Terms and Conditions
TERMS AND CONDITIONS FOR USING LEAN CHAMPIONS PLATFORM AND PURCHASING THROUGH LEAN CHAMPIONS STORE
1. GENERAL PROVISIONS
1.1.
These Terms and Conditions govern:
1) the use of Lean Champions Platform;
2) the creation and use of user accounts;
3) browsing, ordering and purchasing products and services through Lean Champions Store;
4) the provision of physical goods, digital content, digital services, subscription access, online and in-person training, events, consultancy and other services;
5) the rights and obligations of the Merchant and Customers concerning the use of the Platform and the conclusion and performance of distance contracts.
1.2.
The Merchant and provider of information society services is:
LEAN BULGARIA OOD
Unified Identification Code (UIC): 203317933
VAT identification number: BG203317933
Registered office and management address: Sofia, 55 Kiril Popov Street, entrance A, floor 1, apartment 4, Republic of Bulgaria
Manager: Todor Neychev
Email: office@lean.bg
Telephone: +359 896 060 911
hereinafter referred to as the “Merchant”.
1.3.
The Merchant operates Lean Champions Platform and Lean Champions Store, accessible through the websites, applications, subdomains, user interfaces and software modules of Lean Champions.
1.4.
These Terms and Conditions are available to the Customer before an order is placed and can be saved, printed and reproduced.
1.5.
When placing an order, the Customer confirms, through a separate checkbox that is not preselected, that they have had an opportunity to read these Terms and Conditions and accept them.
1.6.
Merely browsing the publicly accessible part of the Platform does not constitute acceptance of an obligation to purchase, pay or enter into a contract.
1.7.
These Terms and Conditions cannot restrict rights granted to consumers by mandatory provisions of applicable law.
2. DEFINITIONS
For the purposes of these Terms and Conditions, the following terms have the meanings set out below:
2.1. Platform
“Platform” means Lean Champions Platform, including the websites, user accounts, applications, modules, databases, interfaces, learning environments, communities and other digital functions operated by the Merchant.
2.2. Store
“Store” means Lean Champions Store, which provides the functions for browsing, selecting, ordering and paying for products and services.
2.3. Customer
“Customer” means any natural or legal person who uses the Platform, registers an account, places an order or enters into a contract with the Merchant.
2.4. Consumer
“Consumer” means a natural person who acquires goods, digital content, digital services or other services for purposes outside their commercial, business, craft or professional activity.
2.5. Business customer
“Business customer” means a legal person, sole trader or natural person acting for purposes related to their commercial, business, craft or professional activity.
2.6. Physical goods
“Physical goods” means a tangible product, including a printed book, a set of books, printed training materials, tools or another product that is physically delivered.
2.7. Digital content
"Digital content" means data that is created and provided in digital form, including electronic books, recorded video books, audio materials, presentations, templates, files, tests, manuals, documents, images and other materials provided without a material medium.
2.8. Digital service
A service that enables the Client to create, process, store, use or share digital data or interact with such data, including paid access to Lean Champions Platform, software modules, 5S functionalities, online libraries, reports, communities, learning environments and other online tools.
2.9. Service
A service means an activity carried out by a merchant for remuneration or as part of a package, including live learning, consultation, seminar, webinar, event, analysis or other professional service.
2.10. Training
"Training" means a live course, program, seminar, webinar, workshop, attendance or other organized form of knowledge transfer and practical skills.
2.11. Subscription or access plan
"Abonament" or "Admission Plan" means a right of access to certain digital content, digital service or functionality for a specified period of time or for periodic payment where this is explicitly stated in the specific offer.
2.12. Mixed order
"Mixed order" means an order containing more than one type of product or service, such as a physical book, digital content, platform access and training.
2.13. Order
"Order" means the electronic statement of the Client by which he declares his desire to buy the products or services listed in the basket under the conditions shown.
2.14. Consumer profile
"Consumer profile" means individual or organisational registration through which the Client receives access to purchased products, services, content or functionality.
2.15. Permanent carrier
"Train carrier" means a means that enables the Client to store information addressed to him personally in a way that provides access to it for a period corresponding to its purpose and allows its unchanged reproduction, including an email or a PDF file.
2.16. Working day
A working day means a day that is not Saturday, Sunday or official holiday in the Republic of Bulgaria.
3. Scope and related documents
3.1.
These Terms and Conditions apply to all Customers except where a separate written contract is concluded for a particular product, service, corporate plan or individual tender.
3.2.
An integral part of these Terms and Conditions are:
1) The Privacy Policy;
2) Cookies Policy;
3) Delivery and payment policy;
4) The policy on the right of withdrawal;
5) the standard withdrawal form;
6) Return policy;
7) The complaint policy;
8) the information about the merchant;
9) the specific conditions published on the specific product or service page;
10) the confirmation of the specific order.
3.3.
The confidentiality policy shall constitute information on the processing of personal data and shall not be considered as contractual consent to processing where the processing is carried out on another legal basis.
3.4.
Where specific conditions are published for a particular product or service, they shall be applied together with these Terms and Conditions.
3.5.
In the event of a conflict between these Terms and Conditions and the specific information shown to the Client immediately prior to the order, more specific information on the product or service concerned shall apply, unless it restricts the consumer's mandatory right.
3.6.
Where a separate provision applies only to Users or only to Business Clients, this is explicitly stated.
4. Customer requirements and authority to act on behalf of others
4.1.
An order may be carried out by an adult and a capable natural person.
4.2.
A minor may use the Platform and make a purchase only with the consent and under the responsibility of his or her parent, guardian or guardian where this is permissible by law.
4.3.
A person making an order on behalf of a legal person or another organisation shall declare that he has the necessary representative authority.
4.4.
Where reasonable doubt arises as to the identity, age or representative authority of the Client, the merchant may request additional information necessary for the verification.
5. Types of products and services offered
5.1.
The Platform may offer:
1) printed books;
2) sets of books;
3) printed and other physical study materials;
4) electronic books;
5) files, templates, manuals and presentations;
6) recorded video and audio;
7) access to Lean Champions Platform;
8) access to software modules and applications;
9) individual and corporate subscriptions;
10) online live training;
11) recorded remote training;
12) attendance training;
13) seminars, webinars, workshops and events;
14) consulting and professional services;
15) combined packages;
16) other products or services described in the Platform.
5.2.
Each position in the basket shall be classified according to its actual nature as physical goods, digital content, digital service, service or combination thereof.
5.3.
In the case of a mixed order, the rules for delivery, activation, right of withdrawal, return, claim and refund shall be applied separately to each position according to its type.
5.4.
A common mixed order payment transaction does not change the legal characteristics of individual purchased positions.
5.5.
Where a physical commodity includes a free digital bonus, its duration, scope, number of authorised users and mode of activation shall be indicated in the specific offer.
5.6.
Where a product or service is designated as a test, demonstration or "Beta', the terms of reference shall be described in the tender. Such an indication shall not exclude the mandatory rights of the Consumer in the event of the failure or non-compliance of a paid product or service.
6. Pre-contract information
6.1.
Before the Client is bound by an order, the merchant shall provide in a clear and understandable way information on:
1) the main characteristics of the product or service;
2) the type of product or service;
3) the content and scope of the included;
4) the final price with applicable taxes and charges included;
5) delivery costs;
6) any other additional costs;
7) the available means of payment;
8) the manner and time of delivery, delivery, activation or execution;
9) the duration of the contract or access;
10) the number of users or licences involved;
11) the existence or absence of automatic renewal;
12) the periodicity and amount of payments when there is a subscription;
13) the minimum duration of the Customer's obligations;
14) the terms of termination;
15) the legal right of withdrawal;
16) cases where the right of withdrawal is not granted or may be lost;
17) the direct cost of returning physical goods;
18) the legal responsibility for compliance;
19) the functionality of digital content or digital service;
20) compatibility and interoperability with hardware and software;
21) the necessary devices, internet connection, browser, operating system and file formats;
22) the known technical, geographical or other constraints;
23) the language of the content or training;
24) the date, time, time zone and duration of live learning;
25) the existence of a record, study material, test or certificate;
26) the conditions for the use of the materials provided;
27) information on the manufacturer, product identification and safety warnings, where applicable;
28) the available means of filing a claim or complaint.
6.2.
Where the final price cannot be reasonably calculated in advance, the merchant shall indicate how it is calculated.
6.3.
Where a subscription is offered, the final price shall be presented for the relevant billing period and the total or periodic costs shall be indicated.
6.4.
Where the price is customised on the basis of automated decision making, this circumstance shall be communicated before the order is made.
6.5.
Where user assessments or reviews are published in the Platform, the merchant shall provide information on whether and how it checks that the published reviews are provided by persons who have actually used or purchased the product or service concerned.
6.6.
The customer should read the information on the product page and the summary of the order before sending it.
7. Registration and user profiles
7.1.
For the purchase of physical goods, registration may not be required unless access is included, which is provided through a user profile.
7.2.
For the use of digital content, digital service, subscription, training or corporate plan registration may be required.
7.3.
Upon registration the Client is obliged to provide correct, complete and up-to-date information.
7.4.
The client is responsible for protecting his or her access data and must not provide them to unauthorised persons.
7.5.
The customer is obliged to notify the Merchant without undue delay when the profile has been established or suspected misuse.
7.6.
An individual plan may only be used by one natural person unless the offer explicitly identifies a different number of users.
7.7.
The Corporate Client may only grant access within the purchased number of licenses and to persons belonging to the organisation or other explicitly defined group.
7.8.
When a corporate profile is managed by an entity controller, that controller may create, disable and manage users within the limits of the rights granted.
7.9.
The merchant shall not be liable for acts carried out through the profile resulting from access data provided to a third party, except where unauthorised access is due to breach of a merchant's obligation.
7.10.
The consumer may request closure of his account by not automatically removing data that the merchant is obliged to store by law or which are necessary to establish, exercise or protect legal claims.
8. Technical steps for ordering
8.1.
The order shall be carried out by successive implementation of the following steps:
1) choice of product or service;
2) adding to the basket;
3) review of selected positions, quantities and prices;
4) input or confirmation of customer data;
5) input of invoice data, where applicable;
6) choice of delivery method for physical goods;
7) choice of available payment method;
8) review of the final amount of payment;
9) review of the delivery, activation or execution period;
10) correction of errors made;
11) acceptance of the Terms and Conditions;
12) giving individual explicit consents where necessary;
13) Sending the order via the button
8.2.
Before sending the order the Client has the opportunity to return to the previous steps and change or delete entered data and selected positions.
8.3.
At the latest, at the start of the ordering process, the Platform shows:
1) the available means of payment;
(2) the applicable supply restrictions;
3) the countries or territories to which delivery takes place.
8.4.
Immediately before the final button are displayed in a clear and visible way:
1) the main characteristics of the ordered products and services;
(2) the quantities;
3) the total final price;
4) all delivery costs and additional costs;
5) the duration of the contract or access;
6) the termination conditions, where applicable;
7) the minimum duration of the Customer's obligations;
8) the chosen method of payment;
9) the chosen method and time for delivery or activation.
8.5.
Additional paid products, services or options shall not be added through pre-paid fields.
8.6.
The consent to receive marketing messages is separate, voluntary and is not a condition for making a purchase.
8.7.
The contract is concluded in Bulgarian language. When translation is provided in another language, the Bulgarian version has the advantage of non-compliance, except in so far as compulsory legislation requires otherwise.
9. Receipt, acceptance and confirmation of the order
9.1.
After sending the order the system automatically sends an electronic message that the order has been received.
9.2.
The automatic receipt message shall not constitute acceptance of the contract unless it explicitly states that the contract has been accepted and the contract has been concluded.
9.3.
The contract between the Client and the Merchant is deemed to be concluded when the Merchant sends the Client an explicit electronic confirmation of acceptance of the order.
9.4.
For a product or service that is activated automatically after payment, the acceptance confirmation may be sent simultaneously with the activation confirmation.
9.5.
Successful authorization or handling of card payment itself does not constitute acceptance of the order when the Client has not received explicit confirmation of its acceptance.
9.6.
In the case of bank transfer, the sending of bank instructions and the status of the payment is not a confirmation that the implementation has started.
9.7.
