Effective Date: 25-Sep-2024
Last Updated: 25-Sep-2024
These Terms and Conditions govern the relationship between “IDENTITY” Ltd., hereinafter referred to as the “Merchant,” on the one hand, and the users of the websites and services available at www.shapeyouridentity.com, hereinafter referred to as the “Users,” on the other hand.
“IDENTITY” Ltd. is a company registered under the Commerce Act of the Republic of Bulgaria with company registration number (UIC) 207263644, headquartered at 4 “Capt. Georgi Boev” St., Primorski district, Varna, Bulgaria, email address: shop@shapeyouridentity.com.
These Terms and Conditions must be read in full prior to using the informational and commercial services offered on the Website.
Subject
This document outlines the activities of “IDENTITY” Ltd. and the general terms and conditions for using the services provided by “IDENTITY” Ltd., governing the relationship between us and each of our Users.
Acceptance of these Terms and Conditions is a necessary and mandatory prerequisite for the conclusion of a contract between the User and the Merchant.
By accepting the Terms and Conditions, the User agrees to the processing of their personal data based on the contract concluded between them and the Merchant.
Definitions
For the purposes of these Terms and Conditions, the following terms shall have the meanings ascribed to them below:
Website – The website www.shapeyouridentity.com, including all related subpages and content.
User – A natural person who acquires goods not intended for commercial or professional purposes, as well as any natural person who, as a party to a contract under this law, acts outside the scope of their commercial or professional activity.
Terms and Conditions – These Terms and Conditions, which include usage terms, cookie policies, registration and delivery rules, voluntary dispute resolution procedures, withdrawal and replacement forms, and any other legally significant information available on the Website.
Personal Data – Information about a natural person that reveals their physical, psychological, mental, familial, economic, cultural, or social identity.
Goods – Tangible movable items, excluding items sold through enforced execution or other measures by authorized legal bodies, as well as items abandoned or confiscated in favor of the state and declared for sale by state authorities.
Sales Contract – A contract under which the Merchant transfers or undertakes to transfer ownership of goods to the User, and the User pays or undertakes to pay the price for them.
Alternative Dispute Resolution Procedure – An out-of-court procedure for resolving consumer disputes that meets the requirements of this law and is conducted by a body for alternative consumer dispute resolution.
Services Provided
1. On the Website, Users can enter into sales and delivery contracts for the goods offered by the Merchant.
1.1. The goods offered by the Merchant via the Website are intended for natural persons and/or legal entities.
Order
2. Users utilize the Website interface to enter into contracts with the Merchant for the purchase and delivery of the offered goods within the territory of the Republic of Bulgaria.
2.1. A sales contract for goods is considered concluded at the moment the order is confirmed by the Merchant.
2.2. In the event of a lack of availability of a specific item or the inability to provide a particular service, the Merchant reserves the right to decline the order.
2.3. After selecting one or more items offered on the Merchant’s Website, the User must add them to their shopping list.
2.4. The User must provide the necessary information for delivery, choose a payment method and timing, and confirm the order via the Website interface.
2.5. Upon placing an order, the User will receive an email confirmation that their order has been accepted.
3. The Merchant reserves the right to refuse to enter into a contract with a non-compliant User.
3.1. The Merchant may consider a User non-compliant in the following cases:
1. Non-compliance by the User with these Terms and Conditions;
2. Display of inappropriate, arrogant, or rude behavior towards representatives of the Merchant;
3. Evidence of systematic abuse by the User towards the Merchant.
Subcontractors
4. The User agrees that when ordering goods from the Merchant’s Website, the Merchant may assign the execution of the contract to a third party, which will deliver the ordered goods to the User. The use of a subcontractor does not require the User’s consent.
4.1. Subcontractors engaged by the Merchant are not parties to the contract between the Merchant and the User.
Prices
5. The prices of the goods offered are those indicated on the Merchant’s Website at the time of placing the order, except in cases of obvious error.
5.1. The prices of the goods include VAT where applicable.
5.2. The Merchant reserves the right to change the prices of the goods offered on the Website at any time and without prior notice. Such changes will not affect orders that have already been placed.
6. The Merchant may offer discounts on goods listed on the Website in accordance with Bulgarian legislation and rules established by the Merchant. The rules applicable to such discounts are available where the discount is displayed. Discounts may take various forms (e.g., promotions, loyalty discounts, individual offers, random selection, or as a result of participation in a contest or customer survey).
