General terms
of the e-shop "Brillmonde Jewelry"
I. SUBJECT
Art. 1. These General Terms and Conditions ("General Terms and Conditions") are intended to regulate the relations between "Brillmonde" Ltd., registered in the Commercial Register at the Registry Agency under UIC: 0248106309, with its registered office and registered address in Bulgaria, Sofia, hereinafter referred to as "Supplier", and the customers, hereinafter referred to as "Users", of the electronic store "Brillmonde Jewelry" ("Online Store"), owned by the Supplier.
II. DETAILS OF THE SUPPLIER
Art. 2. (1) Information pursuant to the E-Commerce Act and the Consumer Protection Act concerning the Supplier.
(2) Supervisory authorities:
1. 1.
Address. 1592, Sofia, 1592, Sofia Str. "1592, Proff. 2,
tel. (02) 91 53 519, fax: (02) 91 53 525
E-mail: kzld@cpdp.bg
website: www.cpdp.bg
2. Commission for Consumer Protection
Address. 1000, Pl. "1000, Slaveykov Str. 4A, et. 3, 4 и 6,
Tel. (02) 933 05 65
Fax: (02) 988 42 18
hotline: 0700 111 22
Email: info@kzp.bg
Website: www.kzp.bg
III. FEATURES OF THE E-SHOP
Art. 3. The e-shop is an e-commerce platform available at https://brillmonde.com, through which Users have the opportunity to conclude contracts for the purchase and delivery of the goods offered by the Supplier in the e-shop, including the following:
1. To familiarize themselves with and review the goods, prices and delivery conditions offered by the Supplier;
2. To inform themselves about the nature and main characteristics of the goods;
3. To conclude with the Supplier contracts for the purchase and delivery of the goods offered in the Online Shop;
4. To make electronic statements in connection with the conclusion, performance, execution and termination of contracts with the Supplier through the interface of the website www.brillmonde.com, including through tools and applications for mobile devices available on it;
5. To be notified of the rights arising from the law;
6. To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.
Art. 4. The Supplier shall organise the delivery of the goods and guarantee the rights of the Users provided for by law, within the framework of good faith, the criteria and conditions accepted in practice, consumer or commercial law.
Art. 5. (1) The Users shall conclude with the Supplier a contract for the purchase of goods in accordance with the procedure set out in Art. 8. The contract shall be concluded in Bulgarian and stored in the Supplier's database on the Platform.
(2) Users shall have the opportunity to review and correct any errors in the input of information no later than the statement of conclusion of the contract with the Supplier. The identification and correction of errors pursuant to the preceding sentence may be carried out by editing the order form at any time up to the time of the statement of conclusion of the contract with the Supplier.
(3) By virtue of the contract for the purchase of goods concluded with the Users, the Supplier undertakes to arrange the delivery and transfer of ownership to the User of the goods specified by him through the interface in the Online Shop.
(4) The Users shall pay the Supplier remuneration for the goods delivered, in accordance with the terms set out in the E-shop and these General Terms and Conditions. The remuneration shall be in the amount of the price announced in the Online Shop.
IV. USE OF THE E-SHOP
Art. 6. (1) The E-shop can be used after registration in the E-shop and creation of a User profile or without prior registration.
(2) The registration of the User in the E-shop is free of charge, voluntary and is carried out in the relevant section of the E-shop.
(3) Regardless of whether or not the User registers in the E-shop, in order to use the E-shop to conclude contracts for the purchase and sale of goods, the User shall enter the following data: first name, surname, e-mail address, contact telephone number, delivery address and agree to these General Terms and Conditions.
(4) By filling in his/her details and clicking on the "PAY" button and indicating his/her agreement to the General Terms and Conditions, the User declares that he/she is familiar with these General Terms and Conditions, agrees with their contents and undertakes to comply with them unconditionally.
(5) The Supplier confirms the order made by the User by sending an electronic statement to the e-mail address indicated by the User or by a telephone call to the telephone number indicated by the User and a contractual relationship under a contract for the purchase and sale of goods shall arise between the User and the Supplier.