Upon conclusion of the contract, the Customer shall receive on a durable medium:
1) number and date of order;
2) the merchant's data;
3) purchased positions;
4) the final price;
5) the chosen method of payment;
6) the method and time chosen for delivery or activation;
7) the period of access or subscription;
8) information on the right of withdrawal;
9) the standard withdrawal form;
10) the applicable version of the Terms and Conditions;
11) confirmation of the explicit consents given;
12) other mandatory pre-contracting information.
9.8.
The confirmation shall be sent by e-mail as a text, file or other non-replaceable copy. Only a reference to a website the content of which may subsequently be changed does not replace the obligation to provide information on a durable medium.
9.9.
The electronic statement shall be deemed to have been received when it becomes available at the e-mail address specified by the Client.
9.10.
The merchant stores information about the contract concluded, the order number, the accepted version of the Terms and Conditions and the consents given in accordance with the legal terms and the Privacy Policy.
9.11.
The client may request a copy of the contractual information via e-mail for contact.
9.12.
Where the order cannot be executed due to exhausted availability, technical error, legal ban, established fraud or other objective reason, the merchant shall notify the Client without undue delay.
9.13.
Where a payment is received for an outstanding or outstanding contract, the amount shall be refunded without undue delay in the initial payment method used.
9.14.
In the case of a mixed order, partial execution shall be carried out only where the Client has been notified and is preserved his or her ability to accept the partial execution or terminate the part of the contract concerned.
10. Prices, taxes and discounts
10.1.
The sales prices shall be indicated in euro.
10.2.
Consumer prices include the applicable value added tax and other mandatory taxes and fees, except where the law provides otherwise.
10.3.
Where an equivalent is displayed in another currency, it shall have an informational character, unless it is explicitly identified as a currency of payment.
10.4.
Delivery costs shall be shown separately before sending the order.
10.5.
The final amount due shall be shown immediately before the order is sent.
10.6.
The merchant does not charge hidden fees or additional amounts which have not been shown and explicitly selected by the Client.
10.7.
In case of subscription:
1) the price for the relevant period;
(2) the frequency of payments;
3) the total price for the minimum period, where applicable;
4) the conditions for renewal;
5) the means of termination.
10.8.
Where a price reduction is declared, the previous price shall be indicated in accordance with the requirements of the applicable legislation.
10.9.
A change in price shall be without prejudice to a contract already accepted or a prepaid contract for a specified period.
10.10.
In case of an obvious technical or printed error in the price established prior to the acceptance of the order, the merchant shall notify the Client and shall not be obliged to accept the order at the incorrect price.
10.11.
Once the order is accepted, the merchant cannot unilaterally increase the agreed price.
11. Payment methods
11.1.
Available payment methods are shown in the basket and may include:
1) payment by bank card via myPOS;
2) cash on delivery for eligible physical goods;
3) bank transfers;
4) another lawful method explicitly indicated before the order.
11.2. Payment by bank card
Card payments are processed through the payment environment of myPOS or through another previously designated authorised payment service provider.
11.3.
The merchant does not receive or store the full number of the bank card, the security code or other full certification card data.
11.4.
The order shall be processed after receipt and verification of a valid successful payment confirmation.
11.5.
Upon refusal of, interrupted or unsuccessful payment, the order may remain unpaid and outstanding.
11.6.
In the case of a double payment established, the excess amount shall be refund without undue delay following the necessary verification.
11.7. cash on delivery
Cash on delivery is available only for physical goods and only when offered as an option in the cart.
11.8.
Cash on delivery is not available for orders containing only paid digital content, a digital service, a subscription or training.
11.9.
In case of a mixed order, a payment may be limited where the digital element cannot be activated before confirmation of the payment.
11.10.
Where a free digital bonus is included in a physical commodity, the bonus may be activated after confirmation has been obtained and paid.
11.11. Bank transfer
A bank transfer is only available when it is shown as an active option upon completion of the order.
11.12.
After selecting a bank transfer the Client receives:
1) name of the recipient;
2) IBAN;
3) BIC where necessary;
4) name of the bank;
5) currency of payment;
6) order number to be indicated as basis;
7) a period for making the payment.
11.13.
Unless another time limit is indicated in the confirmation, the full amount must be entered in the merchant's bank account within 3 working days of the creation of the contract.
11.14.
The payment shall be deemed to have been made on the date on which the full amount is credited to the merchant's bank account.
11.15.
Until the receipt and identification of the payment, the order has the status of the payment expected and is not sent, activated or executed.
11.16.
In the case of a bank transfer, the delivery, activation or execution period shall start after receipt and identification of the full amount, unless expressly agreed otherwise.
11.17.
Where the payment is not received within the specified time limit, the contract may be cancelled automatically without a penalty for the Client.
11.18.
If payment occurs after cancellation of the contract and the contract cannot be refund, the amount shall be returned without undue delay.
11.19.
The merchant does not charge a separate fee for bank transfer. The bank charges charged to the orderer are on the account of the orderer and the merchant's account should have the full amount of the order.
11.20.
The reimbursement shall be made in the same way as the original payment, unless the Client expressly agrees with another way that does not result in costs for it.
11.21.
The amount paid by bank card shall not be refunded in cash, except where it is permissible by law and expressly approved by the paying operator.
12. Invoices and accounting documents
12.1.
The customer should state the need for an invoice and provide correct invoicing data prior to completion of the contract.
12.2.
Where the Client is a legal person, it shall provide at least a name, an ID, a VAT identification number, where applicable, an address and a recipient name.
12.3.
The invoice may be issued in electronic format and sent to that electronic address.
12.4.
In the event of cash on delivery, the fact that the payment is collected by means of a courier or postal service operator does not change the seller and the basis for issuing an invoice for the purchased products or services.
13. Supply of physical goods
13.1.
Natural goods are supplied to the countries, settlements, addresses, offices or automatics of couriers available for choice in the basket.
13.2.
Where a country or territory is not available during the ordering process, delivery to it shall not be offered.
13.3.
Delivery shall be carried out via Econt Express or by any other courier or postal service operator explicitly indicated in the order.
13.4.
For physical goods available, the order shall be transmitted to a courier within 2 working days after:
1) acceptance of a cash-on-delivery order;
2) confirmation of the card payment and acceptance of the order;
3) Getting and identifying the bank transfer.
13.5.
The supply of available physical goods in the territory of the Republic of Bulgaria shall be carried out no later than 7 working days from the relevant starting point at the previous point.
13.6.
Where another date or time limit is indicated for a particular product, including in the case of a pre-order, a temporary product, a personalised commodity or a product to be manufactured, the time limit shown prior to sending the order and confirmed on a durable medium shall apply.
13.7.
Where no other period has been agreed, the physical commodity shall be delivered no later than 30 calendar days from the conclusion of the contract.
13.8.
Delivery costs are calculated and shown before sending the order.
13.9.
Free delivery shall only apply when explicitly indicated in the specific offer or basket.
13.10.
Upon delivery of the consignment, the Customer shall receive a tracking number or other available information on the delivery.
13.11.
The customer is obliged to provide accurate data on the recipient and the delivery.
13.12.
When changing the data before dispatch the Client should immediately notify the Merchant. The merchant does not ensure that a change can be made after the delivery of the consignment to a courier.
13.13.
The risk of accidental destruction or damage to the goods passes on to the Consumer when he or a third party other than the carrier receives the goods.
13.14.
Where the customer himself has entrusted the carriage of a carrier not proposed by the merchant, the risk shall be passed on when the goods are transferred to that carrier under the applicable legislation.
13.15.
It is recommended that the customer review the outer packaging upon receipt and, if visible, request a report from the courier.
13.16.
The absence of a transport failure protocol does not take away the mandatory rights of the Consumer, but may make it difficult to establish the moment and cause of the damage.
13.17.
In case of delay, the Merchant shall notify the Client when it has information about the delay and shall indicate an updated expected period.
13.18.
Where the delivery is not made within the agreed period, the Consumer shall have the rights provided for in the applicable legislation, including to set an appropriate additional period or to terminate the contract in the cases provided for by law.
13.19.
If a consignment is not received due to incorrect data, non-request or non-request, the merchant may cancel the order.
13.20.
Re-sent after confirmation by the Client and payment of actual new transport costs where this is permissible.
13.21.
No automatic penalty fee shall be charged for an outstanding consignment.
14. Provision of digital content
14.1.
Digital content shall be provided in the manner and within the time limit specified in the specific tender.
14.2.
Where no future starting date is indicated, the digital content shall be provided without undue delay following the conclusion of the contract and a successful payment, normally immediately and no later than 1 working day.
14.3.
Digital content can be provided by:
1) activation in a user profile;
2) secure link;
3) file to download;
4) e-mail;
5) learning environment;
6) another explicitly described way.
14.4.
The obligation to provide shall be deemed to be fulfilled where the digital content or appropriate means of access to it becomes available to the Client or a digital facility selected by him.
14.5.
Before purchase, the known technical requirements, including supported file format, browser, operating system, application or device, shall be specified.
14.6.
When digital content is to be supplied immediately, before the statutory 14-day withdrawal period expires, the Consumer must use a separate checkbox that is not pre-selected to:
1) expressly agree to the granting to begin immediately;
(2) confirm that it understands that, with the launch of the grant, it loses its right to refuse this digital content.
14.7.
The consent and confirmation given shall be recorded to the order and confirmed to the Consumer on a durable medium.
14.8.
When the Consumer does not give the necessary consent for immediate delivery, the merchant may commence the delivery after the 14-day withdrawal period.
14.9.
The right of withdrawal shall not be deemed to have been lost where all the requirements of the applicable prior consent legislation, the confirmation of the Consumer and their provision on a durable medium are not met.
14.10.
The purchase of digital content provides a limited right of use under the intellectual property section and the specific licence.
15. Digital services, platform access and subscriptions
15.1.
The paid access to Lean Champions Platform, its modules and functionalities, is a digital service, except where the nature of the particular offer requires another qualification.
15.2.
Access shall be activated in the manner and within the time limit specified before purchase.
15.3.
Where no future starting date is indicated, access shall be activated without undue delay following the conclusion of the contract and successful payment, normally immediately and no later than 1 working day.
15.4.
The access period shall start from the date of activation, unless the offer and confirmation indicate another date.
15.5.
Before the purchase are indicated:
1) the included functionalities;
2) the length of access;
3) the number of authorised users;
4) technical requirements;
5) restrictions;
6) the included maintenance;
7) the presence or absence of automatic renewal.
15.6.
A default plan ends at the end of the purchased period and does not result in a new payment unless the Client has individually and explicitly selected a subscription with periodic renewal.
15.7.
The retention of a payment method, the lack of response by the Client or the continuation of the use of the Platform alone do not constitute consent for a newly paid renewal.
15.8.
In case of subscription with periodic payment prior to the order are shown:
1) the amount of the periodic payment;
2) the invoicing period;
3) the date or method of determining the next payment;
4) the minimum period;
5) the means of termination;
6) the moment when termination takes effect.
15.9.
If the digital service is to start before the 14-day withdrawal period expires, the Consumer must make a separate express request for early performance and acknowledge that the right of withdrawal may be lost after full performance under the conditions laid down by law.
15.10.
If the Consumer withdraws after the service has started but before it is fully performed, a proportionate amount may be payable for the service actually provided up to withdrawal, where the statutory conditions are met.
15.11.
The merchant shall provide the necessary updates, including security updates, to the extent necessary to maintain the compliance of the digital service.
15.12.
The customer should install or apply the updates provided within a reasonable time when he has received clear instructions and a warning of the consequences of their failure.
15.13.
The merchant may modify the digital service beyond what is necessary to maintain compliance only if there is a good reason, including:
1) a change in the applicable legislation;
2) the need to increase security;
3) prevent abuse;
4) removal of a technical defect;
5) ensuring compatibility;
6) change of external technology or integration;
7) improving productivity or accessibility;
8) adding or improving functionality.
15.14.
The amendment to the previous paragraph:
1) is not paid additionally by the Consumer;
(2) shall be communicated clearly and understandably;
3) does not reduce the mandatory rights of the Consumer.
15.15.
Where the change has more than a minor negative impact on access or use, the Consumer shall be informed in advance within a reasonable period of time on a durable medium of:
1) the nature of the change;
(2) the date of its introduction;
3) the expected impact;
4) the right to terminate the contract free of charge within the period prescribed by law;
5) the possibility to maintain an unchanged version when such an option is provided.
