Terms and Conditions

These terms and conditions govern the contractual relationship for distance selling/e-commerce contracts between “Potion Distillery” LTD and the user(s), both natural and legal persons, of the electronic (Internet) pages and services located at the domain www.potiondistillery.com and its subdomains, utilizing the informational and commercial services offered by “Potion Distillery” LTD, registered in the Commercial Register at the Registry Agency with UIC: 207291368 on the Website.

The user explicitly agrees to these terms and conditions, as well as to the additionally specified respective requirements for specific products when using the Website. These general terms and conditions apply upon initial access to the Website and its services and have binding and mandatory force as a contractual agreement applicable to all versions and devices from which the Website services are accessible.

Definitions:

“Virtual POS terminal” is a logically defined device in the banking card system through which electronic payments for obligations are made via the Administrator’s Platform using a bank card in online mode. The platform is fully serviced by the Bank’s information systems, with which the Administrator has entered into a contract for servicing payments with local and international debit or credit cards online, without the presence of other intermediaries for transaction processing.

“General Terms and Conditions” is the present document that regulates the relationship between the User/Legal Entity and the Merchant and is the exclusive intellectual property of the Merchant within the meaning of the Copyright and Related Rights Act of the Republic of Bulgaria.

“World Wide Web” or “Internet” represents a collection of two or more computer networks connected to each other through routers and/or switches, which provide data transmission between different electronic networks based on TCP/IP protocols.

“Website” is all the information available through the Internet at the address www.potiondistillery.com and contains texts and images that represent the intellectual property of the Merchant in accordance with the Copyright and Related Rights Act of the Republic of Bulgaria. It serves as a virtual platform for buying and selling goods and aims to facilitate agreement between the Merchant and the User/Legal Entity in order to conclude a distance sales contract regarding the offered goods on the Website.

“Territory” refers to the territory of the Republic of Bulgaria, where the services of the Website can only be used. The Merchant does not deliver the goods ordered through the Website outside the territory of the Republic of Bulgaria.

“Merchant” is “Potion Distillery” LTD, registered in the Commercial Register at the Registry Agency with Unified Identification Code: 207291368, with registered office and management address at 11-13 Banat Street, Office 5, Lozenets District, Sofia, Bulgaria.

“User” is a legally capable adult who has registered on the Website, fully agrees to and accepts the present General Terms and Conditions regarding the purchase of the goods offered on the Website. Delivery of alcohol and alcoholic beverages is carried out to the User only if they have reached the age of 18, which the User proves with an identity document at the time of delivery by the Courier. In case the User refuses or cannot prove that they have reached the age of 18, the Merchant does not carry out the delivery of the goods and is released from its obligation to deliver, and in this case, all administrative and transport costs are borne by the User.

“Legal Entity” refers to a validly registered commercial company and/or sole trader or another type of legal entity according to the applicable legislation, which, through its representative and/or authorized employee, has registered on the Website, fully agrees to and accepts the present General Terms and Conditions regarding the purchase of the goods offered on the Website.

“Registration” is the procedure of providing data and information by the User/Legal Entity in the registration form necessary for the purposes of purchasing goods through the Website.

“Registration Form” is an electronic form that should be filled out online by the User/Legal Entity for the purposes of Registration.

“Personal Data” refers to the data and information provided by the User/Legal Entity during the Registration regarding natural persons.

“Goods” refers to the products offered on the Website for purchase by the User/Legal Entity.

“Distance Sales Contract” or “Distance Selling” is a bilateral agreement between the Merchant and the User/Legal Entity through which the transaction for the purchase and sale of goods is concluded via the Website.

“Order” or “Online Purchase” represents the confirmed willingness of the User/Legal Entity to purchase goods that are to be delivered by the Merchant. This willingness is expressed electronically through the Website with the ultimate goal of realizing a distance sales transaction of goods.

“Courier” is a merchant who delivers the goods purchased by the User/Legal Entity and is authorized by the Merchant to fulfill this service.

“Delivery” refers to the process of delivering the goods ordered by the User/Legal Entity through the Courier, as agreed between the parties.

“Price” represents the final amount to be paid by the User/Legal Entity to the Merchant for the goods purchased, including VAT and any other applicable taxes and fees, as well as the cost of delivery.

