GENERAL TERMS AND CONDITIONS
FOR THE USE OF "VENTONI COSMETICS"
These GENERAL TERMS AND CONDITIONS govern the relationship between "VENTONI COSMETICS" Ltd., hereinafter referred to as "VENTONI COSMETICS", on the one hand, and the Users of the website and services available under the domain www.ventoni.com (hereinafter referred to as Users), on the other hand.
"VENTONI COSMETICS" Ltd. is a company registered under the Commerce Act of the Republic of Bulgaria with UIC 120043896, with registered office and management address: 3 Osvobozhdenie St., 4960 Rudozem, Bulgaria, email address: shop@ventoni.com, telephone: +359 700 10 334.
"VENTONI COSMETICS" Ltd. is registered as a personal data controller and holds Personal Data Controller Certificate No. 30597 dated 14 May 2018.
Please read these General Terms and Conditions in full before using the information and commercial services offered through the "VENTONI COSMETICS" website (hereinafter referred to as the Services). By accessing www.ventoni.com, each User automatically agrees to comply with the terms and conditions set out below.
This document contains information about the activities of "VENTONI COSMETICS" and the general terms and conditions governing the use of the services provided by "VENTONI COSMETICS", regulating the relationship between us and each individual User.
SERVICES PROVIDED
Art. 1 The services provided by "VENTONI COSMETICS" to the User constitute information society services within the meaning of the Bulgarian Electronic Commerce Act.
Art. 2 "VENTONI COSMETICS" is an online store accessible at www.ventoni.com, through which Users may enter into contracts for the purchase and delivery of goods offered by "VENTONI COSMETICS".
IDENTIFICATION AND REGISTRATION
Art. 3 (1) "VENTONI COSMETICS" identifies Users of the website by storing log files on the "VENTONI COSMETICS" website server and the User's IP address.
(2) "VENTONI COSMETICS" has the right to collect and use information concerning Users following registration and/or a purchase made without registration. Information through which a person may be identified may include first name, surname, date of birth, gender, address, telephone number, as well as any other information voluntarily provided by the person during registration or when making a purchase with or without registration. The information also includes any other data entered, used or provided by the User when using the Services provided by "VENTONI COSMETICS".
Art. 4 (1) "VENTONI COSMETICS" shall exercise due care and shall be responsible for protecting User information obtained in connection with the electronic commerce activities covered by these General Terms and Conditions, except in cases of force majeure, accidental events or malicious actions by third parties.
(2) In the registration form completed by the User, "VENTONI COSMETICS" indicates whether the provision of particular data is mandatory or voluntary and the consequences of refusing to provide such data. By agreeing to these General Terms and Conditions, the User agrees that their information may be processed in accordance with the procedure set out herein.
(3) The restrictions under paragraph 1 shall not apply where "VENTONI COSMETICS" is legally required to provide the User's personal information to the competent state authorities in accordance with applicable law.
Art. 5 (1) "VENTONI COSMETICS" collects and processes personal data for the purposes of this agreement and for direct marketing to Users in strict compliance with the Personal Data Privacy Policy.
Art. 6 (1) The User may register by completing the relevant electronic registration form available online in real time on the website of "VENTONI COSMETICS" Ltd., agreeing to these General Terms and Conditions and declaring that they have legal capacity.
(2) By clicking the virtual "Registration" button, which has the effect of written confirmation of the General Terms and Conditions, the User makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that they are familiar with these General Terms and Conditions, accept them and undertake to comply with them. Once recorded on the relevant medium on the server of "VENTONI COSMETICS" using a generally accepted technical conversion standard that allows its reproduction, the electronic statement acquires the status of an electronic document within the meaning of the cited law. "VENTONI COSMETICS" may store the User's IP address in log files on its server, together with any other information necessary for identifying the User and reproducing their electronic statement accepting the General Terms and Conditions in the event of a legal dispute. The text of these General Terms and Conditions is available online on the "VENTONI COSMETICS" website in a manner that allows it to be stored and reproduced.
