@shirtwiseshop

TERMS AND CONDITIONS OF WWW.SHIRTWISESHOM.COM

 

  1. Scope

1.1 All deliveries, services and offers of www.shirtwiseshop.com, owned by Gentlemen’s Mood Ltd. (hereinafter Supplier), registered under VAT ID BG203261267 with headquarter and address located at 488-ma Str. 2B, Sofia, Bulgaria, to consumer (hereinafter Customer) within the scope of the online shop are based solely on these Terms and Conditions. They are part of all contracts concluded between the platform shirtwiseshop.com represented by Gentlemen’s Mood Ltd. and any customers with reference to goods offered in the online shop located at https://www.shirtwiseshop.com (hereinafter Shop).

  1. Suppliers details

2.1. The following information is required based on the Bulgarian law for online trade and the Bulgarian Law of Consumer Protection.

2.2. Legal name of the Supplier: Gentlemen’s Mood Ltd.

2.3. Headquarter and address of registration: 488-ma Str. 2B, Sofia, Bulgaria

2.4.Address for addressing consumers’ complaints: 488-ma Str. 2B, Sofia, Bulgaria

2.5. Contact details: [email protected] ; +359 899 315 198

2.6. Supplier’s details in the Bulgarian Public Registries: 203261267

2.7. Supplier’s registration ID under VAT: BG203261267

2.8. Administration of personal data: 413618

2.9. Bulgarian State Directions of Supervision:

  • Commission for protection of the personal data:

Address: Sofia, Prof. Tsvetan Lazarov Str. 2,

Phone: +359 (02) 940 20 46

FAX: +359 (02) 940 36 40

Email: [email protected], [email protected]

Web site: www.cpdp.bg

  • Commission for consumer protection

Address: Sofia, 1000, Place Slaveykov №4А, floor 3, 4 and 6

Phone: +359 (02) 980 25 24

FAX: +359 (02) 988 42 18

Hotline (Bulgaria): 0700 111 22

Web site: www.kzp.bg

  1. Characteristics of the online platform

3.1. The Shop is an electronic platform for online trade accessible on the following Internet address https://www.shirtwiseshop.com , where the Customer can conclude contracts with the Supplier for purchase, sale and delivery of goods offered by the Supplier. In the platform the Customers can:

3.1.1. Complete a registration for an account creation. The account is used for:

3.1.2. Reviewing the goods available for sale and for receiving additional services which may require additional Customers’ information.

3.1.3. Reviewing the goods, their characteristics, prices and the Supplier’s delivery conditions

3.1.4. To conclude contracts for purchase, sales and delivery of goods offered by the Supplier in the online platform shirtwiseshop.com

3.1.5. To complete online payments with regards to any concluded contracts made via the online platform shirtwiseshop.com with electronic means of payment

3.1.6. To receive information about for new products offered by the supplier in the online platform shirtwiseshop.com

3.1.7. To complete electronic requests related to conclusion and implementation of contracts with the Supplier in the platform using the interface of shirtwiseshop.com accessible in Internet.

3.1.8. To be informed of the Customers’ rights defined by the Bulgarian and the European laws mainly through the interface of the platform shirtwiseshop.com accessible in Internet.

3.1.9. When applicable to use their right of cancellation defined by the Bulgarian and the European laws.

3.2. The Supplier of the online platform shirtwiseshop.com takes care of the goods’ delivery and guarantees the rights of the Customer, defined by the Bulgarian and European laws, within the framework of good faith, the criteria and conditions adopted in the practice, the Customer’s or the commercial law.

3.3. The Customer conclude a contract for purchase and sale with the Supplier via the platform shirtwiseshop.com.

3.3.1. The contract is concluded in Bulgarian and/or English and is being stored in the database of the Supplier’s platform.

3.3.2. By the mean of the contract for purchase and sale of goods with the Customer, the Supplier of the platform shirtwiseshop.com is obliged to arrange the delivery and the transfer of ownership of goods, defined by him in the interface of the platform, to the Customer. The Customer has the right to correct any error related to provision of personal data not later than the moment of submission of the request for contract conclusion with the Supplier using the platform shirtwiseshop.com

3.3.3. The Customer pays the Supplier of the platform shirtwiseshop.com for delivered goods in accordance to the conditions defined in the platform shirtwiseshop.com and the general conditions of use. The remuneration is equal to the requested goods’ price announced in the platform shirtwiseshop.com.

