Terms and conditions to use the website https://www. glowysecrets.com
These general conditions regulate the relations between Glowy Secrets Ltd, hereinafter referred to as the Trader, as the first party, and the Consumers and Users of internet pages and services, published on the web site https://www. glowysecrets.com, hereinafter referred to as the consumers, as the second party.
Glowy Secrets Ltd is a sole-owner limited liability company, duly registered under the Commerce Act of the Republic of Bulgaria with Unique Identity Number (UIN) 206664316, address: 115 Odrin Street, email: firstname.lastname@example.org, contact phone: 0878888617.
Please, read the full version of the published General Conditions before using any information and business service offered on the site (hereinafter referred to as the Services).
This document contains information about the business of Glowy Secrets Ltd and about the general conditions of use of the services provided by Glowy Secrets Ltd, which regulate the relations between us and every our client.
The confirmation of the General Conditions is required as obligatory precondition to conclude the contract between the Consumer and the Trader.
By accepting the General Conditions, the Consumer agrees that his personal data may be processed on the grounds of the contract concluded between him and the Trader.
For the goals and objectives of these general conditions, the terms and definitions enclosed below shall have the following meaning:
Site –https://www.glowysecrets.com and all of its subpages.
Consumer – every natural person who acquires goods or uses services, which are not intended to carry out any business or professional activity, and every natural person, who being a party under a contract under this law, acts beyond the limits of his business and professional activity.
General Conditions – these general conditions, which include consumer terms, cookies, rules for registration and delivery, voluntary settlement of disputes, forms for refusal from contract and replacement and any other information found on the site which is significant from the perspective of the law.
Personal Data –information about a natural person, which reveals his physical, psychological, mental, family, economic, cultural and social identity.
Goods – tangible movable property, save for products sold within enforcement proceedings or through other means by bodies authorized by virtue of the law, as well as property, left or deprived to the benefit of the state, or declared by governmental authorities for sale in auctions. Goods include also water, gas and electricity, when they are offered for sale, packed in limited volume or in predefined quantity.
Sales Contract – a contract by virtue of which the trader transfers or is bound to transfer the title of goods to the consumer, and the consumer pays or is bound to pay their price, including contracts whose scope includes both goods and services at the same time.
Procedure for alternative settlement of consumer disputes – a procedure for out-of-court settlement of consumer-related disputes which meets the requirements of this law and which is carried out by a body for alternative settlement of consumer-related disputes.
- The Consumers may use the site to conclude contracts for the purchase and sale of goods offered by the Trader.
- Consumers use the website interface to conclude contracts with the Trader for the offered goods.
2.1. The contract for the purchase and sale of goods is considered as duly concluded from the moment the Trader confirms the order.
2.2. If stocks of ordered goods are not available, the Trader reserves his right to deny the order.
2.3. After choosing one or more goods offered on the website of the Trader, the Consumer must add them to the list of goods to be purchased (shopping basket).
2.4. The Consumer shall provide data for the delivery and choose the method and moment for payment of the price, after which he shall confirm the order through the site interface.
2.5. Once the order is made, the Consumer will receive an email with confirmation that his order is accepted.
- The Trader may refuse to conclude a contract with unfair Consumer.
3.1. The Trader may treat a Consumer as unfair when:
- such Consumer fails to observe the General Conditions;
- he shows unfair, arrogant or rude attitude towards the representatives of the Trader;
- there are regular events of fraud and misuse by the Consumer regarding the Trader.
- The prices of the offered goods are those fixed on the website of the Trader at the moment the order is made, save for the cases when there is an obvious mistake.
4.1. All prices of the goods include VAT, when such tax is to be accrued.
- The Trader reserves his right to change the prices of the goods offered on the site at any time and without prior notice and such change may not affect orders that have been already made.
- The Trader may give discounts for the goods offered on the site in accordance with the Bulgarian legislation and the rules defined by the Trader. The rules that apply to such discounts are available where the discount is shown. Discounts may be provided in different forms (such as promotional sales, loyalty discounts, individual, random or as a result of participation in competition or market research).
6.1. The different types of discounts may not be combined with an order and purchase of the same goods.
7. When the Consumer returns the goods with the right of refund of the paid amount for whatever reason, the price to be refunded will be less the price of the received discount applied on the goods, and only the amount that was actually paid will be refunded.