(6) When registering or placing an order, the User undertakes to provide correct and up-to-date data. The User undertakes to promptly update the data provided in his/her profile in the Online Shop or in the order in the event of a change in the data provided.
(7) If the User provides incorrect information or the Provider has reasons to assume that the information provided by the User is incomplete or unreliable, the Provider shall have the right at its discretion to block or delete the User's registration and to deny the User the use of the Online Shop.
V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT
Art. 7. Users shall primarily use the interface of the E-shop page, including the tools and applications for mobile devices available on it, to conclude purchase contracts for the goods offered by the Supplier in the E-shop.
Art. 8. The User and the Supplier shall conclude the contract for the purchase and sale of the goods in the Online Shop according to the following procedure:
1. The User selects one or more of the goods offered by the Supplier for which a purchase contract is to be concluded.
2. The User fills in an order form and provides the necessary data for the User's individualization as a party to the contract for the purchase of goods;
3. The User selects the delivery method and provides the details for making the delivery.
4. The User selects the method and time of payment of the price.
5. The User submits the order (offer) by clicking on the "PAY" button, after having indicated his agreement to the General Terms and Conditions and the Privacy Policy.
6. The Provider confirms the User's order (accepts the User's proposal) by sending an electronic statement to the e-mail address provided by the User or by making a telephone call to the telephone number provided by the User. The Supplier shall provide the User with a confirmation of the concluded contract on a durable medium within a reasonable time after the conclusion of the distance contract or at the latest at the time of delivery of the goods.
VI. CONTENT OF THE CONTRACT
Art. 9. (1) The Supplier and the Users shall conclude separate contracts for the purchase of the goods requested by the Users, notwithstanding that they are selected by a single electronic statement.
(2) The Supplier may jointly and simultaneously arrange for the delivery of the goods ordered by the separate purchase contracts.
(3) The rights of the Users in connection with the delivered goods shall be exercised separately for each purchase contract. The exercise of rights in relation to delivered goods shall not affect or have effect in relation to the purchase contracts for the other goods. If the User is a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the purchase contract for a particular good shall not affect the purchase contracts for the other goods delivered to the User.
(4) The Supplier shall have the right, at its sole discretion, to refuse to execute an order of a User, for which the Supplier shall notify the User within an appropriate period of time, without being obliged to state a reason for the refusal.
Art. 10. When exercising the rights under the Purchase Contract, the User shall be obliged to indicate precisely and unambiguously the contract and the goods in respect of which he exercises the rights.
Art. 11. The User shall pay the price for the individual purchase contracts in one lump sum when ordering the goods or upon their delivery.
VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO ARE CONSUMERS WITHIN THE MEANING OF THE CONSUMER PROTECTION LAW
Art. 12. The rules of this Section VII of these General Terms and Conditions shall apply only to Users who, according to the data provided for the conclusion of the purchase contract, may be inferred to be consumers within the meaning of the Consumer Protection Act.
Art. 13. (1) The main characteristics of the goods offered by the Supplier in the Online Shop are described in the profile of each product in the Online Shop.
(2) The prices of the goods including all taxes and fees are defined and indicated in the profile of each good in the Electronic Shop.
(3) The value of postage or transport costs not included in the price of the goods is determined by the Supplier in the Online Shop and is provided as information to Users when selecting the goods for the conclusion of the purchase contract.
(4) The methods of payment, delivery and performance of the contract shall be defined in these General Terms and Conditions and the information provided to the User through the mechanisms and tools in the Online Shop.
(5) The information provided to the Users under this Article is up-to-date at the time of its display in the Online Shop prior to the conclusion of the Purchase Agreement.
(6) The Users agree that all information required by the Consumer Protection Act and the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods may be provided via the interface of the Online Shop or by e-mail.
Art. 14. (1) The User agrees that the Supplier shall be entitled to accept advance payment for contracts concluded with the User for the purchase and delivery of goods.
(2) In accordance with the options provided in the Online Shop, the User shall choose whether to pay the Supplier the price for delivery of the goods before or at the time of delivery.
