GENERAL TERMS AND CONDITIONS OF USE of beautybakery.bg
- SUBJECT MATTER
This document constitutes both (1) the general terms or conditions of use of beautybakery.bg that govern the rules for the use of beautybakery.bg, including the singing of a sales contract with a trader from this e-store, and (2) the agreement made by and between the seller and the customer for the purchase and sale through beautybakery.bg.
- SELLER DETAILS
2.1. SK Trade OOD is a company, having its headquarters and registered office at 79 G. M. Dimitrov Blvd., Sofia, Bulgaria, and its correspondence address at 79 G. M. Dimitrov Blvd., Sofia, Bulgaria, and VAT Identification Number: BG202609120
2.2. SK Trade OOD administers the Beauty Bakery online store in the form of the beautybakery.bg website SK Trade OOD will be hereinafter referred to as BB below.
2.3. You can contact BB at the address above, at +359 898 781 111, or at firstname.lastname@example.org.
2.4. A seller on the BB e-commerce platform can be any person who offers goods or services to third parties for commercial purposes and has signed a contract with BB.
3.1. Buyer – a person of the age of 18 or over, who has concluded a distance purchase contract through the Beauty Bakery e-commerce platform.
3.2 Seller –SK Trade OOD, hereinafter referred to as BB.
3.3. Platform – the beautybakery.bg domain and its subdomains.
3.4. Customer – any natural person or legal entity using the Platform in any way, including but not limited to looking through it, making orders through it, making purchases, returns of goods, and performing any other action through it.
3.5. Account – a section of the Platform formed by an email address and password that allows the Customer to place an Order and which contains information about the Customer and the history of some of their actions on the Platform (Orders, tax invoices, etc.).
3.6. Favorites – a section in the account that allows the customer to create their own lists.
3.7. List – a webpage in the Customer’s account in the Favorites section where the Customer can add products of interest.
3.8. Order – an electronic document representing a communication form between BB and the Customer through which the Customer states to BB, through the Platform, their intention to purchase Goods and Services from the Platform.
3.9. Product(s)/Goods – any subject matter of a purchase contract concluded by and between a Buyer and a Seller through the Platform.
3.10. Campaign – any commercial communication aimed at promoting the Platform, the BB brand, or certain Goods that are available in limited quantities, unless expressly stated otherwise in the commercial communication, for such period of time as specified by the Seller.
3.11. Contract – is the distance contract concluded between the Seller and the Buyer for the purchase and sale of Goods and/or Services through the Platform, of which these General Terms and Conditions of use of the Platform shall be an integral part.
- all information on the Platform that is accessible through an Internet connection and using a device that has an Internet connection;
- the content of any message from the Buyer to BB sent by electronic means and/or any other available means of communication;
- any information provided in any way by a BB employee/worker to the Customer by electronic or other means of remote transmission;
- any information related to the Products and/or the applicable tariffs of the Seller within a certain period of time;
- any information regarding Customers and related to the Products and/or the applicable tariffs of any third parties with whom the Seller has made some form of partnership agreements;
- Seller details.
3.13. Newsletter – a means of communicating from time to time the Products offered by the Seller, sent electronically via e-mail.
3.14. Transaction – an action taken by BB to recover an amount paid by the Buyer as a result of the termination, waiver or non-execution of a contract for a purchase through the Platform, made solely by bank transfer.
3.15. Specifications – all features and/or descriptions of Goods as laid down in their description.
3.16. Recommended prices – prices shown on the Platform as recommended are those recommended by the manufacturer of the relevant brand Product or by the BB suppliers. BB shows these prices on the Platform close to the price at which BB offers the relevant Product to its Customers.
- GENERAL PROVISIONS
4.1. These General Terms and Conditions are mandatory for all Customers on the Platform.
4.2. Any use of the Platform means that you have (a) carefully consulted the General Terms and Conditions of Use of the Platform and (b) you have agreed to abide by them unconditionally.
4.3. The General Terms and Conditions may be changed unilaterally by BB at any time by updating them. Such changes shall take effect immediately.
4.4. BB has the right to make changes to the terms and conditions of use at any time in its sole discretion or if they are imposed by virtue of a legally enforceable instrument.
4.5. In any case of changing the General Terms and Conditions, BB will inform its Customers about it by posting the changes on the Platform. In this regard, you as a Customer have a duty to check for any changes to the General Terms and Conditions of the Platform every time you use it.
4.6. If any of the provisions of these General Terms and Conditions of use of the Platform are found to be invalid or unenforceable, for whatever reason, such invalidity or enforceability shall not make any other provisions invalid or enforceable.
