Terms and Conditions

GENERAL TERMS AND CONDITIONS

of the freyanails.bg online store

1. SUBJECT

Art. 1. These General Terms and Conditions (“General Terms and Conditions”) are intended to regulate the relations between Freya Nails Bulgaria EOOD, entered in the Commercial Register with the Registry Agency under UIC 208093962, with registered office and management address at: Kyustendil city, 11 Tsvetna Gradinа St., hereinafter referred to as the “Supplier”, and the customers, hereinafter referred to as the “Users”, of the freyanails.bg online store (“Online Store”), owned by the Supplier.

II. SUPPLIER DETAILS

Art. 2. (1) Information pursuant to the Electronic Commerce Act and the Consumer Protection Act regarding the Supplier:

1. Name of the Supplier: Freya Nails Bulgaria EOOD
2. Registered office and management address: Kyustendil city, 11 Tsvetna Gradinа St.
   
3. Place of business address: Kyustendil city, 11 Tsvetna Gradinа St.
   
4. Contact details: Denislav Miekov, tel. +359896705098, email address: info@freyanails.bg or website: freyanails.bg.
5. Registration in public registers: Commercial Register at the Registry Agency, UIC 208093962.
6. Address for consumer complaints: Denislav Miekov, tel. +359896705098, email address: info@freyanails.bg or website: freyanails.bg.

(2) Supervisory authorities:

1. Personal Data Protection Commission

Address: Sofia city, postal code 1592, 2 Prof. Tsvetan Lazarov St.,

tel. (02) 91 53 519, fax: (02) 91 53 525

email: kzld@cpdp.bg

website: www.cpdp.bg

2. Consumer Protection Commission

Address: Sofia city, postal code 1000, Slaveykov Square No. 4A, floors 3, 4 and 6,

tel. (02) 933 05 65

fax: (02) 988 42 18

hotline: 0700 111 22

Email: info@kzp.bg

website: www.kzp.bg

III. FEATURES OF THE ONLINE STORE

Art. 3. The Online Store is an e-commerce platform accessible at the internet address https://freyanails.bg, through which Users have the opportunity to conclude contracts for the sale and purchase and delivery of the goods offered by the Supplier in the Online Store, including the following:

1. To familiarize themselves with and review the goods, prices and delivery terms offered by the Supplier;
2. To be informed about the nature and main characteristics of the goods;
3. To conclude with the Supplier contracts for the sale and delivery of the goods offered in the Online Store;
4. To make electronic statements in connection with the conclusion, performance, execution and termination of contracts with the Supplier, through the interface of the www.freyanails.bg website, including through the tools and mobile applications available on it;
5. To be informed of the rights arising from the law;
6. To exercise their right of withdrawal, where applicable, in accordance with the Consumer Protection Act.

Art. 4. The Supplier organizes the delivery of the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, the criteria and conditions adopted in practice, consumer law or commercial law.

Art. 5. (1) Users shall enter into a contract for the sale and purchase of goods with the Supplier in accordance with the procedure set out in Art. 8. The contract shall be concluded in Bulgarian and stored in the Supplier’s database on the platform.

(2) Users have the opportunity to review and correct errors in the entered information no later than before making the statement for concluding the contract with the Provider. The identification and correction of errors under the previous sentence may be carried out by editing the order form at any time before making the statement for concluding the contract with the Provider.

(3) Under the sales contract for goods concluded with the Users, the Provider undertakes to organize the delivery and transfer of ownership of the goods selected by the User through the interface in the Online Store.

(4) Users shall pay the Provider remuneration for the delivered goods, in accordance with the terms set out in the Online Store and these Terms and Conditions. The remuneration is in the amount of the price announced in the Online Store.

1. USE OF THE ONLINE STORE

Art. 6. (1) The Online Store may be used after registration in the Online Store and creation of a User profile, or without prior registration.

(2) Registration of the User in the Online Store is free of charge, voluntary, and is carried out in the relevant section of the Online Store.

(3) Whether or not the User registers in the Online Store, in order to use the Online Store to conclude sales contracts for goods, the User must enter the following data: first name, last name, email address, contact phone number, delivery address, and agree to these Terms and Conditions.

(4) By filling in their data and clicking the "PAYMENT" button and marking their consent to the Terms and Conditions, the User declares that they are familiar with these Terms and Conditions, agree with their content, and undertake to comply with them unconditionally.

(5) The Provider confirms the order placed by the User by sending an electronic statement to the email address specified by the User or by making a phone call to the phone number specified by the User, and contractual relations between them arise under a sales contract for goods.

