These terms of use govern the relationship between TOMIS Ltd and its customers. By clicking on an item, image, link, or button located on the website www.tomis.bg, you are deemed to accept or agree to these terms of use.
1. Definitions
For the purposes of these terms of use, the expressions listed below will have the following meanings:
TOMIS Ltd is an active commercial company, duly registered in accordance with the requirements of Bulgarian law, under the name TOMIS Ltd, UIC: 115555539, with its registered office and management address at Plovdiv, Kuklensko Shosse Blvd. No.12.
Internet page refers to the website in the public internet space with the domain www.tomis.bg.
Account means an account registered on www.tomis.bg.
Online store refers to the virtual store located at www.tomis.bg, providing the ability to purchase goods over the internet.
User means a person using the functionalities of the website.
Buyer means a person who purchases goods from the online store.
Consumer refers to a consumer as defined by the Consumer Protection Act (“CPA”).
Personal data means personal data as defined by the Personal Data Protection Act and European legislation (“PDPA”).
Content has the following definition:
- All information on the website that can be viewed through the use of an electronic device;
- The content of all electronic messages sent to the user and client by TOMIS Ltd via electronic means and/or any other means of communication;
- Any other information to the user or client received from a TOMIS Ltd employee, regardless of the means of communication;
- Information related to products, services, prices, discounts, and/or fees applied or offered by TOMIS Ltd;
- Information concerning TOMIS Ltd or any information sourced from TOMIS Ltd
Client refers to a person who accesses the content, services, or website of TOMIS Ltd in any way, and who, by creating their own account, uses the services offered by TOMIS Ltd
Account is an element consisting of a full name, phone number, email address, country, and password, allowing only one client to access restricted parts of the website and through which services are available and information is exchanged between TOMIS Ltd and the client.
Distance contract is any contract concluded between TOMIS Ltd and a client without physical contact, using one or more means of remote communication exclusively until the conclusion of the contract, including at the time the contract is made. For clarity, it is agreed that each individual order represents a separate distance contract.
Brochure, notification, announcement are electronic informational tools regarding products or promotions offered by TOMIS Ltd during a specific period, without binding TOMIS Ltd to the provided information.
Video consultation is a direct video connection between a client and a TOMIS Ltd employee.
2. General provisions
2.1. This document defines the terms of use under which the client may use the website and its content, place an order for goods offered by TOMIS Ltd, in cases where no other valid written agreement exists between TOMIS Ltd and the respective client. This document also applies to the regulation of the relationship between TOMIS Ltd and the client regarding distance contracts concluded between them.
2.2. The use of the website, including but not limited to accessing, visiting, and viewing the content of the website and/or goods, including making statements and entering into contracts, implies that the client is familiar with, agrees to, accepts, and commits to complying with these terms of use.
2.3. Access to services provided by TOMIS Ltd for entering into distance contracts is only possible through the publicly available website www.tomis.bg.
2.4. The client is responsible for any material damages caused to TOMIS Ltd and/or third parties resulting from their actions and/or omissions while using the website, its content, and the services provided.
2.5. If the client disagrees with and/or does not accept and/or cancels their agreement with these terms and conditions, they must refrain from using the website, its content, and services, making statements, and entering into contracts under these terms. If the client fails to fulfill their obligations under the previous sentence, section 2.2. of these terms will apply.
2.6. The client cannot retroactively withdraw their agreement with the content of these terms while a contractual relationship is in effect or until all amounts owed under the contract are paid to TOMIS Ltd
2.7. The client has the right to withdraw their agreement with this document at the time of placing an order, provided they have no obligations to TOMIS Ltd and only if the order has not yet been processed. In this case, TOMIS Ltd will cancel the order without incurring additional obligations and without either party being liable for any damages.
2.8. The services on the website may only be used by clients who are properly registered (have completed a registration form in accordance with TOMIS Ltd’s requirements) and have not been rejected by TOMIS Ltd, regardless of the reason. Individuals under the age of 18 are not permitted to use the website, its content, and services, make statements, or enter into contracts under these terms. By registering on the website and creating an account, the individual declares that they are of legal age (18 years or older) and that the data provided is accurate. The client is legally responsible for using false information.
2.9. By placing an order through the website portal, the client declares that they are familiar with and accept these terms and conditions, and they explicitly consent to enter into distance contracts.
