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: admin@leanchampionscommunity.com
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 created and supplied in digital form, including eBooks, recorded video lessons, audio materials, presentations, templates, files, tests, manuals, documents, images and other materials supplied without a tangible medium.
2.8. Digital service
‘Digital service’ means a service enabling the Customer to create, process, store, use or share data in digital form, or interact with such data, including paid access to Lean Champions Platform, software modules, 5S functions, online libraries, reports, communities, learning environments and other online tools.
2.9. Service
‘Service’ means an activity performed by the Merchant for payment or as part of a package, including live training, consultancy, a seminar, webinar, event, analysis or another professional service.
2.10. Training
‘Training’ means a recorded or live course, programme, seminar, webinar, workshop, in-person session or another organised form of sharing knowledge and practical skills.
2.11. Subscription or access plan
‘Subscription’ or ‘Access plan’ means a right to access specified digital content, a digital service or functionality for a specified period or in return for recurring payments, where expressly stated in the particular 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 Customer by which he declares his desire to buy the products or services listed in the basket under the conditions shown.
2.14. User account
‘User account’ means an individual or organisational registration through which the Customer accesses purchased products, services, content or functionality.
2.15. Durable medium
“Durable medium” means a means that enables the Customer to store information addressed personally to them in a way that provides access to it for a period appropriate to its purpose and allows its unchanged reproduction, including email or a PDF file.
2.16. Working day
‘Working day’ means a day other than Saturday, Sunday or a public holiday in the Republic of Bulgaria.
3. Scope and related documents
3.1.
These Terms and Conditions apply to all Customers unless a separate written contract has been concluded for a particular product, service, corporate plan or individual offer.
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 Privacy Policy provides information about personal data processing. It does not constitute contractual consent to processing 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 Customer 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 provision applies only to Consumers or only to Business customers, this is expressly stated.
4. Customer requirements and authority to act on behalf of others
4.1.
An order may be placed by an adult natural person with legal capacity.
4.2.
A minor may use the Platform and make a purchase only with the consent and under the responsibility of their parent or legal guardian, where permitted by law.
4.3.
A person placing an order on behalf of a legal person or another organisation declares that they have the necessary authority to act on its behalf.
4.4.
Where reasonable doubt arises as to the identity, age or representative authority of the Customer, 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) in-person 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 basket item is classified according to its actual nature as physical goods, digital content, a digital service, a service or a combination of these.
5.3.
For a mixed order, the rules on delivery, activation, withdrawal, returns, claims and refunds apply separately to each item according to its type.
5.4.
A single payment transaction for a mixed order does not change the legal nature of the individual items purchased.
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 described as a test, demonstration or ‘Beta’ version, its known limitations are described in the offer. Such a description does not exclude the Consumer’s mandatory rights if a paid product or service is not supplied or does not conform to the contract.
6. Pre-contract information
6.1.
Before the Customer 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 what is 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 method and time limit for delivery, supply, activation or performance;
9) the duration of the contract or access;
10) the number of included users or licences;
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) statutory liability for conformity;
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 training;
25) whether a recording, training materials, a test or a certificate is provided;
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 Customer is obliged to provide correct, complete and up-to-date information.
7.4.
The customer is responsible for protecting his or her access data and must not provide them to unauthorised persons.
7.5.
The Customer must notify the Merchant without undue delay of any identified or suspected unauthorised use of their account.
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 Customer may grant access only within the purchased number of licences and to individuals belonging to the relevant organisation or another expressly defined group.
7.8.
Where an account is managed by an administrator designated by the organisation, that administrator may create, deactivate and manage users within the permissions granted.
7.9.
The Merchant is not liable for actions carried out through an account as a result of access credentials being provided to a third party, except where unauthorised access results from the Merchant’s breach of an obligation.
7.10.
The Consumer may request closure of their account. Closure does not automatically delete data that the Merchant must retain by law or needs to establish, exercise or defend legal claims.
8. Technical steps for ordering
8.1.
An order is placed by completing the following steps in sequence:
1) choice of product or service;
2) adding to the basket;
3) review of the selected items, 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) submitting the order using the ‘Order with an obligation to pay’ button.
8.2.
Before submitting the order, the Customer can return to previous steps and change or delete entered information and selected items.
8.3.
At the latest, at the start of the ordering process, the Platform shows:
1) the available means of payment;
2) the applicable delivery restrictions;
3) the countries or territories to which delivery takes place.
8.4.
The following information is displayed clearly and visibly immediately before the final button:
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 must not be added through pre-selected 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. Where a translation into another language is provided, the Bulgarian version prevails in the event of a discrepancy, except where mandatory law 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 acknowledgement of receipt does not constitute acceptance of the order unless it expressly states that the order has been accepted and the contract concluded.
9.3.
The contract between the Customer and the Merchant is deemed to be concluded when the Merchant sends the Customer 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 authorisation or processing of a card payment does not itself constitute acceptance of the order if the Customer has not received express confirmation of acceptance.
9.6.
For a bank transfer, sending bank instructions and displaying the ‘Awaiting payment’ status do not confirm that fulfilment has begun.
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) the items purchased;
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-contractual information.
9.8.
Confirmation is sent by email as text, a file or another copy that cannot subsequently be replaced. A link alone to a website whose content may later change does not fulfil 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 email address specified by the Customer.
9.10.
The Merchant retains information about the concluded contract, the order number, the accepted version of the Terms and Conditions and the consents given, in accordance with statutory retention periods and the Privacy Policy.
9.11.
The Customer may request a copy of the contractual information using the contact email address.
9.12.
If an order cannot be fulfilled because of unavailable stock, a technical error, a legal prohibition, established fraud or another objective reason, the Merchant notifies the Customer without undue delay.
9.13.
Where payment has been received for an order that has not been accepted or cannot be fulfilled, the amount is refunded without undue delay using the original payment method.
9.14.
A mixed order is fulfilled in part only if the Customer has been informed and retains the choice to accept partial fulfilment or terminate the relevant part of the contract.