“Payment Method” refers to the payment options available to the User/Legal Entity for the purchase of goods, including bank card payments through a virtual POS terminal, bank transfer, cash on delivery, or other payment methods specified on the Website.

“Business day” refers to every day in which banks are open for business in Republic of Bulgaria.

“Non-working day” or “Holiday” refers to every day, which is not working (Saturday and Sunday), declared for non-working according the relevant order or public holiday of Republic of Bulgaria

“Cash on delivery”  refers to a payment method that is carried out during the delivery of goods and/or services within the meaning of the Law on Postal Services of the Republic of Bulgaria.

“Withdrawal from Purchased Goods”  refers to the right of the User to refuse the purchased goods by means of the distance purchase contract concluded in accordance with Art. 50 of the Consumer Protection Act.

“Set-off” refers to the Merchant’s right to set off his claims from the User/Legal Entity for administrative, transport, courier, etc. costs subject to reimbursement by the User/Legal Entity with the claims of the User/Legal Entity for reimbursement of the price paid in case of non-delivery and/or in case of refusal of purchased goods.

1. Terms of Use for the Merchant’s Website

The services on the Website are intended for users who are of legal age and capable of entering into transactions, as well as for legal entities and organizations created and/or operating in accordance with Bulgarian legislation. Users accessing the Website from other territories outside Bulgaria are responsible for their actions in accordance with all applicable local laws of the territory from which they access the Website.

By registering on the Website, the User/Legal entity confirms and declares their agreement with these General Terms and Conditions. The informational services on the Website are provided “as is,” and the Merchant is not responsible for the accuracy of the published information.

The User declares that they are familiar with these terms of use, and any active action (clicking/pressing/selecting an electronic link or advertisement banner) on their part or maintaining passive behavior (not leaving the loaded page in the browser) after the Website has been loaded in the browser constitutes an electronic expression of their consent to these terms of use. Active action refers to any action that selects an active link (link), banner, photo, or button that performs a specific command and confirms the specific expression of the user’s will.

The Merchant is not responsible and does not commit to providing information regarding the confirmation of orders generated by the User/Legal entity, the status of their or other Users/Legal entities’ inquiries, questions, and requests for products, product availability, as well as for damages and/or losses of any kind and size that occur after, as a result of, or due to the use/impossibility of using (due to technical problems, maintenance, administrator decisions, etc.) the Website.

The Merchant is not responsible if the User/Legal entity incurs damages, including equipment damage that requires repair or correction, loss of information, etc., while using the Website or materials from it. All expenses related to the elimination of such damages or their compensation are borne by the User/Legal entity.

By accepting these General Terms and Conditions, the User/Legal entity is informed that the Website reflects the availability of goods at the time of verification, and considering the dynamics of stock turnover, it is possible that certain goods published and listed on the Website as “available” may be exhausted at the time of the request and cannot be ordered and delivered through the Website.

Until the order is explicitly confirmed by the Merchant, the generated order has the status of “request,” and in all cases, the Merchant must confirm to the User/Legal entity the possibility/impossibility of delivering the requested goods through the Website. Only after the confirmation, the generated order is considered accepted, and the distance purchase and sale agreement is concluded.

It is possible to change the parameters (delivery time/method, etc.) of an order through the Website, and the Merchant is obliged to notify the User/Legal entity of the changes made via the provided email and/or contact phone number and/or by any other appropriate means, no later than the moment of sending the delivery notification of the confirmed order to the User’s/Legal entity’s address. In such cases, the User/Legal entity must confirm their agreement with the made changes for the distance purchase and sale agreement to be validly concluded.

To use the services of the Website, the User/Legal Entity must have access to the World Wide Web through devices that have access to web-based content, ensuring all necessary equipment for accessing the World Wide Web, including a computer, mobile phone, tablet, or other means of internet connectivity.

The Merchant is not responsible for any disruptions or technical problems that may hinder the use of the Website due to the quality of the User’s/Legal Entity’s computer equipment and internet connectivity. The User/Legal Entity registers on the Website by filling in all mandatory fields in the registration form, through which the User/Legal Entity declares that they provide true, accurate, up-to-date, and complete information necessary for the distance sales transaction.

