ON THE USE OF "bb60studio.com”
These General Conditions settle the relations between “Maribella B” SpLTD called herein after Maribella B on one hand and the Users of the internet pages and services available on the domain www.bb60studio.com , called hereinafter the Users, on other hand.
Maribella B SpLTD is a company, registered under the Commerce Act of the Republic of Bulgaria with UIC 201926394, having its seat and management address in the city of Sofia, p.c. 1404, Vitosha District, Housing Complex of Manastirski Livadi Iztok – complex Zhodi, app.building 11, ent. B, 4 Floor, app. 29, email address: firstname.lastname@example.org, phone: +359888436953
“Maribella B” Sp.Ltd is registered as a Personal Data Administrator and has a Certificate of a Personal Data Administrator №……………..
Please, read all clauses of the General Conditions before using the information and retail services offered by the website www.bb60studio.com called herein after the Services. By visualising www.bb60studio.com each User is automatically obliged to observe the conditions described below.
The present document contains information on the activity of Maribella B and the General Conditions on using the Services provided by Maribella B and settles the relations between us and each of registered users.
Confirming these General Conditions is necessary and obligatory condition for registration of each User and for concluding the agreement between the User and Maribella B. By clicking on the virtual button Registration you confirm you've been acquainted with the General Conditions and you are obliged to observe them.
Services provided by Maribella B to the User are defined as services of the information society under the Law of Electronic Commerce.
2. Maribella B is an electronic shop, accessible on the website www.bb60studio.com where the Users have the option to conclude purchase and sale agreements and shipment of the goods offered by Mirabella B.
IDENTIFICATION AND REGISTRATION
3. Maribella B identifies site Users by storing log files on the server of www.bb60studio.com and at IP address of the User.
(2) Maribella B shall have the right to collect and use information about the Users after being registered. Information by which the person shall be identified could include name, family name, date of birth, gender, address, phone number, as well as any other information that the person submits voluntary on registration. Information includes any other that the User fills in, uses or submits when using the Services provided by Maribella B.
4. Maribella B takes the due care and is in charge of protecting the information on the User that become known in registration –that is a subject of these General conditions, apart from the cases of force majeure, accidental occurrence or malicious action by a third party.
(2). In the registration form filled in by the User upon registration, Maribella B designates compulsory and voluntary fields of submitted data and consequences in case of refusal of their submission. By providing his consent with these General Conditions the User agree that the information submitted by him shall be used according stipulated procedure.
(3) Limitations under article 1 are not applicable in case that Mirabella B has to provide personal data about the Users to the respective competent state bodies under acting legislation.
5. Maribella B collects and uses information under art. 4 for the purposes provided by the present General Conditions as well as for offered new goods or/and services of the User (free of charge or against payment.) Specified purposes for using the information are not listed in full and do not establish any obligation for Mirabella B.
(2) By accepting the present General Conditions the User agrees with processing his personal data for the goals of the present agreement and direct marketing.
6. The User can register by filling in corresponding electronic registration form, available in real time (on-line) on the Internet at Maribella B website and provide his consent with the present General Conditions and declare his authorization.
(2) By pressing the virtual button Registration that has validity of a written consent of the General Conditions, the User performs an electronic statement under the Law of electronic document and electronic signature that declares that he is acquainted with the present General Conditions, accepts them and undertakes to comply with them. By recording on the corresponding carrier at the server Maribella B via common standard for conversion by technical means, that makes possible to be reproduced, the electronic statement has the value of an electronic document under the same law. Maribella B can store in log –files on its server IP address of the User as well any other information necessary for its identification and reproduction of its electronic statement in case of legal argument. The text of the present General Conditions is accessible on the Internet on the website of Maribella B in a way that uses its storage and reproduction.
(3) When filling in the registration form the User is obliged to submit full and correct data on the identity (on the identity of the individual), legal status (for entities) and other requisites of the electronic form of Maribella B data as well as updating them within 7 days of their change. The user declares that he agrees to submit required personal data and guarantees that the data submitted by him within the registration are correct, full and punctual and in case of change in circumstances he shall update them in a timely manner. In case of submitting false data, Maribella B shall have the right to terminate or discontinue service provided immediately and without a prior notice, as well as maintaining User registration.