15.16.
Technical maintenance and planned interruptions can be performed for security, update or development of the Platform.
15.17.
Where practicable, a planned interruption shall be announced in advance.
15.18.
Temporary interruptions shall not preclude the rights of the Consumer where the digital service does not comply with the agreed quality, availability or continuity.
16. Online, distance and in-person training
16.1.
The legal characteristics of the training shall be determined according to the manner in which it is provided:
1) a recorded course or download file may be digital content;
2) interactive access to a training platform may be a digital service;
3) live learning, webinar, consultation or attendance is a service;
4) a combined program may contain more than one of these elements.
16.2.
For each pre-order training:
1) name;
(2) description and educational objectives;
3) content;
4) recorded or conducted live format;
5) online or attendance;
6) start and end date;
7) time and time zone;
8) duration;
9) language;
10) name or professional role of the trainer;
11) technical requirements;
12) included materials;
13) the presence of a test or assignment;
14) conditions for successful completion;
15) the existence and type of the certificate;
16) presence of a record;
17) period of access to the recording;
18) price;
19) conditions for withdrawal, cancellation and change.
16.3.
Registration for paid training shall be confirmed no later than 1 working day after acceptance of the contract and successful payment, unless the specific offer provides for another period.
16.4.
Data on inclusion in online training shall be sent to or provided to the participant's e-mail address in its profile.
16.5.
The participant shall be obliged to provide a device, internet connection and software meeting the technical requirements specified in advance.
16.6.
Upon initiation of a paid service before expiry of the withdrawal period, the Consumer shall provide the necessary separate explicit request.
16.7.
In the case of a fully executed paid service, the right of withdrawal shall be lost only if the execution has started with the explicit prior consent of the Consumer and he has confirmed that he understands the consequence.
16.8.
Upon cancellation of training by the Merchant, the Client shall have the right to choose between:
1) participation on a new date;
2) participation in equal training;
3) full refund of the paid price.
16.9.
In case of substantial change of the date, form, duration or main content, the Customer shall receive the same choice.
16.10.
When the Client chooses a refund, the amount shall be returned without undue delay and no later than 14 days after the notification of the selection.
16.11.
The following voluntary commercial cancellation policy by the participant shall apply after the expiry or lawful withdrawal of the legal right of withdrawal, unless more favourable conditions are provided in the specific tender:
1) upon cancellation at least 14 calendar days prior to the start, 100 percent of the price shall be reimbursed;
2) upon cancellation between 7 and 13 calendar days prior to the start the Client shall choose between the reimbursement of 50 per cent of the price or a single transfer to a subsequent equivalent date;
3) in the event of cancellation less than 7 calendar days prior to the start, no voluntary refund is due;
4) no voluntary refund is due in the event of a no-show;
5) The participant may designate another person for participation up to 24 hours before the start, where the nature of the training so permits.
16.12.
The commercial policy under the preceding paragraph shall not restrict the right of withdrawal, the right to default, the rights to non-compliance or other mandatory rights of the Consumer.
16.13.
Where a certificate is issued, the tender shall indicate whether it certify:
1) participation;
2) successful completion;
3) test result;
4) acquiring specific internal competence.
16.14.
Unless expressly stated otherwise, the certificate shall not constitute a state-owned educational degree, professional qualification or authorisation for the exercise of a regulated profession.
16.15.
Where training is recorded, participants shall be informed in advance.
16.16.
The use of an image, voice, name or individual statement of a participant for advertising or marketing purposes shall only be made if there is an appropriate legal basis and, where necessary, a separate consent.
17. Free periods, bonuses and promotional access
17.1.
A free trial period or bonus access shall be provided under the conditions set out in the specific offer.
17.2.
Before activation, indicate:
1) the starting date;
2) the duration;
3) the included functionalities;
4) the number of users;
5) the existence or absence of subsequent paid renewal.
17.3.
A free period does not automatically pass into paid subscription unless the Client has pre-ordered and explicitly ordered such renewal and has received clear information about the price and periodicity.
17.4.
When access is a free bonus to physical goods:
1) the bonus does not have a separate refundable monetary value unless it is valued as a separate item;
2) the bonus shall not be automatically renewed;
3) upon a valid withdrawal from the physical commodity bonus, access may be terminated;
4) Access shall end at the end of the announced period.
18. Consumer’s right of withdrawal
18.1.
The right of withdrawal shall be granted to natural persons acting as Users.
18.2.
A business client does not have an automatic legal right to a 14-day withdrawal unless it is explicitly agreed or provided in the specific offer.
18.3.
The consumer has the right to give up a distance contract without giving up a reason and without due compensation or penalty within 14 calendar days.
18.4.
The deadline begins:
1) in the case of physical goods, from receipt by the Consumer or from a third party designated by the Consumer other than the carrier;
(2) in the case of goods delivered separately from one order, from receipt of the last commodity;
3) in the case of service, from the conclusion of the contract;
4) in the case of digital service, from the conclusion of the contract;
5) in the case of digital content without material media, from the conclusion of the contract.
18.5.
The consumer may exercise his or her right by:
1) the electronic form of the Platform;
(2) the standard withdrawal form;
3) e-mail to office@lean.bg;
4) another unambiguous written application.
18.6.
The use of the standard form is not mandatory.
18.7.
The time limit shall be respected when the statement has been sent before its expiry.
18.8.
Upon electronic application, the merchant shall send immediately confirmation of its receipt on a durable medium.
18.9.
Upon withdrawal of physical goods, the Consumer shall send it or transmit it back without undue delay and no later than 14 calendar days after notification of the Merchant.
18.10.
The direct cost of returning physical goods upon withdrawal is at the expense of the Consumer when he has been informed in advance about it.
18.11.
The consumer is responsible only for reduced value caused by the use of the goods, which goes beyond what is necessary to establish its nature, characteristics and functioning.
18.12.
The absence of an original packaging alone does not result in the loss of the right of withdrawal.
18.13.
Upon valid withdrawal, the merchant shall refund all amounts received, including the price of the cheapest standard delivery without undue delay and no later than 14 calendar days after notification.
18.14.
When the Consumer has chosen a more expensive way of delivery than the cheapest standard delivery, the difference does not refund.
18.15.
In the case of physical goods, the merchant may retain the refund until the goods are received or provide proof of its dispatch, whichever occurs earlier.
18.16.
The refund shall be made with the same means of payment unless the Consumer expressly agrees with another free way for it.
18.17.
In the event of a service or digital service being initiated at the explicit request of the Consumer, it may owe a proportionate amount for the amount actually granted until the date of the withdrawal.
18.18.
In the case of digital content without a material medium, the right of withdrawal may be lost after the start of the grant only where all the legal conditions for:
1) explicit prior consent;
2) confirmation that the Consumer understands the loss of the right;
3) provide confirmation on a durable medium.
18.19.
The right of withdrawal a paid service shall be lost after its full execution only when the execution has started with the explicit prior consent and confirmation required.
18.20.
The right of withdrawal shall not apply in cases expressly provided for by law, including for goods made to the Consumer's contract or in accordance with its individual requirements, as well as in other applicable legal exceptions.
18.21.
A simple printed book is not excluded from the right of withdrawal only because it is unpacked and reviewed.
18.22.
The detailed conditions are published on the “Right of withdrawal”, “Withdrawal form” and “Returns” pages.
19. Partial withdrawal and mixed orders
19.1.
The consumer may refuse only for a separate item from the order where it can be separated from the other items.
19.2.
In case of partial withdrawal, the price of the returned or terminated position shall be restored.
19.3.
The initial delivery cost shall be refunded only to the amount by which it would be lower if the refused item was not included in the order.
19.4.
Upon refusal of the entire order, the price of the cheapest standard delivery is restored.
19.5.
When the withdrawal of a basic product makes a bonus not applicable, the access bonus may be terminated.
19.6.
Where package products have clearly indicated individual prices, the refund shall be calculated according to the price of the refused item.
19.7.
Where the package has a single indivisible price, the consequences of partial withdrawal shall be determined according to the specific offer and applicable legislation, without limiting the mandatory rights of the Consumer.
20. Conformity and complaints
20.1.
The merchant shall be responsible for the compliance of the physical goods, digital content, digital services and other services provided with the contract.
20.2.
The physical commodity must correspond to the description, type, quantity, quality, agreed characteristics and reasonable expectations created by the offer.
20.3.
The merchant shall be responsible for the non-compliance of the physical commodity that exists on delivery and occurs within the legal period of up to two years from delivery.
20.4.
In case of non-compliance with physical commodity, the Consumer may request compliance by repair or replacement, where applicable and possible.
20.5.
Where compliance is impossible, it is not within the legal period, non-compliance occurs again or is serious enough, the Consumer may have the right to a proportionate price reduction or termination of the contract.
20.6.
Digital content and digital service shall comply with:
1) the description;
2) quantity and quality;
3) agreed functionality;
4) compatibility;
5) interoperability;
6) accessibility;
7) continuity;
8) security;
9) the instructions provided;
10) agreed updates;
11) the reasonable expectations created by the public tender.
20.7.
In the case of a single digital content or digital service provided, the merchant shall be responsible for non-compliance which occurs within the applicable legal period.
20.8.
In the case of continuous provision of digital service, the merchant shall be responsible for compliance throughout the agreed period.
20.9.
In the event of failure to provide, the Client may request the provision without undue delay.
20.10.
Where the digital content or digital service is not provided after a request has been made or within an additional agreed period, the Consumer may cancel the contract in the cases provided for by law.
20.11.
In case of non-compliance with digital content or digital service, the Consumer may request:
1) free alignment;
2) proportionate price reduction;
3) breach of the contract under the legal conditions.
20.12.
The compliance shall be carried out within reasonable time, free of charge and without significant inconvenience for the Consumer.
20.13.
Where necessary, the client shall provide reasonable assistance by means of a method which implies as little interference as possible in its digital environment and personal sphere.
20.14.
A complaint can be submitted:
1) through the electronic form of the Platform;
2) by e-mail;
3) at the address of the merchant;
4) on another announced channel.
20.15.
A complaint is registered and the Client receives confirmation containing a date and unique number.
20.16.
For examination of the claim, the following may be requested:
1) order number;
2) description of the problem;
3) photos or files;
4) technical information;
5) contact details;
6) other information objectively necessary for the verification.
20.17.
The absence of an original paper payment document shall not automatically result in a withdrawal where the purchase can be established by electronic order, invoice, bank statement or other reliable information.
20.18.
The costs of bringing a non-compliant product or service into conformity shall be borne by the merchant.
20.19.
The detailed terms are published on the "Adverts" page.
21. Intellectual Property and License Granted
21.1.
All rights to the content and functionality of the Platform, including texts, books, electronic books, videos, audio materials, presentations, photos, graphics, documents, templates, control lists, methodologies, tests, software, databases, design, logos and commercial indications, belong to the Merchant or are used by him legally.
21.2.
Purchase of a product, service, subscription or training does not transfer copyrights or other intellectual property rights.
21.3.
Unless otherwise specified in the specific offer, the Client shall receive a limited, non-exclusivity and non-transferable right of use for personal or internal organizational needs.
21.4.
An individual licence shall only be used by the person for which it was purchased.
21.5.
Corporate license is used only by authorised users and within the purchased number of licenses.
21.6.
Without prior written authorisation, no:
1) resale;
2) public dissemination;
3) providing access to unauthorised persons;
4) publication of materials on the Internet;
5) systematically copying or downloading;
6) hiring or sublicensing;
7) removing rights markings;
8) circumvention of technical restrictions;
9) use of content to create a competitive product or service;
10) use of automated means of extracting protected content, except where permitted by law or by the Merchant.
21.7.
Where a template, form or material is intended to be completed or internally used, the Client may use it within the scope of the licence granted.
21.8.
Legally permissible exceptions and restrictions of copyright are not affected.
22. Content and data provided by the client
22.1.
When the Client enters, uploads or creates content in the Platform, including photos, documents, audits, reports, comments, tasks or other data, it retains its rights to this content.
22.2.
The customer shall grant the merchant a limited right to store, process, reproduce technically and display the content only to the extent necessary for the provision, protection, maintenance and development of the service concerned.
22.3.
The customer declares that:
1) has the right to provide the content;
(2) the content does not infringe third party rights;
3) the content is not illegal;
4) the inclusion of personal data has an applicable legal basis;
5) will not upload harmful code or content that threatens the Platform.
