Terms and Conditions - BetterHealthyLife

GENERAL TERMS AND CONDITION

I. SUBJECT OF THE GENERAL CONDITIONS

Please read these Terms and Conditions carefully before using the betterhealthylife.eu site.

These Terms and Conditions constitute an agreement between you (as users and/or visitors) and the owner of betterhealthylife.eu, and are intended to govern the conditions under which the website owner offers the information and services provided on or through betterhealthylife.eu.

The website betterhealthylife.eu is owned by “BETTER HEALTHY LIFE” Ltd.

The Services are offered only upon acceptance of the present General Terms and Conditions, rules and clauses herein. If you do not agree with these terms – please do not use betterhealthylife.eu.

By using the website, each User declares that he has the right, authority and capacity to enter into and be bound by these terms.

By accepting these General Terms and Conditions, the User expressly consents to his personal data being processed in compliance with the requirements of the Personal Data Protection Act, both in relation to these General Terms and Conditions and the use of the website, as well as in connection with the activity of the Supplier of the services and declares that he is 18 years of age.

By providing information (contact and order information of the service recipient) on the website, the service recipient agrees that the service Supplier may contact the recipient regarding the information he has submitted.

These General Terms and Conditions are effective from 01.03.2024.

The services presented on this site are offered only to persons over 18 years of age. If a person who has reached the age of 16 wishes to use the services of the website, he should do so with the assistance and consent of his parent.

II. SERVICE SUPPLIER DATA

Information according to the Law on Electronic Commerce and the Law on Consumer Protection of the Republic of Bulgaria:

1. Company name: “BETTER HEALTHY LIFE” Ltd., UIC: 207335971;

2. Headquarters and address of management: Bulgaria, city of Sofia.

3. Correspondence address: Bulgaria, city of Sofia.

* business email for customer communication: [email protected];

* telephone number for communication with customers: +359888889164;

4. Entry in public registers: Commercial Register at the Registration Agency of the Ministry of Justice of the Republic of Bulgaria.

5. Supervisory authorities:

(1) Commission for the Protection of Personal Data

Address: Sofia 1592, Prof. Blvd. Tsvetan Lazarov” No. 2,

phone: (02) 940 20 46

fax: (02) 940 36 40

Email: [email protected], [email protected]

Website: www.cpdp.bg

(2) Consumer Protection Commission

Address: 1000 Sofia, “Slaveikov” square #4A, floors 3, 4 and 6,

tel.: 02 / 980 25 24

fax: 02 / 988 42 18

hotline: 0700 111 22

Website: www.kzp.bg

III. DEFINITIONS

For the purposes of these General Terms and Conditions, the listed concepts are used with the following meaning:

“WE”, “OWNER”, “SUPPLIER“ is “BETTER HEALTHY LIFE” Ltd., UIC: 207335971;

• “SITE”, “PAGE”, “PLATFORM”, “WEBSITE” is the betterhealthylife.eu;

• “USER” is any natural person who uses any of the services of the betterhealthylife.eu site, only for personal use with a non-commercial purpose, provided that he respects and complies with all copyrights and relevant indications;

• “CLIENT” is any person who has entered into a contractual relationship with the Owner, in connection with the use of the services provided on or by betterhealthylife.eu;

• “PARTNER” is any person with whom the Owner is in a contractual relationship, who has the right to provide additional information about his services to Users of the site.

• “DIGITAL PRODUCTS” are digital content that is not delivered on a physical medium, which is intended entirely for personal use and for non-commercial purposes;

• “SERVICES” of the site includes access to the services and information resources of the site provided through a web browser.

• “PRODUCT/S”/”PROGRAM/S” are the video workouts and exercises offered for sale, without weights, only with bodyweight. A fee is required to receive the video files offered on betterhealthylife.eu;

• “PROCESSING OF PERSONAL DATA” – operation or operations performed by automatic or non-automatic means such as: collecting, recording, organizing, storing, blocking, deleting or destroying data about users of services from the site.

• “ADMINISTRATOR OF PERSONAL DATA” is a natural or legal person, public body, agency or other structure that alone or jointly with others determines the purposes and means of processing personal data.

• “MALICIOUS ATTACKS OF THIRD PARTIES” – actions or inactions of third parties that are contrary to the rules of Internet ethics, including but not limited to DoS (Denial of Service – server overload), server intrusion, deface, data theft etc.

