General Conditions of Use
Please read these general conditions of Use of the online store (hereinafter ‘the General Conditions’ or ‘the Conditions’) carefully as they represent important information with regards to the rules and conditions under which visitors of the online store www.luxbrand.bg website (the ‘Website’) are allowed to use the Website and its features and review its contents including for the purposes of buying products, marketed on the Website.
I. INFORMATION REGARDING E&S WATCHES AND JEWELLERY OOD
1. The Website is property of E & M Watches and Jewellery EOOD (hereinafter referred to as “E & M”), a company registered in the Commercial Register kept by the Registry Agency at the Ministry of Justice of the Republic of Bulgaria under universal identification code /UIC/: 175200441, with seat and address of management at No.46 Cherni Vrah Street, Sofia 1407, Bulgaria, (“E&M”, “We” or “Us”).
2. In addition to the abovementioned address, you can contact us on the following contact forms:
• Email: info@ luxbrand.bg,
• Phone number: 359 2 981 77 70, +359 887 04 14 77 – boutique, +359 2 981 71 71 – office.
3. When using the presented means of communication with Us, we do not impose any additional value,
II. USER REGISTRATION. RULES ON PROCESSING OF PERSONAL DATA AND USE OF COOKIES
1. The registration on the Website is not mandatory and the user can make orders without registration. However, in order to facilitate the purchase of products on the Website E&M offers the option to Users to select to register on the Website. Upon registration Users will be provided with and asked to consent to the General Conditions of Use of the online store, including in the part for the return of purchased products, ,as well as other applicable rules and policies related to the business activities of E&M. The User will also be provided and asked to consent with the abovementioned documents before finishing the online purchase if he/she is not registered on the website.
2. Upon visiting the Website and/or registration the Users will be offered to subscribe to the E&M marketing emails Us, our products, promotions, and exclusive offers, as well as other information E&M may consider useful for its Users. Consent to the marketing emails is not mandatory and does not affect in any way ordering products from the Website.
3. User consents and personal data provided upon use and/or registration at the Website shall be processed in accordance with the E&M Privacy Policy.
4. Upon his first visit to the Website, the User shall be informed of the use of digital tracking technologies (cookies) on the Website and asked
to review the E&M Cookie Policy and set the scope of cookies used.
III. COPYRIGHT AND TRADEMARK
1. All rights pertaining to the content on the Website (text, images, video, logos, voices, programs, as well as menus, web pages, graphics, colours, patterns, tools, characters, pictures, drawings, diagrams, layouts and overall design of the Website as well as functions and software that are part of the Website) belong to E&M Watches and Jewellery OOD, with seat and management address: No.46 Cherni Vrah Street, Sofia 1407, Bulgaria, or the third parties, if any, engaged by E&M.
2. None of the photos, illustrations, designs, logos and other works on the Website mentioned above may be used without our prior permission.
3. All of the trademarks and service marks used on our website belong to E&M or are used based on official rights such as on the basis of a license agreement. Their unauthorized use is not permitted.
IV. PRICES AND PAYMENT METHOD
1. By placing an order the Consumer explicitly acknowledges that in the event E&M confirms the Order, the Order shall be executed after the Consumer fulfils his obligation to pay the full amount of the respective purchase price.
2. All prices of the products offered by E&M in the online store are final, announced in euro (EUR) and in leva (BGN) including VAT and all other taxes or fees required by law.
3. Consumer shall be informed in advance before submitting the order in the Shopping Bag section of all shipping costs or fees, if any, as these will be included in the total price through the Website.
4. All payments on the Website of the online store are made only through a virtual POS terminal. Every purchase on the Website is made with the highest degree of security thanks to our partnership with Bulgarian Postbank https://www.postbank.bg/en and their secure payment system with virtual POS terminal.
5. In the event of online or bank payments, E&M shall not be liable for any costs in connection with fees, commissions or other additional payments made by the customer or his bank related to the transaction itself, and in the cases of currency exchange applied by the bank that issued the card to the client in the cases where the currency is different from BGN.
6. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the Checkout Section, will be charged to the Consumer’s account upon completion of the order.
7. In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to BulgarianPostbank (https://www.postbank.bg/en) and their virtual POS terminal, without third parties having any access thereto whatsoever. Such details will not be used by E&M except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police.