22.4.
The merchant does not use customer content for public marketing purposes without an appropriate legal basis.
22.5.
Upon termination of a consumer contract, the Client may request the provision of the content created by him, which does not constitute personal data, where and to the extent required by the law.
22.6.
Where the law requires provision, the content shall be provided free of charge, within a reasonable period and in a widely used machine-reading format.
22.7.
The merchant may not provide content where it:
1) there is no application outside the context of the digital service;
2) refers only to the activity of the Client in the service;
3) is summarised with other data and cannot be separated without disproportionate efforts;
4) was created jointly with others and they continue to use it.
22.8.
Upon termination, the merchant may disable access without preventing the applicable right to obtain customer content.
23. Rules for permissible use
23.1.
The client uses the Platform legally, in good faith and according to its purpose.
23.2.
Not applicable:
1) unauthorized access to a foreign account;
2) sharing of an individual profile;
3) circumvention of access restrictions;
4) extracting content by automated means in violation of the licence granted;
5) spreading malware;
6) overload or intentional disruption of system operation;
7) attempt to obtain an exit code where this is not permitted by law;
8) use for fraud or deception;
9) publication of illegal, offensive, threatening or discriminatory content;
10) infringement of foreign copyrights, trademarks, personal data or other rights;
11) use of the Platform to send unwanted commercial messages;
12) representation for another person or organisation.
23.3.
A signal of alleged illegal content or violation can be sent to office@lean.bg.
23.4.
The signal should contain sufficient information to identify the content, cause of the signal and feedback data.
24. Limitation, suspension and termination of access
24.1.
The merchant may temporarily restrict access to:
1) reasonable suspicion of unauthorised access;
2) immediate security risk;
3) attempted fraud;
4) abuse of payment method;
5) material breach of these Terms and Conditions;
6) legal or administrative obligation;
7) necessary emergency technical intervention.
24.2.
Where there is no immediate risk, the merchant shall notify the Client of the detected infringement and provide him with a reasonable period of time for its termination.
24.3.
A definitive termination of paid access shall only take place where:
1) the infringement is essential;
2) a repeated infringement has not been stopped after a warning;
3) the infringement cannot be resolved;
4) immediate termination is necessary to protect security, other persons or to fulfil a legal obligation.
24.4.
The measure taken must be proportionate to the infringement.
24.5.
The client may present an objection and information on the case through the e-mail of contact.
24.6.
Where paid access has been unlawfully terminated or for the reason for which the Client is not responsible, it shall be entitled to reimbursement for the unused prepaid period or other remedies provided by the law.
24.7.
The restriction of access shall be without prejudice to the right of the Client to receive accounting documents, to file a claim, to exercise the right of withdrawal or to defend another legal right.
25. Accessibility, maintenance and security
25.1.
The merchant takes professional care to maintain normal, reliable and secure work on the Platform.
25.2.
The merchant shall not ensure absolutely continuous work when the interruption is due to necessary maintenance, update, external infrastructure or circumstance beyond its reasonable control.
25.3.
The previous provision does not exempt the merchant from liability for not providing or non-compliance with a paid digital service.
25.4.
A technical problem can be communicated via e-mail for contact and the Client indicates:
1) the profile or order;
2) the device used;
3) the browser or operating system;
4) description of the problem;
5) date and approximate time;
6) a picture of the screen, where applicable.
25.5.
The merchant may take backup, monitoring, limiting malicious traffic and other appropriate technical and organisational measures.
25.6.
No information system can be protected against all possible risks. This circumstance does not limit the merchant's obligation to apply appropriate security measures.
26. Third party services and content
26.1.
The platform may use or contain links to payment operators, courier services, video conference systems, external learning tools and other providers.
26.2.
Where the Client uses an external service, the terms of the supplier concerned may also apply.
26.3.
The merchant shall not be responsible for any independent services of third parties that are not part of the contract with the Client.
26.4.
Where an external service is necessary for the performance of the contract, the merchant shall remain responsible to the Consumer within the scope provided for by the applicable legislation.
26.5.
The reference to an external internet resource shall not constitute a guarantee or approval of all its content.
27. Liability
27.1.
Nothing in these Terms and Conditions excludes or restricts liability which cannot be excluded or restricted by law.
27.2.
No contractual restriction shall apply to Users which reduces:
1) the rights to fail to grant;
(2) the rights to non-compliance;
3) the right of withdrawal;
4) the right to reimbursement;
5) responsibility for intent or gross negligence;
6) responsibility for damage to life or health;
7) other mandatory consumer rights.
27.3.
The merchant does not guarantee the achievement of a specific financial, production, professional, management, educational or organizational result of the use of books, trainings, methodologies, templates, consultations or Platform.
27.4.
The client is responsible for his own management, professional and business decisions.
27.5.
The merchant shall not be liable for any damage caused solely by:
1) incorrect data provided by the Client;
2) use in violation of instructions;
3) unprotected access data from the Client;
4) incompatible digital environment where technical requirements have been clearly communicated;
5) illegal activities of the Client;
6) changes made by the Client or by an unauthorized third party.
27.6.
With regard to business customers, as far as the law allows, the merchant is responsible only for direct and foreseeable damage which is the immediate consequence of a guilty failure.
27.7.
With regard to business customers, as far as the law allows, the total liability under a specific contract is limited to the higher of the following values:
1) the price paid for the product or service concerned;
(2) the amounts paid for the digital service concerned in the last 12 months.
27.8.
The restriction referred to in the preceding paragraph shall not apply to intentional, gross negligence, damage to life or health, breach of confidentiality or in other cases where the restriction is inadmissible.
27.9.
The merchant shall not be responsible for indirect business losses of a business client, including loss of profit, loss of opportunity or loss of expected savings, unless the injury is intentionally or such a restriction is unacceptable.
28. Force majeure
28.1.
A Party shall not be responsible for delayed or impossible execution caused by an unpredictable and non-preventable event beyond its reasonable control.
28.2.
Such events may include natural disasters, fire, war, public disorder, nationwide strike, disruption of basic infrastructure, act of state authority, large-scale cyber attack or other comparable circumstance.
28.3.
The Party concerned shall notify the other Party without undue delay and shall make reasonable efforts to mitigate the consequences.
28.4.
Where execution becomes permanent impossible or delay deprives the Client of the essential purpose of the contract, the termination and refund rights shall apply.
29. Personal data and cookies
29.1.
The merchant processes personal data pursuant to Regulation (EU) 2016/679, the Personal Data Protection Act and the Privacy Policy.
29.2.
Personal data may be processed for:
1) registration and management of profiles;
2) execution of orders;
3) delivery;
4) payment;
5) invoicing;
6) providing access;
7) conducting trainings;
8) technical support;
9) prevention of fraud;
10) security protection;
11) the fulfilment of legal obligations;
12) establishment, exercise or defence of legal claims.
29.3.
In case of bank transfer, the name of the holder, IBAN, size, date, basis and status of payment may be processed.
29.4.
Data on recording, participation, progress, tests, assignments and certificates may be processed in training.
29.5.
The transaction messages relating to a contract, payment, delivery, security or agreed access do not constitute marketing messages.
29.6.
Marketing communications shall be sent on the basis of the applicable legal basis and the consent granted may be withdrawn at any time.
29.7.
The use of optional cookies and similar technologies is governed by the Cookies Policy and by the choice made through the consent management mechanism.
30. Electronic messages
30.1.
The client agrees to send the contractual and service messages to the e-mail address specified by him.
30.2.
The customer is obliged to keep his e-mail address up-to-date and check the folders for unwanted mail.
30.3.
Messages may include:
1) confirmation of order;
2) payment status;
3) delivery information;
4) activation of access;
5) a security warning;
6) change of digital service;
7) imminent leakage;
8) response on claim;
9) confirmation of withdrawal;
10) other contractual information required.
30.4.
Where the law requires information to be on a durable medium, it shall be sent in the content of the electronic message, such as a file or otherwise, which allows unchanged storage and reproduction.
31. Term and termination
31.1.
The single contract shall end after the full fulfilment of the obligations of the Parties.
31.2.
Short-term access shall end at the end of the purchased period unless a separate extension or subscription contract has been concluded.
31.3.
An unlimited or periodically renewed contract may be terminated in the manner and with the time limit specified prior to the contract.
31.4.
The termination of periodic renewal shall suspend future payments and take effect from the end of the current pre-payment period, unless the law or the specific tender confers a more favourable right.
31.5.
The termination shall not delete an obligation for an amount due before the termination date.
31.6.
Upon termination of a digital service, the merchant may disable access after the termination date occurs.
31.7.
Where termination is due to non-compliance or non-compliance of the merchant, the Consumer shall be entitled to the applicable refund for the unused or non-compliant period.
31.8.
Before termination, the Client should download the data for which the Platform provides a standard export function.
31.9.
The rights of the Consumer to obtain content created by him, which does not represent personal data, shall be retained regardless of disabling the profile.
32. Changes to these Terms and Conditions
32.1.
The merchant may amend the Terms and Conditions under:
1) change of legislation;
2) change of the products or services offered;
3) introducing new methods of payment;
4) development of the Platform;
5) security requirement;
6) the need to remove ambiguity or error;
7) another objectively justified reason.
32.2.
The new version shall apply to orders made after the date of its entry into force.
32.3.
The change is without prejudice to single contracts already concluded and rights acquired.
32.4.
In the case of a continuing digital service, a change shall only be made under the conditions laid down in these Terms and Conditions and applicable legislation.
32.5.
Essential changes affecting current paid access shall be communicated on a durable medium in advance within a reasonable period.
32.6.
Where the change has more than a minor negative impact, the Consumer shall receive the applicable right of free termination.
32.7.
Continuing the use of free public functionality may mean that the Client is familiar with the current rules for this functionality, but does not in itself constitute consent for a new payment or for a substantial change of a previously paid contract.
32.8.
Previous versions shall be archived for the purpose of establishing the conditions applicable to a specific contract.
33. Complaints and alternative dispute resolution
33.1.
The client may submit a complaint to:
LEAN BULGARIA OOD
Email: office@lean.bg
Telephone: +359 896 060 911
Address: Sofia, 55 Kiril Popov Str., A, floor 1, ap. 4, Republic of Bulgaria
33.2.
The complaint should contain sufficient information to identify the Client, the order and the problem.
33.3.
The merchant shall examine the complaints in good faith and shall respond within a reasonable time, in accordance with the nature and complexity of the case.
33.4.
The consumer may submit a complaint or an alert to the Commission for consumer protection through the Commission's official channels.
33.5.
The consumer may request consideration of a dispute by a competent common or sectoral conciliation committee included in the official list of alternative dispute resolution bodies.
33.6.
Participation in conciliation proceedings shall not restrict the right of the parties to seek judicial protection.
33.7.
The European platform for online dispute resolution has been terminated and is not used as a channel for filing new consumer complaints.
34. Applicable law and competent court
34.1.
The law of the Republic of Bulgaria shall apply to these Terms and Conditions and Treaties concluded through the Platform.
34.2.
The choice of Bulgarian law does not deprive a consumer who normally resides in another country of the protection of mandatory regulations that would be applicable in the absence of this choice.
34.3.
The Parties shall make reasonable efforts to resolve a dispute which has arisen voluntarily.
34.4.
Where no agreement is reached, the dispute shall be dealt with by the competent court designated under the applicable legislation.
34.5.
The current Terms and Conditions do not introduce an exclusive conviction which restricts the legal right of the Consumer to bring an action before another competent court.
35. Final provisions
35.1.
If a separate provision is declared invalid, not applicable or minor, it shall not affect the functioning of the other provisions.
35.2.
The invalid provision shall be replaced by the applicable legal provision or interpreted in a manner which is closest to the permissible objective.
35.3.
Non-exercise law by the Merchant or Client does not constitute a waiver of that right.
35.4.
The merchant may transfer a contract to a successor in the event of conversion or transfer of an activity where this does not reduce the rights of the Consumer and is duly informed.
35.5.
A customer may not transfer paid individual access to a third party without written permission unless the law or the specific offer allows it.
35.6.
The titles of the sections shall be for an organisational purpose and shall not restrict the content of the provisions.
35.7.
The current Terms and Conditions shall enter into force from the date specified in the field.
