Terms and conditions

Terms & conditions

SUBJECT

1. These general conditions are governing the contracts for the purchase – sale of distance in the sense of the Law on the protection of consumers between „ATOP” Ltd. / beMe / and consumers in connection with ordering and purchasing of the offered goods through an electronic shop – www.bemeacne.com.

GENERAL DEFINITIONS

5. For the purposes of these general conditions the terms below have the following meaning:

5.1 . Seller – beMe or any of the partners of”ATOP” Ltd., published on the site.

5.2. Website / Site – web pages, attached to the domains www.bemeacne.com and corresponding sub domains.

5.3 . Internet page – an integral and distinct part of the website.

5.4 . User / Customer – Any person, who is an employee of beMe and is using the Internet pages, described above, in any way.

5.5 . ” User Account / Account ” – a separate section in the site , containing information about the User , provided by the same while registering and stored by www.bemeacne.com, access to users profile is carried out by entering a username and password . The user profile gives opportunity to the User to examine and edit data , introduced in registration , entries in the address book , to have access to information to all requests for purchase of goods from the store for e- commerce www.bemeacne.com , to change the password for access , to be subscribed , respectively, to refuse the subscription , for an information bulletin and others .

5.6 . Order – request by the customer, by which he declares intention to purchase goods or services from the site.

5.7 . Catalog / Product – list of goods, located in a site and representing its main content, to which customers have free access.

5.8 . Goods – element of the catalogue, located in a site, which is a subject of the contract for sale.

5.9 . Contract – any contract, signed by distance between beMe and customer for the purchase of goods from the site, in consequence of the field of customer Order. These General Terms and Conditions are an integral part of this Agreement. Each separately placed order is a separate contract.

5.10 . Content – All information on the website, which can be seen through the use of an electronic device; the content of each information sent by the Seller’s customer and vice versa.

5.11 . Newsletter, brochure, Message – information resources, concerning products in the site of beMe, without linking with the provided information.

5.12 . Payment – collection or recovery of funds, resulting from the sale of the product .

5.13 . Force Majeure circumstance is unpredictable event, beyond the control of the parties, which are not able to be avoided.

GENERAL

6. The general conditions set rules, in respect of which the customer can use the site and its content, in cases where there is no available otherwise valid agreement between him and the Seller.

7. The general terms and conditions are obligatory for all clients of the site. Using it means that the client is is introduced carefully and he has agreed with them in each of his use.

8. Terms and conditions can be changed unilaterally and at any time by beMe. These changes come into force immediately after publishing them on the site.

9. Acceptance of these Terms and conditions. The Client expressly agrees to the conclusion of distance contracts as a result of an Order made by him.

10. beMe reserves the right to terminate or refuse registration of the customer, unilaterally at its discretion, without owing any penalty or compensation about it.

11. The possibility of ordering is valid only for the territory of the Republic of Bulgaria and only for persons over 18 years of age. By registering on the website and when the order is created, the Client declares that he / she is of legal age (at the age of 18).

12. beMe specifies, that image (static / dynamic presentations and so on .) of the products have informative character and possibly supplied products can be different than depicted, due to technical errors, change of characteristics, design or their audit. The seller does not bear responsibility for such discrepancies.

13. The features, descriptions and prices of products on the site can contain errors and can be changed at any time. The seller does not bear responsibility for such discrepancies, but is obliged to remove them in a timely manner, if such are specified by the client.

14. beMe reserves the right to make changes on the site, its structure and functions without prior notice to the customers.

15. beMe is not responsible for any errors, which can appear on the site, due to technical reasons.

16. beMe reserves the right to publish advertising boxes / banners / of any kind and / or connections/links, in any part of the site, according to current legislation.

17. All goods , including those in promotion , are sold and shipped to the depletion of the available quantities from the warehouse of the Seller , even if that is not expressly noted on the site .

18. It is possible that the site may contain links / referrals / to other sites, beMe does not bear the responsibility for the content and policies of these sites.

19. The seller and the customer agree that electronic communication between them, including using a particular account, has the power of a handwritten signature in the relations between them.

2 0 . If any of the provisions of these general conditions for use of the site is invalid or inapplicable to the particular contract, regardless of the reason for this, this does not imply any invalidity or inapplicability of the others regulations.