The Merchant is not responsible for an incorrectly and/or inaccurately placed order if the User/Legal Entity has provided false, inaccurate, outdated, or incomplete information. In such cases, the Merchant has the right to deny the User/Legal Entity further access to some or all of the services offered on the Website.

By accepting these General Terms and Conditions, the User/Legal Entity agrees to receive commercial messages with information about new, promotional, and other products on the Website. Such commercial messages are not considered unsolicited under the Electronic Commerce Act. If the User/Legal Entity does not wish to receive such information, they should explicitly decline to receive it through the inquiry and contact forms provided on the Website.

2. Protection of Personal Data

As the Data Controller, the Merchant collects, stores, and processes personal data of the individuals to whom they relate. The Merchant is a Data Controller established within the territory of the Republic of Bulgaria and processes personal data in accordance with the law and in good faith, in connection with the purposes of its activities – wholesale and retail trade, without processing them further in a manner incompatible with these purposes. The recipients or categories of recipients to whom personal data may be disclosed are the individuals to whom the data relates or other persons if provided for in a regulatory act. The personal data provided by the User/Legal entity are not transferred to third parties for advertising and promotional purposes. Personal data is processed only if the individual to whom the data relates has given explicit consent. In the absence of explicit consent from the individual to whom the data relates, the Merchant is not entitled to process their data. By providing their personal data, the User/Legal entity automatically gives their explicit consent for the data to be processed. Every individual has the right to access their personal data by submitting a written request, as well as the right to request the erasure, correction, or blocking of their personal data by the Merchant if the processing does not comply with the requirements of the Personal Data Protection Act.

3. Copyright and Related Restrictions

The User/Legal Entity may use all services offered on the Website for personal, non-commercial purposes, provided that the copyright of the Merchant or any third parties directly or indirectly associated with the materials on the Website are not violated. It is expressly prohibited for the User/Legal Entity to copy, modify, and/or publicly distribute the materials published on this Website for any purpose. The Merchant reserves the right to transfer the publishing rights of materials and other information published on the Website to third parties through an additional written agreement that governs the relationship between the Merchant and the entity publishing the information.

When purchasing goods subject to copyright and/or patent rights, the Merchant does not grant any additional rights for use and distribution, except for expressly mentioned rights and/or licenses provided by the manufacturer/distributor of the goods. All goods and services provided by the Merchant, which are protected under the Copyright and Related Rights Act, are provided to Users/Legal Entities in their original form, packaging, and medium, without any influence from the Merchant, and in accordance with the licenses and distribution rights granted by the manufacturers and/or their distributors for the Republic of Bulgaria.

The links on the Website to other websites owned by third parties are published for the convenience of the User/Legal Entity. When using such a reference, the User/Legal Entity does not use a service provided by the Merchant, and these General Terms and Conditions do not apply to the use of the reference outside the Website. The Merchant is not responsible for the information and/or content of other websites owned by third parties, and does not impose or recommend the use of those websites or the information published on them. All potential risks associated with the use of such websites are borne by the User/Legal Entity.

4. Presentation of Products on the Website

The information about the products on the Website is organized into categories and subcategories. Each product listed on the Website provides information regarding the price, applicable VAT, key characteristics of the product, and additional information aimed at assisting the User/Legal entity in making an informed choice when purchasing the product. The Merchant is not responsible for inaccuracies in the product description that do not relate to the essential characteristics of the product, and does not claim to provide exhaustive information.

The Merchant reserves the right to publish names, trademarks, and other information about products in English or another language when:

  • There is a risk of losing valuable information about the characteristics of the product through translation;
  • There is no commonly accepted unambiguous terminology in the Bulgarian language;
  • The product itself carries information in English or another language.

All prices listed on the website are in Bulgarian Lev (BGN) and include VAT.

In case a product has multiple variations, the prices for each variation are indicated on its page. The Merchant has the right to make changes to the published products, services, prices, and other characteristics of the products at any time and without prior notice, and Users/Legal entities are considered informed about these changes from the date of their publication.

