TERMS AND CONDITIONS OF THE ONLINE STORE stylepeony.com
SUBJECT
Art. 1. These General Terms and Conditions are intended to regulate the relationship between Peony Style Ltd, UIC 206413827, with registered office and registered address Beli Brezi N 15 Sofia City.
- DETAILS OF THE SUPPLIER
Art. 2. Information pursuant to the E-Commerce Act and the Consumer Protection Act:
Name of the Supplier:Peony Style Ltd.
Headquarters and registered office address.
Address for exercising the activity and address for addressing complaints from consumers. 1, entrance D, floor 2
Contact details: [email protected] telephone +359 88 8467189
Entry in public registers: UIC 206413827
Supervisory bodies:
(1) Commission for Personal Data Protection
Address. 1. “1. 2,
Tel.: (02) 940 20 46
Fax: (02) 940 36 40
Email: [email protected], [email protected]
Website: www.cpdp.bg
(2) Consumer Protection Commission
Address. Sofia, Slaveykov Square №4A, floors 3, 4 and 6,
Tel.: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg
Registration under the Value Added Tax Act
III. FEATURES OF THE PLATFORM
Art. 3. PUSHOP is an e-commerce platform, accessible at the Internet address of stylepeony.com, through which Users have the opportunity to conclude contracts for the purchase, sale and delivery of the goods offered by the Supplier on the platform, including the following:
To register and create an account to browse the Supplier’s e-shop and use the additional information services;
To view the goods, their characteristics, prices and delivery conditions;
To enter into contracts with the Supplier for the purchase and delivery of the goods offered on the stylepeony.com platform;
To make any payments in connection with the contracts concluded through the stylepeony.com platform electronic means of payment.
To receive information about new goods offered by the Supplier on the stylepeony.com platform;
To make electronic statements in connection with the conclusion or performance of contracts with the Supplier on the stylepeony.com platform through the interface of the stylepeony.com website accessible on the Internet;
To be notified of the rights arising from the law, primarily via the interface of the stylepeony.com platform on the Internet;
To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.
Art. 4. The Supplier on the stylepeony.com platform organizes the delivery of the goods and guarantees 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) Users shall conclude with the Supplier on the stylepeony.com platform a contract for the purchase and sale of the goods, at stylepeony.com The contract shall be concluded in Bulgarian and stored in the Supplier’s database on the platform.
(2) By virtue of the contract for the purchase of goods concluded with the Users, the Supplier on the stylepeony.com platform undertakes to arrange the delivery and transfer of ownership to the User of the goods specified by him through the interface on the platform. Users are entitled to correct errors in the input of information no later than when the Supplier on the stylepeony.com platform issues the contract statement
(3) Users shall pay to the Provider of the stylepeony.com platform the remuneration for the delivered goods in accordance with the terms set out in the stylepeony.com platform and these General Terms and Conditions. The remuneration is equal to the price advertised on the stylepeony.com platform
Art. 6. (1) The User and the Supplier on the stylepeony.com platform agree that all statements between them in connection with the conclusion and performance of the purchase contract may be made electronically and by electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Article 11 of the Electronic Commerce Act.
(2) Electronic statements made by Users of the Website shall be presumed to have been made by the persons indicated in the data provided by the User when registering, if the User has entered the corresponding username and password.
REGISTRATION TO USE stylepeony.com
Art. 7. (1) In order to use stylepeony.com for the conclusion of contracts for the purchase and sale of goods, the User must enter a remote access username and password of his choice or authenticate himself through his Facebook or Google account, whereby he is deemed to have accepted these General Terms and Conditions.
(2) The name and password for remote access shall be determined by the User by performing an online registration on the Supplier’s website on the stylepeony.com platform, in accordance with the procedure set out herein. Users are able to place orders delivery of goods and profile from the social networks Facebook and Google.
(3) By filling in his/her details in the shopping cart and clicking on the “Place Order” button, 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.
(4) The Supplier confirms the order made by the User by e-mail. The User’s account is created and a contractual relationship is established between the User and the Supplier.
(5) 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 the registration or order in the event of a change.
TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT
Art. 8. (1) Users shall primarily use the interface of the Supplier’s page on the stylepeony.com platform to conclude purchase contracts for the goods offered by the Suppliers on the stylepeony.com platform.
(2) In the case of ordering goods without registration by the User, the latter accepts these General Terms and Conditions at the time of delivery. The User shall be deemed to have accepted these General Terms and Conditions upon acceptance of delivery of the goods.
Art. 9. Users shall conclude the contract for the purchase of the goods on the stylepeony.com platform in accordance with the following procedure:
(1) Login to the ordering system on the stylepeony.com platform
(2) Selecting one or more of the goods offered by the Supplier on the stylepeony.com platform and adding them to a list of goods for purchase.
(3) Providing the necessary data to individualize the User as a party to the contract.
(4) Provision of data for making the delivery;
(5) Selecting the method and time of payment of the price.
(6) Confirmation of the order;
CONTENTS OF THE CONTRACT
Art. 10. (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 and from a single list of goods to be purchased.
(2) The Supplier may arrange for the delivery of the goods ordered with the separate purchase contracts together and simultaneously.
(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.
Art. 11. 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. 12. The User may pay the price for the individual purchase contracts at once when placing the order for the goods or upon their delivery.
VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO ARE CONSUMERS WITHIN THE MEANING OF THE CONSUMER PROTECTION LAW
Art. 13. The rules of this Section VII of these General Terms and Conditions shall only apply to Users who, according to the data provided for the conclusion of the purchase contract or upon registration on stylepeony.com, can be inferred to be Consumers within the meaning of the Consumer Protection Act, the E-Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.
Art. 14. (1) The main characteristics of the goods offered by the Supplier on the stylepeony.com platform are defined in the profile of each product on the stylepeony.com platform
(2) The price of the goods including all taxes and fees shall be determined by the Supplier on the stylepeony.com platform in the profile of each good on the stylepeony.com platform
(3) The value of postage or shipping costs not included in the price of the goods is determined by the Supplier on the stylepeony.com platform 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 are defined in these General Terms and Conditions and the information provided to the User through the mechanisms on the stylepeony.com platform
(5) The information provided to Users under this Article is up-to-date at the time of its display on the stylepeony.com platform prior to the conclusion of the Purchase Agreement.
(6) The Users agree that all information required by the Consumer Protection Act may be provided via the interface of the stylepeony.com platform or email.
Art. 15. (1) The User agrees that the suppliers on the stylepeony.com platform are entitled to accept payment in advance for contracts concluded with the User for the purchase and delivery of goods.
(2) The User independently chooses whether to pay the Supplier on the stylepeony.com platform the price for delivery of the goods before or at the time of delivery.
(3) In the event that the value of the User’s order is equivalent to or exceeds 15 000 BGN, payment shall be made only by transfer or deposit to the Supplier’s payment account.
Art. 16. (1) The User shall have the right, without compensation or penalty and without assigning any reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by the Supplier through the single withdrawal form available on the Supplier’s website on the stylepeony.com platform at Exercise your rights! and in Appendix No. 1 to these General Terms and Conditions. Information on the exercise of the right of withdrawal is available at Exercise your rights! and in Annex 2 to these General Terms and Conditions.
(2) The right of withdrawal under par. 1 shall not apply in the following cases:
for the delivery of goods made to the consumer’s order or according to his individual requirements;
for the delivery of goods which by their nature may deteriorate in quality or have a short shelf life;
the delivery of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
for the delivery of goods which, having been delivered, have by their nature become mixed with other goods from which they cannot be separated;
for the supply of sealed sound or video recordings or sealed computer software which have been unsealed after delivery, including activation codes for software licences, functions in software or virtual means of payment.
for the supply of newspapers, periodicals or magazines, excluding subscription contracts for the supply of such publications;
(3) Where the supplier on the stylepeony.com platform has not fulfilled its obligations to provide information as set out in the Consumer Protection Act, the User 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 is provided to the consumer within the withdrawal period, the withdrawal period shall start from the date of its provision. The User shall be entitled to submit the withdrawal statement under this Article directly to the Supplier via the single withdrawal form available on the Supplier’s website on the stylepeony.com platform at Annex 1 to these General Terms and Conditions.
