General terms and conditions

2. Consumer Protection Commission

Address: Sofia, p. k. 1000, Slaveykov Square No. 4A, floors 3, 4 and 6,

tel. (02) 933 05 65

fax: (02) 988 42 18

hotline: 0700 111 22

Email: info@kzp.bg

website: www.kzp.bg

III. CHARACTERISTICS OF THE ELECTRONIC STORE

Art. 3. The Online Store is an e-commerce platform, accessible at the Internet address https://twistellestore.com, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier in the Online Store, including the following:

1. To familiarize themselves with and review the goods, prices and delivery conditions offered by the Supplier;

2. To be informed about the nature and main characteristics of the goods;

3. To conclude contracts with the Supplier for the purchase, sale and delivery of the goods offered in the Online Store;

4. To make electronic statements in connection with the conclusion, execution, performance and termination of contracts with the Provider through the interface of the website www.twistellestore.com, including through tools and applications for mobile devices available there;

5. To be informed of the rights arising from the law;

6. To exercise their right of withdrawal, where applicable, in accordance with the Consumer Protection Act.

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

Art. 5. (1) Users shall conclude a contract for the purchase and sale of goods with the Supplier in accordance with the procedure specified in Art. 8. The contract shall be concluded in Bulgarian and shall be stored in the Supplier's database on the platform.

(2) Users have the opportunity to review and correct errors in entering information no later than sending the statement for concluding the contract with the Supplier. The identification and correction of errors under the previous sentence can be carried out by editing the order form at any time until sending the statement for concluding the contract with the Supplier.

(3) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the interface in the Electronic Store.

(4) The Users shall pay the Supplier a fee for the delivered goods, in accordance with the terms and conditions set out in the Online Store and these General Terms and Conditions. The fee shall be in the amount of the price announced in the Online Store.

IV. USE OF THE ELECTRONIC STORE

Art. 6. (1) The Online Store can be used after registering in the Online Store and creating a User profile or without prior registration.

(2) The User's registration in the E-shop is free, voluntary and takes place in the relevant section of the E-shop.

(3) Regardless of whether the User registers or not in the Online Store, in order to use the Online Store to conclude contracts for the purchase and sale of goods, the User must enter the following data: name, surname, e-mail address, contact phone number, delivery address and agree to these General Terms and Conditions.

(4) By filling in his/her data and clicking the "PAYMENT" button and indicating his/her agreement with the General Terms and Conditions, 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 Supplier confirms the order placed by the User by sending an electronic statement to the e-mail address specified by the User or by making a phone call to the phone number specified by the User, and a contractual relationship under a contract for the purchase and sale of goods arises between him and the Supplier.

(6) When registering or placing an order, the User undertakes to provide correct and up-to-date data. The User undertakes to promptly update the data specified in his profile in the Online Store or in the order if the provided data changes.

(7) If the User provides false information or the Provider has reason to believe that the information provided by the User is incomplete or inaccurate, the Provider has the right, at its discretion, to block or delete the User's registration and deny him/her use of the Online Store.

V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALES AGREEMENT

Art. 7. Users primarily use the interface of the E-shop page, including the tools and applications for mobile devices available on it, to conclude contracts for the purchase and sale of the goods offered by the Supplier in the E-shop.

Art. 8. The User and the Supplier conclude the contract for the purchase and sale of goods in the Electronic Store according to the following procedure:

1. The User selects one or more of the goods offered by the Supplier for which a purchase and sale contract is to be concluded.

2. The User fills out an order form and provides the necessary data for the individualization of the User as a party to the contract for the purchase and sale of goods;

3. The user selects a delivery method and provides the delivery details.

4. The user chooses the method and time for paying the price.

5. The user sends the order (offer) by clicking the "PAYMENT" button, after indicating his agreement with the General Terms and Conditions and the Privacy Policy.

6. The Supplier confirms the order placed by the User (accepts the User's offer) by sending an electronic statement to the e-mail address specified by the User or by making a phone call to the phone number specified by the User. The Supplier provides the User with a durable medium confirmation of the concluded contract within a reasonable period of time after the conclusion of the distance contract or at the latest at the time of delivery of the goods.

VI. CONTENT OF THE CONTRACT

Art. 9. (1) The Supplier and the Users shall conclude separate contracts for the purchase and sale of the goods requested by the Users, regardless of whether they were selected with a single electronic statement.

(2) The supplier may organize together and simultaneously the delivery of the goods ordered under the separate purchase and sale contracts.