The information about some of the published products may not be up to date, but in all cases, Users/Legal entities will be notified in the event of an order placed through the Website’s online purchase form, prior to delivery, if there is any outdated information on the Website related to the ordered products. Some of the information published on the Website may pertain to products that are not currently offered or available.

5. Purchasing Products from the Website

The User/Legal entity can make purchases through the Website as a “Guest” or as a “Registered User.” Registration is completely free. To register, the User needs to choose a unique username/email and password, and their data will be stored in the Website’s database. After successful registration, the User will have the ability to view their previous orders.

The User/Legal entity has the right to order any products listed on the Website. When placing an order, the User/Legal entity can choose the type, brand, and quantity of the products, payment terms, delivery method, and delivery timeframe according to the options provided on the Website.

At any time before the final confirmation of the order through the online purchase form, the User/Legal entity has the right to make changes to the selected products and services.

By placing an order on the Website, the User/Legal entity enters into contractual relations with the Merchant for the purchase and sale of the selected item, governed by these General Terms and Conditions. The placed order is considered approved upon receiving confirmation from the Merchant, containing all the aforementioned parameters and in accordance with the instructions provided on the Website.

The Merchant has the right to change the prices indicated on the Website at its discretion, at any time and without prior notification to the User/Legal entity. The User/Legal entity is obliged to pay the price that was indicated on the Website at the time of placing the order, regardless of whether it is lower or higher than the updated price.

In the event of technical errors in the published information on the Website, as a result of which the order cannot be fulfilled, the Merchant has the right to refuse the execution of the order without owing any compensation to the User/Legal entity, except for the reimbursement of amounts paid and/or deposited by the User/Legal entity for the declined order, if applicable.

The Merchant has the right, at its discretion and depending on the type and quantity of requested products, to require prepayment before assembling the order for delivery, informing the User/Legal entity via the email provided in the registration form.

If the User/Legal entity does not agree to prepayment, the order is considered declined, and the Merchant is not obligated to deliver the requested products.

The Merchant has the right, at its discretion and depending on the type and quantity of requested products, to require Legal entities to enter into an individual contract for the delivery of the ordered products, using a template provided by the Merchant, before assembling the order for delivery. In this case, the Website is used by the Legal entity solely as an information platform regarding the type and availability of the products, and the individual contract entered into does not have the character of a Distance or Remote Sales Purchase Agreement.

If, during the registration process, the User provides false information or fails to update the provided information within the timeframe specified in the preceding clause, the Merchant has the right to immediately and without prior notice terminate the User’s registration and access to their customer profile.

6. Payment for Purchased Goods and Services

When making a payment through a bank transfer, the User/Legal entity pays an amount equal to the value of the delivered goods, as confirmed in the order, to the Merchant’s bank account. The delivery of the ordered goods and services by the Merchant is carried out only after the payment is confirmed as received and the bank account is verified with the corresponding amount. The goods can also be paid for by the User/Legal entity using payment systems (e-pay, PayPal, etc.), if such options are available on the Website.

The final amount due for the order must be credited to the Merchant’s bank account, with all taxes, fees, deductions, and other amounts required for the purpose of the bank transfer being fully paid by and at the expense of the User/Legal entity.

In the case of cash payment upon delivery of the ordered goods and services, the User/Legal entity is obliged to pay the price of the ordered goods at the moment of delivery to the Merchant or its representative/subcontractor who carries out the delivery, in full accordance with the confirmed order.

7. Delivery of Purchased Goods

The delivery of goods ordered through the use of the Website is carried out under the conditions described in this section.

Deliveries will primarily be made through courier companies such as “Econt” or “Speedy,” using cash on delivery or postal money transfer. At any time, the Merchant may decide to use another courier company.

Delivery within the territory of the Republic of Bulgaria is paid by the user upon receiving the goods from the offices of the respective courier.

The ordered goods will be fulfilled within 7 (seven) working days from the submission of the order, provided that the delivery address is valid and accurately specified.

The delivery timeframe for the order depends on the courier’s tariffs and schedules on the days and hours when the company’s employees are working.

The ordered goods are transported in suitable packaging according to their characteristics and the transportation method used for delivery.

The ordered goods are delivered to the address specified by the user in the submitted order.