(3) When completing the registration application, the User is obliged to provide complete and accurate information regarding their identity (for natural persons), legal status (for legal entities), and any other information required by the electronic form of "VENTONI COSMETICS", and to update such information within 7 (seven) days of any change. The User declares that they agree to provide the required personal data and guarantees that the information provided during registration is true, complete and accurate, and that they will update it promptly if it changes. In the event that incorrect information is provided, "VENTONI COSMETICS" has the right to terminate or suspend the provision of services and the maintenance of the User's registration immediately and without notice.
Art. 7 (1) Upon registration, the User receives a unique username and password for access to the services available through the "VENTONI COSMETICS" website.
(2) The username with which the User registers does not grant any rights other than the right to use that particular username within the "VENTONI COSMETICS" online store.
(3) A person registering as a representative of a legal entity must enter their full name and address and, respectively, the name of the legal entity they represent. By accepting the General Terms and Conditions, they guarantee and confirm that they have a contractual relationship with the "VENTONI COSMETICS" User registered by them. If incorrect or misleading information is entered, that party shall lose the right to access the services provided through the "VENTONI COSMETICS" website.
(4) The User is obliged to exercise all reasonable care and take all necessary measures to protect their password, not disclose it to third parties, and immediately notify "VENTONI COSMETICS" in the event of unauthorised access or a likelihood or suspicion thereof. The User bears the responsibility and risk for safeguarding their password and for all actions carried out by them or by a third party using their password.
Art. 8 (1) The User has the right to online access to the services provided through the "VENTONI COSMETICS" website, subject to compliance with the access terms and requirements determined by "VENTONI COSMETICS". To use the services, the User must enter their username and password.
(2) The User has the right to access and correct online the personal data provided during registration.
ORDERS
Art. 9 (1) Users use the interface of the "VENTONI COSMETICS" website to conclude contracts for the purchase and sale of goods offered by "VENTONI COSMETICS" in the online store.
(2) The contract for the purchase and sale of goods shall be deemed concluded from the moment the order is confirmed by "VENTONI COSMETICS".
(3) If a particular product is unavailable, "VENTONI COSMETICS" reserves the right to refuse the order.
Art. 10 (1) In order to place an order, the User must register or identify themselves in accordance with the procedure and conditions described in these General Terms and Conditions and log in to the system using their username and password.
(2) After selecting one or more products offered on the "VENTONI COSMETICS" website, the User must add them to their list of products for purchase ("basket", "cart").
(3) The User must provide delivery details and select the method and time of payment, after which they must confirm the order through the online store interface.
(4) When an order is placed, the User receives an email confirmation that the order has been accepted.
PRICES
Art. 11 (1) The prices of products offered in the online store are those displayed on the "VENTONI COSMETICS" website at the time the order is placed, except in cases of obvious error.
(2) Product prices are stated in the currency indicated on the "VENTONI COSMETICS" website and include VAT where applicable. Products shall be invoiced exclusively in the currency stated on the "VENTONI COSMETICS" website.
(3) Invoices are issued only in the name of the person who placed the order.
Art. 12 "VENTONI COSMETICS" reserves the right to change the prices of products offered in the online store at any time and without prior notice, provided that such changes shall not affect orders already placed.
Art. 13 (1) "VENTONI COSMETICS" may offer discounts on products available in the online store in accordance with Bulgarian legislation and rules determined by "VENTONI COSMETICS". The rules applicable to such discounts shall be available where the discount is displayed. Discounts may be offered in different forms (e.g. promotions, loyalty discounts provided individually, randomly, or as a result of participation in a competition or customer survey).
(2) Different types of discounts cannot be combined when ordering and purchasing the same product.
PAYMENT
Art. 14 When the User returns a product and is entitled to a refund for any reason, the amount to be refunded shall be reduced by the value of any discount applied to the product, and only the amount actually paid shall be refundable.
Art. 15 (1) The User may pay the price of the ordered goods using one of the payment options listed on the website. On www.ventoni.com, payment may be made by cash on delivery, bank transfer, credit card or debit card.
(2) If the User selects courier delivery and cash on delivery, they must pay the price of the ordered items together with the courier delivery charge upon receipt of the goods.
