of manufacture and purchase-sale of products via online shop www.boldatelier.fashion/en
Art. 1. The present General Terms are designated to regulate the relationships between BOLD ATELIER, UIC 205805034, with residence and registered office: Burgas 8000, 5, Perla Residential Complex, entrance 1, 6th floor, apt. 2, referred to hereinafter as SELLER, and the clients of the e-trade platform BOLDATELIER, in connection with ordering the purchase of the offered products via e-shop www.boldatelier.fashion/en, referred to hereinafter as BUYERS or USERS.
Art. 2. Information in accordance with the E-trade Act and the Consumers Protection Act:
- Supplier’s name: BOLD ATELIER LTD.
- Residence and registered office: Burgas 8000, 5, Perla Residential Complex, entrance 1, 6th floor, apt. 2
- Address of business and address for serving claims by consumers: Burgas 8000, 5, Perla Residential Complex, entrance 1, 6th floor, apt. 2
- Entry in the public registers: UIC 205805034
- Supervisory bodies:
(1) Commission on Personal Data Protection
Address: Sofia, 2, Prof. Tsvetan Lazarov st.,
tel.: (02) 940 20 46
fax: (02) 940 36 40
E–mail: firstname.lastname@example.org, email@example.com
(2) Commission on Consumers Protection
Address: 1000 Sofia, 4A, Slaveykov sq., 3rd, 4th and 6th floors,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
- GENERAL PROVISIONS
Art. 3 The General Terms of e-trade platform Bold Atelier, accessible at address www.boldatelier.fashion/en bind all Clients / Buyers / Users. Seller is granting to the Users the possibility, upon compliance with and abiding by the present General Terms, to order the purchase of the products offered by online shop www.boldatelier.fashion/en.
Art. 4 Any usage of the platform means that the Clients have carefully studied the general Terms of its use and agree to observe them.
Art. 5 Bold Atelier has the right to periodically update and modify its General Terms, so that they reflect the occurring legislative changes or modifications of the conditions, under which the Seller is carrying out its business. Since the moment of publishing the General Terms on the electronic platform, the same should be considered familiar to the Users. Bold Atelier is obliged to maintain accurate and updated information on its website.
Art. 6 In case that any provision of the present General Terms turns to be invalid or inapplicable, this shall not result in invalidity or inapplicability of the remaining provisions of the General Terms.
Art. 7 The platform may contain links to other websites, but Bold Atelier is not responsible as regards their confidentiality policy.
Art. 8 All products, including those in promotion and discount, are sold and delivered until exhaustion of the quantities, even if that has not been explicitly mentioned on the platform.
- POLICY OF USE AND ONLINE SALES OF boldatelier.fashion/en
Art. 9 Supplier shall publish at address www.boldatelier.fashion/en:
- description of the main characteristics and image of each product, as well as information about the materials it has been manufactured from;
- the sale price, VAT inclusive, as well as tariff of the postal, courier or transport costs;
- information about the ways of payment, delivery and performance of the contract;
- the User’s right, and the conditions and way of exercising it, to reject the contract and the conditions, under which the product could be returned, except for the cases under the Consumers Protection Act;
- the period of validity of the offer and the price; the periods of campaigns and discounts;
- the minimum duration of the contract – with contracts of continuous or periodical delivery of products;
- any other information, which the supplier is obliged, pursuant to the Bulgarian legislation, to submit to the User in due time prior to the purchase of the product by the User.
Art. 10 Any user wishing to use www.boldatelier.fashion/en and to acquire the right to make valid purchase orders for the offered products, should fill in the electronic registration form available in Internet at address– www.boldatelier.fashion/en .
10.1. Upon filling in the electronic registration form, the User is obliged to submit the required and correct data and to maintain it updated. User guarantees that the data submitted during the registration process is correct, full and accurate and in case of any change of the latter, he shall update it within seven days after the change. Should the Seller ascertain any nonperformance of these obligations on the part of the User, he shall be entitled to terminate the contract by suspending immediately and without notification the maintenance and the access of the User to his profile.
