GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE
LUSCIOUSWEAR.CO
I. SUBJECT
Art. 1. These general conditions are intended to regulate the relations between Metamorfosis LTD, Sofia, Oborishte Street 3, hereinafter referred to as SUPPLIER, and the customers, hereinafter referred to as USERS, of the online store www.lusciouswear.co, hereinafter referred to as “ ONLINE STORE”.
II. SUPPLIER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: "Metamorfosis" LTD
2. Headquarters and management address: Sofia, Oborishte Street 3
3. Registered address: Sofia, Oborishte Street 3
4. Email: office@lusciouswear.co
5. Entry in public registers: BG203364934
6. Administrator of personal data
7. Supervisory authorities:
(1) Commission for the Protection of Personal Data
Address: Sofia 1592, Prof. Blvd. Tsvetan Lazarov" №2,
phone: (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, "Slaveikov" square #4A, floors 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
8. Registration under the Value Added Tax Act No. BG203364934
III. CHARACTERISTICS OF ONLINE STORE
Art. 3. The online store is available at the Internet address www.lusciouswear.co, where Users have the opportunity to conclude contracts for the purchase, sale and delivery of the goods offered by the ONLINE STORE, by way of:
1. To register and create a profile for browsing the ONLINE STORE and using the additional services for providing information;
2. To make electronic statements in connection with the conclusion or execution of contracts with the ONLINE STORE through the interface of the ONLINE STORE page available on the Internet;
3. To enter into contracts for the purchase, sale and delivery of the goods offered by ONLINE STORE;
4. To make any payments in connection with the concluded contracts with the ONLINE STORE, according to the payment methods supported by the ONLINE STORE.
5. To receive information about new goods offered by the ONLINE STORE;
6. To review the goods, their characteristics, prices and terms of delivery;
7. To be notified of the rights arising from the law primarily through the interface of the ONLINE STORE page on the Internet;
8. To exercise the right of withdrawal from the contract concluded at a distance for the goods offered by the Supplier, for which the right of withdrawal from the contract is applicable;
Art. 4. The Supplier delivers the goods and guarantees the rights of the Users provided for by the law, within the framework of good faith, accepted in practice, according to the consumer or commercial law, the criteria and conditions.
Art. 5. (1) Users enter into a contract for the purchase and sale of the goods offered by the ONLINE STORE through the Supplier's interface, available on the Supplier's website or other means of remote communication.
(2) Pursuant to the contract concluded with the Users for the purchase and sale of goods, the Supplier undertakes to deliver and transfer ownership of the goods specified by him through the interface to the User.
(3) Users shall pay the Supplier remuneration for the delivered goods in accordance with the terms and conditions set by the ONLINE STORE and these general terms and conditions. The remuneration is to the amount of the price announced by the Supplier at the address of the ONLINE STORE on the Internet.
(4) The Supplier delivers the goods requested by the Users 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 the delivery is determined separately and explicitly apart from the price of the goods.
Art. 6. (1) The User and the Supplier agree that all statements between them in connection with the conclusion and execution of the sales contract can be made electronically and via 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 indicated in the data provided by the User during registration, if the User has entered the corresponding name and password for access.
IV. USE OF ONLINE STORE
Art. 7. (1) In order to use the ONLINE STORE to conclude contracts for the purchase and sale of goods, the User should enter a name and password chosen by him for remote access, in cases when the online store requires registration.
(2) The name and password for remote access are determined by the User, through electronic registration on the Supplier's website.
(3) By filling in his data and pressing the "Yes, I accept" or "Registration" buttons, the User declares that he is familiar with these general conditions, agrees with their content and undertakes to unconditionally comply with them.
(4) The Supplier confirms the registration made by the User by sending a letter to the electronic address specified by the User, to which information on activation of the registration is also sent. The User confirms the registration and conclusion of the contract through an electronic reference in the letter notifying him of the completed registration sent by the Supplier. After the confirmation, the User's account is created and a contractual relationship is established between him and the Supplier.
(5) When registering, the User undertakes to provide correct and up-to-date data. The user promptly updates the data specified in his registration in case of any change.
