TERMS AND CONDITIONS OF USE

GENERAL CONDITIONS

PEACH PUMP Terms and Conditions for use of the INTERNET SHOP https://peach-pump.com and for making purchases of goods through it

I. SUBJECT MATTER AND LEGAL SIGNIFICANCE

Art. 1 (1) These General Terms and Conditions have been accepted by PJSC PJSC (hereinafter referred to only as “Provider”) and shall govern:

– website terms of use https://peach-pump.com (hereinafter referred to only as the “Website”) by Users of the services offered by it;

– the terms, conditions and manner of concluding purchase contracts between the Provider and the Users of the Site;

– the rights and obligations of the Supplier and the respective Users under the purchase contracts concluded between them, including the terms and methods for delivery of the ordered goods, their payment and receipt, the conditions and procedure for making claims and return of purchased products.

(2) Acceptance of these Terms and Conditions by the Users of the Site is a mandatory condition for the conclusion of a purchase contract between the Supplier and the User and for the delivery of the ordered goods.

(3) The Supplier shall have the right, but not the obligation, to enter into legal relations and to make deliveries to Users who have not accepted these General Terms and Conditions.

(4) Acceptance of these General Terms and Conditions by Users is done by checking the box (checkbox) “I have read and accept the General Terms and Conditions” within the registration procedure or order placement by a User with “guest” status on the Site and after the User has entered the personal data required by these procedures.

(5) The Terms and Conditions are published in a prominent place on the Site and are available to any visitor.

(6) The publication of goods on the Site shall be deemed a public invitation to make a corresponding offer to the Supplier for the conclusion of a purchase contract within the meaning of Article 290, para. 1 of the Commercial Act.

(7) The checking of the box (checkbox) “I have read and accept the Terms and Conditions” within the registration procedure or the placing of an order by a User with “guest” status on the Site creates an irrebuttable presumption that:

1) The User has read the Terms and Conditions before accepting them and that he accepts them. By checking the box (checkbox) “I have read and accept the Terms and Conditions” the User makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, by which he declares that he is familiar with these Terms and Conditions and accepts them.

2) The User has made an offer (offer) to conclude a distance purchase contract(s) (In case the User has the status of a “consumer” within the meaning of the Consumer Protection Act)

II. DATA ABOUT Peach Pump Ltd.

Art. 2. Information under the E-Commerce Act and the Consumer Protection Act:

1. Název dodavatele: “Peach Pump” OOD

2. Registered office and management address. Bulgaria, Varna, Varna, str. Graf Ignatiev 32, e-mail: [email protected]

3. Adresa pro výkon činnosti a adresa pro podávání stížností uživateli: Bulharsko, region Varna, obec Varna, město Varna, ulice „Graf Ignatiev“ 32, e-mailová adresa: [email protected]

4. Korespondenční údaje: Bulharsko, region Varna, obec Varna, město Varna, ulice „Graf Ignatiev“ 32, e-mailová adresa: [email protected] telefon: +359 884 414 464

5. Entry in public registers. Entry in public registers: EIK 206826362 (Commercial Register and Register of Non-Profit Legal Entities at the Registration Agency)

8. Information on other means of online communication provided by the Provider, which ensure that Users and User-Consumers can store on a durable medium any written correspondence with the Provider, including the date and time of such correspondence: in addition to communication by e-mail, the Provider shall provide the possibility of online communication with Users and User-Consumers through the following channels:

8.1. By sending messages through the Provider’s Facebook page, located at e-mail. address: https://www.facebook.com/peach.pump.sportswear In case Users and User-Consumers wish to use this communication channel, they can send messages to the Provider via the “Send message” button on the Provider’s Facebook page mentioned above. In this case, the response to the message sent in this way will be given by the Provider through the same communication channel – through the service of the Provider’s Facebook page for the exchange of written messages.

8.2. By sending messages via the Provider’s website on another social media (Instagram, Twitter, Tic-Tok, etc.), in case such page is maintained by the Provider. In these cases, Users and User-Users may send messages to the Provider via the private messaging section of its website on the relevant social media. The response to the message so sent will be given by the Provider via the same communication channel – through the written message exchange service on the Provider’s website on the relevant social media.

III. SITE CHARACTERISTICS

Art. 3. The site is an e-shop, available at https://peach-pump.com through which Users have the opportunity to conclude contracts for the purchase and delivery of goods offered on the Site, including the following:

1. To register and create an account to view the Site and use the additional information services;

2. Submit purchase orders as a “guest” of the Site without first creating a customer profile of the User;

3. To review the goods, their characteristics, prices and delivery terms;

4. To conclude contracts for the purchase and delivery of the goods offered by the Site;

5. To make any payments in connection with the concluded contracts with the Site, according to the electronic means of payment supported by the Site.

6. To receive information about new products offered by the Site;

7. To make electronic statements in connection with the conclusion or performance of contracts with the Site through the interface of the Site’s page accessible on the Internet;

8. To be notified of the rights arising from the law, primarily through the interface of the Site’s web page.

Art. 4. The Supplier delivers the goods and guarantees the rights of the Users provided for by law, within the framework of good faith and the criteria and conditions accepted in practice, consumer or commercial law.