SALES CONTRACT

2 1. The contract for the sale from a distance, of goods is considered to be concluded from the moment of the acceptance of the order sent by the client.

2 2 . The seller informs the customer by email and / or telephone for the registration of the contract.

2 3 . In all cases, in which the order is registered and the customer has received confirmation for this, the same dues payment in full size, which is negotiated for each individual order.

2 4 . The seller reserves the right at the inability of supply to refuse partially or entirely from the contract; as in this case he is due to return only the received amounts, without the charges for the customer.

2 5 . When the warehouse stock of a particular item is insufficient for the execution of all received orders; the rule in the previous point is applied.

2 6 . Provided information from the customer, as the current general conditions are an integral part of the Treaty of selling from distance.

INTERNET SALES POLICY

2 7 . Access to the site for registration of account and creation of order is allowed for each client. The client bears responsibility for the correctness of submitted data and for compliance by his side on the special requirements of the law in connection with the conclusion of civil contracts.

2 8 . beMe can restrict access to orders, products, services , payment methods and other of any client , in its sole discretion without prior warning or notice . beMe does not bear responsibility for any loss, which the customer suffers or may suffer as a result of this decision.

29 . Each customer can have only one account on the site. It is not allowed one account to be shared between several clients; all responsibility for the damages from such sharing is worn by the client.

3 0 . All prices on the site are announced in euro (EUR) with included VAT.

3 1 . The price of the product does not include the cost of delivery and outstanding fees in payment. As in all cases before the completion of the contract beMe will designate a site value of the additional costs, which the customer has to pay.

3 2 . It is possible that after the purchase of goods beMe to ask for email, telephone or other means of communication by client or a review, on purchased goods. By voluntarily providing a Review and / or photo from the client, the client expressly agrees to beMe to use this Review and / or photo for advertising purposes on its site or its sub domains.

3 3 . Prices on the site, crossed with a line, indicate the old price of goods in shops. These prices are informative in nature and have no relation to the actual due price.

3 4 . Upon presentation of products and services beMe reserves the right to use other products (accessories and others), which may not be included in the price of the product. In such cases, the description of the product contains the included set of products and any which are not included in the same description are considered, to not be included in the kit.

3 5 . beMe reserves the right to change prices of goods and services at any time, without advance notification to this customer .

3 6 . The cost of products and services is this, which is available at the time of contract in the context of inventory balances and / or for the period of the promotional period, if there is one . Any changes in prices, occurred after the adoption of the order, are not referring to it.

3 7 . beMe does not guarantee availability of any product, which can be purchased on the site, before it’s confirm the same to the customer by email or phone, that contract is executed and transmitted for delivery.

3 8 . beMe may in its discretion to issue codes for a discount. Cost, scope and period of validity is determined unilaterally by beMe .

ORDER

39 . The customer can place an order on the site by adding the goods offered and

services, following the instructions and steps on the site to complete and send the order.

4 0 . Upon completion of its order, the Client agrees that all provided information required in the purchase process is correct and complete at the time of the order.

4 1 . Uncompleted orders do not lead to registration of an order.

4 2 . Goods and services are available in the context of commodity availability and can be confirmed or denied in depending on availability.

4 3 . beMe reserves the right to clarify availability and terms of delivery by phone or email at the time of processing of the order.

4 4 . beMe does not bear responsibility for compliance of the terms of delivery of the products.

4 5 . Until the delivery, the Seller may refuse to partially and / or

Fully fulfil a placed order when delivery is impossible because of objective reasons, or due to legal defects in the contract concluded, he will notify the customer in advance. In such cases the Seller is obliged to reimburse the amounts paid by the customer, if any, without resulting in any additional costs for the same, after which the contract is considered, terminated and the parties have no other obligations to each other.

4 6 . With the sending of an order the customer gives the right to the Seller to be in touch with him for guidance every possible way, when this is required in connection with the made order.

4 7 . In case it is necessary а change in terms of supply or in the contents of made order or in other terms in the contract, an employee of beMe has to inform the client on phone or email. In such case the client has the right to refuse the contract or to confirm the order. In both cases the Seller shall not be liable for damages beyond the liability for repayment of the amounts paid.

