Free delivery over 200 BGN in Bulgaria only
General Terms and Conditions
for www.hva.bg
This document contains the general terms and conditions of the agreement for the use of the information services and content available through the website, including the clauses of the distance sales agreement, which can be concluded through the services of the online store at www.hva.bg, hereinafter referred to as the "Agreement" for brevity.
I. Definitions
Article 1. \
(1) For the application and interpretation of these general terms and conditions, the terms and expressions used shall have the following meanings:
"Third-party information storage service provider" is a natural or legal person offering shared hosting services.
"Service Provider" is a company with the email address: [email protected].
"Online store of the Service Provider" ("Online Store") is a collection of web pages accessible through the website, through which a service is offered for concluding a distance purchase agreement between the Service Provider and a specific User for specifically selected goods.
"Information system" means any specific device or combination of connected similar devices, at least one of which is designed to store, send, or receive electronic documents.
"Shopping cart" is a separate graphic element of the website displaying data about the goods selected by the User that will be subject to an Order.
"Mobile device" is a portable device that performs the functions of a computer, such as smartphones, tablets, and laptops.
"Unlawful actions" are actions and/or omissions that cause harm to persons using electronic communications networks and services, including sending unsolicited commercial communications in violation of applicable law (spam), flooding channels, gaining access to resources by using other people's rights or passwords obtained illegally, exploiting system vulnerabilities for personal or others' gain or to obtain information, disrupting the normal operation of other users of the Internet or other electronic communications networks, committing acts that may be classified as crimes, including, but not limited to, damaging or destroying someone else's property through unauthorized access to computer systems or information arrays, computer fraud, introducing a computer virus into a computer program or system such as a "Trojan horse," remote control systems such as , etc., as well as performing any other actions that may be classified as unlawful damage or an administrative violation.
"Order" means filling in the necessary personal data for registration or using a previous registration by the User; confirmation by the User that they are familiar with the content of these general terms and conditions, that they agree with them and that they undertake to comply with them; selecting a payment method and clicking on the "Order" button, available in the Service Provider's online store, thereby making an electronic statement within the meaning of the Electronic Document and Electronic Signature Act and submitting an offer to the Service Provider to conclude a distance purchase agreement for specific goods selected by the User.
"User" is a natural person who in any way uses the services or content offered through the website www.hva.bg, administered by the Service Provider, for personal purposes, including a person who has entered into a distance purchase agreement by using the services of the Service Provider's online store.
"Fortuitous event" is an insurmountable and unavoidable event of an unusual nature, unforeseeable at the time of conclusion of the agreement, which makes the provision of services objectively impossible.
"Shared hosting services" include, but are not limited to, services for providing free disk space located in the infrastructure of the third-party information storage service provider; offering access to an administrative panel for publications; processing and administration of information stored in the provided disk space; use of e-mail; provision of parameters in connection with the performance of the service under the agreement binding the Service Provider and the Third-Party Information Storage Service Provider; offering technical support services; providing a control panel for managing User subscriptions and registrations, and others.
"Goods" are consumable or non-consumable movable items offered for sale by the Service Provider to the Consumer through the Service Provider's online store.
"Content" means any text, image, sound, video, multimedia or other audio and/or audio-visual content, link or any other material, information or digital content, including opinions and/or statements published on the website www.hva.bg by the Service Provider on a server of the Third Party Information Storage Service Provider, which is not delivered on a physical medium and is accessed via the website www.hva.bg.
"Web page" is a hypertext document containing files, images, audio, video, and/or audio-visual and other content, accessed via a uniform resource locator (URL).
"Website" is a collection of web pages containing text, sound, images, electronic links, computer programs (software), or other materials and resources that are available on the Internet and can be accessed at a uniform resource locator (URL) in an electronic communications network using a hypertext transfer protocol (http/https).
"The website www.hva.bg" is a website developed, published, and administered by the Service Provider and accessible at www.hva.bg, through which the User is offered various goods, services, and content that are subject to these general terms and conditions.
"Link" is a hyperlink designated on a specific web page that allows automated redirection to another web page, information resource or object through standardised protocols.
"Services" are information society services offered through the website www.hva.bg.
