THE CONSUMER PROTECTION ACT

Article 13. The rules of this Section VII of these general terms and conditions apply only to Users who, according to the data provided for concluding the purchase contract or during registration on TONYLANS.COM, can be considered consumers under the Consumer Protection Act, the Electronic Commerce Act, and/or Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011.

Article 14.

The main characteristics of the goods offered by the Supplier on the TONYLANS.COM platform are defined in the profile of each good on the TONYLANS.COM platform.
The price of the goods, including all taxes and fees, is determined by the Supplier on the TONYLANS.COM platform in the profile of each good on the TONYLANS.COM platform.
The cost of postal or transport expenses, not included in the price of the goods, is determined by the Supplier on the TONYLANS.COM platform and is provided as information to the Users when selecting the goods for concluding the purchase contract.
The methods of payment, delivery, and execution of the contract are defined in these general terms and conditions and the information provided to the User through the mechanisms of the TONYLANS.COM platform.
The information provided to the Users under this article is current at the time of its visualization on the TONYLANS.COM platform before the conclusion of the purchase contract.
Users agree that all information required by the Consumer Protection Act may be provided through the interface of the TONYLANS.COM platform or via email.

Article 15.

The consumer agrees that the Suppliers on the TONYLANS.COM platform have the right to accept advance payment for the purchase contracts concluded with the consumer for goods and their delivery.
The consumer independently chooses whether to pay the Supplier on the TONYLANS.COM platform the price for the delivery of the goods before or at the time of their delivery.
If the value of the consumer's order is equal to or exceeds 15,000 BGN, payment is made only by transfer or deposit to the Supplier's payment account.

Article 16.

The consumer has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by the Supplier, using the standard withdrawal form available on the Supplier's website on the TONYLANS.COM platform at https://tonylans.com/page/terms-and-conditions and in Appendix No. 1 to these general terms and conditions. Information on exercising the right of withdrawal is available at https://tonylans.com/page/terms-and-conditions and in Appendix No. 2 to these general terms and conditions.
The right of withdrawal under paragraph 1 does not apply in the following cases:
- For the delivery of goods made to the consumer's order or according to their individual requirements;
- For the delivery of goods that, by their nature, may deteriorate in quality or have a short shelf life;
- For the delivery of sealed goods that have been unsealed after delivery and cannot be returned due to hygiene or health protection reasons;
- For the delivery of goods that, after being delivered and by their nature, have been mixed with other goods and cannot be separated.
If the Supplier on the TONYLANS.COM platform has not fulfilled its obligations to provide information as required by the Consumer Protection Act, the consumer has the right to withdraw from the concluded contract within one year and 14 days from the date of receipt of the goods. If the information is provided to the consumer within the withdrawal period, the period begins to run from the date of its provision. The consumer has the right to submit the withdrawal statement under this article directly to the Supplier using the standard withdrawal form available on the Supplier's website on the TONYLANS.COM platform at Appendix No. 1 to these general terms and conditions.
When the consumer has exercised their right of withdrawal from the distance contract or the off-premises contract, the Supplier refunds all amounts received from the consumer without undue delay and no later than 14 days from the date on which the Supplier was informed of the consumer's decision to withdraw from the contract and, if the goods subject to the contract have already been returned. The Supplier refunds the amounts received using the same payment method used by the consumer for the initial transaction.
When exercising the right of withdrawal, the costs of returning the delivered goods are borne by the consumer under Article 55, paragraph 2 of the Consumer Protection Act. The Supplier is not obliged to refund additional delivery costs if the consumer has explicitly chosen a delivery method other than the cheapest standard delivery method offered by the Supplier.
The consumer is obliged to store the goods received from the Supplier on the platform and ensure their quality and safety during the period under paragraph 1.
The consumer may exercise their right of withdrawal from the contract with the Supplier by submitting a written statement to the Supplier using the standard withdrawal form available at https://tonylans.com/page/terms-and-conditions on the TONYLANS.COM platform and in Appendix No. 1 to these general terms and conditions.
If the Supplier on the TONYLANS.COM platform has not offered to collect the goods themselves, they may withhold the consumer's payment until they receive the goods or until the consumer provides proof that they have sent the goods back, whichever occurs first.
Regardless of the above cases, the consumer is obliged to return the goods in a commercial condition that allows their subsequent sale as new. Unpacking the goods must not have led to an obvious violation of their commercial appearance. If the commercial appearance of the goods is violated, the Supplier has the right, at its discretion, to refuse to accept the withdrawal from the contract or to charge the consumer costs for restoring the goods to a commercial condition.
In the event of exercising the right of withdrawal under this article, it is considered that the consumer has also exercised the right of withdrawal concerning the bonus content belonging to the goods.

Article 17.

