Terms of Use

GENERAL TERMS OF USE OF ONLINE STORE LIBRA PASSION BEAUTY BOX

 

I. SUBJECT


Art. 1. These general Terms of Use are intended to regulate the relations between Libra Ocean Ltd., hereinafter referred to as SELLER, and the Clients, referred to as below USERS, on the online store www.librapassion.com, hereinafter referred to as "ONLINE STORE".

 

ІІ. SELLER'S DATA


Art. 2. Information according to the Electronic Commerce Act and the Consumers Protection Act:


1. Name of the SELLER: Libra Ocean Ltd.


2. Headquarters and Address of Management: Sofia, Krasno Selo, bl.189, Entr. G, ap.47


3. Operational Address: Sofia, Krasno Selo, bl.189, Entr. G, ap.47


4. Correspondence data: Sveti Vlas, 3 Kokiche Str., Entr. B, ap.2


5. Public Registration Number: 205656156


6. Certificate number for personal data controller № (not applicable)


7. Supervisory authorities:

(1) Commission for Personal Data Protection
Address: Sofia 1592, Prof. Tsvetan Lazarov ”№ 2,
tel .: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg

 

(2) Consumers Protection Commission
Address: 1000 Sofia, 4A Slaveykov Square, 3rd, 4th and 6th floors,
tel .: 02/980 25 24
fax: 02/988 42 18
hotline: 0700 111 22
Website: www.kzp.bg


8. VAT Registration № BG205656156

 

III. CHARACTERISTICS OF THE ONLINE STORE


Art. 3. The ONLINE STORE is available on the Internet at www.librapassion.com, where the USERS have the opportunity to enter into contracts for sale and delivery of products offered by the ONLINE STORE, including the following:


1. To register and create an account for viewing the ONLINE STORE and use the additional services and information;


2. To make electronic statements regarding the contracts with the ONLINE STORE through the interface of the page of the ONLINE STORE, available on the Internet;

3. To conclude contracts for purchase and delivery of products offered by the ONLINE STORE;


4. To make any payments under the contracts with the ONLINE STORE, according to the payment methods operated by the ONLINE STORE;


5. To receive information about new products offered by the ONLINE STORE;


6. To review the products, their characteristics, prices and delivery conditions;


7. To be notified of the rights arising from the law mainly through the interface of the ONLINE STORE page on the Internet;


8. To exercise the right of withdrawal from the contract for the products offered by the SELLER, for which the right of withdrawal from the contract is applicable;

 

Art. 6. (1) The USER and the SELLER agree that all statements between them regarding the execution of the contract for sale may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.


(2) It is assumed that the electronic statements made by the USERS of the site are made by the persons specified as USERS in the data provided during registration if the USER has entered the respective name and password for access.

 

IV. USE OF THE ONLINE STORE


Art. 7. (1) To use the ONLINE STORE for concluding contracts for purchase and sale products, the USER should enter their chosen name and password for remote access in cases where the ONLINE STORE requires registration.


(2) The name and the password for remote access are determined by the USER by electronic registration on the SELLER's website.


(3) By filling in his data and pressing the buttons "Yes, I accept" or "Registration", the USER declares that he is familiar with these general conditions, agrees with their content and undertakes to comply with them unconditionally.

4) The SELLER confirms the USER's registration to their e-mail address. The USER confirms the registration and conclusion of the contract by electronic reference in the letter notifying them of the registration sent by the SELLER. After the confirmation, an account of the USER is created and a contractual relationship arises between them and the SELLER.


(5) Upon registration, the USER is obliged to provide accurate and current data. In case of change, the USER promptly updates the data in his registration.

 

(6) To use the full functionality of the ONLINE STORE the USER can create an account. The SELLER is not responsible if a USER without an account could not benefit from the online store full functionality, including in terms of exercising rights under the contract, the ability to claim a lower price and other similar functions. 


(7) These Terms of Use may be accepted by the USERS without a created account through an explicit statement of intent.

Art. 8. (1) The e-mail address provided during the initial registration of the USER, as well as any subsequent e-mail address used for the exchange of statements between the USER and the SELLER, is "Primary E-mail Address" within the meaning of these general conditions. The USER has the right to change his Primary Contact Email Address.


(2) Upon receipt of a request for change of the Main Contact E-mail Address, the SELLER shall send a request for confirmation of the change. The request for a confirmation is sent by the SELLER to the new Main Contact E-mail Address specified by the USER.

(3) The change of the Main Contact E-mail Address is made after the confirmation by the USER, expressed by a reference contained in the request for confirmation, sent by the SELLER to the new Main Contact E-mail Address indicated by the USER.


(4) The SELLER informs the USER about the change, by e-mail, sent to the Main Contact E-mail Address indicated by the USER before making the change under para. 2.


