I. Subject

Art. 1. (1) These General Terms and Conditions are intended to regulate the relations between:

– Viva Pautalia Association, having its registered office in Kyustendil 2500, Morris Levy 1, UIC 109612462, providing the use of the websites (thesocialmarket.eu), hereinafter referred to as “PROVIDER”;

– Social enterprises, as defined above, registered on the provider’s website (thesocialmarket.eu) and providing goods and / or services, hereinafter referred to as “SOCIAL ENTERPRISE”;

– Consumers using the Provider’s websites (thesocialmarket.eu), hereinafter referred to as “USERS”.

(2) The provider provides for free use the features of thesocialmarket.eu platform to social enterprises through which they offer for sale their goods and / or services to users.

(3) The creation and maintenance of the social enterprise e-commerce platform thesocialmarket.eu is supported by project No BG05M9OP001-4.003-0036 “Shared Network of Social Enterprises” under Priority Axis 4 “Transnational Partnerships”, funded by the Human Resources Development Operational Programme 2014-2020, with the assistance of the Ministry of Labor and Social Policy of the Republic of Bulgaria.

II. Information under the Bulgarian Electronic Commerce Act and the Consumer Protection Act

Art. 2. (1) Details of the Provider:

Name of Supplier and Legal Form: Viva Pautalia Association

Registered office and registered address: 2500 Kyustendil, Morris Levy Str.

Correspondence and address of activity: Sofia, 1700, Prof. G. Bradistilov Str., 6, floor 4, telephone: +359887621191, e-mail: office@thesocialmarket.eu, website: https: //thesocialmarket.eu/

Registration in the register of non-profit legal entities and registration under VAT: UIC: 109612462 / ID under VAT: BG109612462.

(2) Upon registration, each social enterprise is  obliged to submit the information under items 1-3 and data for entry in the respective public register in accordance with the legal form of the subject within 5 / five / days from the registration on the provider’s website.

(3) Contact details of the Commission for Personal Data Protection:

Address: 15, Ivan Evstatiev Geshov Str., Sofia, tel .: +359 2 9402046, fax: +359 2 9403640,

e-mail: kzld@government.bg, kzld@cpdp.bg, Website: www.cpdp.bg

(4) Contact details of the Consumer Commission:

Address: 1000A Sofia, 4A Slaveykov Square, floor 3, 4 and 6,

tel .: +359 2 9802524, fax: +359 2 9884218, hotline: 0700 111 22, website: www.kzp.bg

III. Website Features

Art. 3. (1) The Provider’s website is available at https://thesocialmarket.eu/

(2) The use of the Website constitutes a service to the information society within the meaning of the Electronic Commerce Act.

(3) The Provider provides, and the Social Enterprise and the User use the Website in accordance with the parameters and restrictions, announced in these General Terms and Conditions.

(4) The Social Enterprise and the User shall each individually provide their own equipment they need to access the Website.

IV. Use of the Website and contractual relations between the Provider, the Social Enterprise and the User

Art. 4. (1) The contract shall be concluded in Bulgarian or English.

(2) The contract terms between the Provider, the Social Enterprise and the User represent these General Terms and Conditions, available at https://thesocialmarket.eu/obshti-usliviya.

(3) The contracting party with the Provider shall be the Social Enterprise on the Website according to the data provided at the registration and contained in the personal profile of the social enterprise. For the avoidance of doubt, this is the data used to create a profile in the Provider’s online store and all data provided after registration.

(4) A party to the contract with the Provider shall also be the User of the Website according to the data provided during the registration and contained in the User’s personal profile. For the avoidance of doubt, this is the data used to create a profile in the Provider’s online store and all data provided after registration.

(4) With respect to services that do not require registration, the User shall be considered bound by these General Terms and Conditions from the first use of the Website by the User until the moment of its termination of use.

(5) In respect of the services requiring registration, the social enterprise and the user shall be considered bound by these General Terms and Conditions from the moment of registration of a profile until the termination of their registration.

V. Effect of the General Conditions on Social Enterprises

Art. 5. All registered social enterprises have access to the full content of the website after they have registered and submitted information on creating a social enterprise profile and data on products and services in their e-shop.