The delivery period for the goods is specified for each item individually when concluding the contract with the consumer through the Supplier's website on the TONYLANS.COM platform. The delivery days indicated on the TONYLANS.COM platform are approximate, and the Supplier does not guarantee them but ensures that every effort will be made to deliver the goods within the specified days.
If the User and the Supplier on the TONYLANS.COM platform have not specified a delivery period, the delivery period for the goods is 30 calendar days, starting from the day following the submission of the User's order to the Supplier through the Supplier's website on the TONYLANS.COM platform.
If the Supplier on the TONYLANS.COM platform cannot fulfill the contract because the ordered goods are unavailable, they are obliged to notify the User and refund the amounts paid by them.
The Supplier may refuse to process an order if there are reasonable doubts that the order is not authentic, including that it does not originate from the User described in the order, or if the product ordered is temporarily unavailable due to stock depletion or other technical reasons. In such cases, the Supplier notifies the User via email or phone and refunds the amounts paid by them. The Supplier may also refuse to process an order if the number or volume of the ordered items exceeds the usual consumption by a consumer under the Consumer Protection Act and there is reason to believe that the order is made for resale and does not fall within the scope of consumer purchase.
In cases of inaccurate data provided by the User, such as the delivery address or phone number, or the absence of the User at the delivery address, as well as the inability to deliver the goods due to reasons beyond the Supplier's control, the goods are returned and remain in the Supplier's warehouses. In such cases, the goods are not reserved for the User unless they have been prepaid. For prepaid goods, they are stored for 15 days from their return, and if the User does not claim them within this period, the Supplier will refund the payment received, excluding the amount spent on delivery and storage. If inaccurate or incorrect data provided by the User results in the goods being sent to the wrong address, the courier service costs for redirecting the shipment are borne by the User.
If the goods are not delivered to the User within the specified delivery period, the User is not entitled to compensation. Reasons that may delay delivery beyond the days specified on the TONYLANS.COM platform include: high order volumes during the period exceeding the Supplier's average capacity, courier company delays (e.g., untimely organization, excessive workload, unforeseen technical or informational issues, or adverse weather conditions), unforeseen technical issues in the Supplier's systems, delays from the Supplier's suppliers, or other force majeure circumstances that hinder the Supplier's normal operations.
In all cases, the Supplier guarantees and commits to delivering the goods to the User with no more than a 15-business-day delay beyond the approximate delivery days specified on the TONYLANS.COM platform.

Article 18. The Supplier on the TONYLANS.COM platform is obliged to comply with all requirements established in Bulgarian legislation regarding the labeling, advertising, and sale of food supplements.

VIII. CONTRACT EXECUTION

Article 19. The Supplier informs the User of the transportation and courier costs immediately before completing the order. The delivery price may vary depending on the product, delivery method, and address chosen by the User. If the User redirects an already placed order or requires a second visit to the specified address, the User pays the delivery price according to the courier's tariff.

Article 20.

The User must inspect the goods at the time of delivery and handover, and if they do not meet the requirements, notify the Supplier on the TONYLANS.COM platform immediately.
If the User does not notify the Supplier on the TONYLANS.COM platform under paragraph 1, the goods are considered approved as meeting the requirements, except for hidden defects.

Article 21. The Supplier on the TONYLANS.COM platform is not obliged to provide the necessary service for the goods.

Article 22. For cases not covered in this section, the rules of commercial sales under the Commercial Act and the Consumer Protection Act apply.

IX. PERSONAL DATA PROTECTION

Article 23.

The Supplier on the TONYLANS.COM platform takes measures to protect the User's personal data in accordance with the Personal Data Protection Act.
For security reasons regarding the Users' personal data, the Supplier on the TONYLANS.COM platform will send the data only to the email address provided by the Users during registration.
The Supplier on the TONYLANS.COM platform has the right to store data on the User's end communication device unless the User explicitly objects to this.
The User agrees that the Supplier on the TONYLANS.COM platform has the right to send electronic messages to the User at any time, including newsletters or offers for purchasing goods, as long as the User is registered in the Supplier's online store on the TONYLANS.COM platform.
The User agrees that the Supplier on the TONYLANS.COM platform has the right to collect, store, and process data about the User's behavior when using the Supplier's online store on the TONYLANS.COM platform.

Article 24.

At any time, the Supplier on the TONYLANS.COM platform has the right to require the User to verify their identity and confirm the accuracy of any circumstances and personal data declared during registration.
If the User has forgotten or lost their username and password, the Supplier on the TONYLANS.COM platform has the right to apply the "Procedure for Lost or Forgotten Usernames and Passwords," available at https://tonylans.com/auth/forgotten.
For further details on personal data protection and processing, a detailed description is available in the Privacy Policy of the TONYLANS.COM website, located at https://tonylans.com/page/privacy-policy.

X. AMENDMENTS AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Article 25.

These general terms and conditions may be amended by the Supplier on the TONYLANS.COM platform, and the Supplier will notify all registered Users in an appropriate manner.
The Supplier and the User agree that any amendments to these general terms and conditions will take effect for the User in one of the following cases:
- (A) After explicit notification by the Supplier on the TONYLANS.COM platform, and if the User does not declare within 14 days that they reject the amendments; or
- (B) After their publication on the Supplier's website on the TONYLANS.COM platform, and if the User does not declare within 14 days of publication that they reject the amendments; or
- (C) With the User's explicit acceptance through their profile on the Supplier's website on the TONYLANS.COM platform.
The User agrees that all statements by the Supplier on the TONYLANS.COM platform regarding amendments to these general terms and conditions will be sent to the email address provided by the User during registration. The User agrees that electronic messages sent under this article do not need to be signed with an electronic signature to be effective.