10.2. Upon filling in the electronic registration form, the User has the right to choose freely the name and the password of his profile, as well as to make orders via a profile in the social networks Facebook or Google.
10.3. By filling in his data in the form and pushing the “Order” button, the User declares that he is familiar with, he accepts and obliges to unconditionally abide by the General Terms.
10.4. In case of an order for products without making registration on the part of the Client, the latter accepts the General Terms at the moment of making the order.
Art. 11 User shall acquire access to the form of submitting purchase orders after he enters valid user name and password in the relevant locations on the Internet page. The submission and the completion of an order is done by performing the following consecutive actions:
11.1. Entering the orders submission system
11.2. Selection of products and adding them to the list of ordered products
11.3. Submitting the necessary data for the individualization of the consumer under the contract
11.4. Submitting data for the delivery
11.5. Selection of way of payment
11.6. Confirmation of the order – the confirmation of the order by the User has the nature of an offer to sign a contract, addressed to BOLD ATELIER LTD.
Art. 12 Upon any completed order, the e-shop www.boldatelier.fashion/en notifies the User about the registration of his order at the e-mail address specified during the registration or by him, which notification does not have the meaning of acceptance, acknowledgment or undertaking commitment of its performance.
Art. 13 Seller has the right to not deliver any part of or all the products from the order in case of exhaustion of the products in stock or the materials for their manufacture. He shall inform the User about that fact at the e-maul specified by him in the registration form. In this case, the only responsibility of the Seller is to return the received in advance price of the product/products, which could not have been delivered.
Art. 14 In case of availability of the ordered product/products, the Seller shall contact the Buyer via the e-mail or telephone specified by him in order to arrange the actual details of the ordered product and the term of delivery. Seller shall notify the Buyer about the agreed terms of delivery in writing, which has the nature of confirmation of the offer submitted by the User. The contract of remote purchase-sale between the Seller and the Buyer shall be considered concluded by the moment of receipt by the Buyer at his e-mail and/or via SMS to his telephone of such confirmation, containing the terms of delivery of the product/products.
Art. 15 The contract of purchase-sale concluded between the Seller and the User consists of the present General Terms and all eventual additional arrangements between them.
- PRICES, INVOICING AND PAYMENT
Art. 16. All prices are in BGN, VAT inclusive. The specified prices of the individual products are for the relevant number and do not include the cost of delivery. Users wishing to pay the price in foreign currency within the meaning of the Currency Act shall undertake actions of negotiating with a Representative of the e-shop www.boldatelier.fashion/en the calculation of the exact price of the ordered product in the relevant foreign currency.
Art. 17 The price of the products can be paid in any of the following ways: cash on delivery, bank remittance or in some other way agreed between the User and the Representative of the e-shop www.boldatelier.fashion/en, and the User shall be obliged to pay the sale price of the product purchased by him. The postal, courier or transport costs are not included in such price, but they are at Seller’s account.
Art. 18 The price, the way of payment and the term of payment upon issuance of invoices are stated in each order.
Art. 19 Seller is obliged to submit all the necessary information for the issuance of the invoice in compliance with the effective Bulgarian legislation.
Art. 20 Seller shall issue to the Client an invoice for the ordered and delivered Products on the grounds of the information submitted by the Buyer. Bold Atelier is issuing invoices for each payment under an Order, whereby the Buyer has bought a Product offered by the Platform of www.boldatelier.fashion/en. Buyer agrees to receive such invoice via electronic way by uploading it on his profile.
Art. 21 For the correct drafting of the invoices, the User is obliged to maintain accurate and updated the data in his account.
- DELIVERY OF PRODUCTS
Art. 22 Seller is obliged to deliver the ordered and purchased Products via courier company to the address specified by the Buyer or to any office of the courier company at Buyer’s choice. The delivery is possible on the territory of the Republic of Bulgaria and to selected countries, explicitly listed on the website.