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.
An equivalent shown in another currency is for information only, unless expressly identified as a payment currency.
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 Customer.
10.7.
For a subscription, the following are specified:
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 price change does not affect an order already accepted or a contract prepaid for a specified period.
10.10.
If an obvious technical or typographical pricing error is identified before acceptance of the order, the Merchant notifies the Customer and is not 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 card number, security code or other complete card authentication data.
11.4.
The order shall be processed after receipt and verification of a valid successful payment confirmation.
11.5.
If payment is declined, interrupted or unsuccessful, the order may remain unpaid and unfulfilled.
11.6.
If a duplicate payment is identified, the excess amount is refunded without undue delay after the necessary checks.
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.
For a mixed order, cash on delivery may be restricted where the digital element cannot be activated before payment is confirmed.
11.10.
Where physical goods include a free digital bonus, the bonus may be activated after confirmation that the consignment has been received and paid for.
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 Customer receives:
1) name of the recipient;
2) IBAN;
3) BIC where necessary;
4) name of the bank;
5) currency of payment;
6) the order number to include as the payment reference;
7) a period for making the payment.
11.13.
Unless the confirmation specifies another deadline, the full amount must reach the Merchant’s bank account within 3 working days of creation of the order.
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 payment has been received and identified, the order remains ‘Awaiting payment’ and is not dispatched, activated or fulfilled.
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.
If payment is not received within the specified time limit, the order may be cancelled automatically without a penalty for the Customer.
11.18.
If payment arrives after the order has been cancelled and the order cannot be reinstated, the amount is returned without undue delay.
11.19.
The Merchant charges no separate bank transfer fee. Bank fees charged to the payer are borne by the payer, and the full order amount must reach the Merchant’s account.
11.20.
A refund is made using the original payment method unless the Customer expressly agrees to another method that entails no cost to them.
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 request an invoice and provide accurate invoicing details before completing the order.
12.2.
A Customer that is a legal person must provide at least its name, UIC, VAT identification number where applicable, address and recipient’s 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. Delivery of physical goods
13.1.
Physical goods are delivered to the countries, localities, addresses, courier offices or parcel lockers available for selection 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) receipt and identification of 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 a different date or deadline is stated for a particular product, including a pre-order, a temporarily unavailable product, personalised goods or a product to be manufactured, the deadline shown before the order is submitted and confirmed on a durable medium applies.
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.
When the consignment is handed to the carrier, the Customer receives a tracking number or other available delivery information.
13.11.
The customer is obliged to provide accurate data on the recipient and the delivery.
13.12.
The Customer should notify the Merchant immediately of any change to their details before dispatch. The Merchant cannot guarantee that changes can be made once the consignment has been handed to a courier.
13.13.
The risk of accidental destruction of or damage to the goods passes to the Consumer when the Consumer or a third party designated by them, other than the carrier, receives the goods.
13.14.
Where the Customer has independently engaged a carrier not offered by the Merchant, risk passes when the goods are handed to that carrier, in accordance with applicable law.
13.15.
The Customer is advised to inspect the outer packaging on receipt and request a courier’s damage report if damage is visible.
13.16.
The absence of a courier’s damage report does not remove the Consumer’s mandatory rights, but may make it harder to establish when and why the damage occurred.
13.17.
In case of delay, the Merchant shall notify the Customer 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 because of incorrect details, failure to attend or failure to collect it, the Merchant may cancel the order.
13.20.
A further dispatch may be arranged after confirmation by the Customer and payment of the actual new transport costs, where permitted.
13.21.
No automatic penalty fee is charged for an uncollected consignment.
14. Provision of digital content
14.1.
Digital content is supplied in the manner and within the time limit stated in the particular offer.
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) email;
5) learning environment;
6) another explicitly described way.
14.4.
The obligation to supply is fulfilled when the digital content, or a suitable means of accessing it, becomes available to the Customer or to a digital facility selected by them.
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 that the supply may begin immediately;
2) confirm that they understand that, when the supply begins, they lose their right of withdrawal in respect of the relevant digital content.
14.7.
The consent and acknowledgement are recorded against the order and confirmed to the Consumer on a durable medium.
14.8.
If the Consumer does not give the necessary consent to immediate supply, the Merchant may begin supply after the 14-day withdrawal period has expired.
14.9.
The right of withdrawal is not considered lost unless all requirements of applicable law concerning prior consent, the Consumer’s acknowledgement and provision of confirmation on a durable medium have been 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 support;
7) the presence or absence of automatic renewal.
15.6.
A fixed-term plan ends when the purchased period expires and does not result in a further payment unless the Customer has separately and expressly selected a subscription with recurring renewal.
15.7.
Saving a payment method, a lack of response from the Customer or continued use of the Platform does not, by itself, constitute consent to a new paid renewal.
15.8.
For a subscription with recurring payments, the following are shown before the order is placed:
1) the amount of the periodic payment;
2) the billing 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 provides the necessary updates, including security updates, to the extent needed to maintain the digital service’s conformity.
15.12.
The Customer should install or apply supplied updates within a reasonable time after receiving clear instructions and a warning about the consequences of failing to do so.
15.13.
The Merchant may modify the digital service beyond what is necessary to maintain conformity only for a valid 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 performance or accessibility;
8) adding or improving functionality.
15.14.
A change under the preceding provision:
1) does not entail an additional charge for 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 may be necessary for security, updates 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 training, a webinar, consultancy or an in-person session is a service;
4) a combined program may contain more than one of these elements.
16.2.
For each training course, the following are specified before the order is placed:
1) name;
(2) description and educational objectives;
3) content;
4) recorded or conducted live format;
5) whether it is online or in person;
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) whether a recording is provided;
17) period of access to the recording;
18) price;
19) conditions for withdrawal, cancellation and change.
16.3.
Registration for paid training is confirmed no later than 1 working day after acceptance of the order and successful payment, unless the particular offer specifies a different period.
