General conditions

Website Terms of Use

These General Terms and Conditions govern the relationship between Zara Trading Ltd, hereinafter referred to as "Merchant", on the one hand, and the users of websites and services located on the website www.zvezdinka.com, hereinafter referred to as "Users", on the other hand.

Zara Trading EOOD is a company registered under the Commercial Law of the Republic of Bulgaria with UIC BG207891224, address Sofia, email address contact@zvezdinka.com.

Please read the published Terms and Conditions in full before using the information and commercial services offered on the Site (hereinafter referred to as the Services).

This document contains information about the activities of Zara Trading Ltd, and the general terms and conditions for the use of the services provided by Zara Trading Ltd, governing 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 his personal data on the basis of the contract concluded between him 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 - www.zvezdinka.com and all its subpages.

User - any natural person who acquires goods which are not intended for carrying on a trade or profession and any natural person who, as a party to a contract under this Act, acts outside the scope of his trade or profession.

General conditions - these Terms and Conditions, which include terms of use, cookies, registration and shipping policies, 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, with the exception of property sold in execution or by other measures by bodies authorised by law, as well as property abandoned or confiscated for the benefit of the State, declared for sale by State bodies.

Contract of sale - a contract under which the trader transfers or undertakes to transfer 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 dispute resolution procedure for consumer disputes - a procedure for out-of-court settlement of consumer disputes which meets the requirements of this Act and is implemented by an alternative dispute resolution body.

Services provided

1. On the Site, Users have the opportunity to conclude contracts for the purchase and delivery of the goods offered by the Merchant.

1.1. The goods offered by the Merchant through the Website are intended for individuals and/or legal entities.

Order

2. Users use the website interface to conclude contracts with the Merchant for the purchase and sale of the offered goods and their delivery on the territory of the Republic of Bulgaria.

2.1. The contract for the purchase and sale of goods shall be deemed to be concluded from the moment of confirmation of the order by the Merchant.

2.2. In the event of unavailability of an item or inability to perform a service, 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 delivery and to select the method and time of payment of the price, then confirm the order through the interface of the site.

2.5. When placing an order, the User receives an email confirmation that his order has been accepted.

3. The trader has the right to refuse to conclude 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 a failure by the User to comply with the Terms and Conditions;
2. unfair, arrogant or rude treatment of the Merchant's representatives is found;
3. systematic abuses by the User against the Merchant have been established.

Subcontractors

4. The User agrees that when ordering goods from the Merchant's website, the Merchant may assign the execution of the contract to a third party to deliver the ordered goods to the User. The use of a subcontractor does not require the consent of the user.

4.1. Subcontractors used by the Merchant are not a party to the contract between the Merchant and the Consumer.

Prices

5. The prices of the goods offered are those indicated on the Merchant's website at the time of ordering, except in cases of obvious error.

5.1. The prices of the Goods include VAT in cases where it is provided for.

5.2. The Merchant reserves the right to change at any time and without notice the prices of the goods offered on the Site, such changes will not affect orders already placed.

6. The Merchant may provide 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.

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 applied to the goods and only the amount actually paid shall be refundable.

Payment

8. The user can pay the price of the ordered goods through the following methods:

• Cash on delivery or postal money order, in accordance with the terms and conditions of the relevant third party offering the payment service.

9. The Merchant reserves the right to establish other methods of payment on the Website, including through the services of third party payment operators, as well as payment in cash on the spot at a retail outlet after an order has been placed.
10. If the User chooses 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, including with respect to the fees payable for the relevant payment transaction.
11. The user should be explicitly aware of the fact that the use of the services "cash on delivery" and "postal money order" of the respective courier and payment service providers is associated with the payment of additional fees in accordance with the tariff of the respective providers, which fees may not be reflected in the interface of the site when placing an order due to the fact that they are not included in the price for the delivery of goods, but are a fee payable for the respective payment services.

Withdrawal and replacement

12. The User has 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.

12.1. The consumer shall not be entitled to withdraw from the contract if the subject of the contract are goods for which such an exception is expressly provided for in the Consumer Protection Act.

12.2. The User declares that he/she is aware of the fact that the products that can be ordered through the Website are items that cannot be returned after unpacking (opening) due to their nature - cosmetic products. They can only be withdrawn from the contract if the integrity of their packaging is not compromised.