(3) The rights of the Users in relation to the delivered goods are exercised separately for each purchase and sale contract. The exercise of rights in relation to a delivered good does not affect and has no effect on the purchase and sale contracts of other goods. In case the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right to withdraw from the purchase and sale contract of a particular good does not affect the purchase and sale contracts of other goods delivered to the consumer.

(4) The Provider has the right, at its own discretion, to refuse to execute an order of a User, of which the Provider shall notify the User within an appropriate period of time, without being obliged to state a reason for the refusal.

Art. 10. When exercising the rights under the purchase and sale contract, the User is obliged to accurately and unambiguously indicate the contract and the goods in respect of which he exercises the rights.

Art. 11. The user pays the price for the individual purchase and sale contracts at once when placing the order for the goods or upon their delivery.

VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE CAPACITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION LAW

Art. 12. The rules of this Section VII of these General Terms and Conditions apply only to Users for whom, according to the data provided for the conclusion of the purchase and sale contract, it can be concluded that they are consumers within the meaning of the Consumer Protection Act.

Art. 13. (1) The main characteristics of the goods offered by the Supplier in the Electronic Store are described in the profile of each good in the Electronic Store.

(2) The prices of the goods, including all taxes and fees, are determined and indicated in the profile of each product in the Online Store.

(3) The value of postal or transport costs not included in the price of the goods is determined by the Supplier in the Online Store and is provided as information to the Users when selecting the goods for concluding the purchase and sale contract.

(4) The methods of payment, delivery and performance of the contract are determined in these General Terms and Conditions and the information provided to the User through the mechanisms and tools in the Online Store.

(5) The information provided to Users under this article is current at the time of its visualization in the Electronic Store before the conclusion of the purchase and sale contract.

(6) Users agree that all information required under the Consumer Protection Act and the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods may be provided through the interface of the Online Store or by e-mail.

Art. 14. (1) The Consumer agrees that the Supplier has the right to accept advance payment for the contracts concluded with the Consumer for the purchase and sale of goods and their delivery.

(2) In accordance with the options provided in the Online Store, the User chooses whether to pay the Supplier the price for the delivery of the goods before or at the time of their delivery.

(3) In case the value of the User's order is equal to or exceeds 10,000 BGN, payment shall be made only by transfer or deposit into the Supplier's payment account.

Art. 15. (1) The Consumer has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within 14 days, counting from the date of acceptance of the goods by the Supplier, through the unified form for withdrawal from the contract, available on the website of the Electronic Store in Appendix No. 1 to these General Terms and Conditions or by stating unequivocally in another way his decision to withdraw from the contract. Information on exercising the right of withdrawal is available in Appendix No. 2 to these General Terms and Conditions.

(2) The right of withdrawal does not apply in the cases provided for in Article 57 of the Consumer Protection Act.

(3) When the Supplier has not fulfilled its obligations to provide information, as set out in the Consumer Protection Act, the Consumer has the right to withdraw from the concluded contract within a period of one year and 14 days from the date of receipt of the goods. When the information is provided to the Consumer within a period of one year from the date of receipt of the goods, the Consumer has the right to withdraw from the contract within a period of 14 days from the date of receipt of the information. The Consumer has the right to submit the statement of withdrawal under this article directly to the Supplier through the unified form for withdrawal from the contract, available on the website of the E-shop as Appendix No. 1 to these General Terms and Conditions or by stating unequivocally in another way his decision to withdraw from the contract.

(4) Where the Consumer has exercised his right to withdraw from the contract, the Supplier shall reimburse all amounts received from the Consumer, including delivery costs, without undue delay and not later than 14 days from the date on which he was informed of the Consumer's decision to withdraw from the contract. The Supplier shall reimburse the amounts received using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed to the use of another means of payment and provided that this does not involve costs for the Consumer.

(5) When exercising the right of withdrawal, the costs of returning the delivered goods shall be deducted from the amounts to be refunded under paragraph 4, except in cases where the Consumer organizes the return of the goods himself and at his own expense. The Supplier is not obliged to reimburse the additional costs of delivering the goods when the Consumer has explicitly chosen a method of delivering the goods other than the cheapest type of standard delivery offered by the Supplier.

(6) The User undertakes to store the goods received from the Supplier on the platform and to ensure the preservation of their quality and safety during the period under para. 1 or para. 3, respectively.

(7) Where the Supplier has not offered to collect the goods himself, he may withhold payment of the amounts to the Consumer until he has received the goods or until the Consumer provides proof that he has sent the goods back, whichever is earlier.