(3) If the value of the User's order is equivalent to or exceeds BGN 10 000, payment shall be made only by transfer or deposit to the Supplier's payment account.
Art. 15. (1) The User shall have the right, without any compensation or penalty and without giving any reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by the Supplier, by means of the uniform withdrawal form available on the website of the Online Shop in Appendix No. 1 to these General Terms and Conditions or by stating unambiguously in another way his decision to withdraw from the contract. Information on exercising the right of withdrawal is available in Appendix 2 to these Terms and Conditions.
(2) The right of withdrawal shall not apply in the cases provided for in Article 57 of the Consumer Protection Act.
(3) Where the Supplier has not fulfilled its obligations to provide information as set out in the Consumer Protection Act, the Consumer shall have the right to withdraw from the concluded contract within one year and 14 days from the date of receipt of the goods. Where the information has been provided to the Consumer within one year from the date of receipt of the goods, the Consumer has the right to withdraw from the contract within 14 days from the date of receipt of the information. The User has the right to make the withdrawal statement under this Article directly to the Supplier through the single withdrawal form available on the E-shop website as Appendix No. 1 to these General Terms and Conditions or by stating unequivocally in another way his decision to withdraw from the contract.
(4) Where the User has exercised his right to withdraw from the contract, the Supplier shall refund all sums received from the User, including the cost of delivery, 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 shall refund the amounts received using the same means of payment used by the User in the original transaction, unless the User has expressly agreed to the use of another means of payment and provided that this does not entail any costs for the User.
(5) When exercising the right of withdrawal, the costs of returning the delivered goods shall be deducted from the amounts to be refunded under paragraph 4, except in cases where the User arranges the return of the goods himself and at his own expense. The Supplier shall not be obliged to refund the additional costs of delivery of the goods where the User has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.
(6) The User undertakes to store the goods received from the Supplier on the platform and to ensure that their quality and safety are maintained during the period referred to in par. 1 or par. 3.
(7) Where the Supplier has not offered to collect the goods himself, he may withhold payment of the amounts to the Consumer until he has received the goods or until the Consumer has provided proof that he has sent the goods back, whichever is the earlier.
(8) Where the Consumer exercises his right to withdraw from the contract and where the Supplier has not offered to collect the goods himself, the Consumer must send or hand the goods back to the Supplier or to a person authorised by him without undue delay and not later than 14 days from the date on which the Consumer has notified the Supplier of his decision to withdraw from the contract. The deadline shall be deemed to have been met if the User sends or delivers the goods back to the Supplier before the expiry of the 14-day period.
(9) The Consumer shall pay only the direct costs of returning the goods under the preceding paragraph, except where the Supplier has agreed to pay them, or where the Supplier has not notified the Consumer that the costs of returning the goods shall be paid by the Consumer.
(10) The User shall only be liable for the reduced value of the goods caused by testing them other than as necessary to ascertain their nature, characteristics and proper functioning. The User shall not be liable for the reduced value of the goods where the Supplier has not notified him of his right of withdrawal.
Art. 16. (1) The delivery period of the goods shall be determined for each good separately upon conclusion of the contract with the consumer via the Online Shop.
(2) If the Supplier is unable to fulfil the contract due to the fact that he does not have the ordered goods, he shall notify the Consumer and refund the amounts paid by him.
VIII. PERFORMANCE OF THE CONTRACT
Art. 17. (1) The Supplier may arrange for the delivery and handing over of the goods to the User by an appropriate courier within the time limit specified at the conclusion of the contract.
(2) If the time limit referred to in par. (1) is not expressly agreed between the parties at the conclusion of the contract, the Supplier shall arrange delivery and handover within a reasonable time. If the Supplier fails to arrange delivery within the specified period, the Supplier shall notify the User in advance.
(3) If the User is not present at the specified delivery address at the agreed delivery time and has not duly provided a third party to receive the delivery, the Supplier shall make the delivery at another time convenient to the Supplier, and the User shall pay an additional delivery charge in accordance with the courier's or postal operator's tariff.