VI. Effect of the General Terms on the Users

Art. 6. (1) In connection with the use of the Website, these General Terms and Conditions shall apply to both services for which registration is required by users and to those for which such is not required.

(2) Each User, whether registered or not, has access to the full content of the Website and the ability to place orders on all available items through the Online Store. Registration is required to use the following additional features:

– retaining ‘buyer data’ for easy ordering;

– retention of ‘desired items’ for later viewing;

– order history;

– availing of additional discounts and special promotions provided by the Provider;

– receiving a newsletter sent by the Provider.

VII. Registration of a social enterprise profile

Art. 7. (1) The social enterprise may register a profile free of charge through the registration functionality available on the Provider’s website.

(2) When registering in the profile, the Social Enterprise shall introduce individualizing information, which shall include:

– e-mail address;

– password;

– the name of the social enterprise, including the representative and his name and surname;

– phone number;

– the information under Art. 2, para. 1 and para. 2;

– postal address for return of goods in case of refusal under Art. 52 PDA;

– Selected delivery methods and information in this regard;

– Selected payment methods and information in this regard;

– A brief summary of the history of the enterprise and the social element in its activities;

(3) By filling in the individualized information and by selecting the option “Register me”, the Social Enterprise declares that it is familiar with these General Terms and Conditions, in accordance with their content and undertakes to comply with them unconditionally.

(4) When completing the registration, the Social Enterprise shall be obliged to provide accurate and up-to-date data. In the event of a change, the Social Enterprise undertakes to update the information specified in its registration in a timely manner. Failure to comply with this obligation of the Social Enterprise shall relieve the Provider from liability for any damages directly resulting from this.

VIII. User account registration

Art. 8. (1) The user may register his / her profile through the registration functionality available on the Provider’s website or by ordering goods.

(2) When registering a user profile, the User enters individualized information, which includes:

– e-mail address;

– password;

– name and surname;

– phone number.

(3) By filling in the individualized information and selecting the option “I have read and accept the General Terms and Conditions”, the User declares that he is familiar with these General Terms and Conditions, agrees to their contents and undertakes to comply with them unconditionally.

(4) When performing the registration, the User is obliged to provide accurate and up-to-date data. In the event of a change, the User agrees to update the data specified in his registration in a timely manner. Failure to comply with this obligation of the User relieves the Provider from liability for any damages directly resulting from this.

Art. 9. (1) The social enterprise and the User undertake to use the website in good faith and for the intended purpose.

(2) When using the Website, the Social Enterprise and the User undertake to refrain from using software, scripts or other technologies that could make it difficult for other users to use it.

(3) The social enterprise and the User undertake not to use the website in contravention of the applicable legislation.

Art. 10. (1) In order to improve the quality of the service on the use of the website, performing prevention, troubleshooting and other related activities, the Provider has the right to temporarily limit or suspend the provision of the service.

(2) In the cases of para. 1 The Provider is obliged to promptly resume the provision of the Website Usage Service after the elimination of the circumstance that caused the suspension of the services provided.

IX. Protection of personal data

Art. 11. (1) The Provider takes measures for the protection of the personal data of the User in accordance with the Personal Data Protection Act and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation), in accordance with the Privacy Policy published on the Internet site.

Art. 12. (1) The e-mail address provided at the initial registration of the Social Enterprise and the User, as well as any subsequent e-mail address used for exchanging statements between the Social Enterprise or the User and the Provider, shall be the “Main e-mail address” within the meaning of these General Terms and Conditions. . The Social Enterprise or the User have the right to change their Primary Email Address.

(2) The Provider shall not be liable to the Social Enterprise or the User for unlawful alteration of the Main e-mail address.

(3) The Provider may require the Social Enterprise or the User to use the Primary e-mail address in specific cases.

Art. 13. (1) At any moment before, during or after the provision of the use of the Website service, the Provider shall have the right to require the Social Enterprise or the User to certify the authenticity of each of the circumstances and personal data announced during the registration. Failure to comply with this obligation by the Social Enterprise or the User shall relieve the Provider from liability for any damages directly arising therefrom.

(2) In case the Social Enterprise or the User has forgotten or lost their name and password, the Provider shall provide them with the opportunity to enter new access data through the Main e-mail address specified by the Social Enterprise or the User.

