Article 1. Scope

The Supplier provides the User, subject to these General Terms and Conditions, with the opportunity to browse, order and purchase goods offered under the PHIBBA brand through the Online Store available at https://phibba.com.

These General Terms and Conditions form an integral part of every distance sales contract concluded between the Supplier and the User through the Online Store.

Article 2. Information Provided by the Supplier

The Supplier shall provide through the Online Store, where applicable:

• a description of the main characteristics of each product and relevant product images;
• the sale price, including VAT where applicable;
• information regarding delivery charges or the method by which such charges are calculated;
• information regarding available payment methods;
• information regarding delivery and performance of the contract;
• information regarding the Consumer’s statutory right of withdrawal, including the conditions, time limits and procedure for exercising that right;
• information concerning circumstances in which the statutory right of withdrawal does not apply;
• information regarding commercial guarantees, including any applicable PHIBBA money-back guarantee;
• the period for which a particular offer or price remains valid, where applicable;
• any other information that the Supplier is required to provide before purchase under applicable Bulgarian and European Union legislation.

Product images are intended to provide an accurate visual representation of the goods. Minor differences in colour or appearance may occur due to screen settings, lighting, photography or other technical factors.

Article 3. Placing an Order

In order to place a valid order for goods offered through https://phibba.com, the User must complete the electronic ordering process available through the Online Store.

The User must provide accurate, complete and up-to-date information necessary for processing and fulfilling the order.

The User is responsible for ensuring that the information provided, including name, telephone number, email address, billing information and delivery information, is correct.

The Supplier shall not be responsible for delays, failed deliveries or other consequences resulting from incorrect, incomplete or outdated information supplied by the User.

Before submitting an order, the User shall have the opportunity to review and, where necessary, correct the information entered during the ordering process.

Article 4. Acceptance of the General Terms and Conditions

By placing an order and expressly accepting these General Terms and Conditions through the functionality provided on https://phibba.com, the User confirms that they have read, understood and accepted these General Terms and Conditions.

The User shall be bound by the version of the General Terms and Conditions applicable at the time the relevant order is placed.

Article 5. Ordering Process

The User may purchase goods offered through the PHIBBA Online Store by:

• completing an order as a guest, without creating a User Account;
• using an existing User Account, where such functionality is available;
• using another ordering functionality made available by PHIBBA.

To place an order, the User selects the relevant product and, where applicable, its quantity, size, type or other available options and proceeds through the checkout process.

The User then selects one of the available delivery and payment methods and confirms the order by clicking the relevant button indicating that the order entails an obligation to pay.

After an order has been submitted, the User may receive an electronic confirmation at the email address provided during checkout.

The Supplier may contact the User where reasonably necessary to confirm or clarify information concerning the order, payment, delivery or availability of the ordered goods.

If the User provides incomplete or incorrect essential information, the Supplier may be unable to process or fulfil the order.

Article 6. Prices

The prices displayed on https://phibba.com shall be shown in the currency indicated on the Website and shall include VAT where applicable.

Unless expressly stated otherwise, product prices do not include delivery charges.

Delivery costs vary depending on the country of delivery, selected delivery method, courier and other relevant delivery conditions.

The available delivery options and applicable delivery price shall be displayed during checkout where technically possible. Further information concerning delivery methods and charges is available on the Delivery page of https://phibba.com.

Where payment is made in a currency different from the currency in which the order is displayed, currency conversion may be carried out by the relevant card issuer, bank or payment service provider in accordance with its applicable exchange rates and fees.

The Supplier reserves the right to change prices displayed on the Website. Any price change shall not affect an order already validly placed and accepted at the previous price.

Article 7. Payment

The price of the goods and applicable delivery charges may be paid using the payment methods made available through the PHIBBA Online Store.

Depending on the country and order, available payment methods may include:

• debit or credit card;
• payment upon delivery, where available;
• other electronic payment methods displayed during checkout.

The User undertakes to pay the total amount due for the goods ordered together with any applicable delivery charges.

Where payment is processed by a third-party payment service provider, additional terms and conditions imposed by that provider may apply.

Article 8. Delivery

Goods ordered through https://phibba.com shall be appropriately packaged according to their nature and delivered using the delivery method selected by the User.

Delivery may be made to an address, pick-up point, parcel locker or another available delivery destination selected during checkout.

Available delivery methods, estimated delivery periods and delivery charges may vary depending on the destination country and selected delivery service.

Further information is available on the Delivery page of https://phibba.com.

Any delivery period stated on the Website is subject to the specific terms displayed during checkout and circumstances beyond the reasonable control of the Supplier or courier.

