Terms and Conditions
TERMS OF USE
These GENERAL TERMS AND CONDITIONS govern the relationship between“Iveli Trade” Ltd., with UIC: 205913914, with its registered office and address of management at: 3 Prof. Atanas Ishirkov St., Sofia, Postal Code: 1700, Sofia (capital), represented byIvelin Sashev Lilov, hereinafter referred to as “Elena art nails,” on the one hand, and the users of the web pages and services available on the Website (hereinafter referred to as Users), on the other.
Contact Information:
Email address: info@elenaartnails.com;
Phone: 0877796977
Please read the published General Terms and Conditions in their entirety before using the informational and commercial services offered on the Site (hereinafter referred to as the “Services”).
This document contains information about the activities of “Elena art nails” and the general terms and conditions for using the services provided by “Elena art nails,” which govern the relationship between us and each of our users.
Acceptance of the General Terms and Conditions is a necessary and mandatory requirement for the conclusion of the contract between the User and “Elena art nails.”
By accepting the Terms and Conditions, the User agrees to the processing of their personal data based on the contract concluded between them and “Elena art nails.” The processing of personal data is carried out in accordance with the Website’s Privacy Policy.
DEFINITIONS
For the purposes of these General Terms and Conditions, the terms listed below shall have the following meanings:
Website –https://elenaartnails.com/andall of its subpages.
User – any natural person who purchases goods or uses services not intended for the purpose of conducting a commercial or professional activity, and 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 the Terms of Use, the Cookie Policy, the Registration and Shipping Policies, the Voluntary Dispute Resolution Policy, the Contract Cancellation and Exchange Forms, and any other legally relevant information available on the Site.
Personal data – information about a natural person that reveals their physical, psychological, mental, family, economic, cultural, or social identity.
Goods – movable tangible property, with the exception of property sold through enforcement proceedings or other measures taken by authorities empowered by law, as well as property that has been abandoned or confiscated by the state and put up for sale by state authorities. Water, gas, and electricity are also considered goods when they are offered for sale in a limited volume or in a specific quantity.
Service—any tangible or intellectual activity performed on an independent basis, intended for another person, and not primarily involving the transfer of possession of an item.
Sales Contract – a contract under which a merchant transfers or undertakes to transfer ownership of goods to a consumer, and the consumer pays or undertakes to pay the price for them, including contracts that have as their subject matter both goods and services.
Service contract—a contract other than a sales contract, under which a merchant provides or undertakes to provide a service to a consumer, and the consumer pays or undertakes to pay the price for it.
Alternative Dispute Resolution Procedure for Consumer Disputes—a procedure for the out-of-court resolution of consumer disputes that meets the requirements of this Act and is carried out by an alternative dispute resolution body for consumer disputes.
SERVICES PROVIDED
On the Website, Users may enter into contracts for the provision of services, the sale and purchase, and the delivery of the goods and services offered by “Elena art nails.”
ORDER
Art. 2. (1) Users use the interface of the “Elena art nails” website to enter into contracts with “Elena art nails” for the goods and services offered.
A contract for the sale of goods or services is considered concluded upon confirmation of the order by “Elena art nails”
(2) If a particular item is out of stock or a particular service cannot be provided, “Elena art nails” reserves the right to refuse the order.
After selecting one or more products or services offered on the “Elena art nails” website, the User must add them to their shopping cart.
The User must provide the necessary information for delivery, select a payment method and timing, and then confirm the order through the website interface.
When placing an order, the User receives an email confirmation that their order has been accepted.
(1) “Elena art nails” has the right to refuse to enter into a contract with a User who acts in bad faith.
“Elena Art Nails” has the right to treat a User as non-compliant in cases where:
there has been a breach of the General Terms and Conditions by the User;
incorrect, arrogant, or rude behavior toward representatives of “Elena art nails” has been observed;
Systematic abuse by the User against “Elena art nails” has been identified.
PRICES
(1) The prices of the goods or services offered are those listed on the “Elena art nails” website at the time the order is placed, except in cases of obvious error.
The prices of goods and services include VAT in cases where it is applicable.
“Elena art nails” reserves the right to change the prices of the products and services offered on the website at any time and without prior notice; such changes will not affect orders that have already been placed.
(1) “Elena art nails” may offer discounts on the goods and services available on the website, in accordance with Bulgarian law and the rules established by “Elena art nails.” The rules applicable to such discounts are available at the location where the discount is displayed. Discounts may be offered in various forms (e.g., promotions, loyalty discounts, offered individually, at random, or as a result of participation in a contest or customer survey).
Different types of discounts cannot be combined when ordering and purchasing the same product or service.