Х. Features of the Online Store

Art. 14. The e-shop is accessible at http://thesocialmarket.eu/ through which the Social Enterprise or the User have the opportunity to conclude contracts for the sale and delivery of the goods offered by the E-Shop of the social enterprises, including the following:

– register and create a profile for viewing from the respective e-shop and using the newsletter of each social enterprise and other services for sharing and providing information;

– make electronic statements through the interface of the Website;

– to conclude purchase and sale contracts for the goods offered by the respective e-shop;

– to make any payments in connection with the concluded contracts from the respective e-shop, according to the payment methods maintained by the respective e-shop;

– to receive information about new goods offered by the respective e-shop;

– to review the goods, their characteristics, prices and terms of delivery.

Art. 15. (1) The social enterprise and the User shall conclude a contract for the purchase and sale of the goods offered by the respective e-shop through the Provider’s interface available on its website sub-site at http://thesocialmarket.eu/

(2) The main characteristics of the goods offered by the respective social enterprise are defined in the profile of each good on the website of the E-shop.

(3) The social enterprise shall be obliged to determine explicitly and separately the price of each goods, including VAT, on the website of its e-shop.

(4) The value of the postal and transport costs not included in the price of the goods shall be determined by the respective social enterprise and shall be provided as information to the User depending on the method of delivery chosen by him at the time of completion of the order and before the conclusion of the contract for purchase and sale. The electronic platform has functionality that gives users the technical ability to simultaneously order products and services offered by different social enterprises located in different cities. During the ordering process, in the list of selected products and services (shopping cart), the user receives information and can choose the way and value of delivery from each individual social enterprise, and after making the choice of delivery, the total cost of all deliveries from individual companies are automatically added together with the price of the selected services and products.

(5) The methods of payment shall be determined in these General Terms and Conditions and in accordance with the information provided on the website of the respective social enterprise.

(6) Pursuant to the contract concluded with the User for the sale of goods, the respective social enterprise shall be obliged to deliver and transfer the property of the User to the goods defined by the User through the interface.

(7) The social enterprise shall deliver the goods requested by the User within the terms and conditions, determined by the social enterprise in the e-shop used by it and in these General Terms and Conditions.

(8) The social enterprise guarantees the rights of the User stipulated by the law in good faith and in accordance with good commercial practices.

(9) In case of a violation of para. 8 by the Social Enterprise, the same undertakes to indemnify all direct and immediate damages which the Provider has incurred as a result of the non-performance.

Art. 16. (1) The social enterprise and the User agree that all statements between them in connection with the conclusion and execution of the sales contract can be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and the E-Commerce Act.

(2) It is assumed that the electronic statements made by the User are made by the persons specified in the data provided by the User at the time of registration, if the User has entered the appropriate username and password.

XI. Use of the E-shop and contracting procedure

Art. 17. In order to use the E-shop of the respective social enterprise for the conclusion of a contract for the sale of goods, the User must enter individual and delivery information directly in the order form or by registration under these General Terms and Conditions.

Art. 18. (1) The User uses the interface on the Provider’s website to conclude contracts for the sale of goods offered by social enterprises in the respective E-shop.

(2) The terms of the contract between the Social Enterprise and the User and the Provider represent these General Terms and Conditions, available at http://thesocialmarket.eu/general terms.

(3) A party to the contract with the User is the respective social enterprise according to the data provided at the registration or when ordering the goods through the interface of the E-shop. For the avoidance of doubt, this is the data used to create the profile and profile of the social enterprise with the Provider.

Art. 19. The User enters into a contract of sale with the Social Enterprise in the following procedure:

(1) Selecting one or more of the goods offered in the e-shop of the respective social enterprise and adding them to the list of goods for purchase, called Cart.

(2) Selected products are displayed in the shopping cart interface and their price is shown without shipping costs – in case the User chooses a delivery method other than the free delivery provided by the respective social enterprise.

(3) After clicking on the button “To the order” an order form opens, where the User provides individualized information, having the opportunity to choose whether to log in to his profile, to register for a new profile or to order as a guest.