The cost of the delivery is at Bold Atelier’s account.
Art. 23 The ordered product is delivered in packing and by transport in compliance with its type to the delivery address specified by the User within a sufficient according to the circumstances period, agreed between the Representative of the e-shop www.boldatelier.fashion/en and the User.
Art. 24 Where in the Client’s/ User’s profile more than one address are recorded, the delivery shall be done to the address specified as the main one.
Art. 25 The product is handed over at the delivery address to the User or to a third person, representative of the User, who shall accept and acknowledge the receipt of the same on behalf of the User. Upon handing over the product, the User or the third person, representative of the User, shall sign the accompanying documents serving as confirmation of the delivery of the product. The acceptance of the product has the nature of acknowledgment of the performance on the part of the Seller.
Art. 26 In case the User could not be found within the term of delivery at the address specified by him or access and conditions of handing over the product within that term had not been secured, the Supplier shall be relieved from his obligation to deliver the ordered product. User may confirm his wish to receive the product also after the expiration of the term of delivery, within which he had not been found at the address, by bearing all expenses for the delivery. In such case, a new term of delivery starts running as of the moment of the confirmation under the preceding sentence.
Art. 27 The term of delivery is individual and should be agreed individually with each Client via telephone or e-mail, after the order made by him. The agreed term should be mentioned in the notification sent to the Client for the performance of the order, which should be considered as conclusion of the contract between the parties.
- PARTIES’ RIGHTS AND OBLIGATIONS
Art. 28 Seller shall be entitled:
– to place electronic links to other Internet pages and resources of sale of products and rendering services by third persons, including electronic links directing to other websites and in the consumer profile;
– to send newsletters to the User, for the receipt of which the User has subscribed and declared his explicit will to receive;
– to collect and use information about his consumers, when the same have made registration, which could contain name, surname, family name, address, profession, sex, age group, telephone, electronic mail correspondence address and any other information, which is submitted during the registration, and any other information entered or submitted during the ordering, receipt or use of the services rendered by the supplier, participation in promotions, lotteries and competitions, filling in inquiry cards, questionnaires, forms and others, and the Supplier shall use the same in compliance with the Personal Data Protection Act and Regulation (EU) 2016/679 dated 27 April 2016, in force since 25.05.2018.
– to accrue additional sums to the price of the ordered products, where the User is substantially deviating in his order or they both with the Seller have reached additional agreements on the product.
Art. 29 Seller shall be obliged:
- to transfer to the User the actual title of the purchased product after receipt of the price of the relevant product;
- to deliver the ordered product within the term agreed in art. 14 of the General Terms;
- to take the necessary care for the performance of his obligations;
- to perform the order by good quality materials;
- to take care the information in the shop to be maintained always correct and updated, but without any guarantee of its reliability and completeness.
Art. 30 Buyer shall be entitled:
- to access to the Seller’s electronic platform, upon compliance with the conditions and requirements of access, except upon occurrence of any circumstances beyond the Seller’s control in case of force majeure, accidental events, problems in the global network Internet;
- to access and corrections of his personal data in online mode;
- to reject to receive the product ordered for purchase by him upon compliance with the statutory requirements (the Obligations and Contracts Act, the Consumers Protection Act);
- to receive the full amount of the sums paid by him in the cases of undue payments;
- to receive information as regards the products and the materials used for the manufacture of the ordered product, but latest by the moment of conclusion of the contract.