(2) Where applicable, words used in the singular shall be understood to include the plural, and vice versa.
II. Subject matter of the agreement
Article 2. \
(1) The service provider offers the User, through the website www.hva.bg, free or paid services that include, but are not limited to, services for searching, processing, and providing information and content available to the User in the form of text, images, audio, video, and/or audiovisual resources, and others; services for concluding a distance sales contract and delivering goods from the catalog of the Service Provider's online store; services for sending a periodic newsletter by email; as well as any other related services.
(2) The service provider offers services to registered and unregistered Users in accordance with Article 4. In cases where access to a specific service offered through the website www.hva.bg requires registration or payment of a fee by the User, this is expressly stated on the relevant web page.
(3) The Service Provider periodically improves the services available through the website www.hva.bg, in accordance with its activities, by changing their number, features, and manner of provision. In this regard, the Service Provider may create or remove certain functionalities of the services, as well as terminate their provision in accordance with the procedure and conditions set out in these general terms and conditions.
(4) All services and any type of content offered to the User through the website www.hva.bg are for informational and educational purposes only. They should not be considered as health services, medical advice or consultations, diagnostic and/or therapeutic activities, or as a substitute for such services.
(5) All goods offered by the Service Provider through the online store are not medicinal products intended for the treatment, prevention, or diagnosis of diseases, nor do they replace them. For questions related to the health of the Consumer or a third party, including disorders in physiological functions, the Consumer should immediately seek the opinion of a personal physician or other qualified medical professional.
III. General provisions
Article 3. \
(1) These terms and conditions apply to the provision of services through the website www.hva.bg and form an integral part of the agreement between the Service Provider and the User. They apply to relations with both registered and unregistered Users, taking into account the specific features of the respective services.
(2) The text of these general terms and conditions is available on the Internet at: www.hva.bg, in a format convenient for all.
(3) The link to the web page referred to in paragraph 2, which contains the text of these general terms and conditions, is visible at the bottom of each web page of the website www.hva.bg. \
(4) These terms and conditions shall be considered binding for the Service Provider from the moment of their publication on the website www.hva.bg. \
(5) The User certifies that they are familiar with these general terms and conditions in their entirety. \
(6) The User certifies that they are of legal age and have legal capacity.
IV. Characteristics of the services
Article 4. \
(1) The services offered through the website www.hva.bg, which do not require prior registration by the User, are provided free of charge and include, but are not limited to, providing information about various types of goods, their main properties, functions, and purpose, their nutritional or chemical composition, how they are used, information about their manufacturer and distributor, the price at which they are offered and delivered by the Service Provider, services for periodically receiving a monthly newsletter containing data on goods at preferential prices, and others.
(2) The services offered through the website www.hva.bg for a fee require the User to enter personal data and are provided after the conclusion of a distance sales contract in accordance with these general terms and conditions. These services include the delivery of various categories of goods offered by the Service Provider's online store, and others.
Article 5. \
(1) The services under Article 4, paragraph 2 of these general terms and conditions consist of the conclusion of a distance purchase agreement and the delivery of the goods selected by the Consumer to the address specified by him, located within the European Union, against payment.
(2) The service for delivery of goods from the Service Provider's online store is offered only after confirmation of a successful Order placed by the User by the Service Provider. Confirmation of the Order is made by means of an electronic message sent to the email address provided by the User. If the payment method selected by the User is by bank transfer, the Service Provider shall confirm the Order after the amount equal to the final price of the service and a valid Order number have been credited to the Service Provider's account.
(3) If the User has placed the Order outside the Service Provider's working hours or on a non-working day, the confirmation process will begin on the first working day following the moment the Order was placed. If the price of the goods changes during this period, the User shall pay the price at which the Order was placed. In all other cases, the Order confirmation process shall commence upon receipt of the Order by the Service Provider.
(4) The Service Provider strives to maintain up-to-date information about the goods offered in the online store. However, it is possible that due to technical errors, the User may place an Order for goods that the Service Provider does not currently have in stock due to depletion of quantities. In such cases, the Service Provider has the right to refuse the Order, expressly notifying the User by telephone as soon as possible.
(5) The service provider shall dispatch the ordered goods within five working days of confirming the Order. The delivery of the ordered goods to the address specified by the Consumer shall be carried out by a shipping company in accordance with its service schedule.
