GENERAL TERMS AND CONDITIONS
- SUBJECT
Art. 1. These general conditions are intended to regulate the relations between “ EFFECT SALON OOD , EIC 1313165069, with registered office and management address: Sofia, Triaditsa district, 16 MAYOR PARVAN TOSHEV street, hereinafter referred to as “SUPPLIER” for short, and the customers, hereinafter referred to as ” USERS” , on the website of Neo Effect Aesthetic Clinic – https:// dianapetrovaeffect.com, hereinafter referred to as “dianapetrovaeffect.com” .
- PROVIDER DATA
Art. 2. Information according to the Electronic Commerce Act:
- Supplier Name: “ SALON EFFECT ” LTD
- Headquarters and address of management, Sofia, Triaditsa district, 16 MAYOR PARVAN TOSHEV str.
- Address for exercising the activity and address for submitting complaints by users: Sofia, Gen. blvd. Totleben 8, Astoria Hotel, 1st floor
- Entry in public registers: EIK 1313165069
- Personal data controller certificate number: no
- Supervisors:
III. DIANAPETROVAEFFECT.COM WEBSITE FEATURES
Art. 3. dianapetrovaeffect.com is a website, accessible at the Internet address https://dianapetrovaeffect.com , on which trade in services in the field of medicine is carried out, including venereology, dermatology, aesthetic dermatology, laser procedures and medical cosmetic services (referred to as the “Services” for short ), through which the Users have the opportunity to conclude contracts for the purchase and sale of vouchers for the performance of the services offered by the Provider, including the following:
- To gain access to the Internet platform of “SALON EFFECT”, located at the Internet address: https://dianapetrovaeffect.com/, where they can register and create a profile to track and document their visits to the clinic, track their laboratory results, outpatient list and scheduled dates of subsequent visits to the Provider;
- Review the services, their characteristics, prices and terms of performance;
- To enter into contracts with the Supplier for the purchase and sale of vouchers with a maximum amount of up to BGN 1,000 for all medical services offered on dianapetrovaeffect.com;
- To make any payments in connection with the concluded contracts for the purchase and sale of vouchers through the website https://dianapetrovaeffect.com with electronic means of payment supported by the “Borika – Bankservice” AD system or other electronic payment methods available on the site;
- To receive information about new services and promotions offered by the Provider on the website https://dianapetrovaeffect.com ;
- To make electronic statements in connection with the conclusion or execution of contracts with the Supplier through the interface of the page https://dianapetrovaeffect.com ;
- To be notified of the rights arising from the law, primarily through the interface of the page https://dianapetrovaeffect.com ;
- PURCHASE AND SALE OF A VOUCHER FOR THE PROVISION OF MEDICAL SERVICES
Art. 4. (1) Purchase contract – sale of a voucher for the provision of medical services at https://dianapetrovaeffect.com is concluded in Bulgarian and is stored in the Supplier’s database.
(2) In order to conclude the contract under paragraph 1, the User shall enter the following data in the fields provided for the purpose:
- Three names of the User and the person in whose favor the User wishes the voucher to be issued;
- Telephone number of the User and of the person in whose favor the voucher will be issued;
- E-mail address of the User and the person in whose favor the voucher will be issued;
- The User’s desired date of issue of the voucher;
- Greetings to the person to whom the voucher will be issued.
(3) Filling in the fields under item 4 and item 5 is not mandatory.
Art. 5. (1) After the purchase of a voucher for the provision of medical services on the website https://dianapetrovaeffect.com by the User, the Provider organizes the performance of the medical service on the territory of “SALON EFFECT” within its value and guarantees the rights of the Users , provided by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
(2) The User may purchase a voucher for medical services also for the benefit of third parties, in which case the Provider also guarantees the rights of the latter, provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
(3) The voucher purchased by the User for the provision of medical services is valid for 3 months from its generation on the Provider’s website – https://dianapetrovaeffect.com .
(4) After the expiration of the period under paragraph 3, the Supplier’s obligations to provide the medical services provided on the website https://dianapetrovaeffect.com in a value limited to the value of the generated voucher shall be repaid.
