Terms and conditions of use
Art. 1. These General Terms and Conditions govern the relationship between Gabriela Elegance EOOD – Varna, hereinafter referred to as the Supplier and the customers (users), referred to as the User(s), who use the e-shop, owned by Gabriela Elegance EOOD with the Internet address http://www.gabriella-shop.com, hereinafter referred to as the E-SHOP, to purchase goods or services.
By clicking on an object, image, link (different from the General Terms and Conditions) or button located on the website www.gabriella-shop.com, it is considered that you accept or agree with the General Terms and Conditions described below and give your explicit consent to conclude a distance contract within the meaning of the Consumer Protection Act.
These General Terms and Conditions comply with the requirements of the Consumer Protection Act (CPA), as well as with other regulatory acts in force in the Republic of Bulgaria.
SUPPLIER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
- Supplier Name: Gabriela Elegance Ltd.
- Headquarters and management address: Varna, Podvis Str., block 31, entrance G
- Address for exercising the activity: Varna, 9 Saborni Blvd.
- Correspondence details: Varna, 9 Saborni Blvd.,
Email: shop@gabriella-bg.com, phone: +359 52 602354 - Entry in public registers: UIC 201693538,
- Supervisory authorities:
(1) Personal Data Protection Commission Address: Sofia, 15 Ivan Evstatiev Geshov Str., Tel.: (02) 940 20 46 Fax: (02) 940 36 40 Email: kzld@government.bg, kzld@cpdp.bg Website: www.cpdp.bg
(2) Consumer Protection Commission Address: 1000 Sofia, 4A Slaveykov Square, floors 3, 4 and 6, tel.: 02 / 980 25 24 fax: 02 / 988 42 18 hotline: 0700 111 22 Website: www.kzp.bg - Registration under the Value Added Tax Act No. BG201693538
FEATURES OF AN ELECTRONIC STORE
Art. 3. ELECTRONIC STORE is an online store, accessible at the Internet address http://www.gabriella-shop.com, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods and services offered by the ELECTRONIC STORE, including the following: - To register and create a profile to browse the ELECTRONIC STORE and use the additional services for providing information;
- To make electronic statements in connection with the conclusion or performance of contracts related to the ELECTRONIC STORE through the interface of the ELECTRONIC STORE page, available on the Internet - www.gabriella-shop.com;
- To conclude contracts for the purchase and sale and delivery of goods offered by the ELECTRONIC STORE;
- To make any payments in connection with the contracts concluded with the ELECTRONIC STORE, according to the payment methods supported by the ELECTRONIC STORE.
- To receive information about new goods offered by the ELECTRONIC STORE;
- To review the goods, their characteristics, prices and delivery terms;
- To be notified of the rights arising from the law primarily through the interface of the ELECTRONIC STORE page on the Internet;
Art. 4. The Supplier delivers the goods and guarantees the rights of the Consumers, as provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
Art. 5. (1) Users conclude a contract for the purchase and sale of goods offered by the ELECTRONIC STORE through the Provider's interface, accessible on its website at www.gabriella-shop.com or another means of distance communication.
(2) By virtue of the contract for the purchase and sale of goods concluded with the User, the Supplier undertakes to deliver and transfer ownership to the User of the goods specified by him through the interface.
(3) Users pay the Supplier a fee for the delivered goods in accordance with the terms and conditions set out in the ELECTRONIC SHOP and these general terms and conditions. The fee is in the amount of the price announced by the Supplier at the ELECTRONIC SHOP address on the Internet – www.gabriella-shop.com.
(4) The Supplier delivers the goods requested by the Consumers within the terms and under the conditions set by the Supplier on the e-shop page and in accordance with these general terms and conditions.
(5) The price for delivery is determined separately and explicitly from the price of the goods.
Art. 6. (1) The Consumer and the Supplier agree that all statements between them in connection with the conclusion and performance of the purchase and sale contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site were made by the persons specified in the data provided by the User upon registration, if the User has entered the relevant username and password for access.
USING AN ELECTRONIC STORE
Art. 7. (1) In order to use an ELECTRONIC STORE to conclude contracts for the purchase and sale of goods, the User must enter a username and password chosen by him for remote access, in cases where the electronic store requires registration.
(2) The name and password for remote access are determined by the User through electronic registration on the Provider's website.
(3) By filling in their data and clicking the "Registration" and "Order" buttons, the User declares that they are familiar with these general terms and conditions, agree with their content and undertake to unconditionally comply with them.
(4) The Provider confirms the registration made by the User by sending an email to the email address specified by the User, to which information for activating the registration is also sent. After confirmation, an account is created for the User and contractual relations arise between him and the Provider.