4 8 . The client can refuse the order to the moment of receiving information that the order is completed and has a pending shipment. This can be done on email addresses to: support@bemeacne.com. In these cases the seller recovers fully the payment made by the customer, if there are such, in the same way that the payment was made, without any cost to the customer. The customer does not bear responsibility for damages and loss of benefits and the contract is deemed to be terminated.

RETURN OF GOODS AND WITHDRAWAL OF THE DISTANCE CONTRACT

49 . Under the distance sales contract, any customer who has the quality of user may return the product in a non-infringing commercial manner without specifying objective reason for claim within 14 calendar days from the date of receipt of the goods. Return shipping costs are a liability and responsibility of the customer. beMe will not accept goods shipped with cash on delivery payment.

5 0 . Other grounds for termination of the contract by distance, by country of the customer are:

5 0 . 1 . Defective packaging – The customer may request a replacement of the goods if he finds that is in bad commercial shape. In this case, the cost of returning the product shall be borne by the seller. Upon receipt of the goods by the client and within 24 hours if the client does not send information to beMe in writing or by telephone to establish the damage to the products concerned, they are considered to have been received in good commercial form. In this case beMe is not obliged to replace the respective products.

5 0 . 2 . Confused (mixed) product on delivery. If the customer finds that the product delivered by the courier is different from the one he ordered, he can return it to courier so he can send him the correct one. Shipping costs are covered by the seller.

51. The Client is obliged to inform the Seller of his intention to return the goods purchased or to withdraw from a distance contract by stating his decision unambiguously by written communication by email within the specified time limit. To exercise its right of withdrawal, the client must use the STANDARD REFUSAL FORM. Failure to comply with the 14 day product return period or the product is returned without the Client notifying the Seller, the latter (seller) is not obliged to reimburse the amounts paid by the Client.

5 2 . When a problem with the purchased goods appears the customer may be in contact with the seller by the phone : + 359 889 354 543 or on email address : support@bemeacne.com .

5 3 . Goods shall be returned to the warehouse of beMe: Sofia , ul . Obelsko Road 7 for beMe with the option to review, and examine the status of the products and to be able to state the terms of return.

5 4 . In the event that the customer exercises the right to withdraw, beMe shall refund the amounts paid in full no later than 14 calendar days from the date on which they are paid from the date the item was accepted back into the beMe warehouse. Of the amount that the consumer has paid the contract, the cost of returning the goods is deducted, except if the customer returned the goods on his own account and informed the supplier.

5 5 . The seller has the right to delay the recovery of the amount to the receipt of the sold goods and is not responsible for items which are not delivered to his warehouse.

5 6 . The recovery of the sum is carried out by bank transfer to the account referred to in the form of return . If the payment is made by bank card or PayPal, the amount returns on the card or account from which the payment is made.

57. If the client exercises his right of withdrawal from the distance contract, he must deliver the goods back to beMe without undue delay and no later than 14 days from the date the user announces his / her decision to withdraw from the contract. The deadline is considered to be met if the user submits information for his decision to beMe in writing before the expiry of the 14-day time limit.

58 .The replacement period, due to a technical malfunction or breakage, of glass bottles and infusers is 15 calendar days from the day of acceptance of the goods from the customer. After this period, beMe has the right to refuse the return or replacement of these products.

59 . When exercising the right of withdrawal from the distance contract, the client is obliged to keep the goods received from the supplier, and their quality and safety up to their return.

60. In case the goods ordered and prepaid by the customer cannot be delivered by the Seller, the seller will inform the customer about this and refund the amount paid within 14 days from the date on which the Seller ascertains this fact or from the date on which the client expressed his wish to terminate the contract.

6 1 . Conditions for return or exchange:

6 1 .1. The Client must notify the Seller in writing (via) by email with a completed return form;

6 1 . 2 . All goods have to be in the same condition as when delivered, without injuries, in impeccable commercial form and full kit. The packaging should be intact, not broken, scratched or damaged;

6 1 . 3 . If the product has been accompanied with a gift, the same should be returned;

6 2 . If the product is returned in an open / used state and cannot be sold as new, the Seller reserves the right to refuse the return of the amount paid by the Client upon the order, as well as the subsequent costs of the return of the product.