4.7. BB makes great efforts to maintain the accuracy of the information provided on the Platform. However, given the possible technical errors or omissions in this information, BB specifies that product images are illustrative and guiding, and the products delivered may differ from the images.
4.8. The characteristics or pricing of the products described on the Platform may be changed by BB at any time. For technical reasons, they may contain errors for which BB apologizes to its Customers in advance.
4.9. It is possible, due to the limited space and the consistent structure of the information, that product descriptions are sometimes incomplete. However, BB strives to provide the most relevant and important information.
4.10. All goods, including those in discount/sales, are sold and delivered until running out of stock even if this is not explicitly specified on the Platform.
- CONCLUDING A CONTRACT
5.1. The Customer expresses a desire to order and buy a Product through the Platform by making an online Order, which is registered by the Customer or by a BB employee on behalf of the Customer.
5.2. BB will give the Customer a notice to register the Order in the BB system, which shall not mean that BB accepts, confirms or undertakes a commitment to complete such Order. This BB notice shall be give electronically (via email) or by phone.
5.3. Therefore, the Seller has the right not to deliver any or all of the Products contained in the Order for a variety of objective reasons, including but not limited to running out of stock. In any case, BB notifies the Customer by email. In such case, the sole responsibility of the Seller is to return the Product price that might have been paid in advance.
5.4. The distance-purchase contract by and between the Seller and the Customer is deemed to have been concluded when the Customer receives via email or SMS a notice that the Product ordered is ready for dispatch.
5.5. The purchase contract concluded by and between the Customer and the Seller shall consist of these General Terms and Conditions and any possible additional arrangements made by and between the Seller and the Buyer.
- ONLINE SALES POLICY
6.1. Access to the Platform for the purpose of registering a Purchase Order is allowed to any Customer.
6.2. BB reserves the right, in its sole discretion, to limit the access of any Customer to the order placement process and/or any of the possible payment methods if BB considers that this would be to the detriment of BB in any way. In such case, the Customer shall only have the right to contact BB’s Customer Service to obtain information about the reasons which have led to the above mentioned measures. BB shall not be liable for any damages that the Customer has suffered or may suffer as a result of this decision, whether or not such decision was right or reasonable.
6.3. The communication with the Seller may be effected through a direct link or by the contact details given on the Platform in the “Contact” section.
6.4. In the event of unusually high online traffic, BB reserves the right to require Customers to manually enter the captcha validation codes to protect the information published on the Platform.
6.5. BB may publish advertising or promotional information about the Products and/or the promotions offered by BB or other traders on the Platform for a certain period of time.
6.6. All Product prices on the Platform are final, in BGN, and include VAT and all other statutory taxes or charges.
6.7. In the case of online payments or bank transfer payments, the Seller shall not bear any liability for any costs for any fees, commissions or other additional payments incurred by the Buyer or Buyer’s bank for the transaction, and in the case of currency exchanges, applied by the bank that issued the Customer’s card, when the currency is other than BGN. Any card payment to BB is considered as an international payment by the banks in Bulgaria, and according to their card and card payment rules for such transactions some banks charge additional fees. The same applies to the transactions that BB makes to the Customer, whether doing so in connection with the recovery of any payment to the latter or for any other reason. The costs associated with such payments are solely at Buyer’s expense. Therefore, BB advises its customers to consult their bank about any additional fees that may be charged to them for online payments or payments made through a bank.
6.8. All images posted on the Platform have the sole purpose of generating some insight into the type of the offered Product rather than presenting it accurately. Therefore, some of the Images of the Platform (static/dynamic images/multimedia presentations, etc.) may not fully meet the appearance of the Product in question. The Seller will not be held responsible for such discrepancies.
VII. USE OF SUBCONTRACTORS
The Seller has the right to use subcontractors for the fulfilment of Seller’s obligations under the distance purchase contract concluded through the Platform without the need to notify the Buyer or obtain Buyer’s consent to do so. The Seller shall be responsible for the actions of such subcontractors as their own.
VIII. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
8.1. The content as defined in the Definitions chapter, including but not limited to the logos, any graphic images or inscriptions, trade symbols, dynamic symbols, texts and/or multimedia content on the Platform, are exclusive property of BB.
8.2. BB has and reserves all intellectual property rights in any way connected with the Platform, whether being its own or obtained through contractual licenses or in any other lawful manner.
8.3. Nothing in the distance contract concluded by and between BB and the Customer shall be deemed to be a permission by BB for the Customer to copy, distribute, publish, make available to third parties, modify in any way any part of the Content, including but not limited to the content of trademarks, logos, the multimedia content of the Platform or the descriptions of Products in any way, including by introducing any content external to the Platform, removing the marks showing BB’s title in the Content. The Customer may not transfer, sell or distribute any material created by reproducing (copying), modifying or publishing the Content except with the explicit consent of BB.