(5) When registering, the User undertakes to provide correct and up-to-date data. The User shall promptly update the data specified in his/her registration in case of any change.
(6) In case a profile on web social networks or other networks is used for the registration of the User, the party to the contract is the person who is the holder of the profile used for the registration on the relevant social or other network. In this case, the Provider has the right to access the data necessary to identify the User on the relevant social or other network.
Art. 8 The User is not entitled to use the site to send any materials, the content of which is unlawful, false, misleading, threatening, inciting, abusive, abusive, defamatory, indecent, pornographic, religious or materials that predispose to behavior that would be considered a criminal offense and could lead to civil or criminal liability or would otherwise violate the law and good morals. In the event that the User fails to comply with this obligation, the same shall be fully liable for any damages caused to „Gabriela Elegance” EOOD.
Art. 9. The user bears full responsibility for the protection of his username and password, as well as for all actions performed by him or a third party using the username and password;
SPECIAL OBLIGATIONS OF THE SUPPLIER AND CONSUMERS. CONSUMER PROTECTION
Art. 16. The rules of this Section VI of these general terms and conditions apply to Users for whom, according to the data provided for the conclusion of the purchase and sale contract or upon registration in the ELECTRONIC STORE, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
Art. 17. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the ELECTRONIC STORE website.
(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the ELECTRONIC STORE website.
(3) The value of postal and transport costs, not included in the price of the goods, is determined by the Supplier and is provided as information to the Consumers at one of the following times before concluding the contract:
– In the profile of each of the goods on the ELECTRONIC STORE Supplier's website;
– When selecting the goods for concluding the purchase and sale contract;
(4) The method of payment, delivery and performance of the contract is determined in these general terms and conditions, as well as the information provided to the User on the Provider's website.
(5) The information provided to Users under this article is current at the time of its visualization on the website of the ELECTRONIC STORE Provider before the conclusion of the purchase and sale contract.
(6) The Supplier must indicate the terms and conditions for delivery of individual goods on the ELECTRONIC STORE website.
(7) The supplier shall indicate, before concluding the contract, the total value of the order for all goods contained therein.
Art. 18. (1) The Consumer agrees that the Supplier has the right to accept advance payment for contracts concluded with the Consumer for the purchase and sale of goods and their delivery.
(2) The Consumer independently chooses whether to pay the Supplier the price for the delivery of the goods before or at the time of their delivery.
Art. 19. (1) The consumer has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within 7 working days from the date of receipt of the goods.
(2) The right of withdrawal under paragraph 1 shall not apply in the following cases:
– for the delivery of goods and provision of services, the price of which depends on fluctuations in financial markets, which the Supplier is not able to control;
– for the delivery of goods made according to the consumer's requirements or upon his individual order;
– for the delivery of goods or services that, due to their nature, are consumable or cannot be returned, or have characteristics changed at the request of the User, or there is a risk of deterioration of their quality characteristics;
(3) In the event that the Consumer exercises his right of withdrawal under para. 1, the Supplier is obliged to refund the amounts paid by the Consumer in full no later than 30 calendar days from the date on which the Consumer exercised his right of withdrawal from the concluded contract. The costs of returning the goods shall be deducted from the amount paid by the Consumer under the contract, unless the Consumer has returned the goods at his own expense and has notified the Supplier thereof.
(4) The Consumer undertakes to preserve the goods received from the Supplier, their quality and safety during the period under paragraph 1.
Art. 20. (1) The delivery period of the goods and the starting point from which it runs is determined for each good separately upon conclusion of the contract with the User through the website of the ELECTRONIC STORE Provider, unless the goods are ordered in one delivery.
(2) In case the User and the Supplier have not set a delivery time, the delivery time of the goods is 30 working days, starting from the date following the sending of the User's order to the Supplier through the Supplier's website ELECTRONIC STORE.
(3) If the Supplier cannot fulfill the contract due to not having the ordered goods, it is obliged to notify the Consumer thereof and refund the amounts paid by him within 30 working days from the date on which the Supplier should have fulfilled its obligation under the contract.
(4) In the cases under para. 3, the Supplier has the right to deliver to the Consumer goods of the same quality and price. The Supplier shall notify the Consumer electronically of the change in the performance of the contract.
(5) In case of exercising the right to withdraw from the supply contract under paragraph 4, the costs of returning the goods shall be borne by the Supplier.
Art. 21. (1) The Supplier shall transfer the goods to the Consumer after verifying the fulfillment of the requirements and the existence of the circumstances under Art. 61 of the Consumer Protection Act.
(2) The Consumer and the Supplier shall certify the circumstances under paragraph 1 in writing at the time of delivery by means of a handwritten signature, unless otherwise agreed.
