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GENERAL TERMS AND CONDITIONS OF USE
of the online shop www.kinderkraft.bg and of purchases of goods and services
This is a translation for your convenience. In case of any discrepancy, the Bulgarian version prevails.
These Terms and Conditions govern the relationship between NEWVIVA Ltd., company ID (EIK) 201884970, represented by Georgi Nikolov, with registered office at Mladost 4, Prof. Aleksandar Tanev St., bl. 460A, entr. 2, Sofia, and the users of the services offered by www.kinderkraft.bg. www.kinderkraft.bg is an online shop offering products for children, some of which may be offered only to order. The products offered on the site are subject to copyright and constitute intellectual property – including product descriptions, the logo and the design of the shop.
The same TERMS AND CONDITIONS apply to contracts/sales concluded through the Facebook page and the Instagram profile of www.kinderkraft.bg.
I Subject
These Terms and Conditions have the nature and force of a contract.
Art. 1. These Terms and Conditions apply to customers and users who access the website www.kinderkraft.bg, as well as the Facebook page and the Instagram profile of www.kinderkraft.bg, created and managed by NEWVIVA Ltd.
Please read these Terms and Conditions carefully before accessing the Site.
Art. 2. If you do not agree with these TERMS AND CONDITIONS, please stop using the site. If you have any questions, you can contact us using the contact details in Section II.
II Seller information
Art. 3. The site www.kinderkraft.bg, as well as the Facebook page and the Instagram profile of www.kinderkraft.bg, are administered by NEWVIVA Ltd.
Art. 4. You can contact NEWVIVA Ltd. as follows:
Telephone: +359 887 132 548
Email: office@kinderkraft.bg
Registered office: Mladost 4, Prof. Aleksandar Tanev St., bl. 460A, entr. 2, Sofia
Office and service address: Mladost 1, 16 Aleksandar Malinov Blvd., 3rd floor, office 2, Sofia
III Definitions
Art. 5. In these TERMS AND CONDITIONS, Trader/Seller means NEWVIVA Ltd.
User/Customer is any natural or legal person who uses the site www.kinderkraft.bg and its Facebook page and Instagram profile in any way, including browsing.
Art. 6. Site in these TERMS AND CONDITIONS means the web address www.kinderkraft.bg, as well as the social media profiles on Facebook @kiderkraftbulgaria and Instagram @kinderkraft_bulgaria.
Art. 7. Account – a section of www.kinderkraft.bg, consisting of an email address and a password, which allows the Customer to use the services of the Site where this is required.
IV General provisions
Art. 8. The Terms and Conditions of NEWVIVA Ltd. are binding on all users and customers of www.kinderkraft.bg and on customers through the company's Facebook page and Instagram profile.
(1) Any use of www.kinderkraft.bg or of the social media profiles means that you have carefully read these Terms and Conditions and agree to comply with them unconditionally.
(2) The Terms and Conditions may be changed unilaterally by NEWVIVA Ltd. at any time. Changes take effect immediately after they are published on the Site and are binding on all customers and users.
(3) NEWVIVA Ltd. may change the terms of use at any time at its discretion or where required by a law that has entered into force.
(4) In every case of change to the Terms and Conditions, NEWVIVA Ltd. will inform its customers and users by publishing the changes on the Site. You, as users, are therefore obliged to check for any changes to the Terms and Conditions of www.kinderkraft.bg each time you use it.
(5) If any provision of these Terms and Conditions proves inapplicable or invalid for any reason, this does not affect the remaining provisions.
Art. 9. The team administering www.kinderkraft.bg makes efforts to keep the information on the Site accurate. Please bear in mind, however, that technical errors or other omissions are possible. Product images are illustrative, and the delivered products may differ from the images within acceptable limits.
Art. 10. The characteristics or prices of the products on www.kinderkraft.bg may change at any time. We apologise in advance to users for any technical errors.
Art. 11. All goods, including those on promotion/sale, are sold and delivered while stocks last, even if this is not expressly stated on www.kinderkraft.bg.
Art. 12. www.kinderkraft.bg may contain links to other websites. www.kinderkraft.bg is not responsible for the privacy policy of websites it does not administer, or for any other information contained in them.
V Conclusion of the contract
Art. 13. The User expresses their wish to order/buy goods through the online shop www.kinderkraft.bg or one of the social media profiles by placing an order electronically.