2.10. TOMIS Ltd has the right to transfer its rights and obligations under this document and any distance contract to a third party. In such cases, TOMIS Ltd is not released from liability for the fulfillment of transferred obligations to the client, and the transferee becomes jointly liable with TOMIS Ltd for the performance of these obligations. The transfer of rights is carried out with a written notification from TOMIS Ltd to the client.
3. Content
3.1. All content, including but not limited to static images, dynamic images, text and/or multimedia content, design, software, databases, information, and any other content published on the website, is the exclusive property of TOMIS Ltd
3.2. Without the express written consent of TOMIS Ltd, the client is not authorized to copy, transfer, modify, or make any other alterations, use, link to, display, or include any content in a context outside of TOMIS Ltd, including any content from TOMIS Ltd’s website, by removing images, trademarks, distributing materials prepared for reproduction, modification, or displaying content.
3.3. Any use of the content for purposes other than those explicitly mentioned in these terms is prohibited.
4. Contact
4.1. TOMIS Ltd publishes its complete and accurate identification details on the website, as well as its contact information for clients.
4.2. By filling out the contact form provided on the website, the client agrees and allows TOMIS Ltd or its representative to establish contact with the client using the provided information.
4.3. Partial or full completion of the contact form does not obligate TOMIS Ltd to respond to the client.
4.4. By completing the contact form, the client explicitly gives consent to receive notifications, messages, and information from TOMIS Ltd Accessing the website, using the provided information, visiting its pages, or sending email notifications addressed to TOMIS Ltd are performed electronically, by phone, or by other available means, which presumes that the client agrees to receive notifications from TOMIS Ltd electronically and/or by phone, including email communication or notifications on the website.
4.5. TOMIS Ltd reserves the right not to respond to any requests of any kind received in any manner (electronically, by phone, etc.).
5. Brochures, notifications, and messages
5.1. By creating a profile on the website and accepting the general terms and conditions, the client agrees by default to receive brochures, messages, and/or notifications from TOMIS Ltd The client may at any time choose to agree or decline to receive the “Newsletter” sent by TOMIS Ltd via their profile.
5.2. The client may refuse to receive brochures and/or notifications at any time by notifying TOMIS Ltd in writing. Refusal to receive brochures and/or notifications does not mean that the client rejects, alters, or withdraws their acceptance of these general terms and conditions.
5.3. TOMIS Ltd reserves the right to choose to whom it sends brochures and/or notifications, as well as to remove from its database any client who has agreed to receive brochures and/or notifications, without any further obligations on the part of TOMIS Ltd or additional notification.
6. Personal data, confidentiality
6.1. By accepting these general terms and conditions, the client explicitly agrees to the processing of their provided personal data by TOMIS Ltd TOMIS Ltd processes (collects, uses, provides, etc.) personal data of clients only for the following purposes:
- Confirmation, delivery, and invoicing of an order;
- Verification, confirmation, and processing of payments and transfers;
- Cancelling orders and resolving other issues related to the order or contract for purchased products;
- Providing access to goods, including the execution of distance contracts and all related relationships between the parties;
- Sending brochures, notifications, and messages for marketing purposes;
- Contacting clients for customer service, marketing, and strategic purposes.
6.2. The client has the right to object to the collection of personal information and request its deletion, thereby withdrawing their consent to these general terms and conditions and waiving any rights described therein, without further obligation from either party towards the other and/or without either party being liable for any damages caused to the other.
6.3. The client has the right to amend the initial data provided by them to declare any changes, if applicable.
6.4. The personal data requested by TOMIS Ltd during client registration is used solely for the purpose of providing services – confirming and fulfilling orders, delivering information via the newsletter, and communicating with users in case of any issues related to the order of goods from the website. TOMIS Ltd guarantees that this data will not be provided to third parties in any form or used for purposes other than those described above.
6.5. TOMIS Ltd may process and provide personal data to third parties in cases where it is required by authorized state or municipal authorities, as well as in cases provided by the applicable legal act at the time of the event.
7. Sales through TOMIS Ltd’s online portal
7.1. Access to services
7.1.1. Access to services is allowed to any client who has filled out the registration form, created a profile on the TOMIS Ltd website, and paid the required fee for the service.
7.1.2. In order to be granted access to services, the client must accept these general terms and conditions.
7.1.3. TOMIS Ltd may limit access to services for any client due to their previous unlawful actions and/or inactivity without prior notice.