8. The Consumer may pay the price of the ordered goods by using at his discretion one of the options provided on the website. The site provides the following payment options:
• Cash on delivery
• Cash on Delivery (COD)
• Bank transfer
• Credit or debit cars
9. If the Consumer opts delivery with courier service and cash on delivery, he must pay the price of the ordered products plus the price for the delivery service to the courier when he receives the goods.
10. If the Consumer opts for a payment method which involves a third party – provider of payment services, the Consumer may be bound by the provisions and terms and conditions and/or the fees of such third party.
11. The Trader may not be liable if any payment method, which involves a third party – provider of payment services, is not available or does not function properly for a reason, which cannot be considered Trader’s fault.
Rejection of contract and replacement
- The Consumer may reject the contract without providing motives, without owing compensation or default penalty, if this happens within 14 days as of the date of acceptance of the goods by the Consumer or by any third party.
- To exercise his right under this clause, the Consumer must expressly inform the Trader about his decision to reject the contract and specify the goods he wants to return by providing all data about the completed order and delivery, including but not limited to: contents and price of the order, data about the person who made the order, data about the person who accepted the order, delivery date.
- The Trader will publish on his site a form through which the consumer may exercise his right of rejection of the contract.
- To exercise his right of rejection, the Trader shall provide to the consumer option to fill in and send electronically via the internet page the standard form for rejection or any other express statement. In such event, the Trader shall promptly send the consumer confirmation for the reception of his rejection on stable and retrievable carrier.
- The Consumer shall return the goods on his account together with the cash receipt and the invoice, if any, and deliver them to the Trader or any other person he has duly authorized, within 14 days from the date on which the Consumer has exercised his right of rejection of the contract.
- The goods must be returned in their original packaging, without traces of use or defects in their traderable quality.
- The Trader may delay the refund until the goods are returned or until he receives proper evidence that the goods have been sent back, depending on the fact which event has happened first.
- If the Consumer fails to fulfill his obligation to return the goods without warning the Trader about such delay or without providing proper reason for that, it will be considered that he has waived his statement for rejection of the contract.
- When the Trader has made expenses with respect to the performance of the contract and the Consumer rejects the contract, the Trader shall have the right to keep the relevant amount of the expenses made or to claim their payment.
- The Consumer may not reject the contract when its scope includes the following:
- Delivery of goods manufactured at the specific order of the consumer or in accordance with his individual requirements
- Delivery of sealed goods, which were resealed after delivery and cannot be returned due to reasons related to hygiene issues or health protection
- The Trader shall refund the Consumer the price he has paid for the returned goods.
22.1. If the Consumer has made payment on the contract by a bank card and has exercised his right of rejection of the contract, the paid amounts shall be refunded by ordering a reverse operation on the card with which the payment was made within 7 business days.
Warranty and Claims
- The Consumer is entitled to submit claims for nonconformity of the goods or the service with the agreed/ordered ones, when after the delivery he has found out nonconformities with the sales contract.
- The Trader may not be held liable for any color difference which results from the natural difference in the reproductions of colors by the different monitor models.
- Any nonconformity of the consumer goods with the sales contract, which is found out up to 6 months after the delivery of the goods, shall be considered as having existed at the time of delivery, unless it is proven that such nonconformity results from specification of the goods or the nature of the nonconformity itself.
- The Consumer may not protest the conformity of the consumer’s goods with its sales contract when:
- He knew or it was impossible for him not to know about this nonconformity at the moment of conclusion of the contract;
- Such nonconformity results from materials provided by the consumer.
- The Consumer may submit a claim for the goods or service irrespective whether the manufacturer or trader has provided commercial warranty for the goods or service.
- When the claim is satisfied through replacement of the goods with new ones meeting the agreed requirements, the Trader shall keep the original warranty terms and conditions for the consumer.
- With the submission of a claim, the consumer may ask to be refunded the amount he has paid, to have the goods replaced with new ones meeting the agreed requirements or for discount of the price.
- The claim may be submitted verbally on the contact phone provided by the Trader or may be sent in writing at the given email, by post or to the company address. The Trader shall provide on his site a claim form.
- With the submission of claim, the consumer shall specify the nature of the claim and how he prefers to be satisfied in accordance with the amount of the claimed sum, contact address, phone and email.
- With the submission of claim, the consumer shall enclose the documents, which serve as the grounds for his claim, and namely:
- Cash receipt or invoice;
- Protocols, acts or other documents, which verify the nonconformity of the goods with the agreed requirements;
- Any other document, which may prove the grounds and the amount of the claim.
- A claim for consumer goods may be submitted within two years after the delivery of the goods but not later than two months after the nonconformity with the agreed requirements is established.
