TERMS AND CONDITIONS – www.estetikata.com
I. SUBJECT
Art. 1. This document governs the relationship between Max Estetika Ltd., UIC 207187227, and the users of the online shop estetikata.com. It sets out the conditions for using the online shop and the relationship regarding the conclusion of sales contracts with Users/Customers/Consumers of the e-shop.
II. SUPPLIER DETAILS
Art. 1. Max Estetika Ltd., UIC 207187227, owner of www.estetikata.com, is a limited liability company with its registered office and address of management in Burgas, Slaveykov district, Email: nel_5@abv.bg, tel: 0877089152
1.1. Supervisory authorities:
1.1.1. Commission for Personal Data Protection
Address: 2 Prof. Tsvetan Lazarov Blvd., Sofia 1592, tel.: (02) 91-53-518
Email: kzld@cpdp.bg
Website: www.cpdp.bg
1.1.2. Consumer Protection Commission
Address: 4A Slaveykov Sq., floors 3, 4 and 6, 1000 Sofia, tel.: 02 / 933 05 65, fax: 02 / 988 42 18, hotline: 0700 111 22, Email: info@kzp.bg
Website: www.kzp.bg
III. DEFINITIONS
Definitions used in these terms and conditions:
1. “Consumer” means any natural person who acquires goods or uses services that are not intended for commercial or professional activity, and any natural person who, as a party to a contract under this law, acts outside the scope of their commercial or professional activity.
2. “Trader” means any natural or legal person who sells or offers goods for sale, provides services or concludes a contract with a consumer as part of their commercial or professional activity in the public or private sector, as well as any person acting on their behalf and for their account.
3. “Supplier” means any natural or legal person in the supply chain of the goods who, in the course of business, transfers ownership or establishes or transfers other rights in rem over goods in favour of another supplier or trader, or who concludes a contract with a consumer in the public or private sector.
4. “Goods” means a movable tangible item.
5. “Service” means any material or intellectual activity carried out independently, intended for another person and not primarily aimed at transferring possession of an item.
6. “Customer” means any natural person, legal entity or other legal formation that accesses the content of the e-shop estetikata.com and has declared acceptance of an offer to conclude a sales contract.
3. “Order” means the individual request of a customer, made through their personal account, by telephone or by email, to purchase goods.
3. “Services” means all actions performed by Max Estetika Ltd. in connection with offering, selling and delivering goods from this e-shop.
4. “E-shop” means this website, estetikata.com, which offers cosmetic and other products and services through e-commerce.
IV. BINDING FORCE OF THESE TERMS AND CONDITIONS
2. The terms and conditions of estetikata.com are binding on all Customers and users of the Platform.
2.1 Any use of the Platform means that you have carefully read the terms of use and agree to comply with them unconditionally.
2.2 Max Estetika Ltd. reserves the right to update and amend the Terms and Conditions of the Platform from time to time to reflect changes in how the website works and the conditions of its use, or changes in legal requirements. The document becomes binding on Customers/Users/Buyers from the moment it is published on the Platform. In the event of such a change, we will publish the amended version on the Platform, so we ask you to check this document periodically. Each transaction through the Platform is subject to the terms and conditions in force at the time the distance contract between the Buyer and the Seller was concluded.
3. If any provision of these terms of use proves invalid or unenforceable for any reason, this does not affect the validity or enforceability of the remaining provisions.
4. The Platform may contain links to other websites. We are not responsible for the terms and conditions of websites we do not administer, or for any other information they contain.