8.4. Any Content to which the Customer has access, regardless of the means of access, is subject to regulation under these General Terms and Conditions.
8.5. The Customer may only copy, transfer, and/or use the Content for personal non-commercial purposes unless this is contrary to the provisions of this chapter.
8.6. The Customer may only use the Content for commercial purposes upon BB’s written consent to do so and only in such portion, in such manner, to such extent of use, and within such periods of time that such consent is expressly given. Any subsequent or different use of the Content will be considered a breach of this Contract between BB and the Customer and a violation of the Intellectual Property Rights of BB, who shall have the right to hold Customer’s liable for such breach or violation.
8.7. Simply sending the Customer or referring to all or any of the Content shall not mean that BB agrees to allow the Customer to use all or any of the Content for any purposes, other than its personal needs, regardless of the communication means used by BB.
8.8. Any use of the Content for any purpose other than those expressly permitted herein or in any other explicit written consent given by BB is forbidden.
9.1. The Customer may place Orders on the Platform by adding the Products that the Customer desires to purchase by following the steps specified on the Platform to complete and send the Order.
9.2. Any Product added to the shopping cart can be purchased if in stock. Adding a Product to the shopping cart without completing the Order does not result in the order being confirmed and the Product being automatically saved.
9.3. By confirming the Order, BB confirms the delivery of only one item of the relevant Product in the registered Order. The remaining items of the relevant Product model will be further confirmed or denied depending on the available quantities.
9.4. The Customer undertakes and is responsible for ensuring that all details that the Customer has provided to BB in connection with the Order are complete and accurate as of the date of dispatch of the Order.
9.5. By sending the Order, the Customer authorizes BB to contact the Customer in any possible way when this is necessary in connection with the Order or the Contract.
9.6. The Seller has the right to refuse to complete (cancel) the Order placed by the Customer. The Seller shall notify the Customer of such refusal/cancelation. Cancelling an Order shall not entail any liability or further obligation of either party to the other party in relation to such Order, and none of them shall have the right to seek damages from the other party for such cancellation in the following cases:
- non-acceptance of the online payment transaction by the Customer’s bank;
- upon an online-payment transaction, the money is not received in the Seller’s account;
- the details provided by the Customer on the Platform is incomplete and/or incorrect.
9.7. The Customer shall bear all direct costs of returning Products offered by BB if the Customer withdraws from the distance purchase contract and declares this within the withdrawal period granted thereto by BB. This period shall commence on the date of receipt of the purchased Product by the Buyer or by any third party other than the carrier. The Customer shall return the Product to SK Trade OOD, 79 G. M. Dimitrov Blvd., Sofia, and in the meantime notify the Seller of this at email@example.com or by phone at +359 898 781 111.
9.8. The Seller shall refund the price of the distance purchase contract from which the Customer has withdrawn within fourteen (14) days from the date on which evidence is submitted by the Customer that the latter has returned the relevant Product. The amount will be refunded as follows without incurring any additional costs to the Customer, unless the Customer’s Bank charges any fees:
- Payments made by debit or credit card – by refund to the bank account used for the payment;
- Payments made on cash-on-delivery basis – to a bank account additionally submitted by the Customer
9.9 The Seller may delay the refund in case of Customer’s withdrawal from a concluded Contract until receipt of the Products sold or until receipt of proof that they have been sent in case the Seller has not offered to take the Products himself, whichever occurs earlier.
9.10. All Customers shall have the right to withdraw from a distance purchase contract and return any goods offered by BB, provided that when more than one piece of a brand and model has been ordered, the packaging of only one piece has been opened, and the rest of the goods are returned to the Seller unpacked.
9.11. By creating an Account, the Customer has the opportunity to use a section called “Favourites”, in which the Customer can create Lists.
- GOODS/SERVICES FOR WHICH THE CUSTOMER HAS NO RIGHT OF WITHDRAWAL
The Customer has no right to withdraw from a concluded Contract in the following cases:
- upon delivery of Goods whose price depends on the financial market fluctuations that are beyond Seller’s control and which may occur during the period of exercising the right of withdrawal;
- upon delivery of custom-made Products ordered by the Customer or Products made according to Customer’s individual requirements;
• upon delivery of Products that by their nature may deteriorate or have a short shelf life;
- On delivery of sealed goods that have been unsealed upon delivery and cannot be returned for hygiene or health protection reasons;
- upon delivery of Products that, after being delivered and by their nature, have been mixed with other goods that they cannot be separated from;
- in all other cases provided by law.
