English translation for information. The Bulgarian version of these General Terms is legally binding.
GENERAL TERMS OF USE
of the online shop WWW.COSATTO.BG and the purchase of goods and services
These General Terms govern the relationship between NEWVIVA Ltd, UIC 201884970, represented by Georgi Nikolov, with registered office and address of management: Sofia, Mladost 4, Prof. Aleksandar Tanev St., bl. 460A, entr. 2, and the users of the services offered by www.cosatto.bg. Www.cosatto.bg is an online shop offering goods for children, some of which may be available only to order. The products offered on the site are subject to copyright and are intellectual property – including product descriptions, the logo and the design of the shop.
The same GENERAL TERMS apply to contracts/sales concluded through the Facebook page and Instagram profile of www.cosatto.bg.
I Subject
These General Terms have the nature and force of a concluded contract.
Art. 1. These General Terms apply to customers and users who access the website www.cosatto.bg, as well as the Facebook page and Instagram profile of www.cosatto.bg, created and managed by NEWVIVA Ltd.
Please read these General Terms carefully before accessing the Site.
Art. 2. If you do not agree with these GENERAL TERMS, please stop using the site. If you have any questions, you can contact us using the details in section II.
II Seller details
Art. 3. The site www.cosatto.bg, as well as the Facebook page and Instagram profile of www.cosatto.bg, are administered by NEWVIVA Ltd.
Art. 4. You can contact NEWVIVA Ltd as follows:
- Phone: +359 887 132 548
- Email: office@cosatto.bg
- Registered address: Sofia, Mladost 4, Prof. Aleksandar Tanev St., bl. 460A, entr. 2
- Office and service centre: 16 Aleksandar Malinov Blvd., Sofia; warehouse: 3 Simeon Petrov St., Bozhurishte (Metrika warehouse)
III Definitions
Art. 5. In these GENERAL TERMS, Trader/Seller means NEWVIVA Ltd.
Consumer/Customer means any natural or legal person who uses the site www.cosatto.bg and its Facebook page and Instagram profile in any way, including browsing.
Art. 6. Site in these GENERAL TERMS means the web address www.cosatto.bg, as well as the social media profiles on Facebook @cosatto България and Instagram @cosattobulgaria.
Art. 7. Account – a section of www.cosatto.bg, made up of an email address and a password, which allows the Customer to use the services of the Site where one is required.
IV General provisions
Art. 8. The General Terms of NEWVIVA Ltd are binding on all users and customers of www.cosatto.bg and on customers of the company's Facebook page and Instagram profile.
(1) Any use of https://cosatto.bg/ or of the social media profiles means that you have read the General Terms of use carefully and agree to comply with them unconditionally.
(2) The General Terms may be changed unilaterally by NEWVIVA Ltd at any time. Changes take effect immediately after they are updated 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 own discretion or where required by legislation that has entered into force.
(4) In every case of a change to the General Terms, NEWVIVA Ltd will inform its customers and users by publishing the changes on the Site. Users are therefore obliged to check for any changes to the General Terms of www.cosatto.bg each time they use it.
(5) If any provision of these General Terms proves inapplicable or invalid for any reason, this does not invalidate the remaining provisions.
Art. 9. The team administering www.cosatto.bg makes efforts to keep the information on the Site accurate. However, please bear in mind that technical errors or other omissions are possible. Product images are illustrative and indicative, and the products delivered may differ from the images within acceptable limits.
Art. 10. Product characteristics or prices on www.cosatto.bg may change at any time. We apologise in advance to users of WWW.COSATTO.BG for any technical errors.
Art. 11. All goods, including those on promotion/discount, are sold and delivered while stocks last, even if this is not expressly stated on www.cosatto.bg.
Art. 12. www.cosatto.bg may contain links to other sites. The website www.cosatto.bg is not responsible for the privacy policy of websites it does not administer, or for any other information they contain.
V Conclusion of the contract
Art. 13. The Consumer states their wish to order/purchase goods through the online shop www.cosatto.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 https://cosatto.bg/. This does not guarantee that the order will be fulfilled! You will receive an explicit confirmation by email or phone 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 this case, the Seller must refund any prepaid amount for the order or for the unfulfilled part of it. The Customer will always be notified by www.cosatto.bg by email or phone.