Steps:
(1) Select the product(s) you want on the website and their quantity, and click "Add to cart";
(2) You will receive an automatic notification that the order has been registered in the system of www.kinderkraft.bg. This does not guarantee that the order will be fulfilled. You will receive an explicit confirmation by email or telephone that the order can be fulfilled.
(3) The Seller has the right not to deliver some or all of the goods, or not to perform some or all of the services in the order, for various objective reasons, including because they are out of stock. In such a case, the Seller must refund any prepaid amount for the unfulfilled part of the order. The Customer will always be notified by www.kinderkraft.bg by email or telephone.
(4) Registration is not required to place an Order on the site.
(5) By placing an order through the website, you confirm that you are legally able to enter into binding contracts and that you are of legal age.
(6) The distance sales contract between the Seller and the Customer is considered concluded when the Customer receives, by email and/or SMS to their telephone, a notification that the goods in the Order are ready for dispatch or that the Service can be provided.
(7) The sales contract between the Customer and the Seller consists of these Terms and Conditions and any additional agreements between the Seller and the Buyer.
(8) The subject of the sales contract is a product offered on the website www.kinderkraft.bg, whose description states the type of product, the material, the main characteristics such as size and approximate weight, as well as the cost of delivery.
Every product available on the website has a statutory guarantee of conformity of 2 (two) years.
VI Online sales policy
Art. 14. Registration on www.kinderkraft.bg is open to every user.
(1) www.kinderkraft.bg reserves the right, at its discretion, to restrict any customer's access to placing an Order and/or to any of the payment methods if it considers that this could harm www.kinderkraft.bg in any way. The Customer may contact the "Contacts" department of www.kinderkraft.bg to be informed of the reasons for these restrictions. www.kinderkraft.bg is not liable for any damage the Customer has suffered or may suffer as a result of this decision, regardless of whether it is correct or justified.
Art. 15. The Customer may publish reviews of goods and/or services and may contact www.kinderkraft.bg at the addresses in the "Contacts" section. Reviews or messages containing obscene words or inappropriate content will be removed by www.kinderkraft.bg.
Art. 16. Communication with the Seller may take place directly or through the other options in the "Contacts" section.
Art. 17. www.kinderkraft.bg may publish advertising or promotional information about goods and/or services and/or its promotions on the Site for a certain period of time.
Art. 18. All prices of goods and/or services on www.kinderkraft.bg are final, stated in euro (EUR), and include VAT and all other taxes or fees required by law.
Art. 19. For online payments or bank transfers, the Seller is not responsible for any fees, commissions or other additional charges made by the buyer or their bank in connection with the transaction, including currency exchange applied by the bank that issued the customer's card where the currency is different from EUR.
Art. 20. Card payments to www.kinderkraft.bg are treated by Bulgarian banks as international payments, and under their card rules some banks charge additional fees for such transactions. These costs are borne solely by the buyer. www.kinderkraft.bg therefore recommends that customers check with their bank for any additional fees that may be charged for online or bank payments for products sold by www.kinderkraft.bg.
Art. 21. All images on the platform are intended only to give an idea of the type of goods/services offered, not to represent them exactly. Some images (static/dynamic images, multimedia presentations, etc.) may therefore not correspond to the appearance of the goods or may give a wrong impression of the service. The Seller is not responsible for such discrepancies.
VII Orders. Right of withdrawal
Art. 22. The Customer/User undertakes and is responsible for ensuring that all data provided to www.kinderkraft.bg in connection with the order is true, complete and accurate at the date the order is sent.
Art. 23. By sending the order, the Customer/User authorises NEWVIVA Ltd., if necessary, to contact them by any possible means in connection with the order and the Contract.
Art. 24. The Seller has the right to refuse to fulfil (to cancel) an order placed by the Customer/User and shall notify them accordingly.
Art. 25. Cancellation of the order by the seller or the buyer does not give rise to any liability or further obligation of either party towards the other. Neither party is entitled to compensation for the cancellation in the following cases:
• the issuing bank of the Customer/User does not accept the transaction for an online payment;
• the payment transaction does not result in funds being received in the seller's account for online payments.
If the Customer/User provides incomplete and/or incorrect data, the Seller may claim from the buyer the courier costs incurred for the failed delivery of the order.
