GENERAL TERMS AND CONDITIONS
OF USE FOR THE ELECTRONIC SHOP MODESTAMENTE ONLINE
www.online-modestamente.com is a website for sale and delivery of the goods published on it on behalf of Modestamente Group EOOD. The publishing of this website has the meaning of a public call for the conclusion of a commercial transaction for the purchase of articles from Modestamente Group EOOD.
These General Terms and Conditions determine the terms and conditions for use of the website www.online-modestamente.com, property of Modestamente Group EOOD, hereinafter referred to as the Site, as well as the conditions for electronic commerce through the Site.
“Goods” are the goods offered on the Site for purchase.
“Order” is the request for purchase of the selected goods under the conditions stipulated on the Site.
“Services” are all actions carried out by the dealer during and/or in connection to the offer, sale and delivery of the Goods through the Site.
Parties under the present Terms and Conditions are:
Modestamente Group EOOD, management address city of Sofia, 8-10 Korab planina Str., UIC BG201001363, is the official distributor of the brands on the Site, hereinafter referred to as Seller or Dealer.
Any physical or legal person that has given their explicit consent to these General Terms and Conditions and use the Site for placing orders for the purchase of goods, hereinafter referred to as Customer and Client.
Subject of the General Terms and Conditions
The Seller presents to the Customer a catalogue of offers for the purchase of goods, and the Customer can purchase the goods offered on the Site through request and payment of the respective sale price by complying with and strictly observing the present General Terms and Conditions as well as any additional requirements determined for specific goods.
The Customer – the person that has consented to the present general terms and conditions by marking “I agree with the terms of sale through the Site” and clicking on the button “Do you confirm the order?” – makes an electronic statement under the meaning of the Electronic Document and Electronic Signature Act. By this statement, the Customer states the purchase of the goods offered through the web page of the online shop www.online-modestamente.com, declaring they are acquainted with the present General Terms and Conditions, accept them and undertake to observe them.
The Seller confirms the receipt of the statement immediately by sending a message to the Customer's e-mail address containing the Seller's contact details.
Catalogue of the goods for sale
The Goods for sale are the ones offered on the Site towards the moment of sending a request for purchase by the Customer. The catalogue on the Site can be accessed by anyone. It contains basic information about the product according to its type and specified price. The specified price of each article is per piece including VAT.
The Dealer shall not be liable for any possible differences in the colours of the purchased goods due to specifics of the computer screen. The statement for purchase of Goods shall be accepted as a consent by the Customer regarding the type and quality of the Goods.
Rights and obligations of the Dealer
The Dealer undertakes to:
- confirm the availability of the ordered articles through e-mail/phone call of refuse the order within 3 working days;
- deliver, within the time limit set in the information about the delivery and payment, the requested and confirmed article for sale;
- ensure the confidentiality of the information and personal data presented by their Customers. These data shall not be used, presented or announced to third parties, except in the cases and under the conditions determined in the present General Terms and Conditions.
The Dealer shall be entitled:
- to terminate, suspend or change the provided Services at any time without notifying the Customer when the latter uses the Services in violation of the present terms and conditions, as well as its own discretion. The Dealer shall not bear liability in relation to Customers or third parties for any damages or loss of benefits which have occurred as a result of the termination, suspension, change or limitation of the Services, the deletion, modification, loss, unauthenticated nature, inaccuracy or incompleteness of messages, materials or information which have been transmitted, used, recorded or announced through the Dealer.
- to change the price of the goods offered on the Site without notifying the customers in the site.
- not to bear liability for damages caused to the software, hardware or telecommunication equipment or for loss of data resulting from materials or resources being searched for, loaded or used in any way through the Services provided. Any advice, consultation or help provided by the experts and employees of the Dealer in relation to the use of the Services by the Customers shall not create any liability or obligation for the Dealer.
- to send newsletters to the Customers of the site containing information about current promotions, new products and news. The Dealer shall not be entitled to send such letters to Customers who have explicitly stated that they do not wish to receive them.
- to collect and use information regarding its Customers with the purpose of improving the Services that are offered. The Dealer shall use the information for purposes which are in compliance with Bulgarian legislation.
Rights and obligations of the Client
The Client undertakes to:
- indicate their full name, accurate and valid phone number, delivery address, and email address;
- pay the price of the goods at the time of request and confirmation of the selected goods, and the price shall not change;
- to provide access, actual data for delivery and conditions for receiving the goods. The goods requested for purchase shall be delivered to the delivery address specified by the Client within the time limit set in the information about delivery and payment.
