Terms of use of http://lescoconsdemamie.com website
These terms and conditions govern the relationship between Les cocons de mamie, hereinafter referred to as “Merchant”, on the one hand, and the Users of the websites and services located on the http://lescoconsdemamie.com website, hereinafter referred to as “Users”, on the other hand.
Les cocons de mamie is a company registered under the Commercial Law of the Republic of Bulgaria with UIC 207555106 address Ilinden 123 B app 46, email address [email protected].
Please read the published Terms and Conditions in full before using the information and commercial services offered on the Site (hereinafter referred to as Services).
This document contains information about the activities of Les cocons de mamie and the general terms and conditions of use of the Services provided by Les cocons de mamie, and governs the relationship between us and each of our users.
Confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the User and the Merchant.
By accepting the General Terms and Conditions, the User agrees to the processing of their personal data on the basis of the contract concluded between them and the Merchant.
Definitions
For the purposes of these General Terms and Conditions, the following terms are to be understood in the following sense:
Website – http://lescoconsdemamie.com
Consumer – any natural person who acquires goods or uses services which are not intended for carrying out a commercial or professional activity, and any natural person who, as a party to a contract under this Act, acts outside his commercial or professional activity.
Terms and Conditions – these Terms and Conditions, which include terms of use, cookies, registration and shipping rules, voluntary dispute resolution, cancellation and exchange forms and any other legally relevant information found on the Site.
Personal Data – information about an individual that reveals his or her physical, psychological, mental, family, economic, cultural or social identity.
Goods – movable tangible property, except for items sold under execution or other measures by authorities authorized by law, as well as items abandoned or confiscated for the benefit of the state, declared for sale by state authorities. Water, gas and electricity, when offered for sale, packaged in a limited volume or quantity, are also goods.
Sales contract – a contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price for them, including contracts having as their object both goods and services.
Alternative consumer dispute resolution procedure – a procedure for out-of-court resolution of consumer disputes, meeting the requirements of this Law and implemented by an alternative consumer dispute resolution body.
Services provided
- On the Site Users have the opportunity to conclude contracts for the purchase and sale of the goods offered by the Merchant.
Order
2. Users use the website interface to enter into contracts with the Merchant for the goods offered.
2.1. The contract for the purchase and sale of goods shall be deemed to be concluded from the moment the order is confirmed by the Merchant
2.2. In the event of non-availability of a product, the Merchant reserves the right to refuse the order.
2.3. After selecting one or more goods offered on the Merchant’s website, the User must add the same to his list of goods to purchase.
2.4. It is necessary for the User to provide details for making the delivery and to choose the method and time of payment of the price, after which the User must confirm the order through the interface of the website.
2.5. When placing an order, the User receives an email confirmation that his order has been accepted.
3. The Merchant has the right to refuse to enter into a contract with an incorrect User.
3.1. The Merchant has the right to treat a User as incorrect in cases where:
1. there is non-compliance by the User with the General Terms and Conditions;
2. there is an incorrect, arrogant or rude attitude towards the Merchant’s representatives;
3. the User is found to have systematically abused the Merchant.
Prices
4. The prices of the goods offered shall be those quoted on the Merchant’s website at the time of placing an order, except in cases of obvious error.
4.1. The prices of the Goods include VAT where it is provided for.
5. The Merchant reserves the right to change the prices of the goods offered on the Website at any time and without notice and such changes will not affect orders already placed.
6. The Merchant may grant discounts for the goods offered on the Site, in accordance with Bulgarian law and rules set by the Merchant. The rules applicable to such discounts are available where the discount is displayed. Discounts may be provided in various forms (e.g. promotions, loyalty discounts, provided individually, randomly or as a result of participation in a contest or customer survey).
6.1. Different types of discounts cannot be combined when ordering and purchasing the same goods.
Payment
7. When the User returns goods with the right to a refund for any reason, the price subject to refund shall be reduced by the value of the discount received, applied to the goods, and only the amount actually paid shall be refundable.
8. The user may pay the price of the goods ordered using, at his choice, one of the options listed on the website. On the Website it is possible to pay by the following methods:
– by credit or debit card
9. If the User chooses the option of delivery by courier and payment by cash on delivery, the User must pay the price of the ordered items together with the courier’s delivery cost upon receipt of the goods.