Art. 26. (1) The Customer/User has the right to withdraw from the distance contract without giving any reason and without paying compensation or a penalty within 14 (fourteen) days. The period starts on the day on which the Customer, or a third party other than the carrier indicated by them, receives the goods. Where the goods of one order are delivered separately – from receipt of the last item. The right of withdrawal does not apply in the cases under Section IX.
(2) The Customer may exercise the right of withdrawal in one of the following ways:
1. through the "Withdraw from the contract here" function on www.kinderkraft.bg. It is available through a link at the bottom of every page of the site, a button next to each order in "Order history" in the Customer's account, and a link in the shipping confirmation email. No registration is needed: the Customer enters the order number and the email used for the order, selects the goods they are withdrawing from, checks their name and email and clicks "Confirm withdrawal";
2. through the standard withdrawal form (Annex No. 6 to the Consumer Protection Act), published on the "Returns" page, or through any other unequivocal statement sent to office@kinderkraft.bg or to 3 Simeon Petrov St., Bozhurishte.
(3) When withdrawing through the function under para. 2, item 1, the Customer immediately receives a confirmation by email on a durable medium with the content of the statement and the date and time it was submitted. When withdrawing under para. 2, item 2, the Seller confirms receipt of the statement by email without delay.
(4) The withdrawal deadline is met if the Customer sends the statement before it expires.
Art. 27. (1) The Customer returns the goods without undue delay and no later than 14 (fourteen) days from the date of withdrawal to 3 Simeon Petrov St., Bozhurishte. The deadline is met if the goods are sent before it expires. We recommend including the order number or a copy of the withdrawal confirmation with the parcel.
(2) The direct costs of returning the goods are borne by the Customer. The Customer chooses the courier and the shipping method.
(3) It is not a condition for withdrawal that the goods are in their original packaging or unopened. The Customer may inspect and try the goods as they would in a shop. The Customer is liable only for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning. In this case, the Seller may reduce the refund by the corresponding amount.
Art. 28. (1) The Seller refunds all payments received from the Customer under the contract, including delivery costs, without undue delay and no later than 14 (fourteen) days from the date on which it received the withdrawal. The Seller does not refund additional costs if the Customer expressly chose a delivery method other than the cheapest standard delivery offered by the Seller.
(2) The refund is made using the same means of payment used to pay for the order. For cash on delivery or bank transfer, the amount is refunded to the bank account (IBAN) indicated by the Customer. For card payments, the amount may be refunded to a bank account only if the Customer has expressly agreed to this in the withdrawal form; this involves no additional costs for them. For payment with consumer credit – after termination of the credit agreement, in the manner determined by the lending bank.
(3) The Seller may withhold the refund until it receives the goods or until proof is provided that they have been sent back, whichever occurs first.
VIII Intellectual property
Art. 29. All content on www.kinderkraft.bg, including the KinderKraft logo, texts and images, as well as product descriptions, is the property of NEWVIVA Ltd. or of third parties from whom NEWVIVA Ltd. has obtained consent for reproduction.
Art. 30. NEWVIVA Ltd. reserves all its intellectual property rights related in any way to the site www.kinderkraft.bg and the products on it.
Art. 31. Certain products displayed on www.kinderkraft.bg have their own specific and unique design owned by NEWVIVA Ltd. or by third parties with whom NEWVIVA Ltd. has a contract. These designs are subject to copyright and intellectual property and are protected by Bulgarian law.
Art. 32. Users may use the content of the site only for the purposes of buying and selling. Using the content for other purposes is a breach of these Terms and Conditions of www.kinderkraft.bg and an infringement of the intellectual property of NEWVIVA Ltd.
Art. 33. Every product displayed on www.kinderkraft.bg meets the European and national requirements for the relevant products, in particular their safety. NEWVIVA Ltd. keeps all available documentation certifying conformity. Some of the products on the site have been tested in independent European laboratories to prove their conformity with European legislation on children's toys – standard EN 71.
Art. 34. (1) The Customer may copy, transfer and/or use the content only for personal, non-commercial purposes, only where this does not contradict this section and with the express consent of NEWVIVA Ltd.
(2) NEWVIVA Ltd. allows owners of other sites and users to publish links to the online shop www.kinderkraft.bg.
(3) It is forbidden to copy texts from www.kinderkraft.bg and place them on other websites and online shops without the express consent of NEWVIVA Ltd. or without citing the source with the following text: "Source: Online shop for children's products – www.kinderkraft.bg", where the link must lead to the online shop www.kinderkraft.bg.