PAYMENT

6 3 . Prices of goods and services are final and include VAT, and all other taxes and fees, provided for in current legislation.

6 4 . Price and method of payment are indicated in each order.

6 5 .Methods of payment, which offers beMe are: cash on delivery by postal money transfer, through Debit / Credit Card, through PayPal .

6 6 .

The customer agrees to perform payment pursuant selected by his manner and according to the agreement upon conclusion of the contract from a distance and under conditions between the customer and the respective provider of payment services.

6 7 . The customer agrees that the Seller has the right to demand and accept an advance payment for the contracts for the purchase and sale of goods and their delivery..

68 . In case, that beMe does not receive payment according to the method chosen by the client and within the agreed terms before the order is executed, it shall be considered refused by the client.

SHIPPING

69 . The seller delivers the ordered goods online through the courier company – at the address specified by the client or at the office specified by the client of the courier company.

7 0 . The Seller carries out the delivery of goods only on the territory of the Republic of Bulgaria.

7 1 . The goods sold are accompanied by the necessary documents and original packaging.

7 2 . The time for delivery is between 1 and 3 working days. An exception is point 47.

7 3 . The delivery amount is EUR 3.50 incl. VAT.

7 4 . The delivery of orders, including goods of value over 50 lev . (VAT included) is free for the customer.

7 5 . The details regarding the terms of delivery of the goods are indicative and the Seller is not bound by them to make the delivery on a specific date. The client is not entitled to any compensation in case of delayed delivery.

7 6 . Deliveries are made from Monday to Friday between 09.00 and 18.00 o’clock, with the exception of festive (holiday) days. There may be an exception for settlements with special service schedule.

7 7 . On the day of delivery, the customer receives a SMS and / or an email from the courier stating that there is a shipment to receive. If the customer is not found on the agreed day and place and there is no other person to accept the shipment for him, the courier leaves a note that he has visited the address and contact details. The consignment returns to the courier’s office upon request. If the customer does not contact the Seller or the courier company the next day, the order is considered cancelled.

78 . The customer has the opportunity to open and examine the contents of the shipment before paying to the courier.

79 . beMe or a courier company representative notifies the customer by phone or email if unforeseen circumstances prevent the timely implementation of the delivery.

80. The Customer agrees that the certification of the goods received may be made by a person, for whom, in the circumstances, it may be inferred that he will pass on the information to the client – party to the contract.

8 1 . 81. The customer must inspect the goods at the time of delivery and transmission by the Seller or courier, and if there are any inconsistencies with the order, to notify the Seller immediately.

8 2 . The risk of loss or damage to the purchased goods passes to the customer at the moment when the client or a third party designated by him or her, other than the one chosen by beMe Courier Company accepts the goods.

TRANSFER OF OWNERSHIP

83. The ownership of the goods shall be transferred with the delivery of the goods to the customer, after payment has been made by him. The delivery of the goods will be certified by the client’s signature of the transport document provided by the courier.

CONTRACTORS

8 4 . 84. The seller has the right to use subcontractors without having to notify or obtain the client’s consent. Seller will be responsible for the actions of these subcontractors.

INTELLECTUAL PROPERTY

8 5 . All content, including, but not limited to, images, design, software, bases data, information and any other content published on the site is the property of beMe or third parties, in which case beMe is authorized to use.

86. All content to which the client has access is protected by law, unless accompanied by a written consent to use between beMe and client or third party.

87. The remote contract does not authorize the client to copy, distribute, and provide to third parties content of the site, also to change in any way whatsoever any part of the content of the site, except with the express consent of beMe.

CONFIDENTIALITY

88. The Client agrees that by providing their personal data to the Seller, they may be used for any lawful purposes without the Seller having to ask the Client for their consent to process them in each individual case.

89. beMe may, without the consent of the customer, collect other information such as, but not limited to, IP address, operating system, visit time, location from which the site is accessible, name and version of the web browser, and other data provided by the web browser used to access the site.

90. The Client may refuse from the collection of personal information and request its deletion, thereby withdrawing its consent from the General Terms and Conditions, without further obligation from each of the parties to the other and / or without any party being held liable for any harm to the other. The exercise of this right is made in writing through the means of contacting the Seller.