(4) The individualizing information of para. 3 includes the names of the User, the email and contact telephone number, the invoice issuing information when it wishes to receive one, and the delivery address.

(5) The user specifies a delivery address. This address is saved to his profile and can be modified, supplemented or deleted later.

(6) The user chooses the method of delivery within the terms and according to the information provided in the E-shop of the respective social enterprise. Delivery methods include at least the following options:

a) Free delivery to the User through Bulgarian Post paid by the respective Social Enterprise, if such possibility is provided by the Social Enterprise;

b) delivery by the User through Bulgarian Posts, if such possibility is provided by the Social Enterprise;

c) Free delivery to the User via courier service, paid by the respective Social Enterprise according to the fixed price specified in the E-shop interface and in view of the specific delivery method (economical / express delivery) chosen by the User, as far as such possibility is available according to the address of the the user;

b) delivery by the User by courier, according to the fixed price specified in the E-shop interface and in view of the specific method of delivery (economical / express delivery) chosen by the User, insofar as such possibility is available according to the address of the User;

(c) Obtaining on the spot, from the address of the Social Enterprise concerned, insofar as such opportunity is provided by the same;

(7) The user agrees to pay the costs arising from the method of delivery chosen by him or from the place of delivery resulting from his choice.

(8) The user chooses a method and time to pay the price from the following options:

a) Cash on delivery – this option is available only if the User has chosen a delivery method by courier. By choosing this method, the User agrees to pay the price of the goods and the delivery price at the time of receipt of the goods to the person who supplies them.

b) PayPal account – this feature is available only if the User has a PayPal payment account. By choosing this method, the User agrees to follow the procedures and to bear all the costs and fees that have been determined by the financial service provider – PayPal.

c) Through the services of ePay / EasyPay – the User may choose to pay in one of the following ways:

– through your ePay account, if available, and through the ePay service interface;

– by an ATM that supports EasyPay services through a credit card by entering the code generated by the Provider’s Online Store;

– at an EasyPay office specifying the code generated by the Provider’s Online Store at checkout.

By choosing one of these methods, the User agrees to follow the procedures and to bear all the costs and fees that are determined by the financial service provider – ePay or EasyPay.

d) by bank transfer to the account of the social enterprise, indicated in the respective e-shop;

By choosing this method, the User agrees to follow the procedures and to bear all the costs and fees due, which are determined by the financial service provider – the bank selected by the User.

e) By card payment by credit or debit card in the interface of the respective E-shop. By choosing this method, the User agrees to follow the procedures and to bear all the costs and fees that are due, which are determined by the financial service provider – servicing the respective E-shop of the bank.

(9) The User agrees with the current General Terms and conditions with choosing the option “I read and accept the General Terms”

(10) By selecting the “Review and Confirmation” step, the User has the opportunity to inspect all selected goods and to obtain information on the final order amount and delivery costs. In the event that he wishes to edit its order and select different goods, the User must open the Cart interface and then reconfirm his individualized information and choice of delivery address, method of delivery and payment method according to the above provisions.

(11) The information under this Article, provided to the User prior to the conclusion of the contract of sale, is up-to-date at the time of its preview on the website of the E-shop Provider.

Art. 20. (1) The contract for the sale of goods between the Social Enterprise and the User shall be deemed concluded from the moment the User confirms his order by pressing the confirmation button in the “Review and Confirmation” step of the order form.

(2) The social enterprise shall explicitly notify the User by concluding the contract for the sale of goods by sending an automatic message, according to the technical functionality of the website, to the electronic address specified by the User.

(3) The application for the conclusion of the contract by the Beneficiary and the acknowledgment of its receipt by the Social Enterprise shall be considered received when their addressees have the opportunity to access them.

(4) The social enterprise shall deliver the goods to the address specified by the User and shall not be liable in case the data specified by the User are incorrect or misleading.

(5) The Provider shall not be responsible for the manner of performance and / or non-performance of contracts concluded between the Social Enterprise and the User.

Art. 21. (1) The User agrees that the Social Enterprise has the right to accept and demand an advance payment for the contracts for the sale and sale of goods concluded with the User.

(2) The user shall choose independently whether to pay the Social Enterprise the price of delivery of the goods before or at the time of delivery.