16.4.
Instructions for joining online training are emailed to the participant or provided in their account.
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 Customer shall have the right to choose between:
1) participation on a new date;
2) participation in equivalent 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 Customer 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.
After the statutory right of withdrawal has expired or has lawfully been lost, the following voluntary commercial cancellation policy applies to cancellation by the participant, unless the particular offer provides more favourable terms:
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 Customer 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 above does not restrict the Consumer’s right of withdrawal, rights in the event of non-performance or non-conformity, or other mandatory rights.
16.13.
Where a certificate is issued, the offer states whether it certifies:
1) participation;
2) successful completion;
3) test result;
4) acquiring specific internal competence.
16.14.
Unless expressly stated otherwise, a certificate is not a state-recognised educational degree, professional qualification or authorisation to practise 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, the following are specified:
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 become a paid subscription unless the Customer has expressly ordered such renewal in advance and received clear information about the price and payment frequency.
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) bonus access may be terminated following valid withdrawal from the purchase of the physical goods;
4) Access shall end at the end of the announced period.
18. Consumer’s right of withdrawal
18.1.
The right of withdrawal is available to natural persons acting as Consumers.
18.2.
A business customer 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 may withdraw from a distance contract within 14 calendar days without giving a reason and without owing compensation or a penalty.
18.4.
The period starts:
1) for physical goods, from receipt by the Consumer or by 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 admin@leanchampionscommunity.com;
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.
Following withdrawal from a purchase of physical goods, the Consumer must send or hand back the goods without undue delay and no later than 14 calendar days after notifying 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.
If the Consumer chose a more expensive delivery method than the least expensive standard delivery, the difference is not refunded.
18.15.
For physical goods, the Merchant may withhold the refund until the goods have been received or evidence of dispatch has been provided, whichever happens first.
18.16.
The refund is made using the same payment method unless the Consumer expressly agrees to another method that entails no cost to them.
18.17.
If a service or digital service began at the Consumer’s express request, the Consumer may owe a proportionate amount for what was actually supplied up to withdrawal.
18.18.
For digital content not supplied on a tangible medium, the right of withdrawal may be lost after the supply begins only if all statutory conditions concerning the following are met simultaneously:
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 from a paid service is lost after full performance only if performance began with the required express prior consent and acknowledgement.
18.20.
The right of withdrawal does not apply in cases expressly provided for by law, including goods made to the Consumer’s order or according to their individual requirements, as well as other applicable statutory exceptions.
18.21.
An ordinary printed book is not excluded from the right of withdrawal merely because it has been unpacked and inspected.
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 withdraw in relation to an individual order item where that item can be separated from the others.
19.2.
For partial withdrawal, the price of the returned item or terminated service is refunded.
19.3.
The original delivery cost is refunded only to the extent that it would have been lower if the withdrawn item had not been included in the order.
19.4.
If the entire order is withdrawn, the price of the least expensive standard delivery is refunded.
19.5.
If withdrawal from the main product makes a bonus inapplicable, bonus access 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 claims
20.1.
The Merchant is responsible for ensuring that the physical goods, digital content, digital services and other services supplied conform to 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 is liable for any lack of conformity of physical goods that exists at delivery and becomes apparent within the statutory period of up to two years from delivery.
20.4.
If physical goods do not conform to the contract, the Consumer may request that they be brought into conformity by repair or replacement, where applicable and possible.
20.5.
Where bringing the goods into conformity is impossible, is not completed within the statutory period, the lack of conformity recurs or is sufficiently serious, the Consumer may be entitled 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 offer.
20.7.
For a single supply of digital content or a digital service, the Merchant is liable for a lack of conformity that becomes apparent within the applicable statutory period.
20.8.
For a continuously supplied digital service, the Merchant is responsible for conformity throughout the agreed period.
20.9.
In the event of non-supply, the Customer may request supply 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.
If digital content or a digital service is not in conformity, the Consumer may request:
1) being brought into conformity free of charge;
2) proportionate price reduction;
3) termination of the contract where the statutory conditions are met.
20.12.
The product or service must be brought into conformity within a reasonable time, free of charge and without significant inconvenience to the Consumer.
20.13.
Where necessary to establish the technical cause, the Customer provides reasonable assistance using the method that interferes least with their digital environment and privacy.
20.14.
A claim may be submitted:
1) through the electronic form of the Platform;
2) by email;
3) at the address of the Merchant;
4) on another announced channel.
20.15.
The claim is registered and the Customer receives confirmation containing a date and unique reference 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 the original paper payment document does not automatically justify rejecting a claim if the purchase can be established through the electronic order, an invoice, a bank statement or other reliable information.
20.18.
The Merchant bears the costs of bringing a non-conforming product or service into conformity.
20.19.
The detailed terms are published on the “Complaints” page.
21. Intellectual property and licence granted
21.1.
All rights in the Platform’s content and functionality, including texts, books, eBooks, videos, audio materials, presentations, photographs, graphics, documents, templates, checklists, methodologies, tests, software, databases, design, logos and trade marks, belong to the Merchant or are used lawfully by it.
21.2.
Purchase of a product, service, subscription or training does not transfer copyrights or other intellectual property rights.
21.3.
Unless the particular offer states otherwise, the Customer receives a limited, non-exclusive and non-transferable right of use for personal or internal organisational purposes.
21.4.
An individual licence shall only be used by the person for which it was purchased.
21.5.
A corporate licence may be used only by authorised users and within the purchased number of licences.
21.6.
Without prior written permission, the following are prohibited:
1) resale;
2) public dissemination;
3) providing access to unauthorised persons;
4) publication of materials on the Internet;
5) systematically copying or downloading;
6) rental 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 Customer 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 customer
22.1.
When the Customer enters, uploads or creates content in the Platform, including photographs, documents, audits, reports, comments, tasks or other data, they retain their rights to that content.
22.2.