Art. 16 If the User selects a payment method involving a third-party payment service provider, the User may also be bound by the terms, conditions and/or fees of that third party.
Art. 17 "VENTONI COSMETICS" shall not be liable if a payment method involving a third-party payment service provider is unavailable or otherwise fails to function for reasons that cannot be attributed to "VENTONI COSMETICS".
DELIVERY
Art. 18 (1) Delivery of ordered goods shall be carried out by courier to an office or delivery address specified by the User within the territory of the Republic of Bulgaria. Delivery shall be at the User's expense unless otherwise expressly stated on www.ventoni.com.
(2) Before dispatching the ordered goods, "VENTONI COSMETICS" has the right to contact the User using the telephone number provided in order to clarify details concerning the order and/or delivery.
(3) In the event that a product is lost during delivery, the User has the right to receive a replacement product or an appropriate refund of the price.
(4) "VENTONI COSMETICS" shall not be liable for failure to fulfil an order where the User has provided incorrect, incomplete and/or inaccurate personal data, including an incomplete, incorrect or fictitious address or telephone number.
(5) Where advance payment has been agreed, the order shall be dispatched within 3–5 days [here you should determine a reasonable period] after receipt of payment. If the User wishes the order to arrive before a particular date, they must submit an enquiry as to whether this is possible.
Art. 19 Delivery shall be carried out within the timeframes described under each delivery option in the ordering interface. In exceptional circumstances, "VENTONI COSMETICS" reserves the right to extend the delivery period, provided that the User is informed in a timely manner.
Art. 20 (1) Ordered goods shall be delivered against signature, with larger shipments (at the courier's discretion) being delivered to the entrance of the building.
(2) The User is obliged to inspect the goods at the time of delivery and immediately report any discrepancies, missing items or damage. If the User fails to do so, the delivery shall be deemed accepted without objection.
Art. 21 (1) Where personal delivery to the addressee is impossible or difficult, shipments shall be delivered as follows:
a) for a business address – to a person working at that address, with the name of the person who received the shipment recorded;
b) for a residential address – to a member of the household, with the name of the person who received the shipment recorded.
(2) If delivery cannot be completed for reasons not attributable to "VENTONI COSMETICS" or the courier, the person carrying out the delivery shall call the telephone number provided by the User in order to specify the courier office from which the User may collect the shipment.
(3) If contact with the User cannot be established, the distance sales contract shall automatically be terminated and "VENTONI COSMETICS" shall be released from its obligation to deliver the ordered goods.
Art. 22 (1) For international deliveries, the delivery and receipt rules of the relevant national postal service shall apply, together with the national legislation of the country in which the recipient of the goods is located.
(2) All import charges relating to the importation of the goods shall be borne by the User. The User may not request a refund of the price if they refuse to pay the import charges or refuse to accept the shipment.
Art. 23 "VENTONI COSMETICS" reserves the right to change the available delivery and payment methods and/or their conditions at any time by publishing the available delivery and payment methods on the website without further notice.
WITHDRAWAL FROM THE CONTRACT AND REPLACEMENT
Art. 24 (1) The User has the right to withdraw from the contract without stating a reason and without owing compensation or a penalty within 14 days from the date on which the goods are received by the User or a third party.
(2) To exercise the right under this clause, the User must clearly notify "VENTONI COSMETICS" of their decision to withdraw from the contract and identify the goods they wish to return by providing all information relating to the order and delivery, including but not limited to: the contents and value of the order, details of the person who placed the order, details of the person who received the delivery, and the delivery date.
(3) "VENTONI COSMETICS" publishes a form on its website for exercising the right of withdrawal from the contract.
(4) To exercise the right of withdrawal, "VENTONI COSMETICS" gives the User the option to complete and submit electronically through the website either the standard withdrawal form or another unequivocal statement. In such cases, "VENTONI COSMETICS" shall immediately send the User confirmation of receipt of the withdrawal on a durable medium.
(5) The User is obliged to return the goods at their own expense, together with the receipt and invoice, if any, by delivering them to "VENTONI COSMETICS" or a person authorised by it within 14 days from the date on which the User exercised the right of withdrawal.