(6) When registering or placing an order, the User undertakes to provide true and up-to-date data. The User undertakes, in the event of any change to the provided data, to promptly update the data specified in their profile in the Online Store or in the order.

(7) If the User provides false information or the Provider has grounds to believe that the information provided by the User is incomplete or unreliable, the Provider has the right, at its discretion, to block or delete the User's registration and deny the User access to the Online Store.

1. TECHNICAL STEPS FOR CONCLUDING A SALES CONTRACT

Art. 7. The Users primarily use the interface of the Online Store page, including the available tools and mobile applications on it, to conclude purchase agreements for the goods offered by the Supplier in the Online Store.

Art. 8. The User and the Supplier conclude the purchase agreement for the goods in the Online Store according to the following procedure:

1. The User selects one or more of the goods offered by the Supplier for which a purchase agreement is to be concluded.
2. The User fills out an order form and provides the necessary data for identifying the User as a party to the purchase agreement for goods;
3. The User chooses the method of delivery and provides the data necessary for the delivery to be carried out.
4. The User chooses the method and timing of payment of the price.
5. The User submits the order (the offer) by clicking the “PAYMENT” button after indicating agreement with the General Terms and Conditions and the Privacy Policy.
6. The Supplier confirms the order placed by the User (accepts the User’s offer) by sending an electronic statement to the email address specified by the User or by a telephone call to the phone number specified by the User. The Supplier provides the User with confirmation of the concluded agreement on a durable medium within a reasonable period after the conclusion of the distance contract or at the latest at the time of delivery of the goods.
7. CONTENTS OF THE AGREEMENT

Art. 9. (1) The Supplier and the Users conclude separate purchase agreements for the goods requested by the Users, even though they are selected with a single electronic statement.

(2) The Supplier may organize the delivery of the goods ordered under the individual purchase agreements together and simultaneously.

(3) The rights of Users in relation to delivered goods are exercised separately for each purchase agreement. Exercising rights in relation to a delivered good does not affect and has no effect on the purchase agreements for the other goods. If the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the purchase agreement for a specific good does not affect the purchase agreements for the other goods delivered to the consumer.

(4) The Supplier has the right, at its sole discretion, to refuse to fulfill a User’s order, and shall notify the User within a reasonable period, without being obliged to state a reason for the refusal.

Art. 10. When exercising rights under the purchase agreement, the User must specify precisely and unambiguously the agreement and the goods in relation to which the rights are exercised.

Art. 11. The User shall pay the price for the individual purchase agreements in one lump sum when placing the order for the goods or upon their delivery.

VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE STATUS OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT

Article 12. The rules of this Section VII of these Terms and Conditions apply only to Users who, according to the data provided for concluding the purchase and sale contract, may be considered consumers within the meaning of the Consumer Protection Act.

Article 13. (1) The main characteristics of the goods offered by the Supplier in the E-store are described in the profile of each product in the E-store.

(2) The prices of the goods, including all taxes and fees, are determined and stated in the profile of each product in the E-store.

(3) The amount of postal or transport costs not included in the price of the goods is determined by the Supplier in the E-store and is provided as information to Users when selecting the goods for concluding the purchase and sale contract.

(4) The methods of payment, delivery, and performance of the contract are determined in these Terms and Conditions and in the information provided to the User through the mechanisms and tools in the E-store.

(5) The information provided to Users under this article is current at the time it is displayed in the E-store before the conclusion of the purchase and sale contract.

(6) Users agree that all information required under the Consumer Protection Act and the Act on the Provision of Digital Content and Digital Services and the Sale of Goods may be provided through the interface of the E-store or by email.

Article 14. (1) The Consumer agrees that the Supplier has the right to accept advance payment for the purchase and sale contracts concluded with the Consumer for goods and their delivery.

(2) In accordance with the options provided in the E-store, the Consumer chooses whether to pay the Supplier the price for delivery of the goods before or at the time of delivery.

(3) If the value of the Consumer's order is equal to or exceeds 10,000 leva, payment shall be made only by transfer to or deposit into the Supplier's payment account.

Article 15. (1) The Consumer has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days, counted from the date of receipt of the goods by the Supplier, by using the standard withdrawal form available on the e-store website in Appendix No. 1 to these Terms and Conditions or by otherwise making an unequivocal statement of the decision to withdraw from the contract. Information on exercising the right of withdrawal is available in Appendix No. 2 to these Terms and Conditions.

(2) The right of withdrawal does not apply in the cases provided for in Article 57 of the Consumer Protection Act.