(5) After the expiry of the period under paragraph 3, the Supplier has no obligation to refund the value paid by the User for the vouchers generated on the Supplier’s website, except in the case of an expressly exercised right of refusal in accordance with Article 13 of these general terms and conditions .
Art. 6. (1) The User and the Provider on the website https://dianapetrovaeffect.com agree that all statements between them in connection with the conclusion and execution of the contract for the purchase and sale of a voucher for the provision of medical services can be made by electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site were made by the persons indicated in the data provided by the User during registration, if the User has entered the corresponding name and password for access.
- CONTENTS OF THE AGREEMENT
Art. 7. (1) The Provider and the Users conclude a contract for the purchase and sale of one or more vouchers for the provision of medical services of equal value, at the User’s choice.
(2) The supplier can organize the provision of one or more services until the value of the voucher issued by him is reached.
(3) The exercise of rights in relation to a particular voucher does not affect and has no effect in relation to the rights under the other vouchers.
(4) In the event that the User has the status of a user within the meaning of the Consumer Protection Act, section VII of these general terms and conditions shall apply.
Art. 8. When exercising the rights under the voucher issued by the Provider for the provision of medical services, the holder of the voucher is obliged to indicate exactly and unequivocally the services in respect of which he exercises the rights.
Art. 9. (1) The user can pay the price under the contract for the purchase and sale of vouchers for the provision of medical services in one of the following ways:
- with a credit or debit card supported by “Borika – Bankservice” JSC, or
- with PayPal.
(2) The contract for the purchase – sale of a voucher for the provision of medical services is considered to have been concluded with the declaration of the number, value and holder of the vouchers desired by the User on the website https://dianapetrovaeffect.com and payment of their value according to para .1 ways.
VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE QUALITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT
Art. 10. The rules of this section VII of these general conditions apply only to Users who, according to the data specified for the conclusion of the contract for the purchase and sale of a voucher for the provision of medical services, it can be concluded that they are users in the sense of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of October 25, 2011.
Art. 11. (1) The description of the medical services and their prices are indicated in a table in the “Prices” section of the website https://dianapetrovaeffect.com , are defined in the profile of each service.
(2) The methods of payment and the performance of the contract are determined in the present general conditions and the information provided to the User through the mechanisms on the website https://dianapetrovaeffect.com .
(3) The information provided to the Users under this article is current at the time of its visualization on the website https://dianapetrovaeffect.com before the conclusion of the contract for the purchase and sale of a voucher for the provision of medical services.
(4) Users agree that all information required by the Consumer Protection Act can be provided via the website https://dianapetrovaeffect.com or e-mail.
(5) Discounts, promotions and gifts are provided by the Provider to the Users in compliance with the requirements of the Consumer Protection Act and according to the conditions for the relevant services announced by the Provider on the website https://dianapetrovaeffect.com .
Art. 12. The user has the right to choose one of the following methods of payment for the voucher for the provision of medical services:
- with a credit or debit card supported by “Borika – Bankservice” JSC, or
- with the PayPal payment system.
Art. 13. (1) The user has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 14 days, counting from the date of purchase and generation of the vouchers for the provision of medical services through the unified form for withdrawal from the contract, available on the website of Diana Petkova at https://dianapetrovaeffect.com and in Appendix No. 1 to these general terms and conditions. Information on exercising the right of withdrawal is available at https://dianapetrovaeffect.com and in Appendix No. 2 to these general terms and conditions.
(2) The right of refusal under para. 1 does not apply in the event that the holder of the voucher for the provision of medical services has exercised his right to it and has actually received one or more of the services announced on the website https://dianapetrovaeffect.com .
(3) The right of refusal under para. 1 can be realized concretely and unambiguously.
Art. 14. In the event that the User has exercised his right of refusal under Article 13, Paragraph 1, the Supplier shall cancel the generated voucher, starting from the date of receipt of the User’s statement by the Supplier.
Art. 15 In the event that the User exercises his right of refusal under Article 13, paragraph 1 of these general terms and conditions, the Supplier is obliged to reimburse him the amount paid for the value of the purchased vouchers within 14 days after receiving the User’s statement.