7.1.4. Each client may have only one profile on the website. TOMIS Ltd does not allow sharing a single profile between multiple people and explicitly states that the client is responsible for any damages resulting from such sharing. Despite this, TOMIS Ltd reserves the right to limit or terminate access to the website without warning if it detects any attempt to share and/or unauthorized sharing of a profile between multiple individuals.
7.2. Offered products
7.2.1. TOMIS Ltd may publish information on the website regarding offered products, active promotions, expected products, future promotions, etc.
7.2.2. TOMIS Ltd may at any time limit the ability of one or more clients to purchase available products.
7.2.3. All prices associated with presented products are in Bulgarian Lev (BGN) and include value-added tax (VAT). The product price may not include the delivery cost, if applicable, in which case TOMIS Ltd will specify the exact additional delivery costs on the website before completing the order, along with the total order value, including the product prices, all taxes, fees, and delivery costs. By concluding the distance contract, the client explicitly agrees to pay the total value, including delivery costs, if any, as specified at the time of contract conclusion.
7.2.4. Invoices for purchased products are issued only in Bulgarian Lev (BGN) and are issued only in the name of the client who made the order.
7.2.5. All information used to describe products on the website, including but not limited to text, static and dynamic images, multimedia presentations, and others, does not constitute contractual obligations for TOMIS Ltd, but is for presentation purposes only.
7.2.6. TOMIS Ltd reserves the right to change the prices of offered products without prior notice to the client.
7.2.7. The product price is the one listed at the time of the order.
7.2.8. The price of promotional products is the one listed at the time of the order during the promotional period, if specified, and under other conditions explicitly stated by TOMIS Ltd, if any.
7.2.9. The client may cancel the purchased products under the terms and conditions of section 7.6 of these general terms and conditions.
7.2.10. At its discretion, and under unilaterally determined conditions, TOMIS Ltd may offer an additional discount to certain clients.
7.3. Order through the Internet
7.3.1. The client may order the products offered by TOMIS Ltd at any time only through the website and via their registered profile.
7.3.2. By placing the order, the client declares that all information required for the purchasing process is accurate, complete, and up to date at the time of completing the order.
7.3.3. By placing the order, the client agrees that TOMIS Ltd may contact them via all available communication means to confirm the order value and/or clarify the terms of use of the products.
7.3.4. TOMIS Ltd may unilaterally refuse to fulfill all or part of the client’s order, notifying the client in advance, with no further obligations for either party and no liability for damages in the following cases:
7.3.4.1. The information provided by the client on the website is incomplete and/or incorrect.
7.3.4.2. The client’s actions on the website may cause and/or are causing harm of any kind to TOMIS Ltd and/or its partners or clients.
7.3.4.3. Other valid reasons.
7.3.5. The website will specify, at the latest when the ordering process starts, whether there are any restrictions on product delivery and what payment methods are accepted. Typically, the client should choose one of the following payment methods:
7.3.5.1. Bank transfer.
7.3.5.2. Cash on delivery.
7.3.6. The client agrees to make payment according to the selected payment method and under the terms agreed with the respective payment service provider. If TOMIS Ltd does not receive the payment according to the selected payment method, it has the right to consider the client’s order invalid or to treat it as a cancellation.
7.3.7. If the client changes their personal information via the available templates on the website, all existing contracts active at that time remain valid with the data provided by the client at the time of the contract conclusion.
7.4. Contract and fulfillment
7.4.1. The contract is considered concluded when the client confirms the order, and TOMIS Ltd receives payment for the ordered products.
7.4.2. After confirming payment, TOMIS Ltd will deliver the ordered products to the client according to the terms and deadlines of the concluded contract.
7.4.3. The risk associated with the use of the products passes to the client at the moment the client receives the product, from which point the client is considered to have started using the products.
7.5. Quality and warranties
7.5.1. The client has the right to benefit from the legal warranty under the Consumer Protection Act regarding the conformity of the purchased products with the sales contract.
7.6. Right of withdrawal
7.6.1. The client may withdraw from the distance contract within 14 days from the date they receive the goods/service, provided the product is in its original, unopened packaging.
7.6.2. The provision of section 7.6.1. does not apply to contracts for the delivery of goods made according to the consumer’s specifications or individualized requirements or when the goods are not in stock and require additional delivery. In such cases, the client cannot withdraw from the distance contract. The client will be informed before completing the order that the product is not in stock or is being made to order.