The Customer grants the Merchant a limited right to store, process, make technical copies of and display the content only to the extent necessary to provide, protect, maintain and develop the relevant service.
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 Customer 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 required by law, the content is provided free of charge, within a reasonable time and in a commonly used machine-readable format.
22.7.
The Merchant may decline to provide content where it:
1) has no use outside the context of the digital service;
2) refers only to the activity of the Customer in the service;
3) is aggregated with other data and cannot be separated without disproportionate effort;
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 customer uses the Platform legally, in good faith and according to its purpose.
23.2.
The following are not permitted:
1) unauthorised access to another person’s 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) attempting to obtain source 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 another party’s copyright, trade marks, personal data or other rights;
11) use of the Platform to send unwanted commercial messages;
12) impersonating another person or organisation.
23.3.
A signal of alleged illegal content or violation can be sent to admin@leanchampionscommunity.com.
23.4.
A report should contain enough information to identify the content, the reason for reporting it and contact details for a response.
24. Limitation, suspension and termination of access
24.1.
The Merchant may temporarily restrict access in the event of:
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 informs the Customer of the identified breach and allows a reasonable time for it to be remedied.
24.3.
A definitive termination of paid access shall only take place where:
1) the breach is material;
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 Customer may submit an objection and information about the case using the contact email address.
24.6.
Where paid access is terminated unlawfully or for a reason for which the Customer is not responsible, the Customer is entitled to a refund for the unused prepaid period or other remedies provided by law.
24.7.
The restriction of access shall be without prejudice to the right of the Customer 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 exercises professional care to maintain the normal, reliable and secure operation of the Platform.
25.2.
The Merchant does not guarantee completely uninterrupted operation where interruptions result from necessary maintenance, updates, external infrastructure or circumstances beyond its reasonable control.
25.3.
The preceding provision does not release the Merchant from liability for non-supply or lack of conformity of a paid digital service.
25.4.
A technical problem may be reported using the contact email address, specifying:
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 use backups, monitoring, measures to limit 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 Customer 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 Customer.
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 limitation that reduces the following applies to Consumers:
1) rights in the event of non-supply;
2) rights in the event of non-conformity;
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 any specific financial, production, professional, management, educational or organisational outcome from the use of books, training, methodologies, templates, consultancy or the Platform.
27.4.
The customer 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 Customer;
2) use in violation of instructions;
3) the Customer’s failure to secure their access credentials;
4) incompatible digital environment where technical requirements have been clearly communicated;
5) illegal activities of the Customer;
6) changes made by the Customer or by an unauthorised third party.
27.6.
For Business customers, to the extent permitted by law, the Merchant is liable only for direct and foreseeable loss that is the immediate consequence of a breach for which it is at fault.
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 limitation above does not apply to intent, gross negligence, damage to life or health, breaches of confidentiality or other cases where such a limitation is not permitted.
27.9.
The Merchant is not liable for a Business customer’s indirect business losses, including lost profit, lost opportunities or lost expected savings, unless the loss was caused intentionally or such a limitation is not permitted.
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 performance becomes permanently impossible or a delay deprives the Customer of the essential purpose of the contract, the rights to termination and refund 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.
For bank transfers, the account holder’s name, IBAN, payment amount, date, reference and payment status may be processed.
29.4.
Training may involve processing data on enrolment, participation, progress, tests, assignments and certificates.
29.5.
Transactional messages relating to an order, payment, delivery, security or contractual access are not 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 Customer agrees to receive contractual and service messages at the email address they provide.
30.2.
The Customer must keep their email address up to date and check their spam folders.
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) approaching expiry;
8) response on claim;
9) confirmation of withdrawal;
10) other contractual information required.
30.4.
Where information must be provided on a durable medium, it is sent in the email body, as a file or in another form that allows it to be stored and reproduced unchanged.
31. Term and termination
31.1.
A one-off contract ends when both parties have fulfilled all their obligations.
31.2.
Fixed-term access ends when the purchased period expires unless a separate extension or subscription contract has been concluded.
31.3.
An indefinite or periodically renewed contract may be terminated using the method and notice period specified before the order was placed.
31.4.
Cancelling recurring renewal stops future payments and takes effect at the end of the current prepaid period, unless the law or the particular offer provides 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 results from the Merchant’s non-conformity or non-performance, the Consumer is entitled to the applicable refund for the unused or non-conforming period.
31.8.
Before termination, the Customer 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 for the following reasons:
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 Customer 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 are archived to establish the terms applicable to a particular order.
33. Complaints and alternative dispute resolution
33.1.
The customer may submit a complaint to:
LEAN BULGARIA OOD
Email: admin@leanchampionscommunity.com
Telephone: +359 896 060 911
Address: Sofia, 55 Kiril Popov Street, entrance A, floor 1, apartment 4, Republic of Bulgaria
33.2.
The complaint should contain sufficient information to identify the Customer, 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 report to the Commission for Consumer Protection through the Commission’s official channels.
33.5.
The Consumer may request that a dispute be considered by a competent general or sectoral conciliation committee included in the official list of alternative Consumer 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.
Bulgarian law applies to these Terms and Conditions and to contracts 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 make reasonable efforts to reach a voluntary settlement of any dispute that arises.
34.4.
Where no agreement is reached, the dispute shall be dealt with by the competent court designated under the applicable legislation.
34.5.
These Terms and Conditions do not impose exclusive jurisdiction that restricts the Consumer’s statutory right to bring an action before another competent court.
35. Final provisions
35.1.
If a provision is declared invalid, inapplicable or void, the remaining provisions remain effective.
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.
Failure by the Merchant or Customer to exercise a right does not constitute a waiver of that right.
35.4.
The Merchant may transfer a contract to a legal successor in a reorganisation or transfer of the business, provided this does not reduce the Consumer’s rights and the Consumer 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.
These Terms and Conditions take effect on the date shown in the ‘Effective from’ field.
35.8.
For the particular order, the version accepted and provided to the Customer when the contract was concluded applies.