(8) Where the Consumer exercises his right to withdraw from the contract and where the Supplier has not offered to collect the goods himself, the Consumer must send or hand over the goods back to the Supplier or to a person authorised by him without undue delay and not later than 14 days from the date on which the Consumer communicated his decision to withdraw from the contract to the Supplier. The deadline shall be deemed to have been met if the Consumer sends or hands over the goods back to the Supplier before the expiry of the 14-day period.

(9) The Consumer shall pay only the direct costs of returning the goods under the previous paragraph, except in cases where the Supplier has agreed to pay them, or if the Supplier has not notified him that the costs of returning the goods are paid by the Consumer.

(10) The consumer is only liable for any diminished value of the goods caused by testing them other than what is necessary to establish their nature, characteristics and proper functioning. The consumer is not liable for any diminished value of the goods where the Supplier has not informed him of his right of withdrawal.

Art. 16. (1) The delivery period of the goods is determined for each good separately upon conclusion of the contract with the consumer through the Electronic Store.

(2) If the Supplier cannot fulfill the contract due to not having the ordered goods, he is obliged to notify the Consumer thereof and refund the amounts paid by him.

VIII. PERFORMANCE OF THE CONTRACT

Art. 17. (1) The Supplier may organize the delivery and handover of the goods to the User by a relevant courier within the period specified upon conclusion of the contract.

(2) If the period under paragraph 1 is not expressly agreed upon between the parties when concluding the contract, the Supplier shall arrange the delivery and handover within a reasonable period. If the Supplier fails to arrange the delivery within the specified period, it shall be obliged to notify the User in advance.

(3) If the User is not present at the specified delivery address at the agreed delivery time and has not provided a proper third party to receive the delivery, the Supplier shall make the delivery at another time convenient for the Supplier, and the User shall pay an additional price for the delivery, according to the tariff of the courier or postal operator.

Art. 18. (1) The User must inspect the goods at the time of delivery and handover and, if they do not meet the requirements, immediately notify the Supplier.

(2) If the User does not notify the Supplier in accordance with the previous paragraph, the goods shall be deemed to be approved as complying with the requirements, except for hidden defects.

IX. PROTECTION OF PERSONAL DATA

Art. 19. (1) The Provider processes personal data provided by Users in accordance with its Privacy Policy and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the Personal Data Protection Act and other provisions of the applicable Bulgarian legislation on personal data protection.

(2) The Provider's Privacy Policy is available at the internet address: https://twistellestore.com, and is an integral part of these General Terms and Conditions.

(3) The Provider has the right to store information or access information stored on the User's terminal device in accordance with the "Cookie Policy", provided that:

1. The Provider has provided the User with clear and comprehensive information under Article 13 of Regulation (EU) 2016/679; and

2. The Provider provides the User with the opportunity to refuse storage or access to the information.

(4) The User agrees that the Provider has the right to collect, store and process data about the User's behavior when using the Online Store. The User has the right to object to the storage or access to the information under para. 2 in the ways provided for in the Privacy Policy.

Art. 20. At any time, the Provider has the right to require the User to identify himself and to verify the authenticity of each of the circumstances and personal data announced during registration on the platform and/or placing the order.

X. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 21. (1) These General Terms and Conditions are an integral part of the Contract concluded between the Parties.

(2) By concluding the Contract, the User declares that he is familiar with these General Terms and Conditions and accepts them.

(3) The User and the Provider agree that all statements between them in connection with the conclusion, performance, amendment and termination of the Contract and these General Terms and Conditions may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Certification Services Act and Article 11 of the Electronic Commerce Act.

(4) It is assumed that the electronic statements made by the Users of the E-shop were made by the persons indicated in the data provided by the User when registering the User in the E-shop or when sending an order (offer) by the User without registration.

(5) The User agrees to receive all statements, documents and communications from the Provider in electronic form at the e-mail address specified by the User upon registration in the Online Store or upon placing an order (offer).

(6) Electronic statements, documents and any messages sent by the User to the Provider via the e-mail address specified by the User upon registration in the Online Store or upon placing an order (offer) shall be deemed to be signed with a simple electronic signature. The electronic statement shall be deemed to have been received upon its receipt in any of the information systems specified by the User in the preceding sentence.

(7) The parties agree that the legal force of a simple electronic signature is equivalent to that of a handwritten signature.