(3) The social enterprise shall be released from its obligations under the contract if the advance payment required by it does not arrive within 7 calendar days of the order.

XII. Right of withdrawal

Art. 22. (1) The User shall have the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 working days from the date on which the User or a third party other than the carrier and specified by The user has come into possession of the goods.

(2) The right of refusal under para. 1 shall not apply in the following cases:

– for the provision of services in which the service is fully provided and performed and started with the express prior consent of the consumer and confirmation by the consumer that he / she knows that he / she will lose his / her right of withdrawal once the contract has been fully executed by the trader;

– for the supply of goods or services the price of which depends on fluctuations in the financial market which cannot be controlled by the trader and which may occur during the term of exercising the right of withdrawal;

– for the supply of goods made to the customer’s request or according to his individual requirements;

– for the supply of goods which by their nature may impair their quality or have a short shelf life;

– for the supply of sealed goods which are printed after delivery and cannot be returned for reasons of hygiene or health protection;

– for the supply of goods which, having been delivered and by their nature, have been mixed with other goods which cannot be separated;

– for the supply of alcoholic beverages, the price of which is negotiated at the time of conclusion of the sales contract, in which the delivery can be made within 30 days of the conclusion of the contract and whose actual value depends on market fluctuations, which cannot be controlled by the merchant;

– where the consumer has explicitly requested the merchant to visit his home for the purpose of performing urgent repair or maintenance activities; where, on such a visit, the trader provides other services in addition to those requested by the consumer or supplies goods other than spare parts necessary for repair or maintenance, the right of withdrawal shall apply to those additional services or goods;

– for the supply of sealed sound recordings or video recordings or sealed computer software that are printed after delivery;

– for the supply of newspapers, periodicals or periodicals, except subscription contracts for the supply of such publications;

to provide accommodation services other than housing, transportation of goods, rental of cars, meals or the provision of recreational activities, if the contract provides for a specific date or time for performance;

– for providing digital content that is not delivered on a physical medium when execution has begun with the express consent of the user who has confirmed that he or she knows that this will lose their right of withdrawal.

(3) By confirming its agreement with these General Terms and Conditions, the User confirms that he / she has been informed about the inability to exercise the right of refusal in the specified under para. 2 cases.

(4) In order to exercise its right of cancellation of the contract, the User must notify the Social Enterprise of:

– the names of the User;

– the delivery address;

– phone number;

– email address;

– his explicit and unambiguous desire to cancel the contract.

(5) For this purpose, the User has the following equal opportunities:

a) use the built-in refusal functionality available on the Social Enterprise website;

b) send an e-mail with a clear application for refusal to the Social Enterprise at the e-mail address indicated in the e-shop.

c) send a letter with unambiguous application for refusal to the postal address indicated in the e-shop of the respective social enterprise.

For the purposes of letters “b” and “c”, the User may use the Standard Waiver Form under Art. 52, para. 2 of the Consumers protection act.

(6) In case the User exercises his right of refusal under para. 1, The social enterprise shall be obliged to reimburse the full price of the goods paid no later than 14 calendar days from the date on which the User has exercised his right of cancellation of the concluded contract.

(7) If the User has made a payment with a bank card, the amounts paid shall be returned to the account of that bank card.

(8) In exercising the right of withdrawal, when the User has received goods in connection with the contract, he shall be obliged to return them without undue delay and in any case no later than 14 days after the day on which he informed the Social Enterprise. for his cancellation of the contract. The time limit shall be deemed to have been met if it can be established from the postage stamp on the consignment that it was sent before the expiry of the 14-day period. The goods are returned to the return mailing address indicated in the e-shop of the respective social enterprise.

(9) The direct costs of returning the goods shall be borne by the User.

(10) The User is obliged to store the goods received by the Social Enterprise and to maintain their quality until their return. It is solely responsible for reducing the value of the goods as a result of testing them, other than what is necessary to establish their nature, characteristics and good functioning.

XIII. Delivery

Art. 23. (1) The term of delivery of the goods and the starting point from which this term runs shall be determined upon conclusion of the contract with the User through the e-shop of the respective Social Enterprise.

