I. GENERAL PROVISIONS.
Article 1. These general conditions are intended to regulate the relations between Victoria Ivanova Palabuykova-Tomova, EIK 180689601, hereinafter referred to as MERCHANT for short, and the users, hereinafter referred to as CUSTOMERS, of the e-store monamedesign.com
Art. 2. (1) Users conclude a contract for the purchase and sale of the goods offered by Viktoria Ivanova Palabuykova-Tomova through the Merchant's interface, available on its website at monamedesign.com or another means of remote communication.
(2) By virtue of the contract for the purchase and sale of goods concluded with the Customers, the Merchant undertakes to deliver and transfer the ownership of the goods specified by him through the interface to the Customer.
(3) Customers pay the Merchant a fee for the delivered goods according to the conditions set on the website and these general terms and conditions. The remuneration is in the amount of the price announced by the Merchant at the address of “monamedesign.com” on the Internet.
(4) The Merchant delivers the goods requested by the Customers within the terms and under the conditions set by the Merchant 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 from the price of the goods
II. DEFINITIONS AND ABBREVIATIONS USED.
Art. 3. In terms of these General Terms and Conditions:
a) "electronic store" means website at web address monamedesign.com;
b) "trader" means Viktoria Ivanova Palabuykova-Tomova, entered in the Commercial Register at the Registration Agency with EIC 180689601, with registered office and management address: city of Varna, 13 Drin St., 1st floor;
b) "goods" means each of the items offered in the e-shop, which is described with its main characteristics, image and selling price;
c) "client" means any natural or legal person who has placed an order to purchase goods from the merchant through the e-shop, who has confirmed their agreement with these General Terms and Conditions. By placing the order, the customer declares that he has reached the age of 18 (for natural customers). In case of doubt regarding the legal age of the client-natural person, the merchant reserves the right to refuse the order/terminate the contract by notifying the client thereof;
d) "personal data" - means personal data under – the meaning of ЗЗЛД;
e) "cash on delivery" - means cash on delivery within the meaning of the ZPU;
f) "price of the goods" – means the price per piece or for a certain amount of goods, stated in Bulgarian leva, including value added tax and all additional taxes and fees. The price does not include transport and delivery costs;
g) "delivery price" – means the costs of transport and delivery of the Goods to the Customer, including value added tax;
h) "order price" – means the total Price of the Goods and the Price of Delivery;
i) "general conditions" - means these general terms and conditions. By clicking on any link, button or application located on the site, with the exception of the link pointing to these general terms and conditions, the customer expressly and unconditionally agrees to these general terms and conditions for the use of the site and the platform for distance purchases located at monamedesign.com;
j) "PPE" – means the Consumer Protection Act;
k) "ZZLD" – means the Personal Data Protection Act;
III. APPLICATION FIELD. AGREEMENT TO THE TERMS AND CONDITIONS.
Art. 4. These General Terms and Conditions apply in relation to Customers who have registered on the website monamedesign.com ("registered USERS"). These General Terms and Conditions apply accordingly in relation to Customers who have not registered on the monamedesign.com website (“unregistered USERS”).
Art. 5. The text of these General Terms and Conditions is available on the Internet at the address https://monamedesign.com/general-terms.html in a way that allows its storage and reproduction. An electronic link to the website containing the text of these General Terms and Conditions is located on each page of the website monamedesign.com With each use of the services and resources of the website monamedesign.com, including when opening a website from the website monamedesign.com, as well as by clicking on an electronic link from the title (home) or any other Internet page of the monamedesign.com Website, Customers declare that they are familiar with these General Terms and Conditions, agree with them and undertake to comply with them.
Art. 6. In order to be able to order goods, the Customer must register in advance or during the placing of the order by filling in the relevant electronic registration form, available in real time (on-line) on the Internet at the page monamedesign.com
Art. 7. In the registration process, by checking the box "I agree to the General Terms and Conditions of monamedesign.com" and pressing the virtual button "Registration", the Customer makes an explicit electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that he is familiar with these General Terms and Conditions, accepts them, agrees with them and undertakes to observes.