(5) The SELLER shall not be liable to the USER for illegal change of the Main Contact E-mail Address.


(6) The SELLER may require the USER to use the Main Contact E-mail Address in specific cases.

 

V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT


Art. 9. (1) The USERS mainly use the interface on the web page of the SELLER to conclude contracts for purchase and sale of the products offered by the SELLER in the ONLINE STORE.


(2) The contract shall be concluded in Bulgarian.


(3) SELLER contract and the USER represent the present Terms of Use, available on the online website.


(4) The USER is a party of the contract according to the data provided during the registration and stored in their personal profile. For the avoidance of doubt, these are the data with which an account has been created on the SELLER's website.

 

5) The SELLER shall include in the interface of their website, technical means for establishing and correcting errors in entering information before the statement for concluding the contract is made.


(6) This contract is considered concluded from the moment of registration of the USER with the SELLER or the acceptance of the Terms of Use in another explicit way, including through a statement on the website of the SELLER. The contract for purchase and sale of products is considered concluded from the moment of its application by the USER through the interface of the SELLER.

 

Art. 10. (1) The USERS conclude the contract for purchase and sale with the SELLER according to the following procedure:
Performing registration in the ONLINE STORE and providing the necessary data, if the USER has not yet registered in the ONLINE STORE or by ordering goods without registration;


Entering the system for placing orders in the  by identifying ONLINE STORE with a name and password and another way of identification;


Selecting one or more of the offered products on the online store and adding them to the list of products for purchase;


Providing delivery data;

 

Choice of method and time for payment of the price;


Order confirmation;


(2) USERS may enter into a contract of sale with the SELLER without registration, using the relevant functionality in the ONLINE STORE interface.

 

VI. SPECIAL OBLIGATIONS OF THE SELLER. CONSUMER PROTECTION


Art. 11. The rules of the current section VI of these General Terms and Conditions apply to USERS for whom, according to the data specified for the conclusion of the contract of sale or registration in the online store, can be concluded that they are USERS within the meaning of the Act of Consumer Protection, the Electronic Commerce Act and/or Directive 2011/83 / EC of the European Parliament and of the Council of 25 October 2011.

 

Art. 12. (1) The main characteristics of the products offered by the SELLER are described on the product page of each item in the online store.


(2) The price of the products including all taxes is determined by the SELLER in the profile of each product in the online store.


(3) The value of the postage and transport costs, not included in the price of the products, shall be determined by the SELLER and shall be provided as information to the USERS in one of the following moments before concluding the contract:

- on the profile of each of the products on the website of the SELLER of an ONLINE STORE;
 
- in selecting the products for concluding the contract of purchase or sale;
 
 
(4) The payment method, delivery and execution of the contract is defined in these Terms of Use as well as in the information provided to the USER on the SELLER's website.

(5) The information provided to USERS under this Article is up to date at the time of its display on the SELLER's website before the conclusion of the purchase agreement.

(6) The SELLER must specify the conditions for the delivery of the individual products on their website.

(7)The SELLER should indicate before the conclusion of the contract the total value of the contract for all the goods contained therein.

(8) USERS agree that all the information required by the Consumer Protection Act may be provided via the platform interface of an ONLINE STORE or email.
 
Art. 14. 1. The USER shall be entitled, without due compensation or penalty and without stating a reason, to withdraw from the contract within 14 days of the date of acceptance of the product through the uniform withdrawal form available on the SELLER's website. Information about the execution of the right of withdrawal is available on the SELLER's website. USERS may also use another unambiguous statement that may be recorded in a durable medium.

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

1. for the delivery of customised products ordered by the USERS  or according to specific requirements;
2. for the delivery of products which by their nature are likely to deteriorate or have a short shelf-life;
3. for the delivery of sealed goods that are unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
4. for the delivery of goods which, having been delivered and by their nature, have been mixed with other products which cannot be separated;
5. for the supply of sealed sound or video recordings or sealed computer software printed after delivery;
6. for the supply of newspapers, periodicals or magazines, except subscription contracts for the supply of such publications.
 

(3) When the SELLER has failed to fulfil his obligations to provide information laid down in the Consumer Protection Act, the USER has the right to withdraw from the contract within one year and 14 days from the date of receipt of the product. When the information is made available to the USER within the withdrawal period, it shall run from the date on which it is provided. The USER shall have the right to make the statement of withdrawal under this Article directly to the Seller through the single withdrawal form available on their website.


(4) Where the USER has exercised his right of withdrawal of the contract, the SELLER shall reimburse any sums received from the USER, including the cost of delivery, without undue delay and no later than 14 days from the date on which he was informed of the USER's decision to withdraw from the contract. The SELLER shall reimburse the amounts received using the same payment method as the Consumer used in the initial transaction unless the Consumer has expressly agreed to use another payment method and provided that this is not related to costs for the USER.
(5) In exercising the right of withdrawal, the cost of returning the delivered product should be borne by the USER and the cost paid by the USER in the contract should be deducted from the costs of returning the product. The SELLER shall not be obliged to reimburse the additional costs of delivery of the products where the USER has expressly chosen a means of delivery other than the cheapest type of standard shipping offered by the SELLER.