Art. 35. NEWVIVA Ltd. holds the copyright to the content of www.kinderkraft.bg, including but not limited to product descriptions and advertising content published on behalf of NEWVIVA Ltd. or of the website www.kinderkraft.bg.
IX Goods and services for which the Customer has no right of withdrawal
Art. 36. The Customer has no right to withdraw from the contract in the following cases:
· services that have been fully performed, where performance began with the Customer's express prior consent and acknowledgement that they lose the right of withdrawal once the contract has been fully performed by the seller;
· goods or services whose price depends on fluctuations in the financial market which cannot be controlled by the seller and which may occur within the withdrawal period;
· goods made to the Customer's specifications or clearly personalised;
· goods which are liable to deteriorate or expire rapidly;
· sealed goods which are not suitable for return due to health protection or hygiene reasons, if they have been unsealed after delivery;
· goods which, after delivery, are, according to their nature, inseparably mixed with other items;
· sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
· digital content not supplied on a tangible medium, where performance has begun with the Customer's express consent and their acknowledgement that they thereby lose the right of withdrawal.
Art. 37. The Customer has no right to refuse goods under a concluded Contract where the ordered goods are not mass-produced or kept in stock, but are made individually and specially for them.
Art. 38. Acceptance and performance of such an order begins with the Customer's prior consent that they will lose the right of withdrawal once the contract has started or been performed. The contract is considered started once an advance payment ("deposit") of not less than 50% of the total amount of the Order has been received. If the Customer cancels the order, they lose the full amount of the advance payment. This provision does not apply only where the parties have agreed otherwise.
X Advertising
Art. 39. When the Customer/User creates an account on the platform and/or places an order, they may consent to receiving advertising messages. This consent may also be given without registration. In both cases, the User must expressly consent to receiving advertising messages.
Art. 40. The Customer/User may withdraw from receiving advertising messages at any time by using the special link in every advertising message, by changing their account settings, or by contacting NEWVIVA Ltd. in any other way, including by email, by telephone at +359 887 132 548, or by post at the correspondence address above.
Art. 41. Withdrawing from advertising messages does not automatically withdraw the consent given to conclude a distance sales contract.
XI Invoicing and payment
Art. 42. The prices of goods and services on www.kinderkraft.bg are final and include VAT and all other taxes and fees under applicable Bulgarian law. The delivery price may vary depending on the chosen service, courier and the nature of the order. A change may lead to additional costs, which are borne by the Buyer.
Art. 43. Payment on the site is made by cash on delivery or bank transfer. The price, payment method and payment deadline for invoices are stated in each order. Orders of products offered by www.kinderkraft.bg exceeding 5000 BGN cannot be paid on delivery and must be paid in advance by bank transfer or bank card.
Art. 44. The Customer/User must provide all information required for issuing an invoice in accordance with applicable Bulgarian law, if an invoice is required.
Art. 45. The Seller will issue the customer an invoice for the ordered and delivered goods/services on the basis of the information provided by the Customer/User. If the Customer has not requested an invoice, NEWVIVA Ltd. provides a fiscal receipt for the sale and the cash payment received, or assigns this to a courier company providing the "postal money transfer" service.
Art. 46. To ensure the invoice for an order is issued correctly, the Customer must keep the data in their Account up to date and review the information in the Order to make sure it is complete, true and accurate.
Art. 47. The website contains a large number of goods and, despite our best efforts, some of the characteristics listed may be incorrect. If we find an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option to confirm your order at the correct price or cancel it.
Art. 48. NEWVIVA Ltd. is NOT obliged to sell goods or services at incorrectly stated prices on www.kinderkraft.bg.
Art. 49. Some offers are limited to a maximum quantity per customer. Where applicable, this is described in the individual offer.
XII Delivery of goods
Art. 50. (1) The Seller undertakes to deliver the ordered and purchased goods itself or through a courier company to the address indicated by the buyer or to a courier office, depending on the customer's choice. For door-to-door delivery, the Customer must indicate the floor to which the products are to be delivered; otherwise delivery will be made to the building indicated as the delivery address. Delivery costs follow the terms in the DELIVERY section and are expressly stated when the order is prepared on www.kinderkraft.bg.
(2) The standard delivery time for orders that are not made to the customer's individual specifications is 5 (five) working days from the seller's confirmation that the order has been accepted. For products made to order, handmade products or products not in stock, the delivery terms are agreed between the parties and may exceed the period above.