(4) Where the Consumer has exercised his right to withdraw from the distance or off-premises contract, the Supplier shall refund all sums received from the Consumer, including delivery costs, without undue delay and no later than 14 days from the date on which the Consumer was notified of the decision to withdraw from the contract. The supplier shall reimburse the amounts received using the same means of payment used by the consumer in the original transaction, unless the consumer has expressly agreed to the use of another means of payment and provided that there is no cost to the consumer.
(5) When exercising the right of withdrawal, the costs for the return of the delivered goods shall be deducted from the amounts to be refunded under paragraph (4), unless the consumer arranges for the return of the goods himself and at his own expense. The Supplier shall not be obliged to reimburse the additional costs of delivery of the goods where the consumer 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 shall be obliged to store the goods received by the Supplier on the platform and to ensure that their quality and safety are maintained during the period referred to in par. 1.
(7) The User may exercise the right to withdraw from the contract with the Supplier by sending a written statement to the Supplier using the standard withdrawal form available at {turms_url} on the stylepeony.com platform and in Appendix 1 to these General Terms and Conditions.
(8) Where the Supplier on the stylepeony.com platform has not offered to collect the goods itself, it may withhold payment of the amounts to the User until it has received the goods or until the User has provided proof that it has sent the goods back, whichever is the earlier.
(10) Notwithstanding the foregoing, the Consumer shall return the goods in a merchantable condition that permits their subsequent sale, unless the unpacking of the goods results in an obvious impairment of the merchantable condition of the goods, such as but not limited to a breakable box, airtight packaging and other similar cases. In the event of a breach of the merchantable appearance of the goods, the Supplier shall have the right at its discretion to refuse to accept withdrawal from the contract or to charge the Consumer for the cost of restoring the goods to merchantable condition.
(11) In case of exercising the right of withdrawal under this Article, the User shall also be deemed to have exercised the right of withdrawal with respect to the bonus content belonging to the goods.
Art. 17. (1) The delivery period of the goods shall be determined for each good separately upon conclusion of the contract with the consumer via the Supplier’s website on the stylepeony.com platform.
(2) If the User and the Supplier on the stylepeony.com platform have not set a delivery period, the delivery period of the goods shall be 30 calendar days from the date following the dispatch of the User’s order to the Supplier via the Supplier’s website on the stylepeony.com platform
(3) If the Supplier on the stylepeony.com platform is unable to fulfil the contract due to the fact that it does not have the ordered goods, it is obliged to notify the User of this and refund the amounts paid by the User.
Art. 18. The Supplier on the stylepeony.com platform undertakes to comply with all the requirements laid down in Bulgarian legislation concerning the labelling, advertising and sale of food supplements.
VIII. PERFORMANCE OF THE CONTRACT
Art. 19. (1) The Supplier on the stylepeony.com platform may arrange for the goods to be delivered and handed over to the User by an appropriate courier within the time limit specified at the conclusion of the contract.
(2) If the deadline 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.
(1) The User shall inspect the goods at the time of delivery and handover and, if they do not meet the requirements, shall immediately notify the Supplier thereof on the stylepeony.com platform
(2) If the User fails to notify the Supplier on the stylepeony.com platform in accordance with par. 1, the goods shall be deemed to be approved as compliant, except for hidden defects.
Art. 21. The Supplier on the stylepeony.com platform shall not be obliged to provide the necessary service for the goods.
Art. 22. For the cases not covered by this section, the commercial sale rules set out in the Commercial Act and the Consumer Protection Act shall apply.
PROTECTION OF PERSONAL DATA
Art. 23. (1) The collection, storage and processing of personal data shall be carried out in accordance with the Privacy Policy, which can be accessed here Privacy Policy.
(2) The personal data entered by Users are subject to protection under the Personal Data Protection Act and the General Regulation 2016/679, and the Provider processes them for the purposes and within the time limits set out in the Privacy Policy .
(3) If the Supplier on the stylepeony.com platform is unable to perform the contract due to the fact that he does not have the ordered goods, he is obliged to notify the User and refund the amounts paid by him.