(6) The USER shall be obliged to keep the received products by the SELLER and to ensure that they are kept as good and safe as possible during the period referred to in paragraph 2. 1.


(7) The USER may exercise his right to withdraw from the contract with the SELLER by making a written statement to the SELLER through the standard withdrawal form, available on the ONLINE STORE website.


(8) Where the SELLER has not offered to collect the products themselves, they may retain payment of the sums to the USER until they have received the products or until the USER has provided proof that they have sent the products back, whichever is the earlier.

Art. 15. (1) The delivery period of the product and the starting point at which it runs is fixed for each product individually when the contract is concluded with the USER on the SELLER's website unless the products are ordered in a single delivery.
(2) Where the USER and the SELLER have not set a delivery period, the delivery period of the goods shall be 30 working days from the date following the date on which the USER's order is sent to the SELLER via the online store website.
(3) If the SELLER cannot perform the contract because they do not have the products ordered, they are obliged to inform the USER accordingly and to recover the amounts they have paid.

Art. 16. (1) The SELLER shall transmit the products after verification of compliance with the requirements for the provision of information to the USER under the Consumer Protection Act.
2. The USER and the SELLER shall certify the circumstances referred to in paragraph 1 in writing at the time of delivery by hand-written signature unless otherwise agreed.
(3) The USER and the SELLER agree that the requirements set out in paragraph 1 shall be complied with if the certification is carried out by a person who, under the circumstances, can be inferred that they will pass the information on to the USER party to the contract.

 

VII. OTHER CONDITIONS
Art. 17. The SELLER shall deliver the products to the USER within the time limit laid down when the contract is concluded.

 

Art. 18. The USER must examine the product at the time of delivery and delivery by the SELLER and if it does not meet the requirements to notify the SELLER without delay.

 

VIII. DATA PROTECTION NOTICE


Art. 19. (1) The SELLER shall take measures to protect the USER's data under the Personal Data Protection Act.
(2) For reasons of security of user personal data, the SELLER will send the data only to an email address that has been indicated by the USERS at the time of registration.
(3) The SELLER accepts and announces on their website a Privacy Policy.
(4) USERs agree that the SELLER has the right to process the necessary data for the fulfilment of the orders in the ONLINE STORE and the execution of the contract.

Art. 20. (1) At any time, the SELLER may require the USER to legitimize and verify the authenticity of each of the circumstances and personal data declared during the registration.
(2) In case the USER has forgotten or lost their name and password for any reason, the SELLER has the right to apply the notified procedure for lost or forgotten names and passwords.

 

IX. MODIFICATION AND ACCESS TO THE TERMS OF USE

Art. 21. (1) These Terms of Use may be amended by the SELLER, who shall inform all USERS who have registered in an appropriate manner about the latter.

(2) The SELLER and the USER agree that any addition or modification of these Terms of Use will have effect vis - à - vis the USER, after being explicitly notified by the SELLER and if the USER does not state within the 30 - day time limit that they reject them.

(3) The USER agrees that any statement by the SELLER concerning the amendment of these Terms of Use will be sent to the email address of the USER at the time of registration. The USER agrees that the emails sent under this Article do not need be signed by electronic signature to act on it.

Art. 22. The SELLER shall publish these Terms of Use on their website, together with any additions and amendments thereto.

 

X. TERMINATION

Art. 23. The current Terms of Use and the contract between the USER with the SELLER shall be terminated in the following cases:

in the event of termination and winding-up or bankruptcy of one of the parties to the contract;

by mutual agreement of the Parties in writing;

unilateral notice by either Party in the event of failure to fulfil the other Party's obligations;

in the event of objectively impossible for a Contracting Party to perform its obligations;

the seizure or sealing of the equipment by public authorities;

in case of cancellation of the USER registration on the ONLINE STORE. In such a case, the sale/purchase contracts concluded but not executed shall remain valid and enforceable;

in the case of the exercise of a right of withdrawal under Article 55, para. 1 of the Consumer Protection Act. In that case, only the supply contract of the relevant order commodity shall be terminated if the right of withdrawal applies to the relevant category of products.

 

XI. OTHER CONDITIONS


Art. 24. Any invalidity of any of the provisions of these Terms of Use shall not render the whole contract null and void.

Art. 25. Issues not covered by this Contract relating to the implementation and interpretation of this Contract shall be governed by the laws of the Republic of Bulgaria.

Art. 26. Any disputes between the parties to this Contract will be settled by the competent court or consumer protection committee.