GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE www.balletboutiquebg.com

1. SUBJECT

Art. 1. ( 1) These general terms and conditions are intended to regulate the relations between "SANI CONCEPT" OOD, with UIC 207688544 , with registered office and management address: Sofia, p.k. 1700, Lozenets district, 21G Georgi Raichev Str., entrance A, fl. 3, apt. 5, hereinafter referred to as the SUPPLIER , and the customers, hereinafter referred to as USERS , of the e-commerce platform www.balletboutiquebg. com , hereinafter referred to as "sait" .

(2) Users of the site may be both natural persons and legal entities and organizations registered in accordance with the procedure provided for by law as legal entities - independent bearers of rights and obligations.

II. PROVIDER DATA

Art. 2. Information according to the Electronic Commerce Act (ECA) and the Consumer Protection Act (CPA):

• Name of the Supplier: " SANI CONCEPT" Ltd.

• Headquarters and management address: Sofia, p.k. 1700, Lozenets district, 21G Georgi Raichev Str., entrance A, floor 3, apt. 5

• Address for exercising the activity and address for submitting complaints by consumers: Sofia, p.k. 1700, Lozenets district, 21G Georgi Raichev Str., entrance A, floor 3, apt. 5

• Correspondence details: office@balletboutiquebg.com , phone +359 882537272

• Registration in public registers: the commercial register and the register of non-profit legal entities at the Registry Agency with UIC 207688544 ; registration under the Value Added Tax Act (VAT): BG207688544 .

• Supervisory authorities:

(1) Personal Data Protection Commission:

Address: Sofia, 2 Prof. Tsvetan Lazarov Street

tel.: (02) 940 20 46

fax: (02) 940 36 40

Email: kzld@government.bg , kzld@cpdp.bg

Website: www.cpdp.bg

 

(2) Consumer Protection Commission:

Address: 1000 Sofia, 1 Vrabcha Street, floors 3, 4 and 5

tel.: 02/933 05 65

fax: 02 / 988 42 18

hotline: 0700 111 22

Website: www.kzp.bg

III. FEATURES OF THE PLATFORM

Article 3. Balletboutiquebg.com is an e-commerce platform, available at the Internet address www.balletboutiquebg.com , through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier on the platform, including the following:

• To register and create a profile to browse the Provider's e-store and use the additional services for providing information;

• To review the goods, their characteristics, prices and delivery terms;

• To conclude contracts with the Supplier for the purchase, sale and delivery of the goods offered through the platform www.balletboutiquebg.com ;

• To make any payments in connection with the concluded contracts through the platform www.balletboutiquebg.com electronic means of payment.

• To receive information about new goods offered by the Provider on the platform www.balletboutiquebg.com ;

• To make electronic statements in connection with the conclusion or performance of contracts with the Supplier on the platform www.balletboutiquebg.com through the interface of the website www.balletboutiquebg.com , available on the Internet;

• To be notified of the rights arising from the law, primarily through the platform interface www.balletboutiquebg. com on the Internet;

• To exercise their right of withdrawal under the Consumer Protection Act in the cases provided for by law.

Art. 4. The provider on the platform www.balletboutiquebg. com organizes the sale and delivery of the goods and guarantees the rights of the Users, as provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.

Art. 5. (1) Users conclude an agreement with the Provider on the platform www.balletboutiquebg. com contract for the purchase and sale of goods. The contract is concluded in Bulgarian by the User placing an order through the website and its confirmation by the Supplier. The contract is considered concluded with the confirmation of the ordered order by the Supplier. The confirmation is sent to the User at the e-mail address specified by the latter and/or to the User's profile on the website. The Supplier's confirmation is sent within two working days of sending the order and also contains the delivery time for the ordered goods, determined in accordance with the Supplier's organizational capabilities for delivery in the shortest possible time.

(2) The Supplier undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the interface on the platform. Users have the right to correct errors in entering information no later than sending the statement for concluding the contract to the Supplier on the platform www.balletboutiquebg. com .

(3) Users pay the Supplier a price for the delivered goods according to the terms and conditions set out in the platform www.balletboutiquebg.com and these general terms and conditions. The selling price is the one announced on the platform www.balletboutiquebg. com for the relevant product or item. Unless otherwise stated, the selling price is final and includes VAT.

(4) Items for which no price is indicated are part of our product catalog and the indication of their characteristics does not constitute an offer to sell. In case of interest in their purchase, the User should request additional information regarding availability, price and delivery time. The request can be made to the Supplier's contacts specified in these General Terms and Conditions.