Art. 22. Conditions other than those provided for in the General Terms and Conditions may be agreed upon by additional written agreements between the Provider and the User. In the event of a discrepancy between the provisions of the additional written agreements and the General Terms and Conditions, the provisions of the agreement shall prevail.

Art. 23. (1) These General Terms and Conditions may be amended by the Provider, of which the latter shall notify the Users in an appropriate manner.

(2) The Provider and the User agree that any addition and/or amendment to these General Terms and Conditions will be effective against the User in one of the following cases:

1. after explicit notification by the Provider to the email address provided by the User and if the User does not declare within the 14-day period provided to him that he rejects them; or

2. with their explicit acceptance by the User when placing an order in the Online Store.

(3) The application for rejection of an amendment and/or supplement to the General Terms and Conditions within the period under the previous paragraph is equivalent to a unilateral application for termination of the Contract.

Art. 24. The Provider publishes the General Terms and Conditions, together with all amendments and supplements thereto, on the Internet at the following email address: https://twistellestore.com

XI. TERMINATION

Art. 25. These general terms and conditions and the User's contract with the Provider shall be terminated in the following cases:

1. upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;

2. by mutual consent of the parties in writing;

3. in the event of objective impossibility of any of the parties to the contract to fulfill their obligations;

4. upon seizure or sealing of the equipment by state authorities;

5. in the event of deletion of the User's registration in the Online Store. In this case, the already concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;

6. in the cases under Art. 23, para. 3.

Art. 26. The Supplier has the right, at its own discretion, without prior notice and without owing compensation, to unilaterally terminate the contract in the event that it establishes that the User is using the Online Store in violation of these General Terms and Conditions, the legislation of the Republic of Bulgaria, generally accepted moral standards or generally accepted rules and practices in e-commerce.

XII. RESPONSIBILITY

Art. 27. The User undertakes to indemnify and hold harmless the Provider from legal claims and other claims of third parties (regardless of whether they are justified or not), for all damages and expenses (including attorneys' fees and legal costs) arising from or in connection with (1) failure to fulfill any of the obligations under this contract, (2) violation of copyright, production, broadcasting rights or other rights to intellectual or industrial property, (3) unlawful transfer to other persons of the rights granted to the User, for the term and under the terms of the contract and (4) false declaration of the presence or absence of the status of consumer within the meaning of the Consumer Protection Act.

Art. 28. The Provider is not liable in the event of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.

Art. 29. (1) The Provider is not liable for damages caused by the User to third parties.

(2) The Provider is not liable for any material or non-material damages, expressed in lost profits or losses suffered by the User in the process of using or not using the E-shop and concluding purchase and sale contracts with the Provider.

(3) The Provider is not liable for the time during which the E-Store was unavailable due to force majeure.

(4) The Provider is not liable for damages resulting from comments, opinions and publications under the products, news and articles in the E-Store.

Art. 30. (1) The Provider shall not be liable in the event of overcoming the security measures of the technical equipment and resulting in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.

(2) The Provider is not liable in the event of concluding a purchase and sale contract, providing access to information, loss or change of data resulting from false identification of a third party who presents himself as the User, if it can be judged from the circumstances that this person is the User.

XIII. OTHER CONDITIONS

Art. 31. (1) The User and the Supplier undertake to mutually protect their rights and legitimate interests, as well as to protect their trade secrets that have become their property in the process of performing the contract and these General Terms and Conditions.

(2) The User and the Provider undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence conducted between them. The publication of correspondence in printed and electronic media, social networks, Internet forums, personal or public websites, etc. may be considered public.

Art. 32. The possible invalidity of any of the provisions of these General Terms and Conditions shall not result in the invalidity of other provisions of the General Terms and Conditions or the contract.

Art. 33. For issues not settled in this contract, related to the implementation and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.

§1. These general terms and conditions enter into force on DD.MM.2023.

Appendix No. 1

Standard form for exercising the right of withdrawal from the contract:

(fill in and submit this form only if you wish to opt out)

the contract)

- To (trader's name, address and email address are filled in by

the merchant):

- I/we hereby notify* that I/we* withdraw from the agreement concluded by

me/us* contract for the purchase of the following goods*/for the provision of the following service*

- Ordered on*/received on*

- User name(s)

- Address of the user(s)

- Signature of the user(s) (only if this form is on paper)

- Date

-------------------------------------------------- ----

* The unnecessary is crossed out.

