TERMS AND CONDITONS of the online store “Neurology in clinical cases”
I. SUBJECT MATTER
Article 1. The current general terms and conditions are intended for regulation of the relationship between Kamen Genadiev Kamenov with address Bulgaria, 3400 Montana, ul. Maria Dimova 4, e-mail books@neurologyinclinicalcases.com, hereinafter referred to as AUTHOR and the customers, hereinafter referred to as USERS of the e-commerce platform www.neurologyinclinicalcases.com, hereinafter referred to as “NCC”.
ІІ. DATA ABOUT THE AUTHOR
Article 2. Information under the Electronic Commerce Act and Consumer Protection Act.
1. Name: Kamen Genadiev Kamenov
2. Address: Bulgaria, 3400 Montana, ul. “Maria Dimova” 4
3. Address for correspondence and complaints from users: Bulgaria, 3400 Montana, ul. “Maria Dimova” 4; e-mail: books@neurologyinclinicalcases.com.
4. Supervisors:
(1) Commission for Personal Data Protection
Address: Bulgaria, Sofia, ul. « Prof. Tsvetan Lazarov » № 2,
Telephone: +359 (0)2 940 20 46
Fax: +359 (0)2 940 36 40
E-mail: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Consumer Protection Commission
Address: Bulgaria, 1000 Sofia, pl. “Petko R. Slaveikov” 4А
Telephone: +359 (0)700 111 22
Fax: +359 (0)2 988 42 18
Hotline: +359 (0)700 111 22
Website: www.kzp.bg
(3) Protection of the Competition Commission
Address: Bulgaria, 1000 Sofia, bul. “Vitosha” №18
Telephone: +359 (0)/ 935 61 13
Fax: +359 (0)2 980 73 15
Website: www.cpc.bg
III. CHARACTERISTICS OF THE PLATFORM
Article 3. This is a platform for e-commerce that is accessible on Internet address www.neurologyinclinicalcases.com, through which the users will have the option to conclude sale and purchase contracts and delivery of the AUTHOR’s books on the platform, including:
1. To register and to create a profile for browsing the AUTHOR’s on-line shop as well as to use the additional services for delivering of information.
2. To review the books, their characteristics, prices, and terms of delivery.
3. To conclude contract with the AUTHOR for sailing and delivery of the books that he proposes on the platform NCC.
4. To carry out any types of payments concerning the contracts that they conclude with the AUTHOR in compliance with the electronic tools of payment that are supported by the platform NCC when the latter is active.
5. To receive information for new books proposed by the AUTOR in the platform NCC.
6. To carry out electronic statements concerning the conclusion or the implementation of the contracts with the AUTHOR in the platform NCC through the interface of the NCC page that is accessible in Internet.
7. To be informed, through the interface of the NCC platform in Internet, about the rights arising from the law.
8. To exercise their right of withdrawal, when applicable, under the Consumer Protection Act.
Article 4. The AUTHOR in the platform NCC organizes the delivery of the books and he guarantees the Users’ rights provided by the law according to the good faith and the criteria and conditions adopted in the practice, in the consumer law or the commercial law.
Article 5. (1) The users conclude with the AUTHOR in the platform NCC a sale and purchase contract on the address. The contract is kept www.neurologyinclinicalcases.com. The contract is stored in the AUTHOR’s data in the platform.
(2) By the virtue of the contact concluded with the users for purchase, the AUTHOR in the platform NCC is obliged to organize the delivery and the transfer of the User’s property concerning the books he / she has chosen through the interface of the platform. The Users have the right to correct errors when entering information not later than the moment of sending away the statement for the conclusion of the contract with the AUTHOR in the platform NCC.
(3) The Users pay to the AUTHOR of the platform NCC remuneration for the delivered books according to the conditions determined by the platform NCC as well as according to the current general terms and conditions. The remuneration equals the price that is declared in the platform NCC.
Article 6. (1) The User and the AUTHOR in the platform NCC agree that all declarations among them concerning the conclusion and the realization of the contract for selling and buying can be done electronically as well as through electronic statements according to the Electronic Document and Electronic Signature Act and the article 14 of the Electronic Commerce Act.
(2) It is supposed that the electronic statements, done by the Users of the website, have been done by the persons specified in the data given by the User during the registration if the User has entered the appropriate name and the appropriate password.
IV. REGISTRATION FOR THE USE OF WWW.NEUROLOGYINCLINICALCASES.COM
Article 7. (1) In order to use the NCC for the conclusion of contracts for selling and purchasing of books the User must introduce the name and the password chosen by him to get a remote access and thus it is considered that he has accepted the current general terms and conditions. The platform also proposes an option for a quick purchase for which no full registration is needed. The User introduces valid e-mail address and data for the delivery and thus it is considered that he has accepted the current general terms and conditions.