(3) When the Supplier has not fulfilled its information-provision obligations set out in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within up to one year and 14 days from the date of receipt of the goods. When the information is provided to the User within one year from the date of receipt of the goods, the User has the right to withdraw from the contract within 14 days from the date of receipt of the information. The User has the right to submit the withdrawal statement under this article directly to the Supplier via the standard withdrawal form available on the Website of the Online Store as Annex No. 1 to these General Terms and Conditions, or by clearly stating in another way their decision to withdraw from the contract.

(4) When the User has exercised their right to withdraw from the contract, the Supplier shall reimburse all sums received from the User, excluding delivery costs, without undue delay and no later than 14 days from the date on which it was informed of the User's decision to withdraw from the contract. The Supplier shall reimburse the amounts received using the same payment method used by the User in the initial transaction, unless the User has expressly agreed to use another payment method and provided that this does not entail any costs for the User.

(5) When exercising the right of withdrawal, the costs of returning the delivered goods shall be deducted from the sums to be reimbursed under para. 4, except where the User arranges the return of the goods themselves and at their own expense. The Supplier is not obliged to reimburse the additional delivery costs for the goods where the User has expressly chosen a method of delivery other than the least expensive type of standard delivery offered by the Supplier.

(6) The User undertakes to store the goods received from the Supplier on the platform and to ensure that their quality and safety are maintained during the period under para. 1 or, as applicable, para. 3.

(7) When the Supplier has not offered to collect the goods itself, it may withhold payment of the sums due to the User until it receives the goods or until the User provides proof that the goods have been sent back, whichever occurs first.

(8) When the User exercises the right to withdraw from the contract and when the Supplier has not offered to collect the goods itself, the User must send back or hand over the goods to the Supplier or to a person authorized by the Supplier without undue delay and no later than 14 days from the date on which the User informed the Supplier of their decision to withdraw from the contract. The deadline is deemed to have been met if the User sends back or hands over the goods to the Supplier before the expiry of the 14-day period.

(9) The Consumer shall pay only the direct costs of returning the goods under the preceding paragraph, except in cases where the Supplier has agreed to pay them, or if the Supplier has not informed the Consumer that the costs of returning the goods are to be paid by the Consumer.

(10) The Consumer is obliged to return the goods at their own expense, обязательно together with the receipt and the invoice, if any, by handing them over to "Freya Nails" or to a person authorized by the latter, within 14 days from the date on which the Consumer exercised their right to withdraw from the contract.

(11) Upon return, the goods must be in their original packaging, without signs of use or damage to their commercial appearance. The Supplier has the right to postpone the reimbursement of payments until the goods are received back or until proof is provided that the goods have been sent back, whichever of the two events occurs first.

(12) In the event that the Consumer fails to fulfill their obligation to return the goods, without notifying the Supplier of the delay and without providing a valid reason for it, it shall be deemed that they have withdrawn their statement exercising the right to withdraw from the contract.

(13) Where, in connection with the performance of the contract, the Supplier has incurred expenses and the Consumer withdraws from the contract, the Supplier has the right to retain the corresponding amount for the expenses incurred or to demand their payment.

Art. 16. (1) The delivery time for the goods is specified for each item separately upon conclusion of the contract with the consumer through the Online Store.

(2) If the Supplier is unable to perform the contract because it does not have the ordered goods in stock, it shall be obliged to notify the Consumer and refund the amounts paid by the Consumer.

VIII. PERFORMANCE OF THE CONTRACT

Art. 17. (1) The Supplier may arrange for the delivery and handover of the goods to the User by the relevant courier within the period specified at the conclusion of the contract.

(2) If the period under para. 1 has not been expressly agreed between the parties at the conclusion of the contract, the Supplier shall arrange delivery and handover within a reasonable period. If the Supplier fails to arrange delivery within the specified period, it shall be obliged to notify the User in advance.

(3) If the User is not present at the specified delivery address at the agreed delivery time and has not duly provided a third party to receive the delivery, the Supplier shall make the delivery at another time convenient for the Supplier, and the User shall pay an additional delivery charge in accordance with the courier or postal operator’s tariff.

Art. 18. (1) The User must inspect the goods at the time of delivery and handover, and if they do not meet the requirements, notify the Supplier immediately.

(2) If the User does not notify the Supplier in accordance with the preceding paragraph, the goods shall be deemed approved as compliant with the requirements, except for hidden defects.

1. PERSONAL DATA PROTECTION

Art. 19. (1) The Supplier processes the personal data provided by the Users in accordance with its Privacy Policy and in compliance with 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, and repealing Directive 95/46/EC (General Data Protection Regulation), the Personal Data Protection Act and the other provisions of applicable Bulgarian legislation regarding the protection of personal data.