- The time necessary to achieve agreement between the seller and the consumer of the goods to settle the dispute shall be excluded from the above term.
- If the Trader has provided commercial warranty for the goods and the warranty term is longer than the terms for submission of claims under par. 1, the claim may be submitted until the commercial warranty term expires.
- Submission of claim may not be an obstacle to initiate court proceedings.
- The Trader shall keep a register of all submitted claims. The Consumer shall be sent a document on the email he has provided, which will include the number of the claim written in the register and the type of the goods.
- When the Trader satisfies the claim, this shall be verified with the relevant report made in two copies, one of which shall be given to the Consumer.
- If the claim is justified, the Trader shall make the goods comply with the agreed requirements of the sales contract within one month from the moment the statement is submitted by the Consumer.
39.1. If the goods are not repaired after the expiry of the term under the previous paragraph, the Consumer may terminate the contract and claim refunding of the paid amount or discount of the price of the consumer goods in accordance with art. 114 of the Consumer Protection Act.
39.2. Making the consumer goods meet the agreed requirements of the sales contract shall be free for the Consumer. He will not owe any cost for the shipment of the consumer goods or for materials and labor cost referring to their repair, and may not suffer significant discomfort.
- If the consumer goods do not comply with the sales contract and when the Consumer is not satisfied with the settlement of the claim, he shall have the right to choose one of the following options:
- To terminate the contract and be refunded the amount he has paid
- To receive discount of the price.
- The Consumer may not claim refunding of the paid amount or receive discount of the price of the goods, when the trader agrees to replace the consumer goods with new ones or to repair the goods within one month from the submission of the claim by the consumer.
- The Trader shall satisfy any request for termination of the contract and refund the amount paid by the consumer, when after he has satisfied three claims of the consumer by repairing the same goods within the warranty term, there is another event of nonconformity of the same goods with the sales contract.
- The Consumer may not claim termination of the contract if the nonconformity of the consumer goods with the contract is insignificant.
- All intellectual property rights over all materials and resources placed or marketed on the website of the Trader (including available databases) protected under the Copyright and Related Rights Act, are property of the Trader or of the respective person who has granted the rights of their use to the Trader, and may not be used in breach of the applicable Bulgarian law.
- Upon unlawful copying or reproduction of information and upon any other infringement of the intellectual property rights over the resources of the Trader, the Trader shall have the right to claim compensation for any suffered direct and indirect damage in their full amount.
- Save for the cases when expressly agreed, the Consumer may not reproduce, change, remove, publish, distribute and disclose in any other form information resources published on the Trader’s website.
- The Trader shall act with proper care and provide the Consumer options for normal access to the rendered services.
- The Trader reserves his right to cut the access to the rendered services. The Trader shall have the right but not the obligation to remove information resources and materials published on the website at his absolute discretion.
Termination of the contract
- The Trader shall have the right at his discretion to terminate the contract unilaterally without sending prior notice, if it is found out that the rendered services are used in breach with these general conditions, the legislation of the Republic of Bulgaria and the generally accepted ethical norms.
- Save for the cases provided in these general conditions, the contract between the parties shall be terminated when the Trader suspends his business or the maintenance of his website.
- Beyond the events specified above, each of the parties may terminate this contract by sending one-week prior notice to the counter party upon nonperformance of the contract.
- Written form of the contract shall be considered observed when sending message on the electronic address (e-mail), clicking on electronic button on a page with web contents, which is filled in or scrolled by the Consumer or checking in a field (check-box) on the website, etc., as far as such statement is recorded in a manner that provides technical possibilities for its reproduction.
- The parties agree hereby that if any of the clauses under these General Conditions becomes invalid, this may not result to the invalidity of the contract as a whole or any part thereof. The invalid clause will be replaced with the imperative norms of the law or the established practice.
Amendment of the general terms and conditions
- The Trader shall notify the Consumers about any change in these general terms and conditions within 7 days from the moment such circumstance has occurred to the email address provided by the Consumer.
- When he disagrees with the amendment of these general terms and conditions, the Consumer shall have the right to quit the contract without providing any grounds and without owing any compensation or default penalty. To exercise such right, the Consumer shall notify the Trader within one month after the reception of the message under the previous article.
- If the Consumer fails to exercise his right of rejection of the contract under the provisions of these general conditions, it will be considered that the amendment has been accepted by the Consumer without any reservation.
57. The provisions of the effective laws of the Republic of Bulgaria shall apply to all issues that are not settled in these General Conditions.