11.1. The Customer agrees that by providing any personal or other details to BB, BB may use them for the following purposes: (1) maintaining the Customer’s account, including registering orders, sending ordered products, providing the services ordered, invoicing, resolving disputes with Customers regarding any Orders placed thereby or handling any claims they might have; (2) sending Newsletters or periodic notices via email or SMS; (3) conducting market research, tracking and monitoring sales and customer/consumer behavior.
11.2. The Customer agrees to provide BB with unlimited amount and time of access to any materials and information that the Customer sends to the Seller through or in connection with the Platform, whether or not the Customer has placed an Order and made a transaction through the Platform. BB has the right to use, reproduce, publish, modify, transmit and distribute such information or materials. The Customer expressly agrees that BB may freely use and process for its own purposes the ideas, concepts or know-how that the Customer has given thereto in any way through or in connection with the Platform or the actions/omissions that the Customer has taken and made through or in connection with the Platform. BB has no obligation to keep such information as confidential, unless otherwise provided for by the applicable law.
11.3. By providing any personal details to BB (including email), the Customer expressly agrees to be contacted by BB or any third parties that are BB’s partners, such as couriers, marketing service providers, government, municipal or non-governmental agencies or companies providing insurance or financial services, when this is provided for by the applicable legislation, and any other companies with which BB may develop common programs for the offering of Products on the market, etc.
11.4. By providing personal details to BB, the Customer expressly agrees for such details to be included in a database of BB, who is entered in the Bulgarian Personal Data Protection Commission Register under number 432881 and gives its explicit and unequivocal consent that such data be stored, used and processed for the objectives mentioned in paragraph 11.1.
12.1. Once the Customer creates an account on the Platform, the Customer may agree to receive Newsletters.
12.2. The Customer may refuse to receive Newsletters at any time using the special link that can be found in any Newsletter or by contacting BB in any other way, including but not limited to sending an email to firstname.lastname@example.org, by phone at +359 898 781 111, by mail or otherwise.
12.3. A refusal to receive Newsletters shall not mean an automatic withdrawal from the agreement to conclude this contract.
XIII. BILLING – PAYMENT
13.1. The Product prices shown on the Platform are final and include VAT as well as any other taxes and fees provided for by the applicable law.
13.2. The price, method of payment, and payment period when issuing invoices are specified in each Order.
13.3. The Customer is required to provide all necessary information for the issue of the invoice in accordance with the applicable Bulgarian law.
13.4. The Seller will issue to the Customer an invoice for the Products ordered and delivered based on the information provided by the Customer.
13.5. BB shall issue an invoice for each payment of an Order by which the Customer has purchased a Product offered by BB on the Platform and shall deliver such invoice together with the Products delivered.
13.6. For the purpose of proper invoicing the Customer must update the data in their account all the time. The Customer is required to review the information given in the relevant Order to make sure it is complete, true and accurate.
13.7. The Customer will have a register of the Orders placed thereby on the Customer’s Account.
13.8. In the event that more than one address is stored on the Customer’s Account, the Product(s) ordered will be delivered to the one specified as the primary address.
XIV. DELIVERY OF GOODS
14.1. The Seller shall deliver any ordered and purchased Products personally or by courier to an address specified by the Buyer or to an office of the courier company, whichever the Customer desires.
14.2. The Seller shall ensure the proper packaging of the Products and the sending of the accompanying documents. If by any chance the shipment does not contain a document that is required for the product ordered, please contact us by email at email@example.com and we will do our best to provide you with that document as soon as possible.
14.3. The Seller shall deliver Products only within Bulgaria. The cost of delivery of an Order amounting to less than BGN 100 (VAT included) to the Customer’s address shall be BGN 5. Orders above the said amount shall be delivered free of charge.
15.1. The Seller offers all Products on the Platform with a guarantee of conformity of the goods with the Contract in accordance with the applicable law. An exception is made for certain categories of goods due to their very nature cannot be guaranteed.
15.2. Some of the Products have warranty certificates issued by the manufacturer and some Products have warranty certificates issues by BB.
15.3. The warranty certificates issued by BB can be found on the Platform.
15.4. Any repair of Products beyond the warranty period or within the warranty period but provided that Seller’s obligation to bring the Products into compliance with the Sales Contract is void for any reason, is payable by the Buyer and is done within such period of time as agreed upon by and between the parties.