(2) The social enterprise shall not be liable for non-compliance with the specified delivery time, if the delay is entirely due to the fault of the provider of the postal or courier service or of the User himself.

(3) If the Social Enterprise is unable to execute the contract due to the lack of the goods ordered, it shall be obliged to notify the User thereof and to recover the sums paid by him within 14 working days from the date on which the Social Enterprise is should fulfill its contractual obligation.

XIV. Amendment and access to the Terms of Service

Art. 25. (1) The Provider publishes these General Terms and Conditions at https://thesocialmarket.eu/obshti-usliviya, together with any amendments thereto.

(2) A social enterprise has the opportunity to partially accept these General Terms and Conditions by notifying the Provider within 3 calendar days of its registration, specifying specifically which articles and subparagraphs of these General Terms and Conditions accepts and / or does not accept and submit its own terms. “terms and conditions of the relevant social enterprise”, which it will consider applicable in its relations with the Provider and the Users.

(3) The provider shall, within 7 days, approve or reject the conditions of the social enterprise under para. 2. In case the proposal under par. 2 is rejected, the registration of the social enterprise is deleted from the website.

(4) Until a decision under para. 3, only the current general terms and conditions apply to the social enterprise and the users.

(5) In case of contradiction between the present general conditions and approved under para. 3 of the Provider’s general terms and conditions of the respective social enterprise, priority shall be given to the terms and conditions approved by the Provider of the respective social enterprise.

(6) The users are acquainted with the approved under para. 3 of the Provider’s general terms and conditions of the respective social enterprise and agree to comply with them when using the website.

Art. 26. (1) These General Terms and Conditions may be amended by the Provider.

(2) The social enterprise and the User agree that if they make a new order through the E-shop after the change, that order is equivalent to a will to accept the current General Terms and Conditions.

XV. Termination

Art. 27. The contract between the User and / or the Social Enterprise and / or the Provider shall be terminated in the following cases:

– upon termination and liquidation or bankruptcy of one of the parties to the contract;

– in case of permanent objective impossibility of one of the parties to the contract to fulfill its obligations;

– when the equipment is seized or sealed by public authorities;

– in the case of exercising the right of refusal pursuant to Art. 22;

– in the case of fraudulent use of the Website within the meaning of these Terms and Conditions.

Art. 28. The Provider shall have the right, at its sole discretion, without notice, to unilaterally terminate the Contract in the event that it finds that the provided services are used by any of the parties in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria and generally accepted moral standards.

XVI. Other terms

Art. 29. The eventual invalidity of any provision of these General Terms and Conditions shall not invalidate the entire contract.

Art. 30. The law of the Republic of Bulgaria shall apply to the issues not covered by this Agreement related to its implementation and interpretation.

Art. 31. All disputes between the parties to this contract will be settled by the competent Bulgarian court or the Consumer Commission.

Art. 32. These General Terms and Conditions shall enter into force on 06.12.2019.

XVII. Vouchers

Art. 33 (1) The Viva Pautalia Association, through the The Social Market website, provides users with the functionality to purchase social shopping vouchers in electronic form “vouchers”.

(2) Vouchers shall be used in full for the purchase of goods and services provided solely by social enterprises, and shall not include in the price any other commissions and fees to third parties.

(3) Each voucher contains a unique shopping code, and after receiving the payment for the purchase of the voucher by bank transfer to the following account of Viva Pautalia’s SCC at UniCredit Bulbank BG37UNCR70001522160361, the voucher with the unique code is sent as confirmation to the email specified by the applicant. The relevant amount of the voucher shall be fully and directly transferred to the relevant social enterprises which, in order to use the voucher, provide the goods and services offered by them.

(4) When registering a profile of a social enterprise on the website, the respective social enterprise agrees to accept the vouchers and to observe these general conditions.

(5) When using the voucher functionality, the applicant and the holder shall accept and undertake to comply with these General Terms and Conditions.

Art. 34 The voucher is not a security but an instrument that is accepted for payment of goods / §1, p. 88 VAT /. It cannot be exchanged for money, currency or securities, to serve as security or to provide as security. Therefore, if the value of the voucher is higher than the value of the commodity chosen by the bearer, the difference in amounts is non-refundable.