Please, read carefully the following GENERAL TERMS AND CONDITIONS OF USE of the websites MONIPETROV.COM & GOLDENAGEFASHION.COM, hereinafter referred to in short as THE WEBSITES, prior to your use of those WEBSITES.
- GENERAL PROVISIONS
Art. 1. (1) Through THE WEBSITES “MONI PETROV” LTD. – a company incorporated under Republic of Bulgaria’s Commercial Act, seat and contact address at: city of Kyustendil, 184 Gerena, et.3 ap.8, Bulgaria, UIC: 109562155; VAT: BG109562155 – markets certain goods for sale.
(2) These General Terms and Conditions shall govern the relations between MONI PETROV LTD. on the one part and one the other part – each person using THE WEBSITES, hereinafter referred to as USER. The relations between the parties identified in the preceding sentence and governed by these General Terms and Conditions shall fall into two groups:
– relations arising on account of use of THE WEBSITES and
– relations arising on account of purchase of goods through use of THE WEBSITES.
Art. 2. In order to be able to use the services on THE WEBSITES THE USER has expressly to accept these General Terms and Conditions. Such acceptance shall be effected by checking the field entitled „I hereby agree with the General Terms and Conditions of Use” when you are asked whether you accept the General Terms and Conditions of Use of THE WEBSITES.
Art. 3. THE USER shall only be entitled to use the services of THE WEBSITES for personal/non-business purposes.
- GENERAL DESCRIPTION OF THE SERVICES
Art. 4. THE WEBSITES enable THE USER to place online orders for the purchase of goods from THE WEBSITES. They provide THE USER with a wide-ranging choice of esteemed goods, with detailed descriptions and photos, as well as the opportunity to purchase quickly, comfortably and easily the goods you like, which will be delivered to an address provided by THE USER.
III. MARKETED GOODS
Art.5 (1) THE WEBSITES contain offers relating to the marketed goods. Such offers may be separated and arranged by various indicators, as desired by THE USER.
(2) The offers contain the basic information pertaining to the marketed product (according to its type) and the product’s price. The offers come along with photos.
(3) The price of the individual good, as stated in each offer, refers to one unit of that good.
Art. 6. THE USER may shop from THE WEBSITES as „Guest” or as „Registered user”.
Art. 7. (1) By registering an account via use of email THE USER will save the time to enter a name, phone number and address every time THE USER shops. In addition, THE USER receives extra privileges, such as being the first to find out about our special offers and discounts.
(2) THE WEBSITES enable you to register as a legal entity as well, whereas all company particulars required for invoice issuance are to be entered upon registration.
(3) When completing an electronic registration form THE USER shall be obliged to provide full and true data regarding their identity and the other information required by the electronic form, and shall also be obliged to update such particulars within 7 days of any change therein.
In the event of THE USER providing incorrect particulars when completing the electronic registration form or fails to update any occurred changes within the deadline set forth in the preceding article, THE WEBSITES shall be entitled to suspend forthwith support of THE USER’s registration and access to the customer profile.
(4) Prior sending the registration form THE USER may freely modify the data entered in the registration form.
(5) Once THE USER has registered, THE USER may modify the data in the “My Profile” section. THE USER may change the delivery address there or at the time of placing an order in the “Your Basket” panel.
- PURCHASE ORDER
Art. 8 (1) The products, intended to be purchased from THE USER, have to be added to “THE BASKET”.
(2) A certain product may be added to “THE BASKET” by clicking on the title or photo of that product and then clicking on the “ADD TO BASKET” button.
(3) To examine the products in their Basket, THE USER must press the “TO BASKET” button in the small pop-up window, which appears when the mouse cursor is moved to the uppermost right corner of THE WEBSITES.
Art. 9. (1) The product purchase orders are placed by completing a dedicated form contained on THE WEBSITES.
(2) The purchase order appears when “THE PAYMENT” button in the “BASKET” section is clicked on. Then, in order to place the order, THE USER has to complete the fields in the order, with the mandatory fields being marked by asterisk (*). To move to each following section in the order one must click on the “CONTINUE” button. THE USER may return to a previous order section by pressing the “EDIT” button to the right side of the section title.
(3) The order automatically details the type, quantity, and exact final price (including VAT) of the goods, according to the contents of “THE BASKET” previously entered by THE USER.