(2) The Supplier's Privacy Policy is available at the internet address: https://freyanails.bg, and is an integral part of these Terms and Conditions.

(3) The Supplier has the right to store information or access information stored in the User's terminal device in accordance with the "Cookie Policy", provided that:

1. The Supplier has provided the User with clear and comprehensive information under Article 13 of Regulation (EU) 2016/679; and
2. The Supplier has provided the User with the opportunity to refuse the storage of or access to the information.

(4) The User agrees that the Supplier has the right to collect, store and process data on the User's behavior when using the Online Store. The User has the right to object to the storage of or access to the information under para. 2 in the ways provided for in the Privacy Policy.

Art. 20. At any time, the Supplier has the right to require the User to identify themselves and verify the accuracy of each of the circumstances and personal data declared during registration on the platform and/or when placing the order.

1. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS

Art. 21. (1) These Terms and Conditions are an integral part of the Contract concluded between the Parties.

(2) By entering into the Contract, the User declares that they are familiar with these Terms and Conditions and accepts them.

(3) The User and the Supplier agree that all statements between them regarding the conclusion, performance, amendment and termination of the Contract and these Terms and Conditions may be made electronically and by electronic statements within the meaning of the Electronic Document and Electronic Trust Services Act and Article 11 of the Electronic Commerce Act.

(4) It is presumed that electronic statements made by Users of the Online Store are made by the persons specified in the data provided by the User when registering the User in the Online Store or when submitting an order (offer) by the User without registration.

(5) The User agrees to receive all statements, documents, and communications from the Supplier in electronic form at the email address provided by the User upon registration in the Online Store or when placing an order (offer).

(6) Electronic statements, documents, and any communications sent by the User to the Supplier via the email address provided by the User upon registration in the Online Store or when placing an order (offer) shall be deemed to be signed with an ordinary electronic signature. An electronic statement shall be deemed received upon its receipt by any of the information systems specified by the User in the preceding sentence.

(7) The parties agree that the legal force of the ordinary electronic signature is equivalent to that of a handwritten signature.

Article 22. Terms different from those provided for in the General Terms and Conditions may be agreed by additional written agreements between the Supplier and the User. In the event of any discrepancy between what is agreed in the additional written agreements and the General Terms and Conditions, the agreed terms shall prevail.

Article 23. (1) These General Terms and Conditions may be amended by the Supplier, who shall notify the Users in an appropriate manner.

(2) The Supplier and the User agree that any supplement and/or amendment to these General Terms and Conditions shall have effect with respect to the User in one of the following cases:

1. after the Supplier expressly notifies the User at the email address provided by the User and if the User does not declare within the 14-day period granted to them that they reject them; or
2. upon their express acceptance by the User when placing an order in the Online Store.

(3) A statement rejecting an amendment and/or supplement to the General Terms and Conditions within the period under the preceding paragraph shall be equivalent to a unilateral statement terminating the Contract.

Article 24. The Supplier publishes the General Terms and Conditions, together with all amendments and supplements thereto, on the Internet at electronic address: ……………………………...

1. TERMINATION

Article 25. These General Terms and Conditions and the User's contract with the Supplier shall be terminated in the following cases:

1. upon termination and liquidation or declaration of bankruptcy of one of the parties to the contract;
2. by mutual written consent of the parties;
3. due to the objective impossibility of either party to the contract to perform its obligations;
4. in the event of seizure or sealing of the equipment by state authorities;
5. in the event of deletion of the User's registration in the Online Store. In this case, the purchase and sale agreements already concluded but not yet performed remain valid and subject to performance;
6. in the cases under Art. 23, para. 3.
7. in the cases provided for in these General Terms and Conditions, the agreement between the parties shall also be terminated upon cessation of the Provider's activity or termination of the maintenance of its website;

Art. 26. The Provider has the right, at its sole discretion, without notice and without owing compensation, to unilaterally terminate the agreement if it establishes that the User is using the Online Store in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria, generally accepted moral norms, or generally accepted rules and practices in electronic commerce.

XII. LIABILITY

Art. 27. The User undertakes to indemnify and hold harmless the Provider in the event of court claims and other claims by third parties (whether founded or not), for all damages and costs (including attorney's fees and court costs) arising from or in connection with (1) non-performance of any of the obligations under this agreement, (2) infringement of copyright, rights of producers, broadcasting rights, or other rights in intellectual or industrial property, (3) unlawful transfer to other persons of the rights granted to the User for the term and under the conditions of the agreement, and (4) false declaration of the presence or absence of the status of consumer within the meaning of the Consumer Protection Act.