Art. 51. The Seller ensures appropriate packaging of the goods and sends the accompanying documents. If a required document is missing from the parcel for any reason, please contact us at office@kinderkraft.bg and we will send it promptly.
Art. 52. If more than one address is saved in an Account, the delivery will be sent to the one marked as main. For customers from other EU countries or third countries, www.kinderkraft.bg offers its goods and services on other suitable platforms, described in the appropriate language.
If a User wants delivery from www.kinderkraft.bg to an address outside Bulgaria, this must be agreed with the Seller in advance. You can find the contact details of NEWVIVA Ltd. on the site or in Section II, Art. 4 of these Terms and Conditions.
Art. 53. The delivery price, where applicable, is shown after the desired product(s) are added to the cart. The description of some products also includes the price of the courier service. Delivery prices are indicative and may change depending on the selected courier, the volume of the order, the destination and other circumstances.
Art. 54. When the goods are handed over, the Buyer/User or a third party signs the documents accompanying the parcel. A third party is anyone who is not the person who placed the order but accepts the delivery at the address indicated by the customer.
Art. 55. If the goods are refused, other than in the cases described below, the refusal is considered unjustified and the Customer must pay the costs of delivery and return of the goods.
Art. 56. If the Customer cannot be found at the indicated address within the delivery period, or access and conditions for handing over the goods are not provided within that period, www.kinderkraft.bg is released from its obligation to deliver the goods. The Customer may confirm that they still want to receive the goods after the delivery period, bearing all costs of the subsequent delivery. In this case, a new delivery period starts from the confirmation.
Art. 57. NEWVIVA Ltd. is not liable for damage to the goods in transit if they were not expressly insured by the Customer when requesting delivery.
XIII Warranties. Right to file a complaint
Art. 58. (1) The Seller offers all goods on www.kinderkraft.bg with a 2-year statutory guarantee of conformity with the contract in accordance with applicable law, Art. 112 et seq. of the Consumer Protection Act. Some products may have a warranty of more than 2 years, depending on the terms agreed with the manufacturer; this is stated in the product description in the online shop.
In case of non-conformity, the consumer has the right to file a complaint for any non-conformity of the consumer goods with the contract that appears after delivery and is discovered during the initial inspection or during storage, assembly, testing or use of the product. Certain categories of goods which by their nature cannot have a warranty are excluded.
(2) In case of non-conformity with the sales contract, the buyer has the right to file a written complaint, asking NEWVIVA Ltd. to bring the goods into conformity with the contract within 1 month, and may choose between repair and replacement with new goods, unless this is impossible or the chosen remedy is disproportionate compared to the other. Complaints are filed online through the "Submit a complaint" form at kinderkraft.bg/reklamaciya – no separate form needs to be completed. A complaint may also be filed by email to rma@newviva.bg or in writing to the correspondence address of NEWVIVA Ltd. For products whose 2-year warranty has expired and that are registered for the Kinderkraft extended warranty, the User contacts the manufacturer directly at rma.kinderkraft.com.
When filing a complaint, the User states the subject of the complaint, the preferred remedy or the amount claimed, and an address, telephone and email for contact. For an order from kinderkraft.bg, the order number is sufficient. The User also attaches:
· for purchases from a shop of a partner of NEWVIVA Ltd. – proof of purchase (receipt or invoice) showing the product, the date and the name of the shop;
· photos and a description of the non-conformity;
· other documents supporting the basis and the amount of the claim.
(3) The warranty period starts from the delivery of the consumer goods. It is suspended for the time needed to repair or replace the goods or to reach an agreement between the seller and the consumer to resolve the dispute.
(4) Non-conformity that appears within 6 (six) months of delivery is presumed to have existed at delivery, unless it is proved that the lack of conformity is due to the nature of the goods, their use by the consumer or the nature of the non-conformity.
(5) The consumer cannot dispute the conformity of the goods with the contract if, when concluding the contract, they knew or could not have been unaware of the non-conformity.
(6) A remedy is considered disproportionate if it imposes costs on the seller that are unreasonable compared to the other remedy, taking into account:
1. the value of the goods if there were no non-conformity;
2. the significance of the non-conformity;
3. the possibility of offering another remedy.
(7) If, after 1 month from filing the complaint, the consumer is not satisfied with its resolution, they have the right to terminate the contract and receive a refund, or to request a price reduction. This right does not apply if NEWVIVA Ltd. has agreed to replace the product with a new one or repair it within 1 month of the complaint, or if the non-conformity is minor.