Art. 8. By registering, the Client gets access to all services offered by monamedesign.com. When filling out the registration form, the Client is obliged to provide complete and correct data regarding his identity and other data required by the electronic form to monamedesign.com, as well as to update them immediately upon any change. The customer guarantees that the data he provides in the registration process is true, complete and accurate, and if the latter changes, he will update them promptly.
Art. 9. If the personal data required in the registration form are not provided, monamedesign.com has the right to refuse the registration.
Art. 10. In the case of providing incorrect data or not reflecting the changes that have occurred, monamedesign.com has the right to terminate or suspend immediately and without notice the provision of the Services, as well as the maintenance of its registration. In this case, the termination of the provision of the Services is considered an automatic termination of the contract.
IV. E-MAIL AND PASSWORD. USER PROFILE.
Art. 11. When registering, the Customer specifies an e-mail address and password. Through them, the Client gets access to his User Profile, as well as the opportunity to use the services of the site.
Art. 12. Electronic mail or E-mail is an electronic means of storing and transmitting electronic messages over an Internet network using standardized protocols.
Art. 13. The password is a code of letters, numbers and characters, which, together with the e-mail address, serves to access a certain user profile.
Art. 14. The customer is obliged not to disclose his password to third parties and to notify monamedesign.com immediately in the event of unauthorized access, as well as in the event of such a possibility. The customer is obliged to take all care and take the necessary measures that are reasonably necessary in order to protect his password and is fully responsible for all actions that are carried out by him or a third party by using it.
Art. 15. The user profile is a separate part of the monamedesign.com Website, containing information about the registered Customer, provided during the registration process and stored on a monamedesign.com server. Through his user profile, the Client can manage user content placed by him on a monamedesign.com server, update the data provided during his registration, change his password and delivery address.
Art. 16. Each Customer can have only one active user profile. Registration under a fictitious name or under a different name (under a different identity) is prohibited. monamedesign.com may refuse the registration of a person for whom it has received information that it provides false or foreign data.
V. ONLINE PURCHASE OF GOODS.
Art. 17. The merchant provides the Customer with the opportunity to purchase the goods offered in the monamedesign.com electronic store by placing a request /order/ and paying the relevant sales price, subject to the Customer's acceptance and compliance with these General Terms and Conditions.
Art. 18. The main characteristics of the goods offered by the Merchant are defined in the profile of each good on the monamedesign.com website.
Art. 19. Against the Goods provided by the Merchant, the Customer pays the Order Price according to the terms and conditions of the General Terms and Conditions and any possible amendments to the latter, which are published on the Site. The customer expressly declares that he is aware of the fact that each Order in the Electronic Store and the Site is associated with an obligation to pay on his part the corresponding amount, namely the sales price, together with transport costs for the delivery of the selected goods.
Art. 20. The method of payment, delivery and execution of the contract is defined in these general conditions.
Art. 21. The Merchant reserves the right to unilateral changes in the Goods, their parameters and characteristics, as well as unilateral changes in the General Terms and Conditions, for which he undertakes to inform the Customers by publishing information on the Site. The Merchant has the right to unilaterally change all terms of delivery of the Goods and any other information published on the Site without prior notice to the Customer.
Art. 22. The sales contract between the Merchant and the Customer is considered concluded from the moment of confirmation of the request / order / made by the Customer, and in the case of a request for an unavailable product, the contract is considered concluded at the moment of payment of the amount representing the price of the product or the advance amount, when such is foreseen.
Art. 23. The General Terms and Conditions may be updated and changed at any time without the need for special notification to the Customers. The Merchant is not responsible if the Clients have not familiarized themselves with subsequent updates of the General Terms and Conditions published on the Site.
Art. 24. All prices presented on the site are in Bulgarian leva and are valid only and only at the time of their publication.
Art. 25. The customer undertakes to pay the price announced at the time of the request.
Art. 26. Victoria Ivanova Palabuykova-Tomova reserves the right to change prices at any time without warning. Prices of goods and services presented on the site are final and include all taxes and fees.
Art. 27. When a final order is submitted and confirmed, the price agreed between Victoria Ivanova Palabuykova-Tomova and the Client cannot be changed.
Art. 28. The price of the product does not include transport, delivery of the product to the home and installation, unless this is explicitly stated. These are services that are paid additionally upon prior agreement.