Art. 5. (1) Users shall make an offer for the conclusion of a contract for the purchase and sale of the goods offered by the Site through the interface of the Provider, available on its website at https://peach-pump.com . Upon acceptance of the offer by the Supplier in accordance with these General Terms and Conditions, the Contract shall be deemed concluded (in Bulgarian).

(2) By virtue of the contract with the Users for the purchase and sale of goods, the Supplier undertakes to deliver and transfer the ownership of the goods specified by the User through the interface.

(3) Users shall have the right to correct errors in the input of information no later than the date of their offer to conclude the contract with the Supplier. The Supplier shall provide appropriate, effective and accessible means to detect and correct errors in the input of information before the contractual statement is made, as follows: the possibility shall be provided to : remove an item from the shopping basket; add items to the shopping basket; increase or decrease the quantity ordered of a particular item; change the delivery address or the chosen payment method.

(4) Users shall pay the Supplier remuneration for the delivered goods in accordance with the terms set out on the Site and these General Terms and Conditions. The remuneration shall be the price announced by the Provider on the address of the Site on the Internet, provided that the Provider has confirmed the User’s order under the terms of these Terms and Conditions.

(6) The Supplier shall be entitled to unilaterally change the prices indicated on the Site, as the price change shall be effective only for contracts concluded after its announcement on the Site.

(8) The prices referred to in paragraph (4) do not include the transport costs of the delivery, which shall be charged and paid by the User in addition to the above prices.

(9) The cost of delivery of the ordered goods to an address in the Republic of Bulgaria shall be as follows:

Shipping costs are the responsibility of the customer and are calculated automatically at the last step “Order” based on weight after selecting the courier company and delivery method. The trader reserves the right to provide promotional terms within which to bear the delivery costs at his own expense. Prior to dispatch of the ordered goods, the trader is entitled to contact the consumer by telephone to clarify the details of the order and/or delivery.

(10) The Supplier shall deliver the goods ordered by the Users within the terms and conditions set by the Supplier on the Site and in accordance with these Terms and Conditions.

SHIPPING AND DELIVERY TO OTHER COUNTRIES:

We offer delivery to office, address and APS (automatic postal station) via courier companies SPEEDY/DPD, CEE Economy service.

Country	Price*	Delivery time:
Romania	3€	3-4 working days
Greece	3€	3-4 working days
Poland	5€	3-4 working days
Slovakia	5€	3-4 working days
Czech Republic	5€	3-4 working days
Slovenia	5€	3-4 working days
Hungary	5€	3-4 working days
Croatia	5€	3-4 working days

*The cost of delivery shall be borne by the Customer. The costs listed are indicative based on SPEEDY, DPD, CEE Economy service. Exact shipping costs are automatically calculated at the last “Order” step, based on weight, after selecting a shipping method and before payment.

(11) The public invitation sent by the Provider through the Site pursuant to Art. 290, par. 1 of the Commercial Code shall be valid until the quantities of the respective goods are exhausted. The maximum quantity allowed for an online order of one item is ____ pieces.

Art. 6. (1) The User and the Provider agree that all statements between them in connection with the conclusion and performance of the Purchase and Sale Agreement may be made electronically and by electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Article 11 of the Electronic Commerce Act.

(2) Electronic statements made by Users of the Site are presumed to have been made by the persons indicated in the data provided by the User when registering, if the User has entered the corresponding username and password.

(3) Incapable persons are not allowed to make electronic statements through the website. In accordance with the established (and only possible) practice worldwide, the verification of the age of the Users is done by a corresponding electronic statement by them, within the process of exchange of electronic statements through the site.

(4) The Provider shall not be held liable in the event that electronic statements are sent to it by a person who is not the owner of the respective username and password, but has used the same. The responsibility for maintaining the secrecy of the respective username and password rests with the owner.

(5) The Provider shall not be liable in the case of electronic statements sent to it by an incapable person. The responsibility for restricting and regulating minors’ access to the Site rests entirely with their parents, guardians and custodians.

IV. REGISTRATION TO USE THE SITE. CUSTOMER STATUS OF “GUEST” ON THE SITE

Art. 7. (1) In order to use the Site for concluding contracts for the purchase and sale of goods, the User shall enter a username and password for remote access chosen by the User.

(2) The Site also provides the opportunity for Users with “guest” status to place orders, in which case no customer profile, username and password are generated for the User.

(3) The name and password for remote access shall be determined by the User by performing online registration on the Site, in accordance with the procedure set forth herein. The status of a registered User enables the use of discounts for the turnover of purchases – as specified in Article 5, paragraph 5 of these General Terms and Conditions.

(4) By filling in his/her details and clicking on the button “I have read and accept the General Terms and Conditions” (within the procedure of registration of a customer profile or placing an order by a User with “guest” status on the Site), the User declares that he/she is familiar with these General Terms and Conditions, agrees with their content and undertakes to unconditionally comply with them.

(5) The Provider confirms the registration made by the User by sending a letter to the e-mail address specified by the User. The User’s account is created and a contractual relationship is established between the User and the Provider.

(6) When registering, the User undertakes to provide correct and up-to-date data. The User undertakes to promptly update the data specified in his registration in the event of a change.