35.8.
For the specific contract, the version accepted and provided to the Client at the conclusion of the contract shall apply.
1. GENERAL PROVISIONS
1.1.
These Terms and Conditions govern:
1) the use of Lean Champions Platform;
2) the creation and use of user accounts;
3) browsing, ordering and purchasing products and services through Lean Champions Store;
4) the provision of physical goods, digital content, digital services, subscription access, online and in-person training, events, consultancy and other services;
5) the rights and obligations of the Merchant and Customers concerning the use of the Platform and the conclusion and performance of distance contracts.
1.2.
The Merchant and provider of information society services is:
LEAN BULGARIA OOD
Unified Identification Code (UIC): 203317933
VAT identification number: BG203317933
Registered office and management address: Sofia, 55 Kiril Popov Street, entrance A, floor 1, apartment 4, Republic of Bulgaria
Manager: Todor Neychev
Email: office@lean.bg
Telephone: +359 896 060 911
hereinafter referred to as the “Merchant”.
1.3.
The Merchant operates Lean Champions Platform and Lean Champions Store, accessible through the websites, applications, subdomains, user interfaces and software modules of Lean Champions.
1.4.
These Terms and Conditions are available to the Customer before an order is placed and can be saved, printed and reproduced.
1.5.
When placing an order, the Customer confirms, through a separate checkbox that is not preselected, that they have had an opportunity to read these Terms and Conditions and accept them.
1.6.
Merely browsing the publicly accessible part of the Platform does not constitute acceptance of an obligation to purchase, pay or enter into a contract.
1.7.
These Terms and Conditions cannot restrict rights granted to consumers by mandatory provisions of applicable law.
2. DEFINITIONS
For the purposes of these Terms and Conditions, the following terms have the meanings set out below:
2.1. Platform
“Platform” means Lean Champions Platform, including the websites, user accounts, applications, modules, databases, interfaces, learning environments, communities and other digital functions operated by the Merchant.
2.2. Store
“Store” means Lean Champions Store, which provides the functions for browsing, selecting, ordering and paying for products and services.
2.3. Customer
“Customer” means any natural or legal person who uses the Platform, registers an account, places an order or enters into a contract with the Merchant.
2.4. Consumer
“Consumer” means a natural person who acquires goods, digital content, digital services or other services for purposes outside their commercial, business, craft or professional activity.
2.5. Business customer
“Business customer” means a legal person, sole trader or natural person acting for purposes related to their commercial, business, craft or professional activity.
2.6. Physical goods
“Physical goods” means a tangible product, including a printed book, a set of books, printed training materials, tools or another product that is physically delivered.
2.7. Digital content
"Digital content" means data that is created and provided in digital form, including electronic books, recorded video books, audio materials, presentations, templates, files, tests, manuals, documents, images and other materials provided without a material medium.
2.8. Digital service
A service that enables the Client to create, process, store, use or share digital data or interact with such data, including paid access to Lean Champions Platform, software modules, 5S functionalities, online libraries, reports, communities, learning environments and other online tools.
2.9. Service
A service means an activity carried out by a merchant for remuneration or as part of a package, including live learning, consultation, seminar, webinar, event, analysis or other professional service.
2.10. Training
"Training" means a live course, program, seminar, webinar, workshop, attendance or other organized form of knowledge transfer and practical skills.
2.11. Subscription or access plan
"Abonament" or "Admission Plan" means a right of access to certain digital content, digital service or functionality for a specified period of time or for periodic payment where this is explicitly stated in the specific offer.
2.12. Mixed order
"Mixed order" means an order containing more than one type of product or service, such as a physical book, digital content, platform access and training.
2.13. Order
"Order" means the electronic statement of the Client by which he declares his desire to buy the products or services listed in the basket under the conditions shown.
2.14. Consumer profile
"Consumer profile" means individual or organisational registration through which the Client receives access to purchased products, services, content or functionality.
2.15. Permanent carrier
"Train carrier" means a means that enables the Client to store information addressed to him personally in a way that provides access to it for a period corresponding to its purpose and allows its unchanged reproduction, including an email or a PDF file.
2.16. Working day
A working day means a day that is not Saturday, Sunday or official holiday in the Republic of Bulgaria.
3. Scope and related documents
3.1.
These Terms and Conditions apply to all Customers except where a separate written contract is concluded for a particular product, service, corporate plan or individual tender.
3.2.
An integral part of these Terms and Conditions are:
1) The Privacy Policy;
2) Cookies Policy;
3) Delivery and payment policy;
4) The policy on the right of withdrawal;
5) the standard withdrawal form;
6) Return policy;
7) The complaint policy;
8) the information about the merchant;
9) the specific conditions published on the specific product or service page;
10) the confirmation of the specific order.
3.3.
The confidentiality policy shall constitute information on the processing of personal data and shall not be considered as contractual consent to processing where the processing is carried out on another legal basis.
3.4.
Where specific conditions are published for a particular product or service, they shall be applied together with these Terms and Conditions.
3.5.
In the event of a conflict between these Terms and Conditions and the specific information shown to the Client immediately prior to the order, more specific information on the product or service concerned shall apply, unless it restricts the consumer's mandatory right.
3.6.
Where a separate provision applies only to Users or only to Business Clients, this is explicitly stated.
4. Customer requirements and authority to act on behalf of others
4.1.
An order may be carried out by an adult and a capable natural person.
4.2.
A minor may use the Platform and make a purchase only with the consent and under the responsibility of his or her parent, guardian or guardian where this is permissible by law.
4.3.
A person making an order on behalf of a legal person or another organisation shall declare that he has the necessary representative authority.
4.4.
Where reasonable doubt arises as to the identity, age or representative authority of the Client, the merchant may request additional information necessary for the verification.
5. Types of products and services offered
5.1.
The Platform may offer:
1) printed books;
2) sets of books;
3) printed and other physical study materials;
4) electronic books;
5) files, templates, manuals and presentations;
6) recorded video and audio;
7) access to Lean Champions Platform;
8) access to software modules and applications;
9) individual and corporate subscriptions;
10) online live training;
11) recorded remote training;
12) attendance training;
13) seminars, webinars, workshops and events;
14) consulting and professional services;
15) combined packages;
16) other products or services described in the Platform.
5.2.
Each position in the basket shall be classified according to its actual nature as physical goods, digital content, digital service, service or combination thereof.
5.3.
In the case of a mixed order, the rules for delivery, activation, right of withdrawal, return, claim and refund shall be applied separately to each position according to its type.
5.4.
A common mixed order payment transaction does not change the legal characteristics of individual purchased positions.
5.5.
Where a physical commodity includes a free digital bonus, its duration, scope, number of authorised users and mode of activation shall be indicated in the specific offer.
5.6.
Where a product or service is designated as a test, demonstration or "Beta', the terms of reference shall be described in the tender. Such an indication shall not exclude the mandatory rights of the Consumer in the event of the failure or non-compliance of a paid product or service.
6. Pre-contract information
6.1.
Before the Client is bound by an order, the merchant shall provide in a clear and understandable way information on:
1) the main characteristics of the product or service;
2) the type of product or service;
3) the content and scope of the included;
4) the final price with applicable taxes and charges included;
5) delivery costs;
6) any other additional costs;
7) the available means of payment;
8) the manner and time of delivery, delivery, activation or execution;
9) the duration of the contract or access;
10) the number of users or licences involved;
11) the existence or absence of automatic renewal;
12) the periodicity and amount of payments when there is a subscription;
13) the minimum duration of the Customer's obligations;
14) the terms of termination;
15) the legal right of withdrawal;
16) cases where the right of withdrawal is not granted or may be lost;
17) the direct cost of returning physical goods;
18) the legal responsibility for compliance;
19) the functionality of digital content or digital service;
20) compatibility and interoperability with hardware and software;
21) the necessary devices, internet connection, browser, operating system and file formats;
22) the known technical, geographical or other constraints;
23) the language of the content or training;
24) the date, time, time zone and duration of live learning;
25) the existence of a record, study material, test or certificate;
26) the conditions for the use of the materials provided;
27) information on the manufacturer, product identification and safety warnings, where applicable;
28) the available means of filing a claim or complaint.
6.2.
Where the final price cannot be reasonably calculated in advance, the merchant shall indicate how it is calculated.
6.3.
Where a subscription is offered, the final price shall be presented for the relevant billing period and the total or periodic costs shall be indicated.
6.4.
Where the price is customised on the basis of automated decision making, this circumstance shall be communicated before the order is made.
6.5.
Where user assessments or reviews are published in the Platform, the merchant shall provide information on whether and how it checks that the published reviews are provided by persons who have actually used or purchased the product or service concerned.
6.6.
The customer should read the information on the product page and the summary of the order before sending it.
7. Registration and user profiles
7.1.
For the purchase of physical goods, registration may not be required unless access is included, which is provided through a user profile.
7.2.
For the use of digital content, digital service, subscription, training or corporate plan registration may be required.
7.3.
Upon registration the Client is obliged to provide correct, complete and up-to-date information.
7.4.
The client is responsible for protecting his or her access data and must not provide them to unauthorised persons.
7.5.
The customer is obliged to notify the Merchant without undue delay when the profile has been established or suspected misuse.
7.6.
An individual plan may only be used by one natural person unless the offer explicitly identifies a different number of users.
7.7.
The Corporate Client may only grant access within the purchased number of licenses and to persons belonging to the organisation or other explicitly defined group.
7.8.
When a corporate profile is managed by an entity controller, that controller may create, disable and manage users within the limits of the rights granted.
7.9.
The merchant shall not be liable for acts carried out through the profile resulting from access data provided to a third party, except where unauthorised access is due to breach of a merchant's obligation.
7.10.
The consumer may request closure of his account by not automatically removing data that the merchant is obliged to store by law or which are necessary to establish, exercise or protect legal claims.
8. Technical steps for ordering
8.1.
The order shall be carried out by successive implementation of the following steps:
1) choice of product or service;
2) adding to the basket;
3) review of selected positions, quantities and prices;
4) input or confirmation of customer data;
5) input of invoice data, where applicable;
6) choice of delivery method for physical goods;
7) choice of available payment method;
8) review of the final amount of payment;
9) review of the delivery, activation or execution period;
10) correction of errors made;
11) acceptance of the Terms and Conditions;
12) giving individual explicit consents where necessary;
13) Sending the order via the button
8.2.
Before sending the order the Client has the opportunity to return to the previous steps and change or delete entered data and selected positions.
8.3.
At the latest, at the start of the ordering process, the Platform shows:
1) the available means of payment;
(2) the applicable supply restrictions;
3) the countries or territories to which delivery takes place.
8.4.
Immediately before the final button are displayed in a clear and visible way:
1) the main characteristics of the ordered products and services;
(2) the quantities;
3) the total final price;
4) all delivery costs and additional costs;
5) the duration of the contract or access;
6) the termination conditions, where applicable;
7) the minimum duration of the Customer's obligations;
8) the chosen method of payment;
9) the chosen method and time for delivery or activation.
8.5.
Additional paid products, services or options shall not be added through pre-paid fields.
8.6.
The consent to receive marketing messages is separate, voluntary and is not a condition for making a purchase.
8.7.
The contract is concluded in Bulgarian language. When translation is provided in another language, the Bulgarian version has the advantage of non-compliance, except in so far as compulsory legislation requires otherwise.
9. Receipt, acceptance and confirmation of the order
9.1.
After sending the order the system automatically sends an electronic message that the order has been received.
9.2.
The automatic receipt message shall not constitute acceptance of the contract unless it explicitly states that the contract has been accepted and the contract has been concluded.
9.3.
The contract between the Client and the Merchant is deemed to be concluded when the Merchant sends the Client an explicit electronic confirmation of acceptance of the order.
9.4.
For a product or service that is activated automatically after payment, the acceptance confirmation may be sent simultaneously with the activation confirmation.
9.5.
Successful authorization or handling of card payment itself does not constitute acceptance of the order when the Client has not received explicit confirmation of its acceptance.
9.6.
In the case of bank transfer, the sending of bank instructions and the status of the payment is not a confirmation that the implementation has started.
9.7.