(4) You do not need to register 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 a notification that the Goods in the Order are ready for dispatch or that the Service can be provided.
(7) The sales contract concluded between the Customer and the Seller consists of these General Terms and any additional agreements between the Seller and the Buyer.
(8) The subject of the sales contract is a product offered on www.cosatto.bg; the product description states the type of product, the material it is made of, its main characteristics such as size and approximate weight, as well as the delivery cost.
Every product available on the website carries a legal guarantee of conformity for a period of 3 (three) years.
VI Online sales policy
Art. 14. Any user may register on www.cosatto.bg.
(1) www.cosatto.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 in any way harm www.cosatto.bg. The Customer may contact www.cosatto.bg to be informed of the reasons for such restrictions. www.cosatto.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 opinions about goods and/or services and contact www.cosatto.bg at the addresses in the “Contacts” section. Opinions or messages containing obscene words or inappropriate content will be removed by www.cosatto.bg.
Art. 16. Communication with the Seller may take place directly or by the other means listed in the “Contacts” section.
Art. 17. www.cosatto.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.cosatto.bg are final, stated in euro (EUR), and include VAT and all other taxes or fees required by law.
Art. 19. For online or bank payments, the seller is not liable for any costs related to 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 differs from that of the card.
Art. 20. 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 of goods or services on the platform (static/dynamic images, multimedia presentations, etc.) may therefore not match the actual appearance of the goods or may give a wrong impression of the service offered. The Seller is not liable for such discrepancies.
VII Orders. Right of withdrawal
Art. 21. The Customer/Consumer is responsible for ensuring that all data provided to www.cosatto.bg in connection with the order are true, complete and accurate at the time the order is sent.
Art. 22. By sending the order, the Customer/Consumer allows NEWVIVA Ltd, if necessary, to contact them by any possible means in connection with the order and the concluded Contract.
Art. 23. The Seller has the right to refuse to fulfil (to cancel) an order placed by the Customer/Consumer, and shall notify them of this.
Art. 24. Cancellation of the order by the seller or the buyer does not create any liability or subsequent obligation for either party. Neither party is entitled to claim compensation for the cancellation in the following cases:
- the Customer's/Consumer's issuing bank does not accept the transaction for an online payment;
- a money transaction that does not result in funds being received in the seller's account for online payments.
If the Customer/Consumer provides incomplete and/or incorrect data, the Seller may claim from the buyer the courier costs incurred for the failed delivery.
Art. 25. (1) Within 14 (fourteen) days of concluding the contract for a service, or within 14 (fourteen) days of receiving the goods for a purchase of goods, the Customer/Consumer has the right to return the product without giving any reason and without owing penalties or other compensation, unless the cases in section IX of these General Terms apply.
The Customer/Consumer bears all direct costs of returning products/services offered by www.cosatto.bg if they withdraw from the distance contract within the withdrawal period. Such costs may include packaging or courier fees for sending or returning the product. This provision does not apply to products made to the customer's order or to some of the cases described in Art. 36 and Art. 37 of these General Terms.
(2) The Customer/Consumer exercises the right of withdrawal by notifying the Seller of their decision. The easiest way is online with the “Withdraw from the contract here” button (https://cosatto.bg/otkaz-ot-dogovora) – with the order number and the email used for the order. No form is needed. The Customer may also notify the Seller with any other unequivocal statement to office@cosatto.bg or by phone on +359 887 132 548.
(3) The Customer returns the product within 14 days of the withdrawal notice to: Newviva Ltd, 3 Simeon Petrov St. (Metrika warehouse), Bozhurishte, tel. +359 887 132 548. Where possible, a copy of the invoice or receipt should be included. The Customer chooses the shipping method, and courier and other direct return costs are at their expense.
(4) It is preferable for the product to be returned in its original packaging, but this is not a condition for exercising the right of withdrawal. The Customer is only liable for any diminished value of the product resulting from handling other than what is necessary to establish its nature, characteristics and functioning.
Art. 26. (1) The Seller refunds all amounts received from the Customer/Consumer under the contract from which they have withdrawn, including standard delivery costs, without undue delay and no later than 14 (fourteen) days from the date on which the Seller was informed of the withdrawal.