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: admin@leanchampionscommunity.com
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 created and supplied in digital form, including eBooks, recorded video lessons, audio materials, presentations, templates, files, tests, manuals, documents, images and other materials supplied without a tangible medium.
2.8. Digital service
‘Digital service’ means a service enabling the Customer to create, process, store, use or share data in digital form, or interact with such data, including paid access to Lean Champions Platform, software modules, 5S functions, online libraries, reports, communities, learning environments and other online tools.
2.9. Service
‘Service’ means an activity performed by the Merchant for payment or as part of a package, including live training, consultancy, a seminar, webinar, event, analysis or another professional service.
2.10. Training
‘Training’ means a recorded or live course, programme, seminar, webinar, workshop, in-person session or another organised form of sharing knowledge and practical skills.
2.11. Subscription or access plan
‘Subscription’ or ‘Access plan’ means a right to access specified digital content, a digital service or functionality for a specified period or in return for recurring payments, where expressly stated in the particular 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 Customer by which he declares his desire to buy the products or services listed in the basket under the conditions shown.
2.14. User account
‘User account’ means an individual or organisational registration through which the Customer accesses purchased products, services, content or functionality.
2.15. Durable medium
“Durable medium” means a means that enables the Customer to store information addressed personally to them in a way that provides access to it for a period appropriate to its purpose and allows its unchanged reproduction, including email or a PDF file.
2.16. Working day
‘Working day’ means a day other than Saturday, Sunday or a public holiday in the Republic of Bulgaria.
3. Scope and related documents
3.1.
These Terms and Conditions apply to all Customers unless a separate written contract has been concluded for a particular product, service, corporate plan or individual offer.
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 Privacy Policy provides information about personal data processing. It does not constitute contractual consent to processing 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 Customer 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 provision applies only to Consumers or only to Business customers, this is expressly stated.
4. Customer requirements and authority to act on behalf of others
4.1.
An order may be placed by an adult natural person with legal capacity.
4.2.
A minor may use the Platform and make a purchase only with the consent and under the responsibility of their parent or legal guardian, where permitted by law.
4.3.
A person placing an order on behalf of a legal person or another organisation declares that they have the necessary authority to act on its behalf.
4.4.
Where reasonable doubt arises as to the identity, age or representative authority of the Customer, 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) in-person 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 basket item is classified according to its actual nature as physical goods, digital content, a digital service, a service or a combination of these.
5.3.
For a mixed order, the rules on delivery, activation, withdrawal, returns, claims and refunds apply separately to each item according to its type.
5.4.
A single payment transaction for a mixed order does not change the legal nature of the individual items purchased.
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 described as a test, demonstration or ‘Beta’ version, its known limitations are described in the offer. Such a description does not exclude the Consumer’s mandatory rights if a paid product or service is not supplied or does not conform to the contract.
6. Pre-contract information
6.1.
Before the Customer 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 what is 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 method and time limit for delivery, supply, activation or performance;
9) the duration of the contract or access;
10) the number of included users or licences;
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) statutory liability for conformity;
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 training;
25) whether a recording, training materials, a test or a certificate is provided;
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 Customer is obliged to provide correct, complete and up-to-date information.
7.4.
The customer is responsible for protecting his or her access data and must not provide them to unauthorised persons.
7.5.
The Customer must notify the Merchant without undue delay of any identified or suspected unauthorised use of their account.
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 Customer may grant access only within the purchased number of licences and to individuals belonging to the relevant organisation or another expressly defined group.
7.8.
Where an account is managed by an administrator designated by the organisation, that administrator may create, deactivate and manage users within the permissions granted.
7.9.
The Merchant is not liable for actions carried out through an account as a result of access credentials being provided to a third party, except where unauthorised access results from the Merchant’s breach of an obligation.
7.10.
The Consumer may request closure of their account. Closure does not automatically delete data that the Merchant must retain by law or needs to establish, exercise or defend legal claims.
8. Technical steps for ordering
8.1.
An order is placed by completing the following steps in sequence:
1) choice of product or service;
2) adding to the basket;
3) review of the selected items, 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) submitting the order using the ‘Order with an obligation to pay’ button.
8.2.
Before submitting the order, the Customer can return to previous steps and change or delete entered information and selected items.
8.3.
At the latest, at the start of the ordering process, the Platform shows:
1) the available means of payment;
2) the applicable delivery restrictions;
3) the countries or territories to which delivery takes place.
8.4.
The following information is displayed clearly and visibly immediately before the final button:
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 must not be added through pre-selected 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. Where a translation into another language is provided, the Bulgarian version prevails in the event of a discrepancy, except where mandatory law 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 acknowledgement of receipt does not constitute acceptance of the order unless it expressly states that the order has been accepted and the contract concluded.
9.3.
The contract between the Customer and the Merchant is deemed to be concluded when the Merchant sends the Customer 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 authorisation or processing of a card payment does not itself constitute acceptance of the order if the Customer has not received express confirmation of acceptance.
9.6.
For a bank transfer, sending bank instructions and displaying the ‘Awaiting payment’ status do not confirm that fulfilment has begun.
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) the items purchased;
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-contractual information.
9.8.
Confirmation is sent by email as text, a file or another copy that cannot subsequently be replaced. A link alone to a website whose content may later change does not fulfil 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 email address specified by the Customer.
9.10.
The Merchant retains information about the concluded contract, the order number, the accepted version of the Terms and Conditions and the consents given, in accordance with statutory retention periods and the Privacy Policy.
9.11.
The Customer may request a copy of the contractual information using the contact email address.
9.12.
If an order cannot be fulfilled because of unavailable stock, a technical error, a legal prohibition, established fraud or another objective reason, the Merchant notifies the Customer without undue delay.
9.13.
Where payment has been received for an order that has not been accepted or cannot be fulfilled, the amount is refunded without undue delay using the original payment method.
9.14.
A mixed order is fulfilled in part only if the Customer has been informed and retains the choice to accept partial fulfilment or terminate the relevant part of the contract.
