GENERAL TERMS AND CONDITIONS

For using the www.andrews.bg online shop

GENERAL PROVISIONS

Attention! Please read in detail and carefully the GENERAL TERMS and CONDITIONS below before using the online store available online at www.andrews.bg

Attention! All orders for the delivery of goods made through the online store are related to consumer payment obligations! 

1. These GENERAL TERMS and CONDITIONS are applicable to and for the use of the online store available online at the web address www.andrews.bg, such as through the use of the online store, respectively, through and through the use of any of its functionalities, including but not limited to placing an order, filling in registration forms, etc., you declare that you accept these General Conditions and agree with them and their content and application. 

2. These GENERAL TERMS and CONDITIONS contain the terms and conditions applicable to the sale of goods to consumers via the online store, available on the above-mentioned web address, by the merchant "ANDREWS FASHION" EOOD, entered in the Commercial register  at the Registry Agency with EIK 130945603, with headquarters and address of management in the Republic of Bulgaria, Sofia, 47a Sitnyakovo Blvd., office 1, e-mail address: office@andrews.bg, telephone: 02 9 670 670 (for short, Merchant), according to which, in agreement with which and on the application of which the said merchant sells goods to its users via the online store at the above-mentioned web address (for convenience, eShop).

3. The e-shop reserves the right to amend and supplement these General Terms and Conditions at any time, and such amendments and supplements shall enter into force without the prior consent of the users. Amendments shall enter into force automatically from the time of their publication on the e-shop website. The users are committed to familiarizing themselves with the current GENERAL TERMS AND CONDITIONS, each time s/he visits the site and before each order of a product from the e-Shop.

4. Anywhere below in these GENERAL TERMS AND CONDITIONS, the online store, available on the above-mentioned web address and / or the merchant mentioned above, will be referred to as only the SHOP. Anywhere below in the GENERAL TERMS, the word "shop" will be understood and / or as the Merchant's Online Store, available at the specified Website and / or as the Merchant itself, as listed above and / or as both together, depending on the context, in which it was used.

5. Anyone who loads the e-shop on their technical device or uses the e-shop and / or uses any of its functionalities, in the following GENERAL TERMS, will be hereinafter referred to as the CUSTOMER only.

6. When loading the page of the E-SHOP, as well as its use, including through the use of any of the functionalities and / or hyperlinks incorporated therein and / or by using the opportunity to order products / goods and / or the payment of the products / goods offered by the e-SHOP, it will be assumed that the User has thoroughly and carefully got to know these GENERAL CONDITIONS, and, respectively, has accepted them and undertakes to comply with them.

7. The user should use the site in good faith and identify him/herself accurately in view of defining  his/her statement of acceptance of the GENERAL CONDITIONS (including, but not limited to, the user's IP address stored on the server logs as well as through other information).

 

II. RIGHTS AND RESPONSIBILITIES OF THE PARTIES1. Traded products. Right to changes in the eSHOP.1.1. Products/goods, traded by the Merchant through the eSHOP are limited to, and only to, the products / goods expressly presented in the eSHOP, with prices explicitly stated. The products are traded solely through the application of these GENERAL CONDITIONS or the explicitly stated conditions for the product concerned.1.2. The Merchant is entitled at any time and without notice to make changes in the eSHOP, including but not limited to the products / goods published and presented therein and the prices stated, delivery and payment terms, etc.

1.3. All amendments and additions to the content of the eSHOP, including but not limited to the products / goods published and presented therein and the stated prices, terms of delivery and payment, etc., shall enter into force immediately upon their publication on the website of eShop at  the above-mentioned web address.

 4. Attention! All orders for delivery of goods made through the online store are related to payment obligations to pay the price for the product/s concerned as indicated at the eSHOP, as well as to the payment of delivery costs, etc., according to the terms of payment delivery and payment referred to in the relevant sections below of these terms and conditions! 