V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT

Art. 8. Users primarily use the interface of the Supplier’s website to conclude contracts for the purchase and sale of the goods offered by the Supplier on the Site.

Art. 9. Users shall conclude the Purchase and Sale Agreement with the Supplier in accordance with the following procedure:

(1) Performing registration on the Site and providing the necessary data if the User has not yet registered on the Site (orders from Users with a registered customer account) or placing a purchase order from a person with “guest” status on the Site (orders from Users with “guest” status on the Site).

(2) Login to the system for placing orders on the Site by identifying with a name and password, respectively, by using the procedure for placing orders by Users with the status of “guests” on the Site;

(3) Selecting one or more of the goods offered on the Site and adding them to a list of goods for purchase.

(4) Selection of goods from the list of goods to be purchased, for which a contract of sale and purchase shall be concluded.

(5) Provision of data for making the delivery;

(6) Choice of method and time of payment of the price.

(7) Confirmation of the order, which has the legal meaning of an offer from the User to the Supplier.

(8) Acceptance of the User’s offer by means of an explicit electronic statement of the Supplier containing the number of the order placed by the User and the number of the bill of lading for sending the relevant goods to the address specified by the User. For the avoidance of doubt, by accepting these Terms and Conditions, Users agree that the Supplier may refuse order confirmation and delivery of the relevant goods in the following cases:

1. The relevant goods ordered by the Users are not available with the Supplier at the time of processing of the relevant order by the Supplier or were intended for delivery under previously processed orders;

VI. CONCLUSION, CONTENT AND STORAGE OF THE CONTRACT

Art. 10. (1) The purchase contract between the Supplier and the User shall be deemed to be concluded at the moment when the Supplier confirms the User’s order by an e-mail message to the User, indicating in the confirmation the order number and the bill of lading number for sending the relevant goods to the address specified by the User. The order confirmation is sent to the e-mail address specified by the User when registering as a customer, respectively – when placing the order. Confirmation of the order by indicating the number of the bill of lading for the shipment of the respective goods shall have the legal effect of acceptance of the offer made by the User pursuant to Article 290 of the Commercial Law.

(2) The concluded purchase and sale contracts shall be stored in the Supplier’s database.

(3) The Supplier and the Users shall be deemed to enter into separate contracts for the purchase and sale of each individual item requested by the Users, notwithstanding that the items are selected by a single electronic statement and from a single list of items for purchase.

(4) The Supplier may deliver the goods ordered by the individual purchase contracts together and simultaneously.

(5) The rights of the Users in relation to the delivered goods shall be exercised separately for each purchase contract. The exercise of rights in relation to goods delivered shall not affect or have effect in relation to contracts for the sale of other goods. In the event that the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract for the purchase and sale of certain goods shall not affect the contracts for the purchase and sale of other goods delivered to the User.

Art. 11. When exercising the rights under the contract of sale and purchase, the User is obliged to indicate accurately and unambiguously the contract and the goods in respect of which he exercises the rights.

Art. 12. (1) The User may pay the price for the individual purchase contracts in one lump sum when ordering the goods (in advance) or upon their delivery.

(2) The advance payment can be made by the following international bank cards: VISA (Visa Consumer Card or Visa Commercial Card), Visa Electron, VPay, MasterCard (MasterCard Credit Card, MasterCard Commercial Card or MasterCard Debit Card) with settlement in Bulgaria and international cards VISA (Visa Consumer Card or Visa Commercial Card), Visa Electron, MasterCard (MasterCard Credit Card, MasterCard Commercial Card or MasterCard Debit Card) with settlement abroad, as well as through bank cards bearing the trademark of the national operator BORICA, Maestro cards with settlement in Bulgaria.

(3) If the User has chosen to pay for the goods upon receipt, payment shall be made at the time of delivery by the courier company Speedy AD, by cash on delivery and shall include the price of the goods and (to the extent applicable) the transport costs under Art. 9 of these General Terms and Conditions or through the reputable company STRIPE which provides a fast, secure and easy payment process

(4) In case the User has chosen to pay for the goods upon receipt, but the Supplier has chosen to send the goods via a third party, the payment shall be made at the time of delivery by Speedy Courier JSC, via the Postal Money Order (PMO) service and shall include the price of the goods and (to the extent applicable) the transport costs under Art. 9 of these General Terms and Conditions.

(5) The ordered goods may only be received by the following persons, provided that the person concerned is an adult:

– the buyer – accordingly individualized according to the customer account data or the respective purchase order;

– a person authorised by the buyer to receive the goods with the order itself;

– a person expressly authorised by the buyer to receive the goods by a duly written power of attorney;

– a person who has expressly confirmed the authenticity and identity of the goods ordered and has agreed to pay for them in cash on behalf of the buyer.

(6) In the event that a person referred to in paragraph (5) is not found at the address specified in the order within the time limit for delivery or access and conditions for delivery of the goods are not provided within that time limit, the Supplier shall be released from its obligation to deliver the goods subject to the purchase order.

(7) In the event that the User confirms his/her wish to receive the ordered goods and after the expiry of the delivery period in which he/she was not found at the address, he/she shall bear the costs of the additional delivery at his/her own expense. The cost of the second delivery is payable on receipt of the goods, together with the total amount of the order and the first delivery.