• “ACCOUNT”/”USER PROFILE” means a unique account created for you, giving you access to our platform and the services provided.

• “DEVICE” means any device that accesses the Service, such as a computer, mobile phone or digital tablet.

• “ORDER” is any information entered into the Supplier’s database for the purchase of products from the Supplier’s website catalog.

IV. PROCESSING OF PERSONAL DATA

The Supplier collects and processes personal data of website users in strict compliance with the provisions of Regulation 2016/679 of the European Parliament and of the World of April 27, 2016. The website owner makes all necessary efforts to protect the personal data of website users against unlawful processing. Please note that by visiting this website, your personal data will be collected and stored in accordance with the legislation of the European Union, GDPR and the Republic of Bulgaria. In case this fact is unacceptable to you, please do not use the website.

For more information, please read our Privacy Policy.

V. AGREEMENT TO TERMS AND CONDITIONS. REGISTRATION

With each use of the website, Users declare that they are familiar with these General Terms and Conditions, agree with them and undertake to comply with them.

You can place orders on the site as a registered user or as a guest.

Registration gives you the following benefits:

– Checking the order number;

– Checking the status of the order;

– Saving the User’s data for future orders.

To register as a User on the site for concluding contracts for the purchase and sale of products and services, you should enter your email and a password of your choice. After entering it in the registration form, you will receive an automatic email from the Supplier that you have already created an account. Your username is your email address itself.

We will process your information in accordance with our Privacy Policy.

Before pressing the virtual order button, it is necessary for the User to check with a tick in the corresponding box that he is familiar with the General Terms and Conditions and the Privacy Policy and accepts them. With these actions, an explicit electronic statement is made within the meaning of the Electronic Document and Electronic Signature Act, which declares that the User is familiar with these General Terms and Conditions, accepts them, agrees with them and undertakes to comply with them.

The Supplier is not responsible in case of provision of incorrect data for the provision of the product by the User. In this case, the Supplier has the right to terminate or suspend the provision of the Services immediately and without notice, and the termination of the provision of the Services shall be considered as an automatic termination of the contract.

2. The User can order products/services on the website also as a guest without the need to register. For an order as a guest, the data requested by the Supplier’s system should be filled in.

VI. TECHNICAL STEPS FOR CONCLUSION OF A DISTANCE PURCHASE-SALE AGREEMENT

By pressing the order button, the User places a binding order for products listed in the cart. All data entered is displayed for review before the binding order is sent.

The Supplier will send a notification to the User to register the Order in its system, which does not mean acceptance, confirmation or commitment to its execution. The request gives rise to an action between the parties when the User receives an email confirming that the order has been processed and confirmed.

The Supplier has the right not to fulfill part or all of the Order for various objective reasons. The Supplier may refuse to process the order when there are reasonable doubts that the order is inauthentic, including that it does not come from the User. In all cases, the Supplier notifies the User of this by e-mail. In this situation, the Supplier’s sole responsibility is to return any previously received price of the Product.

Immediately after payment, the User will receive an access code to the e-mail address provided by him, which gives him access to the given group of exercises on the website. The access that the User will receive is for a period of three weeks plus one week bonus. After the expiration of the specified period, the User will lose access to the specific group of exercises. In order to regain access to them, it is necessary to make a payment again.

In case of inaccurate or wrong data provided by the User for an email address for sending the access code, in which case the same is sent to the wrong address, the responsibility lies with the User.

The sales contract concluded between the User and the Supplier consists of the present general terms and conditions and any additional agreements between them.

By sending the order, the User allows the Supplier to contact him in any possible way, when this is necessary, in connection with the order placed.

Copyright on published video tutorials and exercises.

All video tutorials presented for sale on the website are copyrighted works and were created as a result of the Owner’s own research and development. The Supplier owns the exclusive copyright in them. By purchasing access to the website, the Supplier grants the User the sole non-exclusive right to use the product for personal and non-commercial use only. Their unregulated use is considered a crime and the perpetrators will be brought under criminal and civil liability, according to Bulgarian and world legislation. Their copying, sharing, reproduction, distribution, broadcast, transmission, modification or use in any other way leads to a violation of copyright and is subject to legal prosecution, and violators are criminally liable in accordance with the Criminal Code of the Republic of Bulgaria.

For more information, please contact us at the indicated email in the Contacts section.