Article 9. Receipt of Goods

Goods may be delivered to the User or to another person designated or reasonably presumed to be authorised to receive the delivery on the User’s behalf.

Where required by the courier or applicable delivery procedure, receipt may be confirmed electronically, by signature, access code or another appropriate method.

The User is responsible for providing accurate delivery information and, where applicable, for being available to receive or collect the shipment.

If delivery cannot be completed because the User cannot be reached, has supplied incorrect information, fails to collect the shipment within the applicable collection period or otherwise fails to provide reasonable conditions for delivery, the Supplier shall not be responsible for the resulting delay.

Where a shipment is returned to the Supplier due to circumstances attributable to the User, any reasonable costs associated with subsequent delivery may be borne by the User to the extent permitted by applicable law.

Article 10. Obligations of the Supplier

The Supplier undertakes:

• to supply the goods ordered by the User in accordance with the concluded contract;
• to deliver the goods within the applicable delivery period, subject to circumstances beyond the Supplier’s reasonable control;
• to exercise reasonable professional care in fulfilling its contractual obligations;
• to provide the User with the information required by applicable law;
• to respect the mandatory rights afforded to Consumers under Bulgarian and European Union consumer protection legislation.

Article 11. Third-Party Links and Personal Data

The PHIBBA Website may contain electronic links to websites, services or resources operated by third parties.

The Supplier does not control such third-party websites and is not responsible for their content, availability, security or privacy practices.

Personal data provided by Users shall be processed in accordance with PHIBBA’s applicable Privacy Policy and applicable data protection legislation, including the General Data Protection Regulation (GDPR), where applicable.

Acceptance of these General Terms and Conditions does not constitute consent to marketing communications where separate consent is required by law.

Article 12. Website Availability and Liability

The Supplier shall use reasonable efforts to ensure that information published through https://phibba.com is accurate and up to date.

The Supplier does not guarantee that access to the Website will at all times be uninterrupted, error-free or entirely secure where circumstances are outside its reasonable control.

The Supplier shall not be responsible for temporary inability to access the Website, delays in processing orders or interruptions resulting from circumstances beyond its reasonable control, including force majeure, Internet infrastructure failures, telecommunications disruptions, failures of third-party hosting or payment services or similar circumstances.

The Supplier shall not be responsible for the content, availability, security or practices of third-party websites accessible through links published on the PHIBBA Website.

Nothing contained in these General Terms and Conditions shall exclude or restrict any liability or statutory Consumer right that cannot lawfully be excluded or restricted.

Article 13. Obligations of the User

The User undertakes:

• to provide accurate and valid contact, billing and delivery information;
• to pay the applicable price for goods ordered and any applicable delivery charges;
• to receive or collect the ordered goods in accordance with the selected delivery method;
• to take reasonable measures to protect User Account credentials and passwords;
• not to disclose account passwords to unauthorised third parties;
• to notify the Supplier if the User becomes aware of unauthorised access to their User Account;
• to log out of their User Account where appropriate, particularly when using shared or public devices;
• not to submit fictitious, fraudulent or intentionally misleading orders;
• not to misuse the Website or interfere with its normal operation.

The User is responsible for maintaining the confidentiality of their login credentials and for activities performed through their account to the extent attributable to the User.

Article 14. Consumer Rights, Returns and Money-Back Guarantee

Consumers purchasing goods through https://phibba.com have the rights provided by applicable Bulgarian and European Union consumer protection legislation.

Where the statutory right of withdrawal applies, the Consumer may exercise that right within the legally prescribed period and in accordance with the applicable requirements and exceptions.

In addition to statutory Consumer rights, PHIBBA offers a 30-day money-back guarantee, subject to the applicable conditions published on the Website.

The 30-day money-back guarantee is a commercial policy offered by the Supplier and does not replace, restrict or otherwise affect any mandatory statutory rights available to Consumers.

Instructions concerning returns, refunds and the exercise of applicable rights are available on the relevant Returns/Refunds page of https://phibba.com.

Refunds shall be processed using the applicable procedure and, where required by law, through the original payment method, subject to any lawful exceptions.

Article 15. Proper Use of the Website

The User undertakes:

• to comply with applicable procedures concerning returns, complaints and requests relating to goods, provided that such procedures do not restrict mandatory statutory rights;
• to comply with Bulgarian law, applicable European Union legislation and these General Terms and Conditions;
• not to infringe intellectual property rights or other rights belonging to the Supplier or third parties;
• not to interfere with the proper functioning or security of the Website;
• not to attempt to circumvent authentication or security measures;
• not to obtain unauthorised access to accounts, systems, databases or information;
• not to extract or reproduce databases or substantial parts thereof contrary to applicable law;
• not to impersonate another person or falsely represent an affiliation with another person, company or organisation;
• not to perform malicious, fraudulent or otherwise unlawful actions through the Website.