(8) Upon receipt of the goods, the person referred to in paragraph (5) shall sign a document certifying receipt of the delivery.

VII. SPECIAL CLAUSES APPLICABLE TO PERSONS HAVING THE CAPACITY OF CONSUMERS

Art. 13. The rules of this Section VII of these General Terms and Conditions shall apply only to Users who, according to the data provided for the conclusion of the purchase contract or registration on the Site, may be inferred to be consumers within the meaning of the Consumer Protection Act, the Act on the Provision of Digital Content, Digital Services and the Sale of Goods, the Electronic Commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of contracts for the sale of goods. (hereinafter referred to as “User-Users”)

Art. 14. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the Site.

(2) The price of the goods including all taxes and fees shall be determined by the Supplier in the profile of each item on the Site.

(3) For orders with a delivery address within Bulgaria, the value of transport costs not included in the price of the goods shall be as follows

Shipping costs are the responsibility of the customer and are calculated automatically at the last step “Order” based on weight after selecting the courier company and delivery method. The trader reserves the right to provide promotional terms within which to bear the delivery costs at his own expense. Prior to dispatch of the ordered goods, the trader is entitled to contact the consumer by telephone to clarify the details of the order and/or delivery.

(4) The methods of payment, delivery and performance of the Contract shall be set out in these General Terms and Conditions and the information provided to the User via the Site.

(6) The information provided to the Users-Consumers under this Article is up-to-date at the time of its visualization on the Site prior to the conclusion of the Purchase Agreement.

Art. 15. (1) The User-Consumer agrees that the Supplier is entitled to accept advance payment for the contracts concluded with the User for the purchase and delivery of goods.

(2) The user-consumer shall independently choose whether to pay the Supplier the price of the goods before or at the time of delivery. Advance payment can be made via the following international bank cards: VISA (Visa Consumer Card or Visa Commercial Card), Visa Electron, VPay, MasterCard (MasterCard Credit Card, MasterCard Commercial Card or MasterCard Debit Card) with settlement in Bulgaria and international cards VISA (Visa Consumer Card or Visa Commercial Card), Visa Electron, VPay, Maestro, MasterCard (MasterCard Credit Card, MasterCard Commercial Card or MasterCard Debit Card) with settlement abroad, as well as through bank cards bearing the trademark of the national operator BORICA, Maestro cards with settlement in Bulgaria.

Art. 16. (1) The user-consumer shall have the right to withdraw from the distance contract or the off-premises contract without giving any reason, without compensation or penalty and without paying any costs, except for the costs provided for in Article 54(1). 3 and Article 55 of the Consumer Protection Act, within 14 days from the date of:

1. conclusion of the contract – in case of a contract for services;

2. acceptance of the goods by the consumer or by a third party other than the carrier and designated by the consumer – in the case of a contract of sale, or:

(a) where the consumer has ordered multiple goods in a single order which are delivered separately, from the date on which the consumer or a third party other than the carrier and specified by the consumer takes delivery of the last good;

(b) in the case of delivery of goods consisting of multiple lots or parts, from the date on which the consumer or a third party other than the carrier and designated by the consumer accepts the last lot or part;

(c) in the case of contracts for the regular delivery of goods, which shall take place over a specified period of time from the date on which the consumer or a third party other than the carrier and designated by the consumer takes delivery of the first goods;

Standard guidelines for the exercise of the right of withdrawal pursuant to Article 47, paragraph 4 of the CPA are attached to these General Terms and Conditions as Annex 1.

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

1. 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 period for exercising the right of withdrawal;

2. for the delivery of goods which by their nature may deteriorate or have a short shelf life;

3. for the delivery of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;

4. for the supply of goods which, having been delivered, have by their nature become mixed with other goods from which they cannot be separated;

(3) Where the Provider has not provided the User-Consumer with the information required by law about his right to withdraw from the contract, the User-Consumer shall have the right to withdraw from the contract within one year and 14 days from the date referred to in para. 1 of this Article. Where the Provider provides the User-Consumer with the information on the right of withdrawal within one year from the date referred to in par. 1 of this Article, the User-Consumer shall have the right to withdraw from the contract within 14 days from the date of receipt of the legally required information on the right of withdrawal.

(4) Where the consumer wishes to withdraw from the distance contract, he shall inform the Supplier of his decision before the expiry of the period referred to in par. 1 of this Article. In such cases, the Provider shall immediately send to the User a confirmation of receipt of his/her refusal on a durable medium. In order to exercise the right of withdrawal, the User-Consumer may use the standard withdrawal form in accordance with Appendix No. 2 to these General Terms and Conditions, or otherwise state unequivocally his decision to withdraw from the contract. The user-consumer has exercised his right of withdrawal from the contract if he has sent a notice to the Supplier for exercising his right of withdrawal before the expiry of the period under par. 1 of this Article.

(5) Where the User-Consumer has exercised his right of withdrawal from the distance contract, the Supplier shall refund all sums received from the User-Consumer, including delivery costs, without undue delay and no later than 14 days from the date on which he was notified of the decision to withdraw from the contract.