10. If the User selects a payment method involving a third party payment service provider, the User may be bound by the terms and conditions and/or fees of such third party.
11. The Merchant shall not be liable if a payment method involving a third party payment service provider is unavailable or otherwise non-functional for reasons that cannot be attributed to the Merchant.
Withdrawal and replacement
12. The User shall have the right to withdraw from the contract without giving any reason, without compensation or penalty within 14 days from the date of acceptance of the goods by the User or by a third party.
13. In order to exercise his right under this clause, the User must notify the Merchant unequivocally of his decision to withdraw from the contract, individualizing the goods he wishes to return by providing all details of the order and delivery made, including but not limited to: the content and value of the order, details of the person who made the order, details of the person who accepted the delivery and the date of delivery.
14. The trader shall publish on its website a form for exercising the right of withdrawal.
15. To exercise the right of withdrawal, the Trader shall give the consumer the choice of completing and submitting electronically via the website the standard withdrawal form or another unambiguous application. In such cases, the Merchant shall immediately send to the User an acknowledgement of receipt of his/her withdrawal on a durable medium.
16. The Consumer shall return the goods at his own expense, together with the receipt and the invoice, if any, to the Merchant or to a person authorised by the latter, within 14 days of the date on which the Consumer has exercised his right of withdrawal.
17. Upon return, the goods must be in their original packaging, without signs of use or damage to the commercial appearance.
18. The trader has the right to postpone refunds until the goods have been received back or until proof has been provided that the goods have been sent back, whichever is the earlier.
19. In the event that the Consumer fails to fulfil his obligation to return the goods without notifying the Merchant of the delay and without providing a valid reason for the same, he shall be deemed to have withdrawn his statement of exercise of withdrawal.
20. Where the Merchant has incurred costs in connection with the performance of the contract and the Consumer withdraws from the contract, the Merchant shall be entitled to retain the relevant amount for the costs incurred or to demand payment thereof.
21. The Consumer shall not be entitled to withdraw from the contract in the event that the subject matter thereof are:
– for the delivery of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection
22. The trader shall refund the price paid by the consumer for the returned goods.
22.1. If the Consumer has made a payment under the contract by bank card and has exercised his right of withdrawal from the contract, the refund shall be made by ordering a reverse transaction on the card with which the payment was made within 7 working days.
Warranties and claims
23. The consumer has the right to claim for any non-conformity of the goods or services with the agreed/ordered when, after delivery, discrepancies with the contract of sale are found.
24. The trader is not liable for the natural wear and tear of the goods.
25. Any non-conformity of the consumer goods with the contract of sale which becomes apparent within 6 months after delivery of the goods shall be deemed to have existed at the time of delivery, unless it is proved that the lack of conformity is due to the nature of the goods or the nature of the non-conformity.
26. The consumer may not contest the conformity of the consumer goods with the contract of sale where:
1. he knew or could not have been unaware of the non-conformity when the contract was concluded;
2. the non-conformity is due to materials provided by the consumer.
27. The consumer shall have the right to claim the goods or services regardless of whether the manufacturer or trader has provided a commercial guarantee for the goods or services.
28. Where the claim is satisfied by the replacement of the goods with other goods conforming to the agreed terms, the Trader will retain the consumer’s original warranty terms.
29. When making a claim, the consumer may claim a refund of the amount paid, replacement of the goods with another conforming to the agreed price or a discount on the price.
30. Complaints shall be made verbally to the telephone number indicated by the Merchant or in writing via the email address indicated, by post or submitted to the address of the Company. The Merchant shall make a claim form available on its website.
31. When submitting a claim, the consumer shall indicate the subject of the claim, his preferred method of satisfying the claim, the amount claimed respectively, and the address, telephone number and email for contact.
32. When submitting a claim, the consumer must attach the documents on which the claim is based, namely:
1. receipt or invoice;
2. reports, deeds or other documents establishing the non-conformity of the goods with the agreed;
3. other documents establishing the basis and amount of the claim.
33. A claim for consumer goods may be made up to two years from the delivery of the goods, but not later than two months from the establishment of the non-conformity with the contract.
34. The time limit shall cease to run during the time necessary for the seller and the consumer to reach an agreement to resolve the dispute.
35. If the Seller has provided a commercial guarantee for the goods and the period of the guarantee is longer than the time limits for making a claim under par. 1, the claim may be submitted until the expiry of the commercial guarantee.