(6) On the day of receipt of the Order, the User shall receive a phone call or a short text message (SMS) from a representative of the shipping company regarding the upcoming delivery. The Service Provider shall not be liable for the actions of the representatives of the shipping company, as they are persons outside the organization and control of the Service Provider.
(7) The price for using the services under Article 4, paragraph 2 shall be determined in accordance with the price of the goods selected by the Consumer, as established by the Service Provider at the time of the Order, and the price for the delivery of the goods, according to the delivery address specified by the Consumer and the applicable pricing rules determined by the shipping company. The final price of the service, including all taxes and fees, shall be indicated in a clear and understandable manner for the Consumer on the website of the Service Provider's online store before the Order is placed.
(8) Payment of the remuneration due shall be deemed to have been made upon receipt of the amount due in the bank account of the Service Provider or upon transfer of the amount due to the representative of the forwarding company, depending on the chosen method of payment.
(9) The service provider has the right to unilaterally change the price of the goods and the final remuneration due for the use of the services under Article 4, paragraph 2. Regardless of these changes, the User shall always owe the amount of remuneration specified on the website of the respective service at the time of its request.
Article 6. \
The services under Article 4, paragraph 2 of these general terms and conditions are offered upon conclusion of the distance purchase agreement in accordance with Article 8 et seq. of the general terms and conditions.
V. Conclusion of the agreement
Article 7. \
(1) The general terms and conditions are binding on the parties from the moment the User has read and accepted them, unless otherwise specified therein. \
(2) The User certifies that they are familiar with the content of these general terms and conditions, agree with them, and undertake to comply with them each time they use the services and content available through the website www.hva.bg. \
(3) Use within the meaning of the preceding paragraph includes, but is not limited to, any opening, viewing, and reproduction of a web page from the website www.hva.bg, clicking or tapping on a link visible on the home (title) page or on any other web page of the website www.hva.bg, placing an Order in the Service Provider's online store. \
(4) If the User does not agree with any of the provisions contained in these general terms and conditions, they should not use the website www.hva.bg or any of the services available through it. If the User has already used or is using them, he/she should immediately cease using them and leave the website www.hva.bg.
Article 8. \
(1) In order to use the services under Article 4, paragraph 2 of these general terms and conditions, the User shall conclude a distance purchase agreement under these general terms and conditions.
(2) The User adds the desired goods to the online store's shopping cart, then finalizes the shopping cart containing the selected goods by clicking on the "Order" button. After confirming their desire to order the specific goods, the User is given the opportunity to review, check, and change the contents of the cart, and then place their Order.
(3) To place their Order, the User should: \
a) register by entering a valid email address and password that meets the necessary complexity requirements, or use a previous registration; \
b) fill in at least the following personal data: first name, last name, full delivery address, email address, contact telephone number; \
c) choose a delivery method and payment method; \
d) confirm that they are familiar with the content of these general terms and conditions, that they agree with them and that they undertake to comply with them by ticking the box "I agree with the Terms of Use", thereby making an electronic declaration within the meaning of the Electronic Document and Electronic Signature Act; \
e) press the "Order" button.
(4) Before the final submission of the Order, the Consumer shall be provided with full information about the main characteristics of the goods and the terms of service in accordance with Art. 47 and Art. 49, paras. 2, 4, and 8 of the Consumer Protection Act, in close proximity to the "Order" button. If access to the website www.hva.bg is accessed from a portable device, the Consumer shall be provided with at least the information under Article 49, paragraph 5 of the Consumer Protection Act, and access to the full information about the service and the text of these general terms and conditions shall be provided through a link. \
(5) If the selected payment method is by bank transfer, after clicking on the "Order" button under paragraph 3, letter e), the User is redirected to a web page containing the following information necessary to make the bank transfer: the full value of the service in Bulgarian levs to be paid; details of the bank account to which the amount should be transferred; its holder; details of the bank that administers the bank account; the Order number, which must be specified by the User as the reason for the transfer; and a contact telephone number for the Service Provider. The User shall also receive an email containing the same information, confirming the successful receipt of the Order by the Service Provider.