3.4. The Customer and the Supplier of the platform shirtwiseshop.com agree that all statements made between them with regards to the conclusion and execution of the contract for purchase and sale, may be made electronically and using electronic requests by the mean of the Bulgarian law for electronic documents and electronic signature and article 11 of the Bulgarian law for electronic trade.

3.4.1. It is assumed that, if the Customer has logged in the platform shirtwiseshop.com using his / her username and password, the electronic requests made by the Customer of the online platform shirtwiseshop.com are submitted by the person indicated by the Customer during the registration process.

  1. Account registration process for shirtwiseshop.com

4.1. In order for the Customer to submit requests for contracts for purchase and sale and being able to conclude them, he / she needs to complete the account registration process for the platform shirtwiseshop.com during which he / she needs to select username and password for remote access. By submitting his / her registration the Customer is accepting the current Terms and Conditions for use of the platform shirtwiseshop.com.

4.2. The username and the password for remote access are defined by the Customer during the registration process in the web site of the Supplier’s platform shirtwiseshop.com in accordance with the procedure set out therein.

4.3. In order to submit request for order the Customer needs to agree with the Terms and Conditions by marking the checkbox ‘I read and accept the Terms and Conditions’. By doing so the Customer declares he / she got acquainted with the current Terms and Conditions, he / she accept them and agrees to comply unconditionally with them.

4.4. The Supplier confirms via e-mail the submitted request for order made by the Customer. The Customer’s account is being created and contractual relations between him / her and the Supplier are established.

4.5. By completing the registration process and / or by submitting a request for order the Customer is obliged to provide correct and up-to-date data. Upon changes the Customer is obliged to timely update his / her personal data in the user profile page.

  1. Technical instructions to submit request for purchase and sale contract

5.1. The Customer is using the interface of the platform shirtwiseshop.com to submit requests for contract for purchase and sale for the goods offered by the Supplier in the platform shirtwiseshop.com

5.2. In case a request for order is submitted without an account to be created the Customer needs to agree with the Terms and Conditions by marking the checkbox ‘I read and accept the Terms and Conditions’. By doing so the Customer declares he / she got acquainted with the current Terms and Conditions, he / she accept them and agrees to comply unconditionally with them.

5.3. The Customer submits request for contract for purchase and sale with the Supplier through the platform shirtwiseshop.com using the following procedure:

5.3.1. The Customer needs to log in the platform shirtwiseshop.com using his username and password selected by him / her during the registration process.

5.3.2. The Customer needs to select one or more products available in the platform shirtwiseshop.com and to add them to the virtual cart.

5.3.3. The Customer needs to provide his / her personal data identifying him / her as a party of the contract.

5.3.4. The Customer needs to provide the personal data required for the delivery of the goods.

5.3.5. The Customer needs to select the payment method and the time for payment of the total amount due to the Supplier for the requested goods.

5.3.6. The Customer needs to confirm the request for order.

  1. Contract’s content

6.1. The Supplier and the Customer conclude individual contracts for purchase and sale of each good requested by the Customer regardless if they are requested in the same time with a single electronic request form and being part of the same virtual cart.

6.2. The Supplier is free to organize the goods’ delivery requested with separate contracts for purchase and sale in single or multiple shipments.

6.3. The Customer’s rights with regards to the delivered goods are exercised separately for each contract for purchase and sale. The exercise of the Customer’s rights with regards with the delivered good does not affect nor has any relation with the contract for purchase and sale of the rest of the purchased goods. In case the Customer, in his / her quality of Customer by the mean of the Bulgarian Law of Customer Protection, exercise his / her right of cancellation of the contract for purchase and sale for a given purchased good this does not affect the contracts for purchase and sale for the rest of the purchased goods delivered to the Customer.