(2) The name and the password for remote access are defined by the User through carrying out an online registration in the AUTHOR’s website in the platform NCC according to the procedure that is specified in it.
(3) By filling in his / her data and by pressing the “Registration” button the User declared that he / she is acquainted with these general terms and conditions, that he / she agrees with their content and that he / she is obliged to unconditionally comply with them.
(4) The AUTHOR confirms the registration of the User by sending a letter to an e-mail that has been indicated by the User. A User’s account is being created and a contractual relationship arises between him / her and the AUTHOR.
(5) By carrying out the registration the User undertakes to provide data that are correct and up-to-date. The User undertakes, in case of change, to update the data in a timely manner.
V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AGREEMENT
Article 8. The Users use mostly the interface of the AUTHOR’s page in the platform NCC to conclude purchasing contracts for the books proposed by the AUTHOR in the platform NCC.
Article 9. The Users conclude the purchasing contract for the books in the platform NCC according to the following procedure:
(1) Carrying out the registration in the platform NCC and provision of the necessary data if, up to this moment, the User has no registration in the platform NCC. The platform can be used also without full registration.
(2) The entry into the system for placing orders in the platform NCC is carried out through identification with name and password. The platform also allows quick purchase without name and password.
(3) Choosing one or several of the books that are proposed by the AUTHOR in the platform NCC and adding them to a list of books for purchase.
(4) Choosing the books from the list of books for purchase in the platform NCC for which a purchasing contract will be concluded.
(5) Provision of data for carrying out of the delivery.
(6) Confirmation of the way of payment.
(7) Confirmation of the order.
VI. CONTENT OF THE CONTRACT
Article 10. (1) The AUTHOR and the Users conclude separate purchasing contracts for the books that are being requested by the Users although they are being selected with one electronic statement and from one list of books to purchase.
(2) The Users’ rights in connection to the delivered books are exercised separately for every contract of sales. The exercise of rights in connection to the delivered goods does not concern and has no influence on the contracts of sales for the other books. In case the User has the quality of consumer according to the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract of sale of a determined goods does not concern the contracts of sales for the other books that has been delivered to the User.
(3) The User has the right to refuse the AUTHOR’s books that have been delivered to him / her within 30 days from the moment of delivery to the User.
(4) The AUTHOR has the right at his discretion to refuse the execution of an order by the User, for which the AUTHOR notifies the User in due the time, without being obliged to state a reason for the refusal.
Article 11. By exercising the rights according to the contract of sales, the User is obliged to indicate accurately and unambiguously the contract and the goods in respect of which he exercises the rights.
Article 12. The User can pay the price of the individual contracts at once when they are delivered.
VII. SPECIAL CAUSES APPLICABLE TO PERSONS WHO HAVE THE CONSUMER QUALITY WITHING THE MEANING OF THE CONSUMER PROTECTION ACT
Article 13. The rights of the current section VII of these general terms and conditions are being applied only towards Users, for whom, according to the data that have been indicated during the conclusion of the contract of sales or during the registration in the NCC, it could be concluded that they are consumers within the meaning of the Consumer Protection Act and the Electronic Commerce Act.
Article 14. (1) The main characteristics of the books proposed by the AUTHOR in the platform NCC are being defined in the profile of each book in the platform NCC.
(2) The price of the books with all taxes included is determined by the AUTHOR in the platform NCC in the profile of every product of the platform NCC.
(3) Every promotional product is noted by a special label. The duration of the promotions is also dully marked.
(4) The means of payment, delivery and exercise of the contract are being determined in the current general terms and conditions and the information provided to the User through the mechanisms of the platform NCC.
(5) The information provided to the Users by the vertuе of this article is actual at the moment of its visualization in the platform NCC before the conclusion of the contract of sale.
(6) The Users agree that the whole information that is required by the Consumer Protection Act can be provided through the interface of the platform NCC or through e-mail.
Article 15. (1) The User agrees that the AUTHOR in the platform NCC has the right to accept advance payment for the contacts for sales of books and for their delivery that he / she has concluded with the User.
(2) The User agrees to pay to the AUTHOR in the platform NCC the price for the delivery of the books before their delivery.
Article 16. (1) Under the Consumer Protection Act in the section of remote contracts, the User has the right, without due compensation or penalty and without stating a reason, to withdraw from the contract within 14 days from the date of acceptance of the goods from the AUTHOR by means of the withdrawal form shown in annex № 1 to these general terms and conditions. The AUTHOR extends this term to the NCC Users to 30 days under the same other conditions.