If the User-Consumer exercises the right of withdrawal from the contract, the following rules shall also apply:

1. The Provider is obliged to reimburse the amounts received using the same means of payment used by the User-Consumer in the original transaction, unless the User-Consumer has expressly agreed to use another means of payment and provided that this does not entail any costs for him.

2. The Supplier shall not be obliged to reimburse the additional costs of delivery of the goods where the User-Consumer has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.

3. The Supplier shall be entitled to withhold payment of the User-Consumer’s sums until it has received the Goods or until the User-Consumer has provided proof that it has sent the Goods back, whichever is the earlier.

4. The User-Consumer must send or hand over the goods back to the Supplier or to a person authorized by him without undue delay and not later than 14 days from the date on which the User-Consumer has notified the Supplier of his decision to withdraw from the contract. The deadline shall be deemed to have been met if the User-Consumer sends or hands the goods back to the Supplier before the expiry of the 14-day period.

5. The User-Consumer must send or hand over the goods back to the Supplier or to a person authorised by the Supplier in good commercial condition, namely – retained original packaging, consumables and accessories, if any. Goods must not be used, used, torn, washed, ironed.

6. In case of exercising the right of withdrawal from the contract, the User-consumer shall pay only the direct costs of returning the goods.

7. The user-consumer shall be liable only for the diminished value of the goods caused by testing them other than necessary to ascertain their nature, characteristics and proper functioning.

8. In the event that the User-Consumer is liable for the reduced value of the goods in the hypotheses under clause 5 and clause 7 above, the Supplier shall be entitled to deduct a corresponding amount from the payment to the User-Consumer. In such cases, a protocol shall be drawn up between the Supplier and the relevant courier company, which shall certify the condition of the goods upon receipt by the Supplier.

(6) The user-consumer shall be obliged to keep the goods received from the Supplier, their quality and safety during the period referred to in paragraph 5.

Art. 17. (1) The Supplier shall provide the User-Consumer with goods that comply with the individual contractual compliance requirements, the objective compliance requirements and the requirements regarding non-compliance due to improper installation or installation of the goods, insofar as applicable and subject to the compliance requirements under Article 27, Article 28 and Article 29 of the Act on the Provision of Digital Content, Digital Services and the Sale of Goods.

(2) The supplier shall be liable for any non-conformity of the goods which exists at the time of delivery of the goods and which occurs within two years from that time.

(3) Any non-conformity which appears within one year after the delivery of the goods shall be presumed to have existed when the goods were delivered, unless the contrary is proved or unless such presumption is inconsistent with the nature of the goods or the nature of the non-conformity.

(4) Where the goods do not meet the individual requirements for conformity with the contract, the objective requirements for conformity and the requirements for the installation or installation of the goods, the consumer shall be entitled:

1. make a claim by asking the seller to bring the goods into conformity;

2. receive a proportional price reduction;

3. to cancel the contract.

(5) In the cases referred to in paragraph (4)(1), the consumer may choose between repair or replacement of the goods, unless this proves impossible or would lead to disproportionate costs for the Supplier, taking into account all the circumstances of the particular case, including:

1. the value the goods would have if there were no lack of conformity;

2. the significance of the discrepancy, and

3. the ability to provide the other remedy to the consumer without significant inconvenience to the consumer.

(6) The supplier may refuse to bring the goods into conformity if repair and replacement are impossible or would involve disproportionate costs for him, taking into account all the circumstances, including those referred to in paragraph 5(1) and (2).

(7) The user-consumer shall be entitled to a proportional reduction of the price or to terminate the sales contract in the following cases:

1. the supplier has failed to repair or replace the goods in accordance with Article 18(2) and (3) or, where applicable, has failed to repair or replace them in accordance with Article 18(2) and (3). 3 and 4 or the Supplier has refused to bring the goods into conformity in accordance with paragraph 6 of this Article;

2. non-conformity appears despite the actions taken by the Supplier to bring the goods into conformity; in case of non-conformity of durable goods and goods containing digital elements, the Supplier shall be entitled to make a second attempt to bring the goods into conformity within the warranty period under paragraph 2 of this Article;

3. the discrepancy is so serious as to justify an immediate reduction in price or cancellation of the contract of sale, or

4. The Supplier has stated or it is clear from the circumstances that it will not bring the Goods into conformity within a reasonable time or without significant inconvenience to the User-Consumer.

(8) The user-consumer shall not be entitled to terminate the contract if the discrepancy is insignificant. The burden of proof as to whether the discrepancy is minor shall be on the Supplier.

(9) The User-Consumer is entitled to refuse payment of the remaining part of the price or part of the price until the Supplier has fulfilled its obligations to bring the goods into conformity.

Art. 18. The repair or replacement of the goods shall be carried out free of charge within a reasonable period of time after the User-Consumer has notified the Supplier of the non-conformity and without significant inconvenience to the latter, taking into account the nature of the goods and the purpose for which they were needed by the User-Consumer.

(2) For goods other than goods containing digital elements, the repair or replacement of the goods shall be carried out free of charge within one month of the User-Consumer notifying the Supplier of the discrepancy and without significant inconvenience to the latter, taking into account the nature of the goods and the purpose for which they were needed by the User-Consumer.