Art. 31 Buyer shall be obliged:
- to specify correct and valid telephone, delivery address and electronic mail correspondence address;
- to pay the price of the product/products ordered by him;
- to receive the product;
- to take all care and undertake the necessary measured for the safety of his account, his password to his consumer profile and in case of illegal access thereto, to notify immediately the Seller. User is bearing full responsibility for the safety of his password, as well as for all actions performed by him or by a third person through using it;
- to not submit false or invalid orders or other untrue information;
- to observe the order and the conditions of filing claims and requests for replacement of ordered products; order and conditions published on the e-trade website boldatelier.fashion/en ;
- to declare that he is bound with the General Terms and that he accepts them;
- to comply with the Bulgarian, the European legislation, the present General Terms, the Internet ethics, the rules of moral and the good manners;
- to not violate someone else’s real or intangible rights, including the right of intellectual property;
- to notify immediately the Supplier about each case of committed or found out violation during the use of the shop;
- to not extract through technical means or in any technical manner information resources or parts of information resources belonging to the databases located in the shop and to not create in such way his own database in electronic or some other form;
- to not perform any malicious actions within the meaning of the present General Terms.
Art. 32 In case of nonperformance of the obligations, the Seller shall be entitled to immediately and without prior warning suspend the access of the User and third persons to his user profile, as well as his right of compensation for any sustained damages and loss of profit, as direct and immediate consequence of the nonperformance of the obligations under the preceding paragraph on the part of the User. In such cases, the Supplier shall be entitled to notify the competent government bodies for verification of the relevant violation.
- TERMINATION OF CONTRACT
Art. 33 The present General Terms and the contract between the Seller and the Buyer in the platform www.boldatelier.fashion/en shall be terminated in the following cases:
- upon termination and announcement of liquidation or insolvency of one of the parties to the contract;
- by mutual consent of the parties in writing;
- in case of objective impossibility of any party to the contract to perform its obligations;
- in case of seizure or sealing of the equipment by government bodies;
- in case of deletion of the User’s registration in www.boldatelier.fashion platform. In such cases, the concluded, but not performed contracts of purchase-sale shall remain in force and subject to performance.
In case of refusal of the contract on the part of the User, he shall fill in a Standard Form of refusal of the contract and shall attach the same to the delivery.
Art. 34 Seller shall be entitled, at his own discretion, without sending a prior notice and without owing any compensation, to unilaterally terminate the contract, in case it find out that the User is using www.boldatelier.fashion/en platform in violation of the present general Terms, the legislation of the Republic of Bulgaria, the generally adopted moral norms or generally accepted rules and practice in the e-trade.
Art. 35 User may request at any time deletion of his profile. In such case, the deletion shall be done only after the performance of all validly submitted orders and the relevant payment of the due price and delivery expenses.
Art. 36 Seller shall not be liable in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including also decrees of competent government authorities.
Art. 37 Seller shall not be liable for damages incurred by the User to third persons.
(2) Insofar he is not capable to change, control or in some other way has influence on the quality and the fitness for use of the materials and supplies used for the manufacture of the product, he shall not be liable for their conformity with the applicable regulatory requirements and their properties.
Art. 38 Seller shall not be liable for material and intangible damages expressed in loss of profit or sustained damages incurred to the User in the process of using or not using www.boldatelier.fashion/en and conclusion of contracts of purchase-sale with the Seller.
Art. 39 Seller shall not be liable for damages from comments, opinions and publications under the products, the news and the articles on www.boldatelier.fashion/en platform. he is not guaranteeing that the access to the shop shall be without interruptions, timely, secure and free of errors, insofar this is beyond his abilities, control and will.
Art. 40 Seller shall not be liable in any case of overcoming the security measures of the technical equipment and any resulting loss of information, dissemination of information and other similar consequences.
(2) Seller shall not be liable in case of conclusion of contract of purchase-sale, granting access to information, loss or modification of data having occurred as a result of false legitimation of any third person, which pretends to be the User, if it could be judged from the circumstances that the person was the User.
Art. 41 User shall be obliged to compensate the Supplier and all third persons for all sustained damages and loss of profit, including for any costs and paid attorneys’ fees, compensations paid, administrative charges, resulting from claims filed by third persons in connection with nonperformance of the obligations by the User under the present contract, any violation of the Bulgarian legislation, the applicable foreign laws, the [resent General Terms, the good moral and/or ethics. User shall be obliged to compensate the Supplier also for all damages incurred by third persons, to whom he has surrendered his password, while using the same.