(4) When completing a purchase order THE USER undertakes to supply true and accurate information.
Art. 10. (1) The order is placed when “THE ORDER” button in the “PAYMENT” section is clicked.
(2) The action detailed in the preceding paragraph, executed by THE USER, constitutes declaration of intent to enter into contract between THE USER and MONI PETROV LTD., according to the terms stated in the order.
Art. 11. Within 1 business day of the order’s placement, a representative of MONI PETROV LTD. shall dispatch to THE USER an electronic message confirming order receipt or notifying THE USER that their ordered item is not available.
- REFUSAL TO DELIVER
Art. 12. MONI PETROV LTD. shall be entitled to refuse to deliver an ordered product due to technical or organizational reasons. An express notification of such refusal shall be sent to email address provided by THE USER.
VII. TERMS OF DELIVERY
Art. 13. Delivery of any product ordered via use of THE WEBSITES shall be performed under the terms detailed in this section.
Art. 14. Deliveries will be performed via the Speedy JSC, DHL or UPS couriers company.
Art. 15. Delivery within Republic of Bulgaria shall be free of charge for orders, whose cumulative value exceeds BGN 100 (one hundred). For orders below such value the delivery shall cost up to BGN 5.
Art.16. The goods ordered by THE USER shall be delivered 2 – 5 business days as of order placement, provided that the delivery address is valid and accurately entered.
Art. 17. The ordered goods shall be shipped in suitable packaging according to its features and the shipment vehicle used. The goods will be marked with a plastic seal of authenticity and security of the product.
Art. 18. (1) The ordered goods shall be delivered to the address entered by THE USER in the placed order.
(2) THE USER shall be obliged to ensure access to and the ability to receive the goods at the address referenced in Paragraph 1.
(3) If THE USER is not found within the lead time for the order at the provided address or if access is not provided in order to deliver the goods within the stated lead time, the order shall be deemed cancelled, with MONI PETROV LTD. being relieved of its obligation to perform the delivery.
(4) In the event of THE USER confirming their wish to receive the ordered goods following the lead time within which they have not been located at the address, they shall incur the expenses associated with the second delivery. The second delivery expenses shall be paid upon receipt of the goods concurrently with the total amount for the order and the expenses associated with the first delivery.
VIII. STATUTORY WARRANTY
Art. 19. MONI PETROV LTD. would like to remind of the existence of a statutory warranty in regards to the goods’ consistency with the sale contract.
- REFUSAL TO RECEIVE DELIVERED GOODS AND RETURN OF DELIVERED GOODS
Art. 20. (1) AN USER, who has placed an order to purchase goods from the WEBSITES, shall only be entitled to return such goods in the following cases:
- If the delivered goods are not those ordered by THE USER;
- If the delivered goods have defects;
- If the goods were damaged during shipment;
- If the price, which THE USER must pay, is not the one stated on the WEBSITE;
(2) Apart from the cases listed in the preceding paragraph, THE USER shall not be entitled to refuse to receive and pay for goods, which they have ordered for purchase. Should THE USER opt to do so, they shall be liable to pay for the costs incurred for the delivery and return of the goods to MONI PETROV LTD.
Art. 21. (1) After receiving and paying for the goods, THE USER may demand their return to MONI PETROV LTD. and refund of the price paid for the goods in the following cases:
- If the goods contain a defect or inconsistency, which could not have been detected via a standard examination;
- If it is found during use of the goods that they contain a defect, which renders them unfit for their intended purpose;
- In the cases of rejection of the contract pursuant to the provisions of Art. 25-28 of these General Terms and Conditions.
(2) THE USER may exercise the rights stated in the preceding paragraph in case they submit the receipt for the purchased goods.
Art. 22. If there is any inconsistency between the ordered and delivered goods, which could not have been established at the time of delivery, the goods shall be exchanged within 1 (one) business day of receipt of the inconsistency notification, as sent by THE USER to MONI PETROV LTD. via the system dedicated for such purpose, which may be found in the RETURNS sections.
Art. 23. (1) In case of desires of THE USER to exchange an item purchased on the WEBSITES for the same item in a different size or for another item, the purchased item shall be returned via courier following the procedure detailed in the RETURNS sections at THE USER’s cost solely and only provided that the goods are in their original shape, and have not been used, and the packaging and the receipt have been preserved. The Product Authenticity Tag must be attached with the plastic security seal intact. Returned items must be unused and with all original product tags attached, accessories and packaging. Shoes must be returned in their original undamaged boxes.