Art. 18. (1) The User shall inspect the goods at the time of delivery and handover and if they do not meet the requirements shall notify the Supplier immediately.
(2) If the User fails to notify the Supplier in accordance with the preceding paragraph, the goods shall be deemed to have been approved as conforming except for latent defects.
IX. DATA PROTECTION
Art. 19. (1) The Supplier shall process the personal data provided by Users in accordance with its Privacy Policy and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the Personal Data Protection Act and other provisions of the applicable Bulgarian legislation on personal data protection.
(2) The Provider's Privacy Policy is available at: https://.................................., and is an integral part of these Terms and Conditions.
(3) The Provider shall be entitled to store or access information stored on the User's end device in accordance with the "Cookie Policy", provided that:
1. The Provider has provided the User with clear and comprehensive information pursuant to Article 13 of Regulation (EU) 2016/679; and
2. The Provider has given the User the opportunity to refuse the storage of or access to the information.
(4) The User agrees that the Provider has the right to collect, store and process data about the User's behaviour when using the Online Shop. The User has the right to object to the storage of or access to the information referred to in paragraph 2 in the ways provided for in the Privacy Policy.
Art. 20. At any time, the Provider shall have the right to require the User to identify himself and to certify the veracity of any of the circumstances and personal data declared at the time of registration on the Platform and/or execution of the order.
X. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
Art. 21. (1) These General Conditions are an integral part of the Contract concluded between the Parties.
(2) By concluding the Contract, the User declares that he/she is aware of these General Terms and Conditions and accepts them.
(3) The User and the Provider agree that all statements between them in connection with the conclusion, performance, amendment and termination of the Contract and these General Terms and Conditions may be made electronically and by electronic statements within the meaning of the Electronic Document and Electronic Certification Services Act and Article 11 of the Electronic Commerce Act.
(4) Electronic statements made by the Users of the Online Shop shall be presumed to have been made by the persons indicated in the data provided by the User when the User registered in the Online Shop or when the User sent an order (offer) without registration.
(5) The User agrees to receive all statements, documents and notices of the Provider in electronic form at the e-mail address provided by the User when registering in the Electronic Shop or when placing an order (proposal).
(6) Electronic statements, documents and any messages sent by the User to the Provider via the e-mail address indicated by the User when registering in the Electronic Shop or when placing an order (proposal) shall be deemed to be signed with an ordinary electronic signature. The electronic statement shall be deemed to have been received upon its receipt in any of the information systems indicated by the User under the preceding sentence.
(7) The parties agree that the legal effect of an ordinary electronic signature is equivalent to that of a handwritten signature.
Art. 22. Conditions other than those provided for in the General Terms and Conditions may be agreed by additional written agreements between the Provider and the User. In case of discrepancy between what is agreed in the additional written agreements and the General Terms and Conditions, what is agreed shall prevail.
Art. 23. (1) These General Terms and Conditions may be amended by the Provider, for which the latter shall notify the Users in an appropriate manner.
(2) The Provider and the User agree that any supplementation and/or amendment of these General Terms and Conditions shall have effect with respect to the User in one of the following cases:
1. upon express notification by the Provider to the email address provided by the User, and if the User does not state within the 14-day period provided that it rejects them; or
2. with the User's express acceptance of them when placing an order in the Online Shop.
(3) The application for rejection of an amendment and/or supplement to the General Terms and Conditions within the period referred to in the preceding paragraph shall be tantamount to a unilateral application for termination of the Contract.
Art. 24. The Provider shall publish the General Terms and Conditions, together with all amendments and supplements thereto on the Internet at the following electronic address: office@brillmonde.com.
XI. TERMINATION
Art. 25. These General Conditions and the User's contract with the Provider shall be terminated in the following cases:
1. in case of dissolution and liquidation or bankruptcy of one of the parties to the contract;
2. by mutual agreement of the parties in writing;
3. in the event of objective impossibility of one of the parties to the contract to perform its obligations;
4. in the event of seizure or sealing of the equipment by government authorities;
5. in the event of cancellation of the User's registration in the Online Shop. In this case, the purchase contracts already concluded but not executed shall remain in force and be enforceable;
6. in the cases referred to in Art. 23, par. 3.
