General terms and conditions of E. Miroglio EAD
for using Internet Shop www.dika.bg
1. This document constitutes the general terms and conditions or the conditions for using virtual platform for sale of goods www.dika.bg and its subdomains, which establish the rules of use, including the conclusion of a sale and purchase contract with this e-shop. By placing an order to the website www.dika.bg the customer declares that he/she is familiar with these General Terms and Conditions and accepts them for binding in his/her dealings with the Seller, and undertakes to observe them.
2. Identifying the user/ customer in order to reproduce his/ her statement, both for acceptance of the General Terms and Conditions and for the order made, is done through the log files stored on the server of www.dika.bg, storing the user/ customer IP address, as well as any other information.
2.1. Seller – E. Miroglio EAD or any partner of E. Miroglio EAD.
2.2. Customer – any natural or legal person or other legal entity using the online DIKA shop in any way, including but not limited to viewing it, placing orders to it, buying, returning goods, etc.
2.3. Website – a virtual platform for selling goods located on the domain www.dika.bg and its subdomains.
2.4. Account – section of the Website formed by an e-mail address and a password that allows the Customer to send the Order and which contains information about the Customer.
2.5. Favorites – section in the account that allows the Buyer/User to create his/her own lists of favorite products.
2.6. Order – electronic document representing a communication form between the Seller and the Buyer through which the Buyer declares to the Seller via the Website his/ her intention to purchase Goods and Services from the Website.
2.7. Goods and Services – any subject matter of the sale and purchase contract from the Website.
2.8. Promotions – any commercial communication aimed at promoting certain Goods and/or Services that are offered in limited quantities, unless expressly stated otherwise in the commercial communication, for a specified period of time stated by the Seller.
2.9. Contract – represents the distance contract concluded between the Seller and the Buyer for the purchase and sale of Goods and/or Services from the Website, integral part of which are the present General Terms and Conditions for using the Website..
a/ all the information on the Website that is accessible through an Internet connection and the use of a device with an Internet connection
b/ the information regarding the Customers and related to the Goods and/ or Services and/ or the applicable tariffs from third parties with which the Seller has concluded partnership contracts in some form
c/ details of the Seller or other data relating to it
2.11. Refund – the action by the part of E. Miroglio EAD for refund to the Buyer as a result of cancellation or non-execution of a contract for sale and purchase from the Website, carried out only by bank transfer.
2.12. Specifications – all characteristics and/ or descriptions of the Goods and Services as outlined in their description, which is provided by the manufacturer.
2.13. “User” is any person who has loaded in the Internet the website (the site name) on his/ her computer.
2.14. “Order” is any selected goods and all other attributes related to the delivery and payment of the product by the customer/ user.
2.15. The Internet Shop www.dika.bg is owned by the TRADER.
3.1. The customer can place an order to the e-shop by specifying valid e-mail address; accurately filled in address for delivery of the goods; accurately filled in contact details – two names, phone number.
3.2. The Customer undertakes and is responsible for ensuring that all purchase details, which he/ she has stated by the order, completed and sent to the Seller, are true, complete and correct at the date of sending the order.
3.3. Any Goods and/ or Service added to the shopping cart are available for purchase within the available quantities. Adding Goods and/ or Service to the shopping cart does not result in the order being registered and automatically reserving the Goods/Service. The order is activated by clicking on the “Buy” button and after the Website loads the complete information for the respective order (ordered products, delivery date and address). This action has a legally binding force. The customer receives a confirmation of the order by electronic message /e-mail/ from address firstname.lastname@example.org and, upon receipt of this confirmation, the contract is deemed to have been concluded. The place of concluding the contract is the address of the seller’s head office, and the date of concluding the contract – the date of sending of the confirmation by the seller. The place of delivery of the goods is a locality on the territory of Republic of Bulgaria. Contracts with place of delivery outside the territory of Republic of Bulgaria are not concluded and are not executed.