(2) The amount is refunded at no extra cost to the Customer:
- Debit or credit card payments – to the card used for payment, or to a bank account (IBAN) if the Customer has expressly agreed to this in the withdrawal form;
- Cash on delivery or bank transfer payments – to a bank account (IBAN) provided by the Customer;
- Consumer credit payments – after termination of the consumer credit agreement and recalculation of the instalments, usually to the bank account from which the instalments were paid or in another way determined by the lending bank.
Art. 27. The Seller may withhold the refund until the goods have been received back or until the Customer has supplied evidence of having sent them back, whichever is earlier, unless the Seller has offered to collect the goods.
VIII Intellectual property
Art. 28. All content on www.cosatto.bg, including the logo with the COSATTO lettering, texts and images, and product descriptions, is the property of NEWVIVA Ltd or of third parties from whom NEWVIVA Ltd has obtained consent for reproduction.
Art. 29. NEWVIVA Ltd reserves all its intellectual property rights related in any way to the site www.cosatto.bg and the products on it.
Art. 30. Certain products shown on www.cosatto.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. 31. Users may use the content of the site only for the purpose of buying and selling. Use of the content for other purposes is considered a breach of these General Terms of www.cosatto.bg and an infringement of the intellectual property of NEWVIVA Ltd.
Art. 32. Every product shown on www.cosatto.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 conformity with European legislation on children's toys – standard EN 71.
Art. 33. (1) The Customer may copy, transfer and/or use the content only for personal, non-commercial purposes, only where this does not contradict this chapter and with the express consent of NEWVIVA Ltd.
(2) NEWVIVA grants owners of other sites and users the right to publish links to the online shop www.cosatto.bg.
(3) Copying texts from www.cosatto.bg and placing them on other websites and online shops is prohibited without the express consent of NEWVIVA Ltd or without citing the source with the text: “Source: Online shop for children's goods – www.cosatto.bg”, and the link must lead to the online shop www.cosatto.bg.
Art. 34. NEWVIVA Ltd holds the copyright to the content of the website www.cosatto.bg, including but not limited to product descriptions and advertising content published on behalf of NEWVIVA Ltd or the website www.cosatto.bg.
IX Goods and services for which the Customer has no right of withdrawal
Art. 35. The Customer has no right to withdraw from the contract in the following cases:
- for services that have been fully performed where performance began with the Customer's express prior consent and acknowledgement that they will lose the right of withdrawal once the contract has been fully performed by the seller;
- for goods or services whose price depends on fluctuations in the financial market which the seller cannot control and which may occur during the withdrawal period;
- for goods made to the customer's order or clearly personalised;
- for goods which, by their nature, are liable to deteriorate or have a short shelf life;
- for sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
- for goods which, after delivery and by their nature, have been inseparably mixed with other goods;
- for sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
- for digital content not supplied on a tangible medium where performance has begun with the customer's express consent and acknowledgement that they thereby lose their right of withdrawal.
Art. 36. The Customer has no right to withdraw from a Contract where the goods ordered are not mass-produced or kept in stock but are made individually and specifically for them.
Art. 37. Acceptance and fulfilment of the order begin with the Customer's prior consent that they will lose their right of withdrawal if the contract has already started or been performed. The contract is considered started once a deposit of at least 50% of the total Order amount has been received. If the Customer cancels the order, they automatically lose the full deposit. This provision does not apply only where the parties have agreed otherwise.
X Advertising
Art. 38. When the Customer/Consumer creates an account on the platform and/or places an order, they may give consent to receive advertising messages. This consent may also be given without registration. In both cases the Consumer must expressly give consent to receive advertising messages.
Art. 39. The Customer/Consumer may withdraw consent to receive advertising messages at any time by using the link in each advertising message, by changing the settings in their account, or by contacting NEWVIVA Ltd in any other way, including by email, by phone on +359 887 132 548 or by post to the correspondence address above.
Art. 40. Withdrawing consent to receive advertising messages does not automatically withdraw consent to conclude a distance sales contract.
XI Invoicing and payment
Art. 41. The prices of goods and services on www.cosatto.bg are final and include VAT and all other taxes and fees under Bulgarian law. The delivery price may vary depending on the chosen service, courier and the nature of the order. Such changes may lead to additional costs, which are covered by the Buyer.
