These General Terms and Conditions regulate the relations between the Seller and the Buyer when making transactions between them for the purchase and sale of goods and services through the Seller’s online shop.
I. GENERAL TERMS
- The Seller is MARIELA KIDS EOOD, UIC 204234287, with headquarters and address of management in Sofia, Lyubata street.
- he Buyer is any adult person or legal entity with a permanent address outside the territory of the Republic of Bulgaria, who has entered as a guest at the online shop and who wishes to buy goods from the Seller.
- The Seller is obliged to send the goods only in accordance with these General Terms and Conditions (GTCs). Some of the clauses in these GTCs are directly binding solely to consumers under the Consumer Protection Act and do not apply to Buyers, whether legal entities or individuals who use the purchased products in their trade or professional activity. Such clauses are explicitly mentioned as being applicable only to Consumer Individuals who use the product for purposes other than business or trade. All other clauses in these GTCs apply to any Buyer, irrespective of its quality.
- Upon purchase, the Buyer provides the Seller with the necessary details for the sale contract, namely their names, shipping address, e-mail, telephone number, delivery method and payment method.
II.CONCLUSION OF A PURCHASE AND SALE CONTRACT OF GOODS AND DELIVERY OF THE PURCHASED GOODS
5. Before the Buyer is bound by a contract or a proposal for concluding a contract, incl. distance contract or off-premises contract, the Seller provides the Buyer in a clear and understandable manner all legally required information, unless it is clear from the context or the nature and character of the goods. The information under the previous sentence includes, but is not limited to, a description of the main characteristics and image of each product, the selling price including VAT, information on the methods of payment and delivery. The Seller and Buyer conclude a valid purchase of goods contract on the online shop once the Buyer has followed the online ordering process and has finalized the order. Once the order has been finalized, the Buyer receives a confirmation of the order by telephone indicated by him, and then the Seller sends the goods to the address indicated by the Buyer. The moment of conclusion of the contract between the parties shall be considered the moment of payment by the Buyer of the price of the goods in a way chosen by him and at an address chosen by him outside the territory of the Republic of Bulgaria. The seller reserves the right to refuse the processing of the order and after having sent its confirmation to the Buyer, and any amounts paid by the Buyer will be refunded in full. The Seller may refuse to process the order when there are reasonable grounds for suspecting that the order is non-genuine, including the fact that it may not originate from the Buyer described in the same order or when the products that are ordered are temporarily unavailable due to depletion of quantities or other technical reasons.
6. To purchase goods The Buyer has to select the desired products from the Seller’s catalog. The Buyer must provide the necessary details to make a sale contract, namely their names, shipping address, e-mail, telephone number, delivery method and payment method.
After completing the previously described steps, The Buyer declares, that he agrees with these GTCs, thus completing the order.
7. In the case of inaccurate data provided by the Buyer for the shipping address and telephone or the absence of the Buyer at the address, as well as in the case of failure to deliver the goods due to reasons beyond the Seller, the goods shall be returned and remain in the Seller’s warehouses. In this case the goods are not kept for the Buyer, unless paid in advance. In the case of prepaid goods, they are kept within 15 days of their return and after the expiration of this period and if the Buyer does not seek them from the Seller, the Seller returns the received payment. Upon second attempt of delivery at the address, the Buyer pays the additional shipping costs.
8. After the confirmation of your order and receiving of payment, the Seller is obliged to deliver the requested product within 1 to 5 working days, which depends on the workload of the couriers and the availability of goods.
9. All product orders depend on availability and the seller does not guarantee that the products listed in the electronic catalog are available in stock. In this regard, if there are any difficulties with the delivery of products or no more items left in stock, the Seller reserves the right to offer to the Buyer substitute products of the same or higher quality and value that can be ordered. If the Buyer does not wish to order replacement products, his order will be canceled. — All goods presented in the Seller’s catalog may have differences in color, in case the hardware used by the Buyer when reviewing the catalog does not properly objectify the color range of the products. In case of such differences, the Seller is not responsible.