(2) When the AUTHOR in the NCC platform has not fulfilled his obligations to provide the information stated in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within one year and 30 days from the day of acceptance of the goods. When the information is provided to the User within the withdrawal period, it shall run from the moment of its provision. The User has the right to send the statement of withdrawal under this article directly to the AUTHOR through the uniform form for withdrawal from the contract shown in Annex № 1 to these general terms and conditions.
(3) When the User has exercised his / her right of withdrawal from the contract from distance or off-premises, the AUTHOR refunds all amounts that have been received from the User, including the expenses for delivery, without undue delay and no later than 14 day to count from the day the he has received the User’s decision to withdraw from the contract. The AUTHOR refunds all the amounts received using the same means of payment used by the User in the initial transaction unless the consumer has expressly agreed to use another means of payment and on condition that this is not related to any costs to the User.
(4) The User can exercises his / her right of withdrawal from the contract with AUTHOR by sending a written statement to the AUTHOR by means of the standard form for withdrawal from the contract as shown in Annex № 1 to these general terms and conditions.
Article 17. (1) The term of the delivery of the goods is defined for every goods separately at the moment of conclusion of the contract with the User through the AUTHOR’s website in the NCC platform. The books become automatically accessible for download by the User after the confirmation of the payment of the goods.
(2) In case there is a problem for the download of the books, the User has to inform the AUTHOR through the established channel of communication in the NCC platform. The AUTHOR undertakes to send the books to an e-mail specified by the User within 3 days from the reception of the notification.
VIII. IMPLEMENTATION OF THE CONTRACT
Article 18. (1) The NCC platform provides a link for the download of the books by the User immediately after the confirmation of the payment of the price.
(2) In case the User refuses an order that has been paid by an online payment method the whole sum that has been paid will be refunded by the AUTHOR.
Article 19. For the unsettled cases of this section apply the regulations for commercial sale as defined by the Commercial Law and the Consumer Protection Act.
IX. PERSONAL DATA PROTECTION
Article 20. (1) The AUTHOR in the platform NCC takes measures for the users’ personal data protection according to the Personal Data Protection Act.
(2) For reasons of security of the users’ personal data, the AUTHOR in the platform NCC will send the data only to the e-mail address that has been indicated by the users in the moment of registration.
(3) The AUTHOR in the platform NCC has the right to keep data (cookies) in the user’s final communication device, except if the user disagrees in an explicit manner.
(4) The user or the consumer agrees that the AUTHOR of the NCC platform has the right to collect, keep and treat data about the User’s or the consumer’s behaviour concerning the use of the AUTHOR’s electronic store in the NCC platform.
(5) The NCC treats its clients’ personal data in accordance with the Privacy Politics, which is an integral part of the general terms and conditions.
Article 21. (1) In any moment, the AUTHOR on the NCC platform has the right to ask the User to legitimize himself / herself and to prove the authenticity of each of the circumstances and persona data announced during the registration.
X. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Article 22. (1) The current general terms and conditions can be changed by the AUTHOR of the NCC, for which the latter will inform in an appropriate manner all registered users.
(2) The AUTHOR of the NCC platform and the User agree that any amendment and change of these general terms and conditions will affect the User in one of the following cases:
А) after its explicit notification by the AUTHOR and if the User does not notify within the available 14-days period that he / she rejects them; or
B) after their publication on the AUTHOR’s website in the NCC platform and if the User does not notify within the available 14-days period that he / she rejects them;
C) with the explicit acceptance by the User through his / her profile on the AUTHOR’s website in the NCC platform.
(3) The User agrees that all AUTHOR’s statements in the platform in connection with the amendment of these terms and general conditions will be sent to the e-mail address that has been specified by the User during the registration. The User agrees that the electronic letters sent in accordance with this article do not need to be signed with electronic signature in order to have an effect on it.
Article 23. The AUTHOR publishes the general terms on the website www.neurologyinclinicalcases.com together with all amendments and changes in them.
XI. TERMINATION
Article 24. The current general conditions and the contract with the AUTHOR in the NCC platform are terminated in the following cases:
• Upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties of the contract.
• By mutual agreement of the parties in writing.
• In case of objective inability of any of the contract parties to perform its obligations.
• In case of seizure or sealing of the equipment by state bodies.
• In case of deletion of User’s registration in the NCC platform. In this case, the concluded but not executed contracts of sales remain in force and are subject of execution.
Article 25. The AUTHOR has the right, unilaterally at his own discretion, without giving notice and without due compensation, in case he finds that the User uses the NCC platform in violation of these general terms and conditions, of the legislation of the Republic of Bulgaria, of the generally accepted moral norm or generally accepted rules and practice of e-commerce.