V. FEATURES OF THE E-SHOP
Art. 2. The website estetikata.com is a platform through which Users can conclude sales and delivery contracts for the goods offered by the E-SHOP, including the following:
2.1 Register and create an account to browse the E-SHOP and use additional information services;
2.2 Make electronic statements related to concluding or performing contracts with the E-SHOP through the E-SHOP interface available on the Internet;
2.3. Conclude sales and delivery contracts for the goods offered by the E-SHOP;
2.4. Make any payments related to contracts concluded with the E-SHOP, using the payment methods supported by the E-SHOP;
2.5. Receive information about promotions, news and new products offered by estetikata.com by subscribing to a newsletter;
2.6. View the goods, their features, prices and delivery terms;
2.7. Be informed of their statutory rights through the E-SHOP interface on the Internet;
VI. WAYS OF SHOPPING IN THE E-SHOP
Art. 3. Shopping in the e-shop is done in one of the following ways:
3.1. Registration by creating an account at estetikata.com
3.1.1. By filling in their details and pressing the “Continue” button, or another similarly clear expression of will, the User declares that they have read these terms and conditions, agree with their content and undertake to comply with them.
3.1.2. The Supplier confirms the User’s registration by sending a message to the email address provided by the User, which also contains information for activating the registration.
3.1.3. The recipient confirms the registration via the link in the message from the Supplier notifying them of the registration. After confirmation, the User’s account is created.
3.1.4. When registering, the User undertakes to provide true and up-to-date details and to update them promptly in case of any change.
3.1.5. When shopping with an account in the E-SHOP, the order information contains the list of ordered products, the customer’s name, contact phone, email address and delivery address.
3.2. Using an account in web social networks or other networks.
3.2.1. Instead of registering at estetikata.com, the user may use their GOOGLE or FACEBOOK account. In this case, the party to the contract is the holder of the account used for registration in the respective social or other network.
3.2.2. The Supplier has the right to access the data needed to identify the User in the respective social or other network, as provided to the Supplier by that network.
3.2.3. Which data the respective social or other network provides to the Supplier depends on its own rules and policies.
3.2.4. When shopping through an account in a web social or other network, the order information contains the list of ordered products, the customer’s name, contact phone and delivery address.
3.3. Shopping without registration can be done in one of the following ways:
3.3.1. Through the E-SHOP as a guest. In this case, for each order, in addition to the selected products, the User must enter their name, contact phone, email and delivery address. Purchases without registration require acceptance of these Terms with each order.
3.3.2. An order placed by telephone using the numbers listed in the E-SHOP. The order information contains the list of ordered products, the customer’s name, contact phone and delivery address. For telephone orders, cash on delivery is the only payment method available.
3.3.3 Payment by debit/credit card via V-pos.
Accepted cards: Visa and Mastercard debit, credit and business cards
Transactions are processed using the MasterCard Identity Check and VISA Secure security programmes.
For security reasons, the maximum card payment is 1000 BGN.
We do not store details of bank cards used for payment on the site.
If an amount paid by bank card needs to be refunded, it is returned to the card used for the payment.
VII. TECHNICAL STEPS FOR CONCLUDING A SALES CONTRACT THROUGH THE E-SHOP
Art. 4. When concluding a sales contract through the E-SHOP, Users use the Supplier’s website interface, subject to all of the conditions described in this article:
4.1. The contract is concluded in Bulgarian.
4.2. The contract between the Supplier and the User includes these terms and conditions, available at the e-shop’s address.
4.3. The party to the contract with the Supplier is the User according to the details provided at registration, when shopping as a guest or via a GOOGLE or FACEBOOK account, or the details provided when ordering by telephone.
4.4. The Supplier provides technical means in its website interface for identifying and correcting input errors before the statement concluding the contract is made.
Art. 5. The sales contract is considered concluded when the User places an order through the Supplier’s interface.
Art. 6. The Supplier expressly notifies the User of the conclusion of the sales contract in an appropriate way by electronic means.
Art. 7. The Supplier delivers the goods to the address specified by the Users and is not responsible if the details provided by the Users are incorrect or misleading.