Art. 6. (1) The User and the Provider on the platform www.balletboutiquebg. com agree that all statements between them in connection with the conclusion and performance of the purchase and sale contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Certification Services Act (EDCESA) and Article 11 of the Electronic Commerce Act (ECA).

(2) It is assumed that the electronic statements made by the Users of the site were made by the persons indicated in the data provided by the User upon registration, if the User has entered the relevant username and password for access.

1. REGISTRATION FOR USE OF www.balletboutiquebg.com

Art. 7. (1) In order to use www.balletboutiquebg. com to conclude contracts for the purchase and sale of goods, the User must enter a name and password chosen by him for remote access or authenticate himself through his Facebook or Google account, by which he is deemed to have accepted these general terms and conditions.

(2) The name and password for remote access are determined by the User, by completing an online registration on the Provider's website on the platform www.balletboutiquebg. com in accordance with the procedure specified therein. Users have the opportunity to place orders for delivery of goods and a profile on the social networks Facebook and Google.

(3) By filling in his/her data in the user basket and clicking the "Order" button, the User declares that he/she is familiar with these general terms and conditions, agrees with their content and undertakes to unconditionally comply with them.

(4) The Supplier confirms the order placed by the User by e-mail. An account is created for the User and a contractual relationship arises between him and the Supplier.

(5) When registering or ordering, the User undertakes to provide correct and up-to-date data. The User undertakes to promptly update the data specified in his registration or order in the event of any change.

1. TECHNICAL STEPS

FOR CONCLUSION OF A PURCHASE AND SALES AGREEMENT

Art. 8. (1) Users primarily use the interface of the Provider's website on the platform www.balletboutiquebg. com to conclude purchase and sale contracts for the products offered by the suppliers on the platform www.balletboutiquebg. com goods.

(2) In cases of ordering goods without registration by the User, the latter accepts the general terms and conditions at the time of placing the order through the site, by explicitly noting this in the platform interface. By checking the box (checkbox) “I have read the General Terms and Conditions and accept them”, the User makes an electronic statement within the meaning of the ZEDEUU, by which he declares that he is familiar with these General Terms and Conditions and accepts them. The User cannot finalize the process of placing the order without expressing his agreement with the General Terms and Conditions.

Art. 9. Users conclude the contract for the purchase and sale of goods on the platform www.balletboutiquebg. com according to the following procedure:

(1) Log in to the ordering system on the platform www.balletboutiquebg.com ;

(2) Selecting one or more of those offered by the Provider on the platform www.balletboutiquebg.com goods and adding them to a list of goods to purchase;

(3) Provision of the necessary data for individualization of the User as a party to the contract;

(4) Provision of data for delivery;

(5) Choice of method and time for payment of the price;

(6) Confirmation of the order by the Supplier.

1. CONTRACT CONTENT

Art. 10. (1) The Supplier and the Users shall conclude separate contracts for the purchase and sale of the goods requested by the Users, regardless of whether they were selected with one electronic statement and from one list of goods for purchase.

(2) The supplier may organize together and simultaneously the delivery of the goods ordered under the separate purchase and sale contracts.

(3) The rights of the Users in relation to the delivered goods are exercised separately for each purchase and sale contract. The exercise of rights in relation to a delivered good does not affect and has no effect on the purchase and sale contracts of other goods. In case the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right to withdraw from the purchase and sale contract of a particular good does not affect the purchase and sale contracts of other goods delivered to the consumer.

Art. 11. When exercising the rights under the purchase and sale contract, the User is obliged to accurately and unambiguously indicate the contract and the goods in respect of which he exercises the rights.

Art. 12. The user may pay the price for the individual purchase and sale contracts at once when placing the order for the goods or upon their delivery.

VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE CAPACITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION LAW. RETURN OF THE ORDERED GOODS BY A CONSUMER.

Art. 13. The rules of this Section VII of these general terms and conditions apply only to Users for whom, according to the data provided for the conclusion of the purchase and sale contract or upon registration at www.balletboutiquebg. com , it can be concluded that they are Consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.

Art. 14. (1) The main characteristics of the goods offered by the Supplier on the platform www.balletboutiquebg. com are defined in the profile of each product on the platform www.balletboutiquebg. com .

(2) The price of the goods includes all taxes (including VAT) and is determined by the Supplier on the platform www.balletboutiquebg. com in the profile of each product on the platform www.balletboutiquebg. com .

(3) The value of postal or transport costs not included in the price of the goods is determined by the Supplier on the platform www.balletboutiquebg. com 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 general terms and conditions and the information provided to the User through the mechanisms on the platform www.balletboutiquebg. com .