Art. 29. In the event that the goods are sent outside the territory of the Republic of Bulgaria, the Customer must pay all customs, etc. export related charges.
Art. 30. In order to obtain the right to place valid orders for the purchase of the goods offered by the electronic store, the Customer must have correctly filled out the online information in his electronic profile located on the Site. When filling out the electronic forms for contact information, the Client is obliged to provide complete and correct data required by the electronic forms. The necessary data for individuals are: Name, Surname, E-mail address, Delivery address, City, Postal code, Telephone, Password. For legal entities: the above plus EIK/BULSTAT. These data will be used by the Merchant solely and exclusively for the delivery of ordered goods by the Customer. The customer guarantees that the data he provides during the registration process is true, complete and accurate and, if the latter changes, he will update them promptly. In the event that the Customer provides incorrect data or changes that have occurred are not reflected, the Provider has the right to immediately and without notice stop maintaining the Customer's registration and access to his customer profile. Before making the statement, the User can freely change the information entered by him in the registration form.
Art. 31. The e-shop monamedesign.com processes Orders every weekday between 09:00 and 18:00. The Customer has the right to order all Goods specified on the Site. When placing an Order, the Customer has the right to choose the type of Goods and their quantity, the method of delivery, according to the options offered on the Site.
Art. 32. Victoria Ivanova Palabuykova-Tomova does not guarantee the availability of the ordered items. Customers understand and agree that certain Goods may not be available at the time the Order is placed. In the event that the Merchant is unable to fulfill the Order, due to the fact that the Goods are not available, the Merchant shall notify the Customer of its depletion on the contact phone number specified by the Customer or by sending a message to the e-mail address specified by the Customer. Notification is made within 48 hours of receiving the Order.
Art. 33. (1) For the unavailable goods, Viktoria Ivanova Palabuykova-Tomova indicates a delivery term different from that under section IX “Delivery” of these General Terms and Conditions, with which the Customer can agree or refuse the order. The term indicated by Victoria Ivanova Palabuykova-Tomova is indicative, not fixed.
(2) In the event that the Customer does not agree with the proposed delivery period and therefore refuses the order, the Merchant shall refund to the Customer in full the sums paid by him for the purchase of the Goods, which are not available, if the same have been paid.
Art. 34. In the event that the goods ordered by the Customer are available, Viktoria Ivanova Palabuykova-Tomova should confirm the order placed by phone or by email.
Art. 35. (1) The Customer gives his express consent for the personal data he entered during the Order to be used and stored by the Merchant for the purposes specified in the General Terms and Conditions. The customer agrees to voluntarily provide the personal data required by the registration form when placing an Order. Victoria Ivanova Palabuykova-Tomova may at any time change the amount of personal data required for registration and placing an Order.
(2) In the event that the Customer provides false, inaccurate, out-of-date or incomplete information when placing an Order, the Merchant has the right to deny him further access to part or all of his services. The Merchant is not responsible for an incorrectly and/or inaccurately executed Order made in connection with the information received by the Customer when placing an Order. The trader is not responsible for undelivered orders or other non-fulfilments due to outdated data and re-sending of Goods is borne by the Customer.
VIII. PAYMENT TERMS.
Art. 36. Payment of the price is made by bank transfer or cash on delivery, located on the interface of the e-store monamedesign.com
Art. 37. If the payment method "Bank transfer" is selected, the Customer pays the value of the ordered goods, according to the confirmed order in the bank account of Victoria Ivanova Palabuykova-Tomova, indicated on the website at the time of placing the order. In the payment order, the order number generated when it was sent is indicated as the reason for payment. If within 5 working days after the confirmation of the order, the amount for the same is not received in the indicated bank account, the order will be automatically cancelled.
Art. 38. If the "cash on delivery" method of payment is selected, the Customer pays the value of the ordered goods at the time of receipt by the respective courier company.
Art. 39. By accepting these General Terms and Conditions, the user gives his express and unconditional consent to pay in advance to Victoria Ivanova Palabuykova-Tomova, the entire sales price of goods ordered through the electronic store.