3.4. Upon successful completion of the order, the Customer receives an order confirmation by e-mail at the e-mail address indicated by him/ her (E. Miroglio EAD is not responsible if the Customer does not receive a confirmation e-mail because of incorrectly stated by him/ her e-mail address, as well as for a reason that is due to the electronic system where the customer's mail is registered). The confirmation by e-mail indicates the ordered goods, the order number, the date and time of the order. Prior to order confirmation, the Seller has the right to specify the order by phone, only if additional information is required. By receiving a confirmatory e-mail, the contract is deemed to have been concluded.
3.5. By sending the order, the Customer authorizes the Seller to contact him/ her in any possible way when this is necessary in connection with the order made or the Contract concluded. In order to contact the customer, the seller may use third parties, including his/ her commercial agents or assistants /call centers, etc./
3.6. The Seller has the right to refuse to execute and/ or to cancel an Order already made by the Customer, about which should notify the Customer, if the amount for the ordered products is not received in the Seller’s account for online payment, and in case that the data provided by the Customer on the Website are incomplete and/ or incorrect. In these cases the refusal, respectively the cancellation of the order shall not give rise to any responsibility or consequent liability of either party to the other one, and accordingly none of them shall have the right to claim compensation from the other party for the cancellation of the order.
3.7. The Seller reserves his right to terminate unilaterally the contract with the customer by electronic message /e-mail/ from address email@example.com, sent to the indicated by the user e-mail address in case that a part of or all the goods ordered are not available, or cannot be delivered for reasons beyond the control of the seller. In the absence of stock availability of the ordered product, within the working week the Seller shall inform the user/ customer of their depletion by sending a message to the specified by the customer e-mail address. In the event that a transfer has been made to Seller's account, by e-mail message sent to address firstname.lastname@example.org, the customer may choose to be refunded the amount paid or choose another available item, and the price paid by the customer will be deducted to the price of the selected new item.
3.8. Goods purchased from the online shop may be returned or replaced in a Dika branded store of the seller or sent on customer’s account to seller’s central storehouse within 14 working days after the receipt of the goods. The goods must be accompanied by receipt or invoice; they shall be in excellent commercial appearance, with original labels and packaging, free from dirt and / or traces of cosmetic products.
In case that the customer wishes change of the size of the ordered product, he has to fill in “a replacement form for change with another size”. The replacement is made if the new size is available. In the absence of an express check mark for change of size of the ordered product in the replacement form, it shall be considered that there is a return of undesirable product.
In case that the customer wishes replacement of an item with different item model, he/ she shall fill in “a replacement form for change with different item model”. The replacement is made if the new item/ size is available. Upon replacement with a higher value item the customer pays the difference at the same time when sending the replacement form, or not later than the delivery date. Upon replacement with a lower value item, E. Miroglio EAD will refund the difference by bank transfer.
All transport costs for return and replacement of an item with different item model shall be at the expense of the Customer. The goods shall be returned with a return receipt, otherwise E. Miroglio EAD shall not be responsible for lost goods. The goods should be returned to the following address:
E. Miroglio EAD, the building of Dika
kv. Moderno Predgradie, 3019 Str., number 3A
3.9. The refund of the amount for goods returned to a central storehouse to the address specified in p. 3.8. shall be made by bank transfer within 14 working days from the date of receipt of the goods in the central storehouse. The details of the bank account, which the buyer wishes to receive the amount in, shall be provided in the return form. E. Miroglio EAD is not responsible for an incorrectly specified bank account. All bank expenses for the refund are paid by the customer.
3.10. In the event that ordered and prepaid by the Customer Goods and/ or Service cannot be delivered / provided by the Seller, the latter shall inform the Customer thereof and shall refund to the Customer’s account the already paid Goods and/or Service within 7 (seven) days after the date on which the Seller has ascertained this fact or after the date on which the Buyer has explicitly expressed his/ her willingness to terminate the Contract.
3.11. The Customer may refuse an order without being necessary to specify reasons for his/ her refusal. Cancellation of order can be made by phone or by e-mail at the site www.dika.bg within 14 working days after receipt of the goods. In order a refusal to be considered valid, the User must provide: the number of the order made, the telephone number specified in the order, his/ her two names with which he/ she is registered on the Website, the e-mail address with which he/ she is registered on the Website, the value of the order, and shall fill in a return form for the goods, that shall be sent together with the delivery. All bank expenses for the refund are paid by the customer.