6.4. In case of the exercise of the Customer’s contract cancellation rights, the Customer is obliged to indicate precisely and unambiguously the contract and the goods in respect of which the rights are exercised.

6.5. The Customer can pay the due amount on each of the individual contracts for purchase and sale simultaneously during the checkout process or at the time of their delivery.

  1. Special clauses applied to persons who have a quality of Consumer under the Law of Consumer Protection

7.1. The rules of this Section (7) of these General Conditions apply only to Users for whom, according to the data specified for the conclusion of the purchase contract or the registration in the Shop, it can be concluded that they are Consumers within the meaning of the Protection Law the Consumer Electronic Commerce Act and / or Directive 2011/83 / EC of the European Parliament and of the Council of 25 October 2011.

7.2. The main characteristics of the goods offered by the Supplier in the platform shirtwiseshop.com are defined in each product’s page (profile) available in the platform shirtwiseshop.com.

7.3. The price of each product including all applicable taxes is defined by the Supplier in the platform shirtwiseshop.com. The price of each product is available in the product’s page (profile) in the platform shirtwiseshop.com

7.4. The price of the delivery is not included in the price of the purchased goods and it is being defined by the Supplier and provided to the Customer in the last step of the purchasing process.

7.5. The terms of payment, the delivery methods together with the process of conclusion of the contract for purchase and sale are set out in the current Terms and Conditions. The same is shared with the Customer through the platform shirtwiseshop.com.

7.6. The information provided to the Customer under this Article is up-to-date at the moment of its visualization on the platform shirtwiseshop.com prior to the conclusion of the contract for purchase and sale.

7.7. The Customer agrees that all information required by the Customer Protection Act may be provided via the interface of the platform shirtwiseshop.com or via email.

7.8. The Customer agrees that the Supplier of the platform shirtwiseshop.com has the right to receive payment in advance for purchase and sale contracts for goods and their delivery.

7.9. The Customer is free to choose if the due remuneration is to be paid via the platform shirtwiseshop.com or to do that at the moment of the delivery’s reception.

7.10. In case the due amount that the Customer has to pay exceeds 15 000 BGN or its equivalent in other currency, the payment is to be made only via bank transfer.

7.11. The Customer has the right without due compensation or penalty and without giving any reason, to renounce the concluded contract within 14 days from the date of acceptance of the goods. The cancellation is to be requested by using the cancellation form available on the platform shirtwiseshop.com, 488-ma Str. 2B, 1407 Sofia and in Annex 1 of the current Terms and Conditions. Additional information about the right of cancellation is available at https://www.shirtwiseshop.com/terms-conditions/ and in Annex 2 of the current Terms and Conditions

7.12. The right of cancellation defined in 7.11. is not applicable in the following cases:

7.12.1. For goods manufactured by Customer’s order or according to his / her individual requirements.

7.12.2. For goods which, by their nature, may deteriorate or have a short shelf life.

7.12.3. For sealed goods that have been unsealed after their delivery and cannot be returned for reasons of hygiene or health protection.

7.12.4. For goods which, after being delivered and because of their nature, have been mixed with other goods from which they cannot be separated.

7.12.5. For sealed sound recordings or video recordings or sealed computer software that have been unsealed after delivery, including software license activation codes, software features, or virtual payment means.

7.12.6. For the newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;

7.13. When the Supplier of the platform shirtwiseshop.com has not provided the Customer with the needed information defined in the Consumer Protection Act, the Customer has the right to exercise his / her right for cancellation in a period of one year and fourteen days from the day of the reception of the good(s). When the same information is available to the Customer, he / she has the right to exercise his / her right for cancellation in a period of fourteen days after the reception of the goods. The Customer has the right to request the cancellation as per this clause directly to the Supplier by using the form for cancellation available on the platform shirtwiseshop.com at the following URL https://www.shirtwiseshop.com/terms-conditions/ or in Annex 1 of these Terms & Conditions

7.14. When the Customer has exercised his / her right for cancellation of the contract remotely or off-premises, the The supplier shall reimburse all sums received from the Customer, including the cost of delivery, without undue delay and no later than 14 days from the date on which he was informed of the Customer's decision to withdraw from the contract. The Supplier shall recover the amounts received using the same payment method used by the user in the initial transaction unless the Customer has expressly agreed to use another means of payment and in condition the same is not adding additional cost to the Customer.

