Terms of use of website http://www.latiareofficial.com
These General Terms and Conditions govern the relationship between Fashionism EOOD, hereinafter referred to as "Vendor", on the one hand, and the Users of the websites and services located on the website http://www.latiareofficial.com, hereinafter referred to as "Users", on the other hand.
Fashionism EOOD is a company registered under the Commerce Act of the Republic of Bulgaria with UIC 205489180 address Town of Elin Pelin, 20 Kiril and Metodiy Street, email address: info@latiareofficial.com, telephone: +359883331450
Please read the published Terms and Conditions in full before using the information and commercial services offered on the Website (hereinafter referred to as Services).
This document contains information about the activities of Fashionism EOOD and the terms and conditions of use of the Services provided by Fashionism EOOD, and governs the relationship between us and each of our users.
Confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the Consumer and the Vendor.
By accepting the General Terms and Conditions, the User agrees to the processing of his personal data on the basis of the contract concluded between them and the Vendor.
Definitions
For the purposes of these General Terms and Conditions, the following terms are to be understood in the following sense:
Website - http://www.latiareofficial.com and all its subpages.
User - any natural person who acquires goods or uses services which are not intended for carrying out a commercial or professional activity, and any natural person who, as a party to a contract under this Act, acts outside the scope of his commercial or professional activity.
General Terms and Conditions - these General Terms and Conditions, which include terms of use, cookies, registration and shipping rules, voluntary dispute resolution, cancellation and exchange forms and any other legally relevant information found on the Site.
Personal Data - information about an individual that reveals their physical, psychological, mental, family, economic, cultural or social identity.
Goods - movable tangible asset, except for items sold under execution or other measures by authorities authorized by law, as well as items abandoned or confiscated for the benefit of the state, declared for sale by state authorities. Water, gas and electricity, when offered for sale, packaged in a limited volume or quantity, are also goods.
Sale Contract - a contract under which the vendor transfers or undertakes to transfer ownership of goods to the consumer and the consumer pays or undertakes to pay the price for them, including contracts having as their object both goods and services.
Alternative consumer dispute resolution procedure - a procedure for out-of-court resolution of consumer disputes, meeting the requirements of this Act and implemented by an alternative consumer dispute resolution body.
Services provided
1. On the Site, Users have the opportunity to conclude contracts for the purchase and sale of goods offered by the Vendor.
Order
2. Users use the interface of the Website to conclude contracts with the Vendor for the goods offered.
2.1. The contract for the purchase and sale of goods is deemed to be concluded from the moment the order is confirmed by the Vendor.
2.2. In the event of unavailability of a product, the Vendor reserves the right to refuse the order.
2.3. After selecting one or more goods offered on the Vendor's website, the Consumer must add the same to his list of goods for purchase.
2.4. It is necessary for the Consumer to provide the details for making the delivery and to choose the method and time of payment of the price, after which the Consumer must confirm the order through the interface of the website.
2.5. When placing an order, the Consumer receives an email confirmation that his order has been accepted.
3. The Vendor has the right to refuse to enter into a contract with an incorrect Consumer.
3.1. The Vendor has the right to treat a Consumer as incorrect in cases where:
1. there is non-compliance by the Consumer with the General Terms and Conditions;
2. there is an unfair, arrogant or rude attitude towards the Vendor's representatives;
3. the Consumer has been found to have systematically abused the Vendor.
Prices
4. The prices of the goods offered are those indicated on the Vendor's website at the time of ordering, except in cases of obvious error.
4.1. The prices of the Goods include VAT, where its accrual is provided for.
5. ТThe Vendor reserves the right to change the prices of the goods offered on the Website at any time and without notice and such changes will not affect orders already placed.
6. The Vendor may grant discounts for the goods offered on the Site, in accordance with Bulgarian law and rules set by the Vendor. The rules applicable to such discounts are available where the discount is displayed. Discounts may be provided in various forms (e.g. promotions, loyalty discounts, provided individually, randomly or as a result of participation in a competition or customer survey).
6.1. Different types of discounts cannot be combined when ordering and purchasing the same item.
Payment
7. Where the Consumer returns goods with the right to a refund for any reason, the price subject to refund shall be reduced by the value of the discount received and applied to the goods and only the amount actually paid shall be refundable.
8. The user may pay the price of the goods ordered using, at his choice, one of the options listed on the website. On the Website it is possible to pay by the following methods:
· cash on delivery
· bank transfer
9.If the Consumer chooses the option of delivery by courier and payment on delivery, the Consumer must pay the price of the ordered items together with the courier's delivery charge upon receipt of the goods.