PAYMENT
When a User returns a product or service and is entitled to a refund of the amount paid for any reason, the refundable amount is reduced by the value of any discount applied to the product or service, and only the amount actually paid is subject to refund.
The user may pay for the ordered goods/services using one of the options listed on the website, at their discretion. The Site accepts payment via cash on delivery, PayPal (a third-party payment service provider), and debit/credit card payments through DSK’s online payment gateway. Accepted card types: Visa and Mastercard debit, credit, and business cards. Transactions are processed through the MasterCard Identity Check and VISA Secure security programs. For security reasons, the maximum amount for card payments is 2,000 leva. We do not store data regarding the bank cards used for payments through the website. If a refund is required for an amount paid by bank card, the amount will be refunded to the card used for the original payment. Payment via bank transfer to the bank account of Iveli Trade Ltd. is also available on the website; the User must transfer the amount due for the ordered products and the shipping fee calculated by the website, if applicable. The order number must be included in the transfer description.
If the User selects the option for delivery by courier and cash on delivery, they must pay the price of the ordered items, along with the delivery fee and postal money transfer fees, to the courier upon receipt of the goods.
You can purchase goods and services on credit with tbi bank in a few easy steps:
Select a product or products from the website and add them to your cart. From your cart, proceed to checkout and under “Payment Method,” select tbi bankand the desired monthly payment amount.
1. A TBI Customer Service Center representative will contact you to help you fill out the necessary information.
2. Once your application is approved, you will receive an SMS and an email with a secure link that you can use to upload photos of your ID card to complete your verification.
3. After the verification is complete, you will receive a link to all the documents for signing via SMS and email. You sign remotely, and the signed contract and other documents will be sent to you via email.
4. Done. Your purchase will be delivered to the specified address within the timeframe mentioned in the merchant’s terms and conditions.
If the User selects a payment method that involves a third-party payment service provider, the User may be subject to the terms and conditions and/or fees of such third party.
“Elena art nails” shall not be liable if a payment method involving a third-party payment service provider is unavailable or otherwise fails to function for reasons not attributable to “Elena art nails”.
CANCELLATION OF THE CONTRACT AND EXCHANGE
The consumer has the right to withdraw from the contract without giving any reason and without owing any compensation or penalty within 14 days from the date the goods were accepted by the consumer or a third party, or, in the case of a service contract, from the date the service contract was concluded.
To exercise their right under this clause, the User must unequivocally notify “Elena art nails” of their decision to withdraw from the contract, specifying the goods/services they wish to return by providing all details regarding the order and delivery, including, but not limited to: the contents and value of the order, the details of the person who placed the order, the details of the person who accepted the delivery, and the delivery date.
"Elena Art Nails" has posted a form on its website for exercising the right to cancel the contract.
To exercise the right of withdrawal, “Elena art nails” offers the consumer the option to fill out and submit electronically via the website the standard withdrawal form or another unambiguous statement. In such cases, “Elena art nails” immediately sends the consumer a confirmation of receipt of the withdrawal on a durable medium.
The Consumer is required to return the goods at their own expense, along with the receipt and the invoice, if any, by delivering them to “Elena art nails” or to a person authorized by the latter, within 14 days of the date on which the Consumer exercised their right to withdraw from the contract.
When returning the merchandise, it must be in its original packaging, with no signs of use or damage to its appearance.
“Elena art nails” has the right to withhold refunds until the goods are returned or until proof is provided that the goods have been shipped back, whichever occurs first.
If the User fails to fulfill their obligation to return the goods without notifying “Elena art nails” of the delay and without providing a valid reason for it, they shall be deemed to have withdrawn their notice of withdrawal from the contract.
If “Elena art nails” has incurred expenses in connection with the performance of the contract and the Consumer withdraws from the contract, “Elena art nails” has the right to withhold the corresponding amount for the expenses incurred or to demand payment thereof.
The consumer does not have the right to withdraw from the contract when its subject matter is:
goods manufactured to the consumer's order or in accordance with the consumer's individual requirements;
a service that has been fully provided and the performance of which has begun with the consumer’s express prior consent and confirmation on the consumer’s part that he or she is aware that he or she will lose the right of withdrawal once the contract has been fully performed by the merchant;
for the delivery of goods that, due to their nature, may deteriorate or have a short shelf life
"Elena Art Nails" will refund the User the price paid for the returned goods.
WARRANTIES AND CLAIMS
The consumer has the right to file a complaint regarding any discrepancy between the goods or services and what was agreed upon or ordered, if discrepancies with the sales contract are discovered after delivery.
