GENERAL TERMS FOR THE PURCHASE AND SALE OF GOODS THROUGH THE SITE WWW.ENIGMALEATHER.COM
These terms and conditions constitute the General Terms and Conditions for Distance Purchase - Sale Agreements within the meaning of the Consumer Protection Act between "ALMERA-80" EOOD and its Clients (consumers).
The supplier of the goods offered through the site www.enigmaleather.com ("Site") is "ALMERA-80" EOOD, with EIC 205328907, with headquarters in Sofia, hereinafter referred to as "Supplier", "or "Company". The address at which the Supplier carries out its commercial activity and which is the address for contact with users is: Sofia, Tsar Boris III Blvd. No. 227. The phone number for contacting the Supplier is: (+359) 888 070155.
"User" or "Client" is any person who uses the services of www.enigmaleather.com for the needs of searching for information or in connection with the application of the offered goods through the electronic catalog www.enigmaleather.com.
With each request, the user automatically accepts the present general conditions of www.enigmaleather.com.
With the act of request with the "ORDER" button, you do not conclude a deal with the company, but only state your desire to receive the item to a courier's address or office. Only when the item is paid for by debit or credit card at www.enigmaleather.com is a transaction considered complete. In this sense, with the "ORDER" button, you do not purchase the item until you pay for it to the courier (we offer a COD option).
The company does not guarantee the availability of all announced models. It is possible to refuse a released request. An accepted request is considered only if the item or materials for its manufacture are available, the price and data are correctly filled in by the User and its acceptance is confirmed in writing by our online consultants by e-mail.
The supplier processes the orders within 1 to 5 working days of placing the order. In this term, days off or public holidays are not counted. In case of non-availability of an item or materials for its manufacture, we notify the Clients personally by phone or e-mail. In the event that we are unable to contact the Customer by phone (no answer or phone is not valid) or email (wrongly spelled or invalid email address) within one business day, the request is cancelled. The request can be requested again after the Customer contacts the instructions on the Provider's website for a contact phone number for clarification or after sending a new corrective request.
In the case of an individual order, the deadline for its processing will be specified by phone or in writing. In case of delay on the part of the Supplier, the deadline for processing the order should be agreed by phone or in writing.
The prices indicated on the Supplier's website are prices for one item and are the final prices of the goods, including all taxes and fees.
In addition to the price of the goods, the Customer also pays the delivery costs. Deliveries in the country are made through the courier company SPEEDY, except in cases where the Customer has explicitly indicated another company. The costs for courier delivery with SPEEDY are in the price range 7.80 BGN - 9.90 BGN depending on the weight of the shipment + 2.4% on the price of the item for cash on delivery. A minimal difference in delivery costs is possible depending on the delivery area and the volume of the shipment.
Payment is made by debit or credit card at www.enigmaleather.com or cash on delivery to the courier company. Before the payment of cash on delivery, the Customer has no right to possession of the goods (no right to receive the goods).
After a confirmed (accepted) request, the item is made individually for the Customer - in the size XS, S, M, L, XL or XXL specified by him. The product can also be made according to the Customer's individual sizes, other than those specified in the size table. Enigma Leather online boutique delivers your orders within the time specified under the item description and confirmed by our online consultants. The request is fulfilled upon availability of materials for making the product and after its acceptance.
Article 1. The Supplier provides the User with the opportunity, in compliance with the present "General Terms and Conditions", to declare the goods offered in the electronic catalog www.enigmaleather.com.
Art. 2. (1) The supplier publishes its products on the website: www.enigmaleather.com
with the following information:
* description of the main characteristics of each product and materials from which it is made;
* a realistic image of each product;
* the selling price,
(2) The supplier publishes on the website www.enigmaleather.com information about:
* the value of the courier costs, not included in the price of the goods, related to their delivery;
* information on payment methods - delivery is made ONLY by cash on delivery, terms and conditions of contract performance;
* the right of the User, the conditions and the way to withdraw from the contract and the conditions under which the goods can be returned; there are cases under the Consumer Protection Act in which the purchased goods cannot be returned;
Art. 3. In order to obtain the right to make valid requests to receive the goods offered at www.enigmaleather.com, the User must specify an address for receiving the requested goods and a current telephone number. The user guarantees that the data he provides is true, complete and accurate and, if the latter changes, he will update it promptly. No part of this data will be used or stored for purposes other than for the purpose of concluding and executing the contract of sale. The user voluntarily provides his personal data (name, e-mail address, telephone and administrative address) for the purposes of concluding and executing a contract for the supply of items from the electronic catalog www.enigmaleather.com.