Art. 16 Voucher purchase requests made on the website of https://dianapetrovaeffect.com are processed and confirmed, being generated by the website automatically after receiving the payments.
VIII. PROTECTION OF PERSONAL DATA
Art. 17. (1) The Provider takes measures to protect the User’s personal data in accordance with the Personal Data Protection Act.
(2) For reasons of security of the Users’ personal data, the Provider will send the data only to the e-mail address that was specified by the Users at the time of the voucher purchase request.
(3) The Provider has the right to store data in the final communication device of the User, unless the latter expressly expresses his disagreement to this.
(4) The User agrees that the Provider has the right to send electronic messages to the User at any time until the expiration of the period under Art. 5, para. 3 of these general terms and conditions, and in case of exercising the right of refusal under Art. 13, para. 1 – until receipt of the statement to this effect from the Supplier.
(5) The User agrees that the Provider has the right to collect, store and process data on the User’s behavior when using the website https://dianapetrovaeffect.com .
- AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
Art. 18. (1) These general terms and conditions may be amended by the Provider, of which the latter will notify in an appropriate manner all Users who have applied for at least one voucher for the provision of medical services within the period under Art. 5, para. 3 of these general terms and conditions, and in case of exercising the right of refusal under Art. 13, para. 1 – until receiving the statement to this effect from the Supplier.
(2) The Provider and the User agree that any addition and amendment to these general terms and conditions will have an effect on the User in one of the following cases:
- after being expressly notified by the Provider and if the User does not state within the one-month period granted to him that he rejects them; or
- after their publication on the Provider’s website and if the User does not state within one month of their publication that he rejects them;
(3) The User agrees that all statements of the Provider in connection with the amendment of these general terms and conditions will be sent to the e-mail address specified by the User when requesting the purchase of a voucher for the provision of medical services. The user agrees that e-mails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.
Art. 19. The provider publishes these general terms and conditions at https://dianapetrovaeffect.com together with all additions and amendments to them.
- TERMINATION
Art. 20. These general conditions and the User’s contract with the Supplier are terminated in the following cases:
- upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
- by mutual agreement of the parties in writing;
- in case of objective inability of one of the parties to the contract to fulfill its obligations;
- when the equipment is seized or sealed by state authorities;
- in case of expiration of the term under Art. 5, para. 3 and exercising the right of refusal under Art. 13 by the User.
Art. 21. The Supplier has the right at its discretion, without giving notice and without paying compensation, to unilaterally terminate the contract, in case it finds that the User uses the website in violation of these general conditions, the legislation in the Republic of Bulgaria, the generally accepted moral norms or the generally accepted rules and practice in electronic commerce.
XII. RESPONSIBILITY
Art. 22. The User undertakes to indemnify and indemnify the Provider from legal claims and other claims of third parties (whether justified or not), for all damages and costs (including attorney’s fees and court costs) arising from or in connection with (1) non-fulfillment of any of the obligations under this contract, (2) violation of copyright, production, broadcasting rights or other rights on intellectual or industrial property, (3) illegal transfer to other persons of the rights granted to the User , for the term and under the terms of the contract and (4) falsely declaring the presence or absence of the status of consumer within the meaning of the Consumer Protection Act.
Art. 23. The provider is not responsible in case of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.
Art. 24. (1) The Provider is not responsible for damages caused by the User to third parties.
(2) The Provider is not responsible for property or non-property damages, expressed in lost profits or suffered damages, caused to the User in the process of using or not using the website https://dianapetrovaeffect.com and concluding contracts for the purchase and sale of vouchers for the provision of medical services with the Provider.
(3) The provider is not responsible for the time during which the website https://dianapetrovaeffect.com was not available due to force majeure.
Art. 25. (1) The supplier is not responsible in case of overcoming the security measures of the technical equipment and this results in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
(2) The Provider is not responsible in the event of concluding a contract for the purchase and sale of a voucher for the provision of medical services when providing access to information, loss or change of data that occurred as a result of false identification of a third party who presents himself as the User , if it can be judged from the circumstances that this person is the User.