Art. 8. Users conclude the sales contract with the Supplier as follows:
8.1. Registering in the E-SHOP and providing the required details, if the User is not yet registered;
8.2. Logging in to the E-SHOP ordering system with a username and password or with a FACEBOOK or GOOGLE account.
8.3. Selecting one or more of the goods offered by the E-SHOP and adding them to a list of goods to purchase;
8.4. Providing the required details when purchasing goods without registration or directly by telephone;
8.5. Providing delivery details;
8.6. Choosing the payment method and time.
8.7. Confirming the order;
Art. 9. The Supplier delivers the goods and guarantees the Users’ statutory rights in good faith and in accordance with accepted practice and consumer or commercial law criteria and conditions.
9.1. Under the sales contract concluded with the Users, the Supplier undertakes to deliver and transfer to the User ownership of the goods selected through the interface.
9.2. Users pay the Supplier for the delivered goods in accordance with the conditions set out in the E-SHOP and these terms and conditions. The payment equals the price published by the Supplier at the E-SHOP’s Internet address.
9.3. The Supplier delivers the goods ordered by the Users within the time limits and under the conditions set by the Supplier on the e-shop website and in accordance with these terms and conditions.
9.4. The delivery price is determined separately from the price of the goods.
Art. 9.5. The User and the Supplier agree that all statements between them concerning the conclusion and performance of the sales contract may be made electronically and by means of electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
9.6. Electronic statements made by Users of the site are presumed to be made by the persons indicated in the details provided at registration, if the User has entered the corresponding username and password.
VIII. RIGHTS AND OBLIGATIONS OF THE PARTIES
Art. 10. A successfully registered User, as well as anyone who orders by telephone, through the e-shop estetikata.com, or via a FACEBOOK or GOOGLE account, has the right to order the products and services offered, or to refuse or return them in the proper manner.
Art. 11. The User has the right:
11.1. To browse, order individually and receive products from the e-shop estetikata.com in the manner and under the conditions set out in it.
11.2. To be informed of the status of their order.
11.3. To delivery of the ordered product(s) or service to the delivery address given with the order, after paying the sale price as described in these Terms and Conditions.
Art. 12. The User is obliged:
12.1. To pay the price valid at the time the order was placed, as described in these Terms and Conditions.
12.2. Not to violate the rights and freedoms of citizens under all laws and regulations of the country and European rules.
12.3. To observe Internet etiquette and the rules for using the products and services provided by Max Estetika Ltd.
12.4. Not to violate the property or non-property, absolute or relative rights and interests of others, such as property rights, intellectual property rights, etc.
12.5. To notify Max Estetika Ltd. and the competent authorities immediately of any violation committed or discovered while using the services provided.
12.6. Not to carry out malicious actions.
Art. 13. The e-shop estetikata.com has the right:
13.1. To refuse access to and cancel user registrations.
13.2. To refuse orders at no cost to the user. In this case, estetikata.com owes no compensation to the user other than refunding amounts paid in advance by the user when technical errors have occurred in published information.
13.3. To edit the content of the website, such as existing prices, terms of use, products, services, information, photos, etc.
13.4. To use at its own discretion all comments, suggestions, ideas, etc. sent or proposed by users of the e-shop estetikata.com. They remain the property of Max Estetika Ltd.; the company is not restricted in their use and is not obliged to pay users any compensation for their comments, ideas and suggestions.
13.5. To retain materials and information used on or hosted by the server of estetikata.com, or made available to third parties by a user, and to provide them to third parties and the competent state authorities where necessary to protect the rights and legitimate interests, property and security of Max Estetika Ltd. and of third parties, in cases of claims concerning the infringement of their rights through information or materials used or distributed, and where such materials or information are requested by state authorities under an express legal provision;
13.6. To terminate, suspend or change the services provided at any time without notice when the user uses them in breach of these Terms and Conditions.
Art. 14. The e-shop estetikata.com:
14.1. Has neither the obligation nor the practical possibility to control, and does not control, how users use the services provided.