Appendix No. 2

Information regarding exercising the right to withdraw from the contract

Standard cancellation instructions:

I. Right to withdraw from the contract at a distance or off-premises.

II. You have the right to withdraw from this contract, without giving any reason, within 14 days.

III. The withdrawal period is 14 days from the date (the date is filled in according to the types of contract specified in item 1, letters "a", "b", "c", "d" or "e" of the Instructions for filling in).

To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached standard withdrawal form, but this is not mandatory.

To meet the withdrawal period, it is sufficient to send your communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

IV. Effect of refusal.

If you withdraw from this contract, we will reimburse to you all payments we have received from you, including the costs of delivery (with the exception of additional costs related to the type of delivery you have chosen other than the least expensive standard type of delivery offered by us), without undue delay and in any event not later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We will make the reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly agreed otherwise; in any case, this reimbursement will not involve any costs for you. (In the case of a sales contract in which you have not offered to collect the goods in the event of withdrawal, the text specified in point 4 of the Instructions for Completion shall be completed).

In cases where the consumer has received goods in connection with the contract (the relevant text may be added in accordance with item 5, letters "a", "b" or "c" of the Instructions for Completion).

In contracts for the provision of services or for the supply of water, gas, electricity, when they are not offered for sale, packaged in a limited volume or a certain quantity, or for central heating (the text specified in item 6 of the Instructions for completion is added).

Instructions for filling out:

1. Fill in one of the following texts in quotation marks:

a) in the case of service contracts or contracts for the supply of water, gas or electricity, where they are not offered for sale, packaged in a limited volume or in a specified quantity, for central heating or for digital content not supplied on a tangible medium: "the date on which the contract is concluded.";

b) in the case of a contract of sale: "the date on which you or a third party other than the carrier and indicated by you took possession of the goods.";

c) in the case of a contract under which the consumer orders many goods in one order, which are delivered separately: "the date on which you or a third party other than the carrier and indicated by you have taken possession of the last goods.";

d) in the case of a contract under which goods are delivered which consist of multiple lots or parts: "the date on which you or a third party other than the carrier and indicated by you have taken possession of the last lot or part.";

e) in the case of a contract for the regular delivery of goods over a certain period of time: "the date on which you or a third party other than the carrier and indicated by you took possession of the first goods."

2. (amended - SG, issue 20 of 2022, effective 28.05.2022) Fill in your name, address, telephone number and email address.

3. If you allow the consumer to electronically complete and submit information about their withdrawal from the contract on your website, complete the following:

"You can also fill in and submit electronically the standard withdrawal form or another unambiguous withdrawal statement on our website (insert internet address). If you use this option, we will immediately send you a message on a durable medium (e.g. by e-mail) confirming receipt of the withdrawal."

4. In the case of a sales contract in which you have not offered to take back the goods in case of refusal, fill in the following:

"We have the right to postpone the refund of payments until we receive the goods back or until you provide us with evidence that you have sent back the goods, whichever of the two events occurs first."

5. If the consumer has received goods in connection with the contract:

(a) add either:

- "We will collect the goods", or

- "We expect you to send us or return the goods to us or to.... (add the name and geographical address, where applicable, of the person authorised by you to receive the goods) without undue delay and in any event not later than 14 days from the day on which you inform us of your withdrawal from this contract.

The deadline is considered met if you send the goods back to us before the 14-day period expires.";

(b) add:

- "We bear the costs of returning the goods.";

- "You must bear the direct costs of returning the goods.";

- if in a distance contract you do not offer to bear the costs of returning the goods and due to their nature the goods cannot be returned in the usual way by post: "You will have to bear the direct costs of returning the goods ______ BGN (add the amount)", or, if the costs of returning the goods cannot be reasonably calculated in advance: "You must bear the direct costs of returning the goods. The costs are expected not to exceed approximately ______ BGN (add the amount)", or

- if in an off-premises contract the nature of the goods does not allow them to be returned in the usual way by post and if they have been delivered to the consumer's home at the time of conclusion of the contract: "We will collect the goods at our own expense.", and

(c) add: "You are only liable for any diminished value of the goods resulting from their testing other than what is necessary to establish their nature, characteristics and proper functioning."

6. In contracts for the provision of services or for the supply of water, gas, electricity, when they are not offered for sale, packaged in a limited volume or in a specified quantity, or for central heating, add the following:

"If you have requested the provision of the services or the supply of water/gas/electricity/central heating (delete as appropriate) to begin during the withdrawal period, you will pay us the amount that is proportional to the amount provided up to the moment you notified us that you are exercising your right of withdrawal from this contract, in relation to the total amount of the contract.