Upon conclusion of the contract, the Customer shall receive on a durable medium:
1) number and date of order;
2) the merchant's data;
3) purchased positions;
4) the final price;
5) the chosen method of payment;
6) the method and time chosen for delivery or activation;
7) the period of access or subscription;
8) information on the right of withdrawal;
9) the standard withdrawal form;
10) the applicable version of the Terms and Conditions;
11) confirmation of the explicit consents given;
12) other mandatory pre-contracting information.
9.8.
The confirmation shall be sent by e-mail as a text, file or other non-replaceable copy. Only a reference to a website the content of which may subsequently be changed does not replace the obligation to provide information on a durable medium.
9.9.
The electronic statement shall be deemed to have been received when it becomes available at the e-mail address specified by the Client.
9.10.
The merchant stores information about the contract concluded, the order number, the accepted version of the Terms and Conditions and the consents given in accordance with the legal terms and the Privacy Policy.
9.11.
The client may request a copy of the contractual information via e-mail for contact.
9.12.
Where the order cannot be executed due to exhausted availability, technical error, legal ban, established fraud or other objective reason, the merchant shall notify the Client without undue delay.
9.13.
Where a payment is received for an outstanding or outstanding contract, the amount shall be refunded without undue delay in the initial payment method used.
9.14.
In the case of a mixed order, partial execution shall be carried out only where the Client has been notified and is preserved his or her ability to accept the partial execution or terminate the part of the contract concerned.
10. Prices, taxes and discounts
10.1.
The sales prices shall be indicated in euro.
10.2.
Consumer prices include the applicable value added tax and other mandatory taxes and fees, except where the law provides otherwise.
10.3.
Where an equivalent is displayed in another currency, it shall have an informational character, unless it is explicitly identified as a currency of payment.
10.4.
Delivery costs shall be shown separately before sending the order.
10.5.
The final amount due shall be shown immediately before the order is sent.
10.6.
The merchant does not charge hidden fees or additional amounts which have not been shown and explicitly selected by the Client.
10.7.
In case of subscription:
1) the price for the relevant period;
(2) the frequency of payments;
3) the total price for the minimum period, where applicable;
4) the conditions for renewal;
5) the means of termination.
10.8.
Where a price reduction is declared, the previous price shall be indicated in accordance with the requirements of the applicable legislation.
10.9.
A change in price shall be without prejudice to a contract already accepted or a prepaid contract for a specified period.
10.10.
In case of an obvious technical or printed error in the price established prior to the acceptance of the order, the merchant shall notify the Client and shall not be obliged to accept the order at the incorrect price.
10.11.
Once the order is accepted, the merchant cannot unilaterally increase the agreed price.
11. Payment methods
11.1.
Available payment methods are shown in the basket and may include:
1) payment by bank card via myPOS;
2) cash on delivery for eligible physical goods;
3) bank transfers;
4) another lawful method explicitly indicated before the order.
11.2. Payment by bank card
Card payments are processed through the payment environment of myPOS or through another previously designated authorised payment service provider.
11.3.
The merchant does not receive or store the full number of the bank card, the security code or other full certification card data.
11.4.
The order shall be processed after receipt and verification of a valid successful payment confirmation.
11.5.
Upon refusal of, interrupted or unsuccessful payment, the order may remain unpaid and outstanding.
11.6.
In the case of a double payment established, the excess amount shall be refund without undue delay following the necessary verification.
11.7. cash on delivery
Cash on delivery is available only for physical goods and only when offered as an option in the cart.
11.8.
Cash on delivery is not available for orders containing only paid digital content, a digital service, a subscription or training.
11.9.
In case of a mixed order, a payment may be limited where the digital element cannot be activated before confirmation of the payment.
11.10.
Where a free digital bonus is included in a physical commodity, the bonus may be activated after confirmation has been obtained and paid.
11.11. Bank transfer
A bank transfer is only available when it is shown as an active option upon completion of the order.
11.12.
After selecting a bank transfer the Client receives:
1) name of the recipient;
2) IBAN;
3) BIC where necessary;
4) name of the bank;
5) currency of payment;
6) order number to be indicated as basis;
7) a period for making the payment.
11.13.
Unless another time limit is indicated in the confirmation, the full amount must be entered in the merchant's bank account within 3 working days of the creation of the contract.
11.14.
The payment shall be deemed to have been made on the date on which the full amount is credited to the merchant's bank account.
11.15.
Until the receipt and identification of the payment, the order has the status of the payment expected and is not sent, activated or executed.
11.16.
In the case of a bank transfer, the delivery, activation or execution period shall start after receipt and identification of the full amount, unless expressly agreed otherwise.
11.17.
Where the payment is not received within the specified time limit, the contract may be cancelled automatically without a penalty for the Client.
11.18.
If payment occurs after cancellation of the contract and the contract cannot be refund, the amount shall be returned without undue delay.
11.19.
The merchant does not charge a separate fee for bank transfer. The bank charges charged to the orderer are on the account of the orderer and the merchant's account should have the full amount of the order.
11.20.
The reimbursement shall be made in the same way as the original payment, unless the Client expressly agrees with another way that does not result in costs for it.
11.21.
The amount paid by bank card shall not be refunded in cash, except where it is permissible by law and expressly approved by the paying operator.
12. Invoices and accounting documents
12.1.
The customer should state the need for an invoice and provide correct invoicing data prior to completion of the contract.
12.2.
Where the Client is a legal person, it shall provide at least a name, an ID, a VAT identification number, where applicable, an address and a recipient name.
12.3.
The invoice may be issued in electronic format and sent to that electronic address.
12.4.
In the event of cash on delivery, the fact that the payment is collected by means of a courier or postal service operator does not change the seller and the basis for issuing an invoice for the purchased products or services.
13. Supply of physical goods
13.1.
Natural goods are supplied to the countries, settlements, addresses, offices or automatics of couriers available for choice in the basket.
13.2.
Where a country or territory is not available during the ordering process, delivery to it shall not be offered.
13.3.
Delivery shall be carried out via Econt Express or by any other courier or postal service operator explicitly indicated in the order.
13.4.
For physical goods available, the order shall be transmitted to a courier within 2 working days after:
1) acceptance of a cash-on-delivery order;
2) confirmation of the card payment and acceptance of the order;
3) Getting and identifying the bank transfer.
13.5.
The supply of available physical goods in the territory of the Republic of Bulgaria shall be carried out no later than 7 working days from the relevant starting point at the previous point.
13.6.
Where another date or time limit is indicated for a particular product, including in the case of a pre-order, a temporary product, a personalised commodity or a product to be manufactured, the time limit shown prior to sending the order and confirmed on a durable medium shall apply.
13.7.
Where no other period has been agreed, the physical commodity shall be delivered no later than 30 calendar days from the conclusion of the contract.
13.8.
Delivery costs are calculated and shown before sending the order.
13.9.
Free delivery shall only apply when explicitly indicated in the specific offer or basket.
13.10.
Upon delivery of the consignment, the Customer shall receive a tracking number or other available information on the delivery.
13.11.
The customer is obliged to provide accurate data on the recipient and the delivery.
13.12.
When changing the data before dispatch the Client should immediately notify the Merchant. The merchant does not ensure that a change can be made after the delivery of the consignment to a courier.
13.13.
The risk of accidental destruction or damage to the goods passes on to the Consumer when he or a third party other than the carrier receives the goods.
13.14.
Where the customer himself has entrusted the carriage of a carrier not proposed by the merchant, the risk shall be passed on when the goods are transferred to that carrier under the applicable legislation.
13.15.
It is recommended that the customer review the outer packaging upon receipt and, if visible, request a report from the courier.
13.16.
The absence of a transport failure protocol does not take away the mandatory rights of the Consumer, but may make it difficult to establish the moment and cause of the damage.
13.17.
In case of delay, the Merchant shall notify the Client when it has information about the delay and shall indicate an updated expected period.
13.18.
Where the delivery is not made within the agreed period, the Consumer shall have the rights provided for in the applicable legislation, including to set an appropriate additional period or to terminate the contract in the cases provided for by law.
13.19.
If a consignment is not received due to incorrect data, non-request or non-request, the merchant may cancel the order.
13.20.
Re-sent after confirmation by the Client and payment of actual new transport costs where this is permissible.
13.21.
No automatic penalty fee shall be charged for an outstanding consignment.
14. Provision of digital content
14.1.
Digital content shall be provided in the manner and within the time limit specified in the specific tender.
14.2.
Where no future starting date is indicated, the digital content shall be provided without undue delay following the conclusion of the contract and a successful payment, normally immediately and no later than 1 working day.
14.3.
Digital content can be provided by:
1) activation in a user profile;
2) secure link;
3) file to download;
4) e-mail;
5) learning environment;
6) another explicitly described way.
14.4.
The obligation to provide shall be deemed to be fulfilled where the digital content or appropriate means of access to it becomes available to the Client or a digital facility selected by him.
14.5.
Before purchase, the known technical requirements, including supported file format, browser, operating system, application or device, shall be specified.
14.6.
When digital content is to be supplied immediately, before the statutory 14-day withdrawal period expires, the Consumer must use a separate checkbox that is not pre-selected to:
1) expressly agree to the granting to begin immediately;
(2) confirm that it understands that, with the launch of the grant, it loses its right to refuse this digital content.
14.7.
The consent and confirmation given shall be recorded to the order and confirmed to the Consumer on a durable medium.
14.8.
When the Consumer does not give the necessary consent for immediate delivery, the merchant may commence the delivery after the 14-day withdrawal period.
14.9.
The right of withdrawal shall not be deemed to have been lost where all the requirements of the applicable prior consent legislation, the confirmation of the Consumer and their provision on a durable medium are not met.
14.10.
The purchase of digital content provides a limited right of use under the intellectual property section and the specific licence.
15. Digital services, platform access and subscriptions
15.1.
The paid access to Lean Champions Platform, its modules and functionalities, is a digital service, except where the nature of the particular offer requires another qualification.
15.2.
Access shall be activated in the manner and within the time limit specified before purchase.
15.3.
Where no future starting date is indicated, access shall be activated without undue delay following the conclusion of the contract and successful payment, normally immediately and no later than 1 working day.
15.4.
The access period shall start from the date of activation, unless the offer and confirmation indicate another date.
15.5.
Before the purchase are indicated:
1) the included functionalities;
2) the length of access;
3) the number of authorised users;
4) technical requirements;
5) restrictions;
6) the included maintenance;
7) the presence or absence of automatic renewal.
15.6.
A default plan ends at the end of the purchased period and does not result in a new payment unless the Client has individually and explicitly selected a subscription with periodic renewal.
15.7.
The retention of a payment method, the lack of response by the Client or the continuation of the use of the Platform alone do not constitute consent for a newly paid renewal.
15.8.
In case of subscription with periodic payment prior to the order are shown:
1) the amount of the periodic payment;
2) the invoicing period;
3) the date or method of determining the next payment;
4) the minimum period;
5) the means of termination;
6) the moment when termination takes effect.
15.9.
If the digital service is to start before the 14-day withdrawal period expires, the Consumer must make a separate express request for early performance and acknowledge that the right of withdrawal may be lost after full performance under the conditions laid down by law.
15.10.
If the Consumer withdraws after the service has started but before it is fully performed, a proportionate amount may be payable for the service actually provided up to withdrawal, where the statutory conditions are met.
15.11.
The merchant shall provide the necessary updates, including security updates, to the extent necessary to maintain the compliance of the digital service.
15.12.
The customer should install or apply the updates provided within a reasonable time when he has received clear instructions and a warning of the consequences of their failure.
15.13.
The merchant may modify the digital service beyond what is necessary to maintain compliance only if there is a good reason, including:
1) a change in the applicable legislation;
2) the need to increase security;
3) prevent abuse;
4) removal of a technical defect;
5) ensuring compatibility;
6) change of external technology or integration;
7) improving productivity or accessibility;
8) adding or improving functionality.
15.14.
The amendment to the previous paragraph:
1) is not paid additionally by the Consumer;
(2) shall be communicated clearly and understandably;
3) does not reduce the mandatory rights of the Consumer.
15.15.
Where the change has more than a minor negative impact on access or use, the Consumer shall be informed in advance within a reasonable period of time on a durable medium of:
1) the nature of the change;
(2) the date of its introduction;
3) the expected impact;
4) the right to terminate the contract free of charge within the period prescribed by law;
5) the possibility to maintain an unchanged version when such an option is provided.
15.16.
Technical maintenance and planned interruptions can be performed for security, update or development of the Platform.