In the event of a material breach, the Supplier may restrict or suspend access to the User Account where reasonably necessary and permitted by law.

The Supplier may refer suspected unlawful activity to the competent authorities where appropriate.

Article 16. Termination and User Accounts

Where a User has created a User Account, the Supplier may deactivate the account upon termination of the contractual relationship or where reasonably necessary as a result of a material breach of these General Terms and Conditions, subject to applicable law.

Termination or deletion of an account shall not affect rights or obligations arising from orders already validly placed.

Article 17. Account Deletion

The User may request deletion of their User Account at any time.

Account deletion shall be carried out subject to completion of outstanding contractual obligations and the Supplier’s legal obligations to retain certain information, including accounting, tax, transaction or other records required by applicable legislation.

Deletion of a User Account does not necessarily result in immediate deletion of all personal data where retention is required or otherwise permitted by law.

Further information concerning personal data retention and deletion is available in PHIBBA’s Privacy Policy.

Article 18. Termination of the Contractual Relationship

The contractual relationship may terminate in circumstances including:

• discontinuation of the Supplier’s commercial activity;
• permanent discontinuation of the PHIBBA Online Store;
• termination due to a material breach of contractual obligations, where permitted by applicable law;
• other circumstances provided for by applicable legislation.

Termination shall not prejudice rights and obligations that arose before the effective date of termination.

Article 19. Liability for Breach

To the extent permitted by applicable law, a User who unlawfully breaches these General Terms and Conditions shall be responsible for direct damage caused to the Supplier or third parties as a result of such breach.

Where damage results from intentional unlawful conduct, fraud, unauthorised access, misuse of the Website or infringement of third-party rights, the Supplier reserves the right to seek compensation and exercise any other remedies available under applicable law.

Nothing in this Article shall impose liability on a Consumer beyond that permitted under mandatory Bulgarian or European Union consumer protection legislation.

Article 20. Severability

If any provision of these General Terms and Conditions is found to be invalid, unlawful or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.

Where possible, the invalid or unenforceable provision shall be interpreted or replaced in accordance with applicable mandatory law in a manner that most closely reflects its lawful purpose.

Article 21. Applicable Law and Disputes

These General Terms and Conditions and contracts concluded through the PHIBBA Online Store shall be governed by the laws of the Republic of Bulgaria, subject to mandatory provisions of applicable European Union law and any mandatory consumer protection rights that may apply to Consumers residing in another country.

The parties shall endeavour to resolve disputes arising from or relating to their contractual relationship amicably.

Where an amicable resolution cannot be reached, disputes shall be submitted to the competent court in accordance with the applicable rules on jurisdiction.

Nothing in these General Terms and Conditions shall deprive a Consumer of any mandatory jurisdictional protection or other rights granted under applicable Bulgarian or European Union legislation.

Article 22. Electronic Communications

Where permitted by applicable law, requirements concerning written form may be satisfied through electronic communications or electronic statements, including email, electronic forms, clicking an electronic button, ticking a checkbox or another technical method that allows the relevant statement to be stored and reproduced.

Communications relating to orders may be sent to the email address or telephone number provided by the User.

The User is responsible for ensuring that the contact information provided to the Supplier remains accurate.

Article 23. Amendments to the General Terms and Conditions

The Supplier may amend these General Terms and Conditions from time to time, including where necessary to reflect changes in legislation, the operation of the PHIBBA Online Store, available services or business practices.

The current version of the General Terms and Conditions shall be published on https://phibba.com.

Changes shall not retroactively alter the terms applicable to orders validly placed before the amended General Terms and Conditions entered into force, unless required by applicable law or expressly agreed between the parties.

Article 24. Final Provisions

For matters not expressly regulated by these General Terms and Conditions, the applicable provisions of the legislation of the Republic of Bulgaria and the European Union shall apply.

Any commercial policy, including PHIBBA’s 30-day money-back guarantee, shall be interpreted in addition to and not as a limitation of mandatory statutory Consumer rights.

These General Terms and Conditions apply to purchases made through:

PHIBBA
https://phibba.com

Supplier: MarmaMATER EOOD
UIC/VAT No.: 208623649
Registered office and management address: 1 Ravnogor Str., Sofia, Bulgaria