The customer is not entitled to file a complaint regarding color differences that result from natural variations in color reproduction across different monitor models.
The consumer is not entitled to file a complaint regarding normal wear and tear of the goods.
Any lack of conformity of consumer goods with the sales contract that becomes apparent within 6 months of delivery of the goods is presumed to have existed at the time of delivery, unless it is proven that the lack of conformity is due to the nature of the goods or the nature of the lack of conformity.
A consumer may not contest the conformity of a consumer good with the contract of sale if, at the time the contract was concluded, the consumer knew or could not have been unaware of the lack of conformity;
The consumer has the right to file a complaint regarding the product or service, regardless of whether the manufacturer or seller has provided a commercial warranty for the product or service.
When a complaint is resolved by replacing the product with another that conforms to the terms of the contract, “Elena art nails” will maintain the original warranty terms for the consumer.
When filing a complaint, the consumer may request a refund of the amount paid, a replacement of the product with another that conforms to the agreement, or a price reduction.
Complaints may be submitted verbally by calling the phone number provided by “Elena art nails,” or in writing via the email address provided, by mail, or by submitting the complaint to the company’s address. “Elena art nails” provides access to a complaint form on its website.
When filing a complaint, the consumer must specify the subject of the complaint, their preferred method of resolution, the amount claimed, and their contact address, phone number, and email address.
When filing a complaint, the consumer must include the documents on which the claim is based, namely:
receipt or invoice;
protocols, reports, or other documents establishing that the goods or services do not conform to the terms of the contract;
other documents substantiating the claim in terms of its basis and amount.
A complaint regarding consumer goods may be filed within two years of the delivery of the goods, but no later than two months after the nonconformity with the terms of the contract is discovered. A complaint regarding services may be filed within 14 days of discovering that the service does not conform to the terms of the contract.
The time limit is suspended for the time it takes for the seller and the consumer to reach an agreement to resolve the dispute.
If “Elena Art Nails” has provided a commercial warranty for the goods and the warranty period is longer than the time limits for filing a complaint under paragraph 1, the complaint may be filed until the expiration of the commercial warranty period.
Filing a complaint does not preclude the filing of a lawsuit.
“Elena art nails” maintains a record of all complaints filed. The User is sent a document to the email address they provided, which includes the complaint number from the record and the type of product.
When “Elena art nails” resolves the complaint, it issues a written statement to that effect, drawn up in two copies, and must provide one copy to the Consumer.
(1) In the event of a valid complaint, “Elena art nails” shall bring the goods into compliance with the sales contract within one month from the date the Consumer files the complaint.
If the goods have not been repaired by the time the period specified in the preceding paragraph has expired, the Consumer has the right to terminate the contract and receive a refund of the amount paid, or to request a price reduction for the consumer goods in accordance with Article 114 of the Consumer Protection Act.
Bringing the consumer goods into conformity with the sales contract is free of charge for the Consumer.
The consumer is not liable for the costs of returning the goods due to a defect or other material nonconformity with the purchased goods, which reduces their value or renders them unfit for the use agreed upon by the parties. The consumer is not liable for the costs of shipping the goods or for materials and labor related to their repair, and does not incur significant inconvenience.
If the consumer good does not conform to the sales contract and the consumer is not satisfied with the resolution of the complaint, the consumer has the right to choose one of the following options:
termination of the contract and refund of the amount paid by him;
price reduction.
The consumer may not claim a refund of the amount paid or a price reduction for the goods if the merchant agrees to replace the consumer goods with new ones or to repair the goods within one month of the consumer filing the complaint.
The merchant is obligated to grant a request to rescind the contract and refund the amount paid by the consumer when, after having resolved three of the consumer’s complaints by repairing the same item within the warranty period, a subsequent instance of nonconformity of the item with the sales contract occurs.
The consumer may not claim termination of the contract if the nonconformity of the consumer goods with the contract is minor.
INTELLECTUAL PROPERTY
The intellectual property rights to all materials and resources located on the “Elena art nails” website (including the available databases) are protected under the Copyright and Related Rights Act, belong to “Elena art nails” or to the respective person who has granted “Elena art nails” the right to use them, and may not be used in violation of applicable law.
In the event of unauthorized copying or reproduction of information, as well as any other infringement of intellectual property rights related to the resources of “Elena art nails,” “Elena art nails” reserves the right to claim full compensation for both direct and indirect damages incurred.
Except as expressly agreed, the User may not reproduce, modify, delete, publish, distribute, or otherwise disclose the information resources published on the “Elena art nails” website.
“Elena Art Nails” undertakes to exercise due care to ensure that the User has normal access to the services provided.