15.17.
Where practicable, a planned interruption shall be announced in advance.
15.18.
Temporary interruptions shall not preclude the rights of the Consumer where the digital service does not comply with the agreed quality, availability or continuity.
16. Online, distance and in-person training
16.1.
The legal characteristics of the training shall be determined according to the manner in which it is provided:
1) a recorded course or download file may be digital content;
2) interactive access to a training platform may be a digital service;
3) live learning, webinar, consultation or attendance is a service;
4) a combined program may contain more than one of these elements.
16.2.
For each pre-order training:
1) name;
(2) description and educational objectives;
3) content;
4) recorded or conducted live format;
5) online or attendance;
6) start and end date;
7) time and time zone;
8) duration;
9) language;
10) name or professional role of the trainer;
11) technical requirements;
12) included materials;
13) the presence of a test or assignment;
14) conditions for successful completion;
15) the existence and type of the certificate;
16) presence of a record;
17) period of access to the recording;
18) price;
19) conditions for withdrawal, cancellation and change.
16.3.
Registration for paid training shall be confirmed no later than 1 working day after acceptance of the contract and successful payment, unless the specific offer provides for another period.
16.4.
Data on inclusion in online training shall be sent to or provided to the participant's e-mail address in its profile.
16.5.
The participant shall be obliged to provide a device, internet connection and software meeting the technical requirements specified in advance.
16.6.
Upon initiation of a paid service before expiry of the withdrawal period, the Consumer shall provide the necessary separate explicit request.
16.7.
In the case of a fully executed paid service, the right of withdrawal shall be lost only if the execution has started with the explicit prior consent of the Consumer and he has confirmed that he understands the consequence.
16.8.
Upon cancellation of training by the Merchant, the Client shall have the right to choose between:
1) participation on a new date;
2) participation in equal training;
3) full refund of the paid price.
16.9.
In case of substantial change of the date, form, duration or main content, the Customer shall receive the same choice.
16.10.
When the Client chooses a refund, the amount shall be returned without undue delay and no later than 14 days after the notification of the selection.
16.11.
The following voluntary commercial cancellation policy by the participant shall apply after the expiry or lawful withdrawal of the legal right of withdrawal, unless more favourable conditions are provided in the specific tender:
1) upon cancellation at least 14 calendar days prior to the start, 100 percent of the price shall be reimbursed;
2) upon cancellation between 7 and 13 calendar days prior to the start the Client shall choose between the reimbursement of 50 per cent of the price or a single transfer to a subsequent equivalent date;
3) in the event of cancellation less than 7 calendar days prior to the start, no voluntary refund is due;
4) no voluntary refund is due in the event of a no-show;
5) The participant may designate another person for participation up to 24 hours before the start, where the nature of the training so permits.
16.12.
The commercial policy under the preceding paragraph shall not restrict the right of withdrawal, the right to default, the rights to non-compliance or other mandatory rights of the Consumer.
16.13.
Where a certificate is issued, the tender shall indicate whether it certify:
1) participation;
2) successful completion;
3) test result;
4) acquiring specific internal competence.
16.14.
Unless expressly stated otherwise, the certificate shall not constitute a state-owned educational degree, professional qualification or authorisation for the exercise of a regulated profession.
16.15.
Where training is recorded, participants shall be informed in advance.
16.16.
The use of an image, voice, name or individual statement of a participant for advertising or marketing purposes shall only be made if there is an appropriate legal basis and, where necessary, a separate consent.
17. Free periods, bonuses and promotional access
17.1.
A free trial period or bonus access shall be provided under the conditions set out in the specific offer.
17.2.
Before activation, indicate:
1) the starting date;
2) the duration;
3) the included functionalities;
4) the number of users;
5) the existence or absence of subsequent paid renewal.
17.3.
A free period does not automatically pass into paid subscription unless the Client has pre-ordered and explicitly ordered such renewal and has received clear information about the price and periodicity.
17.4.
When access is a free bonus to physical goods:
1) the bonus does not have a separate refundable monetary value unless it is valued as a separate item;
2) the bonus shall not be automatically renewed;
3) upon a valid withdrawal from the physical commodity bonus, access may be terminated;
4) Access shall end at the end of the announced period.
18. Consumer’s right of withdrawal
18.1.
The right of withdrawal shall be granted to natural persons acting as Users.
18.2.
A business client does not have an automatic legal right to a 14-day withdrawal unless it is explicitly agreed or provided in the specific offer.
18.3.
The consumer has the right to give up a distance contract without giving up a reason and without due compensation or penalty within 14 calendar days.
18.4.
The deadline begins:
1) in the case of physical goods, from receipt by the Consumer or from a third party designated by the Consumer other than the carrier;
(2) in the case of goods delivered separately from one order, from receipt of the last commodity;
3) in the case of service, from the conclusion of the contract;
4) in the case of digital service, from the conclusion of the contract;
5) in the case of digital content without material media, from the conclusion of the contract.
18.5.
The consumer may exercise his or her right by:
1) the electronic form of the Platform;
(2) the standard withdrawal form;
3) e-mail to office@lean.bg;
4) another unambiguous written application.
18.6.
The use of the standard form is not mandatory.
18.7.
The time limit shall be respected when the statement has been sent before its expiry.
18.8.
Upon electronic application, the merchant shall send immediately confirmation of its receipt on a durable medium.
18.9.
Upon withdrawal of physical goods, the Consumer shall send it or transmit it back without undue delay and no later than 14 calendar days after notification of the Merchant.
18.10.
The direct cost of returning physical goods upon withdrawal is at the expense of the Consumer when he has been informed in advance about it.
18.11.
The consumer is responsible only for reduced value caused by the use of the goods, which goes beyond what is necessary to establish its nature, characteristics and functioning.
18.12.
The absence of an original packaging alone does not result in the loss of the right of withdrawal.
18.13.
Upon valid withdrawal, the merchant shall refund all amounts received, including the price of the cheapest standard delivery without undue delay and no later than 14 calendar days after notification.
18.14.
When the Consumer has chosen a more expensive way of delivery than the cheapest standard delivery, the difference does not refund.
18.15.
In the case of physical goods, the merchant may retain the refund until the goods are received or provide proof of its dispatch, whichever occurs earlier.
18.16.
The refund shall be made with the same means of payment unless the Consumer expressly agrees with another free way for it.
18.17.
In the event of a service or digital service being initiated at the explicit request of the Consumer, it may owe a proportionate amount for the amount actually granted until the date of the withdrawal.
18.18.
In the case of digital content without a material medium, the right of withdrawal may be lost after the start of the grant only where all the legal conditions for:
1) explicit prior consent;
2) confirmation that the Consumer understands the loss of the right;
3) provide confirmation on a durable medium.
18.19.
The right of withdrawal a paid service shall be lost after its full execution only when the execution has started with the explicit prior consent and confirmation required.
18.20.
The right of withdrawal shall not apply in cases expressly provided for by law, including for goods made to the Consumer's contract or in accordance with its individual requirements, as well as in other applicable legal exceptions.
18.21.
A simple printed book is not excluded from the right of withdrawal only because it is unpacked and reviewed.
18.22.
The detailed conditions are published on the “Right of withdrawal”, “Withdrawal form” and “Returns” pages.
19. Partial withdrawal and mixed orders
19.1.
The consumer may refuse only for a separate item from the order where it can be separated from the other items.
19.2.
In case of partial withdrawal, the price of the returned or terminated position shall be restored.
19.3.
The initial delivery cost shall be refunded only to the amount by which it would be lower if the refused item was not included in the order.
19.4.
Upon refusal of the entire order, the price of the cheapest standard delivery is restored.
19.5.
When the withdrawal of a basic product makes a bonus not applicable, the access bonus may be terminated.
19.6.
Where package products have clearly indicated individual prices, the refund shall be calculated according to the price of the refused item.
19.7.
Where the package has a single indivisible price, the consequences of partial withdrawal shall be determined according to the specific offer and applicable legislation, without limiting the mandatory rights of the Consumer.
20. Conformity and complaints
20.1.
The merchant shall be responsible for the compliance of the physical goods, digital content, digital services and other services provided with the contract.
20.2.
The physical commodity must correspond to the description, type, quantity, quality, agreed characteristics and reasonable expectations created by the offer.
20.3.
The merchant shall be responsible for the non-compliance of the physical commodity that exists on delivery and occurs within the legal period of up to two years from delivery.
20.4.
In case of non-compliance with physical commodity, the Consumer may request compliance by repair or replacement, where applicable and possible.
20.5.
Where compliance is impossible, it is not within the legal period, non-compliance occurs again or is serious enough, the Consumer may have the right to a proportionate price reduction or termination of the contract.
20.6.
Digital content and digital service shall comply with:
1) the description;
2) quantity and quality;
3) agreed functionality;
4) compatibility;
5) interoperability;
6) accessibility;
7) continuity;
8) security;
9) the instructions provided;
10) agreed updates;
11) the reasonable expectations created by the public tender.
20.7.
In the case of a single digital content or digital service provided, the merchant shall be responsible for non-compliance which occurs within the applicable legal period.
20.8.
In the case of continuous provision of digital service, the merchant shall be responsible for compliance throughout the agreed period.
20.9.
In the event of failure to provide, the Client may request the provision without undue delay.
20.10.
Where the digital content or digital service is not provided after a request has been made or within an additional agreed period, the Consumer may cancel the contract in the cases provided for by law.
20.11.
In case of non-compliance with digital content or digital service, the Consumer may request:
1) free alignment;
2) proportionate price reduction;
3) breach of the contract under the legal conditions.
20.12.
The compliance shall be carried out within reasonable time, free of charge and without significant inconvenience for the Consumer.
20.13.
Where necessary, the client shall provide reasonable assistance by means of a method which implies as little interference as possible in its digital environment and personal sphere.
20.14.
A complaint can be submitted:
1) through the electronic form of the Platform;
2) by e-mail;
3) at the address of the merchant;
4) on another announced channel.
20.15.
A complaint is registered and the Client receives confirmation containing a date and unique number.
20.16.
For examination of the claim, the following may be requested:
1) order number;
2) description of the problem;
3) photos or files;
4) technical information;
5) contact details;
6) other information objectively necessary for the verification.
20.17.
The absence of an original paper payment document shall not automatically result in a withdrawal where the purchase can be established by electronic order, invoice, bank statement or other reliable information.
20.18.
The costs of bringing a non-compliant product or service into conformity shall be borne by the merchant.
20.19.
The detailed terms are published on the "Adverts" page.
21. Intellectual Property and License Granted
21.1.
All rights to the content and functionality of the Platform, including texts, books, electronic books, videos, audio materials, presentations, photos, graphics, documents, templates, control lists, methodologies, tests, software, databases, design, logos and commercial indications, belong to the Merchant or are used by him legally.
21.2.
Purchase of a product, service, subscription or training does not transfer copyrights or other intellectual property rights.
21.3.
Unless otherwise specified in the specific offer, the Client shall receive a limited, non-exclusivity and non-transferable right of use for personal or internal organizational needs.
21.4.
An individual licence shall only be used by the person for which it was purchased.
21.5.
Corporate license is used only by authorised users and within the purchased number of licenses.
21.6.
Without prior written authorisation, no:
1) resale;
2) public dissemination;
3) providing access to unauthorised persons;
4) publication of materials on the Internet;
5) systematically copying or downloading;
6) hiring or sublicensing;
7) removing rights markings;
8) circumvention of technical restrictions;
9) use of content to create a competitive product or service;
10) use of automated means of extracting protected content, except where permitted by law or by the Merchant.
21.7.
Where a template, form or material is intended to be completed or internally used, the Client may use it within the scope of the licence granted.
21.8.
Legally permissible exceptions and restrictions of copyright are not affected.
22. Content and data provided by the client
22.1.
When the Client enters, uploads or creates content in the Platform, including photos, documents, audits, reports, comments, tasks or other data, it retains its rights to this content.
22.2.
The customer shall grant the merchant a limited right to store, process, reproduce technically and display the content only to the extent necessary for the provision, protection, maintenance and development of the service concerned.
22.3.
The customer declares that:
1) has the right to provide the content;
(2) the content does not infringe third party rights;
3) the content is not illegal;
4) the inclusion of personal data has an applicable legal basis;
5) will not upload harmful code or content that threatens the Platform.