15.5. For any claims and complaints related to any goods and/or service purchased, Buyers must contact the Customer Service using the contact details specified in these General Terms and Conditions. Any Buyer can also make a claim by filling in the standard contract withdrawal form under the Consumer Protection Act and send it by email. The form can be copied from here:
STANDARD CONTRACT WITHDRAWAL FORM
/name of trader/
/address, Company ID Code/
I hereby advice you that I am withdrawing from the contract I have concluded for the purchase of the following goods/services:
The goods were ordered on ………………….
The goods were received on ………………….
/indicate the date of receipt by Customer/
………………………………………………………………………../Customer name /
City/town/village ……………………………………………………………. /Customer address /
/Date/ /Signature of Customer/
XVI. TRANSFER OF TITLE
16.1. The title in the Products shall be transferred from the Seller to the Buyer upon Buyer’s payment. The delivery of the Products shall be certified by Buyer’s signature on the transport document provided by the courier.
The Seller shall not be liable for any damage suffered by the Buyer as a result of force majeure or any other circumstances beyond Seller’s control.
XVII. PERSONAL DATA PROCESSING
18.1. BB is registered in the Bulgarian Personal Data Protection Commission under number 432881
18.2. According to the requirements of the Bulgarian Personal Data Protection Act regarding the processing of personal data and their free movement, as subsequently amended and supplemented, BB is obliged to process personal data under such conditions that guarantee their preservation and prevent their accidental loss and must only be used for the stated purposes.
18.3. The purpose of data collection is to: notify Customers of the information on their Accounts, notify Buyers of the status of their Orders, evaluate the Products offered, carry out other commercial activities, advertise Products, provide marketing, advertising, media, and research services, to research the market, to track and monitor sales and customer behavior.
18.4. By filling in the details on the Create Your Account Form and/or on the Place an Order Form, the Customer declares and accepts unconditionally that their personal data will be included in the BB database which is registered in the Bulgarian Personal Data Protection Commission under No 432881 and gives its explicit and unambiguous consent that all such data be archived, used and processed for the purposes described in paragraphs 11.1 and 19.3 of these General Terms and Conditions.
18.5. Every Buyer is deemed to be informed hereby that the Buyer is guaranteed the rights provided for by the Bulgarian law, such as the right to information, the right to change his/her personal data, the right to object, the right to refer to the court in case of any violation of its rights guaranteed by Bulgarian Personal Data Protection Act with regard to the Processing of personal data and the free movement of such data.
18.6. Every Customer has the right to file a written application, dated and signed thereby, and send it to: 79 G. M. Dimitrov Blvd., Sofia, for the attention of SK Trade OOD, to exercise their right to obtain information whether their personal data has been processed or not, free-of charge.
18.7. Every Customer may exercise their right to change their personal data by submitting a written request, dated and signed, 79 G. M. Dimitrov Blvd., Sofia, for the attention to SK Trade OOD, for the following purposes:
- correcting, updating, blocking or deleting data whose processing does not comply with the Bulgarian Personal Data Protection Act with regard to the processing of personal data and the free movement of such data, especially incomplete and inaccurate data;
- converting data into anonymous data, whose processing does not comply with the Bulgarian Personal Data Protection Act with regard to the processing of personal data and the free movement of such data;
- Giving notice to the third parties to whom the personal data provided for processing belong, unless this proves impossible or involves excessive efforts with regard to the legitimate interest that may be affected.
18.8. The Buyer agrees and authorizes BB to provide Buyer’s personal data to other companies to which BB is affiliated but only if the such companies have undertaken to store and process Buyer’s data in accordance with the law.Such companies are: marketing services providers, couriers providing payment/banking services, telemarketing or other services provided by companies with which BB can develop joint marketing programs for any BB Products, insurance companies.
18.9. Buyer’s personal data may be provided to the Prosecutor’s Office, the police, judicial institutions or other public authorities, if provided for by and within the framework of the law and as a result of an explicit request made by such authorities.
XIX. FORCE MAJEURE
19.1. Neither party shall be held liable for any failure to perform its contractual obligations if such failure is due to force majeure. Force majeure shall be any unforeseeable event beyond the control of the parties that cannot be avoided.
19.2. If a force majeure event does not cease within fourteen (14) days of the date of its occurance, either party shall have the right to notify the other party that it terminates the Contract without owing to the other indemnity for any damage suffered.
- APPLICABLE LAW – JURISDICTION
20.1. This contract shall be governed by the Bulgarian law. Any disputes arising between BB and the Customer shall be resolved by mutual agreement or, if that proves to be impossible, shall be referred to the competent Bulgarian courts in Sofia without infringing the consumer rights provided for by the Consumer Protection Act.
20.2. To any matters unsettled herein the E-Commerce Act shall apply.