Art. 28. The Provider shall not be liable in the event of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders issued by the competent state authorities.

Art. 29. (1) The Provider shall not be liable for damages caused by the User to third parties.

(2) The Provider shall not be liable for property or non-property damages, consisting of lost profits or suffered losses, caused to the User in the process of using or not using the Online Store and concluding purchase and sale agreements with the Provider.

(3) The Provider shall not be liable for the period during which the Online Store was unavailable due to force majeure.

(4) The Provider shall not be liable for damages arising from comments, opinions, and posts under the products, news, and articles in the Online Store.

Art. 30. (1) The Provider shall not be liable in the event of a breach of the security measures of the technical equipment resulting in loss of information, dissemination of information, access to information, restriction of access to information, and other similar consequences.

(2) The Supplier shall not be liable in the event of the conclusion of a contract of sale, provision of access to information, loss or alteration of data resulting from the false identification of a third party presenting itself as the User, if the circumstances indicate that this person is the User.

XIII. OTHER TERMS

Art. 31. (1) The User and the Supplier undertake to mutually protect their rights and legitimate interests, as well as to safeguard their trade secrets, which have come to their knowledge in the course of performing the contract and these General Terms and Conditions.

(2) The User and the Supplier undertake, during and after the expiry of the contract period, not to make public any written or oral correspondence conducted between them. Publication of correspondence in print and electronic media, social networks, internet forums, personal or public websites, etc. may be considered making it public.

Art. 32. Any invalidity of any provision of these General Terms and Conditions shall not render invalid other provisions of the General Terms and Conditions or the contract.

Art. 33. For matters not settled in this contract relating to the performance and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.

• 1. These General Terms and Conditions enter into force on DD.MM.2023.

Annex No. 1

Standard form for exercising the right of withdrawal from the contract:

(fill in and send this form only if you wish to withdraw from

the contract)

- To (the trader's name, address and email address are to be filled in by

the trader):

- Hereby I/we* notify that I/we* withdraw from the contract concluded by

I/we* purchase contract for the following goods*/for the provision of the following service*

- Ordered on*/received on*

- Consumer's name

- Consumer's address

- Consumer's signature(s) (only if this form is on paper)

- Date

------------------------------------------------------

* Delete as applicable.

Annex No. 2

Information on exercising the right of withdrawal from the contract

Standard instructions for withdrawal:

1. Right of withdrawal from a distance contract or a contract concluded off-premises.
2. You have the right to withdraw from this contract, without giving any reason, within 14 days.

III. The withdrawal period is 14 days from the date (to be filled in according to the types of contract specified in item 1, letters "a", "b", "c", "d" or "e" of the Instructions for Completion).

To exercise your right of withdrawal, you must notify us of your decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or by email). You may use the attached standard withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient to send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

1. Effect of withdrawal.

If you withdraw from this contract, we will reimburse you for all payments received from you, excluding delivery costs (with the exception of additional costs), without undue delay and in any case no later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We will make the reimbursement using the same means of payment you used for the initial transaction, unless you expressly agree otherwise; in any case, this reimbursement will not involve any costs for you.

XIV. SAVINGS CLAUSE

The parties declare that, if any of the clauses under these General Terms and Conditions is/are found to be invalid, this shall not render the entire contract or any other part of it invalid. The invalid clause shall be replaced by the provisions of the law or established practice.

Instructions for completion:

1. You may also complete and submit the standard withdrawal form or another unambiguous statement of withdrawal electronically on our website freyanails.bg. If you use this option, we will promptly send you a confirmation of receipt of the withdrawal on a durable medium (for example, by email).
2. We have the right to defer the reimbursement of payments until we receive the goods back or until you provide us with evidence that you have returned the goods, whichever of the two events occurs first.
3. We expect you to send or return the goods to the address Varna, 14 Bdin St., without undue delay and in any case no later than 14 days after the day on which you informed us of your withdrawal from this contract.

The deadline shall be deemed met if you send the goods back before the expiry of the 14-day period.

4. The User is obliged to return the goods at their own expense, обязательно together with the receipt and the invoice, if any, by handing them over to the Supplier or to a person authorized by the latter, within 14 days from the date on which the User exercised the right of withdrawal from the contract.

When returned, the goods must be in their original packaging, without signs of use or damage to their commercial appearance.

5. In the event that the User fails to fulfill the obligation to return the goods, without notifying the Supplier of the delay and without providing a reasonable reason for it, the User shall be deemed to have withdrawn the statement exercising the right of withdrawal from the contract.