22.4.
The merchant does not use customer content for public marketing purposes without an appropriate legal basis.
22.5.
Upon termination of a consumer contract, the Client may request the provision of the content created by him, which does not constitute personal data, where and to the extent required by the law.
22.6.
Where the law requires provision, the content shall be provided free of charge, within a reasonable period and in a widely used machine-reading format.
22.7.
The merchant may not provide content where it:
1) there is no application outside the context of the digital service;
2) refers only to the activity of the Client in the service;
3) is summarised with other data and cannot be separated without disproportionate efforts;
4) was created jointly with others and they continue to use it.
22.8.
Upon termination, the merchant may disable access without preventing the applicable right to obtain customer content.
23. Rules for permissible use
23.1.
The client uses the Platform legally, in good faith and according to its purpose.
23.2.
Not applicable:
1) unauthorized access to a foreign account;
2) sharing of an individual profile;
3) circumvention of access restrictions;
4) extracting content by automated means in violation of the licence granted;
5) spreading malware;
6) overload or intentional disruption of system operation;
7) attempt to obtain an exit code where this is not permitted by law;
8) use for fraud or deception;
9) publication of illegal, offensive, threatening or discriminatory content;
10) infringement of foreign copyrights, trademarks, personal data or other rights;
11) use of the Platform to send unwanted commercial messages;
12) representation for another person or organisation.
23.3.
A signal of alleged illegal content or violation can be sent to office@lean.bg.
23.4.
The signal should contain sufficient information to identify the content, cause of the signal and feedback data.
24. Limitation, suspension and termination of access
24.1.
The merchant may temporarily restrict access to:
1) reasonable suspicion of unauthorised access;
2) immediate security risk;
3) attempted fraud;
4) abuse of payment method;
5) material breach of these Terms and Conditions;
6) legal or administrative obligation;
7) necessary emergency technical intervention.
24.2.
Where there is no immediate risk, the merchant shall notify the Client of the detected infringement and provide him with a reasonable period of time for its termination.
24.3.
A definitive termination of paid access shall only take place where:
1) the infringement is essential;
2) a repeated infringement has not been stopped after a warning;
3) the infringement cannot be resolved;
4) immediate termination is necessary to protect security, other persons or to fulfil a legal obligation.
24.4.
The measure taken must be proportionate to the infringement.
24.5.
The client may present an objection and information on the case through the e-mail of contact.
24.6.
Where paid access has been unlawfully terminated or for the reason for which the Client is not responsible, it shall be entitled to reimbursement for the unused prepaid period or other remedies provided by the law.
24.7.
The restriction of access shall be without prejudice to the right of the Client to receive accounting documents, to file a claim, to exercise the right of withdrawal or to defend another legal right.
25. Accessibility, maintenance and security
25.1.
The merchant takes professional care to maintain normal, reliable and secure work on the Platform.
25.2.
The merchant shall not ensure absolutely continuous work when the interruption is due to necessary maintenance, update, external infrastructure or circumstance beyond its reasonable control.
25.3.
The previous provision does not exempt the merchant from liability for not providing or non-compliance with a paid digital service.
25.4.
A technical problem can be communicated via e-mail for contact and the Client indicates:
1) the profile or order;
2) the device used;
3) the browser or operating system;
4) description of the problem;
5) date and approximate time;
6) a picture of the screen, where applicable.
25.5.
The merchant may take backup, monitoring, limiting malicious traffic and other appropriate technical and organisational measures.
25.6.
No information system can be protected against all possible risks. This circumstance does not limit the merchant's obligation to apply appropriate security measures.
26. Third party services and content
26.1.
The platform may use or contain links to payment operators, courier services, video conference systems, external learning tools and other providers.
26.2.
Where the Client uses an external service, the terms of the supplier concerned may also apply.
26.3.
The merchant shall not be responsible for any independent services of third parties that are not part of the contract with the Client.
26.4.
Where an external service is necessary for the performance of the contract, the merchant shall remain responsible to the Consumer within the scope provided for by the applicable legislation.
26.5.
The reference to an external internet resource shall not constitute a guarantee or approval of all its content.
27. Liability
27.1.
Nothing in these Terms and Conditions excludes or restricts liability which cannot be excluded or restricted by law.
27.2.
No contractual restriction shall apply to Users which reduces:
1) the rights to fail to grant;
(2) the rights to non-compliance;
3) the right of withdrawal;
4) the right to reimbursement;
5) responsibility for intent or gross negligence;
6) responsibility for damage to life or health;
7) other mandatory consumer rights.
27.3.
The merchant does not guarantee the achievement of a specific financial, production, professional, management, educational or organizational result of the use of books, trainings, methodologies, templates, consultations or Platform.
27.4.
The client is responsible for his own management, professional and business decisions.
27.5.
The merchant shall not be liable for any damage caused solely by:
1) incorrect data provided by the Client;
2) use in violation of instructions;
3) unprotected access data from the Client;
4) incompatible digital environment where technical requirements have been clearly communicated;
5) illegal activities of the Client;
6) changes made by the Client or by an unauthorized third party.
27.6.
With regard to business customers, as far as the law allows, the merchant is responsible only for direct and foreseeable damage which is the immediate consequence of a guilty failure.
27.7.
With regard to business customers, as far as the law allows, the total liability under a specific contract is limited to the higher of the following values:
1) the price paid for the product or service concerned;
(2) the amounts paid for the digital service concerned in the last 12 months.
27.8.
The restriction referred to in the preceding paragraph shall not apply to intentional, gross negligence, damage to life or health, breach of confidentiality or in other cases where the restriction is inadmissible.
27.9.
The merchant shall not be responsible for indirect business losses of a business client, including loss of profit, loss of opportunity or loss of expected savings, unless the injury is intentionally or such a restriction is unacceptable.
28. Force majeure
28.1.
A Party shall not be responsible for delayed or impossible execution caused by an unpredictable and non-preventable event beyond its reasonable control.
28.2.
Such events may include natural disasters, fire, war, public disorder, nationwide strike, disruption of basic infrastructure, act of state authority, large-scale cyber attack or other comparable circumstance.
28.3.
The Party concerned shall notify the other Party without undue delay and shall make reasonable efforts to mitigate the consequences.
28.4.
Where execution becomes permanent impossible or delay deprives the Client of the essential purpose of the contract, the termination and refund rights shall apply.
29. Personal data and cookies
29.1.
The merchant processes personal data pursuant to Regulation (EU) 2016/679, the Personal Data Protection Act and the Privacy Policy.
29.2.
Personal data may be processed for:
1) registration and management of profiles;
2) execution of orders;
3) delivery;
4) payment;
5) invoicing;
6) providing access;
7) conducting trainings;
8) technical support;
9) prevention of fraud;
10) security protection;
11) the fulfilment of legal obligations;
12) establishment, exercise or defence of legal claims.
29.3.
In case of bank transfer, the name of the holder, IBAN, size, date, basis and status of payment may be processed.
29.4.
Data on recording, participation, progress, tests, assignments and certificates may be processed in training.
29.5.
The transaction messages relating to a contract, payment, delivery, security or agreed access do not constitute marketing messages.
29.6.
Marketing communications shall be sent on the basis of the applicable legal basis and the consent granted may be withdrawn at any time.
29.7.
The use of optional cookies and similar technologies is governed by the Cookies Policy and by the choice made through the consent management mechanism.
30. Electronic messages
30.1.
The client agrees to send the contractual and service messages to the e-mail address specified by him.
30.2.
The customer is obliged to keep his e-mail address up-to-date and check the folders for unwanted mail.
30.3.
Messages may include:
1) confirmation of order;
2) payment status;
3) delivery information;
4) activation of access;
5) a security warning;
6) change of digital service;
7) imminent leakage;
8) response on claim;
9) confirmation of withdrawal;
10) other contractual information required.
30.4.
Where the law requires information to be on a durable medium, it shall be sent in the content of the electronic message, such as a file or otherwise, which allows unchanged storage and reproduction.
31. Term and termination
31.1.
The single contract shall end after the full fulfilment of the obligations of the Parties.
31.2.
Short-term access shall end at the end of the purchased period unless a separate extension or subscription contract has been concluded.
31.3.
An unlimited or periodically renewed contract may be terminated in the manner and with the time limit specified prior to the contract.
31.4.
The termination of periodic renewal shall suspend future payments and take effect from the end of the current pre-payment period, unless the law or the specific tender confers a more favourable right.
31.5.
The termination shall not delete an obligation for an amount due before the termination date.
31.6.
Upon termination of a digital service, the merchant may disable access after the termination date occurs.
31.7.
Where termination is due to non-compliance or non-compliance of the merchant, the Consumer shall be entitled to the applicable refund for the unused or non-compliant period.
31.8.
Before termination, the Client should download the data for which the Platform provides a standard export function.
31.9.
The rights of the Consumer to obtain content created by him, which does not represent personal data, shall be retained regardless of disabling the profile.
32. Changes to these Terms and Conditions
32.1.
The merchant may amend the Terms and Conditions under:
1) change of legislation;
2) change of the products or services offered;
3) introducing new methods of payment;
4) development of the Platform;
5) security requirement;
6) the need to remove ambiguity or error;
7) another objectively justified reason.
32.2.
The new version shall apply to orders made after the date of its entry into force.
32.3.
The change is without prejudice to single contracts already concluded and rights acquired.
32.4.
In the case of a continuing digital service, a change shall only be made under the conditions laid down in these Terms and Conditions and applicable legislation.
32.5.
Essential changes affecting current paid access shall be communicated on a durable medium in advance within a reasonable period.
32.6.
Where the change has more than a minor negative impact, the Consumer shall receive the applicable right of free termination.
32.7.
Continuing the use of free public functionality may mean that the Client is familiar with the current rules for this functionality, but does not in itself constitute consent for a new payment or for a substantial change of a previously paid contract.
32.8.
Previous versions shall be archived for the purpose of establishing the conditions applicable to a specific contract.
33. Complaints and alternative dispute resolution
33.1.
The client may submit a complaint to:
LEAN BULGARIA OOD
Email: office@lean.bg
Telephone: +359 896 060 911
Address: Sofia, 55 Kiril Popov Str., A, floor 1, ap. 4, Republic of Bulgaria
33.2.
The complaint should contain sufficient information to identify the Client, the order and the problem.
33.3.
The merchant shall examine the complaints in good faith and shall respond within a reasonable time, in accordance with the nature and complexity of the case.
33.4.
The consumer may submit a complaint or an alert to the Commission for consumer protection through the Commission's official channels.
33.5.
The consumer may request consideration of a dispute by a competent common or sectoral conciliation committee included in the official list of alternative dispute resolution bodies.
33.6.
Participation in conciliation proceedings shall not restrict the right of the parties to seek judicial protection.
33.7.
The European platform for online dispute resolution has been terminated and is not used as a channel for filing new consumer complaints.
34. Applicable law and competent court
34.1.
The law of the Republic of Bulgaria shall apply to these Terms and Conditions and Treaties concluded through the Platform.
34.2.
The choice of Bulgarian law does not deprive a consumer who normally resides in another country of the protection of mandatory regulations that would be applicable in the absence of this choice.
34.3.
The Parties shall make reasonable efforts to resolve a dispute which has arisen voluntarily.
34.4.
Where no agreement is reached, the dispute shall be dealt with by the competent court designated under the applicable legislation.
34.5.
The current Terms and Conditions do not introduce an exclusive conviction which restricts the legal right of the Consumer to bring an action before another competent court.
35. Final provisions
35.1.
If a separate provision is declared invalid, not applicable or minor, it shall not affect the functioning of the other provisions.
35.2.
The invalid provision shall be replaced by the applicable legal provision or interpreted in a manner which is closest to the permissible objective.
35.3.
Non-exercise law by the Merchant or Client does not constitute a waiver of that right.
35.4.
The merchant may transfer a contract to a successor in the event of conversion or transfer of an activity where this does not reduce the rights of the Consumer and is duly informed.
35.5.
A customer may not transfer paid individual access to a third party without written permission unless the law or the specific offer allows it.
35.6.
The titles of the sections shall be for an organisational purpose and shall not restrict the content of the provisions.
35.7.
The current Terms and Conditions shall enter into force from the date specified in the field.
35.8.
For the specific contract, the version accepted and provided to the Client at the conclusion of the contract shall apply.