7.6.3. The client is obligated to notify TOMIS Ltd of their intention to withdraw from the distance contract according to section 7.6.1., clearly stating their decision through any written communication means (e-mail, fax, or others) within the 14-day period.
7.6.4. The client explicitly agrees and confirms that upon receipt of the product, the contract with TOMIS Ltd will be considered fulfilled.
7.6.5. In case of withdrawal from the distance contract according to section 7.6.1., TOMIS Ltd will refund all payments received from the client within 14 days from the date of the client’s notification of withdrawal. The refund will be made by bank transfer to the client’s personal bank account in Bulgaria, with no costs for the client. Delivery charges and payment processing fees are non-refundable.
8. Abuse of Data
8.1. TOMIS Ltd does not take any responsibility if the Client is deceived by and/or suffers damages from the actions or inactions of third parties who impersonate representatives of TOMIS Ltd.
8.2. The Client agrees to inform TOMIS Ltd in case of such attempts, using the available contact forms.
8.4. Communications from TOMIS Ltd through means of remote communication (e.g., email) must contain full and consistent information about the sender and links to them at the time of sending.
9. Liability
9.1. TOMIS Ltd is not responsible for the actions of any person who uses the Content and/or information from the website.
9.2. TOMIS Ltd is not responsible for any damages resulting from the use or inability to use information regarding the type of content presented on the website, or for any errors or omissions in the Content that may cause damages.
9.3. TOMIS Ltd does not guarantee access to the website, Content, Profile, or Products, and does not grant the right to download or modify, copy, or use Content in any other way, or transfer content to third parties, which the Client has access to, without explicit written permission from TOMIS Ltd.
9.4. TOMIS Ltd is not responsible for the Client’s use of the provided products. To avoid any doubt, the Client declares and agrees that:
9.4.1. they are familiar with the specifics of the products offered by TOMIS Ltd.
9.5. The Client confirms and agrees that the responsibility for any damages that may occur from incorrect execution or application of the products lies entirely with the Client and is at their expense.
10. Inspection of goods, complaints
Upon receipt of the goods, the buyer is obligated to inspect them immediately. If any visible defects, damaged packaging, or missing documents required by Bulgarian legislation are found, the buyer must immediately inform the person performing the delivery. If they do not do this, the item is considered approved, and the buyer loses the right to later claim that the goods were delivered with visible defects or missing required documents. Complaints for goods purchased through the online store are handled according to the rules of the Consumer Protection Act (only for consumers) and/or according to the terms and conditions of the commercial warranty. Address for complaints: Plovdiv, Kuklensko Shosse No.12, for TOMIS Ltd. Technical support phone: +359 32 678299.
11. Force majeure
11.1. Unless explicitly stated otherwise, neither party to an ongoing contract is responsible for non-performance, either partially or completely, and/or in cases where obligations are outside the terms of the contract, if non-performance is due to force majeure.
11.2. The party or its legal representative invoking force majeure must immediately and thoroughly inform the other party about the event and take measures to prevent it in order to limit its consequences.
11.3. The party or its legal representative invoking the event described above is released from responsibility only if the event prevents them from fulfilling the contract in good faith.
11.4. If the event cannot be overcome within 14 days from its occurrence, either party has the right to request the termination of the contract, without either party being liable for any damages.
12. Disputes and applicable law
12.1. By using, visiting, viewing, and more on the TOMIS Ltd website, the Client agrees to these Terms and Conditions.
12.2. Any disputes arising in connection with these Terms and Conditions between the Client and TOMIS Ltd will be resolved by mutual agreement. If this is not possible, they will be referred to the competent Bulgarian court in accordance with Bulgarian legislation.
12.3. TOMIS Ltd is not responsible for any damages, lost profits, expenses, claims, or other liabilities that arise from the failure to comply with these Terms and Conditions.
12.4. If any of the conditions or provisions mentioned above is found to be invalid for any reason, this will not affect the validity of the remaining provisions.
13. Final provisions
13.1. TOMIS Ltd reserves the right to unilaterally and without prior notice make changes to these Terms and Conditions and any changes to the website and its structure.
13.2. TOMIS Ltd is not responsible for any errors that may occur on the website due to any reason, including those caused by changes, settings, or others that were not made by the website administrator.
13.3. If the Client has any questions, inquiries, or suggestions, they can contact TOMIS Ltd by phone at +359 32 678299 or by email at info@tomis.bg.
TOMIS Ltd
Plovdiv, Bulgaria