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.
An equivalent shown in another currency is for information only, unless expressly identified as a payment currency.
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 Customer.
10.7.
For a subscription, the following are specified:
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 price change does not affect an order already accepted or a contract prepaid for a specified period.
10.10.
If an obvious technical or typographical pricing error is identified before acceptance of the order, the Merchant notifies the Customer and is not 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 card number, security code or other complete card authentication data.
11.4.
The order shall be processed after receipt and verification of a valid successful payment confirmation.
11.5.
If payment is declined, interrupted or unsuccessful, the order may remain unpaid and unfulfilled.
11.6.
If a duplicate payment is identified, the excess amount is refunded without undue delay after the necessary checks.
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.
For a mixed order, cash on delivery may be restricted where the digital element cannot be activated before payment is confirmed.
11.10.
Where physical goods include a free digital bonus, the bonus may be activated after confirmation that the consignment has been received and paid for.
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 Customer receives:
1) name of the recipient;
2) IBAN;
3) BIC where necessary;
4) name of the bank;
5) currency of payment;
6) the order number to include as the payment reference;
7) a period for making the payment.
11.13.
Unless the confirmation specifies another deadline, the full amount must reach the Merchant’s bank account within 3 working days of creation of the order.
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 payment has been received and identified, the order remains ‘Awaiting payment’ and is not dispatched, activated or fulfilled.
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.
If payment is not received within the specified time limit, the order may be cancelled automatically without a penalty for the Customer.
11.18.
If payment arrives after the order has been cancelled and the order cannot be reinstated, the amount is returned without undue delay.
11.19.
The Merchant charges no separate bank transfer fee. Bank fees charged to the payer are borne by the payer, and the full order amount must reach the Merchant’s account.
11.20.
A refund is made using the original payment method unless the Customer expressly agrees to another method that entails no cost to them.
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 request an invoice and provide accurate invoicing details before completing the order.
12.2.
A Customer that is a legal person must provide at least its name, UIC, VAT identification number where applicable, address and recipient’s 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. Delivery of physical goods
13.1.
Physical goods are delivered to the countries, localities, addresses, courier offices or parcel lockers available for selection 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) receipt and identification of 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 a different date or deadline is stated for a particular product, including a pre-order, a temporarily unavailable product, personalised goods or a product to be manufactured, the deadline shown before the order is submitted and confirmed on a durable medium applies.
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.
When the consignment is handed to the carrier, the Customer receives a tracking number or other available delivery information.
13.11.
The customer is obliged to provide accurate data on the recipient and the delivery.
13.12.
The Customer should notify the Merchant immediately of any change to their details before dispatch. The Merchant cannot guarantee that changes can be made once the consignment has been handed to a courier.
13.13.
The risk of accidental destruction of or damage to the goods passes to the Consumer when the Consumer or a third party designated by them, other than the carrier, receives the goods.
13.14.
Where the Customer has independently engaged a carrier not offered by the Merchant, risk passes when the goods are handed to that carrier, in accordance with applicable law.
13.15.
The Customer is advised to inspect the outer packaging on receipt and request a courier’s damage report if damage is visible.
13.16.
The absence of a courier’s damage report does not remove the Consumer’s mandatory rights, but may make it harder to establish when and why the damage occurred.
13.17.
In case of delay, the Merchant shall notify the Customer 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 because of incorrect details, failure to attend or failure to collect it, the Merchant may cancel the order.
13.20.
A further dispatch may be arranged after confirmation by the Customer and payment of the actual new transport costs, where permitted.
13.21.
No automatic penalty fee is charged for an uncollected consignment.
14. Provision of digital content
14.1.
Digital content is supplied in the manner and within the time limit stated in the particular offer.
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) email;
5) learning environment;
6) another explicitly described way.
14.4.
The obligation to supply is fulfilled when the digital content, or a suitable means of accessing it, becomes available to the Customer or to a digital facility selected by them.
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 that the supply may begin immediately;
2) confirm that they understand that, when the supply begins, they lose their right of withdrawal in respect of the relevant digital content.
14.7.
The consent and acknowledgement are recorded against the order and confirmed to the Consumer on a durable medium.
14.8.
If the Consumer does not give the necessary consent to immediate supply, the Merchant may begin supply after the 14-day withdrawal period has expired.
14.9.
The right of withdrawal is not considered lost unless all requirements of applicable law concerning prior consent, the Consumer’s acknowledgement and provision of confirmation on a durable medium have been 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 support;
7) the presence or absence of automatic renewal.
15.6.
A fixed-term plan ends when the purchased period expires and does not result in a further payment unless the Customer has separately and expressly selected a subscription with recurring renewal.
15.7.
Saving a payment method, a lack of response from the Customer or continued use of the Platform does not, by itself, constitute consent to a new paid renewal.
15.8.
For a subscription with recurring payments, the following are shown before the order is placed:
1) the amount of the periodic payment;
2) the billing 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 provides the necessary updates, including security updates, to the extent needed to maintain the digital service’s conformity.
15.12.
The Customer should install or apply supplied updates within a reasonable time after receiving clear instructions and a warning about the consequences of failing to do so.
15.13.
The Merchant may modify the digital service beyond what is necessary to maintain conformity only for a valid 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 performance or accessibility;
8) adding or improving functionality.
15.14.
A change under the preceding provision:
1) does not entail an additional charge for 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 may be necessary for security, updates 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 training, a webinar, consultancy or an in-person session is a service;
4) a combined program may contain more than one of these elements.
16.2.
For each training course, the following are specified before the order is placed:
1) name;
(2) description and educational objectives;
3) content;
4) recorded or conducted live format;
5) whether it is online or in person;
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) whether a recording is provided;
17) period of access to the recording;
18) price;
19) conditions for withdrawal, cancellation and change.
16.3.
Registration for paid training is confirmed no later than 1 working day after acceptance of the order and successful payment, unless the particular offer specifies a different period.