7.15. In case of cancellation of the contract for purchase and sale, the costs of return of the delivered goods shall be deducted from the refunded amounts defined in 7.14, except in case the Customer decide to return the goods by arranging by himself / herself the delivery on his / her own account. The supplier has no obligation to reimburse the additional cost of delivery of the goods when the Customer has explicitly chosen a way of delivering the goods other than the cheapest type of standard delivery offered by the Supplier.

7.16. The Customer is obliged to store the purchased goods received from the Supplier and to ensure the preservation of their quality and safety during the term defined in11.

7.17. The Customer can exercise his / her right for cancellation of the contract for sale and purchase by making a written statement to the Supplier using the cancellation form available at address 488-ma Str. 2B, Sofia, in the platform shirtwiseshop.com and in Annex 1 of the current Terms & Conditions.

7.18. When the Supplier of the platform shirtwiseshop.com has not proposed to organize the return of the goods, he may retain the refund until he receives the goods or has been provided with proof of shipping of the goods back to him made by the Customer, whichever has happened first.

7.19. Notwithstanding the aforementioned hypotheses, the Customer is obliged to return the goods in condition allowing their subsequent sale unless the unpacking of the product leads to obvious disruption of the merchandise's appearance such as destroying the original box, opening of hermetic packaging and other similar cases. In the event of a defective commercial appearance of the goods, the Supplier may, at its discretion, refuse to accept a waiver of the contract or charge the Customer for restoration of the goods to their initial appearance.

7.20. In case the Customer has exercised his / her right for cancellation of the contract for purchase and sale, it is considered that the Customer has exercised a right of withdrawal in respect of the bonus content belonging to the good.

7.21.The time for delivery of the goods is determined for each item individually upon conclusion of the contract with the Customer through the Supplier's website of the platform shirtwiseshop.com.

7.22. In the event that the Customer and the Supplier of the platform shirtwiseshop.com have not set a delivery deadline, the delivery period of the goods is 30 calendar days from the date following the request for order made to the Supplier via the website of the platform shirtwiseshop.com.

7.23. If the Supplier of the platform shirtwiseshop.com is unable to fulfill the contract because he does not have the ordered goods, it is obliged to notify the User and refund any amount paid by the Customer.

7.24. The Supplier of the platform shirtwiseshop.com is obliged to comply with all requirements established in the Bulgarian legislation with regards to the labeling, advertising and sale of textile goods.

  1. Execution of the contract

8.1. The Supplier of the platform shirtwiseshop.com should organize the goods’ delivery and their handover to the Customer executed by a given logistic company in the timeframe set during the contract’s conclusion.

8.2. If the time for delivery mentioned in 8.1. is not explicitly agreed between the parties during the contract’s conclusion, the Supplier should deliver the goods in a reasonable timeframe.

8.3. The Customer should check the delivered good at the moment of its reception and notify the Supplier of shirtwishop.com without delay if the good does not correspond to the requirements.

8.4. If the Customer does not notify the Supplier of the platform shirtwiseshop.com as per 8.3. the delivered good is considered as meeting the requirements unless hidden defects.

8.5. The Supplier of the platform shirtwiseshop.com is not obliged to provide the technical service of the goods.

8.6. For the unsettled cases in this section, the sales rules set out in the Commercial Law and the Customer Protection Act apply.

  1. Personal data protection

9.1. The supplier of shirtwiseshop.com takes measures to protect the personal data of the Customer pursuant to the Personal Data Protection Act.

9.2. With regards to the personal data protection of the Customer, the supplier of the platform shirtwiseshop.com will only use the e-mail address provided by the Customer during the registration process for any written communication.

9.3. The Supplier of the platform shirtwiseshop.com has the right to store data on Customer’s communication device unless the Customer has explicitly disagreed with that.