6.1. Different types of discounts cannot be combined for the purchase of the same item.
7. When the User returns goods and is entitled to a refund for any reason, the refunded price will be reduced by the value of the discount applied to the item, and only the amount actually paid will be reimbursed.
Payment
8. The User may pay for the ordered goods using the following methods:
• Cash on Delivery or Postal Money Transfer, in accordance with the terms and conditions of the respective third party providing the payment service.
• Bank or Payment Card, in accordance with the general terms and conditions of the respective payment operator whose services are utilized by the Merchant.
9. The Merchant reserves the right to introduce additional payment methods on the Website, including through the services of third-party payment operators, as well as cash payments at a physical store after placing an order.
10. If the User chooses a payment method involving a third-party payment service provider, the User may be subject to the terms, conditions, and/or fees of that third party, including fees associated with the payment transaction.
11. The User should be explicitly informed that the use of “Cash on Delivery” and “Postal Money Transfer” services provided by courier and payment service providers involves additional fees according to the tariff of the respective providers. These fees may not be reflected in the Website’s interface at the time of placing an order, as they are not included in the delivery price of the goods but constitute a fee payable for the corresponding payment services.
Contract Cancellation and Replacement
12. The User has the right to withdraw from the contract without providing a reason, without owing compensation or penalties, within 14 days from the date the goods are received by the User or a third party.
12.1. The User does not have the right to withdraw from the contract if the subject of the contract is goods for which such an exception is explicitly provided under the Consumer Protection Act, including goods whose price depends on fluctuations in the financial market or sealed goods that cannot be returned after being unsealed due to hygiene or health protection reasons.
13. To exercise the right under this clause, the User must unequivocally notify the Merchant of their decision to withdraw from the contract, specifying the goods they wish to return and providing all necessary details of the order and delivery, including, but not limited to, the content and value of the order, the details of the person who placed the order, the details of the recipient, and the delivery date.
14. The Merchant publishes a form for exercising the right of withdrawal on the Website.
15. To exercise the right of withdrawal, the Merchant provides the User with the option to complete and submit the standard withdrawal form or another unequivocal statement electronically through the Website. In such cases, the Merchant promptly sends the User confirmation of receipt of the withdrawal on a durable medium.
16. Unless otherwise agreed, the User must return the goods at their own expense, along with the receipt and invoice, if applicable, by delivering them to the Merchant or an authorized representative within 14 days from the date the User exercised their right to withdraw from the contract.
17. The returned goods must be in their original packaging, with no signs of use or damage to their commercial appearance.
18. The Merchant reserves the right to delay reimbursement until the goods are returned or proof of their shipment is provided, whichever occurs first.
19. If the User fails to return the goods without notifying the Merchant of the delay or providing a valid reason, it is deemed that they have revoked their withdrawal from the contract.
20. If the Merchant has incurred expenses related to the contract’s execution and the User withdraws from the contract, the Merchant is entitled to retain the corresponding amount for the incurred expenses or demand their payment.
21. The Merchant will refund the User the amount paid for the returned goods.
22. If the User has made a payment under the contract using a bank card and has exercised their right to withdraw from the contract, the refund will be processed via a reverse transaction to the card used for the payment within 7 business days.
Warranties and Claims
23. The User has the right to make a claim for any non-conformity of the goods with the agreed/ordered conditions if discrepancies with the sales contract are discovered after delivery.
24. The Merchant is not responsible for color differences resulting from natural variations in color reproduction across different monitor models.
25. The Merchant is not responsible for size discrepancies of up to 2 cm.
26. The Merchant is not responsible for the natural wear and tear of goods.
27. Any non-conformity of consumer goods with the sales contract that becomes apparent within six months of delivery is presumed to have existed at the time of delivery, unless proven otherwise based on the nature of the goods or the non-conformity.
28. The User cannot dispute the conformity of consumer goods with the sales contract if:
28.1. They knew or could not have been unaware of the non-conformity when the contract was concluded.
28.2. The non-conformity is due to materials provided by the User.
29. The User has the right to make a claim for goods regardless of whether the manufacturer or the Merchant has provided a commercial warranty.
30. If a claim is resolved by replacing the goods with others that conform to the agreement, the Merchant retains the original warranty terms for the User.
31. When submitting a claim, the User can request:
• A refund of the paid amount.
• Replacement of the goods with others that conform to the agreement.
• A price reduction.