Art. 4. By the act of completing the request and providing the above requested data by the User, it is considered that the User has expressed his agreement with these General Terms and Conditions, therefore he is considered bound by their clauses.
Art. 5. (1) When a request is made, the electronic catalog www.enigmaleather.com notifies the User about the registration of his request in the system at the e-mail address indicated by him. Recording the request does not mean that the request has been accepted, but only constitutes a record of the desire to deliver. Online boutique ENIGMA reserves the right to refuse orders due to unavailability of the item or materials for its manufacture.
(2) After recording the request, the representative of the store undertakes actions to establish contact with the User in order to specify the time of production and delivery of the requested goods or, if necessary, other details. If materials are available, production and delivery shall be carried out within 30 (thirty) calendar days from the acceptance of the request by the Supplier.
(3) After specifying all the details under the previous paragraph, the Supplier notifies the Customer by e-mail that his request has been accepted. In this sense, a request sent by the Customer gives rise to an action between the parties only from the moment when its acceptance is confirmed by the Merchant by e-mail.
(4) If an incomplete, incorrect or incorrect administrative or electronic address and/or telephone number are specified when submitting the request, the request is considered invalid and the Supplier is not obligated to fulfill it.
Art. 6. All prices are in Bulgarian levs for one piece. The indicated prices of individual goods are for one item and do not include delivery costs. Courier delivery costs are for the account of the Customer and are in the price range of BGN 7.80. - BGN 9.90 depending on the weight of the shipment. Prices are final and include all taxes and fees.
Art. 7. The price under Art. 6 and the delivery costs can only be paid by cash on delivery as the User undertakes to pay the selling price of the goods purchased by him and the courier services related to its delivery. The courier service can be separately calculated on the bill of lading or added to the cash on delivery.
Art. 8. The goods requested for purchase are delivered with suitable packaging and transport according to its type to the delivery address indicated by the User within a period sufficient according to the circumstances, agreed between the representative of the electronic catalog www.enigmaleather.com and the User, but not later than the period under Art. . 5, para. 2.
Art. 9. The goods are delivered to the delivery address of the User or to a third party representative of the User who is located at the specified address and accepts and confirms receipt of the same on behalf of the User. When handing over the goods, the User or the third party - a representative of the User, signs the accompanying documents serving as confirmation of the delivery of the goods. In the event that the User is not found within the deadline for delivery to the address indicated by him or access and conditions for delivery of the goods are not provided within this deadline, the Supplier is released from its obligation to deliver the requested goods. The user can confirm his desire to receive the goods even after the expiry of the delivery period in which he was not found at the address, bearing all the costs of delivery. In this case, a new delivery period starts from the moment of confirmation according to the previous sentence.
Art. 10. The Supplier undertakes: to transfer to the User the actual ownership of the purchased goods after payment of the cash on delivery fee to the courier; to deliver within the agreed time the goods requested for purchase; to exercise due care according to usual practice in the performance of his duties.
Art. 11. The supplier has the right to:
- to send messages to the User when the Client has subscribed to the electronic newsletter;
- to refuse requests from Users due to technical errors (wrong price at the time of publication, wrong description, bad appearance of the goods, unavailability of materials and the like);
- to make electronic references from its site to other Internet pages.
Art. 12. The supplier:
· makes sure that the information in the catalog is always kept true and up-to-date, but does not guarantee its reliability and completeness (small errors in the description of the item, prices and sizes are possible). In these cases, online catalog ENIGMA reserves the right to refuse orders by notifying the User thereof.
· is not responsible for not providing access to the catalog, as well as for the non-processing or untimely processing of purchase requests, in the event of circumstances beyond its control - cases of force majeure, random events, problems in the global Internet network;
· does not guarantee that access to the catalog will be uninterrupted, timely, secure and error-free, to the extent that this is beyond its ability, control and will;
· to the extent that he does not have the objective opportunity and obligation and does not control the Internet pages and resources made available through the electronic references placed in the store and in the user profile, he is not responsible for the illegal nature of the content and materials located on these Internet pages and resources;
· does not have the obligation and the objective possibility to control the way in which the User uses the catalog.
· does not change details that the system automatically generates and cannot be removed without the intervention of the creators of the platform, which the creators of the online platform embed when updating the version automatically.