VII. PRICES

The Supplier has the right to change the prices of the services/products at its discretion and at any time without prior notice to the Users. The user is obliged to pay the price that was current at the time of placing the order. In case of technical errors in the publication of product prices on the site, the Supplier has the right to refuse the execution of the order and does not owe compensation in any way to the User.

The Supplier reserves the right to withdraw all products from the e-store on the Website and may at its sole discretion refuse to process an order for any reason at any time without prejudice to the User’s statutory rights. The Supplier shall not be liable to the User or any third party due to withdrawal of any product/program from the e-store or refusal to process any order.

When prices are reduced, the reduced prices are announced, with the new price placed next to the old one, which has been crossed out.

VIII. PRESENTATION OF PRODUCTS

Each product/service presented on the site is accompanied by a price and basic characteristics. The Supplier has the right to make changes to the published products, services and prices at any time and without warning.

It is possible that some of the information published on the site refers to products that are not offered and are not available at the moment.

The Supplier is not responsible for technical errors made in the presentation of the products.

IX. PAYMENT

Payment can be made using a PayPal account, with a credit/debit card. It is necessary for the User to confirm that the credit / debit card used is his. All credit / debit card holders are subject to checks and authorization by the card issuer. The Supplier reserves the right to refuse credit card payments at its reasonable discretion.

The Supplier undertakes to provide a service to the User only after confirming the payment for the relevant product in his bank account.

Upon finalization of the order and its confirmation by the User, the latter undertakes to pay the price of the order and again declares that he is aware of the fact that the order is associated with an obligation to pay on his part, as well as with these General Terms and Conditions. After finalization and confirmation of the order by the User, the electronic store system automatically sends an informational e-mail that confirms receipt of the order in the Supplier’s system.

If the amount cannot be collected due to insufficient funds, false bank details or if the customer refuses the debit, although he is not entitled to do so, the customer must bear the fees generated for each refund or failed transaction by the relevant credit institution, if they are the result of his actions.

X. WAIVER OF DISTANCE SELLING AGREEMENT. REFUNDS

Please note the following conditions for accessing the exercises offered on the website:

The user does not have the right to withdraw from the concluded contract for the purchase and sale of a distance service because it concerns:

1. for the provision of services where the service has been fully provided and the performance has begun with the express prior consent of the user and confirmation by him that he knows that he will lose his right of withdrawal after the contract has been fully fulfilled by the Supplier. Acceptance of these General Terms and Conditions is tantamount to such express consent by the User;

2. for the provision of digital content that is not delivered on a material medium, when the performance has begun with the express consent of the user, who has confirmed that he knows that he will thereby lose his right of withdrawal.

The Supplier does not refund amounts paid by the Users to gain access to exercises provided by the Supplier on the website. Please keep this notice in mind when placing an order through betterhealthylife.eu. Due to the nature of the products offered, after payment, the amounts paid for them are non-refundable.

Amounts paid for access can only be refunded in the event of a proven technical payment error, namely when the user mistakenly paid for the same product more than once in the same order. In this case, the Supplier will refund the amount paid twice.

XI. RIGHTS AND OBLIGATIONS OF THE PARTIES

• Users are not allowed to disable or disrupt the functionalities of the website and carry out malicious attacks.

• The type and specifics of the possibilities for using the website can be changed unilaterally, at the discretion of the Supplier.

• All users are granted the right to use the services of the site, solely for personal/non-commercial purposes subject to compliance with the applicable legislation and the requirements specified in these General Terms and Conditions.

• The content of the Internet site is determined by the Supplier, who also has the right to change the content of his site at any time, adding and/or removing sections and/or materials at his discretion.

• Access to the site may be temporarily suspended or restricted in order to maintain the site or introduce new services. Due to the nature of the Internet, uninterrupted access cannot be guaranteed.

• The user has no right to disable or disrupt the functionalities of the website and carry out malicious attacks.

• The Supplier has the right to compensation for all damages, expenses and claims of third parties, which are a consequence of a violation of these General Terms and/or unregulated use of the site’s services.

• The user has no right to extract by technical means or in a technical way information resources or parts of information resources belonging to the databases located in the store.

• The site owner has the right to use cookies. “Cookies” are used for the purpose of optimization and ensuring full and high-quality use of the site’s functionalities.