8. Under no circumstances and at no stage of the payment process, the details of the credit card of Consumer will be disclosed to E&M because such details will be directly sent, in a secure manner, to the website of the financial institution in charge of the transaction. Since none of such data will be stored in E&M’s files, E&M will not be liable for fraudulent and unlawful uses, if any, made by third parties of the Consumer’s credit card during the payment procedure.
9. In the event the Customer is located outside the EU he/she might be entitled to a reduction in the VAT or VAT exemption. The Customer shall receive the VAT reduction/exemption provided that he/she presents the Tax Refund application within 3 months of the purchase and the documentation required by the applicable laws, including:
– Copy of Order Confirmation and Shipping Confirmation with custom stamp certifying the export of the Products purchased from the European Union;
– Copy of Valid Client ID Card certifying that the Client resides outside the European Union.
V. RULES ON THE SALE OF PRODUCTS FROM E&S
1. Acceptance of the standard terms of sale
1.1. These rules for the sale of products from the online store of E&M are an integral part of the General conditions of use of the website of the online store. They define the basic rules for placing orders and selling products from the online store of E&M.
1.2. The contracts from distance executed between E&M and the Consumer shall be deemed binding upon acceptance of the order, including partial acceptance by E&M. An order placed by the Consumer is executed when it is confirmed by E&M and the Consumer has paid the full amount of the respective purchase price. In the event that the order is not accepted by E&M, E&M shall immediately inform the Consumer thereof.
1.3. By placing an order with the order form made available on the Website (hereinafter, the “Order”), the Consumer shall read all of the indications given during the purchase procedure and shall accept, in full, these general conditions.
1.4. These Conditions may be printed or stored on permanent storage devices, in accordance with the applicable legislation currently in force. E&M does not register the individual sale agreement relating to a specific Order and such agreement shall not be deemed as a written agreement.
2. How to buy the products
2.1. The products offered for sale by E&M are only and exclusively the ones displayed on the Website when the Order is placed, as described in the relevant product information description.
2.2. Consumer can place an order by adding products to the Shopping Cart. To complete the order the Customer ought to visit the Shopping Cart section on the Website and duly fill-in the order form.
2.3. E&M has the right to change prices at its discretion at any time without prior notice to
consumers. The consumer is obliged to pay the price that was current at the time of concluding the contract. In case of technical errors in the publication of the site,
www.luxbrand.bg has the right to refuse the performance of the contract and does not owe compensation in any way to the consumer, except to refund the amounts paid by the consumer, if any. The message for reduced prices is by placing the new price next to the old one which is crossed out. If no term of the reduced price is indicated, this price shall be valid until the quantities are exhausted, but not more than 1 month or 6 months when it is under conditions under Art. 66 para 2 of the CPA.
2.4. Consumer may edit, correct and amend any order details using the Website functionalities including in the Shopping Cart section up to the moment of finalizing the order. Once the order has been submitted the Consumer shall not be able to edit order details.
2.5. Before finalizing the order the Consumer shall be asked to carefully review the product specifications, the relevant price (inclusive of all applicable taxes and charges), shipping costs (including the ancillary costs that may be incurred in case a shipping and delivery method quicker and/or different from the standard delivery one is chosen) all displayed in the Checkout Section and review and consent to these General Conditions of Sale.
2.6. Once the order has been finalized and submitted E&M shall confirm that the Order has been properly received by sending an email message to the address notified by Consumer without delay, but no later than 48 hours after receiving the Order. The email will contain these
General Conditions of Sale and shall contain the products’ main characteristics, detailed information on the price, terms of payment, return policy and shipping costs.
2.7. E&M may not process the Order when orders are incomplete or incorrect, or the products are no longer available and in case after the confirmation of the order, the Consumer has not made due payment of the purchase price.
2.8. In the above cases, E&M shall inform you by email that the contract has not been executed and that E&M has not carried out your Order specifying the reasons thereof.
2.9. In the event that the products displayed on the Website are no longer available at the time of your last access and once the Seller has received your Order, the same shall inform you of the unavailability of the ordered products as soon as possible.