Art. 13. The user undertakes:
· to indicate an accurate and valid telephone, administrative address for delivery and electronic address for correspondence; in case of inaccurately entered data, ENIGMA online catalog is not obliged to send a shipment to the User and has the right to cancel a delivery request;
· not to dispute incorrectly entered information from the site's technical department (wrong description, prices and sizes);
· to pay the price of the goods requested by him in the manner indicated in these conditions;
· to pay the delivery costs, except in cases where the delivery costs remain at the Supplier's expense;
· to receive the goods;
Art. 14. (1) The user has the right to:
· online access to the Provider, subject to compliance with the conditions and requirements for access, except in the event of circumstances beyond the control of the Provider - cases of force majeure, random events, problems in the global Internet network;
to refuse to receive the goods requested by him for purchase in compliance with the legal requirements of the Consumer Protection Act and these General Terms and Conditions;
(2) The term for exercising the right to withdraw from the contract is 14 (fourteen) days from the date of delivery of the goods by the courier to the User at the administrative address specified by the User or to a third party located at the address specified by the User. According to Art. 50, para. 1 of the ZPA The User has the right to withdraw from the distance contract without giving a reason, without owing compensation or a penalty and without paying any costs for the refusal, with the exception of: 1) the additional costs of delivering the goods, when the consumer has explicitly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the trader and 2) the costs of returning the goods.
(3) For the exercise of the right to withdraw from the contract, the Provider provides users with a standard form according to the model attached to these General Terms and Conditions. When he wants to cancel the contract, the User informs the Supplier by e-mail or by mail by sending him a signed cancellation form within the 14-day period according to the previous paragraph. Together with the refusal, the User returns (sends back) the received goods to the Supplier. After receiving the refusal of the contract, the Provider should immediately confirm its receipt to the User.
(4) Within 14 days from the date on which he was notified of the refusal, after receiving the goods back from the User, the Supplier shall refund the amounts paid by the User for the purchase and delivery of the goods. The costs, which are for the account of the User, are indicated above in paragraph two of this article. Refunds to the User are made in the same order in which the User paid for the item - i.e. The User sends the item to the Supplier with cash on delivery at his own expense. The courier is obliged to report the amount paid to the User according to the terms of the delivery courier company (usually the next day).
(5) The User has no right of refusal in cases where the garment is made according to the User's individual measurements.
(6) The goods must be returned undamaged together with the accompanying documentation, as well as any additional advertising materials and gifts that were in the box at the time of delivery. Damages are considered when the integrity of the label is broken (the label is torn) or when the label is torn or cut from the garment or when the garment is damaged - torn, stained, burned or any other signs of wearing the garment, including deep creases on sleeves, trouser legs, stains on the outside or inside of the garment. The goods will also be considered damaged if the goods smell of cigarettes, kitchen odors from cooking and other unpleasant smells. If the goods are damaged, they cannot be returned to the Supplier.
(7) In the event that the Supplier receives goods from the Customer in violation of the previous para. 6 or goods that were sent after the expiration of the period under the above para. 3 or goods, it is subject to return to the Customer. In these cases, the Supplier returns the goods to the Customer by courier at the Customer's expense within 14 days and accordingly does not refund the price paid. In these cases, the Supplier also informs the Client by e-mail.
(8) The user has no right to a replacement, except in the case of a complaint, when the customer can choose the way of satisfying the complaint - by replacing the goods with a new one, corresponding to the concluded contract of sale or repair, if the replacement is impossible. The deadline for satisfying a well-founded complaint is within one month, according to Art. 113 para. 2 of the PPE. When the User makes a claim for the return of goods in the form of a complaint, he cannot withdraw this claim and claim the right to withdraw from the contract at a distance.
(9) In the event of a discrepancy between the price paid by the User and that of the goods received by him, which discrepancy is to the detriment of the User, the reduction of the price of the received goods should be determined according to Art. 35 of the Act on the provision of digital content and digital services and on the sale of goods.
Art. 15. The user undertakes:
· to comply with the terms and conditions for submitting complaints and making requests for replacement of requested goods, terms and conditions published on the website www.enigmaleather.com and by sending a request is considered bound by these terms and conditions;
· to comply with Bulgarian legislation, these General Terms and Conditions, Internet ethics, rules of morality and good manners;
· not to violate someone else's property or non-property rights, including intellectual property rights;
· to immediately notify the Supplier of any case of committed or detected violation when using the store;
· to notify the owner of the online catalog if he notices incorrectly entered information (usually a wrong price);
· not to interfere with the proper operation of the system, including, but not limited to, not to thwart the identification procedure of another user, not to access outside of the one granted to him, not to prevent other users from using the store;
· not to commit malicious acts within the meaning of these General Terms and Conditions.