The user undertakes:

• to indicate an accurate and valid email address for correspondence;

• to pay the price of the product requested by him;

• take all care and take the necessary measures that are reasonably required to protect your password;

• not to submit fictitious or invalid applications or other false information. The user bears full responsibility for the protection of his password, as well as for all actions performed by him or a third party by using it.

• to comply with legislation, these General Terms and Conditions, Internet ethics, rules of morality and good manners;

• The Owner has the right to disable or delete the user name and password for access to the user profile of the registered user and in the event that the registered user violates the owner’s intellectual property right on the intellectual property objects contained on the website.

• The Owner may place electronic references to other Internet pages and resources and advertising banners on the website for the sale of goods and the provision of services by third parties, including under the conditions of Contextual Advertising. By accepting these General Terms and Conditions, the user agrees to the placement of electronic links and advertising banners under the conditions of Contextual Advertising.

XII. LINKS TO THIRD PARTY SITES

The website betterhealthylife.eu may contain special links (links, hyperlinks) to other websites maintained by third parties. The Supplier is not responsible for the legality, completeness, accuracy and up-to-dateness of the content of information resources of third parties to which electronic references from this site point, nor for the legality of the activities of these third parties.

The site owner does not operate or control and is not responsible for the information, products and/or services found on external sites. Neither such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, express or implied. , warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

XIII. COPYRIGHT

The entire content of all articles, pages, audio/video materials, logos, graphic images, captions, images and other resources uploaded to the site belong to the Owner and are protected within the meaning of the Copyright Law of the Republic of Bulgaria and its related rights, the Code of international private law, as well as the EU Copyright Regulations. Their unregulated use is considered a crime and the perpetrators will be brought under criminal and civil liability according to Bulgarian and world legislation. Their copying, sharing, reproduction, distribution, broadcast, transmission, modification or use in any other way leads to copyright infringement and is subject to legal prosecution and offenders are criminally liable in accordance with the Criminal Code of the Republic of Bulgaria

The materials on this Site may not be modified in any way, nor may they be copied, publicly distributed or given away for any public or commercial purpose. Notwithstanding the above, the user is not entitled to remove the trademark and other intellectual property rights from the materials available to him, regardless of whether the holder of the relevant rights is the owner or a third party.

XIV. SETTLEMENT OF DISPUTES

All disputes arising out of or relating to these General Terms and Conditions, including disputes arising out of or relating to their interpretation, invalidity, performance or termination, as well as disputes to fill gaps in the General Terms and Conditions or adapt them to new circumstances, shall be resolved by understanding and mutual concessions.

XV. RESCUE CLAUSE

The fact that a separate provision of these General Terms and Conditions is or may be declared illegal, invalid or unenforceable does not result in the illegality, invalidity or unenforceability of the remaining provisions of the General Terms and Conditions.

XVI. TERMINATION

Apart from the cases provided for in these General Terms and Conditions, the contract between the parties is also terminated upon the occurrence of any of the following circumstances:

(a) the Owner’s termination of operation or cessation of maintenance of the Website;

(b) mutual consent of the parties to the termination;

XVII. UNILATERAL TERMINATION

The Supplier reserves the right to suspend or terminate the User’s ability to use the Site at any time, for a specific reason or in the absence of such. The Supplier can block his access to the Page and in case of:

(a) violation of these General Terms and Conditions, legislation in the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practice in electronic commerce;

(b) if it is unable to authenticate or identify the information provided by the User or

(c) believes that as a result of the actions of the User, financial losses or legal liability may arise for the User, for the Supplier’s customers or for its organization.

In the event that your account is disabled or deleted, your only option is to request reinstatement of your account by contacting the Supplier.

XVIII. APPLICABLE LAW

The provisions of the current legislation of the Republic of Bulgaria apply to all matters not settled by these General Terms and Conditions. Any disputes arising between the Owner and the User will be resolved by mutual agreement or if this is impossible, the disputes will be resolved before the competent court in the city of Sofia.

XIX. CHANGES TO TERMS AND CONDITIONS

In view of the periodic supplementation and modifications of the Services, their improvement and expansion, as well as in connection with possible legislative changes that reflect on them, the General Terms and Conditions may be changed unilaterally by the Supplier. This change can also be made in the event of a change in the type, nature or technology of the Services provided, in the termination of the provision of certain Services, as well as in the event of a change in economic conditions.

When making changes to the General Terms and Conditions, the Supplier brings them to the attention of the Users by publishing them on the Website.