(8) Bringing the goods into conformity with the contract is free of charge for the consumer. The consumer does not pay for shipping the goods or for materials and labour related to the repair, and must not suffer significant inconvenience. The consumer may claim compensation for damage suffered as a result of the non-conformity.
(9) NEWVIVA Ltd. must accept a request to terminate the contract and refund the amount paid if, after it has satisfied three complaints by repairing the same goods within the warranty period (2 years), a further non-conformity appears.
(10) The consumer has the right to file a complaint regardless of whether the manufacturer or the trader has provided a commercial warranty for the goods or service.
(11) Where a complaint is satisfied by replacing the goods with others that conform to the contract, NEWVIVA Ltd. will keep the original warranty terms for the consumer.
(12) Filing a complaint does not prevent the consumer from bringing a claim in court.
Art. 59. If NEWVIVA Ltd. has provided a commercial warranty for the goods and its term is longer than the periods for filing complaints described above, a complaint may be filed until the commercial warranty expires.
Art. 60. The Seller will use the data provided by the buyer, or entered in their account, to complete and issue the warranty certificate where NEWVIVA Ltd. has stated on its page that it provides an additional commercial warranty beyond the statutory guarantee above.
Art. 61. Repair of products outside the warranty period, or within it where the seller's obligation to bring the goods into conformity has ceased for any reason, is paid by the buyer and carried out within a period agreed between the parties.
XIV Transfer of ownership
Art. 62. Ownership of the goods passes from the seller to the buyer upon handover, after the buyer has paid. Handover is confirmed by the buyer's signature on the transport document provided by the courier.
XV Publishing comments. Questions and answers
Art. 63. The customer may write comments, questions and answers in the comments section. They may be positive or negative and must concern the characteristics and use of a product or service. In some cases, comments are not available.
Art. 64. When publishing a comment/question/answer in these sections, every customer undertakes to follow these rules:
· refer only to the characteristics and/or use of a product or service, avoiding information about aspects that may change (e.g. price or promotional offers);
· write in Bulgarian or English;
· use appropriate language, without offensive expressions or expressions that may affect the rights of third parties;
· make sure the information entered is realistic, correct, not misleading and in line with applicable law, respecting the rights of others – e.g. copyright, intellectual property rights, licence rights or other property rights, publicity rights or the right to privacy;
· use this service only to communicate or obtain additional details about a product or service on the site, without referring to other companies that promote the sale and purchase of goods and/or services;
· not provide or request, in any way or form, personal data (contact details, delivery or home address, telephone number, email address, first and/or last names, etc.) or other information that may lead to the disclosure of such personal data;
· not publish information and/or URLs (links) of other sites engaged in the same or a similar commercial activity as NEWVIVA Ltd.;
· not post comments/questions/answers containing advertising material.
Art. 65. If a comment, question or answer raises concerns, the Customer may report it to the Seller. NEWVIVA Ltd. examines the report carefully for any breach of the terms of use of www.kinderkraft.bg. Texts, photos or videos found to be in breach are removed from www.kinderkraft.bg.
Art. 66. If a Customer repeatedly breaches these terms of use, NEWVIVA Ltd. has the right to restrict their ability to publish comments/questions and answers without having to give reasons.
Art. 67. For complaints related to purchased goods and/or services, buyers can file a complaint online at kinderkraft.bg/reklamaciya or by email to rma@newviva.bg. For withdrawal from the contract, Art. 26–28 apply.
XVI Liability
Art. 68. The Seller is not liable for any damage suffered by the buyer as a result of force majeure or circumstances beyond the seller's control.
XVII Processing of personal data
Art. 69. Under the General Data Protection Regulation and Bulgarian law, NEWVIVA Ltd. is the controller of personal data. The person administering the site is Georgi Nikolov, managing director of the company.
(1) NEWVIVA Ltd. must process personal data under conditions that ensure its safe storage and prevent its accidental loss, and only for the stated purposes.
(2) The purpose of collecting the data is: informing customers about the information in their accounts, informing buyers about the status of their orders, evaluating the goods and services offered, other commercial activities, advertising of goods and services, marketing, media, administrative and research purposes, market research, and monitoring of sales and customer behaviour.
(3) Processing personal data for some of the above purposes requires the explicit consent of the data subject or a contract between the parties.