14.2. Does not guarantee the accuracy and completeness of the published product information.
14.3. Together with its suppliers or third parties, bears no liability under any circumstances for any damage, including but not limited to lost profits, loss of information or other damage arising from the use of, inability to use or results of using the e-shop estetikata.com. If damage arises from your use of the e-shop estetikata.com or of products or services from it, you assume full responsibility and all costs of remedying it.
14.4. Is not responsible for possible differences in the colours of purchased products caused by the characteristics of computer screens. Ordering specific products is taken as the user’s agreement with their type and quality.
14.5. Is not liable to users or third parties for damage or lost profits resulting from the termination, suspension, modification or restriction of services, or from the deletion, modification, loss, unreliability, inaccuracy or incompleteness of messages, materials or information transmitted, used, recorded or made accessible through the e-shop estetikata.com.
14.6. Is not liable for damage to software, hardware or telecommunications equipment, or for loss of data, arising from materials or resources searched for, loaded or used in any way through the services provided.
Art. 15. Advice, consultations or assistance provided by the specialists and staff of the e-shop estetikata.com in connection with users’ use of the services do not give rise to any liability or obligations for Max Estetika Ltd.
IX. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 16. The rules of section VII of these terms and conditions apply to Users who, based on the details given for concluding the sales contract or at registration in the E-SHOP, can be considered consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights.
Art. 17. The main characteristics of the goods offered by the Supplier are set out in the profile of each item on the E-SHOP website.
17.1. The price of the goods, including all taxes, is set by the Supplier in the profile of each item on the E-SHOP website in Bulgarian leva.
17.2. Postage and transport costs not included in the price of the goods are determined by the Supplier and shown to Users when selecting goods for concluding the sales contract;
17.3. The method of payment, delivery and performance of the contract is set out in these terms and conditions and in the information provided to the User on the Supplier’s website.
17.4. The information provided to Users under this article is current at the time it is displayed on the Supplier’s E-SHOP website before the sales contract is concluded.
17.5. The Supplier must state the delivery conditions for individual goods on the E-SHOP website.
17.6. Before the contract is concluded, the Supplier states the total value of the order for all goods it contains.
17.7. The goods sold are the property of Max Estetika Ltd.
17.8. On estetikata.com the Consumer sees only products currently in stock. If a Consumer orders a product that is unavailable, they are notified by telephone immediately.
17.9. No additional charges apply for using the means of communication provided to contact Max Estetika Ltd.
17.9.1 The Supplier allows the Consumer to leave a review for each item on the E-SHOP website.
17.9.1.1. To post a review, the Consumer does not need to be registered or to have purchased a product from the E-SHOP. The Supplier does not guarantee that published product reviews come from consumers who have actually used or purchased the product.
17.9.1.2. When leaving a review, the Consumer must give a rating from 1 (one) to 5 (five). All reviews remain hidden from Consumers until processed and approved by Max Estetika Ltd.
Max Estetika Ltd. reserves the right not to approve rude or offensive reviews.
17.9.1.3. The Supplier guarantees that no sponsored reviews, or any other reviews influenced by contractual relations with a trader other than the Supplier, are published on the E-SHOP website.
Art. 18. The Consumer agrees that the Supplier may accept advance payment for sales and delivery contracts concluded with the consumer.
Art. 19. The Consumer chooses whether to pay the Supplier the delivery price before or at the time of delivery.
Art. 20. The Consumer has the right, without owing compensation or penalty and without giving a reason, to withdraw from the contract within 14 days of receiving the goods.
Art. 21. The right of withdrawal does not apply in the following cases:
- Delivery of cosmetic and/or hairdressing equipment to legal entities
- Products with damaged packaging
If the consumer exercises the right of withdrawal, the Supplier must refund in full the amounts paid by the consumer no later than 30 calendar days from the date on which the consumer exercised that right. The costs of returning the goods are deducted from the amount paid under the contract, unless the consumer returned the goods at their own expense and informed the Supplier of this.