(6) If the selected payment method is cash on delivery, the User shall receive an electronic message confirming the successful receipt of the Order by the Service Provider immediately after pressing the "Payment" button under paragraph 3, letter e).
(7) The information about the goods offered in the Service Provider's online store shall not be considered a binding offer by the Service Provider. By clicking on the "Pay" button, the User makes a binding offer to purchase the selected goods from the Service Provider.
(8) When the payment method selected by the User is cash on delivery, upon receipt of the electronic message confirming the Order in accordance with Article 5 of these General Terms and Conditions at the email address specified by the User, the User's offer shall be deemed accepted and the distance sales agreement shall be deemed concluded.
(9) When the payment method chosen by the User is by bank transfer, the distance sales agreement cannot be concluded before the payment of the due remuneration by bank transfer, in which the Order number is specified as the reason for the transfer. Only after the amount due by the User has been credited to the Service Provider's account shall the Service Provider be entitled to send an electronic message confirming the Order in accordance with Article 5 of these General Terms and Conditions. Upon receipt of the electronic message confirming the Order at the email address specified by the User, the User's offer shall be deemed accepted and the distance purchase agreement shall be deemed concluded.
Article 9. \
Upon conclusion of the distance sales agreement pursuant to Article 6 of these general terms and conditions, the Service Provider shall send the text of these general terms and conditions as an attachment in a standard file format, such as PDF, to the electronic message under Article 8, paragraph 9 of the general terms and conditions, as well as instructions on the conditions, term, and manner of exercising the Consumer's right of withdrawal under Article 50 of the Consumer Protection Act.
Article 10. \
The agreement shall be concluded in Bulgarian.
VI. Terms and conditions of use
Article 11. \
(1) The services under Article 4, paragraph 1 of the general terms and conditions are offered freely and do not require registration. \
(2) The services under Article 4, paragraph 2 of the general terms and conditions are offered after registration or placing an Order and payment of the due remuneration.
Article 12. \
The services offered through the website www.hva.bg require an Internet connection on the User's terminal device from which the services are requested and used.
Article 13. \
(1) In order to provide the services under Article 4, paragraph 2, the Service Provider shall create a user profile (account) for each User who registers in accordance with Article 8.
(2) The user profile shall contain at least the following information:
1. History of the services requested under Article 4, paragraph 2;
2. Available points from the "Loyal Users" program;
3. Favorite items selected by the User.
VII. Rights and obligations of the parties
Article 14. \
(1) The User has the right to access the services offered through the website www.hva.bg, subject to the terms and conditions set by the Service Provider and these general terms and conditions. \
(2) The User has the right to use the services available through the website www.hva.bg only for personal purposes, outside the scope of any commercial or professional activity.
Article 15. \
(1) The consumer has the right to withdraw from the distance agreement within 14 days from the date of delivery of the goods.
(2) This right is exercised by completing and submitting a standard form available on the website. The standard form shall be sent electronically, and the goods received by the Consumer shall be returned by courier in their original packaging, unused and without any signs of damage to their commercial appearance, including, but not limited to: torn packaging, removed labels, missing parts, etc. The goods must be accompanied by all accompanying documents such as a receipt, invoice, instructions for use, etc.
(3) The service provider reserves the right not to refund any amounts for any goods received that do not meet the requirements of the preceding paragraph.
(4) All costs for returning the goods when exercising the right of withdrawal shall be borne by the Consumer.
(5) The service provider shall send a confirmation of successful receipt of the goods in a standard file format, such as PDF, to the email address specified by the Consumer immediately after receiving and checking the returned goods.
Article 16. \
(1) The consumer has the right to replace delivered goods when the goods are different from those actually ordered. \
(2) To exercise this right, the User must complete and submit the standard form available on the website, which must be sent electronically and contain an unambiguous indication of the goods actually ordered by the User and their quantity, order number, etc. The goods received should be sent by courier in their original packaging, unused and without any signs of damage to their commercial appearance, including, but not limited to: torn packaging, removed labels, missing parts, etc. The goods should be accompanied by all accompanying documents such as a receipt, invoice, instructions for use, etc.
(3) The service provider reserves the right to refuse to replace any goods that do not meet the requirements of the previous paragraph.