(2) The substituting item shall be sent to THE USER, according to the provisions of these General Terms and Conditions, to THE USER-entered delivery address, at the cost of MONI PETROV LTD., provided that the order is covered by the promotional free-delivery terms.
Art. 24. (1) THE USER shall be entitled to repudiate the contract without stating a reason, without being liable for compensation or penalty, and without paying for any expenses, except for the expenses listed in Art. 26, Para 2 and Art. 27, within 15 days as of:
- receipt of the goods by THE USER or by a third party different from the shipper and nominated by THE USER, or
- receipt of the most recent goods by THE USER or by a third party different from the shipper and nominated by THE USER, where THE USER has ordered via one order multiple goods, which are being delivered separately.
(2) MONI PETROV LTD. shall make available to THE USER the standard form for exercise of the repudiation right pursuant to Annex No 6 of the Consumer Protection Act. Such form shall constitute Annex No 1 to these General Terms and Conditions.
(3) In order to exercise the repudiation right, THE USER must notify their name, geographic address, and (if any) any phone number, fax number, and e-address, as well as their decision to repudiate the contract by virtue of unequivocal statement. In order to exercise the repudiation right THE USER may use the standard repudiation form, which constitutes Annex No 1 to these General Terms and Conditions or state otherwise and unequivocally their decision to repudiate the contract.
(4) The contract repudiation decision may be sent via email to MONI PETROV LTD. email@example.com
or on paperback to: 184 et.3 ap.8 Gerena , Kyustendil , Bulgaria.
(5) In order to comply with the contract repudiation deadline THE USER it is sufficient to send their notification regarding exercise of the repudiation right prior to expiry of the contract repudiation deadline, as stated in Art. 23, Para 1, Sections 1 & 2.
Art. 25. (1) Should THE USER repudiate any contract executed between them and MONI PETROV LTD., MONI PETROV LTD. will refund to THE USER all payments it has received from the latter, with the exception of the delivery costs no later than 15 days as of the day, on which THE USER has notified to MONI PETROV LTD. the decision to repudiate the contract. MONI PETROV LTD. will make the refund by using the same payment method, which was applied by THE USER in the original transaction, unless THE USER expressly agrees to another mode of refund; in any case such refund shall not result in any costs for THE USER. In case of orders made and paid by cash THE USER should register the data of the account on which would like to be refunded the amount. In any cases, this recovery will not involve any cost to THE USER.
(2) MONI PETROV LTD. shall not be obliged the extra costs for delivery of the goods, where THE USER has expressly selected a mode of delivery, which is different from the cheapest standard mode of delivery offered by MONI PETROV LTD.
(3) MONI PETROV LTD. shall be entitled to defer its refunding of the payments until the goods have been returned or until THE USER produces evidence of having returned the goods, whichever occurs first.
(4) In the event of contract repudiation THE USER must send or return the goods either to MONI PETROV LTD. or to Kyustendil, 184 et.3 ap.8 Gerena, Bulgaria, without unjustified delay and in any case no later than 15 days as of the day, on which THE USER has notified to MONI PETROV LTD.
The deadline shall be deemed met, if THE USER return the goods prior to expiry of the 15-day period.
Art. 26 The delivery costs for the returned goods have to be paid by THE USER.
Art. 27. In the event of contract repudiation, THE USER shall only be liable for the reduction in the goods’ value resulting from any try-out, other than the one necessary to ascertain their nature, features, and proper operation.
- PAYMENT METHODS
Art. 28. Payment of the price for ordered goods shall be made by using any of the following methods, at THE USER’s discretion:
- Cash on delivery – at the time of delivery the price amount is handed over to the courier company employee.
- Via bank card – Visa, Mastercard, Borica/Maestro
- Bank transfer.
The User’s order will be shipped after receiving the amount on the WEBSITES’s account. In case of bank transfer the USER have to fill in the order’s number in the field “Reason of payment”.
- RIGHTS OVER INTELLECTUAL PROPERTY ITEMS AND USE OF NEWS
Art. 29. (1) The WEBSITES’ content – databases, texts, texts, photo material, graphics, etc., – is protected by copyright and neighboring rights within the meaning of the Copyright and Neighboring Rights Act, as well as rights protected by the Marks and Geographical Indications Act, the rights holders being MONI PETROV LTD. and/or its partners and vendors.