Art. 40 The goods ordered from the e-shop monamedesign.com are delivered in 1-3 working days. There is an option for delivery to an exact address specified by the Customer. The delivery is carried out by the courier company ECONT Bulgaria OOD. In case of refusal of delivery, the customer owes the amount for delivery for both directions.
Art. 41. The customer bears the entire risk of damage/loss of the goods during delivery. Immediately after delivery of the goods, the Merchant is released from the risk, which is transferred to the Customer. The merchant is not responsible for the delay in case the delay is due to the courier company.
Art. 42. Upon acceptance, the goods should be carefully inspected by the Customer or a person authorized by him. Any damages, shocks and other damages should be reported immediately to the Merchant. In the event that delivery to an exact address is requested, if an incorrect or incorrect address, contact person and/or phone number are specified when submitting the request, the Merchant is not bound by any obligation to fulfill the order.
Art. 43. When the delivered goods clearly do not correspond to the goods requested for purchase by the Customer and this can be established by a simple inspection. The customer may request that the goods delivered to him be replaced by a product corresponding to the purchase request made by him within 14 days of receiving it. When returning a product, the shipping costs are borne by the Customer.
Art. 44. Goods made to the order of the user or according to his individual requirements cannot be returned or exchanged.
H. REFUSAL OF CONTRACT AND REFUND OF THE PRICE PAID.
Art. 45. (1) On the basis of Art. 50 of the PPE A customer who has the status of a consumer within the meaning of the PPE, within 14 days of delivery, has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract by returning the ordered goods under the following conditions:< br />
1. The User (Client) should inform Victoria Ivanova Palabuykova-Tomova in advance in writing, at the following email address: firstname.lastname@example.org, that on the basis of Art. 55, para. 1 of the Civil Code, renounces the contract, stating when he will return the goods, but no later than 14 days, counting from the date of delivery. It can only be returned to the following address: fr. Varna, 13 Drin St., 1st floor. The amount paid by the Customer is returned to the account from which the goods were paid, after an inspection and acceptance of the goods by Victoria Ivanova Palabuykova-Tomova, but no later than 15 days after receiving the goods at the specified address. The goods will be accepted only if there are no signs of use, and the same is not in a damaged commercial appearance.
2. The goods must be returned personally by the user (the Client) or by a person authorized by him with a written power of attorney of the signatory to the address indicated above.
3. The original packaging of the goods provided by the manufacturer is not damaged and the integrity of the stickers placed by Victoria Ivanova Palabuykova-Tomova is not violated.
4. All transport and other costs of returning the goods are entirely for the account of the Customer.
(2) Until the time of the return of the goods by the Customer to Victoria Ivanova Palabuykova-Tomova, the risk of its accidental loss or damage is borne entirely by the Customer. In the event that a user takes advantage of his right under Art. 50, of the Civil Code under the condition that he has fulfilled the requirements specified under – above conditions, Viktoria Ivanova Palabuykova-Tomova undertakes to reimburse him the price paid by bank transfer within 15 days from the return of the goods. In all cases of payment by order, the fees paid by the Customer are for his account and are not subject to return by the Merchant.
Art. 46. The right of refusal under the previous article does not apply in the following cases:
- for the delivery of goods made according to the user's requirements or according to his individual order;
- for the delivery of goods which, due to their nature, are consumable or cannot be returned or are subject to rapid spoilage, or there is a danger of deterioration in their quality characteristics.
Art. 47. For already paid and performed services, the amounts paid for them are not refunded.
Art. 48. The Customer undertakes to store the goods received from the Merchant, their quality and safety during the period under Article 34, Paragraph 1.
Art. 49. The trader makes every effort to provide accurate and up-to-date information about the company's activities and products on its website, but it is possible that this information contains gaps or inaccuracies. Victoria Ivanova Palabuykova-Tomova does not guarantee the accuracy, correctness or completeness of the information posted on the website. and cannot be held responsible for any errors or omissions. Victoria Ivanova Palabuykova-Tomova is not responsible for any damages and lost profits suffered as a result of using the Site.
Art. 50. Victoria Ivanova Palabuykova-Tomova adheres strictly to confidentiality and responsible use of the personal information we collect from customers or visitors to our website. At the time of providing information, you consent to Victoria Ivanova Palabuykova-Tomova using that information as described here.