Art. 26. The Provider shall have the right to unilaterally terminate the Contract at its own discretion, without giving notice and without compensation, in the event that it finds that the User is using the E-shop in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practices in electronic commerce.
XII. LIABILITY
Art. 27. The User undertakes to indemnify and hold harmless the Provider against all legal actions and other claims by third parties (whether or not well founded), for all damages and costs (including attorney's fees and court costs) arising out of or in connection with (1) the failure to perform any of the obligations under this Agreement, (2) the breach of any copyright, production, broadcast, or other intellectual or industrial property rights, (3) wrongful assignment to others of rights granted to User during the term and subject to the conditions of this Agreement, and (4) misrepresentation of the existence or absence of consumer status within the meaning of the Consumer Protection Act.
Art. 28. The Provider shall not be held liable in the event of force majeure, fortuitous events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.
Art. 29. (1) The Provider shall not be liable for damages caused by the User to third parties.
(2) The Provider shall not be liable for any pecuniary or non-pecuniary damages in the form of lost profits or losses suffered by the User in the process of using or not using the Online Shop and concluding purchase contracts with the Provider.
(3) The Supplier shall not be liable for the time during which the E-shop was unavailable due to force majeure.
(4) The Supplier is not liable for damages from comments, opinions and posts under the products, news and articles in the E-shop.
Art. 30. (1) The Supplier shall not be held liable in the event that the security measures of the technical equipment are overcome and loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences follow.
(2) The Provider shall not be held liable in the event of conclusion of a purchase contract, provision of access to information, loss or alteration of data occurring as a result of false legitimation of a third party posing as the User, if it can be inferred from the circumstances that this person is the User.
XIII. OTHER CONDITIONS
Art. 31. (1) The User and the Provider undertake to protect each other's rights and legitimate interests, as well as to protect their trade secrets which have become known to them in the course of the performance of the Contract and these General Terms and Conditions.
(2) The User and the Provider undertake not to make public any written or oral correspondence between them during and after the term of the contract. The publication of correspondence in print and electronic media, social networks, internet forums, private or public websites, etc. may be considered to be in the public domain.
Art. 32. The possible invalidity of any provision of these General Terms and Conditions shall not invalidate other provisions of the General Terms and Conditions or the contract.
Art. 33. The laws of the Republic of Bulgaria shall apply to matters not covered by this contract relating to the performance and interpretation of this contract.
§1. These General Terms and Conditions shall enter into force on D.MM.2023.
Annex No. 1
Standard form for exercising the right of withdrawal:
(fill in and send this form only if you wish to withdraw from the contract)
- To (the trader's name, address and e-mail address to be completed by
the trader):
- I/We hereby give notice* that I/We hereby withdraw from the contract concluded by
by me/us* of the contract for the purchase of the following goods*/for the provision of the following service*
- Ordered on*/received on*
- Name(s) of consumer(s)
- Address of the user(s)
- Signature of consumer(s) (only if this form is on paper)
- Date
------------------------------------------------------
* Unnecessary deletions are crossed out.
Annex 2
Information on the exercise of the right of withdrawal
Standard withdrawal instructions:
I. Right to withdraw from the contract at a distance or off-premises.
II. You have the right to withdraw from this contract without giving any reason within 14 days.
III. The cancellation period is 14 days from the date (fill in the date according to the contract types specified in point 1, letters "a", "b", "c", "d" or "e" of the Instructions for completion).
In order to exercise your right of withdrawal, you must notify us of your decision to withdraw from the contract in an unambiguous statement (e.g. a letter sent by post or email). You can use the enclosed standard form for exercising the right of withdrawal, but this is not obligatory.
In order to comply with the withdrawal period, it is sufficient to send your communication on the exercise of the right of withdrawal before the expiry of the withdrawal period.