The user must ensure access and the possibility of receiving the goods at the specified address.

If the user is not found at the specified address within the delivery timeframe or if access and conditions for delivering the goods are not provided within this timeframe, the order is considered withdrawn, and the Seller is released from its obligation to fulfill the delivery.

In the event that the user confirms their desire to receive the ordered goods after the expiration of the delivery timeframe, during which they were not found at the address, they assume the costs of the second delivery. The expenses for the second delivery are paid upon receiving the goods, along with the total amount for the order and the expenses for the first delivery.

The user declares that they release the Merchant from any liability regarding the delivery of the goods.

The Merchant may request additional confirmation from the user/legal entity regarding the placed order, including via phone and/or email.

In the event that the user/legal entity refuses to provide the requested confirmation to the Merchant, the refusal leads to an automatic cancellation of the order.

The cost of delivery is automatically calculated as part of the order value on the Website and is indicated beneath the information published for the respective item.

The Merchant is not responsible for any delays in delivery due to circumstances beyond their control, such as delays caused by the courier performing the delivery.

Upon delivery, the goods should be carefully inspected by the user/legal entity and/or an authorized person. If any defects are identified upon delivery, the user/legal entity should note the nature of the defects in the waybill in the presence of the courier and immediately notify the Merchant. If the goods are accepted by the user/legal entity without any remarks by signing the waybill presented by the courier, any subsequent claims regarding defects in the purchased goods are considered unfounded and should not be satisfied. If the identified defects are not noted in the waybill in the presence of the courier upon receiving the goods, the user/legal entity loses their right to make a complaint.

In the case of providing incorrect or wrong address, contact person, and/or phone number when submitting the order, the Merchant is not responsible for inaccuracies in the order fulfillment due to incorrect information provided by the user/legal entity.

Upon the transfer of the goods, the user/legal entity or a third party designated by them is required to sign the accompanying documents. A third party is considered anyone who is not the requester of the order but accepts the goods at the delivery address specified by the user/legal entity. If the user/legal entity is not found at the specified address within the delivery timeframe and/or access to the delivery address is not provided, the Merchant is released from its obligation to deliver the requested goods, and the user/legal entity loses the opportunity to have the ordered goods delivered to them.

If the delivered goods clearly do not correspond to what was requested for purchase by the user/legal entity, and this can be determined through a regular inspection of the delivered goods, the user/legal entity has the right to request the delivered goods to be replaced with goods that correspond to their request for purchase. The Merchant reserves the right to choose/change the subcontractor performing the delivery without being obliged to inform the user/legal entity in advance, as long as this does not affect the method and timeframe of the delivery.

8. Right of Withdrawal from Purchased Goods

The consumer has the right to withdraw from a distance contract or an off-premises contract without stating a reason, without owing compensation or penalty, within a period of 14 (fourteen) calendar days, starting from the date on which the consumer or a third party, other than the carrier and designated by the consumer, takes possession of the goods, or the date on which the consumer or a third party, other than the carrier and designated by the consumer, takes possession of the last goods in the case of a contract for multiple goods ordered in one order. The consumer has the right to withdraw from an off-premises contract only with respect to goods that are non-consumable and fall within the scope of the Consumer Protection Act for distance contracts.

The right of withdrawal from an off-premises contract does not apply in the following cases: for the delivery of goods made to the consumer’s specifications or clearly personalized; for the delivery of goods that are liable to deteriorate or expire rapidly; for the delivery of sealed goods that are not suitable for return due to health or hygiene reasons and were unsealed after delivery; for the delivery of goods that, after being delivered, are inseparably mixed with other items; for the delivery of sealed audio or video recordings or sealed computer software that were unsealed after delivery; and for the delivery of newspapers, periodicals, or magazines, except for subscriptions to such publications. To exercise the right of withdrawal, the consumer should notify the merchant of their full name, address, telephone number, and email address and their decision to withdraw from the contract by means of an unambiguous statement (e.g., a letter of withdrawal from the distance contract sent by mail or email). The consumer may use the provided standard withdrawal form, but it is not mandatory.