7. (1) Upon its registration the User is given a unique user name and password for access to the services provided on Maribella B website.
(2) Username that the User registers does not provide any other rights, apart from the right to use a specific user name at Maribella B electronic shop.
(3) In the capacity of a legal entity, registering party is obliged to fill in his full name and address, respectively the title of the legal entity that represents. By accepting the General Conditions he provides a warranty and confirms that has contractual relations with the registered by him User Company. In case of providing incorrect or misleading information, the party is deprived of the access right at the Maribella B website services.
(4) The User is obliged to take all care and undertake necessary measures reasonably required for protecting the password, as well as not providing the password to third parties and shall immediately inform Maribella B in case of unauthorized access as well as in case there is a probability and doubt for such. He shall be responsible and the risk for protecting his password as well as all actions that are performed by him or a third party by using his password.
8. (1) The user has the access right in online mode to the services provided by Maribella B website in observing the conditions and requirements for access specified by Maribella B. The User shall fill in the user name and password for using the services.
(2) The User has access right and correction of its personal data provided on registration in on-line mode.
9. (1) The Users shall use Maribella B website interface for concluding sale-purchase agreement of the goods offered by Maribella B at the electronic shop.
(2) Purchase-sale agreement is deemed for concluded as of the moment the order has been placed by the User at Maribella B website.
10. For placing the order, the User shall make a registration or identify according to the procedure and the conditions described in the General Conditions as well as log in the system via identification with the user name and a password.
(2) After selecting one or more goods offered by Maribella B website, the User shall add the goods in the goods for purchase lists ("basket", "stroller").
(3) It’s necessary the User to submit information for executing the shipment and selects the method and time of payment of the price after confirming the order via electronic store website.
(4) When the order is executed, the User receives an e-mail confirmation that his order has been accepted.
11. (1) Prices of the products offered at the online store are those specified at Maribella B website at the time of placing the order apart from the cases of obvious mistake.
(2) The prices of goods are in the currency specified at Maribella B website and include VAT in cases when its calculation is required. The goods are invoiced only in the currency specified at Maribella B website.
(3) The invoices are issued to the person who placed the order.
12. Maribella B keeps the right to change the prices of the goods offered at the online store at any time and without a prior notice as such changes shall not affect already placed orders.
13. Maribella B could provide discounts on the products offered by the online store under the Bulgarian legislation and rules specified by Maribella B. The rules applicable for such discounts are available at the place where the discounts are visualised. Discounts could be offered in different way (e.g. promotions, loyalty discounts submitted individuality, at random or as a result of a participation in a completion or a customer survey).
(2) Different types of discounts could not be applied for the purchase of the same good.
14. When the User returns the good with the right to refund the money amount paid due any kind of reason, the price for refund is decreased by the discount amount received and applied on the product and only the actual amount paid is an object of refund.
15.(1) The user could pay the price of the ordered goods by selecting one of the options specified by the website. At www.bb60studio.com listed payment methods are cash on delivery, credit or debit card and PayPal.
(2) In case the User selects the option for cash on delivery with a shipment company he shall pay the price for ordered goods as well as delivery price of the shipment company when receiving the goods.
16. In case the User selects a method of payment that includes a third party provider of payment services, the User could be bound by the provisions and conditions and/or the fees of such third party.
17 Mirabella B shall not be responsible if a specific method of payment that includes a third party provider of a payment services is not available or not functioning due to reasons that could not be deemed as Mirabella B’s fault.
18. (1) The shipment of the ordered goods is performed by shipment company or by Bulgarian Posts to the shipment address or office specified by you. The shipment shall be on the account of the User apart from anything else has been explicitly indicated at www.bb60studio.com.
(2) Before sending ordered good, Mirabella B shall have the right to connect to the User on the phone number he provided for the sake of specifying order and/or shipment details.
(3) In case of a loss of the product during the shipment, the User has the right to be sent another good or respectively the right of refund of the price of a product.