3.12. Claim can be made when the purchased product does not conform to the agreement in the sale and purchase contract between the parties. The discrepancy in the agreement between the parties may consist in:
a/ production defects of the goods;
b/ not delivering the entire quantity ordered
c/ delivery of goods different from those ordered;
d/ inconsistency with the declared size and/ or color – goods sent in different size and/ or different color than ordered;
e/ goods damaged during transportation.
3.13. The claim may be brought before E. Miroglio EAD at the indicated electronic address www.dika.bg, and meanwhile the Customer must return the goods within 14 (fourteen) days after the receipt of the product.
3.14. In the case of a claim, the Customer may choose to receive a product without defects or in any other size or color, or to return the goods against refund of the amount paid. An e-shop consultant may propose replacement of the product with one or more different items at price equalization or with a new item. The Customer shall pay the difference, if the other product is more expensive, or two products shall be offered for the same price, or the difference between the substituted and the new product shall be refunded to the User if the price of the new product is lower than the price paid by the User.
3.15. In all cases of replacement of goods, the transport costs are at the expense of the Customer in both directions, unless the substitution has been imposed by the fault of the Seller. In case the Customer wishes to replace or return a product, it can be done via a courier company at his/ her own discretion.
4.1. The customer pays the full price of the product, announced on the seller's site. No partial payment is accepted. In case the customer pays only part of the announced price of the product, it is considered that the customer has waived off the contract and the amount paid is returned to the customer at his expense within the agreed term.
4.2. Payment is deemed to be effected with the validation of the seller’s bank account /for payment by bank transfer/ or by submitting the amount to a courier /for payment by cash on delivery/.
4.3. The payment method is specified by the customer when submitting the order.
4.4. Payment costs are borne by the customer.
4.5. The payment of the ordered goods can be made by:
- transfer of funds to the seller's bank account through the use of authorized payment systems and payment services
- payment in cash upon delivery of goods by courier, when the chosen payment method is “cash on delivery”.
Regardless of the payment method chosen, the announced price of item does not change and no additional fees for handling the payment transaction shall be charged.
4.6. For each product ordered, the User shall pay the price announced in the e-shop at the time of the order confirmation.
4.7. The bank payment costs and the transport expenses are not included in the price and shall be paid by the customer.
5. DELIVERY OF GOODS
5.1. Deliveries are made by courier’s company “Speedy” /called courier or the courier/ only on the territory of Republic of Bulgaria.
5.2. Delivery is only made upon successfully accepted orders. When packing the ordered goods, the User shall be notified via e-mail. The goods are handed over to a courier for transportation to the respective address, and the filled in courier bill is a proof of the handing over the goods
5.3. The delivery period after acceptance of the customer’s order shall be within 2 to 6 working days. All orders sent shall be delivered with the option “review”
5.4. The price of the product delivery shall be paid by the Customer and it is as follows:
a/ upon delivery to any office of Speedy courier company or to the customer’s address:
For orders up to 100 BGN levs – 4,95 BGN
For orders over 100 BGN – 0 BGN
5.5. Orders that are sent to a Speedy office at customer's request will be stored in the courier's office within 10 working days from the date of dispatch. If the parcel is not asked for within the specified period, E. Miroglio EAD considers the contract terminated by the customer.
5.6. The option “review” is the customer’s right to review the goods for defects before accepting them. Unless otherwise agreed with these terms and conditions, the “review” options at delivery by courier to a Speedy office or to the Buyer's address are exercised free of charge and in accordance with the services of the courier 'open before you pay'.
6. PROVISION, PROCESSING AND PROTECTION OF PERSONAL DATA
6.1. E.MIROGLIO EAD, as an Administrator within the meaning of the law, collects personal data from individuals visiting the website of DIKA online shop, and in this regard undertakes to ensure the confidentiality and protection of the personal data provided by the customers/users through the DIKA online shop.
6.2. Any customer who uses the website and the services provided through it is deemed to be aware of this Policy and is committed to complying with it.
6. 3. What kind of personal data are collected
E.MIROGLIO EAD collects only those personal data of the customers that are appropriate, necessary, related to the purposes being processed (“data minimizing”), which does not include a special category of personal data (“sensitive data”). The personal information that is collected includes the name, address, e-mail address, phone number, and IP address.