Standard Form for Exercising the Right of Withdrawal from the Contract (complete and submit this form only if you wish to withdraw from the contract)

The consumer may also complete and submit the standard withdrawal form or another unambiguous statement of withdrawal electronically on the website. In case the consumer uses this option, the merchant will immediately send a confirmation of receipt of the withdrawal on a durable medium (e.g., by email).

To meet the withdrawal deadline, it is sufficient for the consumer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period expires. If the consumer withdraws from the contract, the merchant will reimburse all payments received from the consumer, except for the delivery costs, additional costs arising from the consumer’s choice of a delivery method other than the standard delivery method offered by the merchant, bank fees and commissions, and the costs of returning the goods for which the consumer exercised their right of withdrawal, which are entirely borne by the consumer.

When the consumer exercises their right of withdrawal from a distance contract or an off-premises contract and when the merchant has not offered to collect the goods themselves, the consumer must send or deliver the goods back to the merchant or to a person authorized by the merchant without undue delay and no later than 14 (fourteen) calendar days from the date on which the consumer informed the merchant of their decision to withdraw from the contract. The deadline is met if the consumer sends the goods back before the expiration of the 14-day period. The merchant will reimburse the amount paid by the consumer within 14 (fourteen) calendar days from the date on which the consumer informed the merchant of their decision to withdraw from the contract. The merchant will make the reimbursement using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise in the standard withdrawal form or in the withdrawal letter in free text.

The merchant has the right to postpone the reimbursement until the goods are received back. The merchant in accordance with the requirements of the Consumer Protection Act. The deadline is considered to be met if the User sends back the goods to the Trader before the expiration of the 14-day period. The user should bear the direct costs of returning the goods as courier delivery costs. The goods must be returned in their original packaging in their entirety, complete with accompanying documentation and without damage. In case of non-compliance with the stated obligation by the User, the Merchant reserves the right to consider whether to accept the returned goods and refund the amounts paid.

The User declares consent, and the Merchant has the right to set off his claims for administrative, transport, courier, etc. expenses from the claims of the User for the amount paid for the goods requested by the latter. Legal entities may not enjoy and exercise the right to opt out under this section, as well as any other consumer rights provided for in the Consumer Protection Act, as they are not consumers within the meaning of the supplementary provisions of this Act. The relations between the Legal Entities and the Merchant not regulated by these General Terms and Conditions are regulated by the provisions of the Commercial Law and the Law on Obligations and Contracts.

9. Other

The merchant reserves the right to unilaterally change all terms of delivery for the provided goods and any other information published on the website without prior notice to the consumer/legal entity. The merchant also reserves the right to send messages to the consumer/legal entity related to new products and services, promotions, and/or changes in the terms and methods of delivery for the provided goods and any other information published on the website. These messages do not constitute unsolicited commercial communications. The merchant administers this website, and its application is valid only within the territory of the Republic of Bulgaria.

10. Final Provisions

These General Terms and Conditions come into effect from the day of their publication on the website.

Information about Supervisory Authorities to which consumers can address:

Data Protection Commission
Address: 15 Ivan Evstatiev Geshov Str., Sofia, Bulgaria
Tel: (02) 940 20 46
Fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg

Commission for Consumer Protection
Address: 4A Slavyanska Street, Sofia 1000, Bulgaria, floor 3, 4, and 6
Tel: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg

In case of disputes arising from contracts for online sales where no agreement has been reached, the consumer can refer the dispute to the Alternative Dispute Resolution Bodies (ADRB) under the conditions and procedures set out in Article 181a et seq. of the Consumer Protection Act. Additional information on alternative dispute resolution of consumer disputes can be found on the website of the Commission for Consumer Protection at www.kzp.bg and on the Online Dispute Resolution platform.

Under no circumstances shall the merchant, its employees, management, or representatives be liable for direct, indirect, incidental, special, consequential, or other damages beyond the legally established minimum, arising in any way from the use of the website, including but not limited to damages resulting from the proper or improper use of the website, the inability to use the website, as well as the interruption, termination, modification, or discontinuation of the website.

The Form for Exercising the Right of Withdrawal from the contract is an integral part of these General Terms and Conditions.

List of attachments:

Attachment No. 1Form for Exercising the Right of Withdrawal from the Contract