(4) The service provider shall send to the email address specified by the consumer a confirmation of receipt of the goods and confirmation of the right of replacement in a standard file format, such as PDF, immediately after receiving and checking the returned goods.
(5) All transport costs incurred in exercising the Consumer's right under this paragraph shall be borne by the Service Provider.
Article 17. \
(1) The Consumer shall have the right to complain about the goods due to significant non-compliance with the characteristics described in the Service Provider's online store at the time of the Order. \
(2) Exercising the right of complaint under paragraph 1 requires the Consumer to submit a complaint to the Service Provider by completing and submitting the standard form available on the website. The form should be sent together with the goods received, the receipt, the invoice, the instructions for use, etc.
(3) The standard form contains an unambiguous statement by the Consumer regarding their preferred method of resolving the complaint: replacement of the goods with other goods from the Service Provider's online store or a refund of the amount paid. In addition to the statement in the previous sentence, the Consumer's complaint request should contain at least: \
a) a description of the non-conformity of the goods; \
b) proof that the remuneration due for the goods has been paid before the grounds for complaint arose; \
c) the amount claimed; \
d) contact address; \
e) other facts and circumstances that the Consumer considers relevant. \
(4) Upon receipt of the standard form, the Service Provider shall review the complaint request. If, based on the information provided in paragraph 2, the complaint is deemed justified, the Service Provider shall provide the Consumer with compensation in the form of replacement of the goods with others chosen by the Consumer or a refund of the amount paid by the Consumer. \
(5) If the goods selected under the preceding paragraph are offered in the Service Provider's online store at a higher price than the replaced goods, the difference shall be paid by the Consumer by bank transfer.
(6) If the goods selected under paragraph 3 are of a lower value, the difference shall be refunded to the Consumer by bank transfer.
(7) The Consumer may exercise their right under paragraph 1 within 14 days of discovering the non-conformity, counting from the date of delivery of the goods.
Article 18. \
(1) The user shall not be entitled to use the digital or other content provided through the website www.hva.bg outside the scope and for the purposes specified in these general terms and conditions.
Article 19. \
(1) The User undertakes to comply with these general terms and conditions and not to perform Unlawful Actions. \
(2) The performance of Unlawful Actions by the User shall be considered by the Service Provider as a violation of these general terms and conditions. \
(3) The user undertakes not to use technologies or means other than those offered by the website www.hva.bg and implemented through its normal functionality to access digital or any other content available through the website www.hva.bg. \
(4) The User undertakes not to represent himself as another person or as a representative of another natural or legal person or group of persons whom he is not authorized to represent, or in any way to mislead the Service Provider or third parties as to his identity or affiliation with a particular professional or other group.
Article 20. \
(1) The User undertakes to pay the remuneration due for the use of the services under Article 4, paragraph 2, in the manner specified by the Service Provider.
(2) The User shall be entitled to receive an invoice issued by the Service Provider for the fees paid by him/her for the use of the services under Article 4, paragraph 2 of the General Terms and Conditions. If the User wishes to receive an invoice, he/she shall notify the Service Provider and provide him/her with additional data in accordance with the mandatory requirements for invoices under the Accounting Act and the Value Added Tax Act.
Article 21. \
(1) The service provider shall offer the services in accordance with the provisions of these general terms and conditions and shall take due care to ensure that the goods reach the address specified by the consumer.
(2) The service provider shall be entitled to all remuneration due from the consumer for the use of the services under Article 4, paragraph 2 of the general terms and conditions.
Article 22.
(1) The service provider has the right to send the user of the services under Article 4, paragraph 2 commercial communications relating to the goods offered through the online store at www.hva.bg, with the prior consent of the user.
(2) If the User does not wish to receive messages under paragraph 1, they should indicate their desire not to receive commercial messages from the Service Provider by clicking on the link for automatic unsubscription indicated in the content of the relevant electronic message.
Article 23. \
(1) The Service Provider shall have the right, after sending a warning to the User to the email address specified by him/her within a reasonable period of time, to suspend, restrict or modify the services under Article 4 offered to the User, as well as to notify the competent state authorities if, in the opinion of the Service Provider, the User's behavior constitutes Unlawful Actions and violates these general terms and conditions.