(3) The User and the Provider agree that the requirements under para. 1 and art. 61 of the Consumer Protection Act will be complied with if the verification is carried out by a person who, according to the circumstances, can be concluded to be the one to transmit the information to the User – a party to the contract.
DELIVERY AND RECEIPT OF THE ORDER
Art. 21. (1) The Supplier shall deliver and hand over the goods to the Consumer within the period specified upon conclusion of the contract.
(2) If the period under paragraph 1 is not explicitly agreed upon between the parties upon conclusion of the contract, the Supplier shall deliver and hand over the goods within a reasonable period of time, but no later than 2 months.
Art. 22. (1) The Consumer must inspect the goods at the time of delivery and handover by the Supplier and, if the goods do not correspond to the order in type and quantity, immediately notify the Supplier.
(2) If the Consumer does not notify the Supplier in accordance with paragraph 1, the goods shall be deemed to be approved as complying with the requirements, except for hidden defects. For Consumers who have the status of consumer within the meaning of the Consumer Protection Act, the provisions and deadlines regulated in the Consumer Protection Act shall apply.
(3) In case of exercising the right to withdraw from the supply contract under paragraph 1, the costs of returning the goods shall be borne by the Supplier.
Art.23 Deliveries are not made on weekends and public holidays.
TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALES AGREEMENT
- Art. 10. (1) Users primarily use the interface of the Supplier's website to conclude purchase and sale contracts for the goods offered by the Supplier in the ELECTRONIC STORE.
(2) The contract shall be concluded in Bulgarian.
(3) The contract between the Provider and the User constitutes these general terms and conditions, available at www.gabriella-shop.com
(4) The party to the contract with the Provider is the User according to the data provided upon registration and contained in the User's personal profile. For the avoidance of doubt, these are the data with which an account was created with the Provider.
(5) The provider shall include in the interface of its website technical means for identifying and correcting errors in the entry of information before the statement for the conclusion of the contract is made.
(6) This contract is considered concluded from the moment of registration of the User with the Provider. The contract for the purchase and sale of goods is considered concluded from the moment of its request by the User through the Provider's interface.
(7) The Supplier shall expressly notify the User in an appropriate manner via electronic means of the conclusion of this contract and of the conclusion of the contract for the purchase and sale of goods.
(8) The statement for the conclusion of the contract and the confirmation of its receipt shall be deemed to have been received when their addressees have the opportunity to access them.
(9) The Supplier delivers the goods to the address specified by the User and is not liable in the event that the data specified by the User is incorrect or misleading.
Art. 11. Consumers conclude the purchase and sale contract with the Supplier according to the following procedure:
A) User Registration:
Art. 12. (1) In order to register as a User, the following steps must be followed: - Select the „Login” button;
- Selecting the "Create Account" button„
- Enter a valid e-mail address, which will be the Primary e-mail address for correspondence between the User and the Provider.
4. Enter and repeat the password chosen by the User.
5.Select the "Register" button„
(2) After completing the procedure, the User receives confirmation of the registration, username and password, as well as access to the electronic catalog services, at the e-mail address provided by him.
(3) The client is obliged to keep the received username and password safe and is fully responsible for all actions performed with them.
In case of a lost (forgotten) password, "Gabriela Elegance" EOOD sends a new password to the User's email address.
Article 13. (1) A user who has registered on the ELECTRONIC SHOP website www.gabriella-shop.com has the right to log into his profile using the password and username specified during registration.
(2) Through a link in his/her "Edit Profile" menu, the User will be able to enter or edit his/her already entered personal data, change his/her password and delivery address. The Site does not allow changing the User's e-mail address. If it is necessary to change the User's e-mail address, a new registration should be made.
(4) It is not mandatory to enter personal data and addresses for maintaining the User's profile, until the first order on the ELECTRONIC SHOP website www.gabriella-shop.com
(3) Personal data and delivery address can be entered for initial registration and for the first order of goods when selecting the "Order" button.„
B) Conclusion of a contract by a registered user:
Art. 14. (1) The procedure for concluding the contract is standard and goes through the following stages: - Viewing models: The user logs into their own account by entering their username and password and selects a product they wish to order.
- By clicking the "Buy" button, the product selected by the User will appear in the Cart. An unlimited number of products can be added to it, as well as those that the User refuses to purchase can be removed.
- When selecting the "View Cart" button, the User sees the selected products up to the moment of shopping with a photo, product name and number, requested quantity, unit price and total price. After entering the Cart, the User can change the quantity of the selected product or delete it from the Cart, in case he wishes to cancel the selected product.