III.PRICES, DELIVERY METHODS AND PAYMENT METHODS FORTHEGOODSANDSERVICES
10.Payment methods: cash or otherwise agreed between the parties payment method.
11. The price of each product includes VAT.
12. Deliveries are made through a courier company, and orders are sent within 5 working days for available goods, unless otherwise agreed between the parties. Exceptions are addresses that are serviced by courier companies on a schedule. It is possible in case of force majeure, such as delays and workload in the courier company, bad weather conditions, state of emergency, strikes, etc., the delivery will be delayed, and the Seller is not responsible for the delay. The price of the delivery for orders with a total value over BGN 50 with VAT could be free but in this case the review and test option is not available. The price of delivery, when it is paid, depends on the courier company and its price list (for reference visit https://www.speedy.bg/bg/standard-24-hours).
Orders are processed and sent to the Buyer on working days. All orders placed on Saturdays, Sundays and public holidays are processed on the first following working day.
IV.REVIEWAND THE RIGHT OF WITHDRAWAL. WARRANTY
13.Upon delivery of the requested goods, the Buyer has the opportunity to review them and look for any faults except in cases where he has chosen free shipping. In the event that the Buyer does not make any comments on the goods, it is assumed that they accept the products without any remarks or defects.
14. In case the right of withdrawal is valid depending on the purchased product, the Buyer has the right to exercise it within 14 days, returning the product to the Seller’s address, on their own expense, without visible traces of use, without disturbing trade appearance and damaged packaging, and together with all supporting documents (invoice, cash receipt, protocol, etc.) and without having undergone any treatment such as laundry or ironing. Transport costs are borne by the Buyer. The Buyer should explicitly notify the Seller of its decision to withdraw from the contract by phone, email or through the contact form on the Seller’s website.
The right of refusal under Art. 50 of the CPA do not apply to contracts:
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1. for delivery of goods, made to order of the consumer or according to his individual requirements;
2. for delivery of goods, which due to their nature may deteriorate their quality or have a short shelf life;
3. for delivery of sealed goods, which have been unsealed after their delivery and cannot be returned due to reasons related to hygiene or health protection;
The right of refusal under Art. 50 of the CPA does not apply to Buyers legal entities.
In exercising its right of withdrawal, the Buyer undertakes to return the goods in commercial form. Commercial form means a type that allows the subsequent sale of the good as new. The unpacking of the goods should not have led to a clear disturbance of the commercial nature of the goods. In the event of a lack of commercial form of the goods, the Seller has the discretion to refuse to accept the contract termination or to charge the Buyer the cost of restoring the goods in commercial form. According to Art. 55, para. 4 of the CPA, the consumer is responsible for the diminished value of the goods, caused by their testing, other than necessary to establish the nature, characteristics and their good functioning.
For the replacement of goods the same requirements apply as to the right of withdrawal from the contract.
15. The applicable provisions of the Bulgarian Law on Obligations and Contracts or the Bulgarian Consumer Protection Act are applicable to the guarantee of the goods, whichever is applicable. The Seller provides a warranty services on his address every working day.
V.FINAL CLAUSES
16.K N Infinity LTD is an administrator of personal data and guarantees the integrity of the information provided by the Buyer. Disclosure of personal data is possible in compliance with the statutory order. The Buyer is informed that in order to fulfill the delivery obligations of the Seller, the latter will process, including store, the personal data submitted by the Buyer specifically for the purposes of completing the Contract. Personal data will be stored, processed and deleted as required by applicable law, more information is contained in the Seller’s Privacy Policy published on the website.
17. A “cookie” is a small text file that is saved on a computer or mobile device through which the Buyer visits the site and downloads it on subsequent visits. The Seller uses cookies to improve and ease any subsequent Buyer visits. “Cookies” are not used to store personal information or to disclose information to third parties. Detailed information about “the cookies” is posted on the Seller’s site.