16.4.
Instructions for joining online training are emailed to the participant or provided in their account.
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 Customer shall have the right to choose between:
1) participation on a new date;
2) participation in equivalent 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 Customer 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.
After the statutory right of withdrawal has expired or has lawfully been lost, the following voluntary commercial cancellation policy applies to cancellation by the participant, unless the particular offer provides more favourable terms:
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 Customer 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 above does not restrict the Consumer’s right of withdrawal, rights in the event of non-performance or non-conformity, or other mandatory rights.
16.13.
Where a certificate is issued, the offer states whether it certifies:
1) participation;
2) successful completion;
3) test result;
4) acquiring specific internal competence.
16.14.
Unless expressly stated otherwise, a certificate is not a state-recognised educational degree, professional qualification or authorisation to practise 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, the following are specified:
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 become a paid subscription unless the Customer has expressly ordered such renewal in advance and received clear information about the price and payment frequency.
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) bonus access may be terminated following valid withdrawal from the purchase of the physical goods;
4) Access shall end at the end of the announced period.
18. Consumer’s right of withdrawal
18.1.
The right of withdrawal is available to natural persons acting as Consumers.
18.2.
A business customer 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 may withdraw from a distance contract within 14 calendar days without giving a reason and without owing compensation or a penalty.
18.4.
The period starts:
1) for physical goods, from receipt by the Consumer or by 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 admin@leanchampionscommunity.com;
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.
Following withdrawal from a purchase of physical goods, the Consumer must send or hand back the goods without undue delay and no later than 14 calendar days after notifying 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.
If the Consumer chose a more expensive delivery method than the least expensive standard delivery, the difference is not refunded.
18.15.
For physical goods, the Merchant may withhold the refund until the goods have been received or evidence of dispatch has been provided, whichever happens first.
18.16.
The refund is made using the same payment method unless the Consumer expressly agrees to another method that entails no cost to them.
18.17.
If a service or digital service began at the Consumer’s express request, the Consumer may owe a proportionate amount for what was actually supplied up to withdrawal.
18.18.
For digital content not supplied on a tangible medium, the right of withdrawal may be lost after the supply begins only if all statutory conditions concerning the following are met simultaneously:
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 from a paid service is lost after full performance only if performance began with the required express prior consent and acknowledgement.
18.20.
The right of withdrawal does not apply in cases expressly provided for by law, including goods made to the Consumer’s order or according to their individual requirements, as well as other applicable statutory exceptions.
18.21.
An ordinary printed book is not excluded from the right of withdrawal merely because it has been unpacked and inspected.
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 withdraw in relation to an individual order item where that item can be separated from the others.
19.2.
For partial withdrawal, the price of the returned item or terminated service is refunded.
19.3.
The original delivery cost is refunded only to the extent that it would have been lower if the withdrawn item had not been included in the order.
19.4.
If the entire order is withdrawn, the price of the least expensive standard delivery is refunded.
19.5.
If withdrawal from the main product makes a bonus inapplicable, bonus access 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 claims
20.1.
The Merchant is responsible for ensuring that the physical goods, digital content, digital services and other services supplied conform to 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 is liable for any lack of conformity of physical goods that exists at delivery and becomes apparent within the statutory period of up to two years from delivery.
20.4.
If physical goods do not conform to the contract, the Consumer may request that they be brought into conformity by repair or replacement, where applicable and possible.
20.5.
Where bringing the goods into conformity is impossible, is not completed within the statutory period, the lack of conformity recurs or is sufficiently serious, the Consumer may be entitled 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 offer.
20.7.
For a single supply of digital content or a digital service, the Merchant is liable for a lack of conformity that becomes apparent within the applicable statutory period.
20.8.
For a continuously supplied digital service, the Merchant is responsible for conformity throughout the agreed period.
20.9.
In the event of non-supply, the Customer may request supply 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.
If digital content or a digital service is not in conformity, the Consumer may request:
1) being brought into conformity free of charge;
2) proportionate price reduction;
3) termination of the contract where the statutory conditions are met.
20.12.
The product or service must be brought into conformity within a reasonable time, free of charge and without significant inconvenience to the Consumer.
20.13.
Where necessary to establish the technical cause, the Customer provides reasonable assistance using the method that interferes least with their digital environment and privacy.
20.14.
A claim may be submitted:
1) through the electronic form of the Platform;
2) by email;
3) at the address of the Merchant;
4) on another announced channel.
20.15.
The claim is registered and the Customer receives confirmation containing a date and unique reference 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 the original paper payment document does not automatically justify rejecting a claim if the purchase can be established through the electronic order, an invoice, a bank statement or other reliable information.
20.18.
The Merchant bears the costs of bringing a non-conforming product or service into conformity.
20.19.
The detailed terms are published on the “Complaints” page.
21. Intellectual property and licence granted
21.1.
All rights in the Platform’s content and functionality, including texts, books, eBooks, videos, audio materials, presentations, photographs, graphics, documents, templates, checklists, methodologies, tests, software, databases, design, logos and trade marks, belong to the Merchant or are used lawfully by it.
21.2.
Purchase of a product, service, subscription or training does not transfer copyrights or other intellectual property rights.
21.3.
Unless the particular offer states otherwise, the Customer receives a limited, non-exclusive and non-transferable right of use for personal or internal organisational purposes.
21.4.
An individual licence shall only be used by the person for which it was purchased.
21.5.
A corporate licence may be used only by authorised users and within the purchased number of licences.
21.6.
Without prior written permission, the following are prohibited:
1) resale;
2) public dissemination;
3) providing access to unauthorised persons;
4) publication of materials on the Internet;
5) systematically copying or downloading;
6) rental 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 Customer 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 customer
22.1.
When the Customer enters, uploads or creates content in the Platform, including photographs, documents, audits, reports, comments, tasks or other data, they retain their rights to that content.
22.2.