- RETURN AND REPLACEMENT
Art. 42 The products offered in the online shop are entirely new and original.
Art. 43. Right of return and replacement
Buyer shall have the right to return or have replaced the product purchased by him within 14 days from the date of the delivery to the address specified by him in advance.
To that end, it is necessary for him to fill in our Return and Replacement Form and after that send it to the following e-mail address: firstname.lastname@example.org.
The form for refusal is accessible via the following link:
Art. 44. Conditions of return
The returned product must be in immaculate commercial appearance, to not have been worn, laundered, ironed or torn, without foreign smells (from creams, perfumes or cigarette smoke) and with all available labels. Obligatory attached to the shipment with the product: a commodity receipt and our Return and Replacement Form filled in.
The product should be returned to us by Econt courier service and the Client shall cover the delivery costs.
The address for return of the product is the following:
Burgas, 16, Vasil Levski st., 2nd floor, office 220/221
BoldAtelier retains its right to not accept returned products, if they do not meet the aforementioned conditions. In such cases, we send back to the client the products and the delivery costs shall be at his own expense.
Art. 45. Conditions of replacement
Should it be necessary the item purchased by a client to be replaced, the following options are possible:
- Replacement by the same model of item, but different size.
- Replacement by another item of the same value or higher and the client covering the difference in the second case. We shall inform in due time the client about the amount of the additional payment.
- Replacement by another item of lower value and the price difference is not reimbursed to the client.
Art. 46 Reimbursement of sums
The value of the returned product shall be reimbursed to the client by bank remittance in compliance with the provisions of the Consumers Protection Act. The reimbursement of the sum shall be done within 14 days as of the receipt of the returned product in the required condition.
BoldAtelier shall not be liable for filled in incorrect data during the registration, as well as in the return and replacement forms or in case of delay of the courier services, which could result in delay of the term of reimbursement of sums to the client.
- OTHER PROVISIONS
Art. 47 The parties declare that in case of invalidity of separate parts of the present General Terms, it shall not result in invalidity of the present General Terms and the individual invalid clauses shall be considered replaced by right by the imperative rules of the law.
Art. 48 All disputed between the parties shall be settled in the spirit of understanding and good will. In case of not reaching an agreement, all unsettled disputes arising from the contract between the parties or referring to it, including disputes arising from or referring to its interpretation, invalidity, performance or termination, as well as any disputes for filling in gaps in the contract or its adaptation to newly arising circumstances, shall be settled in proceedings by the competent court in Burgas, Republic of Bulgaria.
Art. 49 The written form shall be considered complied with by sending an electronic mail, pushing an electronic button on the page with contents to be filled in by the User or by marking a field on the Seller’s website and others of the like, insofar the statement has been recorded in technical way with the possibility to reproduce it.
Art. 50 The General Terms can be modified unilaterally by the Seller, who shall be obliged after the modifications to notify the User by sending to his electronic mail and/or by publishing on a visible place on the website an announcement thereof. The modifications of the General Terms shall not affect the relationships between the User and the Seller, having aroused by a purchase order for a product validly submitted before the notification.
For the purposes of the present General Conditions, the terms and expressions mentioned below and used in the present General Conditions, shall have the following meaning:
- Buyer – a natural person of or over 18 years of age, a legal entity or another legal establishment, who creates an account on the Platform, makes an order and signs a contract of remote purchase-sale.
- Seller – BOLD ATELIER LTD., referred to as SELLER.
- Website/site is a designated location in the global Internet network, accessible via its URL under protocol HTTP, HTTPS or another standardized protocol, and containing files, programs, text, sound, picture, image or other material resources – in this case the e-shop hosted at web address boldatelier.fashion/en and its subdomains.
- The platform – the site or the mobile application of Bold Atelier.
- Internet page is an integral and detached part of a website.