Art. 42. The payment methods on the site are listed in Art. 43. The price, payment method and payment term for invoices are stated in each order. Orders for products offered by www.cosatto.bg over €2,500 cannot be paid on delivery and must be paid in advance by bank transfer or bank card.
Art. 43. Payment methods:
(1) Payment on the site can be made in two ways: cash on delivery or by card.
(2) Orders for products offered by www.cosatto.bg over €2,500 cannot be paid on delivery and must be paid in advance by bank transfer.
(3) Card payments:
- Payment by debit/credit card via a virtual POS terminal.
- Accepted cards: Visa and Mastercard debit, credit and business cards.
- Transactions are processed with the MasterCard Identity Check and VISA Secure security programmes.
- For security reasons, the maximum card payment is €500.
- We do not store data of bank cards used for payment on the site.
- If an amount paid by bank card needs to be refunded, it is refunded to the card used for payment, unless the Customer has expressly agreed in the withdrawal form to a refund to a bank account (IBAN).
Art. 44. The Seller will issue an invoice to the customer for the goods ordered and delivered/services provided based on the information provided by the Customer/Consumer. 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 a “Postal money transfer” service.
Art. 45. To ensure the invoice for the order is correct, the Customer must keep the data in their Account up to date and check the information in the Order to make sure it is complete, true and accurate.
Art. 46. 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. 47. NEWVIVA Ltd is NOT obliged to sell goods or services at incorrectly stated prices on www.cosatto.bg.
Art. 48. Some offers are limited to a maximum quantity per customer. Where this applies, it is described in the individual offer.
XII Delivery of goods
Art. 49. (1) The Seller undertakes to deliver the ordered and purchased goods itself or through a courier to an address specified by the buyer or to a courier office, at the customer's choice. For door-to-door delivery the Customer must state the floor to which the products are to be delivered; otherwise delivery will be made to the building given as the delivery address. Delivery costs are borne by the customer, except for orders above a certain value. In both cases this is clearly stated when preparing the order on www.cosatto.bg.
(2) The standard delivery time for orders that are not made to the customer's order 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, performance of the contract and delivery are agreed between the parties and may exceed this period.
Art. 50. The Seller ensures appropriate packaging of the goods and sends the accompanying documents. If for any reason a necessary document is missing from the parcel, please contact us at office@cosatto.bg and we will send it promptly.
Art. 51. If more than one address is saved in an Account, delivery will be sent to the one marked as primary. For customers from other EU or third countries, www.cosatto.bg offers its goods and services on other suitable platforms in the appropriate language.
If a Consumer wishes goods from www.cosatto.bg to be delivered to an address outside Bulgaria, this must be agreed with the Seller in advance. Contact details for NEWVIVA Ltd are on the site and in section II, Art. 4 of these General Terms.
Art. 52. The delivery price, where applicable, is shown once the product(s) are added to the cart. The courier price is also shown in the description of some products. Delivery prices are indicative and may change depending on the chosen courier, the volume of the order, the destination and other circumstances.
Art. 53. On handover of the goods, the Buyer/Consumer 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 given by the customer.
Art. 54. 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. 55. If the Customer cannot be found at the given address within the delivery period, or access and conditions for handover are not provided within this period, www.cosatto.bg is released from its obligation to deliver the goods. The Customer may confirm that they still wish 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. 56. NEWVIVA Ltd is not liable for damage to goods in transport if the Customer did not expressly insure them when requesting delivery.
XIII Warranty. Right to complain
Art. 57. (1) All goods on www.cosatto.bg are covered by a legal guarantee of conformity with the contract in accordance with applicable law. The warranty period is 3 (three) years for the main products – pushchairs, car seats, high chairs and cribs – and 2 (two) years for accessories and other products. The period is also stated in the product description.
In case of non-conformity, the consumer has the right to complain about any non-conformity of the consumer goods with the contract that appears after delivery and is found during the initial inspection or during storage, assembly, testing or use of the product. Exceptions are certain categories of goods that by their nature cannot carry a warranty.
(2)–(12) The full text of the warranty and complaint terms is available on the “Complaints” page. Complaints are submitted online with the “Submit a complaint” form at cosatto.bg/reklamaciya or by email to rma@newviva.bg.