(6) In order to use the full functionality of the Supplier's online store, the User undertakes to register on the online store's website. The Supplier is not responsible if, due to lack of registration, the User could not use the full functionality of the online store, including in relation to exercising rights under the contract, the possibility of claiming a lower price and other similar functions.
(7) The present general terms and conditions can be accepted by the Users even without registration in the ONLINE STORE through an express declaration of will, including through the ONLINE STORE website.
Art. 8. (1) The electronic address provided during the initial registration of the User, as well as any subsequent electronic address used for the exchange of statements between the User and the Supplier, is a "Primary electronic address" within the meaning of these general terms and conditions. The User has the right to change his Primary Contact Email Address.
(2) Upon receipt of a request to change the Main contact email address, the Supplier sends a request for confirmation of the change. The confirmation request is sent by the Supplier to the new Primary contact email address specified by the User.
(3) The change of the Primary contact electronic address is carried out after confirmation by the User, expressed through a reference in the request for confirmation sent by the Supplier to the new Primary contact electronic address specified by the User.
(4) The Supplier informs the User about the change made, by means of an electronic letter sent to the Primary contact email address specified by the User before making the change under para. 2.
(5) The Supplier does not bear responsibility to the User for an illegal change of the Primary Contact Email Address.
(6) The Supplier may require the User to use the Main Contact Email Address in specific cases.
V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE-SALE AGREEMENT
Art. 9. (1) Users mainly use the interface of the Supplier's page to enter into contracts for the purchase and sale of the goods offered by the Supplier in an ONLINE STORE. (2) The contract is concluded in the Bulgarian and English language.
(3) The contract between the Supplier and the User constitutes the present general conditions available on the ONLINE STORE website.
(4) Party to the contract with the Supplier is the User according to the data provided during registration and contained in the User's personal profile. For the avoidance of doubt these are the details with which an account was created with the Supplier.
(5) The supplier includes on the interface of their Internet page, technical means for identifying and correcting errors when entering information, before the contract is concluded.
(6) This contract is considered concluded from the moment of the User's registration with the Supplier or the acceptance of the general conditions in another express way, including via a statement on the Supplier's website. The contract for the purchase and sale of goods is considered concluded from the moment of its request by the User through the interface of the Supplier.
(7) For the conclusion of this contract and for the conclusion of the contract for the purchase and sale of goods, the Supplier expressly notifies the User in an appropriate manner by electronic means.
(8) The statement of the conclusion of the contract and the confirmation of its receipt are considered received when their addressees have the opportunity to access them.
(9) The Supplier delivers the goods to the address specified by the Users and is not responsible in the event that the data specified by the Users is incorrect or misleading.
Art. 10. (1) Users conclude the purchase and sale contract with the Supplier according to the following procedure:
Registering in the ONLINE STORE and providing the necessary data if the User has not yet registered in the ONLINE STORE or by requesting a product without registration;
Entering the ONLINE STORE ordering system and identifying with a name and password or other means of identification;
Selecting one or more of the goods offered on the ONLINE STORE and adding them to a list of goods for purchase;
Provision of data for making the delivery;
Choice of method and time of payment of the price.
Order confirmation;
(2) Payments and Payment Methods
Accepted Payment Methods:
The online store offers the following payment options for goods and services:
-
Payment via credit or debit card (Visa, MasterCard, Maestro, etc.)
-
Bank transfer
3) Card Payments:
All credit and debit card payments are processed through secure payment systems that ensure the protection of customer data. The online store does not store any credit or debit card information.
Upon choosing to pay by card, the customer will be redirected to a secure payment operator page to enter the required transaction details.
After a successful transaction, the customer will receive order confirmation via the email they provided.
4) Data Protection:
The online store uses SSL certificates and other security measures to protect customers’ personal and payment data during the payment process.
5) Payment Validation:
For card payments, order delivery will only occur after successful payment confirmation. If the payment is declined, the order will not be processed.
6) Refunds:
In case of order cancellation or refunds, the amount will be returned to the card used for the original payment, in accordance with the return and refund policy.