2. Personal Data - Data Administrator, Consent, Rights and Responsibilities2.1. When using an EAGLE, respectively upon registration at the eSHOP, including but not limited to the purchase of products from the SHOP, the user submits personal information and personal data.2.2. When using the eSHOP, respectively when registering at the eSHOP, the user shall submit personal data in good faith, and identify him/herself by presenting correct, accurate and up-to-date information.

2.3. The personal data submitted by the user when using the eSHOP and / or when registering at the eSHOP are protected by the Personal Data Protection Act and by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 regarding the protection of individuals with regard to the processing of personal data, applicable to the collection, storage and processing of personal data by data controllers.

2.4. A personal data controller, within the meaning of the LPDP and Regulation (EC) 2016/679 of the European Parliament and of the Council is the Merchant referred to in Section I above.

2.5. The merchant, respectively the eSHOP use the personal information and personal data provided by the users as outlined above for the purpose of administering the eSHOP and servicing the users of the eSHOP, including the execution of the orders / purchases submitted by the consumer and for ordering of the sales / deliveries, as well as to improve the services and functionalities of the eSHOP.

 2.6. Through any use of the eShop, respectively through each registration at the eSHOP, respectively. through any and all kind of submission of personal data / personal information to the eSHOP, including but not limited to filling in a form or other form of registration at the eSHOP, including but not limited to, at registering for promotions, when ordering products, in the purchase of products / goods from the eSHOP and / or payment for products / goods to the eSHOP, the user confirms that he / she has become acquainted with these general conditions and that he / she gives his / her free and informed consent to his or her personal data, incl. names, personal identity number, date of birth, address, telephone number and e-mail address (or other data provided), to be collected, stored and handled for an indefinite period by the Merchant as a Personal Data Administrator, including for purposes such as accounting, reporting, invoicing, other documents, other activities related to legal relationships with data controllers, including those for entering, storage and processing the personal data in customer registries of the data controllers, including for marketing and statistical purposes of  data controllers, including direct marketing of data controllers and their traded goods;including for marketing, promotional and other similar campaigns, initiatives and activities of data controllers, including statistical analyses and marketing and other research and analyses, and for direct marketing purposes, including consent to receive advertising and promotional messages and other notifications by phone, SMS, e-mail or otherwise from data controllers, including but not limited to advertising,promotional, marketing, and other initiatives of data controllers or goods bearing the trademark of Andrews / Andrews Fashion Studio, including but not limited to activities and events related to the data controller, the products offered by the data controller and / or the sales of Andrews / Andrews Fashion Studio merchandise shops, including but not limited to the eSHOP and / or other stores, and / or associated events and promotional and marketing initiatives, respectively those undertaken by controllers or by third parties under contracts with the administrator, advertising, promotional or marketing activities, initiatives and events of any kind relating to the data controller and / or the designated Andrews / Andrews Fashion Studio and / or the goods bearing and / or produced under that trademark and / or shops, including but not limited to, the eSHOP, in or through which these goods are sold to end users.

2.7. Attention! The user – a physical entity, who has provided personal data has rights with respect to the data controller, including in relation to the collection, storage and processing of personal data by the data controller, including, but not limited to, the right to request from the data-trader referred to, regarding access, correction or deletion of his or her personal data or limitation of the processing of his or her personal data, as well as the right to object to the processing of the data, as well as the right to data portability, as well as the user’s right to appeal to the CPDP against the unlawful processing of the data by the Administrators

2.8. Through any use of the eSHOP, through each registration at the eSHOP, respectively through any and all kind of submission of personal data / personal information to the eSHOP, including but not limited to filling in a form or other form of registration at the SHOP, including but not limited to, registering for promotions, when ordering products, at the purchase of products / goods from the eSHOP and / or the payment of products / goods to the SHOP, the user confirms that s/he is aware of all his / her rights under the LPDP and EU Regulation (EU) 2016/679, including the rights above in these general conditions.

2.9. The Contact Information for contact with the Trader-Data Administrator is listed in Section I, line 2 above in these GENERAL CONDITIONS.