6. 4. The personal data, which E.MIROGLIO EAD collects in connection with the services offered by it through the website of DIKA online shop are always processed only for the specific purpose due to which the data are provided by the customers/users and are not processed in a way incompatible with these purposes.
6.5. E.MIROGLIO EAD, processing the personal data provided, shall ensure an appropriate level of security and protection against unauthorized or unlawful processing and against loss, destruction or damage by applying appropriate technical and organizational measures to that effect.
6.6. Basis for processing personal data
E.MIROGLIO EAD shall process the personal data on a legitimate basis because the personal data are provided by customers in connection with the goods and services offered through the website within the framework of a contract for purchase and sale or when necessary to fulfill the conditions governing the use of the platform/website of DIKA online shop. The main reason for the processing of personal data is the execution of a contract for purchase and sale when the customers make a purchase; when registering on DIKA online shop and/or when using any of our services or features, although there are other reasons that allow the Administrator to process them, such as his or her interest in answering the enquiries of customers, or based on the consent they give about the possibility to receive advertising messages.
6. 7. Purposes for which personal data are processed
E.MIROGLIO EAD shall process personal data of its customers:
- for administering the registration of users at the online shop;
- for subsequent development, implementation and realization of the contract for purchase and sale, which is being concluded between the Administrator and the customers through the website of the online shop;
- to provide information directly related to the goods that customers request;
- to receive advertising messages about our proposals/offers/articles addressed to customers;
- when using re-marketing through trusted sites, including Facebook;
- when E.MIROGLIO EAD requires the opinion of its customers regarding the offered goods;
- when performing statistical analyzes and other analyzes of the services offered through the online shop;
6.8. How personal data are collected
Customers provide their personal data voluntarily when using our website www.dika.com. For example, when sending a request for a particular article or service, or during the process of ordering the goods offered by E.MIROGLIO EAD through the DIKA online shop, and in particular when the customer/user fills in his or her personal data, which is a condition for access to certain features or services on the platform. The specified fields, which are indicated as mandatory for filling in, are the information the Administrator needs in order to conclude a contract for purchase and sale, to execute the delivery of the goods and for implementing the rights of the parties to the contract.
By providing the personal data under the previous point, the user agrees to receive by e-mail a confirmation of order and information for sending the order by courier. The user’s personal data shall only be used for the purpose of administering the particular order.
Upon consent to receive advertising messages, the user agrees to receive by e-mail current promotions, commercial offers.
6.9. Term of personal data storage
E.MIROGLIO EAD, as an administrator, shall perform all necessary actions to protect and store personal data for the period during which the personal data are stored only to the extent and as long as it is necessary for the respective activity for which the data are provided, subject to the requirements and deadlines provided for in the applicable and effective regulations in the Republic of Bulgaria but for not more than 7 years. Upon expiry of this term, the customer/user’s personal data shall be destroyed.
The data provided for marketing purposes shall be retained until users notify that they no longer wish to receive the relevant information from us. Once the data processing goals have been met, the administrator destroys the data.
6.10. Access to personal data provided by users
E.MIROGLIO EAD, as an administrator of personal data, undertakes not to sell, provide or share for marketing purposes to third parties the personal data provided. Only authorized persons shall have access to these data.
E.MIROGLIO EAD shall provide personal information for the personal data of its customers to third-party service providers, subcontractors and other related organizations solely for the purposes of performing service activities for the customers/users, which they have given their explicit consent for.
The user’s personal data shall not be disclosed to third parties without the prior consent of the customer until the date of destruction, unless required by a statutory instrument or lawful order of a body of public authority. However, when third-party service providers are used, only the personal information needed to provide the service for which data are provided by customers/users shall be disclosed. The third-party recipients, whom E.MIROGLIO EAD works with, are mainly service providers through which it provides the goods purchased by customers. They shall use the personal data submitted to them to provide information and fulfill their obligations arising in that relation under contracts with them.
The provision of personal data to state institutions can only take place in the cases provided by the law and in a volume that does not exceed the purposes for which they have been requested.