(4) Mirabella B submits a tracking number to the User. Mirabella B is not responsible for non-execution of the order except of the cases when the User has specified incorrect, incomplete or incorrect personal data, including when he submitted incomplete, incorrect or fake address or phone number.
(5) We require 100% advance payment. The order is sent 3-5 days after the payment was confirmed. In case the user wants his order to arrive before specified date, he shall send an inquiry if that is possible.
19. His shipment is executed within the terms described under each option for shipment in the interface module of the order. In force majeure circumstances Maribella B keeps the right to extend the term for delivery as informs the User about it in a timely manner.
20. Ordered goods are delivered by providing a signature, as the larger parcels (under shipment company assessment) are delivered to the entrance of the building.
(2) The User shall check the good at the moment of delivery and inform the courier immediately in case he finds inconsistence, absence or damages. In case the User does not perform such action, it is accepted that the delivery is accepted with no objections.
21. (1) In case of impossibility or difficulties for handing over the simplest to the addressee, the shipment is handed over as follows:
a) for an office address- to a person having a place of work at the address - by specifying the name of the person who received the shipment.
b) for a home address –to a member of the household- by specifying the name of the person who received the shipment.
(2) In case of impossibility for handing over the shipment occurred through the fault of Mirabella B or the shipment company, the individual who performed the shipment is called on the contact telephone number provided by the User for being specified which office of the shipment company the User could receive the shipment.
(3) In case of impossibility the User to be contacted, the distance sale agreement is terminated automatically as Maribella B shall not have the obligation for shipment of the goods ordered.
22. (1) When international shipments are performed, it shell be applied the rules for shipping and receiving of shipments of the corresponding national post office where the receiver of the goods is situated.
(2) All import taxes at the good import are on the account of the User. The User is not allowed to require refund on the price of the goods in case he refuses to pay imported taxes or to receive the shipment.
23. Mirabella B shall have the right to amend available methods of delivery and payment or/and conditions on them at any time by publishing available methods of payments and shipment at the website without other notice.
REFUSAL OF THE AGREEMENT AND REPLACEMENT
24. (1) The User has the right to refuse the agreement without specifying the reason and shall not be obliged to pay compensation or a default within 14-day term as of the date the User or the third party accepts the goods.
(2) For exercising his right under the present article, the User shall notify Maribella B in written about his decision for termination of the agreement and specifies the goods he wants to return by submission of all information about executed order and delivery, including but not only: content and value of the order, information about the individual who place the order, data for the person who accepted delivery and shipment date.
(3) The User shall return the goods on his account compulsory along with the invoice as he hands them over Mirabella B or the individual authorised by the company within 14 days as of the date the User exercises his right to terminate the agreement.
(4) In case the User does not execute his obligation under the above article, without noticing Mirabella B on the delay and without submitting a serious reason about it, it's deemed that he withdraws his statement about exercising his right to refuse the contract.
25 (1) The User has no right to terminate the agreement in case that object of the same are: products made according to individual specific or obviously customised; products that could decrease their quality or products with a short expiry term; for newspapers, periodicals or magazines, including import or foreign language magazines; products that cannot be returned by the reasons related with a health protection or hygiene and that are unpacked after being shipped. packed sound and video recordings or packed computer software that were unpacked after delivery.
(2) In case when returned goods are obtained and it is being found that their factory packaging has been unpacked (when it is about the product that cannot be returned due to reasons related to health and hygiene protection and for packed audio and video recordings or packed computer software) as well as delivered good is used, washed or consumed in any other way, Maribella B shall not be obliged to refund to the User the price paid.
26. Maribella B shall refund the price of returned goods paid by him via reverse cash on delivery specified by the user within 14-day term as of delivery of returned goods.
27 In case that the User finds obvious discrepancy of the goods with sale agreement he shall have the full right to submit claim according provisions of Consumer Protection Law.
(2) Discrepancy is not considered as significant when it is due to different reproduction of the colours by different screen a models that is as a result of the commonly used technologies.
28. Mirabella B has the right by his own consideration without sending prior notice to terminate unilaterally the agreement in case it's found that the submitted services are used in a breach of the present General conditions in the Republic of Bulgaria and commonly accepted ethics.
