General terms and conditions of E. Miroglio EAD
for using Internet Shop www.dika.bg
I. GENERAL
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. DEFINITIONS
The terms used in these General Terms and Conditions
have the following meaning:
2.1 Seller - "E.Miroglio" EAD or each partner of "E.Miroglio" EAD, with registered office and address of management: Industrial Zone, postcode. 8800, Sliven. UIC119603547, reg. № VAT registration BG119603547.
2.2 Customer - any natural or legal person or other legal entity that uses the online store "DIKA" in any way, including but not limited to viewing it, making orders from it, buying, returning goods and more. The Client may use the rights of the User, provided in these General Terms and Conditions, in case he meets the definition in item 2.13 of these General Terms and Conditions.
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/User to send the Order and which contains information about the Customer/User.
2.5 Bank - is a
credit institution within the meaning of the Credit Institutions Act /LCI/,
which according to the issued banking license, has the right to open, maintain
and close accounts in Bulgarian Lev and/or foreign currency, to make and accept
payments from and for the account holder, to perform payment services, issue
bank cards and service payments with these cards in accordance with the
applicable requirements, including through the use of payment systems allowing
distance payment, electronically or in another legally regulated manner,
allowing verification of the performed payment.
2.6. Order – electronic document representing a communication form between the Seller and the Customer/User through which the Customer/User 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 Customer/User 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.
2.10. Content:
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 Customer/Useras 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 - has the meaning given in the legal definition under § 13, point 1 of the Consumer Protection Act / hereinafter CPA / and means any natural person who acquires Goods or Services through the Online Store, which are not intended for of commercial or professional activity, and any natural person who, as a party to a Contract with the Seller, acts outside the scope of his commercial or professional activity.
2.14 Online store www.dika.bg is the online store of the Seller in the legal definition of §1, point 87 of the VAT ACT. The terms online shop, online store and e-shop are equivalent.
3. ORDER
3.1. The Customer/User can place an order to the e-shop by specifying a 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/User 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, date and delivery address). This action has a legally binding force. The customer receives a confirmation of the order by electronic message /e-mail/ from address online.bulgaria@dika.com 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, indicated by the Customer/User. Contracts with place of delivery outside the territory of Republic of Bulgaria are not concluded and are not executed.
3.4. E.
Miroglio [VH1] 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.
3.5. By sending the order, the Customer/User 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/User, 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 online.bulgaria@dika.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 availability of the ordered goods, within 5 working days the Seller notifies the User / Client of its exhaustion by sending a message to the e-mail address specified by the User / Client. In case a transfer has been made to the Seller's account, the User / Customer by message / e-mail / to the address online.bulgaria@dika.com may choose to be reimbursed the amount paid, or choose another available Goods as paid from the consumer price is deducted from the price of the selected new product.
3.8. Goods purchased from the online shop may be returned or replaced by the Customer/User 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 the Customer / User wishes to exchange an item for another size, it is
necessary to fill in the "Product Return / Exchange Form", available
on the following section on the Seller's Website - https://www.dika.bg/bg/returns.html
The replacement takes place within 7 working days from the date of submission of the Exchange Form with another size, if the newly indicated size is available. In the absence of an explicit check for changing the size of the ordered Product in the exchange form, it is considered that the Product has been returned.
In the event that the Customer/User wishes to exchange an item for another item model, it is necessary to fill in the "Product Return/Exchange Form", available on the following section of the Seller's Website - https://www.dika.bg/ bg/returns.html . The exchange takes place if the new item/size is available within 7 working days from the date of submission of the Item Exchange Form with another item model. In the event of an exchange for an item of higher value, the Customer/User shall pay the difference at the same time as sending the form or at the latest by the date of delivery of the replaced item. In case of replacement with an item of lower value, E.Miroglio EAD does not owe a refund of the difference in the price of the replaced item and the original purchase.
All transport costs for return and replacement are at the expense of the Customer / User. The goods are returned with a return receipt, otherwise E. Miroglio EAD is not responsible for lost goods. The goods should be returned to the following address:
E.Miroglio EAD - Dika's office
INTERPRED BOYANA
Sq.Manastirski Livadi, 7 Spas Sokolov Str
Sofia, Bulgaria
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. When paying by bank card and needing to return an amount, the amount will be refunded to the bank account specified by the Customer/User in the Return/Exchange Form. All bank costs for returning the amount are for the account of the Customer/User. In the event of a refund of the value of purchased goods for which the Customer/User has requested an invoice, the amount is refunded to the indicated bank account of the person to whom the invoice was issued.
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 / User 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 Customer / User has explicitly expressed his/ her willingness to terminate the Contract.
3.11. The consumer has the right to refuse according to art. 50 of the
Consumer Protection Act / CPA /. The user can refuse an order without having to
state the reasons for his refusal. Order cancellation can be made by phone or
by e-mail online.bulgaria@dika.com within 14 days of receipt of the goods.