XIII. OTHER TERMS
Art. 26. (1) The User and the Provider of the website https://dianapetrovaeffect.com undertake to protect each other’s rights and legal interests, as well as to protect their trade secrets, which became their possession in the process of executing the contract and these general terms and conditions.
(2) The User and the Supplier undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence between them. The publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc. can be considered public domain.
Art. 27. In the event of a conflict between these general terms and conditions and provisions in a special contract between the Provider and the User, the clauses of the special contract shall take precedence.
Art. 28. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.
Art. 29. (1) The laws of the Republic of Bulgaria shall apply to matters not settled in this contract, related to the implementation and interpretation of this contract.
(2) The User has the right to refer all disputes with the Provider regarding the performance of this contract to the out-of-court Alternative Dispute Resolution (ADR) platform available at https://webgate.ec.europa.eu/odr/main/ ?event=main.home.show . In case of failure to reach an agreement to resolve the dispute out of court, the parties may refer the dispute for resolution by the competent Bulgarian courts and the Commission for Consumer Protection.
Art. 30. These general terms and conditions enter into force for all Users on 01.06.2022.
Application No. 1 – Standard form for monitoring the right of withdrawal from the contract
The standard form for monitoring the right to a contract:
(fill in and send this form only if you wish to withdraw from the contract)
– To “SALON EFFECT” OOD , EIK 131365069, with registered office and management address: Sofia, Triaditsa district, 16 MAYOR PARVAN TOSHEV str.
– I/we hereby acknowledge* that I/we hereby waive* the exclusions from the agreement for the request of the ice vouchers for the delivery of the ice cream*
– Requested at*/received at*
– Name of the citizen/s
– Address of the citizen/s
– Passport of the citizen/s (only in the case that the current passport is on the xaptia)
– Date
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Application No. 2 – Information on immediate monitoring of contract termination
Information about the right to cancel the contract
Standard answer questions:
- Right of withdrawal from the contract of storage or outside the commercial object.
- You have the right to cancel the current contract, without giving reasons, within 14 days.
III. The cancellation period is 14 days from the date on which you purchased a voucher for the provision of medical services.
Зa дa yпpaжнитe пpaвoтo cи нa oтĸaз, тpябвa дa ни yвeдoмитe нa ĸoнтaĸтнитe дaнни, пocoчeни нa https://dianapetrovaeffect.com и зa peшeниeтo cи дa ce oтĸaжeтe oт дoгoвopa c нeдвycмиcлeнo зaявлeниe (нaпpимep пиcмo, изпpaтeнo пo пoщaтa, фaĸc или eлeĸтpoннa пoщa) .
You can use the provided standard response form, but this is not required. Moжeтe cъщo тaĸa дa пoпълнитe и пoдaдeтe пo eлeĸтpoнeн път cтaндapтния фopмyляp зa oтĸaз или дpyгo нeдвycмиcлeнo зaявлeниe зa oтĸaз нa нaшия yeбcaйт https://dianapetrovaeffect.com Aĸo изпoлзвaтe тaзи възмoжнocт, ниe нeзaбaвнo щe Bи изпpaтим нa тpaeн нocитeл (нaпpимep пo eлeĸтpoннa пoщa) cъoбщeниe to confirm receipt of the request.
In order to preserve the right to cancel the contract, it is sufficient to send the notice and the same notice of the right to cancel before the expiry of the right to cancel the contract.
- Actions of a otĸaza.
Aĸo ce oтĸaжeтe oт нacтoящия дoгoвop, ниe щe Bи възcтaнoвим вcичĸи плaщaния, ĸoитo cмe пoлyчили oт Bac бeз нeoпpaвдaнo зaбaвянe и във вcичĸи cлyчaи нe пo-ĸъcнo oт 14 дни cчитaнo oт дaтaтa, нa ĸoятo ни инфopмиpaтe зa Baшeтo peшeниe зa oтĸaз oт нacтoящия дoгoвop. We will issue the refund starting from the bank account; In all cases, this refund will not be subject to any claims for Bac.
We have the right to delay refunding payments until we receive proof of your payment.
For additional customer information, see https://dianapetrovaeffect.com