29. (1) The right of the intellectual property on all materials and resources available at Mirabella B website (including available data base) are an object of protection by the Copyright Law and similar rights and are possessed by Mirabella B or by another specified individual who assigns the right of use of Mirabella B and cannot be used in a violation of the acting legislation.
(2) Access right of the User does not include the right to use, copy or reproduce information, that is an object to intellectual property, apart from it is about insignificant volume of information, designed for personal use, does not violate legal interests of the authors or their intellectual rights carriers and in case the copy or reproduction are performed with non-commerce purpose.
(3) In case the information is copied or reproduced out of the rules, according the above article, as well as any other kind of violation of the intellectual property rights on the resources of Mirabella B , Mirabella B has the right to claim for compensation on direct or indirect damages in full.
(4) When the User takes the advantage of provided access by Mirabella B services he shall be obliged: to comply Bulgarian legislation, these General condition, Internet ethics, rules of ethics and good manners; not to offend the good name of anybody and not to call to violent change of the constitutionally stipulated order, performing a crime, violence against person or to unleash race, national, ethnic or religious enmity, not to promote fascist or other antidemocratic ideology, not violating property rights or non-property rights, including the right of intellectual property. to immediately notifies Mirabella B for each case of performed of found violation; not to interfere in the proper functioning of the system ,including but not only , not to prevent the authorization procedure of any other User and not to perform access beyond granted access as well as prevents availability, reliability or the quality of provided access, as well as not using it in a way that would cause refusal of its use; not to extract by technical means information or resources or parts of information resourses that belong to the data base available at Mirabella B website and in this way not to establish his own data base in electronic or any other way; no to represent as another person or in any other way to mislead third party about his identity or affiliation to a specific group of people; not to perform abusive actions under the meaning of these General Conditions.
(5) Apart from the cases when it is explicitly stipulated, the User cannot reproduce, change, delete, publish, and disseminate in any other way the information resources published at Mirabella B website.
30. Mirabella B shall be obliged to take necessary care and ensure a normal access to the User to provided services.
(2) Maribella B shall have the right to deactivate or delete the user name and password for access of the user account of the User in case the last violates the right of intellectual property of Mirabella B on elements of intellectual property that are available at the website.
(3) Maribella B shall preserve the right to discontinue the access to provided services after sending a prior notice to the user account of the User. Mirabella B has the right but not the obligation, under his judgment to delete information resources and materials, published on the website.
TERMINATION AND CANCELLATION OF THE AGREEMENT
31.(1) Apart from cases stipulated in these General Conditions, the agreement between the parties shall be terminated upon discontinuing the activity of Mirabella B or discontinuing web site maintenance.
(2) The user has the right at each time upon his own judgement to cease the use of services submitted by Mirabella B.
(3). In case of termination of the agreement Maribella B deactivates the user account of the User and deletes its access password.
32. Apart from above mentioned cases, each of the parties shall have the right to terminate the present agreement by sending one month prior notice to the other party in cases of non-execution of the agreement obligations.
33. Written form of the contract is considered as kept upon sending a message to the electronic mail (e-mail), clicking on the electronic button at the page having a content that is filled in or selected by the User or checked in the field (check box) on the website and etc. as far as the statement has been recorded by technical means who provides the option to be reproduced.
34. The parties declare that in case any of the articles under these General conditions turn out to be invalid this make void the entire agreement or any other of its parts. Invalid clause shall be replaced by respective legal provisions or stipulated practice.
AMENDMENT OF THE GENERAL CONDITIONS
35. Maribella B shall have the obligation to notify the User about each amendment in these General conditions in a 7-day term upon emerging of such circumstances at the specified by the User email address.
(2) In case he does not agree with the amendment of the General conditions, the User has the right to refuse the agreement without specifying a reason and without due any compensation or a default. For exercising this right, the User shall notify Maribella B in a one-month term as of receiving the message under the above stated article.
(3) In case the User does not exercises his right to a refusal of the agreement under the procedure stipulated in these General Conditions, it is shall be considered that the amendment is accepted by the User without any objections.
36. All topics that are not settled by these General Conditions the provisions of the acting legislation of the Republic of Bulgaria shall be applicable.