(2) The service provider has the right to change the content of the services in order to continuously improve and update them. Information about upcoming changes shall be published in the form of a notice on the website www.hva.bg within a reasonable period of time.
Article 24. \
(1) The Service Provider shall have the right to place on each of the web pages of the website www.hva.bg electronic links, advertising banners, and other forms of advertising for goods and services offered by the Service Provider or third parties, as well as electronic links and advertising banners pointing to websites outside the control of the Service Provider.
(2) The service provider shall exercise due diligence to determine whether the content published on websites under paragraph 1 is illegal or infringes the rights of third parties. If the Service Provider receives notification that content published on a website outside the control of the Service Provider infringes the rights of third parties, the Service Provider shall immediately remove the link, advertising banner, or advertising form to that website.
(3) The service provider shall not be liable for the content, accuracy, and legality of the websites referred to in paragraph 1 or the content distributed through them, as well as for services or content that have become known to the User when using the services offered through the website www.hva.bg.
Article 25. \
(1) The service provider has the right to temporarily block or terminate the provision of services to a User who violates their obligations related to the use of the services. Access to the services may be restored upon removal of the violation and its consequences.
(2) The service provider shall notify the User of any blocking or termination of services under Article 4, paragraph 2, on the grounds specified in paragraph 1, by sending an electronic message to the User's email address.
(3) In the event of multiple and repeated violations of the general terms and conditions by the User, the Service Provider shall have the right to delete the user profile after sending an electronic message to the User's email address.
Article 26. \
(1) The Service Provider undertakes to provide the Consumer with the necessary information about the goods offered in the Service Provider's online store and about the services under Article 4, paragraph 2 of these general terms and conditions, including, but not limited to, the terms of payment, delivery, the term of performance of the service, the methods provided by the Service Provider for considering complaints from the Consumer, etc.
(2) The service provider undertakes to offer the services in a manner that does not require additional costs from the consumer, including, but not limited to, postal charges, customs duties, and taxes.
VIII. Intellectual Property Rights
Article 27. \
(1) The intellectual property rights to the content located on the website www.hva.bg are protected by the Copyright and Related Rights Act, the Trademarks and Geographical Indications Act, and other applicable laws and belong to the Service Provider or to the respective third parties who have assigned the right to use the respective protected objects to the Service Provider.
Article 28. \
(1) The use of the services and the content included therein, which contains objects protected by intellectual property rights, in violation of these general terms and conditions, in addition to violating the agreement between the Service Provider and the User, may also constitute a violation of the intellectual property rights of third parties.
(2) For any violation under paragraph 1, the User may be held civilly, administratively, or criminally liable, in which case the User shall be obligated to compensate the Service Provider or third parties for the damages caused.
IX. Liability and compensation
Article 29. \
(1) The Service Provider shall ensure that all goods comply with the statutory safety requirements before they are offered in the Service Provider's online store.
(2) The service provider shall not be liable for the use of goods outside the normal and reasonably foreseeable conditions of use.
(3) The service provider shall not be liable for failure to comply with the instructions for use provided by the manufacturer of a given product, including, but not limited to, exceeding the specified daily intake, completely replacing a varied diet with the intake of the ordered product, etc.
Article 30. \
(1) In order to ensure the safety of the goods offered, the Service Provider shall take preventive measures by periodically informing itself of the risks that each product may pose to the health and safety of Consumers and by systematically recording and analyzing cases of exercised rights of complaint.
(2) For each product, the Service Provider shall provide the Consumer with information on the risks associated with its use, as well as the necessary documents for tracing the origin of the product.
Article 31. \
(1) The service provider shall exercise due care to ensure that the content of the website www.hva.bg is always accurate and up-to-date, but does not guarantee the accuracy and completeness of the content and does not commit to specific deadlines for updating the information, unless otherwise stated on the website www.hva.bg (to the extent applicable). \
(2) The service provider shall exercise due care to ensure continuous access to the services under Article 4, paragraph 1, their normal use, as well as the delivery of the goods ordered by the Consumer, but shall not be obliged to and shall not guarantee that these goods and services will meet the Consumer's requirements.