9.4. The Customer agrees that for the period for which he / she has an active registration in the platform shirtwiseshop.com, the Supplier of the platform shirtwiseshop.com has the right to send at any time electronic messages to the Customer, including electronic bulletins or commercial offers for purchase of goods.

9.5. The Customer agrees that the Supplier of the platform shirtwiseshop.com has the right to collect, store and process the data related to Customer’s behavior using the electronic shop of the platform shirtwiseshop.com

9.6. At any time, the Supplier of the platform shirtwiseshop.com has the right to request from the Customer to legitimize and certify the authenticity of the personal data provided during the registration process.

9.7. In the cases where, for any reason, the Customer has forgotten and or lost his / her user name and password, the Supplier of the platform shirtwiseshop.com may apply the “Lost or Forgotten user name and password procedure” available at http://www. shirtwiseshop.com/my-account/lost-password/

  1. Changes of and access to the Terms and Conditions

10.1. These Terms and Conditions may be modified by the Supplier of the platform shirtwiseshop.com and the latter is obliged to notify all registered users.

10.2. The Supplier of the platform shirtwiseshop.com and the Customer agree that any change of these Terms and Conditions will take effect in one of the following cases:

10.2.1. The Supplier has notified the Customer about the changed Terms and Conditions and the Customer does not reply in the legal 14 days period and he / she rejects them OR

10.2.2. The Supplier has published the changed Terms and Conditions in the platform shirtwiseshop.com and the Customer does not reply in the legal 14 days period that he / she rejects them OR

10.2.3. The Customer has explicitly accepted the Terms and Conditions through his personal profile in the platform shirtwiseshop.com

10.3. The Customer agrees that all statements made by the Supplier of the platform shirtwiseshop.com with regards to changes in these Terms and Conditions are to be sent to the e-mail address provided by the Customer during the registration process. The Customer agrees that the electronic messages sent to him / her pursuant the current article do not require to be signed with an electronic signature in order to have effect on him / her.

10.4. The Supplier of the platform shirtwiseshop.com publishes these Terms and Conditions at the following URL address:https://www.shirtwiseshop.com/terms-conditions/

  1. Termination of the contract

11.1. These Terms and Conditions and the Contract for purchase and sale between the Customer and the Supplier of the platform shirtwiseshop.com are terminated in the following cases:

11.1.1. upon termination and liquidation or bankruptcy of one of the parties to the contract.

11.1.2. by mutual agreement of the parties made in a written form.

11.2.3. in the case of an objective impossibility of one of the parties to the contract to fulfill its obligations.

11.2.4. in case of seizure or sealing of equipment by the state authorities.

11.2.5. in the event of deletion of the Customer’s registration in the shirtiwiseshop.com platform. In this case, the concluded but not executed contracts for sale and purchase remain in force and are subject to execution.

11.2. The Supplier of the platform shirtwiseshop.com is entitled at its sole discretion without giving notice and without due compensation to terminate unilaterally the Contract if it finds that the Customer is using the platform shirtwiseshop.com in violation of these Terms and Conditions, the legislation in the Republic of Bulgaria, the generally accepted moral norms or the generally accepted rules and practice in electronic commerce.

  1. Responsibilities

12.1. The Customer undertakes to indemnify and release from liability the Supplier of the platform shirtwiseshop.com and from litigation and other claims of third parties (whether justified or not) for all damages and costs (including attorneys' fees and legal costs) arising out of or in connection with (1) failure to perform any of the obligations under this Agreement, (2) violation of copyright, productions, broadcasting rights or other intellectual or industrial property rights, (3) improper transfer of the rights granted to the Customer for the duration and the conditions of the contract and (4) erroneous declaration, presence of absence of its quality of a Customer as per the meaning of Consumer’s Protection Act.

12.2. The Supplier shall not be liable in case of force majeure, incidental events, Internet problems, technical or other objective reasons, including dispositions of the competent governmental authorities.

12.3. The Supplier shall not be liable for damages caused by the Customer to third parties.

12.3.1. The Supplier shall not be liable for any material or non-pecuniary damage resulting from loss of profits or damages caused to the Customer in the course of the use or non-use of the electronic store and conclusion of purchase contracts with the Supplier.