(5) The information provided to Users under this article is current at the time of its visualization on the platform www.balletboutiquebg.com , before the conclusion of the purchase and sale contract.

(6) Users agree that all information required by the Consumer Protection Act may be provided through the platform interface www.balletboutiquebg.com or to an e-mail address specified by them.

Art. 15. (1) The user agrees that the suppliers on the platform www.balletboutiquebg. com have the right to accept advance payment for contracts concluded with the User for the purchase and sale of goods and their delivery.

(2) The User independently chooses whether to pay the Provider on the platform www.balletboutiquebg.com the price for delivery of the goods before or at the time of their delivery.

(3) In case the value of the User's order is equal to or exceeds EUR 5112.92 (ten thousand leva), payment is made only by non-cash means - by bank transfer, deposit into the Supplier's payment account or through the debit/credit card payment system on the Supplier's website.

Art. 16. (1) The consumer has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within 14 days, counting from the date of acceptance of the goods, through the unified form for withdrawal from the contract, available on the Supplier's website on the platform www.balletboutiquebg. com at " Return and Exchange " and in Appendix No. 1 to these general terms and conditions . Information on exercising the right of withdrawal is available at " Right of Withdrawal " and in Appendix No. 2 to these general terms and conditions .

(2) The right of withdrawal under paragraph 1 shall not apply in the following cases:

1. for the provision of services where the service is provided in full, where the contract provides for an obligation for the consumer to pay, and the performance has begun with the consumer's express prior consent and confirmation that he knows that he will lose his right of withdrawal once the contract has been fully performed by the trader;
2. for the supply of goods or services whose price depends on fluctuations in the financial market which cannot be controlled by the trader and which may occur during the period for exercising the right of withdrawal;
3. for the delivery of goods made to order by the consumer or according to his individual requirements;
4. for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
5. for the delivery of sealed goods that are unsealed after delivery and cannot be returned for reasons related to hygiene or health protection;
6. for the delivery of goods which, after having been delivered and due to their nature, have become mixed with other goods from which they cannot be separated;
7. for the supply of alcoholic beverages, the price of which is agreed upon at the conclusion of the sales contract, where the delivery can be made no earlier than 30 days from the conclusion of the contract, and whose actual value depends on market fluctuations that cannot be controlled by the trader;
8. where the consumer has explicitly requested the trader to visit him at his home for the purpose of carrying out urgent repair or maintenance work; where, during such a visit, the trader provides other services in addition to those requested by the consumer or supplies goods other than the spare parts necessary to carry out the repair or maintenance, the right of withdrawal shall apply to those additional services or goods;
9. for the delivery of sealed sound or video recordings or sealed computer software that are unsealed after delivery;
10. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications;
11. concluded during a public auction;
12. for the provision of accommodation services not intended for living, transport of goods, car rental, catering services or the provision of services related to entertainment activities, if the contract provides for a specific date or period for performance;
13. for the supply of digital content that is not supplied on a tangible medium, when the performance has begun and the contract obliges the consumer to pay, in the case where the consumer has given his explicit prior consent to the commencement of the performance during the withdrawal period, has confirmed that he is aware that he will thereby lose his right of withdrawal, and the trader has provided confirmation in accordance with the requirements of Art. 48, para. 2 or Art. 49, para. 8 of the Consumer Protection Act;
14. for the provision of services that oblige the consumer to pay, where the consumer has explicitly requested the trader to visit him at his home to carry out repair activities, after the service has been fully provided and the performance has begun with the consumer's explicit prior consent.

(3) When the provider on the platform www.balletboutiquebg. com has not fulfilled his obligations to provide information, as defined in the Consumer Protection Act, the Consumer has the right to withdraw from the concluded contract within a period of one year and 14 days, counting from the date of receipt of the goods. When the information is provided to the consumer within the withdrawal period, the same begins to run from the date of its provision. The Consumer has the right to submit the withdrawal statement under this article directly to the Supplier through the unified form for withdrawal from the contract, available on the Supplier's website on the platform www.balletboutiquebg. com at the address Appendix No. 1 to these general terms and conditions.

(4) Where the Consumer has exercised his right to withdraw from the distance contract or the off-premises contract, the Supplier shall reimburse all amounts received from the Consumer, including delivery costs, without undue delay and not later than 14 days from the date on which he was informed of the Consumer's decision to withdraw from the contract. The Supplier shall reimburse the amounts received using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed to the use of another means of payment and provided that this does not involve any costs for the Consumer.