In order for the refusal to be considered valid, the User must provide: the
number of the order, the telephone number left in the order, his two names with
which he is registered on the site, the e-mail address (e-mail) with which he
is registered in the site, the value of the Order, as well as to fill in the
Form for refusal / return of the goods, available on the following section on
the Seller's Site - https://www.dika.bg/bg/returns.html.
The costs of returning the goods are at the expense of the User. The Seller
does not reimburse additional costs to the User according to Art. 54, para. 3
ZZP. The client has the obligations under Art. 55 ZZP. The goods must be
returned within 14 days from the date on which the User has notified the Seller
of his decision to withdraw from the contract at the following address:
E. Miroglio EAD - Dika's office
INTERPRED BOYANA
Sq. Manastirski Livadi, 7 Spas Sokolov Str
Sofia, Bulgaria
3.12. The Seller undertakes, within the framework of a legal guarantee for the conformity of the goods, to provide the User with goods that correspond to the specification given in the Electronic Store and to the Order made by the User. 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 colour – goods sent in different size and/ or different colour than ordered;
e/ goods damaged during transportation.
3.13 The claim can be submitted to "E.Miroglio" EAD of
the Contact Details in item 10 of these General Terms and Conditions, and at
the same time the User must return the goods to the address specified in item
3.8 and item 3.11 within 14 days of receipt of the Goods.
3.14. In the case of a claim, the Customer may choose to receive a product without defects or in any other size or colour, 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 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 / User in both directions, unless the replacement was
due to the fault of the Seller due to non-compliance of the Goods with
specifications specified in the Online Store and / or User's Order. In case the
Customer / User wishes to replace or return a product, this can be done with a
courier company chosen by him under the terms of item 5.8 of these General
Terms.
4. PAYMENT
4.1. The Customer/User 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. The price of the Goods, which the Customer/User undertakes to pay when an Order is placed, is the price that is indicated on the Site at the time the Order is sent by the Customer/User to the Seller through the functionality of the Site, except in the case of an error in determining the price due to functionality of the Site ("bug"). If there is a described error ("bug") in the price of the ordered Goods, "E.Miroglio" EAD will inform the Client/User as soon as possible and give him the opportunity to confirm the Order with the correct price or to cancel it. If we do not receive confirmation of the correct price of the order from the Client/User due to incorrect contacts or lack of response within 5 /five/-days from the telephone call and/or email from "E.Miroglio" EAD , with which the Customer/User is informed of the price error, the Order will be considered cancelled and all amounts paid will be refunded to the Customer/User in full. By submitting an Order and accepting these General Terms and Conditions the Client/User is informed and agrees that "E.Miroglio" EAD is not obliged to provide any product at the incorrect lower price due to an error in the functionality of the Site ("bug"), including in cases where the Client / User has received confirmation of the completed Order.
4.3. By sending an Order and accepting these General Terms and Conditions, the Client/User is informed and agrees that the prices of the Goods and Services for delivery on the Site may be changed at any time by the Seller. However, except in the case of an error ("bug") in the price within the meaning of item 4.2 of these General Terms and Conditions, changes in the price of the Goods and delivery Services purchased through the Site will not affect the Orders for which the Customer/ The User has received confirmation of the Order.
4.4. The payment is considered to have been made when the amount is transferred to the seller's bank account / when paying by bank transfer / within 3 days, confirmed by the bank or when the amount is handed over to a courier / when paying by cash on delivery.
4.5. The method of payment is indicated by the Customer/User when submitting the Order to the Seller.
4.6. Payment costs are for the account of the Client/User.
4.7. Payment for the ordered goods can be made through:
-
payment by bank card to the seller's bank account using a payment system and/or
payment service.
- payment in cash upon delivery of goods by courier with selected payment
method "cash on delivery"
Regardless of the chosen payment method, the advertised price of the product does not change, and no additional fees are charged for processing the payment.
4.8. For each product ordered, the Client/ User shall pay the price announced in the e-shop at the time of the order confirmation.
4.9. Bank costs for payment of the price and transport costs for delivery of the goods are not included in the price and are borne by the Customer/User. Before sending the Order, the Customer/User receives if he owes, the payment of additional costs due.
4.10. The seller has the right to make a progressive reduction in the price of the goods, according to Art. 65 (5) of the Civil Code.
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 carried out only on successfully accepted and confirmed Orders. The goods are handed over to the courier for transport to the relevant address, and the completed courier bill of lading is proof of delivery of the goods.
5.3. The delivery time after acceptance of the order by the Customer is within 2 to 6 working days. During campaigns (Black Week, Black Weekend, Christmas holidays, March 8, etc.) the delivery time may be extended. All Orders sent via courier are delivered with an option “review”.
5.4. The price of the Goods delivery shall be paid by the Customer/User and it is as follows:
a/ Upon delivery to a “Dika” Store – 0 BGN
b/ Upon delivery to an office of the courier company “Speedy” or to the address of the Client:
For Orders to 100BGN.:
-7.90 BGN for delivery to office of the courier company “Speedy”
-9.90 BGN for delivery to an address entered by the Client/User
For Orders above 100BGN. The delivery cost is 0BGN.