The Customer grants the Merchant a limited right to store, process, make technical copies of and display the content only to the extent necessary to provide, protect, maintain and develop the relevant service.
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 Customer 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 required by law, the content is provided free of charge, within a reasonable time and in a commonly used machine-readable format.
22.7.
The Merchant may decline to provide content where it:
1) has no use outside the context of the digital service;
2) refers only to the activity of the Customer in the service;
3) is aggregated with other data and cannot be separated without disproportionate effort;
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 customer uses the Platform legally, in good faith and according to its purpose.
23.2.
The following are not permitted:
1) unauthorised access to another person’s 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) attempting to obtain source 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 another party’s copyright, trade marks, personal data or other rights;
11) use of the Platform to send unwanted commercial messages;
12) impersonating another person or organisation.
23.3.
A signal of alleged illegal content or violation can be sent to admin@leanchampionscommunity.com.
23.4.
A report should contain enough information to identify the content, the reason for reporting it and contact details for a response.
24. Limitation, suspension and termination of access
24.1.
The Merchant may temporarily restrict access in the event of:
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 informs the Customer of the identified breach and allows a reasonable time for it to be remedied.
24.3.
A definitive termination of paid access shall only take place where:
1) the breach is material;
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 Customer may submit an objection and information about the case using the contact email address.
24.6.
Where paid access is terminated unlawfully or for a reason for which the Customer is not responsible, the Customer is entitled to a refund for the unused prepaid period or other remedies provided by law.
24.7.
The restriction of access shall be without prejudice to the right of the Customer 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 exercises professional care to maintain the normal, reliable and secure operation of the Platform.
25.2.
The Merchant does not guarantee completely uninterrupted operation where interruptions result from necessary maintenance, updates, external infrastructure or circumstances beyond its reasonable control.
25.3.
The preceding provision does not release the Merchant from liability for non-supply or lack of conformity of a paid digital service.
25.4.
A technical problem may be reported using the contact email address, specifying:
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 use backups, monitoring, measures to limit 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 Customer 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 Customer.
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 limitation that reduces the following applies to Consumers:
1) rights in the event of non-supply;
2) rights in the event of non-conformity;
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 any specific financial, production, professional, management, educational or organisational outcome from the use of books, training, methodologies, templates, consultancy or the Platform.
27.4.
The customer 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 Customer;
2) use in violation of instructions;
3) the Customer’s failure to secure their access credentials;
4) incompatible digital environment where technical requirements have been clearly communicated;
5) illegal activities of the Customer;
6) changes made by the Customer or by an unauthorised third party.
27.6.
For Business customers, to the extent permitted by law, the Merchant is liable only for direct and foreseeable loss that is the immediate consequence of a breach for which it is at fault.
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 limitation above does not apply to intent, gross negligence, damage to life or health, breaches of confidentiality or other cases where such a limitation is not permitted.
27.9.
The Merchant is not liable for a Business customer’s indirect business losses, including lost profit, lost opportunities or lost expected savings, unless the loss was caused intentionally or such a limitation is not permitted.
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 performance becomes permanently impossible or a delay deprives the Customer of the essential purpose of the contract, the rights to termination and refund 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.
For bank transfers, the account holder’s name, IBAN, payment amount, date, reference and payment status may be processed.
29.4.
Training may involve processing data on enrolment, participation, progress, tests, assignments and certificates.
29.5.
Transactional messages relating to an order, payment, delivery, security or contractual access are not 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 Customer agrees to receive contractual and service messages at the email address they provide.
30.2.
The Customer must keep their email address up to date and check their spam folders.
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) approaching expiry;
8) response on claim;
9) confirmation of withdrawal;
10) other contractual information required.
30.4.
Where information must be provided on a durable medium, it is sent in the email body, as a file or in another form that allows it to be stored and reproduced unchanged.
31. Term and termination
31.1.
A one-off contract ends when both parties have fulfilled all their obligations.
31.2.
Fixed-term access ends when the purchased period expires unless a separate extension or subscription contract has been concluded.
31.3.
An indefinite or periodically renewed contract may be terminated using the method and notice period specified before the order was placed.
31.4.
Cancelling recurring renewal stops future payments and takes effect at the end of the current prepaid period, unless the law or the particular offer provides 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 results from the Merchant’s non-conformity or non-performance, the Consumer is entitled to the applicable refund for the unused or non-conforming period.
31.8.
Before termination, the Customer 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 for the following reasons:
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 Customer 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 are archived to establish the terms applicable to a particular order.
33. Complaints and alternative dispute resolution
33.1.
The customer may submit a complaint to:
LEAN BULGARIA OOD
Email: admin@leanchampionscommunity.com
Telephone: +359 896 060 911
Address: Sofia, 55 Kiril Popov Street, entrance A, floor 1, apartment 4, Republic of Bulgaria
33.2.
The complaint should contain sufficient information to identify the Customer, 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 report to the Commission for Consumer Protection through the Commission’s official channels.
33.5.
The Consumer may request that a dispute be considered by a competent general or sectoral conciliation committee included in the official list of alternative Consumer 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.
Bulgarian law applies to these Terms and Conditions and to contracts 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 make reasonable efforts to reach a voluntary settlement of any dispute that arises.
34.4.
Where no agreement is reached, the dispute shall be dealt with by the competent court designated under the applicable legislation.
34.5.
These Terms and Conditions do not impose exclusive jurisdiction that restricts the Consumer’s statutory right to bring an action before another competent court.
35. Final provisions
35.1.
If a provision is declared invalid, inapplicable or void, the remaining provisions remain effective.
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.
Failure by the Merchant or Customer to exercise a right does not constitute a waiver of that right.
35.4.
The Merchant may transfer a contract to a legal successor in a reorganisation or transfer of the business, provided this does not reduce the Consumer’s rights and the Consumer 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.
These Terms and Conditions take effect on the date shown in the ‘Effective from’ field.
35.8.
For the particular order, the version accepted and provided to the Customer when the contract was concluded applies.