(3) The service provider shall not be liable for any damage suffered by the Consumer as a result of the Consumer providing incorrect information when ordering the services under Article 4, paragraph 2.
Article 32. \
When exercising the right of withdrawal under Article 15, the right of replacement under Article 16, and the right of complaint under Article 17 of these general terms and conditions, the risk of loss or damage during the transport of the goods shall be borne by the Consumer when he has chosen a carrier other than the one specified by the Service Provider. In the event of any damage, the Consumer may claim compensation from the carrier, but not from the Service Provider.
Article 33. \
(1) The service provider shall not be liable for the availability and quality, including the efficiency, impact, applicability, accuracy, and others, of the goods and services brought to the attention of the User through the publication on the website www.hva.bg of electronic links, advertising banners, and messages for the sale of goods and the provision of services by third parties.
(2) Insofar as the actions of these third parties are not under the control of the Service Provider, the latter shall not be liable for the unlawful nature of the third party's activity or for the creation, securing, performance, amendment, and termination of contractual and legal obligations in connection with the goods and services offered by the third party, nor shall it be liable for any damages resulting from the non-performance of these obligations.
Article 34. \
The service provider shall not be liable for any damage caused to the User's software, hardware, or equipment, or for any loss of data resulting from content stored or used in any way through the services offered.
Article 35. \
(1) The Service Provider shall not be liable for failure to provide the services in the event of circumstances beyond the control of the Service Provider, including in the event of an accidental event, force majeure, interruption of global or local Internet connectivity caused by damage to the basic physical infrastructure, incorrect software configuration, network overload, denial-of-service attacks, and any other problems in the provision of services beyond the control of the Service Provider, problems due to the User's equipment, as well as in the event of unauthorized access or unauthorized interference by third parties in the functioning of the Service Provider's information systems or the Service Provider's servers for storing third-party information.
Article 36. \
(1) The service provider shall not be liable for any damages, including lost profits, resulting from the termination, suspension, modification, or restriction of the services under Article 4, paragraph 1, as well as from the deletion, modification, loss, unreliability, inaccuracy, or incompleteness of communications, materials, information, or other content used, recorded, or made available through the website www.hva.bg in connection with these services. \
(2) The service provider shall not be liable for any damages incurred, including lost profits by the User or third parties, resulting from the termination of the agreement due to the User's failure to comply with the requirements of these general terms and conditions, failure to comply with the provisions of the applicable legislation, or due to the execution of orders by competent state authorities.
Article 37. \
(1) The service provider shall not be liable for any pecuniary or non-pecuniary damage to the physical or mental health of the Consumer if the latter uses or perceives the goods as an absolute substitute for a balanced and varied diet or as substances with properties for the treatment or prevention of diseases.
(2) The service provider shall not be liable for any pecuniary or non-pecuniary damage to the physical or mental health of the User if the User perceives information or other content available on the website www.hva.bg as a health service, medical consultation, medical and/or health advice, diagnostic and/or therapeutic activity.
Article 38. \
(1) The user is responsible for protecting their username, password, or any other data provided in connection with the use of the services under these general terms and conditions.
(2) The User is obliged to immediately notify the Service Provider of any detected case of unauthorized access to the services through the use of their username and password, as well as in all cases where, according to the User, there is a risk of such use.
(3) The User shall be liable for all actions performed using their username and password by them or by third parties, if the User has not notified the Service Provider in accordance with paragraph 2 within a reasonable period of time.
X. Changes to the general terms and conditions
Article 39. \
(1) Insofar as the services offered by the Service Provider are constantly supplemented and modified for the purpose of their development and improvement, as well as in view of possible legislative changes, these general terms and conditions may be modified by the Service Provider. The text of the amended general terms and conditions shall be published on the website www.hva.bg within a reasonable period of time before they come into force.
(2) In the event of changes to the general terms and conditions, the Service Provider shall notify the User of the services under Article 4, paragraph 2 of the changes made by sending an electronic message to the email address specified by the User within 7 days of the occurrence of the relevant circumstance.
(3) Except in cases where the amendment to the general terms and conditions is the result of an order or instruction from a competent authority, where applicable, the User of the services under Article 4, paragraph 2 may express disagreement with the changes in the general terms and conditions by withdrawing from the agreement without giving a reason and without owing compensation, or may continue to perform it under the general terms and conditions in force prior to the changes.