(2) No part of THE WEBSITES may be reproduced under any form whatsoever, for any purpose whatsoever and in any medium or computerized environment whatsoever without the express written consent of the holder of the relevant intellectual property right – MONI PETROV LTD. and/or its partners and vendors. Any improper use of THE WEBSITES’ content will be construed as violation of the Copyright and Neighboring Rights Act, Marks and Geographical Indications Act, and the other applicable and enacted laws in Republic of Bulgaria.
Art. 30. The news published on those WEBSITES are only intended for personal use by THE USERS. Use for any other purposes such as publication, multiplication, any form of commercial use, as well as transmission to third parties in full, partial, or processed form without the express written consent of MONI PETROV LTD is unauthorized.
XII. PROHIBITED CONDUCT
Art. 31. (1) THE USER shall not be entitled to act in any manner, which contravenes the generally established rules of communication.
(2) THE USER shall not be entitled to perform malevolent acts – dissemination of viruses and other actions violating rights or interest of MONI PETROV LTD.and/or of third parties.
XIII. PERSONAL DATA AND PROTECTION THEREOF
Art. 32. (1) MONI PETROV LTD. is a personal data administrator registered under the Personal Data Protection Act.
(2) THE WEBSITES warrant privacy of the information containing personal data, as provided by the USER via the completed registration applications. Disclosure of such information shall only be possible in the cases where it is requested by government bodies or officers authorized by law to request and collect any information containing personal data, in accordance with the established statutory procedure.
(3) MONI PETROV LTD. may use the collected traffic data pertaining to THE WEBSITES in order to prepare in-house stats for the purposes of its marketing campaigns.
Art. 33. (1) By accepting these General Terms and Conditions, THE USER agrees to the processing of their personal data.
(2) THE USER shall be entitled to object to the processing of their personal data for direct marketing purposes by sending a written notification to MONI PETROV LTD. at the contact address and e-mail stated on THE WEBSITES.
Art. 34. By accepting these General Terms and Conditions, THE USER agrees to the use of “Cookies” on the part of MONI PETROV LTD., as these help us provide what we believe is the best possible service.
Art. 35. MONI PETROV LTD. makes every effort to maintain on THE WEBSITES information that is true, accurate and current, without precluding the possibility of occasional inconsistencies or omissions occurring for fair reasons.
Art. 36. MONI PETROV LTD. shall not be liable for any consequences, including potential damages, which arise from or relate in any manner whatsoever to the access to, use of, or inability to use THE WEBSITES.
Art. 37. MONI PETROV LTD. shall not be liable for the information (incl. the completeness and reliability thereof) contained on other sites, to which THE WEBSITES provide links.
Art. 38 MONI PETROV LTD. shall not be liable for any fallacy of the information provided by a manufacturer in regards to a given product’s characteristics.
- CHANGES TO THE GENERAL TERMS AND CONDITIONS
Art. 39. (1) In the event of any change to the General Terms and Conditions, the new General Terms and Conditions shall be effective vis-à-vis a registered USERprovided that MONI PETROV LTD. has sent such Terms to the e-mail address made available and THE USER fails to state their rejection of the change to the General Terms and Conditions within the prescribed period.
(2) In the event of any change to the General Terms and Conditions, the new General Terms and Conditions shall not apply not any relations arising on account of the purchase of goods via use of THE WEBSITES, as per THE USER’s placed order.
Art. 40. Within the meaning of these General Terms and Conditions „Cookies” may contain random information selected by the server and shall be used to support the condition of the HTTP transactions, which would otherwise be “no status” ones. These shall be used to verify the identity of a registered user of THE WEBSITES as part of the login process or the original registration on the site, with THE USER not being required to enter username and password anew at each following access to this website. Another application of the “Cookies” is support of the “Shopping Basket” for goods selected for purchase from a given website during a user session, for customization of THE WEBSITES (making various webpages available to different users), as well as for tracking the access of individual users to a particular website.
XVII. FINAL PROVISIONS
Art. 41. These General Terms and Conditions have been adopted by Resolution dated 21.1.2017 of the General Meeting of MONI PETROV LTD.
Art. 42. These General Terms and Conditions shall enter into force on the day of their publication on THE WEBSITES.