(3) Where the non-conformity is remedied by repair or replacement of the goods, the User-Consumer shall place the goods at the disposal of the Supplier. In case of replacement of the goods, the Supplier shall take the replaced goods back from the User at its own expense.

(4) Where the carrying out of repairs requires the removal of goods which have been installed in accordance with their nature and purpose before the non-conformity occurs, or where such goods are to be replaced, the Supplier’s obligation to repair or replace the goods shall include the removal of the non-conforming goods and the installation of replacement goods or of the repaired goods, or bearing the cost of removing and installing the goods.

(5) The user-consumer shall not owe payment for the normal use of the replaced goods for the time prior to their replacement.

Art. 19. In the case of a price reduction pursuant to Article 17(4), para. 2 the reduction in price shall be in proportion to the difference between the value of the goods received by the User-Consumer and the value the goods would have had if there had been no lack of conformity.

Art. 20. (1) The user-consumer shall exercise his right under Article 17, paragraph 4, item 3 to terminate the contract by an application to the Supplier informing him of his decision to terminate the sales contract.

(2) Where the non-conformity relates only to some of the goods supplied pursuant to the contract of sale and there is a ground for rescission of the contract pursuant to Article 17, the User-Consumer shall be entitled to rescind the contract of sale only in respect of those goods which do not conform and in respect of any other goods which he has acquired together with the goods which do not conform if it cannot reasonably be expected that the User-Consumer will agree to retain only the goods which conform.

(3) Where the User-Consumer cancels the contract of sale in whole or in part only in respect of some of the goods delivered pursuant to the contract of sale, he shall return such goods to the Supplier without undue delay and not later than 14 days from the date on which the User-Consumer notified the Supplier of his decision to cancel the contract of sale. The deadline shall be deemed to have been met if the User-Consumer has returned or sent the goods back to the Supplier before the expiry of the 14-day period. All costs for returning the goods, incl. dispatch of the goods shall be at the expense of the Supplier.

(4) The Supplier shall reimburse the User-Consumer the price paid for the goods after their receipt or upon presentation of proof by the User-Consumer of their shipment to the Supplier. The Provider is obliged to reimburse the amounts received using the same means of payment used by the User-Consumer in the original transaction, unless the User-Consumer has expressly agreed to use another means of payment and provided that this does not entail any costs for him.

Art. 21. (1) The user-consumer may exercise his rights under Article 17 – Article 20 within two years from the delivery of the goods.

(2) The period referred to in par. 1 shall cease to run during the time necessary for the repair or replacement of the goods.

(3) The exercise of the rights of the User-consumer under par. (1) shall not be subject to any time limits for bringing a claim other than those under par. 1.

Art. 22. (1) In cases where the Supplier is liable for non-conformity of the goods, the User-Consumer has the right to claim under the rules of this Article.

(2) The user-consumer has the right to claim the goods regardless of whether the manufacturer or the Supplier has provided a commercial guarantee for the goods.

(3) Where the manufacturer or the Supplier has provided a commercial warranty for the goods and the goods are brought into conformity by replacement, the Supplier shall be obliged to maintain the original warranty conditions for the User. When the complaint is satisfied by repairing the goods, the repairs carried out shall be reflected in the warranty card and the repair period shall be added to the warranty period.

(4) A complaint of goods shall be made orally or in writing to the Supplier or to a person authorised by him.

(5) When submitting a claim, the User shall indicate the subject of the claim, his preferred method of satisfying the claim, respectively the amount claimed, and a contact address.

(6) When submitting a claim, the User must attach the documents on which the claim is based:

1. receipt, invoice or document certifying payment;

2. reports, acts or other documents establishing the non-conformity of the goods;

3. other documents establishing the basis and amount of the claim.

(7) The claim for the goods may be made within two years from the delivery of the goods.

(8) The period referred to in par. 7 shall cease to run during the time necessary to bring the goods into conformity.

(9) If the manufacturer or the Supplier has provided a commercial guarantee for the goods and the period of the guarantee is longer than the period for making a claim under par. 7, the claim may be submitted until the expiry of the commercial warranty period under the conditions specified therein.

(10) The Supplier shall maintain a register of claims for goods made against him and persons authorised by him at each of the places referred to in par. 12 of this Article.

(11) When submitting a claim, the Supplier or the person authorized by the Supplier shall necessarily describe it in the register, and the User-Consumer shall be issued a document containing the date, the number under which the claim is entered in the register, the type of goods and the signature of the person who accepted the claim.

(12) Claims shall be accepted during business hours at the outlet where the goods were purchased or on the Supplier’s website where the goods were ordered and at the Supplier’s registered office. The claim may also be filed in any of the Supplier’s outlets in the territory of the country, where similar commercial activity is carried out as in the outlet where the goods were purchased.

(13) The right to choose the place for filing the claim belongs entirely to the User.

(14) When the Supplier satisfies the complaint, he shall issue a certificate to that effect, which shall be drawn up in two copies, and shall provide one copy to the User-consumer.

(15) Filing a claim with the Supplier shall not preclude the User-Consumer from filing a claim in court.

Art. 23. (1) The term of delivery of the goods is determined for each item separately upon conclusion of the contract with the User-consumer through the Site.

(2) In case the User and the Supplier have not set a delivery period, the delivery period of the goods shall be 30 working days from the date following the sending of the order through the Site.