2.10. If the order form has been sent and the price has been paid for items that are no longer available, the Seller will refund, without undue delay, the amount paid for those items and the contract between the parties will consider to have been terminated.
2.11. E&M shall confirm acceptance of the Order and execution of the sale agreement in a reasonable time.
VI. DELIVERY OF THE PRODUCTS ORDERED FROM E&S
1. E&M, its suppliers and its logistics service providers shall deliver the products purchased by Consumer at the address indicated by the latter in the Order, at the cost specifically indicated in the Website at the Checkout section before the Order is confirmed.
2. The purchased products shall be delivered by TNT Bulgaria EOOD or directly by E&M (‘the Courier’). Delivery charges including the charges for insurance of the goods shall be borne by E&M provided that the Consumer opts for standard delivery. Information about the services and prices offered by TNT Bulgaria OOD can be found here: Транспортни услуги | TNT Bulgaria
3. Should the consumer exercise his/her right of withdraw from the contracts E&M shall reimburse the delivery costs only up to the standard delivery option costs; the difference between the standard delivery costs and the amounts paid for premium delivery, if any, shall remain at the expense of the Consumer.
4. The purchased products shall be delivered on working days (thus excl. Saturdays, Sundays and local or national holidays) within 3 to 5 working days and in any case no later than 30 (thirty) days from the confirmation of the order, except if a Force Majeure Event occurs.
5. In the event that the purchased products have not been delivered within the deadline above, the Consumer may email E&M at info@luxbrand.bg stating the delay and requesting delivery within an additional deadline of 7 calendar days – unless another additional deadline is specified by the applicable laws.
6. In case the purchased products have not been delivered within the additional deadline – absent a Force Majeure Event – the Consumer shall be entitled to terminate the contract and receive a full refund of any sums paid with regards to the order in question.
7. To confirm the delivery of the products, the
Consumer shall sign the relevant receipt
provided to him, having checked that:
– the number of items delivered corresponds to the number indicated in the bill of parcels.
– the packaging is intact, not damaged or wet, and, in any case, unaltered, including the sealing material.
8. Any damage detected in the packaging and/or the product, and any discrepancy found in the number of items or in the indications contained in the bill of parcels, should be immediately reported in the bill of parcel to be returned to the courier.
9. Any problem concerning the integrity of the products received, their number and completeness should be reported with no delay from the relevant delivery in order to allow E&M to proceed with the necessary verifications.
10. The risk of loss or damage to the products shall pass to the Consumer once the Consumer or a third party indicated by the Consumer other than the Currier has acquired physical possession of the products.
11. Ownership of the products shall only pass when the Consumer has fully paid the price due for the products, including delivery charges.
VII. RULES ON THE RETURN OF PURCHASED PRODUCTS FROM E&S
1. These rules for returning already purchased products from the online store of E&M are an integral part of the General conditions of use of the website of the online store. Please read these rules. They contain important information about the right to return purchased goods, as well as cases in which requests for return of products will not be granted.
2. According to the applicable EU law and the national legislation of the Republic of Bulgaria for consumer protection, the User has the right to withdraw from a distance contract (concluded outside the commercial site of the trader) within 14 / fourteen days / from receipt of the product. The User can also exercise his/her right of withdrawal in the period between the conclusion of the contract and the delivery of the product.
3. For all products with a delivery address within the city of Sofia, the application for withdrawal from the contract is accepted only by personal return of the goods in the store of E&M at the address: Sofia 1000, Narodno sabranie Square № 12.
4. For all products with a delivery address outside the city of Sofia or outside the Republic of Bulgaria, the application for withdrawal from the contract is accepted by sending a written application from the email address with which the order was made to the email address of “E&M”: info@luxbrand.bg
4.1. Upon receipt of the application, we will return a confirmation of receipt by email.
4.2. Within 14 days of receiving the application, the User must send the product by courier to the following address: Sofia 1000, Narodno sabranie Square 12.
5. Before deciding whether to accept the withdrawal application, E&M will inspect the product and its packaging.
6. Our products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original box and delivery package, including
all accessories and documents. All returns will be subject to strict Quality Control (“QC”) by us to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, we will refuse the return, and the products will be returned to you at your own cost. If the returned product satisfies QC, we will proceed with the refund or exchange. Failure to comply with these General Conditions will entitle us to refuse the returned product and send it back to you, at your own cost.
