Terms and Conditions

Last updated: 08.10.2021

These general terms and conditions govern the relationship between Bee Smart Technologies AD, hereinafter referred to as “Merchant”, on the one hand, and the Users of websites and services located on the website www.pollenity.com, hereinafter referred to as users, from another.

Bee Smart Technologies AD is a company registered under the Commercial Law of the Republic of Bulgaria with UIC 205742609, address: Sofia, zh.k. Banishora, Gen. Ivan Chernaev 2, email address: [email protected].

Please read the published General Terms and Conditions in full before using the information and commercial services offered on the Site (hereinafter referred to as the Services).

This document contains information about the activities of Bee Smart Technologies AD and the general conditions for using the services provided by Bee Smart Technologies AD, regulating the relations between us and each of our users.

The confirmation of the General Terms and Conditions is a necessary and obligatory condition for concluding the distance contract between the User and the Merchant.

By accepting the General Terms and Conditions, the User agrees to have his personal data processed on the basis of a distance contract concluded between him and the Merchant.

Definitions

For the purposes of these general terms and conditions, the following terms shall be understood as follows:

Website – https://pollenity.com and all its subpages.

Consumer – any natural or legal person who acquires goods or uses services that are not intended for commercial or professional activity.

General Terms and Conditions – these General Terms and Conditions, which include terms of use, cookies, registration and delivery rules, voluntary dispute reduction, contract waiver and change forms and any other legally relevant information available on the Site.

Personal data – information about an individual that reveals a physical, psychological, mental, family, economic, cultural, or social identity.

Goods – movable tangible property, except for the items sold in case of compulsory execution or through other measures by bodies authorized by law, as well as items abandoned or confiscated in favor of the state, announced for sale by state bodies. Goods are also water, gas and electricity, when offered for sale, packaged in limited quantities or in certain quantities.

Distance selling contract – a contract under which the trader transfers or undertakes to transfer ownership of goods to the consumer, and the consumer pays or undertakes to pay the price for them, including contracts having as their object both goods and services.

Procedure for alternative settlement of consumer disputes – a procedure for out-of-court settlement of consumer disputes, meeting the requirements of the law and carried out by an entity for alternative settlement of consumer disputes.

Goods and Services

On the Site the Users have the opportunity to conclude contracts for purchase and sale of the goods and services offered by the Merchant:

Order

Users use the interface of the website to enter into contracts with the Merchant for the following goods and services offered.

2.1 The contract for purchase and sale of goods is considered concluded from the moment of confirmation of the order by the Merchant.

2.2. In the absence of stock of a product, the Merchant reserves the right to refuse the order.

2.3. After selecting one or more goods offered on the Merchant’s website, the User must add them to his list of goods to purchase.

2.4. It is necessary for the User to provide data for the delivery and to choose a method and time of payment of the price, after which to confirm the order through the interface of the site.

2.5. When placing an order, the User receives an e-mail confirmation that his order has been accepted.

2.6 In the case of purchasing a subscription package, the User creates his profile on the Merchant’s website through which to manage his subscription.

Right of withdrawal

The Merchant has the right to refuse to enter into a contract with a User who:

3.1. does not comply with the User with the General Terms and Conditions;

has an arrogant or rude attitude towards the representatives of the Merchant;
systematicaly abuses the Merchant.

Delivery

4.1 The delivery of the ordered goods is carried out by courier to an office or address for delivery on the territory of the European Union indicated by the User. Delivery is at the expense of the User, unless otherwise stated on pollenity.com.

4.2 Before shipping the ordered goods, the Merchant has the right to contact the User at the phone number or email address specified by her/him, in order to specify details of the order and / or delivery.

4.3 The Merchant is not responsible for non-fulfillment of an order in cases where the User has provided incorrect, incomplete and / or inaccurate personal data, including when she/he has provided an incomplete, inaccurate or fictitious address or telephone number.

4.4 Delivery takes place within the timeframes described under each delivery option in the order interface module. In exceptional circumstances, the Merchant reserves the right to extend the delivery period by promptly informing the User.

4.5 The ordered goods are delivered against a signature. Larger shipments (at the discretion of the courier) are delivered to the entrance of the building.

4.6 The consumer is obliged to inspect the goods at the time of delivery and to notify immediately in case of discrepancies, shortages and damages. If the User does not do so, it is assumed that the delivery is accepted without objection.

4.7 When making international deliveries, the rules for delivery and receipt of items to the relevant national postal service, as well as to the relevant national legislation of the country in which the consignee of the goods is located, apply.