· not to use the site for the purpose of copyright theft.
In case of non-compliance with the obligations, the Supplier has the right to compensation for all damages suffered and lost benefits, which are a direct and immediate consequence of the non-fulfillment of the obligations by the User. In these cases, the Supplier has the right to refer the competent state authorities to establish the relevant violation.
Art. 16 Except in the cases of refusal specified above, the contract between the Supplier and the User is also terminated upon the occurrence of any of the following circumstances:
- suspension of activity by the Supplier;
- termination of maintenance of the online catalog;
- in case of non-fulfillment of the User's obligations under these general conditions;
- in other cases provided for by law.
Only cases where there is payment are considered a contract. Requesting an item on the site is not a contract.
Art.17 The written form is considered to be complied with by sending letters, documents and messages by mail, by e-mail to the address of the User indicated by him, respectively to the address of the supplier indicated on his website; by pressing an electronic button on a page of the Site with content that is filled in by the User or marking a field on the Site and the like, insofar as the statement is technically recorded in a way that makes it possible to reproduce it.
For the purposes of these General Terms and Conditions, the following terms and expressions used in these General Terms and Conditions shall have the following meanings:
"Site" is www.enigmaleather.com, which is a specific place on the global Internet, accessible through its unified address (URL) under HTTP, HTTPS or other standardized protocol and containing files, programs, text, sound, picture, image or other materials and resources.
"Web page" is an integral and separate part of a website.
www.enigmaleather.com is an online catalog for information and presentation of goods from a distance, which are delivered after their explicit request by the User and according to the rules specified in these General Terms and Conditions.
"User" or "Client" is a natural person over the age of 18 or a legal entity that is registered in the Republic of Bulgaria and has agreed to these General Terms and Conditions. "User" is a person within the meaning of § 13, item 1 of the additional provisions of the Consumer Protection Act.
"Supplier" is a person within the meaning of § 13, item 2 of the additional provisions of the Consumer Protection Act.
"Electronic mail" is an electronic means of storing and transmitting electronic messages over an Internet network using standardized protocols.
"Sales price" is the final price per unit or for a specified quantity of a good or service, including value added tax and all additional taxes and fees.
"Electronic link" is a link indicated in a certain Internet page that allows automated forwarding to another Internet page, information resource or object through standardized protocols.
"Information system / System" is any individual device or set of interconnected or similar devices which, in the execution of a certain program, provides, or one of the elements of which provides, automatic data processing.
"IP Address" ("IP address") is a unique identification number associating a computer, Internet page or resource of the User in a way that allows locating them in the global Internet network.
"Commercial communications" are advertising or other communications representing directly or indirectly the goods, services or reputation of a person engaged in a commercial or craft activity or exercising a regulated profession.
"Malicious actions" are actions or inactions that violate Internet ethics or cause harm to persons connected to the Internet or associated networks, sending unsolicited mail (unsolicited commercial messages in violation of the law, spam, junk mail), flooding the channels , gaining access to resources with foreign rights and passwords, using flaws in systems for personal gain or obtaining information (hack), performing actions that can be qualified as industrial espionage or sabotage, damaging or destroying systems or information arrays (crack), sending "Trojan horses" or causing the installation of viruses or remote control systems, disturbing the normal work of other Internet users and associated networks, performing any actions that can be qualified as a crime or an administrative violation under Bulgarian legislation or under other applicable law.
The general terms and conditions can be changed unilaterally by the Supplier, who, after making the changes, undertakes to notify the User by sending to his e-mail and/or publishing a message about this in a prominent place on the Site. The changes in the General Terms and Conditions do not affect the relationship between the User and the Supplier, which arose with a valid request for the purchase of goods submitted before the notification.
The provisions of the legislation in force in the Republic of Bulgaria apply to unresolved issues.
With the act of registration (subscribing to the advertising newsletter) or by completing a request, the User expresses "online" agreement with these General Terms and Conditions, by which he is considered bound by their clauses. From the moment the User is bound by the clauses of these General Terms and Conditions, these terms and conditions become binding in the relations between the parties.
With the act of registration, the User consents to receive the advertising Bulletin of the online catalog www.enigmaleather.com.
In the event that the User does not wish to receive the advertising Newsletter, he must expressly inform the Provider by sending his request to the Provider's e-mail address.
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