“Elena art nails” reserves the right to suspend access to the services provided. “Elena art nails” has the right, but not the obligation, at its sole discretion, to remove information and materials published on its website.
TERMINATION AND CANCELLATION OF THE CONTRACT
“Elena art nails” reserves the right, at its sole discretion and without prior notice, to unilaterally terminate the contract if it determines that the services provided are being used in violation of these General Terms and Conditions, the laws of the Republic of Bulgaria, and generally accepted moral standards.
In addition to the cases provided for in these General Terms and Conditions, the contract between the parties shall also be terminated upon the cessation of “Elena art nails”’s operations or the discontinuation of its website.
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 a breach of the obligations under the contract.
The written form requirement of the contract is deemed to have been met by sending an email, clicking an electronic button on a page containing content that is filled in or selected by the User, or checking a box on the website, and other similar actions, provided that the statement is technically recorded in a manner that allows it to be reproduced.
SAVING CLAUSE
The parties declare that, should any provision(s) of these General Terms and Conditions be found to be invalid, this shall not render the entire contract or any other part thereof invalid. The invalid provision shall be replaced by the mandatory provisions of law or established practice.
AMENDMENT TO THE GENERAL TERMS AND CONDITIONS
“Elena art nails” undertakes to notify Users of any changes to these Terms and Conditions within 7 days of such changes taking effect, via the email address provided by the User.
If the User does not agree with the amendments to the General Terms and Conditions, the User has the right to withdraw from the contract without giving a reason and without owing any compensation or penalty. To exercise this right, the User must notify “Elena art nails” within 1 (one) month of receiving the notice referred to in the preceding article.
If the User does not exercise their right to withdraw from the contract in accordance with the procedure set forth in these General Terms and Conditions, the amendment shall be deemed to have been accepted by the User without objection.
APPLICABLE LAW
For all matters not covered by these General Terms and Conditions, the provisions of the applicable laws of the Republic of Bulgaria shall apply.
ALTERNATIVE DISPUTE RESOLUTION
Consumers can use the European Online Dispute Resolution (ODR) platform, available at /http://ec.europa.eu/odr/—a single access portal that allows consumers and merchants in the EU to resolve disputes between themselves.
Alternative dispute resolution (ADR) between consumers and merchants is an out-of-court conciliation procedure based on the principle of voluntariness. General Conciliation Commissions are designated on a regional basis, and the General Conciliation Commission with its seat in Sofia and jurisdiction over the territory of Sofia, Sofia Province, Kyustendil Province, and Pernik Province is competent to resolve disputes between “Iveli Trade” Ltd. and consumers. The consolidated list of recognized ADR bodies in the member states of the European Union can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show
Standard Form for Exercising the Right to Withdraw from the Contract:
(Please fill out and submit this form only if you wish to cancel the contract.)
To “Iveli Trade” Ltd.
I/We hereby give notice that we are withdrawing from the contract concluded by me/us for the purchase of the following goods/for the provision of the following service: ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….
Ordered on/received on – ……………………………………………………………………………………………………
Name(s) of user(s) – ………………………………………………………………………………………………………
Address of the user(s) – ……………………………………………………………………………………………………
Signature(s) of the user(s): ……………………………………………….
(only if this form is on paper)
Date: ……………………………………………
REGULATORY BODIES
The authorities that regulate the activities of “Elena art nails” are the Consumer Protection Commission (CPC) and the Personal Data Protection Commission (PDPC), with the following contact information:
About the CPC:
• Website: https://kzp.bg/kontakti
• Phone: 0700 111 22
• email: info@kzp.bg
• Address: Sofia, Slaveykov Square, No. 4A, floors 3, 4, and 6
About the CPDP:
• Website: https://www.cpdp.bg/
• Phone: 02/91-53-518
• email: kzld@cpdp.bg
• Address: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.
DISPUTES
Consumers can use the European Online Dispute Resolution (ODR) platform, available at /http://ec.europa.eu/odr/—a single access portal that allows consumers and merchants in the EU to resolve disputes between themselves.
Alternative dispute resolution (ADR) between consumers and merchants is an out-of-court conciliation process based on the principle of voluntariness.
General conciliation commissions assist in reaching an agreement between consumers and merchants in disputes concerning contracts for the sale of goods and the provision of services,
General Conciliation Commissions are designated on a regional basis, and the General Conciliation Commission attached to the Consumer Protection Commission, headquartered in Sofia and covering the territory of Sofia, Sofia Province, Kyustendil Province, and Pernik Province, has jurisdiction to resolve disputes between “Elena art nails” and the Consumer.
The consolidated list of recognized ADR bodies in the member states of the European Union can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show