18. The seller does not infringe on other people’s intellectual property rights. The Seller does not guarantee that the access to the site will be uninterrupted, timely, secure and free from errors, as far as this is beyond the capabilities, control and will of the Seller. The services made by the Seller remain entirely non-copyright and their illegal use by third parties is subject to legal sanctions.
19. Unless explicitly stated otherwise, each party to a contract that is still in force shall not be liable for non-performance, in whole or in part, and / or in cases where the obligations are outside the terms of the Contract, in the event of non-performance. of the obligations has occurred as a result of force majeure. The party or its legal representative, who invokes force majeure, must immediately and comprehensively notify the other party of the occurrence of the event and take measures to prevent it in order to limit its consequences.
20. The seller may change these GTCs at any time and post them on their site, by notifying the change in a prominent place on their site. —
21. The seller may change these GTCs at any time and post them on their site, by notifying the change in a prominent place on their site.
22. In the event of a dispute between the Seller and the Buyer, the Buyer has the opportunity to contact the ADR / OARS after failing to resolve the dispute with the Seller. The body for alternative dispute resolution for the territory of the Republic of Bulgaria is:
General Conciliation Commission to the Consumer Protection Commission, with headquarters in Sofia, 4 Slaveykov Sq..
23.These General Terms and Conditions are in accordance with Bulgarian law. For all cases not settled by the present GTCs, the current legislation in the Republic of Bulgaria applies, and the litigation concerns the competent court in the Republic of Bulgaria respectively.
Compliance with these GTC is entrusted to the Commission for Consumer Protection and the Commission for Personal Data Protection, with the following contact details:
Commission for Personal Data Protection:
Address: Sofia, 15 Ivan Evstatiev Geshov Str.,
Tel .: (02) 940 20 46
Tel .: (02) 940 36 46
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg.
Consumer Protection Commission:
Address: 1000, Sofia, Slaveykov Square А4A, fl.3,4 and 6
Tel .: (02) 980 25 24
Tel .: (02) 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg.
Annex № 1 – Standard form for exercising the right of withdrawal from the contract
| Standard form for exercising the right to withdraw from the contract: |
| (fill in and send this form only if you wish to withdraw from the contract) |
| – To MARIELA KIDS EOOD with UIC 204234287: – I hereby notify / notify * that I refuse / refuse * the contract concluded by me / us * for the purchase of the following goods * / for the provision of the following service * – Ordered on * / received on * – Name of the user (s) – Address of the user (s) – Signature of the user (s) (only if this form is on paper) – Date ————————————————— —- * Strike out what does not apply. |
Annex № 2 – Information on the exercise of the right of withdrawal
Information on exercising the right of withdrawal from the contract.
Standard instructions for cancellation:
I. Right to withdraw from the contract at a distance or off-premises.
I. You have the right to withdraw from this contract, without giving reasons, within 14 days.
II. The withdrawal period is 14 days from the date on which you or a third party other than the carrier and specified by you, have entered into possession of the goods.
In order to exercise your right of withdrawal, you must notify us of the contact details provided on our website and of your decision to withdraw from the contract with an unambiguous statement (for example, a letter sent by post, fax or e-mail).
You can use the standard withdrawal form provided, but this is not required. You can also fill in and submit electronically the standard withdrawal form or other unambiguous withdrawal application on our website. If you use this option, we will immediately send you a persistent acknowledgment message (eg by email).
In order to comply with the withdrawal period, it is sufficient to send your notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
IV. Refusal effect.
If you withdraw from this contract, we will refund all payments we have received from you, including shipping costs (except for additional costs associated with your chosen shipping method other than the cheapest standard shipping method, offered by us), without undue delay and in any case no later than 14 days from the date on which you inform us of your decision to withdraw from this contract and we receive the goods back. We will make the refund to the bank account specified by you, in which case this refund will not be associated with any costs for you.
We have the right to defer the refund until we receive the goods back or until you provide us with proof that you have sent the goods back, whichever occurs first.
You are solely responsible for reducing the value of the goods as a result of testing them, other than what is necessary to establish their nature, characteristics and proper functioning.
See additional user information on our website.