I. General provisions
01. This document contains the General Terms and Conditions under which 212 Ltd., hereinafter referred to as the MERCHANT, provides services to its users/customers through the Internet shop http:/ /www.swissboutique.bg. These terms and conditions shall be binding on all users of the online shop. By clicking on the “Confirm order” button in the shopping cart, the user/customer agrees, fully, accepts and undertakes to comply with these general terms and conditions, which have the status of a contract of sale between you and the online store – swissboutique.bg.
02. Identification of the user/customer for the purpose of reproducing his/her statement of acceptance of the General Terms and Conditions, as well as the order placed, is carried out through the stored in the database of the online store, the server of swissboutique.bg storage of the IP address of the user/customer, as well as any other information.
03. The products on the swissboutique.bg website do not constitute a legally binding offer, but rather a demonstration online catalogue describing the retailer’s product line.
04. After clicking on the “Submit Order” button from the shopping cart, users agree to purchase the goods found in their “PRODUCT CART”. This action is legally binding. The customer receives an order confirmation and upon receipt of this confirmation the contract is deemed to be concluded.
05. The MERCHANT reserves the right to refuse delivery of a confirmed order in the event that the goods are not available. If the ordered goods are out of stock, the MERCHANT shall notify the user/customer within the working week by sending a message to the e-mail address or telephone number indicated by the customer. In the event that a transfer is made to the merchant’s account, the customer will be able to choose between a refund, cancellation or a replacement order.
06. The contractual language is Bulgarian and payments will be made in Bulgarian levs with VAT included.
II. Delivery
07. The MERCHANT shall bear the full risk of damage/loss of the goods on delivery. As soon as the goods have been handed over to the courier, the MERCHANT shall be relieved of the risk, which shall be transferred to the consumer/customer. The MERCHANT shall not be liable for any delay in the event that the delay is due to a courier or other supplier.
08. Immediately after delivery, the goods shall be carefully examined by the user/customer or his authorised person. Potential damage, knocks and other damage should be reported immediately to the MERCHANT. In the event of an incorrect or erroneous address, contact person and/or telephone number when placing the order, the MERCHANT shall not be bound by any obligation to perform the order.
08 а. Upon delivery of the goods, the user/customer or a third party shall sign the accompanying documents. A third party is anyone who is not the application holder but accepts delivery of the goods and is at the address given by the customer.
In case of refusal to receive the goods, except as described below, the refusal shall be deemed unjustified and the customer shall pay the costs of delivery and return of the goods. In the event that the customer is not found within the delivery period at the specified address or access and conditions for delivery of the goods are not provided within this period, the MERCHANT shall be released from its obligation to deliver the goods ordered for purchase.
08 b. Where the goods delivered are clearly not in conformity with the goods requested for purchase by the customer and this can be ascertained by simple inspection, the customer may request that the goods delivered to him be replaced with goods in conformity with his purchase request within 72 hours of receipt.
III. User/customer rights and obligations
09. The user/customer has the opportunity to browse and after registration to order the goods listed on the Internet store swissboutique.bg.
10. The user/customer has the right to be informed about the status of his/her order.
11. The user/customer is fully responsible for the protection of his/her username and password, as well as for all actions that are performed by him/her or by a third party using the username and password. The USER shall immediately notify the MERCHANT of any unauthorized access through the use of its username and password and whenever there is a risk of such use.
12. The user is obliged to pay the price of his order according to the method announced on the swissboutique.bg page.
13. Each user, regardless of whether he is a customer of the MERCHANT, is obliged when using the services:
- not to violate and respect the fundamental rights and freedoms of citizens and human rights, in accordance with the Constitution and laws of the Republic of Bulgaria and recognized international instruments;
- not to harm the reputation of another and not to call for a violent change of the constitutionally established order, for the commission of a crime, for violence against the person or for inciting racial, national, ethnic or religious hatred;
- not to violate other’s property or non-property, absolute or relative rights and interests, such as property rights, intellectual property rights, etc.;
- comply with Bulgarian legislation, applicable foreign laws, the rules of morality and good manners and Internet ethics;
- immediately notify the MERCHANT of any violation committed or detected in the use of the services provided;
- not to upload, send, transmit, distribute or use in any way and not to make available to third parties software, computer programs, files, applications or other materials containing computer viruses, unauthorized remote control systems (“Trojan horses ”), computer codes, or materials designed to interrupt, hinder, disrupt or limit the normal functioning of computer hardware or software or telecommunications facilities or intended to gain unauthorized access to or access to foreign resources or software;
- not to commit malicious acts;
- indemnify the MERCHANT and all third parties for all damages and lost profits, including any costs and attorneys’ fees incurred as a result of claims brought by and/or damages paid to third parties in connection with the Websites, hyper-links, materials or information that the User has used, hosted, sent, distributed, made available to third parties or made available through /the name of the site/ in violation of the law, these Terms and Conditions, Good Morals or Internet Ethics;
13 a. The Customer undertakes to provide an accurate and valid telephone number, delivery address and e-mail address, to pay the price of the goods, to pay the cost of delivery when the same is not free and to provide access and the possibility of receiving the goods. If it is not expressly stated that the supply is free of charge , it shall be deemed to be for consideration.