7. The right of withdrawal from the contract does not apply in case of ordering:
• an individually crafted item, made according to the User’s instructions or according to his individual requirements,
• goods, the price of which depends on the fluctuations of the financial market, which cannot be controlled by the trader and which may occur during the period for exercising the right of withdrawal.
8. All costs associated with the return of products are borne by the User, including the charges for insurance of the good. E&M is not responsible for any damage that has occurred during the transportation of the products.
9. E&M provides a legal guarantee for the purchased products for a period of 2 / two / years according to the rules of Art. 105, para. 2 and section II (Art. 103a to 116) of the Bulgarian Consumer Protection Act.
10. In case of non-compliance of the consumer goods with the sales contract, the consumer has the right to file a complaint, requesting E&M to bring the goods in compliance with the sales contract. In this case, the consumer can choose
between repairing the product or replacing it with a new one, unless this is not possible or the method of compensation he has/she chosen is disproportionate to the other.
11. In case of non-compliance of the consumer goods with the contract of sale and when the consumer is not satisfied with the resolution of the claim under p.10 above, he has the right to choose between one of the following options:
– cancellation of the contract and refund of the amount paid by him/her;
– price reduction.
12. The consumer may not claim a refund of the amount paid or a reduction in the price of the goods when E&M agrees to replace the consumer goods with a new one or to repair the goods within one month of the complaint being filed from the consumer.
13. The consumer may not claim cancellation of the contract if the non-conformity of the consumer goods with the contract is insignificant.
VIII. LINKS
1. When creating a link to the Website, We may decline the link depending on the content of the website being linked from and the method of that link. Furthermore, E&M in no way guarantees the content of any sites to which it is linked and bears no responsibility at all for any damages incurred by a site that is linked to.
IX. FORCE MAJOURE
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contracts and these general conditions that is caused by events outside our reasonable control (below “Force Majeure Event”).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
· Strikes, lock-outs or other industrial action.
· Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
· Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
· Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
· Impossibility of the use of public or private telecommunications networks.
· The acts, decrees, legislation, regulations or restrictions of any government.
3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
X. SEVERABILITY
1. If any of these General Conditions of Use or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
XI. TERMS AND APPLICABLE LAWS
1. All terms used in the General Conditions herein, as well as their derivatives shall be interpreted in compliance with the applicable laws unless not explicitly specified otherwise above.
XII. FINAL PROVISIONS
1. These General Conditions of Use come into force on 24.11.2020.
Date of latest revision is 24.11.2020
2. The Conditions are valid indefinitely throughout the period of the online store’s operation.
3. These General Conditions of Use may be amended due to the adoption of new laws and regulations or other reasons. In the event of an amendment, the new General Conditions of Use shall be effective as of the date of publication on the Website.
4. In any case the new General Conditions of Use will be applied only to the Orders filled after the date of publication. The previous Orders and relevant purchases will be ruled by the relevant past versions of the Conditions.
5. The amended General Conditions shall be notified to all registered users of the Website at
the email addresses specified by them for communication and updates from E&M.
6. In the event of a legal dispute of any kind between a User and E&M, Bulgarian law is applicable. The User and E&M agree to resolve disputes in a spirit of understanding. If this is not possible, the dispute will be resolved by the competent Bulgarian court.
7. Bulgarian legislation and EU law are applicable to issues not settled by these General conditions.
8. Information provided according to Art. 181n of the Consumer Protection Act:
8.1. A Consumer dispute that may arise out of these General Conditions may also be referred to the Commission for Consumer Protection: КЗП (kzp.bg)
8.2. A payment dispute that may arise out of these General Conditions may also be referred to the Conciliation Commission on Payment Disputes within the framework of the Commission for Consumer Protection: Помирителна комисия за платежни спорове (ПКПС) – Контакти (abanksb.bg)
8.3 Any consumer dispute that may arise out of these General Conditions may also be settled through the European Commission Online Dispute Resolution website http://ec.europa.eu/odr dedicated to helping consumers and traders resolve their disputes out-of-court, including cross-border disputes.
9. These conditions are drafted in Bulgarian and in English language. In case of discrepancy, the Bulgarian language version shall prevail.