The Client shall be entitled:
- to examine, order and receive Goods from the Site under the terms and conditions determined on the Site;
- to obtain information about the status of their Order;
- to pay the price of the product at the moment of placing the order and the Dealer shall not be entitled to change the price until delivery of the article to the customer;
- to delivery of the requested Goods to the specified delivery address after confirmation by phone or e-mail done by a Dealer's operator.
- to refuse the ordered Goods within 14 days from the date of their receipt provided that they have not been used except for the purpose of trying-on, the integrity of their package has not been damaged and their presentation has been preserved (all labels, stickers, etc. must be on the goods) in the way they were received pursuant to the conditions of article 55 of the Consumer Protection Act.
The Client or a third party shall sign the accompanying documents at the time of delivery. As a third party shall be deemed any person who is not the original recipient of the statement, but who receives the delivery of the Goods and is available at the address specified by the customer.
In case the Client refuses to receive the goods, on the grounds of cases which are not listed below, the refusal shall be deemed groundless and the Client shall be obligated to pay the costs for delivery and return of the Goods.
If the Client is not available at the specified address within the time limit for delivery or access and conditions for delivery of the goods are not provided within that time, the Dealer shall no longer be obligated to deliver the requested goods. The Client may confirm their wish to receive the goods after the time limit for delivery, during which they were not available at the address, by bearing all costs for the next delivery. In this case, a new delivery time limit starting from the moment of confirmation shall be respectively set. Ordered goods shall be delivered to the address specified by the Client.
Terms and Conditions of Delivery
DELIVERY IS FREE WITHIN THE WHOLE COUNTRY.
Ordered goods shall be delivered to the address specified by the Client. The Customer undertakes to provide access and conditions for receiving the goods. Any goods ordered by the customer shall be delivered within 3 (three) working days to the address specified by them provided that the order has been confirmed by the Customer.
If the Customer is not available at the specified address within the time limit for delivery or access and conditions for delivery of the goods are not provided within that time, the order shall be deemed cancelled and the Seller shall no longer be obligated to carry out the requested delivery.
If the Customer confirms their wish to receive the ordered goods after the time limit for delivery, during which they were not available at the address, the latter shall bear the costs for the additional delivery. Costs for the second delivery shall be paid upon receipt of the goods together with the total amount of the order from the first delivery.
For deliveries out of the country, please send an e-mail enquiry to firstname.lastname@example.org specifying the exact address of delivery. You will get a reply within 24 hours indicating the amount and required time for delivery to the address specified by you. The amount of deliveries outside the Republic of Bulgaria shall be on the account of the Customer.
The courier company providing the services is “Ekspreso” AD.
A Customer who has ordered goods through the website shall be entitled to refuse the receipt of any goods ordered by them upon delivery only under the conditions specified in these Terms:
- If the delivered goods do not apparently correspond to the ones ordered by the Customer, and this can be ascertained by a simple inspection of the goods;
- If the goods or their packages are damaged during transportation;
- If the price the Customer should pay does not correspond to the one initially offered on the website;
- If the time limit for delivery is not complied with;
* Claims under the aforementioned points shall be filed only at the time of delivery.
* Outside the scope of the listed cases, the Customer shall not be entitled to refuse receipt and payment of the goods ordered by them. Otherwise, the Customer shall be obligated to pay the costs made for delivery and return of the goods.
Policy for returning goods
According to the Consumer Protection Act and the rules for electronic commerce the customer shall be entitled to file a claim in the following cases: shortages, defects of the goods, discrepancy with the stated size, discrepancy with the stated trademark. The claim shall be filed within 14 working days after receiving the goods. Upon filing a claim, the customer may claim replacement of the article with a new one and the costs for transportation shall be on the account of the dealer. The Dealer shall commit themselves to take actions and reply to the customer regarding the claim that has been filed within 14 working days.
Pursuant to the Consumer Protection Act, any articles received by the customer can be returned within 14 days after the purchase without explicit reasons for this as long as the condition of the article is the same as at the moment of delivering it to the customer:
- The presentation has been well preserved (the product has not been torn, scratched, worn, washed, ironed).
- The receipt or the invoice has been kept.
- There are no damages caused by misuse.
- The original package has been kept – label, supplies and accessories if there were any.
The Seller shall refund the entire amount paid by the customer not later than 30 days from the date on which the customer claimed refusal. Transportation costs for returning the goods shall be on the account of the Client. In case of replacing an article, the transportation costs in both directions shall be on the account of the Client.
Amendment of the General Terms and Conditions
The use of this site and the registration of an order through it shall be deemed to provide consent to those general terms and conditions. If you do not accept these conditions, please do not use this website!
Modestamente Group EOOD reserves the right to amend the terms and conditions at any time without prior notification by publishing the amended terms on the Site.