Art. 51. The type of information Victoria Ivanova Palabuykova-Tomova may collect includes first and last name, mailing and delivery address, telephone number, e-mail address and any other related information that you provide to us by any means, including electronically mail or through the website. We may also collect information about the use of our products and services, preferences about which we are notified or information that is voluntarily provided to us. Personal information is collected the moment users register on the monamedesign.com site, request information, shop online. The customer consents to their collection, processing and use for the purpose of processing the request and completing the order, as well as establishing contact (including sending an order confirmation email). This consent may be revoked at any time for a future period.
Art. 52 Victoria Ivanova Palabuykova-Tomova collects and uses personal information for the purpose of:
- responding to inquiries and requests made by you;
- processing orders or requests made by you;
- reporting or fulfilling other obligations related to an agreement you have with us;
- examination and resolution of problems with goods or services provided;
- creating services that meet your needs.
Art. 53. The personal information you provide is collected in our database, from which you have the right to unsubscribe at any time. If you wish this, please contact us at: email@example.com
Art. 54. Information can be obtained indirectly through site access logs or cookies. Examples of such information are your IP address, the internal pages and the order in which you visit them, and the status of the cookies placed on your computer by the site. This happens automatically the moment you access monamedesign.com. This information is used to improve the website and does not identify you personally in any way.
Art. 55. Cookies allow websites to identify individual visitors and, if possible, display pages tailored to the specific user. They give websites a memory to recognize and distinguish visitors from one another.
(2) Cookies is a text string of symbols that is transferred from the site to your computer's browser. Cookies are stored as a file on your computer and are used by the website to remember the computer from which you access the site. A cookie usually contains a domain name from which the cookie came, a cookie expiration date and time, and a value.
(3) When you access our website, we may send you a cookie to help us identify your computer as an individual user and to collect anonymous statistics that will help us understand how visitors use our site and give us guidance on improving its structure. User cookies are used to, but not exclusively, track the actions of the website “monamedesign.com.” by means of Google Analytics, in order to improve the Services provided and the content and navigation of the “monamedesign.com” website; for one of the following features of Google AdWords and Facebook Ads – remarketing, interest categories, similar audiences, other types of interest-based advertising or demographic and location targeting; and to track the mouse movements and behavior of users of the site with different platforms that allow it.
(4) If you prefer not to receive a cookie, you can set your browser to warn you before accepting a cookie or you can completely disable the receipt of cookies in your browser.
Art. 56. If you are under the age of 13, please do not send us your personal information (eg your name, address, e-mail address, etc.). If you are under the age of 13 and wish to ask a question or use this site in a manner that requires the provision of personal information, please ask your parent or guardian to do so on your behalf.
Art. 57. Victoria Ivanova Palabuykova-Tomova will not sell, rent, trade, intentionally disclose or provide to third parties any personal information received from customers or visitors to her monamedesign.com site, except in the following cases:
- Victoria Ivanova Palabuykova-Tomova may disclose personal information to third parties, in case such disclosure is required by law;
- Victoria Ivanova Palabuykova-Tomova may disclose personal information with shipments to you;
- Victoria Ivanova Palabuykova-Tomova may disclose personal information if your prior consent has been obtained.
Art. 58. Victoria Ivanova Palabuykova-Tomova will take precautions to protect confidentiality and security and to prevent unauthorized or accidental disclosure of personal information. Only authorized personnel of Viktoria Ivanova Palabuykova-Tomova will have access to personal data and these employees are required to treat the information as confidential. Despite security measures, Viktoria Ivanova Palabuykova-Tomova cannot guarantee that unauthorized persons will not gain access to your personal data.
Art. 59. The e-mail addresses with which customers register on the website can be used by Victoria Ivanova Palabuykova-Tomova to send commercial messages. In each message there will be an Unsubscribe button if the Client does not wish to receive the same.
THESE TERMS AND CONDITIONS ARE COMPLIED WITH THE REQUIREMENTS OF THE LAW ON CONSUMER PROTECTION (LAW) AS WELL AS WITH THE OTHER REGULATORY ACTS IN EFFECT IN THE REPUBLIC OF BULGARIA.