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/User’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 Customer/User's address are exercised free of charge and in accordance with the services of the courier.
5.7 In case the Client / User redirects the delivery of the ordered Goods to an address different from the one specified in the Order, the additional transport costs in connection with the redirection are at the expense of the Client / Seller. If the delivery is redirected to another address for reasons for which the Seller is responsible, the additional costs related to the redirection shall be borne by the Seller.
5.9 The Customer / User may indicate in the Order in the "Remarks" section another courier through which the delivery of the ordered goods will be made. In this case regarding the price of the delivery the conditions determined by the courier chosen by the Client / User, which are at the expense of the Client / User and on the grounds of art. 103c, point. 2 of the CPA, the risk of loss of the ordered Goods passes to the User upon delivery of the goods by the Seller to the courier selected by the User. In case of loss or damage of the goods in this case, the User may claim compensation or penalty from the selected courier.
6. PROVISION, PROCESSING AND PROTECTION OF PERSONAL DATA
6.1. E.MIROGLIO EAD, as an Administrator of personal data 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.
The Personal Data Privacy Policy of E.MIROGLIO EAD generally governs the way in which personal data are collected, how they are used, the conditions under which they may be disclosed to third parties, and the way they are stored.
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/Users 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 fulfil 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/Users:
- 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 analyses and other analyses of the services
offered through the online shop;
- to notify about changes to our General Terms, Privacy Policy, or our
services.
6.8. How personal data are collectedCustomers/Users provide their personal data voluntarily when using our
website www.dika.bg. 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 and the EU, but not more than the statutory deadlines. After the expiration of the storage period, the personal data of the client / user are 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 provides 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 fulfil 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 objectionIn the cases provided by the law, each Customer/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 cannot 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 online.bulgaria@dika.com.
7. GENERAL PROVISIONS
7.1 For the
description of the product are used common words and phrases, and information
is provided primarily on the type of product, its intended purpose and its
characteristics.
7.2. All goods, including those in the 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, if the law provides for this.
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. By registering a Purchase Order on the Website, the Customer/Useragrees by
phone or e-mail to receive the respective Goods or Service from the Seller
against payment.
7.9. The sale and purchase contract concluded between the Customer/Userand the
Seller consists of these General Terms and Conditions and the information
requested and provided by the Buyer on the Website.
7.10. The Customer/User is entitled to only one registration and to use only one user account on the site. The customer has the right to contact "E.Miroglio" EAD at the addresses specified in the "contacts" section of the site or by phone.
7.11. The Customer/User 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 Customers/Users, or to attempt to represent himself/herself for another Customer/User.
7.12. Communication with the Seller can be carried out through a direct connection with him at the contacts in Section 10 of these General Terms and Conditions or at the addresses indicated on the site in the "Contacts" section.
7.13. 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 in accordance with the requirements of applicable law.
7.14. 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.
7.15. 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 Customer 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 Customer/User’s expense.
7.16. The Seller has the right to use subcontractors for the performance of the Services offered on the Site without the need to notify or obtain the consent of the Customer.
7.17. The Seller guarantees to its Users / customers the confidentiality of the provided information and personal data. The latter will not be used, provided or brought to the attention of third parties outside the cases and under the conditions specified in these General Terms and Conditions and applicable law.
7.18. All copyrights and intellectual property rights on the site, images, design, names, trademarks and others belong to E. Miroglio EAD. By accessing and / or using the site, the User / Client and each visitor to the Site does not receive any consent or permission to use the copyrights and intellectual property rights of E. Miroglio EAD.
7.19. By using the site, the Customer/User and each visitor of the Site 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 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.
8.3. The fulfillment of the Seller's obligation to deliver the goods, to receive the returned goods or to return the amounts to the buyer's bank account will be considered force majeure, when the carrier of the goods / incl. when handing over to a courier and / or to the payment system operator for making a payment, there is force majeure. The same rule applies to the buyer when the performance by the person delivering or accepting the goods for return or to the payment system operator through which the price is paid is affected by force majeure.
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 settled in a spirit of understanding and
goodwill. According to Directive 2013/11 / EU, the Consumer has the opportunity
to resolve consumer disputes with the procedure "Alternative Dispute
Resolution" in the European Union. In the event of a dispute over an
online purchase, you may submit a request on the following Web Address for
out-of-court dispute resolution.
9.4. If no agreement is reached, all unresolved disputes, including disputes arising out of or concerning its interpretation, invalidity, performance or termination, as well as disputes to fill in gaps in the contract or to adapt it to new circumstances, will be resolved by the competent court for registration of the TRADER, according to the Bulgarian legislation.
10. INFORMATION FOR CORRESPONDENCE
10.1 The User /Customer may contact the Seller at the following correspondence addresses:
Email: online.bulgaria@dika.com
Mobile.: +359 882 477 802
Address: Sofia, sq.Manastirski Livadi, str.Spas Sokolov, №7
Website: https://www.dika.bg
Filling in an inquiry form from the website.