91 . By providing/giving their personal data to the Seller as, but not only, email , phone , the customer gives consent to the Seller and third parties who are partner to beMe to contact him by them.

9 2 . Customer is responsible for the protection of the confidentiality of his/her password and account and is responsible for all actions, carried out by his account.

PERSONAL DATA

93. beMe collects, processes and stores personal data of individuals, in compliance with the regulatory requirements of Regulation (EU) 2016/679 of the EU and the Council of the Law on the protection of personal data in connection with the activities performed by the company. One part of this personal information is collected in connection with the legal requirements for beMe, the other part is based on the needs to fulfil the contracts concluded with the clients, and the third part is based on the explicit consent of the subjects of this data for marketing purposes and analysis. More detailed information regarding the protection and use of personal data is contained in the Privacy Policy and The privacy policy of beMe, which is an integral part of these General Terms and Conditions.

94. According to the Law on the Protection of Personal Data, the user has the right to access his own personal data which he has entered, as well as to the correction of such Personal data.

95. The personal data of the client may be provided to the relevant state bodies, on the grounds and within the law, and upon their explicit request.

RESPONSIBILITY

96. The Seller shall not be liable for any damage suffered by the Client or by third parties as a result of force majeure circumstances or those which are beyond the control of the Seller.

97. The seller is not responsible for physical or mental disabilities as well as allergic reactions resulting from the use of the products. beMe products are not recommended for pregnant women, nursing mothers, and children under 18 years of age. The products in the beMe store are not a medicine or a substitute for it. If you are hesitant about the effects of any of the ingredients of the products listed on the package of each product on your physical or mental condition, we recommend consulting your doctor before using the products.

98. beMe is not responsible for the actions of any person who uses the content of the site.

99. beMe shall not be liable for any damages, direct, indirect, incidental or other, resulting from the use or inability to use the site or for any errors or omissions in the content that may lead to harm.

100. beMe does not guarantee to the customer the availability of any product, access to the site, account, content, products and services and shall not be liable for any damages resulting from the customer or from third parties.

101. beMe offers no guarantee that the goods will meet the customer’s requirements or expectations.

102. beMe shall under no circumstances be liable for any damages, including but not limited to lost benefits, loss of information, interruption of activity resulting from the use, inability to use, or the results of the use of the site.

103. In all other cases the Seller’s liability is limited to the value of the goods ordered and paid for by the customer.

1 0 4 . Upon creation of an account, the customer agrees by default to receive brochures , notices , bulletins and other special offers from beMe.

105. The Client may at any time refuse to receive special offers, brochures and notices: By using the special link contained in each special offer; by using a special part in his/hers account; by calling the Seller’s contacts; Written by email.

106. By accepting these terms, the client agrees to receive by default calls, messages and short text messages, with or without human intervention, which are necessary for the execution of the concluded contract..

107. The Client may at any time refuse to receive messages and short text messages by calling the Seller’s contacts or in writing. via e-mail.

108. beMe reserves the right to remove individual Client contacts from its database without any further commitments and without further notice.

109. beMe does not distribute unsolicited commercial communications within the meaning of the Electronic Commerce Act.

110. Refusal to receive special offers and notices does not constitute a waiver of this Agreement.

FORM MAJOR CIRCUMSTANCES

111. The parties are not responsible for the failure to fulfil their contractual obligations if it is due to force majeure circumstances.

112. If, within 14 days of the occurrence of force majeure circumstances, they cannot be overcomed, either party has the right to ask the other to terminate the contract without any party being liable for damages.

DISPUTES AND APPLICABLE LAW

113. This Document has been prepared and will be interpreted in accordance with Bulgarian law and legislation.

114. By using, visiting the Site, browsing and other of any content, product, accessible and / or delivered in any way, the Client agrees to these General Terms and Conditions.

115. Disputes that may arise between the customer and beMe will be settled by mutual agreement through mutual concession. If this is not possible, the dispute will be referred to the Sofia Arbitration Tribunal of the International Justice and Arbitration Association according to its rules. This arbitration clause does not apply to clients of individuals. Disputes with clients – individuals will be referred to the tribunal and the locally competent Bulgarian court.