(6) "VENTONI COSMETICS" has the right to withhold the refund until the goods have been received back or until evidence is provided that the goods have been returned, whichever occurs first.
(7) If the User fails to fulfil their obligation under paragraph 5 without notifying "VENTONI COSMETICS" of the delay and without providing a valid reason for it, the User shall be deemed to have withdrawn their statement exercising the right of withdrawal from the contract.
Art. 25 (1) The User shall not have the right to withdraw from the contract where its subject matter consists of: products made according to individual specifications or clearly personalised; products liable to deteriorate or expire rapidly; products that cannot be returned for reasons related to health protection or hygiene and which have been unsealed after delivery.
(2) If, upon receipt of returned goods, it is established that their original factory packaging has been opened (where the products cannot be returned for reasons related to health protection or hygiene) or that the goods have been used or otherwise consumed, "VENTONI COSMETICS" shall have no obligation to refund the price paid by the User.
Art. 26 "VENTONI COSMETICS" shall refund the User the price paid for the returned goods.
COMPLAINTS
Art. 27 (1) The User has the right to submit a complaint in respect of any non-conformity of the goods with the agreed/ordered goods discovered after delivery.
(2) The User has the right to submit a complaint regarding the goods regardless of whether the manufacturer or trader has provided a commercial guarantee for the goods or service.
(3) Where the complaint is resolved by replacing the goods with other goods conforming to the contract, "VENTONI COSMETICS" shall retain the original guarantee conditions for the User.
(4) When submitting a complaint regarding goods, the User may request a refund of the amount paid, replacement of the goods with goods conforming to the contract, or a reduction in the price.
(5) A complaint may be submitted verbally by calling the telephone number provided by "VENTONI COSMETICS" or in writing via the specified email address, by post or at the company's address. "VENTONI COSMETICS" provides access to a complaint form on its website.
(6) When submitting a complaint, the User shall specify the subject of the complaint, their preferred method of resolving it, the amount claimed where applicable, and an address, telephone number and email address for contact.
When submitting a complaint, the User must also attach the documents on which the claim is based, namely:
receipt or invoice;
reports, statements or other documents establishing the non-conformity of the goods or service with the agreement;
other documents establishing the grounds and amount of the claim.
(7) A complaint regarding consumer goods may be submitted within two years from delivery of the goods, but no later than two months after discovering the non-conformity with the agreement, as well as after expiry of the shelf-life period.
(8) The period shall be suspended for the time required to reach an agreement between the seller and the User concerning resolution of the dispute.
(9) If "VENTONI COSMETICS" has provided a commercial guarantee for the goods and the guarantee period is longer than the periods for submitting complaints under paragraph 1, a complaint may be submitted until expiry of the commercial guarantee period.
(10) Submission of a complaint does not prevent the User from bringing a legal claim.
(11) "VENTONI COSMETICS" maintains a register of submitted complaints. A document is sent to the User at the email address provided, specifying the complaint number in the register and the type of goods concerned.
(12) When "VENTONI COSMETICS" satisfies a complaint, it shall issue a written record thereof in two copies and provide one copy to the User.
GUARANTEES
Art. 28 Users benefit from the guarantee periods provided for under the Consumer Protection Act.
UNILATERAL TERMINATION
Art. 29 "VENTONI COSMETICS" has the right, at its discretion and without prior notice, to terminate the contract unilaterally if it establishes that the services provided are being used in violation of these General Terms and Conditions, the legislation of the Republic of Bulgaria or generally accepted moral standards.
INTELLECTUAL PROPERTY
Art. 30 (1) The intellectual property rights in all materials and resources available on the "VENTONI COSMETICS" website (including the available databases) are protected under the Copyright and Related Rights Act and belong to "VENTONI COSMETICS" or to the respective person indicated as having granted "VENTONI COSMETICS" the right of use, and may not be used in violation of applicable law.
(2) The User's right of access does not include the right to use, copy or reproduce information protected by intellectual property rights, except where such information is insignificant in volume and intended for personal use, provided that the legitimate interests of the authors or other intellectual property rights holders are not unjustifiably prejudiced and provided that the copying or reproduction is carried out for non-commercial purposes.