Art. 18. The Supplier on the stylepeony.com platform undertakes to comply with all the requirements laid down in Bulgarian legislation concerning the labelling, advertising and sale of food supplements.
VIII. PERFORMANCE OF THE CONTRACT
Art. 19. (1) The Supplier on the stylepeony.com platform may arrange for the goods to be delivered and handed over to the User by an appropriate courier within the time limit specified at the conclusion of the contract.
(2) If the deadline 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.
(1) The User shall inspect the goods at the time of delivery and handover and, if they do not meet the requirements, shall immediately notify the Supplier thereof on the stylepeony.com platform
(2) If the User fails to notify the Supplier on the stylepeony.com platform in accordance with par. 1, the goods shall be deemed to be approved as compliant, except for hidden defects.
Art. 21. The Supplier on the stylepeony.com platform shall not be obliged to provide the necessary service for the goods.
Art. 22. For the cases not covered by this section, the commercial sale rules set out in the Commercial Act and the Consumer Protection Act shall apply.
PROTECTION OF PERSONAL DATA
Art. 23. (1) The collection, storage and processing of personal data shall be carried out in accordance with the Privacy Policy, which can be accessed here Privacy Policy.
(2) The personal data entered by Users are subject to protection under the Personal Data Protection Act and the General Regulation 2016/679, and the Provider processes them for the purposes and within the time limits set out in the Privacy Policy .
(3) Upon the User’s consent to the Privacy Policy, the User expressly confirms that he/she agrees to the Provider storing or accessing the information stored on the User’s end device for the purposes and for the periods exhaustively provided for therein. The User agrees that the Provider may also store information or access information stored on the User’s endpoint device on other grounds set out in the Privacy Policy .
(4) The User or User agrees that the Provider on the stylepeony.com platform has the right to send at any time electronic messages to the User or User, including newsletters or offers to purchase goods, as long as there is a registration of the User or User in the e-shop of the Provider on the stylepeony.com platform
(5) The User or User agrees that the Provider on the stylepeony.com platform has the right to collect, store and process data on the User’s or User’s behaviour when using the Provider’s e-shop on the stylepeony.com platform The User has the right to object to the storage of or access to the information under paragraph 3 in the ways provided for in the Privacy Policy.
Art. 24. (1) At any time, the Provider on the stylepeony.com platform has the right to require the User to identify himself and to verify the veracity of any of the circumstances and personal data declared during registration.
(2) In the event that for any reason the User has forgotten or lost his/her username and password, the Provider on the stylepeony.com platform is entitled to apply the announced “Lost or forgotten username and password procedure”, available at: stylepeony.com
AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
Art. 25. (1) These General Terms and Conditions may be amended by the Provider of the stylepeony.com platform, of which the Provider will notify all registered Users accordingly.
(2) The Provider on the stylepeony.com platform and the User agree that any addition to and amendment of these General Terms and Conditions shall be effective against the User in one of the following cases:
(A) upon express notice to the User by the Provider on the stylepeony.com platform and if the User does not, within the 14-day period granted to the Provider, state that it rejects them; or
- B) after their publication on the Provider’s website on the stylepeony.com platform and if the User does not declare within 14 days of their publication that he rejects them;
- C) with the User’s explicit acceptance of it through his/her profile on the Provider’s website on the stylepeony.com platform
(3) The User agrees that all statements made by the Provider on the stylepeony.com platform in connection with the amendment of these General Terms and Conditions will be sent to the e-mail address indicated by the User upon registration. The User agrees that e-mails sent pursuant to this Article need not be signed with an electronic signature to be effective against him.
Art. 26. The Provider publishes these General Terms and Conditions at {terms_rul}, together with all additions and amendments thereto.
TERMINATION
Art. 27. These General Terms and Conditions and the User’s contract with the Provider on the stylepeony.com platform are terminated in the following cases:
upon the dissolution and liquidation or bankruptcy of one of the parties to the contract;
by mutual agreement of the parties in writing;
in the event of objective impossibility of one of the parties to the contract to perform its obligations;
in the event of seizure or sealing of the equipment by state authorities;
in the event of cancellation of the User’s registration on the stylepeony.com platform In this case, the concluded but unfulfilled purchase contracts shall remain valid and enforceable;
Art. 28. The Provider shall have the right to unilaterally terminate the contract at its own discretion, without giving notice and without compensation, if it finds that the User is using the stylepeony.com platform in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practice in e-commerce.