XII. LIABILITY
Article 26. The user undertakes to indemnify and release from liability the AUTHOR in the NCC platform and the AUTHOR in case of lawsuits and other claims of third parties (whether justified or not), for all damages and costs (including attorney’s fees and legal costs), arising from or in connection with (1) non-fulfillment of any of the obligations under this contract, (2) infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights, (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) false declaration of the absence or of the presence of the quality of consumer within the meaning of the Consumer Protection Act.
Article 27. The AUTHOR is not liable in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.
Article 28. (1) The AUTHOR is not liable for damages caused by the User to third parties.
(2) The AUTHOR I not liable for material or non-material damages, expressed in lost profits or suffered damages caused by the User in the process of using or not using the NCC and concluding sales contracts with the AUTHOR.
(3) The AUTHOR is not liable for the time when the platform has not been accessible due to force majeure.
(4) The AUTHOR is not liable for damages from comments, opinions and publications under the products, news, and articles in the NCC platform.
Article 29. (1) The AUTHOR is not liable in case of events of overcoming of the security measures of the technical equipment and this results in loss of information, diffusion of information, access to information, limitation of the access to information and other similar consequences.
(2) The AUTHOR is not liable in case of conclusion of a contract of sales, giving access to information, loss or alteration of data resulting from false identification of a third party who presents himself / herself as the User, if from the circumstances it can be judged that this person is the User.
XIII. OTHER CONDITIONS
Article 30. (1) The User and the AUTOR in the NCC platform are obliged to mutually protect their rights and legitimate interests, as well as to keep their commercial secrets, which became their property in the process of implementation of the contract and of these general conditions.
(2) The User and the AUTHOR are obliged during and after the expiration of the period of the contract not to make public the written or oral correspondence between them. As public can be considered the publication of correspondence in print and electronic media, Internet forums, personal or public websites etc.
Article 31. In case of contradiction between these general terms and conditions and the terms in a special contract between the AUTHOR in the NCC platform and the User, the provisions of the special contract shall prevail.
Article 32. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.
Article 33. (1) The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract that are related to the implementation and the interpretation of this contract.
(2) The User has the right to refer all the disputes with the AUTHOR that concern the implementation of this contract to the platform for alternative resolution of disputes (ОРС) out of court. This platform is accessible at the Internet address https://webgate.ec.europa.eu/odr/main/?event=main.home.show. In the event of failure to agree to resolve the dispute out of court, the parties can refer the dispute for resolution by the competent Bulgarian courts and the Consumer Protection Commission.
Article 34. These general terms and conditions enter into force for all Users on March 1, 2022.
Annex 1: Standard form for exercising the right to withdraw from the contract
Standard form for exercising the right to withdraw from the contract
(Please fill in and send the current form only if you wish to withdraw from the contract)
– To (the seller’s name, his / her geographic address and when it is applicable, his / her fax number and e-mail address are filled in by the seller):
– Herby I / we* inform, that I / we* withdraw from the contract concluded by me/us* for the purchase of the following books*/the provision of the following service*
– Ordered on*/received on*
– User’s / Users’ names
– User’s / Users’ address
– User’s / Users’ signature (only in case that this form is on paper)
– Date -----------------------------------------------------
* The unnecessary is to be deleted.
Annex 2: Information on exercising the right to withdraw from the contract
Information on exercising the right to withdraw from the contract
Standard instructions about the withdrawal:
I. Right to withdraw from the contract at distance or off-premises.
II. You have the right to withdraw from the current contract without indicating any reason within 30 days.
III. The term for the withdrawal from the contract is 30 days starting on the date when you or a designated by you third person entered into possession of the books.
To exercise your right of withdrawal you must inform us using the contact data on www.neurologyinclinicalcases.com about your decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by the post, by a fax or by an e-mail).
You can use the available standard form of withdrawal, but this is not obligatory. You can also fill in and submit the standard form of withdrawal electronically or you can submit other unequivocal statement for withdrawal on our website www.neurologyinclinicalcases.com. If you use this option, we will immediately send you on a permanent carrier (for example, e-mail) a message confirming the reception of the refusal.
In order to comply with the withdrawal period, it suffices to send your notice of the exercise of the right of withdrawal before the expire of the withdrawal period.
IV. Effect of the withdrawal. If you withdraw from the current contract, we will refund all payments that we have received from you, including shipping costs (except for additional costs associated with your chosen method of delivery, other than the cheapest standard method of delivery offered by us), without undue delay and, in any case, not later than 14 days from the date on which you inform us on your decision to withdraw from this contract. We will make the refund to the bank account specified by you; in any case, this refund will not be at any cost to you.
For additional consumer information please see www.neurologyinclinicalcases.com