The consumer undertakes to preserve the goods received from the Supplier, their quality and safety during the period under Art. 22.
Art. 22. The delivery time and its starting point are set for each item separately when the contract is concluded with the consumer via the Supplier’s E-SHOP website, unless the goods are ordered in one delivery.
If the Supplier cannot perform the contract because the ordered goods are unavailable, it must inform the consumer and refund the amounts paid within 30 working days from the date on which the Supplier should have performed its obligation.
In the cases under para. 3, the Supplier may deliver goods of the same quality and price to the consumer. The Supplier notifies the consumer of the change electronically or by telephone.
Art. 23. The Supplier hands over the goods to the consumer after verifying that the requirements and circumstances under Art. 49 of the Consumer Protection Act are met.
X. PRICES AND DELIVERY TERMS
Art. 24. The site does not offer free delivery.
Art. 25. Delivery to an address costs 3.90 BGN with the courier company Speedy. Courier costs for bulky shipments and equipment are calculated separately according to volume and weight.
25.1. Deliveries are made only within Bulgaria and only after confirmation by the consumer. A representative of the e-shop estetikata.com contacts the consumer by telephone to confirm the order and agree the delivery day within working hours.
25.2. Delivery to an address is made by courier Monday to Friday between 9:00 and 17:00. No deliveries are made on Sundays or public holidays.
25.3. Delivery takes 1 (one) to 3 (three) working days from the dispatch date. Max Estetika Ltd. is not responsible for delays caused by the courier company.
25.4. Orders placed after 16:00 on working days are processed the next working day. All orders placed on Saturday and Sunday are processed on Monday.
25.5. The consumer must check that the contents of the shipment match the order before paying. By paying for the order and delivery and signing the delivery documents, the consumer agrees with the type and contents of the delivery.
25.6. The order may only be received by the person who placed it
25.7. If the goods cannot be delivered by the courier for any reason, the courier must visit the address a second time on the same or the next working day. The second visit follows telephone contact between the courier and the person who ordered the goods. The customer does not pay for the second visit.
25.8. If payment was made in advance and the User refuses to receive the order within 3 days, the value of the products is refunded in the manner indicated by the User, with the payment costs borne by the User.
25.9. If the User refuses to receive the shipment because the agreed delivery day and time were not kept, and payment was made in advance, Max Estetika Ltd. refunds the value of the products without the delivery fee paid.
25.10. The User may cancel an order at any time.
25.11. A wrong or missing product is sent on the same or next working day.
25.13. The User may return a purchased product within 14 days of purchase with the receipt attached. The product must be unused, in undamaged packaging and with the manufacturer’s and importer’s labels. Transport costs are borne by the User. The money is refunded within 3 days of Max Estetika Ltd. receiving the product back. The right of return or exchange does not apply to products or devices related to personal hygiene, in accordance with Art. 57, item 5 of the Consumer Protection Act.
XI. OTHER CONDITIONS
Art. 26. The Supplier delivers and hands over the goods to the User within the period agreed when the contract was concluded.
Art. 26. The User must inspect the goods at the time of delivery and, if they do not meet the requirements, notify the Supplier immediately.
XII. PERSONAL DATA PROTECTION
Art. 27. The Supplier takes measures to protect the User’s personal data in accordance with the Personal Data Protection Act and the General Data Protection Regulation (REGULATION (EU) 2016/679).
27.1. For the security of Users’ personal data, the Supplier will send data only to the email address given by Users at registration or when placing the order.
27.2. The Supplier adopts and publishes on its website a Privacy Statement, available at
27.3. By using the E-SHOP, the User accepts that the Supplier may use this data in accordance with the Privacy Statement.
27.4. The User and their actions when using the e-shop estetikata.com are identified by their IP address.
Art. 28. At any time, the Supplier may require the User to identify themselves and to prove the accuracy of any of the circumstances and personal data declared at registration.