IV. Rights and obligations of the trader
14. The MERCHANT has no obligation and no objective possibility to control the way the users use the provided services.
15. The MERCHANT has the right, but not the obligation, to save materials and information located on the server of swissboutique.bg.
16. The MERCHANT has the right at any time, without notice to the user/customer, when the latter uses the services in violation of these terms and conditions, as well as at the discretion of the MERCHANT to terminate, suspend or modify the services provided in connection with the use of the site. The MERCHANT is not liable to users or third parties for any damages or loss of profits resulting from the termination, suspension, alteration or restriction of services, deletion, modification, loss, unreliability, inaccuracy, or incompleteness of any messages, materials or information transmitted, used, recorded or made available through /the name of the site/.
16 а. The MERCHANT, upon receipt of payment, undertakes to transfer to the consumer/customer the ownership of the goods ordered for purchase, to deliver the goods ordered for purchase in a timely manner, to check for technical correctness each item before it is shipped (if this is possible without compromising the integrity of the packaging).
17. The MERCHANT is not liable for any damages caused to software, hardware or telecommunications facilities, or for any loss of data resulting from materials or resources searched, loaded or used in any way through the services provided. The advice, consultation or assistance provided by the MERCHANT’s professionals and employees in connection with the use of the Services by the Users shall not give rise to any liability or obligation on the part of the MERCHANT. The Company is not liable for any incorrectness of the information provided by the manufacturer.
18. The MERCHANT has the right to collect and use information relating to its users/customers regardless of whether they are registered.
19. The information referred to in the preceding Article may be used by the MERCHANT, except in the case of express disagreement of the user sent to the following e-mail address office@swissboutique.bg. The MERCHANT collects and uses the information to improve the services offered. All purposes for which the MERCHANT will use the information will comply with Bulgarian legislation, applicable international acts and good morals.
20. The MERCHANT is not liable for failure to perform its obligations under this Agreement in the event of circumstances which the MERCHANT did not foresee and was not obliged to foresee – including, but not limited to, the occurrence of random events, problems in the global network of the Internet and in the provision of services beyond the control of the MERCHANT.
21. The MERCHANT has the right to install cookies on users’ computers. Cookies are text files that are saved by the website on the User’s hard drive and allow the retrieval of information about the User, identifying him and allowing the tracking of his actions, the websites he visits, the hyperlinks he uses, the information he uses and saves, etc.
V. Personal data
22. The MERCHANT guarantees to its Users/customers the confidentiality of the information and personal data provided. The latter will not be used, provided or brought to the knowledge of third parties outside the cases and under the conditions set out in these General Terms and Conditions. The MERCHANT protects the personal data of the user/customer, which became known to him/her when filling in the electronic form for making a purchase application, and this obligation ceases in the event that the customer has provided false data. Subject to applicable law and the provisions of these Terms and Conditions, the MERCHANT may use the Customer’s personal data solely for the purposes set out in the contract. Any other purposes for which the data is used will comply with Bulgarian law, applicable international acts, Internet ethics, rules of morality and good morals.
22 а. The TRADE COMPANY undertakes not to disclose any personal data about the Customer to third parties – state authorities, commercial companies, individuals and others, except in cases where it has obtained the express written consent of the customer, the information is requested by state authorities or officials who, according to the legislation in force, are authorized to request and collect such information. The TRADE COMPANY is obliged to provide the information by law.
VI. Return of goods
You may return your item within 7 days of purchase only if it is free from signs of wear and use.
Please ensure that the product is in the same condition as you received it. Upon receipt of the goods, a member of our staff will contact you and explain further action.