32. Claims must be submitted in writing to the email address or physical address provided by the company. The Merchant offers access to a claim form on the Website.
33. The User must specify the subject of the claim, their preferred method of resolution, the amount claimed (if applicable), and provide their contact details (address, phone number, and email).
34. The User must also submit the following documents to support their claim:
• A receipt or invoice.
• Protocols, acts, or other documents confirming the non-conformity of the goods.
• Any other documents supporting the claim in terms of basis and amount.
35. Claims for consumer goods can be made within two years from the date of delivery but no later than two months after discovering the non-conformity.
36. This period is paused during negotiations between the seller and the User to resolve the dispute.
37. If the Merchant has provided a commercial warranty and its term exceeds the claim period under paragraph 1, claims can be made until the end of the warranty period.
38. Filing a claim does not preclude the User from seeking legal recourse.
39. The Merchant maintains a register of all claims. A document with the claim number and details of the goods is sent to the User’s provided email address.
40. When the Merchant resolves a claim, a statement is issued in two copies, one of which is given to the User.
41. The Merchant must resolve legitimate claims by ensuring the goods conform to the sales contract within one month of the User filing the claim.
41.1. If the goods are not repaired within this period, the User has the right to terminate the contract and receive a refund or request a price reduction, as per Article 114 of the Consumer Protection Act.
41.2. Aligning consumer goods with the sales contract is free of charge for the User. They are not liable for costs related to shipping, materials, labor, or repair and should not face significant inconvenience.
42. In cases of non-conformity where the User is dissatisfied with the claim resolution, they can choose between:
• Termination of the contract and a refund.
• A price reduction.
43. The User cannot request a refund or price reduction if the Merchant agrees to replace or repair the goods within one month of the User filing the claim.
44. The Merchant must accept a request to terminate the contract and refund the User if, after resolving three claims through repairs on the same item during the warranty period, another non-conformity occurs.
45. The User cannot terminate the contract if the non-conformity of the goods with the sales contract is minor.
Intellectual Property
46. The intellectual property rights to all materials and resources on the Merchant’s website (including available databases) are protected under the Copyright and Related Rights Act. They belong to the Merchant or the respective party that has granted usage rights to the Merchant. These materials cannot be used in violation of applicable legislation.
47. In cases of copying or reproducing information beyond the permissible scope, or any other infringement of the Merchant’s intellectual property rights, the Merchant has the right to claim compensation for all direct and indirect damages incurred.
48. Unless explicitly agreed otherwise, the User may not reproduce, modify, delete, publish, distribute, or otherwise disseminate the informational resources published on the Merchant’s website.
49. The Merchant is committed to ensuring due care to provide the User with proper access to the services offered through the website.
50. The Merchant reserves the right to terminate access to the provided services. The Merchant also has the right, but not the obligation, to delete informational resources and materials published on its website at its discretion.
Termination and Cancellation of the Contract
51. The Merchant reserves the right, at its sole discretion and without prior notice, to unilaterally terminate the contract if it determines that the provided services are being used in violation of these General Terms, the laws of the Republic of Bulgaria, or generally accepted moral standards.
52. In addition to the cases outlined in these General Terms, the contract between the parties is terminated upon the cessation of the Merchant’s activities or discontinuation of its website maintenance.
53. Apart from the aforementioned cases, either party may terminate this contract with a one-week notice to the other party in the event of non-fulfillment of contractual obligations.
54. The written form of the contract is deemed fulfilled by sending a message via email, clicking an electronic button on a page with content filled in or selected by the User, checking a box (checkbox) on the website, or other similar actions, provided the statement is technically recorded in a way that allows reproduction.
Severability Clause
55. The parties declare that if any provision(s) of these General Terms is/are found to be invalid, this shall not render the entire contract or other parts thereof invalid. The invalid clause will be replaced by mandatory provisions of the law or established practice.
Amendment of the General Terms
56. The Merchant undertakes to notify the Users of any amendments to these General Terms within 7 days of such amendments being made, using the email address provided by the User.
57. If the User disagrees with the amendments to the General Terms, they have the right to terminate the contract without providing reasons and without owing compensation or penalties. To exercise this right, the User must notify the Merchant within one month of receiving the notification as per the previous clause.
58. If the User does not exercise their right to terminate the contract in accordance with these General Terms, it shall be deemed that the User has accepted the amendments without objections.
Applicable Law
59. All matters not regulated by these General Terms shall be governed by the applicable laws of the Republic of Bulgaria.