10. If the Consumer selects a payment method involving a third party payment service provider, the Consumer may be bound by the terms and conditions and/or fees of such third party.
11. The Vendor shall not be liable if a payment method involving a third party payment service provider is unavailable or otherwise non-functional for reasons that cannot be attributed to the Vendor.
Contract cancellation and replacement
12. The Consumer shall have the right to withdraw from the contract without giving any reason and without compensation or penalty within 14 days from the date of acceptance of the goods by the Consumer or by a third party.
13. In order to exercise his right under this clause, the Consumer must unambiguously notify the Vendor of his decision to withdraw from the contract, individualizing the goods he wishes to return by providing all details of the order and delivery made, including but not limited to: Content and value of the order, details of the person who placed the order, details of the person who accepted delivery and date of delivery.
14. The Vendor shall publish on its website a form for exercising the right of withdrawal.
15. To exercise the right of withdrawal, the Vendor shall give the consumer the choice of completing and sending electronically via the website the standard withdrawal form or another unambiguous application. In such cases, the Vendor shall immediately send the Consumer an acknowledgement of receipt of his/her withdrawal on a durable medium..
16. The Consumer must return the goods at his own expense, together with the receipt and the invoice, if any, handing them over to the Vendor or to a person authorised by the latter, within 14 days of the date on which the Consumer exercised his right of withdrawal.
17. Upon return, the goods must be in their original packaging, without signs of use or deterioration in commercial appearance.
18. The Vendor is entitled to postpone the refund until the goods have been received back or until proof has been provided that the goods have been sent back, whichever is the earlier.
19. In the event that the Consumer fails to comply with his obligation to return the goods without notifying the Vendor of the delay and without providing a valid reason for the same, he shall be deemed to have withdrawn his statement of exercise of withdrawal.
20. Where the Vendor has incurred costs in connection with the performance of the contract and the Consumer withdraws from the contract, the Vendor shall be entitled to retain the relevant amount for the costs incurred or to demand payment thereof.
21. The Consumer shall not be entitled to withdraw from the contract if the subject matter of the contract are:
· for the delivery of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection
22. The Vendor shall refund the price paid by the consumer for the returned goods.
22.1. If the consumer has made payment under the contract by bank card and has exercised his right of withdrawal from the contract, the refund shall be made by ordering a reverse transaction on the card with which the payment was made within 7 working days.
Warranties and claims
23. The consumer has the right to claim for any non-conformity of the goods or services with what was agreed/ordered when, after delivery, discrepancies with the sales contract are found.
24. The Vendor is not responsible for any colour difference due to natural variations in colour reproduction from different monitor models.
25. Any non-conformity of the consumer goods with the contract of sale which becomes apparent within 6 months of delivery of the goods shall be deemed to have existed at the time of delivery unless it is proved that the lack of conformity is due to the nature of the goods or to the nature of the non-conformity.
26. The consumer may not contest the conformity of the consumer goods with the contract of sale where:
1. they knew or could not have been unaware of the non-conformity when the contract was concluded;
2. the non-conformity is due to materials provided by the consumer.
27. The consumer has the right to claim the goods or services regardless of whether the manufacturer or Vendor has provided a commercial guarantee for the goods or services.
28. Where the claim is settled by replacing the goods with other goods conforming to the agreed terms, the Vendor will maintain the consumer's original warranty terms.
29. When making a claim, the consumer may claim a refund of the amount paid, replacement of the goods with other goods corresponding to the agreed price or a price reduction.
30. The claim shall be made verbally by telephone to the address indicated by the Trader or in writing by email, post or by delivery to the address of the company. The Vendor shall make a claim form available on its website.
31. When submitting a claim, the consumer shall indicate the subject matter of the claim, his preferred method of settling the claim, the amount claimed respectively, and the address, telephone number and email for contact.
32. When submitting a claim, the consumer must also attach the documents on which the claim is based, namely:
1. cash receipt or invoice;
2. reports, deeds or other documents establishing the non-conformity of the goods with what was agreed;
3. other documents establishing the claim in terms of the basis and amount.
33. A claim for consumer goods may be made up to two years from the delivery of the goods, but not later than two months from the establishment of the lack of conformity with the contract.
34. The time limit shall be suspended during the time necessary for the seller and the consumer to reach an agreement to resolve the dispute.
35. If the Vendor has provided a commercial guarantee for the goods and the period of the guarantee is longer than the time limits for making a claim under par. 1, the claim may be submitted until the expiry of the commercial guarantee.