(3) If the Supplier is unable to perform the contract because it does not have the ordered goods, it shall notify the User-Consumer and refund the amounts paid by him within 14 working days from the date on which the Supplier should have performed its obligation under the contract.

(4) In the cases referred to in par. (3) of this Article, the Supplier may deliver to the User-consumer goods or services of the same quality and price, where this possibility has been expressly provided for before the conclusion of the contract or in the contract itself. In this case, he shall notify the consumer in a clear and comprehensible manner of the change in the performance of the contract.

(5) Where, under the terms of paragraph 4, the Supplier performs other than what is due and the User-Consumer exercises his right of withdrawal from the concluded contract, the costs of returning the goods shall be borne by the Supplier, for which he shall notify the User-Consumer.

Art. 24. The Supplier undertakes to comply with all requirements set out in Bulgarian legislation concerning the labelling, advertising and sale of goods through the Site.

VIII. WARRANTY SERVICE

Art. 25 The risk of damage to the product during use by the user shall be borne entirely by the user and shall be at his expense.

Art. 26 All goods sold in the e-shop have a legal guarantee of conformity of the goods with the contract of sale in accordance with the Law on the Provision of Digital Content, Digital Services and Sale of Goods or other applicable legislation.

Art. 27 Warranty service does not include and does not apply to:

1. A product that has been used without following the instructions in the instructions for use.

2. A product that is found to have been misused.

3. Damage resulting from negligent use, storage in an unsuitable environment or use for purposes other than the intended use of the product.

4. Removal of defects resulting from the impact of external forces – natural disasters, sunshine, fractures after impact with a hard object or accident, industrial fumes, aggressive detergents, etc. similar.

Art. 28 (1) In the event that a commercial guarantee has been granted for the goods, it shall be binding on the person who grants it in accordance with the conditions set out in the application for the granting of a commercial guarantee or in the related advertising available before or at the time of conclusion of the contract.

(2) Where the terms and conditions stated in the application for the provision of a commercial guarantee are less favourable to the User-Consumer than those in the related advertisement, the commercial guarantee shall be binding on the person providing it in accordance with the terms and conditions set out in the advertisement concerning the commercial guarantee, except where, prior to the conclusion of the contract, the advertisement concerning the commercial guarantee has been adjusted in the same way as that in which it was made or in a similar way.

(3) The application for a commercial guarantee shall be provided to the consumer on a durable medium at the latest upon delivery of the goods.

(4) The application for a commercial guarantee shall include the following information:

1. a clear indication that, in the event of non-conformity of the goods, the consumer has legal remedies against the Supplier which do not involve costs to the consumer and that the commercial guarantee does not affect these remedies of the consumer;

2. the name and address of the person providing the commercial guarantee;

3. the procedure to be followed by the consumer in order to obtain enforcement of the commercial guarantee;

4. an indication of the goods to which the commercial guarantee applies, and

5. the terms of the commercial guarantee.

(5) The information referred to in paragraph (4) shall be clear, understandable and easy to read and shall be provided in Bulgarian.

(6) Failure to comply with any of the requirements of paragraphs (4) and (5) shall not affect the binding nature of the commercial guarantee on the person providing the guarantee, and the consumer may rely on it and claim performance of what is stated in the application for the provision of the commercial guarantee.

(7) The provisions of this Article 28 shall apply only in the Supplier’s relations with buyers who have the status of consumers within the meaning of the Consumer Protection Act and the Act on the Provision of Digital Content, Digital Services and Sale of Goods.

IX. CONTRACT PERFORMANCE

Art. 29. (1) The Supplier shall deliver and hand over the goods to the User within the period specified at the conclusion of the contract.

(2) If the period referred to in par. 1 is not expressly agreed between the parties at the conclusion of the contract, the Supplier shall deliver and hand over the goods within a reasonable time, but not later than 30 working days.

Art. 30. (1) The User must inspect the goods at the time of delivery and handover by the Supplier and if they do not meet the requirements notify the Supplier immediately.

(2) If the User fails to notify the Provider in accordance with par. 1, the goods shall be deemed approved as conforming to the requirements, except for latent defects. This rule does not apply in relations with User-Consumers to whom the special rules of Section VII of these General Terms and Conditions and the applicable consumer protection legislation are applicable.

Art. 31. The supplier does not undertake to provide service for the goods.

Art. 32. For cases not covered by this section, the rules on commercial sale set out in the Commercial Act shall apply.

X. DATA PROTECTION

Art. 33. (1) The Provider shall protect the personal data of the Users made known when filling in the electronic form for placing a purchase order. Subject to applicable law and the provisions of these Terms and Conditions, the Provider may use the personal data of Users for the purposes set out in the contract – acceptance and execution of orders and contact with Users in case of problems related to the order.

(2) The user account of a particular User may be deleted from the database together with the information adjacent to it at any time at the User’s request.

(3) The Provider shall take measures to protect the User’s personal data in accordance with the Personal Data Protection Act.

(4) For reasons of security of the Users’ personal data, the Provider will only send the data to the e-mail address that was provided by the Users at the time of registration.