4.8 All import fees when importing the goods are at the expense of the User. The consumer cannot claim a refund if he has refused to pay import duties or receive the shipment.

4.9 The Merchant reserves the right to change the available methods of delivery and payment and / or the conditions thereof at any time by publishing the available methods of delivery and payment on the website without further notice.

Prices

The prices of the offered goods are those indicated on the website of the Merchant at the time of placing an order, except in cases of obvious error. In case of announced promotion, the reduced price is considered basic for the whole period of the contract.

5.1. The prices of the goods include VAT, in the cases where its charging is envisaged.

Price changes
The Merchant reserves the right to change at any time and without notice the prices of goods offered on the site, and such changes will not affect orders already placed.

Discounts

The Merchant may provide discounts for the goods offered on the site in accordance with Bulgarian law and rules set by the Merchant. The rules applicable to such discounts are available at the place where the discount is displayed. Discounts can be provided in various forms (eg promotions, loyalty discounts provided individually, on a random basis or as a result of participation in a competition or customer survey).

7.1. Different types of discounts cannot be combined when ordering and purchasing the same product.

Payment

The user can pay the price of the ordered goods using one of the options listed on the website. Payment is possible on the Site by the following methods:

by credit or debit card

8.1 If the User chooses the option of delivery by courier and payment by cash on delivery, she/he must pay the price of the ordered items together with the price of delivery to the courier upon receipt of the goods.

8.2 If the User chooses a payment method involving a third party payment service provider, the User may be bound by the terms and conditions and / or fees of such third party.

8.3 The Merchant shall not be liable if a payment method involving a third party payment service provider is not available or otherwise does not function for reasons that cannot be attributed to the Merchant’s fault.

8.4 When the User provides the Merchant with a payment method, the User:

confirms that he is authorized to use the relevant payment method and that the information provided relating to the payment method is correct and accurate;

authorizes the Merchant to charge him for the purchased goods and services through the specified payment method;
agrees to update its account with the necessary information, including the validity period of the provided credit or debit card, necessary for the successful execution of transactions, as well as a current email address and contact phone number where the Merchant can contact the User for questions, related to their implementation.

8.5 The Merchant may charge the User in one of the following ways:

in advance;
at the time of purchase;
immediately after purchase;
on a periodic basis for subscriptions.

8.6 In the case of billing on a periodic basis, the Merchant may charge the User simultaneously for more than one of the previous payment periods for amounts that have not been previously processed.

8.7 In the cases of charging on a subscription basis (monthly or annual – according to the charging period chosen by the User), the User confirms and agrees that she/he authorizes the Merchant to charge it periodically. The Merchant uses the method of payment of periodic intervals chosen by the User, compared to the period of charging chosen by the User. By allowing periodic automatic payments, The User authorizes the Merchant to process electronic payments, including card payments, charging to an account specified by the User and electronic debits.

The subscription fees are aggregated or charged on the date of concluding the subscription and depending on the respective subscription period – on the day of the beginning of the new period.

Right of withdrawal and exchange

The User has the right to withdraw from the contract without stating a reason, without paying compensation or penalty within 14 days from the date of acceptance of the goods by the User or a third party.

9.1 In order to exercise her/his right under this clause, the User must unambiguously notify the Merchant of his decision to withdraw from the contract, describing the goods she/he wishes to return, by providing all details of the order and delivery, including but not limited to: content and value of the order, data of the person who placed the order, data of the person who accepted the delivery, and date of delivery.

9.2 The Merchant publishes on its website a form for exercising the right to withdraw from the contract.

9.3 In order to exercise the right of withdrawal, the Merchant provides the user with the option to fill in and send electronically via the website the standard withdrawal form or other unambiguous application. In these cases, the Merchant shall immediately send the consumer a confirmation of receipt of his refusal on a durable medium.

9.4 The User is obliged to return the goods at his own expense together with the receipt and invoice, if applicable, by handing them over to the Merchant or to an authorized person, within 14 days from the date on which the User has exercised his right to withdrawal from the contract.

9.5 Upon return, the goods must be in their original packaging, without traces of use or distortion of the commercial appearance.

9.6 The trader has the right to postpone the refund until the goods are returned or until proof is provided that the goods have been sent back, whichever occurs first.

9.7 In case the User does not fulfill her/his obligation to return the goods without notifying the Merchant of the delay and without providing a valid reason for the same, it is considered that she/he has withdrawn his statement to exercise withdrawal from the contract.