36. The making of a claim shall not preclude a litigation.
37. The Vendor shall keep a register of claims. A document shall be sent to the Consumer at the email address indicated by the Consumer, which shall indicate the number of the claim in the register and the type of goods.
38. When the Trader has satisfied the claim, it shall issue a certificate to that effect, which shall be drawn up in duplicate and shall provide one copy to the Consumer.
39. The Vendor shall, in the event of a justified complaint, bring the goods into conformity with the contract of sale within one month of the complaint being made by the consumer.
39.1. If the goods are not repaired after the expiry of the period referred to in the preceding paragraph, the Consumer shall be entitled to cancel the contract and be refunded the amount paid or to claim a reduction in the price of the consumer goods pursuant to Article 114 of the Consumer Protection Act.
39.2. Bringing the consumer goods into conformity with the sales contract is free of charge for the Consumer. He shall not be liable for the costs of dispatch of the consumer goods or for the materials and labour involved in their repair and shall not suffer any significant inconvenience.
40. In the event of non-conformity of the consumer goods with the contract of sale and where the Consumer is not satisfied with the resolution of the complaint, the Consumer has the right to choose between one of the following options:
1. cancellation of the contract and refund of the amount paid by him
2. price reduction.
41. The consumer may not claim a refund or a reduction in the price of the goods where the Vendor agrees to replace the consumer goods with new ones or to repair the goods within one month of the consumer making the complaint.
42. The Vendor shall be obliged to grant a request for cancellation of the contract and to refund the amount paid by the consumer where, after having satisfied three consumer complaints by repairing the same goods within the guarantee period, there is a subsequent occurrence of non-conformity of the goods with the contract of sale.
43. The consumer may not claim rescission of the contract if the non-conformity of the consumer goods with the contract is minor.
Intellectual property
44. The intellectual property rights in all materials and resources located on the Vendor's website (including available databases) are protected under the Copyright and Related Rights Act, belong to the Vendor or the appropriately designated person who has assigned the right of use to the Vendor, and may not be used in violation of applicable law.
45. In the event of copying or reproduction of information outside the permissible scope, as well as in the event of any other infringement of intellectual property rights on the Vendor's resources, the Vendor shall be entitled to claim compensation for direct and indirect damages in full.
46. Except where expressly agreed, the Consumer may not reproduce, modify, delete, publish, distribute or otherwise disclose the information resources published on the Vendor's website.
47. The Vendor undertakes to exercise due diligence to ensure that the Consumer is able to properly access the services provided.
48. The Vendor reserves the right to suspend access to the services provided. The Vendor has the right, but not the obligation, at its discretion, to delete information resources and materials published on its website.
Termination and winding-up of the contract
49. The Vendor shall have the right, at its sole discretion and without notice, to terminate the contract unilaterally if it finds that the services provided are being used in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria and generally accepted moral standards.
50. Except in the cases provided for in these General Terms and Conditions, the contract between the parties shall also be terminated if the Vendor ceases to operate or ceases to maintain its website.
51. Beyond the cases mentioned above, either party may terminate this contract by giving one week's notice to the other party in the event of failure to perform its obligations under the contract.
52. The written form of the contract shall be deemed to have been complied with by sending a message by electronic mail (e-mail), pressing an electronic button on a content page that is filled in or selected by the Consumer or ticking a box (check box) on the website, etc., as long as the statement is recorded technically in a way that makes it possible to reproduce it.
Saving clause
53. The parties declare that, in the event that any clause(s) under these General Terms and Conditions should prove to be invalid, this shall not invalidate the whole or any other part of the contract. The invalid clause will be superseded by mandatory rules of law or established practice.
Modification of the General Terms and Conditions
54. The Vendor undertakes to notify Users of any amendment to these General Terms and Conditions within 7 days of the occurrence of such circumstance at the email address provided by the Consumer.
55. Where the Consumer does not agree with amendments to the terms and conditions, the Consumer shall have the right to withdraw from the contract without giving any reason and without being liable to compensation or penalty. In order to exercise this right, the Consumer must notify the Vendor within one month of receipt of the notice referred to in the preceding article.
56. In the event that the Consumer does not exercise his right to withdraw from the contract in the manner set out in these General Terms and Conditions, the amendment shall be deemed to have been accepted by the Consumer without objection.
Applicable law
57. The provisions of the legislation in force in the Republic of Bulgaria shall apply to all matters not covered by these General Terms and Conditions.