(5) The Provider shall be entitled to store data in the User’s terminal communication device, unless the latter expressly agrees to this. The User’s disagreement may be expressed at any time.

(6) The User agrees that the Provider is entitled to send at any time to the User e-mail messages related to the services under these General Terms and Conditions as long as the User’s registration in the Provider’s e-shop is available.

(7) By accepting these General Terms and Conditions, the User expressly agrees, within the meaning of Article 5 and Article 6 of the Law on Electronic Commerce, to receive messages via e-mail. email, Viber, Skype, WhatsApp, SMS or other text messaging platforms and applications, until you specifically object to receiving them. The Provider guarantees at any time the right of the User to opt out of receiving commercial communications under the preceding sentence.

(8) The User agrees that the Provider has the right to collect, store and process data about the User’s behaviour when using the Provider’s e-shop.

Art. 34. (1) At any time, the Provider has the right to require the User to identify himself and to certify the veracity of any of the circumstances and personal data declared during registration.

(2) In the event that for any reason the User has forgotten or lost his/her password, the Site provides the opportunity to generate a new password and to change the forgotten password at: http://hippoland.net/customer/account/forgotpassword/.

XI. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS

Art. 35. (1) These General Terms and Conditions may be amended by the Provider, for which the Provider shall notify the Users under already concluded contracts within 7 days from the occurrence of such circumstance to the e-mail address indicated by the User.

(2) Where the User does not agree with the amendments to the General Terms and Conditions, the User may withdraw from the contract without giving any reason and without any compensation or penalty, or continue to perform it under the General Terms and Conditions in force before the amendment.

(3) The User shall exercise his right under paragraph 2 by sending to the Provider a written notification within one month of receipt of the notification under paragraph 2. 1. Paragraph 2 shall not apply where the amendment to the General Terms and Conditions is the result of an order or direction of a competent authority.

(4) Amendments to the General Terms and Conditions shall bind the User under the Contract when the latter is notified thereof under the terms of par. 1 and has not exercised his right under paragraphs 2 and 3.

(5) 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 upon registration. The User agrees that e-mails sent pursuant to this Article need not be signed with an electronic signature in order to be effective against him.

Art. 36. The Supplier publishes these Terms and Conditions at https://peach-pump.com and https://peach-pump.com/terms-and-conditions together with any additions and amendments thereto.

XII. BREAK

Art. 37. These General Terms and Conditions and the contract between the User and the Provider are terminated in the following cases:

– in the event of dissolution and liquidation or bankruptcy of one of the parties to the contract;

– by mutual agreement of the parties in writing;

– in the event of objective impossibility of either party to the contract to perform its obligations;

– in case of seizure or sealing of the equipment by government authorities;

– in the event of cancellation of the User’s registration on the Site. In this case, the purchase contracts concluded but not executed shall remain valid and enforceable;

Art. 38. The Provider shall have the right to unilaterally terminate the Contract at its sole discretion, without notice and without compensation, if it finds that the User is using the Site in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria, generally accepted moral standards or generally accepted rules and practices in electronic commerce.

XIII. RESPONSIBILITY

Art. 39. User shall indemnify and hold harmless Provider from and against any and all third-party legal claims and other claims (whether or not meritorious) for all damages and expenses (including attorneys’ fees and court costs) arising out of or in connection with (1) User’s failure to perform any of User’s obligations under this Agreement, (2) User’s breach of any copyright, production, broadcast, or other intellectual or industrial property rights, (3) the wrongful assignment to others of rights granted to User during the term and subject to the conditions of this Agreement, and (4) the misrepresentation of the existence or absence of consumer status within the meaning of the Consumer Protection Act or other applicable law.

Art. 40. The Provider is not liable in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.

Art. 41. (1) The Provider shall not be liable for damages caused by the User to third parties.

(2) The Provider shall not be liable for the time during which the Site is unavailable due to force majeure.

(3) The Provider shall not be liable for damages resulting from comments, opinions and publications under the products, news and articles on the Site, including damage to the health of Users as a result of such comments, opinions or publications.

Art. 42. (1) The provider shall not be liable in the event that the security measures of the technical equipment are overcome 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 shall not be held liable in the event of conclusion of a purchase contract, provision of access to information, loss or change of data occurring as a result of false legitimation of a third party posing as the User, if it can be inferred from the circumstances that this person is the User.

XIV. OTHER CONDITIONS

Art. 43. (1) The User and the Provider undertake to protect each other’s rights and legitimate interests, as well as to protect their trade secrets that have become known to them in the process of performance of the contract and these General Terms and Conditions.

(2) The User and the Provider undertake not to make public any written or oral correspondence between them during and after the expiry of the contract period. The publication of correspondence in print and electronic media, internet forums, private or public websites, etc. may be considered public domain.

Art. 44. In the event of a conflict between these General Terms and Conditions and the provisions of a special contract between the Supplier and the User, the provisions of the special contract shall prevail.

Art. 454. The invalidity of any provision of these terms and conditions shall not invalidate the entire contract.

Art. 46. The laws of the Republic of Bulgaria shall apply to matters not covered by this Contract relating to the performance and interpretation of this Contract.

Art. 47. These terms and conditions have been adopted by Resolution of the OCC dated August 2022 and shall come into force with effect from .09.2022.