3. Change in prices of goods and sales terms.3.1. Attention! All orders for delivery of goods made through the online store are related to consumer payment obligations! The eSHOP has the right to change the prices at any time without owing prior notification to the users. The user is required to pay the price of the item that was current at the time of the order, as well as the actual shipping and payment costs according to the current delivery and payment terms.

3.2. In the case of reduction of prices, the latter is announced in the eSHOP, the new price being  placed next to the old one, which is crossed out, or indicated as such in another way that is provided by the Consumer Protection Act.

3.3. In case of technical errors, omissions or inconsistencies, made by the user in the information provided by him / her during the execution of the order, the eSHOP has the right to refuse the performance of the order without due compensation to the consumer. In the case of user-paid amounts for a particular order(s) which, for the above reasons, can not be fulfilled, the eSHOP is obliged to recover the amounts paid.

4. Consumer information according to Art. 47, para. 1 of the Consumer Protection Act (CPA). Rights and obligations under CPA4.1. Through the orders made under the terms of the eSHOP, and / or according to the functionalities of the eSHOP, the Merchant, as Supplier, concludes contracts with the consumers for distance selling, within the meaning of the Consumer Protection Act, of the goods offered for sale / sold in the eSHOP.

4.2. The main characteristics of the products / goods sold in the eSHOP are described at the eSHOP on of the page / place for presenting the respective product on the eSHOP web site.4.3. A supplier of the goods offered by this eSHOP, respectively the goods ordered by consumers through this online store is the Merchant referred to in Section I, Item 2 above in these Terms and Conditions.4.4. The headquarters, supplier's address of management, and the telephone and e-mail address for contact of the consumer with the supplier / trader are listed in Section I, item 2 above in these Terms and Conditions.4.5. The address of the supplier's place of business is the registered office, and business address of the Merchant referred to in Section I, Item 2 above in these General Terms.

4.6. The final price of the goods is displayed on the product presentation page next to the product name. The cost of delivery shipping costs is NOT included in the price of the goods. It is determined and charged additionally upon order, depending on the way of delivery, and is additionally charged to the price of the goods when determining the final amount of payment.4.7. The supplier does not charge users with the cost of using a communication tool to conclude the distance sale contract.

4.8. The terms of payment, delivery, and performance of the order, respectively the terms and conditions under which the Supplier undertakes to deliver the goods ordered through the eSHOP are described in the "Delivery terms" section "Delivery terms." Terms and methods of payment are listed in the "Payment Methods" section.

 5. Terms, time limit and ways of exercising the right of withdrawal from a contract under the Consumer Protection Act5.1. The consumer has the right to withdraw from the distance sales contract without giving any reasons for doing so. The period for exercising the right of withdrawal is 14 days from:-         

• the date of delivery, which means the date on which the consumer or a third party (other than a courier) specified by him and/or accepted the goods in his possession has actually accepted and physically possessed the product/commodity;
    
 - or 

• in the case of more products ordered with a single order and delivered separately: (a) the date on which the consumer or a third party / third party (other than a courier) specified by him and / or accepted by him the goods has also physically accepted (b) the date on which the Supplier / eSHOP informs the consumer that the Supplier / eSHOP cannot deliver the rest of the ordered products; or  - in the case of an order related to the delivery of a multi-part product:

(a) the date on which the consumer or a third party / third party (other than a courier) specified by him and/or accepted the product for his / her behalf is and

(b) the date on which the Supplier / eSHOP informs the consumer that it can not deliver the remaining parts.

5.2. In order to exercise its right of withdrawal, the consumer must notify the eSHOP by indicating the name and address of correspondence, and a telephone number and e-mail address, if the latter are available, as well as his/her decision to withdraw from the contract with an unambiguous statement, which statement should be submitted to the eSHOP on a paper or other durable medium.