Art. 58. If NEWVIVA Ltd has provided a commercial guarantee and its term is longer than the complaint periods, the complaint may be submitted until the commercial guarantee expires.
Art. 59. 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 site that it provides an additional commercial guarantee beyond the legal guarantee.
Art. 60. Repair of products outside the warranty period, or within it where the seller's obligation to bring the goods into conformity has lapsed for any reason, is paid by the buyer and carried out within a period agreed between the parties.
XIV Transfer of ownership
Art. 61. Ownership of the goods passes from the seller to the buyer on handover, after payment has been made. Handover is certified by the buyer's signature on the transport document provided by the courier.
XV Comments. Questions and answers
Art. 62. Customers may write comments, questions and answers in the comments section. They may be positive or negative and must relate to the characteristics and use of a product or service. In some cases comments are not available.
Art. 63. When publishing a comment/question/answer, every customer undertakes to follow these rules:
- refer only to the characteristics and/or use of a product or service, avoiding information that may change (e.g. price or promotional offers);
- use only the Bulgarian language and Cyrillic script; words or expressions that are not Bulgarian but are widely used in the relevant field are allowed (e.g. mouse, notebook, plug and play);
- use appropriate language without offensive expressions or expressions that may infringe the rights of third parties;
- ensure that the information entered is realistic, correct, not misleading and in line with applicable law, respecting the rights of others – e.g. copyright, intellectual property, licensing or other property rights, advertising rights or 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 personal data in any way (contact details, delivery or home address, phone number, email address, first and/or last names, etc.) or other information that could lead to the disclosure of such data;
- not publish information and/or URLs (links) of other sites carrying out the same or similar commercial activity as NEWVIVA Ltd;
- not post comments/questions/answers containing advertising material.
Art. 64. If a comment, question or answer seems inappropriate, the Customer may report it to the Seller. NEWVIVA Ltd reviews the report carefully for a breach of the terms of use of www.cosatto.bg. Texts, photos or videos found to be in breach are removed from www.cosatto.bg.
Art. 65. If a Customer repeatedly breaches these terms of use, NEWVIVA Ltd may restrict the customer's ability to publish comments/questions and answers without having to give reasons.
Art. 66. For complaints related to purchased goods and/or services, buyers can use the complaint form. Every buyer may also submit a complaint by completing the standard form for exercising the right of withdrawal under the Consumer Protection Act and sending it by email. The form is available in the “Complaints” section.
XVI Liability
Art. 67. 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. 68. 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 – manager of the company.
(1) NEWVIVA Ltd is obliged to process personal data under conditions that ensure their safekeeping and prevent their accidental loss, and only for the stated purposes.
(2) The purposes of collecting data are: 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 sales and customer behaviour.
(3) Processing personal data for some of these purposes requires the express 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 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 details in section II.
(6) The buyer agrees and allows www.cosatto.bg to provide their personal data to other companies with which it has a partnership, but only where they have undertaken to store and process the data in accordance with the law and where this is necessary to perform the contract between the consumer and the trader.
(7) NEWVIVA Ltd has adopted a Personal Data Security Policy describing in detail how personal data are processed under the General Data Protection Regulation (Regulation (EU) 2016/679) – GDPR and the Personal Data Protection Act. The policy is available on www.cosatto.bg.
Art. 69. The buyer's personal data may be provided to the prosecutor's office, the police, the courts or other state authorities on a legal basis, within the law and following an express request from them.
XVIII Applicable law – Jurisdiction
Art. 70. Disputes between NEWVIVA Ltd and Customers and/or Consumers will be resolved by mutual agreement or, if this is not possible, in accordance with Bulgarian law, unless the parties have agreed otherwise.
Art. 71. 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 disputes.
XIX Supervisory authorities
Art. 72. Authorities supervising the activity of NEWVIVA Ltd and their contacts:
Commission for Consumer Protection (CPC): 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 (CPDP): website https://www.cpdp.bg/, tel. +359 2 91 53 518, email kzld@cpdp.bg, address: 2 Prof. Tsvetan Lazarov Blvd., Sofia 1592.
Regional Health Inspectorate (RHI): 20 Vranya St., Sofia, tel. +359 2 813 0400.