- Client/User – any natural person of or over 16 years of age, a legal entity or another legal establishment, who has registered himself on the Platform, and, by completion of the Account creating process, has given his consent as regards certain clauses in the General Terms section of the Platform.
- Account – a section of the Platform consisting of e-mail address and a password, which allows the Buyer to send an Order, and which contains information about the Buyer/User and the history of some of his actions on the Platform (orders, tax invoices, etc.). User is responsible and secures that the entire information entered in the Account is true, full and updated.
- Favorite Products – a section in the account, which allows the buyer/User to create his lists of Products and Services he wishes to follow up in connection with eventual purchases through using the service offered by the Seller for following up Products and Services by receiving Commercial Messages on his part.
- List – a part of section Favorite Products, whereto the Buyer/User can add products he is interested in.
- Cart – a section in the Account, which allows the Buyer/User to add Products or Services he wishes to buy by the moment of their adding or at a later stage; in case the Products and Services were not bought by the moment of their adding through making and Order, the Buyer/User shall make use of the Seller’s service for following up the Products and Services by receiving Commercial Messages from the Seller.
- Order – an electronic document representing a form of communication between the Supplier and the Client, whereby the Client declares to the Supplier, via the Platform, his intent to purchase Products from the Platform.
- Product(s) / Service(s) – any product or service located on the Platform, including products and services mentioned in the Order, which are provided by the Seller as a result of a concluded contract.
- Campaign – any advertising message aimed at the promotion of the Platform, the BOLD ATELIER brand or certain Products or Services, which are offered in limited available quantities, unless explicitly mentioned otherwise in the commercial message, for a certain period of time specified by the Seller.
- the entire information on the Platform, which is accessible via Internet connection and use of a devices connected to Internet;
- the contents of any message by the Buyer to the Seller sent by electronic means and/or any other accessible communication means;
- any information submitted in any way whatsoever by an employee/associate of BOLD ATELIER to the Client via electronic or other means of its remote transmission;
- the information related to the Products and/or applied tariffs by the Seller in certain period of time;
- information concerning the Clients and related to the Products and/or the applicable tariffs by third persons, with which the Seller has concluded partnership agreements in any form;
- data of the Seller.
- Newsletter – regularly distributed publication concerning topics, which could be of interest for the subscriber of the publication.
- Commercial Messages – any type of message sent via electronic communication channels (such as e-mail, SMS, etc.) containing general or thematic information, information about similar or suitable products to the purchased ones, information about offers or promotions, information about the Products and Services added to the section Account/My cart or to the section Account/Favorites, as well as other commercial messages such as market or consumers researches.
- Transaction – the action on the part of the Seller of reimbursement of the sum paid by the Buyer as a result of cancellation, termination, refusal or non-signing a contract via the Platform, performed only by bank remittance.
- Specifications – all characteristics and/or descriptions of the Products such as stated in their description.
- Packing – containers and any other devices or materials capable to perform the function to contain and preserve various goods offered directly to the user.
- Sale Price – the final price for one piece or certain quantity of a product or a service, including the value added tax and all additional taxes and charges.
- Accidental Event – any unforeseen by the moment of signing the contract circumstance of extraordinary nature, which renders its performance objectively impossible.
- IP Address – a unique identification number, associating a computer, Internet page or resource of the User in a way allowing their localization in the global Internet network.
- Malicious Actions – are actions or omissions violating the Internet ethics or incurring damages to persons connected to Internet or associated networks, sending unwanted mails (not requested commercial messages, spam, junk mail), flooding of the channels, gaining access to resources via someone else’s rights and passwords, taking advantage from flaws in the systems for the purpose of own benefits or obtaining information (hack), performance of actions, which could be qualified as industrial espionage or sabotage, damaging or destruction of systems or information arrays (crack), sending Trojan horses or provoking installation of viruses or remote control systems, disturbance of the normal operation of the other users of Internet and the associated networks, performance of any actions that could be qualified as crimes or administrative violations pursuant to the Bulgarian legislation or other applicable law.