(5) When exercising the right of withdrawal, the costs of returning the delivered goods shall be deducted from the amounts to be reimbursed under paragraph 4, except in cases where the consumer organizes the return of the goods himself and at his own expense. The Supplier shall not be obliged to reimburse the additional costs of delivery of the goods when the consumer has explicitly chosen a method of delivery of the goods other than the cheapest 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 the preservation of their quality and safety during the period under paragraph 1.

(7) The User may exercise his right to withdraw from the contract with the Supplier by sending a written statement to the Supplier using the standard form for withdrawal from the contract, available at GENERAL TERMS and CONDITIONS on the platform www.balletboutiquebg.com and in Appendix No. 1 to these general terms and conditions.

(8) When the provider on the platform www.balletboutiquebg. com has not offered to collect the goods himself, he may withhold payment of the amounts to the Consumer until he receives the goods or until the Consumer provides proof that he has sent the goods back, whichever is earlier.

(10) Notwithstanding the above hypotheses, the Consumer undertakes to return the goods in a commercial form that allows their subsequent sale. In the event of a damaged commercial form of the goods, the Supplier has the right, at its discretion, to refuse to accept withdrawal from the contract or to charge the Consumer the costs of restoring the goods in commercial form.

(11) In case of exercising the right of withdrawal under this article, the User must also exercise the right of withdrawal with respect to the bonus content belonging to the product, if such was sent by the Provider.

Art. 17. (1) The delivery time of the goods is determined for each good separately upon conclusion of the contract with the consumer through the Supplier's website on the platform www.balletboutiquebg. com .

(2) In case the Supplier has not specified the delivery period in its confirmation of acceptance of the order, the delivery period of the goods is considered to be 30 (thirty) working days, starting from the date following the confirmation of the consumer's order to the Supplier via the Supplier's website on the platform www.balletboutiquebg. com .

(3) If the Provider on the platform www.balletboutiquebg. com cannot fulfill the contract due to not having the ordered goods, he is obliged to notify the Consumer of this and refund the amounts paid by him.

Art. 18. The provider on the platform www.balletboutiquebg. com undertakes to comply with all requirements established in Bulgarian legislation regarding the labeling, advertising and sale of clothing.

VIII. PERFORMANCE OF THE CONTRACT

Art. 19. (1) The provider on the platform www.balletboutiquebg. com may organize the delivery and handover of the goods to the User by a relevant courier within the period specified when concluding the contract.

(2) If the term under paragraph 1 is not explicitly agreed upon between the parties upon conclusion of the contract, the Supplier shall organize the delivery and handover within a reasonable period of time.

Art. 20. (1) The User must inspect the goods at the time of delivery and handover and, if they do not meet the requirements, immediately notify the Supplier on the platform www.balletboutiquebg. com 

(2) If the User does not notify the Provider on the platform www.balletboutiquebg.com According to paragraph 1, the goods are considered approved as complying with the requirements, except for hidden defects.

Art. 21. The provider on the platform www.balletboutiquebg. com is not obligated to provide service for the goods.

Art. 22. For cases not regulated in this section, the rules for commercial sales set out in the Commerce Act and the Consumer Protection Act shall apply.

1. INFORMATION AND PERSONAL DATA PROTECTION

Art. 23. (1) The collection, storage and processing of personal data is carried out in accordance with the Personal Data Privacy Policy of "SANI CONCEPT" EOOD, which you can access at " Privacy Policy".

(2) The personal data entered by the Users are subject to protection under the Personal Data Protection Act and the General Data Protection Regulation 2016/679, as the Provider processes them for the purposes and within the time limits provided for in the Privacy Policy.

Art. 24. (1) At any time, the Provider on the platform www.balletboutiquebg. com has the right to require the User to identify themselves and to verify the authenticity of each of the circumstances and personal data declared during registration.

(2) In case the User has forgotten or lost his/her username and password for any reason, the Provider of the platform www.balletboutiquebg. com has the right to apply the announced "Procedure for lost or forgotten names and passwords", available at: www.balletboutiquebg. com 

1. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 25. (1) These general terms and conditions may be amended by the Provider at any time, for which the latter is obliged to notify all registered Users in one of the following ways: by sending an email to the last valid e-mail address specified by them or by sending a direct message via the platform of the site. In any case, the Provider publishes the amendment to its general terms and conditions on the platform website www.balletboutiquebg. com , by storing all previous editions of these general terms and conditions in a section of the platform accessible to the Users.