XII. LIABILITY
Art. 29. The User undertakes to indemnify and hold harmless the providers on the stylepeony platform. com and the Provider in the event of any legal action or other claim by a third party (whether justified or not), for all damages and expenses (including attorneys’ 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 rights, 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. 30. The Provider shall not be liable in the event of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.
Art. 31. (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 damages suffered by the User in the process of using or not using stylepeony.com and concluding purchase contracts with the Provider.
(3) The Supplier shall not be liable for the time during which the platform was unavailable due to force majeure.
(4) The Supplier shall not be liable for damages resulting from comments, opinions and posts under products, news and articles on the stylepeony.com platform
Art. 32. (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. 33. (1) The User and the Provider on the stylepeony.com platform undertake to protect each other’s rights and legitimate interests, as well as to protect their trade secrets that 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, internet forums, private or public websites, etc. may be considered to be in the public domain.
Art. 34. In the event of a conflict between these General Terms and Conditions and the stipulations of a special contract between the Provider on the stylepeony.com platform and the User, the provisions of the special contract shall prevail.
Art. 35. The possible invalidity of any provision of these general terms and conditions shall not invalidate the entire contract.
Art. 36. The laws of the Republic of Bulgaria shall apply to any matter not covered by this contract relating to the performance and interpretation of this contract.
Art. 37. These General Terms and Conditions shall apply to all Users of stylepeony.com.
Art.38 Payment:
Payment may in practice be made by, cash on delivery or card (MasterCard, Maestro and Visa). No discounts are offered for a specific payment
Payment by card
You make the payment at the time of the ordering process by filling in your card details. At the time of dispatch, your card will be charged the actual amount, taking into account the application of discounts or vouchers, if any. Goods made to order or according to individual user requirements result in an immediate withdrawal from your card of the actual amount calculated after discounts, vouchers, etc. have been applied.
stylepeony.com does not store bank card details of payments made
Appendix 1 – Standard form for exercising the right of withdrawal
Standard form for exercising the right of withdrawal:
(fill in and send this form only if you wish to withdraw from the contract)
– To (stylepeony.com):- I/We hereby give notice that I/We withdraw from the contract entered into by me/us* for the purchase of the following goods/for the provision of the following service- Ordered on/received on- Name of the consumer(s)- Address of the consumer(s)- Signature of the consumer(s) (only if this form is on paper)- Date——————* Delete as appropriate.
Annex 2 – Information on the exercise of the right of withdrawal
Information concerning the exercise of the right of withdrawal
Standard withdrawal instructions:
Right of withdrawal from distance or off-premises contracts.
You have the right to withdraw from this contract, without giving reasons, within 14 days.
The withdrawal period is 14 days from the date on which you or a third party other than the carrier and nominated by you took possession of the goods.
In order to exercise your right of withdrawal, you must notify us at the contact details provided on stylepeony.com and of your decision to withdraw from the contract in an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You can use the enclosed standard withdrawal form, but this is optional. You can also complete and submit electronically the standard withdrawal form or other unambiguous withdrawal request on our website stylepeony.com 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 withdrawal.
In order to comply with the withdrawal period, it is sufficient to send your communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
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 method of delivery other than the cheapest standard method of delivery 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 to a bank account specified by you; in any event, this refund will not involve any cost to you.
We have the right to delay the refund until we have received the goods back or until you have provided us with evidence that you have sent the goods back, whichever is the earlier.
You must bear the direct costs of returning the goods. The costs are not expected to exceed approximately the amount of the delivery or standard courier service.
You shall be solely liable for any diminution in the value of the goods resulting from testing other than as necessary to establish their nature, characteristics and proper functioning.
For further consumer information, see stylepeony.com
Article 39 Terms of delivery:
The delivery of the ordered goods shall be borne by the buyer.