36. The making of a claim shall not preclude the bringing of an action.
37. The trader shall keep a register of claims. A document shall be sent to the User at the email address indicated by the User, in which the number of the claim from the register and the type of goods are indicated.
38. When the Merchant satisfies the complaint, it shall issue a certificate to that effect, which shall be drawn up in duplicate, and shall provide one copy to the Consumer.
39. The Trader shall, in the event of a justified complaint, bring the goods into conformity with the contract of sale within one month from the date on which the complaint was made by the Consumer.
39.1. If the goods have not been repaired after the expiry of the period referred to in the preceding paragraph, the Consumer shall have the right to cancel the contract and to be refunded the amount paid or to claim a reduction in the price of the consumer goods pursuant to Article 114 of the Consumer Protection Act.
39.2. Bringing the consumer goods into conformity with the contract of sale shall be free of charge for the Consumer. He shall not be liable for the costs of dispatch of the consumer goods or for materials and labour related to their repair and shall not suffer any significant inconvenience.
40. In the event of non-conformity of the consumer goods with the contract of sale and where the Consumer is not satisfied with the resolution of the complaint, he shall be entitled to choose between one of the following options:
1. cancellation of the contract and refund of the amount paid by him
2. a price reduction.
41. The consumer may not claim a refund of the amount paid or a reduction in the price of the goods where the trader agrees to replace the consumer goods with new ones or to repair the goods within one month of the consumer making the complaint.
42. The trader shall be obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the consumer where, after having satisfied three consumer complaints by repairing the same goods within the warranty period, there is a subsequent occurrence of non-conformity of the goods with the contract of sale.
43. The consumer may not claim rescission of the contract if the non-conformity of the consumer goods with the contract is minor.
Intellectual property
44. The intellectual property rights in all materials and resources located on the Merchant’s website (including the available databases) are protected under the Copyright and Related Rights Act, belong to the Merchant or the appropriately designated person who has assigned the right of use to the Merchant, and may not be used in violation of applicable law.
45. In the event of copying or reproduction of information outside the permissible scope, as well as in the event of any other infringement of the intellectual property rights on the Merchant’s resources, the Merchant shall be entitled to claim compensation for direct and indirect damages in full.
46. Except where expressly agreed, the User may not reproduce, modify, delete, publish, distribute or otherwise disclose the information resources published on the Merchant’s website.
47. The Merchant undertakes to exercise due diligence to ensure that the User is able to properly access the services provided.
48. The Merchant reserves the right to suspend access to the services provided. The Merchant has the right, but not the obligation, at its discretion to delete information resources and materials published on its website.
Termination and cancellation of the contract
49. The Merchant shall have the right to terminate the contract unilaterally at its own discretion, without notice, in the event that it finds that the services provided are being used in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria and generally accepted moral standards.
50. Except in the cases provided for in these General Terms and Conditions, the contract between the parties shall also be terminated if the activity of the Merchant is discontinued or the maintenance of its website is discontinued.
51. Outside of the cases mentioned above, either party may terminate this contract by giving one week’s notice to the other party in the event of failure to perform its obligations under the contract.
52. The written form of the contract shall be deemed to have been complied with by sending a message by electronic mail (e-mail), pressing an electronic button on a content page that is filled in or selected by the User or ticking a box (check box) on the website, etc., as long as the statement is recorded technically in a way that makes it possible to reproduce it.
Saving clause
53. The parties declare that, in the event that any clause(s) under these Terms and Conditions should prove to be invalid, this shall not invalidate the entire contract or any other parts thereof. The invalid clause will be superseded by mandatory rules of law or established practice.
Modification of the general terms and conditions
54. The Merchant shall notify the Users of any amendment to these General Terms and Conditions within 7 days of the occurrence of such circumstance to the email address provided by the User.
55. Where the User does not agree with the amendments to the General Terms and Conditions, the User shall have the right to withdraw from the contract without giving any reason and without being liable to compensation or penalty. In order to exercise this right, the User shall notify the Merchant within one month from the receipt of the notification referred to in the previous article.
56. In the event that the User does not exercise his right to withdraw from the contract in the manner set out in these General Terms and Conditions, the amendment shall be deemed to have been accepted by the User without objection
Applicable law
57. The provisions of the legislation in force in the Republic of Bulgaria shall apply to all matters not covered by these General Terms and Conditions.