(2) The Provider and the User agree that any additions and amendments to these general terms and conditions will be effective against the User in one of the following cases:

A) after explicit notification by the Provider on the platform www.balletboutiquebg.com and if the User does not declare within the 14-day period provided to him that he rejects them; or

B) after their publication on the Provider's website on the platform www.balletboutiquebg.com and if the User does not declare within 14 days of their publication that he rejects them;

C) with its explicit acceptance by the User through his profile on the Provider's website on the platform www.balletboutiquebg.com 

(3) The User agrees that all statements of the Provider on the platform www.balletboutiquebg. com , in connection with the amendment of these general terms and conditions will be sent to the e-mail address specified by the User upon registration. The User agrees that electronic messages sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.

Art. 26. The Provider publishes these general terms and conditions at {terms_rul} along with all additions and amendments thereto.

1. TERMINATION

Art. 27. These general terms and conditions and the User's contract with the Provider on the platform www.balletboutiquebg. com are terminated in the following cases:

• upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
• by mutual consent of the parties in writing;
• in the event of objective impossibility of one of the parties to the contract to fulfill its obligations;
• in the event of deletion of the User's registration on the platform www.balletboutiquebg.com In this case, the concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution.

Art. 28. The Supplier has the right, at its own discretion, without prior notice and without owing compensation, to unilaterally terminate the contract in the event that it finds that the User is using the platform www.balletboutiquebg. com in violation of these general terms and conditions, the legislation of the Republic of Bulgaria, morality and good customs or generally accepted rules and practices in e-commerce.

XII. RESPONSIBILITY

Art. 30. The Provider is not liable in the event of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.

Article 31.   (1) The Provider is not liable for the time during which the platform was unavailable due to force majeure, including technical malfunctions that cannot be attributed to its fault, as well as power outages.

(2) The Provider is not liable for damages resulting from comments, opinions and publications under the products, news and articles on the platform www.balletboutiquebg. com .

Art. 32. (1) The Provider shall not be liable in the event of overcoming the security measures of the technical equipment and resulting in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.

(2) The Provider is not liable in the event of concluding a purchase and sale contract, providing access to information, loss or change of data resulting from false identification of a third party who presents himself as the User, if it can be judged from the circumstances that this person is the User.

XIII. OTHER CONDITIONS

Art. 33. (1) The User and the Provider on the platform www.balletboutiquebg. com undertake to mutually protect their rights and legitimate interests, as well as to protect their trade secrets that have become their property in the process of implementing the contract and these general terms and conditions.

(2) The User and the Provider undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence conducted between them. The publication of correspondence in printed and electronic media, Internet forums, personal or public websites, etc. may be considered public.

Art. 34. In case of a contradiction between these general terms and conditions and agreements in a special contract between the Supplier on the platform www.balletboutiquebg. com and the User, the clauses of the special contract shall apply with priority.

Art. 35. The possible invalidity of any of the provisions of these general terms and conditions shall not result in the invalidity of the entire contract.

Art. 36. For issues not settled in this contract, related to the implementation and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.

Art. 37. These general terms and conditions shall apply to all Users of www.balletboutiquebg. com .

Appendix No. 1

Standard form for exercising the right of withdrawal from the contract

Appendix No. 2

Information regarding exercising the right to withdraw from the contract

1. Right to withdraw from the contract at a distance or off-premises.

• You have the right to withdraw from this contract, without giving any reason, within 14 days.

• The withdrawal period is 14 days from the date on which you or a third party, other than the carrier and indicated by you, took possession of the goods.

• To exercise your right of withdrawal, you must notify us at the contact details provided on www.balletboutiquebg. com and about your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

• You may use the attached standard withdrawal form, but this is not mandatory. You may also fill in and submit electronically the standard withdrawal form or another unambiguous withdrawal statement on our website www.balletboutiquebg. com If you use this option, we will immediately send you a message on a durable medium (e.g. by e-mail) confirming receipt of the refusal.

• To meet the withdrawal period, it is sufficient to send your communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

1. Effect of refusal.

• If you withdraw from this contract, we will reimburse to you all payments we have received from you, including delivery costs (with the exception of additional costs related to the type of delivery you have chosen other than the least expensive standard type of delivery offered by us), without undue delay and in any event not 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 to the bank account specified by you; in any case, this reimbursement will not involve any costs for you.

• We have the right to postpone the refund of payments until we receive the goods back or until you provide us with evidence that you have sent back the goods, depending on which of the two events occurs earlier.

• You must bear the direct costs of returning the goods. The costs are expected to be no more than the approximate cost of delivery or standard courier service.

• You are solely responsible for any diminution in value of the goods resulting from testing them, other than what is necessary to establish their nature, characteristics and proper functioning.

For additional user information, see www.balletboutiquebg.com​