Article 26. The Supplier publishes these general terms and conditions at https://tonylans.com/page/terms-and-conditions, along with all amendments and supplements.

XI. TERMINATION

Article 27. These general terms and conditions and the User's contract with the Supplier on the TONYLANS.COM platform are terminated in the following cases:

Upon termination and liquidation or bankruptcy of one of the parties to the contract;
By mutual agreement of the parties in writing;
In case of objective impossibility for any of the parties to fulfill their obligations;
Upon seizure or sealing of equipment by state authorities;
In case of deletion of the User's registration on the TONYLANS.COM platform. In this case, concluded but unfulfilled purchase contracts remain in force and are subject to execution.

Article 28. The Supplier has the right, at its discretion, without prior notice and without owing compensation, to unilaterally terminate the contract if it finds that the User is using the TONYLANS.COM platform in violation of these general terms and conditions, Bulgarian legislation, generally accepted moral norms, or generally accepted rules and practices in e-commerce.

XII. LIABILITY

Article 29. The User is obliged to indemnify and hold harmless the Suppliers on the TONYLANS.COM platform and the Supplier in the event of legal claims or other claims by third parties (whether justified or not) for all damages and expenses (including attorney fees and court costs) arising from or in connection with:

Non-fulfillment of any of the obligations under this contract;
Violation of copyright, production, broadcasting, or other intellectual or industrial property rights;
Unauthorized transfer to third parties of the rights granted to the User for the duration and under the terms of the contract;
False declaration of the presence or absence of the status of a consumer under the Consumer Protection Act.

Article 30. The Supplier is not liable in cases of force majeure, accidental events, problems with the Internet, technical or other objective reasons, including orders from competent state authorities.

Article 31.

The Supplier is not liable for damages caused by the User to third parties.
The Supplier is not liable for property or non-property damages, including lost profits or suffered damages, caused to the User during the use or non-use of TONYLANS.COM and the conclusion of purchase contracts with the Supplier.
The Supplier is not liable for the time during which the platform was unavailable due to force majeure.
The Supplier is not liable for damages resulting from comments, opinions, and publications under products, news, and articles on the TONYLANS.COM platform.

Article 32.

The Supplier is not liable in cases where the security measures of the technical equipment are overcome, resulting in loss of information, dissemination of information, access to information, restriction of access to information, and other similar consequences.
The Supplier is not liable in cases of concluding a purchase contract, providing access to information, loss, or alteration of data resulting from false authentication by a third party impersonating the User, if the circumstances suggest that this person is the User.

XIII. OTHER CONDITIONS

Article 33.

The User and the Supplier on the TONYLANS.COM platform are obliged to mutually protect their rights and legitimate interests, as well as to preserve their trade secrets, which have become known to them during the execution of the contract and these general terms and conditions.
The User and the Supplier are obliged, during and after the expiration of the contract period, not to make public any written or oral correspondence conducted between them. Public disclosure may include publishing correspondence in print and electronic media, Internet forums, personal or public websites, etc.

Article 34. In case of conflict between these general terms and conditions and provisions in a special contract between the Supplier on the TONYLANS.COM platform and the User, the clauses of the special contract take precedence.

Article 35. The invalidity of any provision of these general terms and conditions does not invalidate the entire contract.

Article 36. For issues not settled in this contract, related to its execution and interpretation, the laws of the Republic of Bulgaria apply.

Article 37. These general terms and conditions come into force for all Users on January 1, 2016.

APPENDIX NO. 1 - STANDARD FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

Standard form for exercising the right of withdrawal from the contract:

(Complete and send this form only if you wish to withdraw from the contract)

To "JESSI – 11" EOOD, UIC 204072159, with its registered office and address of management: Yambol, Zlaten Rog Residential Area, Block 32, Entrance B, Floor 2:
I hereby notify you that I withdraw from the contract concluded by me/us* for the purchase of the following goods*/for the provision of the following service*:
Ordered on*/received on*:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is on paper):
Date:

(*Strike out what is not applicable.)

APPENDIX NO. 2 - INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

Standard instructions for withdrawal:

Right of withdrawal from the distance or off-premises contract:
You have the right to withdraw from this contract without giving any reason within 14 days.

The withdrawal period is 14 days from the date on which you or a third party, other than the carrier and indicated by you, take possession of the goods.

To exercise your right of withdrawal, you must notify us at the contact details provided on TONYLANS.COM of your decision to withdraw from the contract with a clear statement (e.g., a letter sent by post, fax, or email).

You may use the attached standard withdrawal form, but it is not mandatory. You may also complete and submit the standard withdrawal form or another clear statement of withdrawal electronically on our website TONYLANS.COM. If you use this option, we will promptly send you confirmation of receipt of the withdrawal on a durable medium (e.g., by email).

To meet the withdrawal deadline, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal:
If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You will bear the direct cost of returning the goods. The cost is expected not to exceed approximately the amount for delivery or the standard courier service.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

For additional consumer information, please visit www.tonylans.com.