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 the 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 publishes on its website a form for exercising the right of withdrawal.
15. In order to exercise the right of withdrawal, the Trader shall provide the consumer with 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 the consumer an acknowledgement of receipt of his/her cancellation on a durable medium.
16. The User is obliged to return the goods at his own expense, together with the receipt and the invoice, if any, handing them over to the Merchant or to a person authorized by the latter, within 14 days from the date on which the User has exercised his right of withdrawal from the contract.
17. On return, the goods must be in their original packaging, without any signs of use or damage to the commercial appearance.
18. The trader has the right to postpone the refund 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 User fails to fulfill 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 from the contract.
20. Where the Merchant has incurred costs in connection with the performance of the Contract and the User 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 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 with a bank card and has exercised his right to withdraw 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 with the agreed/ordered when, after delivery, discrepancies with the contract of sale are found.
24. The retailer is not responsible for any colour difference due to natural variations in colour reproduction from different monitor models.
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 to the nature of the non-conformity.
26. The consumer may not contest the conformity of the consumer goods with the contract of sale where:
27. knew or could not have been unaware of the discrepancy when the contract was entered into;
28. the discrepancy is due to materials provided by the user.
29. The consumer has the right to make a claim for goods regardless of whether the manufacturer or trader has provided a commercial guarantee.
30. When the satisfaction of the complaint is made by replacing the goods with another, corresponding to the agreed, the trader will keep the consumer the original warranty conditions.
31. When making a claim, the consumer may claim a refund of the amount paid, replacement of the goods with another, corresponding to the agreed or a discount on the price.
32. Complaints shall be made verbally to the telephone number indicated by the Merchant or in writing via the e-mail address indicated, by mail or submitted to the address of the Company. The Merchant shall make a claim form available on its website.
33. When submitting a claim, the consumer shall indicate the subject of the claim, his preferred method of satisfying the claim, respectively the amount claimed, and the address, telephone number and email for contact.
34. When submitting a claim, the consumer must attach the documents on which the claim is based, namely:
35. receipt or invoice;
36. protocols, acts or other documents establishing the non-conformity of the goods with the agreed;
37. other documents establishing the basis and amount of the claim.
38. A consumer product claim may be brought up to two years from the delivery of the goods, but no later than two months from the discovery of the non-conformity with the contract.
39. The time limit stops running during the time it takes the seller and the consumer to reach an agreement to resolve the dispute.
40. If the Merchant has provided a commercial guarantee of the goods and the term of the guarantee is longer than the terms for filing a claim under par. 1, the claim may be made until the expiry of the commercial guarantee.
41. The making of a claim is not a bar to a claim.
42. The trader shall keep a register of claims. A document shall be sent to the User to the email address indicated by the User, in which the number of the claim from the register and the type of goods are indicated.
43. When the Merchant satisfies the complaint, it issues a certificate of this, which is drawn up in duplicate, and must provide one copy to the User.
44. The trader, in case of a justified complaint, shall bring the goods into conformity with the contract of sale within one month from the date of submission of the complaint by the consumer.
45. If the goods have not been repaired after the expiry of the period under the preceding paragraph, the Consumer has the right to cancel the contract and to be refunded the amount paid or to request a reduction in the price of the consumer goods under Article 114 of the Consumer Protection Act.
46. Bringing the consumer goods into conformity with the contract of sale is free of charge for the User. He shall not be liable for the costs of dispatch of the consumer goods or for materials and labour relating to their repair and shall not suffer any significant inconvenience.
47. In case of non-conformity of the consumer goods with the contract of sale and when the Consumer is not satisfied with the resolution of the complaint, he has the right to choose between one of the following options:

• cancellation of the contract and refund of the amount paid by him
• price reduction.

43. The consumer may not claim a refund 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's complaint.
44. The trader is obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the consumer when, after having satisfied three complaints of the consumer 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.
45. The consumer may not claim cancellation of the contract if the non-conformity of the consumer goods with the contract is insignificant.

Intellectual property

46. 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.
47. In case of copying or reproduction of information outside the permissible, as well as in case of any other violation of intellectual property rights on the Merchant's resources, the Merchant is entitled to claim compensation for direct and indirect damages in full.
48. 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.
49. The Merchant undertakes to exercise due diligence to ensure that the User is able to properly access the services provided through the Website.
50. The trader reserves the right to suspend access to the services provided. The Merchant has the right, but not the obligation, at its sole discretion, to delete information resources and materials posted on its site.

Termination and cancellation of the contract

51. 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.
52. Except as provided in these Terms and Conditions, the contract between the parties shall also terminate upon the termination of the Merchant's business or the termination of the maintenance of its website.
53. Except as provided above, either party may terminate this Contract by giving one week's notice to the other party in the event of default under the Contract.
54. 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 page with content 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 allows it to be reproduced.

Rescue clause

55. The parties declare that in the event that any provision(s) of these Terms and Conditions shall prove to be invalid, this shall not invalidate the whole or any other part of the Contract. The invalid clause will be superseded by mandatory rules of law or established practice.

Modification of General Terms and Conditions

56. The Merchant is obliged to notify Users of any amendment to these Terms and Conditions within 7 days of the occurrence of such circumstance to the email address provided by the User.
57. 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 must notify the Merchant within one month of receipt of the notice referred to in the preceding article.
58. In the event that the User does not exercise his right to withdraw from the contract in accordance with the procedure set out in these General Terms and Conditions, the amendment shall be deemed to have been accepted by the User without objection.

Applicable law

59. The provisions of the current legislation of the Republic of Bulgaria shall apply to all matters not covered by these General Terms and Conditions.