5.3. The consumer may also fill in and submit the standard denial form electronically constituting Annex 6 to the Consumer Protection Act (Appendix 1 to these General Terms and Conditions) or another unambiguous request for refusal at the e-mail address of the Provider referred to in Section I, item 2 above, and if s/he uses this opportunity, the eSHOP will immediately send a confirmation message on the receipt of the refusal. In order to comply with the withdrawal period, it is sufficient for the consumer to send his/her notice on exercising his/her right of withdrawal before the expiration of the withdrawal period (14 days after receipt of the goods according to 5.1 above).

5.4. In the event that the consumer renounces the contract, the Supplier / eSHOP will reimburse all payments received, including the cost of delivery, if and to the extent that , the Supplier / eSHOP has received such (except for additional costs related to the consumer's chosen delivery method, different of the cheapest standard delivery method offered by the SUPPLIER) without undue delay and in any event no later than 14 days from the date on which the consumer informs the Supplier / eSHOP of his/her decision to withdraw from the contract.

5.5. When the consumer exercises his/her right to withdraw from the contract at a distance and when the trader has not offered to take the goods himself, the consumer must either send or return the goods back to the trader or to a person authorized by the trader without undue delay and no later than 14 days from the date on which the consumer has notified the trader of his/her decision to withdraw from the contract. The deadline is considered to be met if the user sends or handed the goods back to the merchant before the end of the 14-day period. The goods should be returned in the original packaging in their entirety, complete with accompanying documentation and without damage.

5.6. Attention! The costs of returning the goods are to be covered by the consumer. The consumer shall bear the cost of returning the goods in the event of exercising his/her right of withdrawal, including, but not limited to, when the goods cannot be returned by normal mail or if he chooses to return them otherwise. The cost of returning the goods is according to the user's chosen way of returning the goods, according to the courier companies' tariffs, if the user chooses the return by the courier company or the postage costs if a return is selected by post or else.

5.7. Attention! The user is liable to the Supplier for the diminished value of the goods caused by testing them other than what is necessary to establish their nature, characteristics, and good functioning!

5.8. The Supplier / eSHOP reimburse the customer only through a transfer to a bank or card account of the customer.

5.9. The Supplier / eSHOP has the right to defer the reimbursement of the payments until the goods have been returned or until evidence has been provided that the goods have been sent back by the consumer to the supplier, whichever of these events is the earlier.

6. Goods inconsistencies and claims.6.1. Attention! Upon receiving the goods, the consumer/recipient of the goods must check the goods in the presence of the courier, respectively check the contents of the package for compliance with the order. In cases when the merchandise is found to be in a demonstrable way and in the presence of a courier different from the order, the eSHOP replaces the products at its own expense, without any additional fees for the User.

6.2. In the case of missing goods proven by the User upon receipt of the order, the eSHOP may offer alternative products/goods of the same value. If the Customer refuses to receive the products, the eSHOP refunds the corresponding amount.

6.3. Attention! Consumers should bear in mind that the Consumer Protection Act provides legal guarantees for the safety of goods and services and the conformity of goods with the contract of sale, which is legally enshrined in Chapter V of the Consumer Protection Act (CPA)! In the event of non-compliance / defect of the product purchased through the eSHOP, the rules under Chapter V, Section II and Section III of the CPA are applicable and, for the submission of complaints, the consumer may contact the trader/supplier at the  addresses, telephones, e-mail addresses described in Section 1, para2 above of the GENERAL CONDITIONS.

6.4. Attention! In case of packaging defects and/or the appearance of the goods, which have occurred during transport, you should contact the courier for drafting a damaged shipment!

6.5. In the event that an agreement satisfactory to the parties in a dispute can not be reached between the consumer and the eSHOP / TRADER in accordance with Article 148 (4) of the Consumer Protection Act, consumers may use the following electronic link (s) to The Consumer Protection Commission https://www.kzp.bg/ or the online dispute resolution platform within the EU: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

7. Delivery terms.

7.1. Terms Used:User: A person who selects products from the eSHOP, completes the data and initiates the order by doing so on his/her own behalf or on behalf of a natural or legal person.Consignee: A natural or legal person who may be different from the consumer and who receives the ordered products at an address specified by the applicant.