Order confirmation;
7) Contractual Agreement:
Users may enter into a sales contract with the provider without registration by using the relevant functionality in the online store interface.
VI. SPECIFIC SUPPLIER OBLIGATIONS. CONSUMER PROTECTION
Art. 11. The rules of this section VI of the general terms and conditions apply to Users who, according to the data specified for the conclusion of the sales contract or during the registration in the ONLINE STORE, can be concluded that they are users within the meaning of the Law for consumer protection, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of October 25, 2011.
Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each good on the ONLINE STORE website.
(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the ONLINE STORE website.
(3) The value of the postal and transport costs, not included in the price of the goods, is determined by the Supplier and is provided as information to the Users at one of the following times before concluding the contract:
- In the profile of each of the goods on the ONLINE STORE Supplier's website;
- When selecting the goods for the conclusion of the contract of sale;
(4) The method of payment, delivery and execution of the contract is determined in the present general terms and conditions, as well as the information provided to the User on the Supplier's website.
(5) The information provided to the Users under this article is current at the time of its visualization on the Supplier's website before the conclusion of the purchase and sale contract.
(6) The supplier must indicate the conditions for delivery of the individual goods on his website.
(7) The supplier indicates before concluding the contract the total value of the order for all the goods contained therein.
(8) Users agree that all information required by the Consumer Protection Act can be provided through the ONLINE STORE platform interface or by e-mail.
Art. 13. (1) The User agrees that the Supplier has the right to accept advance payment for the contracts concluded with the User for the purchase and sale of goods and their delivery. (2) The User chooses independently whether to pay the Supplier the price for delivery of the goods before or at the time of their delivery.
Art. 14. (1) The user has the right, without paying compensation or a penalty and without giving a reason, to withdraw from the concluded contract within 14 days, counting from the date of acceptance of the goods, using the contract withdrawal form available on the website of the Supplier. Information on exercising the right of withdrawal is available on the Supplier's website. Users may also use another unambiguous statement that can be recorded on a durable medium.
(2) The right of refusal under para. 1 does not apply in the following cases:
1. for the delivery of goods made to the custom order of the user or according to his individual requirements;
2. for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
3. for the delivery of sealed goods that have been unsealed after their delivery and cannot be returned due to hygiene or health protection reasons. This includes underwear, swimwear and other personal-use items that come into direct contact with the skin and have been unsealed (according to Art. 57, p. 5 of the Consumer Protection Act);
4. for the delivery of goods which, after being delivered and due to their nature, have mixed with other goods from which they cannot be separated;
5. for the delivery of sealed audio or video recordings or sealed computer software that have been unprinted after delivery;
6. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications;
(3) When the Supplier has not fulfilled their obligations to provide information, defined in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of up to one year and 14 days, starting from the date of receipt of the goods. When the information is provided to the user within the withdrawal period, it begins from the date of its provision. The user has the right to make the withdrawal statement under this article directly to the Supplier through the withdrawal contract form available on the Supplier's website .
(4) Under the conditions of the preceding paragraph 3, when the User has exercised his right of withdrawal from the distance contract or the off-premises contract, the Supplier shall refund all sums received from the User without undue delay and not later than 14 days from the date on which he was notified of the User's decision to withdraw from the contract. The Supplier refunds the amounts received using the same means of payment used by the User in the initial transaction, unless the User has communicated his express consent to use another means of payment and provided that this is not associated with costs for the User.
(5) When exercising the right of refusal, the costs for returning the delivered goods are paid by the User and the costs of returning the goods are deducted from the amount that the User has paid under the contract. The Supplier has no obligation to reimburse any additional costs for the delivery of the goods when the User has expressly chosen a method of delivery other than the cheapest type of standard delivery offered by the Supplier.
(6) The User undertakes to store the goods received from the Supplier and to ensure the preservation of their quality and safety during the period under para. 1.
(7) The User may exercise his right to withdraw from the contract with the Supplier by making a written statement to the Supplier through the standard contract withdrawal form available on the ONLINE STORE website.
(8) Where the Supplier has not offered to collect the goods himself, he may withhold payment of the sums to the consumer until he has received the goods or until the Consumer has provided proof that he has sent the goods back, whichever has occurred earlier.