12.3.2. The Supplier is not responsible for the time the platform was unavailable by force majeure.

12.3.3. The Supplier is not responsible for damages from comments, opinions and publications under the products, news and articles in the platform shirtwiseshop.com

12.3.3.1. The Supplier is not responsible if the technical security measures in place are overcome, resulting in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.

12.3.3.2. The Supplier shall not be liable in the event of the conclusion of a contract for purchase and sale, the provision of access to information, loss or alteration of data occurring as a result of the false legitimation of a third party who has presented himself / herself as the Customer and if by the circumstances it can be judged that this person is the Customer.

  1. Other Terms

13.1. The Customer and the Supplier of the platform shirtwiseshop.com undertake to protect each other's rights and legal interests, as well as to protect their trade secrets, made known to them in the course of the performance of the contract and these terms and conditions.

13.2. The Customer and the Supplier undertake, during and after the expiration of the contract period, not to make public written or verbal correspondence between them. The same is applicable for publishing of correspondence in any public domain such as in print and electronic media, internet forums, personal or public web sites, etc.

13.3. In the event of a discrepancy between these terms and conditions and the arrangements made in a separate special contract between the Supplier of the platform shirtwiseshop.com and the Customer, the clauses of the special contract shall prevail.

13.4. Any invalidity of any provision of these terms and conditions will not invalidate the entire contract.

13.5. The laws of the Republic of Bulgaria shall apply to matters not governed by this Agreement relating to the implementation and interpretation of this Agreement.

13.6. These terms and conditions are valid and applicable for all Customers with registered user account in the platform shirtwiseshop.com as of 2017.

ANNEX 1 - Standard form for exercising the right for cancellation of the contract for purchase and sale

Standard form for exercising the right for cancellation of the contract for purchase and sale

(fill in and submit this form only if you wish to cancel the contract for purchase and sale)

- To (Trader's name, physical address and when applicable, fax number and e-mail address to be filled in by the trader):

- I hereby notify that I request the cancellation of the contract for purchase and sale for the following goods* / for the provision of the following service *

- Ordered on * / received on *

- Name of the Customer

- Address of the Customer

- Signature of user (s) (only if this form is submitted in paper)

- Date

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* Unnecessary is crossed out.

Annex 2 – Information regarding the right for cancellation of the contract for purchase and sale

Information regarding the right for cancellation of the contract for purchase and sale

Right of withdrawal from the contact remotely or off-premises:

  • You have the right to withdraw from this contract, without giving any reasons, within 14 days.
  • The withdrawal period is 14 days from the date on which you or a third party other than the carrier and indicated by you have taken possession of the goods.
  • In order to exercise your right of withdrawal, you must notify us by using the contact details listed onhttps://www.shirtwiseshop.com/contacts of your decision to cancel the contract with a clear statement (e.g. a letter sent by post, fax or electronic mail).
  • You can use the standard form for exercising the right for cancellation (see Annex 1), but this is not mandatory. You can also fill in and submit electronically the standard denial form or other unambiguous denial request using our website shirtwiseshop.com. If you use this option, we will immediately send you a confirmation receipt of the refusal on a durable medium (e-mail, for example).
  • In order to comply with the withdrawal period, it is sufficient to send your request for exercise of the right of withdrawal before the expiration of the withdrawal period.

Execution of the right for withdrawal:

  • If you opt out of this agreement, we will refund to you all payments we have received from you, including delivery costs (excluding additional costs associated with a delivery method you choose, other than the cheapest standard delivery method, offered by us) without undue delay and in any case no later than 14 days from the date you inform us of your decision to renounce this contract. We will perform your refund on a specified bank account; in any case, this refund will not be associated with any costs for you.
  • We have the right to postpone reimbursement until the goods are returned or until you provide evidence that you have shipped the goods, whichever is the earlier.
  • You need to cover the costs of returning the goods. Expenditures are expected to not exceed approximately the amount of delivery or standard courier service.
  • You are only responsible for reducing the value of the goods as a result of testing them other than what is necessary to establish their nature, characteristics and good functioning.

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