7.2. To place an order, the user must complete and submit the required data, registration forms/forms to the eSHOP.

7.3. Supplies to the Republic of Bulgaria:7.3.1. The cost/expenses of delivering the goods are to be covered by the consumer and is charged and paid in addition to the prices of the goods specified in the eSHOP.

7.3.2. Delivery to settlements/addresses in the Republic of Bulgaria shall be made within 5 (five) working days as of:

• payment of the price if payment for the goods is by bank transfer or by card or ePay.BG
  
  
• the order, if the price of the goods is paid on delivery, with a charge

7.3.3. Delivery for settlements/addresses in the Republic of Bulgaria is made through the courier company EKONT, the delivery prices being in accordance with the current price offer of the said courier company, as follows:

• to all settlements in Bulgaria with a delivery order - BGN 5.

7.3.4. Attention! In the event of failure to deliver the consignment created by fault or cause of the consignee, after the expiration of 2 days from the date of the unsuccessful delivery of the consignment for the stated reason, storage costs (or "store" ) are payable by the consumer at the amount of BGN 4.80 for each day of the shipment's stay at the courier company, due to the fault of the consumer and / or the recipient of the goods are.

8. Ways of payment of prices and refunds.8.1. Attention! The eSHOP does not charge
user fees for using a means of payment that exceeds the costs of using the same means of payment made by the trader.

8.1. Cash payment at delivery - cash on delivery8.1.1. When choosing a pay-as-you-go payment, delivery of the ordered goods takes place within 5 business days from the date of the order and can be executed earlier.8.1.2. In this case, the value of the order and the cost of delivery are paid by cash upon delivery by the courier company EKONT. Delivery terms are in the "Delivery terms" section. On delivery of the goods, the user pays the amount due to the courier, plus sum payable for the delivery according to the tariff of the courier company.

8.2. Payment via ePay.BG8.2.1. Attention! When choosing to pay via the Epay system, the user must be registered at www.epay.bg. If the consumer chooses this method of payment to the eSHOP and has the corresponding registration at www.epay.bg, the Merchant / eSHOP will receive information about the payment received and will start the execution of the order as from the date of payment. All fees, charges, etc. collected in the Epay payment system in this user-selected way are at the expense of the user.

8.3. Payment by debit or credit card

8.3.1. When selecting a direct payment on the merchant's account by a credit or debit card, the merchant / eSHOP will receive information about the payment received and will start executing an order from the date of payment after which the goods will be sent by courier, at the expense of the recipient.

8.4. Payment by wire transfer

8.4.1. The goods are sent by courier, at the expense of the recipient, according to the delivery method, after the money from the transfer is transferred to the merchant's bank account / eSHOP, namely: bank account (in BGN) IBAN: BG79BPBI79401058956201, with Postbank BIC: BPBIBGSF

8.5. Refunds 

8.5.1. If necessary and/or if an obligation arises for the eSHOP to repay the Customer in whole or in part, on the part of the eSHOP they shall be made in a manner agreed between the parties or at a bank account designated by the customer.

8.5.2. In the event that the consumer waives the contract, the eSHOP will  refund to the consumer all payments received, including the cost of delivery (except for additional costs associated with a consumer-selected delivery method other than the cheapest standard without undue delay, and in any case not later than 14 days from the date on which the consumer informs the eSHOP, as set out in the GENERAL CONDITIONS for his/her decision to withdraw from the contract.

9. Trademarks.

9.1. Attention! The trademarks used on the site for goods and services, as well as the entire content of the site,  belong to the eSHOP and are protected by trademark rights as well as by copyright and related intellectual property rights!

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These General Terms and Conditions have been accepted, approved and published by the Merchant on the eSHOP website on 03.06.2018.