- Before completing the order, if the registered user's delivery details change, the User has the opportunity to make a correction to the data by clicking a button and enter new, up-to-date data. They will be updated upon finalizing the order.
- The procedure ends by selecting the "Order" button.
(2) Detailed data from the placed order is received by the User at the e-mail address specified by him. The same report is visualized on the screen immediately after sending the order. The system automatically generates an order number, which is indicated in the e-mail and with the help of which the User can check at what stage of execution the respective order is.
(3) If the User indicates an incomplete, incorrect or wrong address or telephone number when placing the order, it is considered that the order is invalid and no obligation arises for its execution by "Gabriela Elegance" EOOD.
C) Conclusion of a contract by an unregistered user:
Art. 15 (1) The procedure for concluding the contract is standard and goes through the following stages: - Viewing models. The user selects a product they wish to order.
- By clicking the "Buy" button, the product selected by the User will appear in the Cart. An unlimited number of products can be added to it, as well as those that the User refuses to purchase can be removed.
- When selecting the "View Cart" button, the User sees the selected products up to the moment of shopping with a photo, product name and number, requested quantity, unit price and total price. After entering the Cart, the User can change the quantity of the selected product or delete it from the Cart in case he wishes to cancel the selected product.
- Before completing the order, the User must enter delivery details, as well as, by clicking the check button, agree to the General Terms and Conditions of Shopping, specified on the website of "Gabriela Elegance" Ltd. If the User wishes to receive an invoice, the User notes this circumstance and enters invoice details.
- The procedure ends by selecting the "Order" button.
(2) Detailed data from the placed order is received by the Client at the e-mail address specified by him. The same report is visualized on the screen immediately after sending the order. The system automatically generates an order number, which is indicated in the e-mail, with the help of which the User can check at what stage of execution the respective order is.
(3) If the User indicates an incomplete, incorrect or wrong address or telephone number when placing the order, it is considered that the order is invalid and no obligation arises for its execution by "Gabriela Elegance" EOOD.
PROTECTION OF PERSONAL DATA
Art. 24. (1) The Provider shall take measures to protect the User's personal data in accordance with the Personal Data Protection Act.
(2) For reasons of security of the Users' personal data, the Provider will send the data only to the e-mail address that was specified by the Users at the time of registration.
(3) The Supplier adopts and announces on its website a Personal Data Protection Policy, available at the Internet address www.gabriella-shop.com.
Art. 25. (1) At any time, the Provider has the right to require the User to identify himself and to verify the authenticity of each of the circumstances and personal data declared during registration.
(2) In the event that for any reason the User has forgotten or lost his/her username and password, the Provider has the right to apply the announced procedure for lost or forgotten usernames and passwords, available at the Internet address www.gabriella-shop.com.
Art. 26. Each User, by accepting these General Terms and Conditions, also agrees to the collection and processing of his/her personal data for marketing purposes and is considered to be notified within the meaning of the Personal Data Protection Act that his/her personal data will not be disclosed to other persons, except when the information is requested by an authorized state body in compliance with the statutory procedure or has received explicit consent from the User to this effect.
AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 27. (1) „Gabriella Elegance” EOOD reserves the right to unilaterally change at any time the ELECTRONIC SHOP website www.gabriella-shop.com, as well as these General Terms and Conditions for its use by updating this document, and after the change the publication date is updated.
(2) It is the User's obligation to familiarize himself with the current terms of use of the site and the current General Terms and Conditions, as they are binding on him.
(3) Changes to the General Terms and Conditions do not affect the relations between the User and the Provider arising in connection with contracts validly concluded before the changes to the General Terms and Conditions.
Art. 28. The Supplier publishes these General Terms and Conditions at www.gabriella-shop.com, together with all additions and amendments thereto.
TERMINATION
Art. 29. These general terms and conditions and the User's contract with the Provider shall be terminated in the following cases:
– upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
– by mutual consent of the parties in writing;
– unilaterally, with notice from each party in the event of failure to fulfill the obligations of the other party;
– in the event of the objective inability of one of the parties to the contract to fulfill its obligations;
– upon seizure or sealing of the Supplier's equipment by government authorities;
– in the event of deletion of the User's registration on the ELECTRONIC STORE website. In this case, the concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;
– in case of exercising the right of withdrawal pursuant to Art. 55, para. 1 of the Consumer Protection Act.
OTHER CONDITIONS
Art. 30. The possible invalidity of any of the provisions of these general terms and conditions shall not result in the invalidity of the entire contract.
Art. 31. For issues not settled in this contract, related to the implementation and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.
Art. 32. All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.
Art. 33. These general terms and conditions shall apply to all Users of www.gabriella-shop.com