IV. Effect of the withdrawal.
If you withdraw from this contract, we will refund all payments we have received from you, including the cost of delivery (excluding any additional costs associated with your chosen delivery method other than the cheapest standard delivery method offered by us), without undue delay and in any event no later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We will make the refund using the same means of payment used by you in the original transaction, unless you expressly agree to another method; in any event, this refund will not involve any cost to you. (In the case of a contract of sale in which you have not offered to collect the goods in the event of cancellation, the text referred to in point 4 of the Instructions for completion shall be completed).
In cases where the consumer has received goods in connection with the contract (the relevant text may be added in accordance with point 5(a), (b) or (c) of the Filling-in Instructions).
In the case of contracts for the provision of services or for the supply of water, gas, electricity, where these are not offered for sale packaged in a limited volume or quantity, or for district heating (the text referred to in point 6 of the Filling-in Instructions shall be added).
Instructions for completion:
1. Fill in one of the following texts in quotation marks:
(a) in the case of contracts for a service or for the supply of water, gas or electricity, where these are not offered for sale, packaged in a limited volume or in a fixed quantity, for district heating or for digital content which is not supplied in a tangible medium: 'the date on which the contract was concluded';
(b) in the case of a contract of sale: 'the date on which you or a third person other than the carrier and appointed by you took possession of the goods';
(c) in the case of a contract under which the consumer orders multiple goods in a single order which are delivered separately: 'the date on which you or a third party other than the carrier and appointed by you took possession of the last of the goods';
(d) in the case of a contract under which goods are delivered which consist of multiple lots or parts: 'the date on which you or a third person other than the carrier and appointed by you took possession of the last lot or part';
(e) in the case of a contract for the regular delivery of goods over a period of time: 'the date on which you or a third person, other than the carrier and appointed by you, took possession of the first consignment'.
2. (amended, SG No 20/2002, in force from 28.05.2022) Fill in your name, address, telephone number and e-mail address.
3. If you allow the consumer to electronically complete and submit their withdrawal information on your website, complete the following:
"You may also electronically complete and submit the standard cancellation form or other unambiguous cancellation request on our website at (insert internet address). If you use this option, we will immediately send you a message on a durable medium (e.g. by e-mail) to confirm receipt of the opt-out."
4. In the case of a sales contract in which you have not offered to collect the goods in the event of cancellation, complete the following:
"We have the right to postpone the refund until we receive the goods back or until you provide us with evidence that you have sent the goods back, whichever is the earlier."
5. If the consumer has received goods in connection with the contract:
(a) add or:
- "We will collect the goods", or
- "We expect you to send or return the goods to us or to.... (add the name and geographical address, where applicable, of the person authorised by you to receive the goods) without unreasonable delay and in any event not later than 14 days after the day on which you informed us of your cancellation of this contract.
The time limit shall be deemed to have been complied with if you send the goods back to us before the expiry of the 14 day period.";
(b) add:
- "We shall bear the cost of returning the goods.";
- "You must bear the direct costs of returning the goods.";
- if in a distance contract you do not offer to bear the cost of returning the goods and, by their nature, the goods cannot be returned in the usual way by post: 'You will have to bear the direct cost of returning the goods ______ £ (add the amount).', or, if the cost of returning the goods cannot reasonably be estimated in advance: 'You must bear the direct cost of returning the goods. The costs are not expected to exceed approximately ______.
- if, in the case of an off-premises contract, the nature of the goods does not allow them to be returned in the usual way by post and if they were delivered to the consumer's home at the time the contract was concluded: 'We will collect the goods at our expense.', and
(c) add: "You are only liable for any diminution in the value of the goods resulting from testing them other than as necessary to establish their nature, characteristics and proper functioning."
6. In the case of contracts for the provision of services or for the supply of water, gas, electricity where they are not offered for sale packaged in a limited volume or quantity or for district heating, add the following:
"If you have requested that the provision of the services or the supply of water/gas/electricity/central heating (delete as appropriate) commences during the cancellation period, you will pay us an amount which is proportionate to the amount provided up to the time you notify us that you are exercising your right to cancel this contract, in relation to the total contract sum.