Art. 29. Information about third parties and partners of the site:
29.1. To make our website work properly and to improve the quality of our service and products, we use the following software solutions, which may access your IP address and analyse your behaviour while on our website: Quick Checkout, Mailchimp Integration Pro, Google Analytics, Google AdWords, Criteo, Viber, Facebook, Instagram, Messenger – Facebook.
29.2. The e-shop estetikata.com, like most websites, automatically collects information about the hardware and software of your computer. This may include your IP address, browser type and access times.
XIII. COPYRIGHT
Art. 30. The content of the e-shop estetikata.com uses trademarks, catalogue photos, texts, etc. of various companies, and the rights to these materials belong to the respective company. All other content of the site (including but not limited to photos, graphics, text, illustrations and design) is the property of Max Estetika Ltd. Using it for commercial, advertising or other public purposes, distributing it publicly, copying it, publishing it on other websites, creating derivative materials from the e-shop’s content, changing, transmitting, displaying or reproducing the content, or creating secondary materials, infringes copyright and related rights and is prosecuted by law. Users may copy materials from the e-shop estetikata.com for personal use only.
XIV. AMENDMENT OF AND ACCESS TO THE TERMS AND CONDITIONS
Art. 31. These terms and conditions may be amended by the Supplier under the conditions of Art. 4.2 hereof.
31.1. The Supplier and the User agree that any addition to or amendment of these terms and conditions takes effect for the User unless the User declares within 14 days that they reject it.
Art. 31. The Supplier publishes these terms and conditions at estetikata.com, together with all additions and amendments.
XV. TERMINATION
Art. 31. These terms and conditions and the User’s contract with the Supplier terminate in the following cases:
upon termination and liquidation or insolvency of one of the parties to the contract;
by mutual written agreement of the parties;
unilaterally, with notice from either party, if the other party fails to fulfil its obligations;
if it becomes objectively impossible for one of the parties to fulfil its obligations;
if the equipment is seized or sealed by state authorities;
if the User’s registration on the E-SHOP website is deleted. In this case, sales contracts that have been concluded but not yet performed remain in force and must be performed;
if the right of withdrawal is exercised under Art. 50 of the Consumer Protection Act.
XVI. OTHER CONDITIONS
Art. 32. Matters not covered by this contract concerning its performance and interpretation are governed by the laws of the Republic of Bulgaria.
Art. 33. In the event of a dispute about an online purchase, the customer/consumer may refer the dispute directly to the trader, Max Estetika Ltd., through one of its staff at the telephone numbers, email and correspondence address given in these Terms and Conditions. If the parties do not reach agreement in this way, the dispute may be referred to the competent alternative dispute resolution (ADR) body. In this case the trader provides the consumer, on paper or another durable medium, with the website address of the relevant ADR bodies and states whether it will use them.
Under Art. 181n, para. 1 and para. 2 of the Consumer Protection Act and the List of alternative consumer dispute resolution bodies approved by the Minister of Economy, the ADR body covering this online shop, to which the trader has committed to participate, is the General Conciliation Commission at the Consumer Protection Commission, address: 4A Slaveykov Sq., Sofia 1000, tel. 02/9330 517, website: www.kzp.bg, email: adr.sofia@kzp.bg.
For online dispute resolution you can use the online dispute resolution platform (ODR platform) at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show
Art. 34. These terms and conditions enter into force for all Users on 26.02.2019.
PRIVACY STATEMENT
General information:
The website estetikata.com is owned by Max Estetika Ltd.
Following the entry into force of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC, we are committed to informing you how we collect and use your personal data through our website.
Types of personal data we store:
Max Estetika Ltd. collects, uses, stores and processes your personal data in order to provide its goods and services. The data is used to manage your account on our website and your purchases. Your personal data may be used for purposes related to improving the quality of our services.