(3) In the event of copying or reproduction of information outside the permitted scope under the preceding paragraph, or any other infringement of intellectual property rights relating to "VENTONI COSMETICS" resources, "VENTONI COSMETICS" has the right to claim full compensation for direct and indirect damages suffered.
(4) When using the access provided to the services offered by "VENTONI COSMETICS", the User undertakes to: comply with Bulgarian legislation, these General Terms and Conditions, Internet etiquette, rules of morality and good conduct; not damage the reputation of others and not incite crime, violence against individuals or racial, national, ethnic or religious hostility; not promote fascist or other anti-democratic ideology; not infringe the property or non-property rights of others, including intellectual property rights; immediately notify "VENTONI COSMETICS" of any committed or discovered violation; not interfere with the proper functioning of the system, including but not limited to preventing the identification procedure of another User, accessing areas beyond the access granted, impairing or obstructing the availability, reliability or quality of the access provided, or using it in a manner that causes denial of service; not extract, by technical means or technical methods, information resources or parts thereof belonging to the databases located on the "VENTONI COSMETICS" website and thereby create their own database in electronic or other form; not impersonate another person or otherwise mislead third parties regarding their identity or affiliation with a particular group of people; and not perform malicious acts within the meaning of these General Terms and Conditions.
(5) Except where expressly agreed otherwise, the User may not reproduce, modify, delete, publish, distribute or otherwise disclose information resources published on the "VENTONI COSMETICS" website.
Art. 31 (1) "VENTONI COSMETICS" undertakes to exercise due care in ensuring that the User has normal access to the services provided.
(2) "VENTONI COSMETICS" has the right to deactivate or delete the username and password providing access to the User's account if the User infringes an intellectual property right of "VENTONI COSMETICS" relating to elements contained on its website that are subject to intellectual property protection.
(3) "VENTONI COSMETICS" reserves the right to suspend access to the services provided after giving notice in the User's account. "VENTONI COSMETICS" has the right, but not the obligation, at its discretion to delete information resources and materials published on its website.
TERMINATION AND CANCELLATION OF THE CONTRACT
Art. 32 (1) In addition to the cases provided for in these General Terms and Conditions, the contract between the parties shall also terminate upon cessation of the activities of "VENTONI COSMETICS" or discontinuation of maintenance of its website.
(2) The User has the right at any time, at their own discretion, to stop using the services provided by "VENTONI COSMETICS".
(3) Upon termination of the contract, "VENTONI COSMETICS" shall deactivate the User's account and delete the password providing access to it.
Art. 33 Apart from the cases specified above, either party may terminate this contract by giving one week's notice to the other party in the event of failure to fulfil contractual obligations.
Art. 34 The requirement for written form shall be deemed fulfilled by sending an email, clicking an electronic button on a page containing content completed or selected by the User, provided that the statement is technically recorded in a manner allowing it to be reproduced.
REGULATORY AUTHORITIES
Art. 35 The authorities regulating the activities of "VENTONI COSMETICS" are the Consumer Protection Commission and the Commission for Personal Data Protection.
SPECIAL CLAUSE
Art. 36 The parties declare that if any clause or clauses of these General Terms and Conditions are found to be invalid, this shall not render the entire contract or any other part thereof invalid. The invalid clause shall be replaced by the mandatory provisions of law or established practice.
AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
Art. 37 (1) "VENTONI COSMETICS" undertakes to notify Users of any amendment to these General Terms and Conditions within 7 days of the occurrence of the relevant circumstance, using the email address provided by the User.
(2) If the User does not agree with amendments to the General Terms and Conditions, the User has the right to withdraw from the contract without stating a reason and without owing compensation or a penalty. To exercise this right, the User must notify "VENTONI COSMETICS" within one month of receiving the notification referred to in the preceding paragraph.
(3) If the User does not exercise their right to withdraw from the contract in accordance with the procedure set out in these General Terms and Conditions, the amendment shall be deemed accepted by the User without objection.
APPLICABLE LAW
Art. 38 All matters not regulated by these General Terms and Conditions shall be governed by the applicable legislation of the Republic of Bulgaria.