9.8 In the event that while executing the contract the Merchant has incurred costs and the User withdraws from the contract, the Merchant has the right to withhold the relevant amount for the incurred costs or to demand their payment.

9.9 The consumer has no right to withdraw from the contract if the goods which are unsealed after delivery cannot be returned for reasons of hygiene or health protection

9.10 The Merchant refunds to the User the price paid by him for the returned goods.

9.11 When the User returns a product with the right to a refund of the amount paid for any reason, the price subject to refund is reduced by the value of the discount applied to the product and only the amount actually paid is refundable.

Warranties and complaints

The consumer has the right to complain about any discrepancy of the goods or services agreed / ordered, when after delivery, deviations from the description in the contract are found.

10.1 The consumer may not contest the conformity of the consumer product with the contract for its sale when:

at the time of concluding the contract he knew or could have been aware of the non-compliance;
the non-compliance is due to materials provided by the user.

10.2 The consumer has the right to file a claim for the goods or services, regardless of whether the manufacturer or trader has provided a commercial guarantee for the goods or services.

10.3 When the satisfaction of the claim is made by replacing the goods with another, consistent with the agreement, the Merchant will retain the consumer’s original warranty conditions.

10.4 Upon filing a complaint, the consumer may claim a refund of the amount paid, to replace the goods with another, corresponding to the agreed or for a deduction from the price.

10.5 The complaint is submitted in writing to the e-mail specified by the Merchant, by mail or submitted to the address of the company. The merchant presents on his site access to a complaint form.

10.6 When filing a complaint, the user indicates the subject of the complaint, his preferred way of satisfying the complaint, respectively the amount claimed, and address, telephone and email for contact.

10.7 When filing a complaint, the consumer must also attach the documents on which the claim is based, namely:

receipt or invoice;

protocols, acts or other documents establishing the non-conformity of the goods with the agreed;
other documents establishing the claim on the grounds and amount.

10.8 Complaints of consumer goods may be filed up to two years from the delivery of the goods, but not later than two months from the establishment of non-compliance with the agreed.

10.9 The period during the time necessary to reach an agreement between the seller and the consumer to resolve the dispute is not taken into account.

10.10 If the Merchant has provided a commercial guarantee for the goods and the term of the guarantee is longer than the terms for filing the claim under para. 1, the claim may be filed until the expiration of the term of the commercial guarantee.

10.11 Filing a complaint is not an obstacle to filing a claim.

10.12 The Merchant maintains a register of the submitted complaints. A document is sent to the User on the e-mail specified by him, in which the number of the claim from the register and the type of the goods are indicated.

10.13 When the Merchant satisfies the claim, it issues an act to that effect, which is drawn up in two copies, and obligatorily provides one copy to the User.

10.14 The Merchant in case of a justified complaint brings the goods in accordance with the sales contract within one month from the filing of the complaint by the User.

10.14.1 If the goods are not repaired after the expiration of the term under the previous paragraph, the Consumer has the right to cancel the contract and be reimbursed the amount paid or to request a reduction in the price of consumer goods.

10.14.2. Bringing the consumer goods in accordance with the sales contract is free of charge for the User. It does not owe costs for the shipment of consumer goods or for materials and labor related to its repair, and does not suffer significant inconveniences.
10.15 In case of non-compliance of the consumer goods with the sales contract and when the User is not satisfied with the resolution of the complaint, he has the right to choose between one of the following options:

cancellation of the contract and refund of the amount paid by her/him

Price Reduction.

10.16 The consumer may not claim a refund of the amount paid or a reduction in the price of the goods when the Merchant agrees to replace the consumer product with a new one or to repair the product within one month of the consumer’s complaint.

10.17 The Merchant is obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the consumer, when after satisfying three complaints of the consumer by repairing the same product, within the warranty period, there is a subsequent occurrence of non-compliance of the goods with the contract of sale.

10.18 The consumer may not claim for cancellation of the contract if the non-conformity of the consumer goods with the contract is insignificant.

Intelectual property

The intellectual property rights over all materials and resources located on the Merchant’s website (including the available databases) are subject to protection under the Copyright and Related Rights Act, belong to the Merchant or to the designated person who has transferred the right to use the Merchant. , and may not be used in violation of applicable law.

11.1 In case of copying or reproducing information beyond the permissible, as well as in case of any other infringement of the intellectual property rights over the resources of the Merchant, the Merchant has the right to claim compensation for the direct and indirect damages in full.