The employees of www.dika.bg guarantee and undertake to respect the confidentiality of the personal data of the users.
6.11. Right of access, correction or deletion of personal data
Customers/Users are entitled at any time to request:
1. Access to their personal data, collected in the process of providing and using the services, including: confirmation of whether we process the personal data provided to us, what data categories are, the purposes of such processing, and the recipients to whom the data are disclosed.
2. Correction of the personal data, which the customers/users have provided, when the data are inaccurate.
3. Deletion of the personal data, when they are no longer necessary for the purposes for which they have been collected or otherwise processed and there is no other legal basis for the processing than the consent on which the processing of the personal data is based, and when the data have been unlawfully processed. Withdrawal of consent shall not affect the lawfulness of the processing based on what has been given prior to its withdrawal.
6.11. To perform the abovementioned actions of access provision, correction and deletion of personal data is only possible when the user requests this by a written application addressed to the Administrator, which should contain
1. Name, address and other identification data of the individual concerned;
2. Description of the request;
3. Preferred form for providing information;
4. Signature, date of filing, correspondence address and contact telephone;
5. Notarized Letter of Attorney when filed by an authorized person.
The application shall be sent to the address where the Administrator’s registered office is located, by registered mail or courier.
The Administrator shall notify the decision to execute the requested action or the refusal to do so within one month of application receipt. The notification hereof shall be sent by mail with a return receipt or can be received personally against signature.
6. 12. Right of objection
In the cases provided by the law, each user has the right:
p. 1. to file an objection before the Administrator against the processing of the personal data relating to him/her, provided there is a legal ground for doing so. When the objection is justified, the personal data of the person concerned can not be processed anymore;
p. 2. to make an objection against the processing of personal data for the purposes of direct marketing;
p. 3. to be notified before his or her personal data are to be disclosed to third parties for the first time or used on user’s behalf for the purposes under the preceding paragraph of this article, providing the user with the opportunity to make an objection against such disclosure or use.
p. 4. Each user can complain about the way his or her personal data are processed by contacting us on tel. 882 477 802.
p. 5. In all cases when the customer/user considers that his or her data are being processed unlawfully or the response does not satisfy the request, the customer/user may contact the competent authority for personal data protection – the Personal Data Protection Commission. The Personal Data Protection Commission is the supervisory authority exercising legal control over the processing of personal data.
6.13. You may send any questions related to this Policy to e-mail email@example.com.
7. GENERAL PROVISIONS
7.1. It is possible, due to the limited space and way of writing and displaying of the information, the product descriptions sometimes to be incomplete. For the description of the product are used common words and phrases, information is provided primarily on the type of product, its intended purpose and its characteristics.
7.2. All goods, including those in promotion and/or discount, shall be sold and delivered until stock quantities being depleted, even if this is not explicitly specified on the Website.
7.3. The General Terms and Conditions of E. Miroglio EAD regarding the Dika online shop are mandatory for all Users of the Website.
7.4. Any use of this Website shall mean that the Customer has become thoroughly familiar with the General Terms and Conditions of its using and agrees to comply with them unconditionally.
7.5. The General Terms and Conditions may be changed unilaterally by E. Miroglio EAD at any time by publishing them on the Website. These changes shall take effect immediately and shall be binding for all Users and/or Customers.
7.6. E. Miroglio EAD has the right to make changes to the conditions of use at any time in its sole discretion or if they are imposed by virtue of a legislative act in force. They may possibly have a reverse effect regarding already confirmed and/or delivered orders.
7.7. If any provision of these General Terms and Conditions for using the Website is found to be invalid or inapplicable irrespective of the reason hereof, this shall not affect the invalidity or the applicability of the other provisions.
7.8. E. Miroglio EAD specifies that the product images are of informative and directional nature, respectively the delivered products may differ from the images due to a change in their characteristics or design.
7.9. By registering a Purchase Order on the Website, the Buyer agrees by phone or e-mail to receive the respective Goods or Service from the Seller against payment.
7.10. The sale and purchase contract concluded between the Customer and the Seller consists of these General Terms and Conditions and the information requested and provided by the Buyer on the Website.