(4) Every buyer has the right at any time to request an update of their personal data and information about its use, to withdraw their consent, to request erasure or restriction of their personal data, and to object to automated processing, including profiling.
(5) To exercise these rights, the buyer should contact us using the contact details in Section II.
(6) The buyer agrees and allows www.kinderkraft.bg to provide their personal data to other companies with which it has partner relations, but only if they have undertaken to store and process it in accordance with the law and where this is necessary to perform the contract between the buyer and the seller.
(7) NEWVIVA Ltd. has adopted a Personal Data Security Policy describing in detail the processing of personal data under the General Data Protection Regulation (Regulation (EU) 2016/679) – GDPR – and the Personal Data Protection Act. The policy is published on www.kinderkraft.bg.
(8) Back-in-stock notification: when a customer enters their email address in the notification field on the page of an out-of-stock product, NEWVIVA Ltd. uses this email address only to notify them once that the product is available again. The legal basis is the customer's request (Art. 6(1)(b) of Regulation (EU) 2016/679), so no separate consent is required. The email address is not used for newsletters, advertising or other purposes, and it is deleted automatically after the notification is sent. If the product is not available within 3 weeks, we will email the customer asking them to confirm the request; if they do not confirm within 7 days, their email address is deleted. The customer may ask at any time for their request to be deleted by writing to office@kinderkraft.bg.
Art. 70. The buyer's personal data may be provided to the prosecutor's office, the police, the courts or other state authorities, on the basis and within the limits of the law and following an explicit request from them.
XVIII Applicable law – Jurisdiction
Art. 71. Disputes between NEWVIVA Ltd. and Customers and/or Users will be resolved by mutual agreement or, if this is impossible, in accordance with Bulgarian law, unless the parties have agreed otherwise.
Art. 72. Consumers may use the European Online Dispute Resolution (ODR) platform at http://ec.europa.eu/odr – a single access point that allows consumers and traders in the EU to settle their disputes.
XIX Supervisory authorities
Art. 73. Authorities supervising the activities of NEWVIVA Ltd. and their contact details:
Commission for Consumer Protection (KZP):
Website: https://kzp.bg/kontakti
tel: 0700 111 22
email: info@kzp.bg
address: 4A Slaveykov Sq., floors 3, 4 and 6, Sofia
Commission for Personal Data Protection (KZLD):
Website: https://www.cpdp.bg/
tel: +359 2 915 3 518
email: kzld@cpdp.bg
address: 2 Prof. Tsvetan Lazarov Blvd., Sofia 1592
Regional Health Inspectorate (RZI):
Address: 20 Vranya St., Sofia
Tel: +359 2 813 0400
Information about the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period expires 14 days after the day on which you, or a third party other than the carrier and indicated by you, acquire physical possession of the goods. If the goods of one order are delivered separately – after the day on which you acquire possession of the last item.
To exercise the right of withdrawal, you must inform us of your decision to withdraw by an unequivocal statement to NEWVIVA Ltd., 3 Simeon Petrov St., Bozhurishte, Bulgaria, tel. +359 887 132 548, email office@kinderkraft.bg. The easiest way is to use the "Withdraw from the contract here" function (the link is at the bottom of every page). You will immediately receive a confirmation by email. You may also use the standard withdrawal form, but this is not obligatory.
To meet the withdrawal deadline, it is sufficient to send your communication before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (except for supplementary costs resulting from your choice of a delivery type other than the least expensive standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision. We will carry out the reimbursement using the same means of payment as you used: for card payments – to the card, unless you have expressly agreed to a refund to a bank account; for cash on delivery or bank transfer – to the bank account (IBAN) you indicate. You will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back, whichever is the earliest.
You shall send back the goods to 3 Simeon Petrov St., Bozhurishte, Bulgaria, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
WITHDRAWAL AND RETURN FORM
Download the withdrawal form (Word, in Bulgarian)
ONLINE COMPLAINT
IMPORTANT! You can send the withdrawal form to office@kinderkraft.bg or print it and include it with the parcel. File complaints online at kinderkraft.bg/reklamaciya or by email to rma@newviva.bg. For products whose 2-year warranty has expired and that are registered for the Kinderkraft extended warranty, contact the manufacturer directly at rma.kinderkraft.com. The fastest way to withdraw from the contract is the "Withdraw from the contract here" function at the bottom of the site.