(4) The user shall exercise his/her right under paragraph 3 by sending an electronic message to the Service Provider, notifying him/her of the exercise of his/her right under paragraph 3. The User shall send the electronic message within one month of receiving the notification under paragraph 2. The electronic message shall be sent from the email address with which the User has requested the service under Article 4, paragraph 2 and to which the notification under paragraph 2 was sent.
(5) The amendments to the general terms and conditions shall be binding on the User under the agreement when the User has been notified of them under the conditions of paragraph 2 and has not exercised their right under paragraphs 3 and 4.
(6) If the User continues to use the services and content available through the website www.hva.bg after the amendments to the general terms and conditions have entered into force, it shall be deemed that the User has agreed to the amendments to the general terms and conditions.
XI. Termination of the Agreement
Article 40. \
Except in the cases provided for in these general terms and conditions, the agreement between the parties shall be terminated upon the occurrence of any of the following circumstances:
1. By mutual agreement between the Service Provider and the User;
2. In other cases provided for by law.
Article 41. \
Each party shall have the right to terminate the agreement in the event of a breach by the other party of an obligation arising from these general terms and conditions, for a reason for which that party is responsible.
XII. Protection of personal data
Article 42. \
(1) In accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) and Bulgarian legislation, "Havaya Vahana" and, more specifically, "Havaya Vahana" Ltd. is the controller of personal data.
(2) "Havaya Vahana" adopts a Personal Data Security Policy and a Cookie Policy, which every visitor whose personal data is processed by "Havaya Vahana" or to whom cookies are applied should accept after reviewing.
(3) Visitors' personal data may be provided to the prosecutor's office, the police, judicial institutions, or other state authorities on the basis of and within the scope of legal provisions and as a result of an explicit request made by them.
XIII. Dispute resolution
Article 43. \
All disputes between the parties arising out of or relating to the agreement concluded between them, including issues related to the interpretation, invalidity, performance, or termination of the agreement, as well as disputes over filling gaps in the agreement or amending it in connection with newly arising circumstances, shall be resolved in a spirit of understanding and goodwill through negotiations and mutual concessions by the parties.
XIV. Additional Arrangements
Article 44. \
(1) Except in the cases expressly provided for in these general terms and conditions, written statements and communications shall be deemed to have been validly made if they are made in the form of a letter with return receipt, e-mail, pressing a button or ticking a radio button or checkbox on the website www.hva.bg and other similar means, provided that the statement is technically recorded in a manner that allows it to be reproduced.
(2) By accepting these general terms and conditions and by concluding an agreement between themselves, the parties express their consent to consider the electronic statements exchanged between them as received upon their arrival in the information system specified by the addressee, without the need for explicit confirmation. If the User has provided an invalid email address, the statement shall be deemed received only upon its sending by the Service Provider, even if it has not been received.
Article 46. \
In the event that one or more of the provisions of these general terms and conditions is declared invalid in whole or in part, this shall not invalidate the agreement, its other provisions or other separate parts thereof, which shall remain in force between the parties. The invalid clause shall be deemed to be replaced by the mandatory provisions of the law or established practice and customs.
• The following types of cards are accepted: Visa, Mastercard, and bCard debit, credit, and business cards.
• All transactions are carried out through the MasterCard Identity Check and VISA Secure security programs.
• The maximum amount for card payments is BGN 2,000.
• No data is stored about the bank cards used for payment through the website.
• If a refund is required for a card payment, it will be returned to the same card.
While this process is ongoing, you can send a link to our documentation to the team that will be handling the integration so that they can start working on it.
• The following types of cards are accepted: Visa, Mastercard, and bCard debit, credit, and business cards.
• All transactions are carried out through the MasterCard Identity Check and VISA Secure security programs.
• The maximum amount for card payments is BGN 2,000.
• No data is stored about the bank cards used for payment through the website.
• If a refund is required for an amount paid by card, it will be returned to the same card.
While this process is ongoing, you can send a link to our documentation to the team that will be handling the integration so that they can start working on it.
These general terms and conditions have been adopted by decision and shall enter into force on 23.04.2025.