7.11. The Customer has the right to publish opinions regarding Goods and/ or Services, as well as to contact E. Miroglio EAD at the specified addresses in the “Contacts” section of this Website or by phone. Posts or messages that contain obscene words or inappropriate vocabulary shall be removed from the Website or ignored. The Seller has the freedom to process the information received from the Customer without being necessary to motivate his actions in this regard. The Customer is entitled to only one registration and shall only use one user account on the Website.
7.12. The Customer is not allowed to use accounts of another registered User or to provide to third parties the opportunity to use his/her account. He/she has no right to maliciously create additional registration accounts in order to misuse the functionality of the Website or other Users, or to attempt to represent himself/herself for another User.
7.13. Communication with the Seller may be accomplished by direct contact with him or through the addresses indicated on the Website in the section “Contact”. The Seller has the freedom to handle the information obtained without the need to justify this.
7.14. E. Miroglio EAD may publish on the Website of the Dika online shop advertising or promotional information about the Goods and/ or Services and/ or the promotions offered by it or its partners for a certain period of time, as well as stock availability information.
7.15. All prices of the Goods and/ or Services on the Website are final; they are stated in Bulgarian levs (BGN) with all taxes or fees required by law.
7.16. In case of online payments or bank payments, the Seller shall not bear any responsibility for any charges in connection with fees, commissions or other additional payments made by the Buyer in respect of the transaction itself, as well as in the cases of exchanges of the currency applied by the bank, which has issued the card to the customer, in cases where the currency is different from BGN. The costs related to such payments shall be solely for the Buyer’s expense.
7.17. All images displayed on the Website are solely intended to provide some insight about the type of the Goods/ Service offered, rather than to represent it exactly. The Customer shall have no right to claim any Seller’s liability for such discrepancies.
7.18. The Seller shall have the right to use subcontractors for the provision of the Services offered on the Website without the need to notify or obtain the Buyer’s consent for this.
7.19. The Seller guarantees to its Users/ Customers the confidentiality of the provided information and personal data. The latter shall not be used, disclosed or brought to the knowledge of third parties except in the circumstances and under the conditions set forth in these General Terms and Conditions. The Seller shall protect the User’s/ Customer’s personal data that has become known to it when filling in the electronic form for making a purchase request, and this obligation shall be waived in the event that the Customer has provided untrue data. Subject to the applicable legislation and the provisions of these General Terms and Conditions, the Seller may only use the Customer’s personal data for the purposes set out in the contract. Any other purposes for which the data might be used shall be in line with the Bulgarian legislation, the applicable international enactments, the Internet ethics, the moral rules and the good morals.
7.20. The Seller undertakes not to disclose any personal data about the Customer to any third party – state authorities, commercial companies, individuals, etc., except in the cases when the Seller has received explicit written consent of the Customer, when the information is requested by state bodies or officials, which the current legislation has entitled to request and collect such information. The Seller is obliged to provide the information by virtue of the law.
7.21. All copyrights and intellectual property rights on the website, images, design, designations, trademarks and others belong to E. Miroglio EAD. By accessing and/ or using the site, the user does not receive any consent or permission to use the copyright and intellectual property rights of E. Miroglio EAD.
7.22. By using the site, the user is not entitled to copy, reproduce or use in any other way images, trade names or brands, even if the use is for personal purposes.
8. FORCE MAJEURE CIRCUMSTANCES
8.1. The parties shall be exempted from fulfilling their contractual obligations in the event of force majeure circumstances. Force majeure circumstances are those under Art. 306, para. 2 of the Commercial code.
8.2. Provided that within 14 (fourteen) days after the date of the force majeure event it does not cease, either party shall have the right to notify the other party that it terminates the Contract without owing compensation to the other party for any possibly incurred damages.
9 OTHER CONDITIONS
9.1. Applicable to the contract between E. Miroglio EAD and the customer is Bulgarian law.
9.2. The language of the contract is Bulgarian.
9.3. All disputes between the parties shall be resolved in the manner of understanding and goodwill. In the event that consent is not reached, any unresolved disputes, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes concerning the completion of gaps in the contract or its adaptation to newly arisen circumstances, shall be resolved by the competent court at the place of the TRADER registration, in accordance with the Bulgarian legislation.