Art. 15. (1) The term of delivery of the goods and the moment from which it starts is determined for each good separately when concluding the contract with the user through the Supplier's website, unless the goods are ordered in one delivery.
(2) In the event that the user and the Supplier have not determined a delivery time, the delivery time of the goods is 30 working days, calculated from the date following the sending of the user's order to the Supplier via the online website.
(3) If the Supplier cannot fulfill the contract because they do not have the ordered goods, they are obliged to notify the User of this and to refund the amounts paid.
Art. 16. (1) Upon delivery of the ordered goods, the Consumer undertakes to carefully examine the goods and refuse to receive them in the presence and in front of the courier in the following cases, namely:
- the price of the goods does not correspond to the one indicated in the online store for cash on delivery;
- the delivered goods are different from the ones ordered by the User;
- the product has damaged packaging;
In case of refusal to receive the goods for any of the stated reasons, the Consumer signs a protocol in the presence of the courier, which describes the reason for the refusal and immediately informs the Supplier about it by phone + 359 897886954 or by email: office@lusciouswear.co.
If the Consumer refuses to receive the delivered goods outside of the cases described above, the refusal is considered unfounded and the Consumer is obliged to pay the costs of delivery and return of the goods.
(2) The supplier hands over the goods to the consumer after certifying the fulfillment of the requirements for providing information to the consumer according to the Consumer Protection Act.
(3) The User and the Supplier certify the circumstances under para. 1 in writing at the time of delivery with a handwritten signature, unless otherwise agreed.
(4) The User and the Supplier agree that the requirements under para. 1 will be complied with if the authentication is carried out by a person who, according to the circumstances, can be inferred to pass on the information to the user - a party to the contract.
VII. OTHER TERMS
Art. 17. The Supplier delivers and hands over the goods to the User within the time limit specified in the concluded contract.
Art. 18. The User must inspect the goods at the time of delivery and handover and if the goods do not meet the requirements, to notify the Supplier immediately.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Supplier takes 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 Supplier will send the data only to the e-mail address that was specified by the User at the time of registration.
(3) The Supplier accepts and announces on its website a Policy on the Protection of Personal Data.
(4) The User agree that the Supplier has the right to process their personal data, necessary for the fulfillment of the orders in the online store and the performance of the contract.
Art. 20. (1) At any moment, the Supplier has the right to require the User to identify himself and to certify the reliability of each of the circumstances and personal data announced during registration.
(2) In the event that for some reason the User has forgotten or lost their username and password, the Supplier has the right to apply the announced Procedure for lost or forgotten usernames and passwords.
IX. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
Art. 21. (1) These general terms and conditions may be amended by the Supplier, of which the latter will notify all registered Users in an appropriate manner. (2) The Supplier and the User agree that any addition and amendment to these general terms and conditions will be effective and apply to the User after the Supplier has expressly notified him and if the User does not state within the 30-day period granted to him that he rejects them.
(3) The User agrees that all statements of the Supplier, in connection with the amendment of these general terms and conditions, will be sent to the e-mail address specified by the User during registration. The user agrees that e-mails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective and apply to them.
Art. 22. The supplier publishes these general terms and conditions on its website together with all additions and amendments to them.
X. TERMINATION
Art. 23. These general conditions and the User's contract with the Supplier are 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 agreement of the parties in writing;
- unilaterally, with notice from each party in case of non-fulfilment of the obligations of the other party;
- in case of objective inability of one of the parties to the contract to fulfill its obligations;
- when the equipment is seized or sealed by state authorities;
- in case of deletion of the User's registration on the ONLINE STORE site. In this case, the concluded but unexecuted sales contracts remain valid and enforceable;
- in case of exercising the right of refusal according to Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the respective ordered goods is terminated, if the right of withdrawal from the contract is applicable for the relevant category of goods.
XI. OTHER TERMS
Art. 24. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.
Art. 25. The laws of the Republic of Bulgaria shall apply to matters not settled in this contract, related to the implementation and interpretation of this contract.
Art. 26. All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.