11.2 Unless specifically agreed, the User may not reproduce, modify, delete, publish, distribute and otherwise disclose the information resources published on the Merchant’s website.

11.3 The Merchant is obligated to take due care to ensure the possibility for the User for normal access to the provided services.

11.4 The Merchant reserves the right to suspend access to the services provided. The Merchant has the right, but not the obligation, at its discretion to delete information resources and materials published on its website.

Termination and cancellation of the contract

The Merchant has the right at its discretion, without giving notice to terminate the contract unilaterally, if it finds that the services provided are used in violation of these general conditions, the legislation of the European Union and generally accepted moral norms.

12.1 Except in the cases provided for in these General Terms and Conditions, the contract between the parties is terminated upon termination of the Merchant’s activity or termination of the maintenance of its website.

12.2 In addition to the above cases, either party may terminate this contract by giving one month’s notice to the other party in the event of failure to fulfill its obligations under the contract.

12.3 The written form of the contract is considered complied with by sending an e-mail (e-mail), pressing an electronic button on a page with content that is filled in or selected by the User or marking in a field (check box) on the website, etc. similar in so far as the statement is technically recorded in a way that allows it to be reproduced.

12.4 In case of purchased subscription plan the contract may be terminated:

by mutual consent of the Parties, expressed in writing;
upon expiration of the contract;

with one month’s notice given by either Party to the other Party;
with a unilateral written notification from the Merchant to the Client in case of culpable non-fulfillment by the latter of any of his contractual obligations. The termination shall take effect from the moment when the Merchant has notified the Client in writing that the legal relations between them are being terminated. The unilateral termination of the contract under this item does not give rise to any obligations for the Merchant to pay in favor of the Client indemnities or other amounts.

12.4. (1) In case of early termination of the present contract according to art. 12.4, item 1 and item 3, the Merchant does not owe a refund to the Client of the part of the annual fee paid until the moment of termination (its full amount or partially paid monthly installments), and the Client has the right to receive within 10 working days the termination of the contract by the Merchant such quantity of honey, which is proportional to the paid part of the annual fee, minus the quantity of honey, which has already been received from the Merchant by the moment of termination of the contract.

12.4 (2) Along with the agreed in para. 1 of this article, in case of early termination of this contract according to art. 12.4, item at the initiative of the Client, who has so far paid the annual fee in monthly installments, the latter owes the Company a penalty for early termination in the amount of 2 (two) monthly installments. The penalty is due by the Client to the Merchant on the day of termination of this contract.

12.5. In case of early termination of this contract according to art. 12.5, item 4, the Merchant shall not return to the Client the part of the annual fee paid until the moment of termination (its full amount or the partially paid monthly installments), and the same shall be withheld by him as a penalty. In this case, the Client is not entitled to receive from the Merchant any other quantity of honey, except what he has already received from the Merchant until the termination of the contract.

12.5 The User has the right to cancel the subscription before the expiration of the one-year subscription period with one month’s notice in writing to the Merchant. The user can unsubscribe in one of the following ways:

through her/his account on the Merchant’s website
in writing by e-mail sent to the contact address indicated by the Merchant: [email protected]
in writing by letter sent to the address for correspondence of the Merchant: Bulgaria, Sofia, 47 Edison Str., for Pollenity

Rescue clause

The Parties declare that in the event that any of the clauses of these General Terms and Conditions prove to be invalid, this will not invalidate the entire contract or other parts thereof. The invalid clause will be replaced by the mandatory norms of the law or the established practice.

Modification of the general conditions

The Merchant is obliged to notify the Users of any change in these general terms and conditions within 7 days of the occurrence of this circumstance at the email address specified by the User.

14.1 When he does not agree with the changes in the general conditions, the User has the right to withdraw from the contract without stating a reason and without paying compensation or penalty. In order to exercise this right, the User must notify the Merchant within one month of receiving the notice under the previous article.

14.2 In case the User does not exercise his right to withdraw from the contract in the manner prescribed in these general terms and conditions, it is considered that the change is accepted by the User without objections.

Laws and jurisdiction

The use of our website and the contracts for the purchase of items through said website will be governed by Bulgarian law. Any dispute arising from, or related to the use of this website or to such contracts shall be subject to the non-exclusive jurisdiction of the Bulgarian courts and tribunals in Sofia. If you are contracting as a consumer, nothing in this clause will affect your statutory rights as such.