Terms of Service
I. SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relations between Elly's Supreme Taste EOOD, Sofia 1415, Vitosha district, Dragalevtsi residential area, 2 Zdravets St., UIC 206923039, represented by Sevdelina Ivanova, hereinafter referred to for brevity as the SUPPLIER, and the customers, hereinafter referred to as the USERS of the online store http://www.ellystaste.com, hereinafter referred to as "Elly’s Supreme Taste".
II. SUPPLIER INFORMATION
Art. 2. Information pursuant to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: Elly's Supreme Taste EOOD
2. Registered office and address of management: Sofia 1415, Vitosha district, Dragalevtsi residential area, 2 Zdravets St.
3. Address of business activity: Sofia 1415, Vitosha district, Dragalevtsi residential area, 2 Zdravets St.
4. Correspondence details: Sofia, Email: admin@ellystaste.com , tel: +359876275158
5. Entry in public registers: UIC 206923039
6. Supervisory authorities:
(1) Commission for Personal Data Protection
Address: Sofia, 15 Ivan Evstatiev Geshov St., tel.: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Consumer Protection Commission
Address: 1000 Sofia, 4A Slaveykov Sq., floors 3, 4 and 6, tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
III. CHARACTERISTICS OF ELLY’S SUPREME TASTE
Art. 3. Elly’s Supreme Taste is an online store, accessible on the Internet at http://www.ellystaste.com, through which Users can conclude contracts for the sale and delivery of the goods offered by Elly’s Supreme Taste, including the following:
1. To register and create a profile for browsing Elly’s Supreme Taste and using the additional information services;
2. To make electronic statements in connection with the conclusion or performance of contracts with Elly’s Supreme Taste through the interface of the Elly’s Supreme Taste page, accessible on the Internet;
3. To conclude contracts for the sale and delivery of the goods offered by Elly’s Supreme Taste;
4. To make any payments in connection with the contracts concluded with Elly’s Supreme Taste, in accordance with the payment methods supported by Elly’s Supreme Taste.
5. To receive information about new goods offered by Elly’s Supreme Taste;
6. To view the goods, their characteristics, prices and delivery terms;
7. To be notified of their rights arising from the law, mainly through the interface of the Elly’s Supreme Taste page on the Internet;
Art. 4. The Supplier delivers the goods and guarantees the rights of the Users provided for by law, within the limits of good faith and the criteria and conditions accepted in practice and in consumer or commercial law.
Art. 5. (1) Users conclude a contract for the sale of the goods offered by Elly’s Supreme Taste through the Supplier's interface, accessible on its Internet page at http://www.ellystaste.com, or by another means of distance communication.
(2) By virtue of the sales contract concluded with the Users, the Supplier undertakes to deliver and transfer ownership to the User of the goods selected by the User through the interface.
(3) Users pay the Supplier a fee for the delivered goods in accordance with the conditions set out on Elly’s Supreme Taste and these general terms and conditions. The fee is equal to the price announced by the Supplier at the Elly’s Supreme Taste Internet address.
(4) The Supplier delivers the goods ordered by the Users within the time limits and under the conditions determined by the Supplier on the online store page and in accordance with these general terms and conditions.
(5) The price of delivery is determined separately and explicitly from the price of the goods.
Art. 6. (1) The User and the Supplier agree that all statements between them in connection with the conclusion and performance of the sales contract may be made electronically and by means of electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) Electronic statements made by the Users of the site are presumed to have been made by the persons indicated in the data provided by the User upon registration, if the User has entered the corresponding username and password.
IV. USE OF THE ONLINE STORE
Art. 7. (1) In order to use Elly’s Supreme Taste to conclude contracts for the sale of goods, the User must enter a username and password for remote access of their choice, in cases where the online store requires registration.
(2) The username and password for remote access are determined by the User through electronic registration on the Supplier's site.
(3) By filling in their details and clicking the "Yes, I agree" and "Register" buttons, the User declares that they are familiar with these general terms and conditions, agree with their content and undertake to comply with them unconditionally.
(4) The Supplier confirms the registration made by the User by sending a message to an email address specified by the User, to which information on activating the registration is also sent. The recipient confirms the registration and the conclusion of the contract through an electronic link in the message sent by the Supplier notifying them of the registration made. After the confirmation, the User's account is created and contractual relations arise between the User and the Supplier.
(5) When registering, the User undertakes to provide accurate and up-to-date data. The User shall promptly update the data specified in their registration in the event of any change.
Art. 8. (1) The email address provided upon the User's initial registration, as well as any subsequent email address used for the exchange of statements between the User and the Supplier, is the "Primary Email Address" within the meaning of these general terms and conditions. The User has the right to change their Primary Contact Email Address.
(2) Upon receipt of a request to change the Primary Contact Email Address, the Supplier sends a request for confirmation of the change. The request for confirmation is sent by the Supplier to the new Primary Contact Email Address specified by the User.
(3) The Primary Contact Email Address is changed after confirmation by the User, expressed through a link contained in the request for confirmation sent by the Supplier to the new Primary Contact Email Address specified by the User.
(4) The Supplier informs the User of the change made by an email sent to the Primary Contact Email Address specified by the User before the change is made under paragraph 2.
(5) The Supplier is not liable to the User for any unlawful change of the Primary Contact Email Address.
(6) The Supplier may require the User to use the Primary Contact Email Address in specific cases.
V. TECHNICAL STEPS FOR CONCLUDING A SALES CONTRACT
Art. 9. (1) Users mainly use the interface of the Supplier's page to conclude contracts for the sale of the goods offered by the Supplier in Elly’s Supreme Taste.
(2) The contract is concluded in Bulgarian.
(3) The contract between the Supplier and the User consists of these general terms and conditions, available at https://www.ellystaste.com/en/terms-of-service
(4) The party to the contract with the Supplier is the User, according to the data provided upon registration and contained in the User's personal profile. For the avoidance of doubt, this is the data with which the account with the Supplier was created.
(5) The Supplier includes in the interface of its Internet page technical means for identifying and correcting errors in data entry before the statement of conclusion of the contract is made.
(6) This contract is considered concluded from the moment the User is registered with the Supplier. The sales contract for goods is considered concluded from the moment the User orders them through the Supplier's interface.
(7) For the conclusion of this contract and for the conclusion of the sales contract for goods, the Supplier explicitly notifies the User in an appropriate manner by electronic means.
(8) The statement of conclusion of the contract and the confirmation of its receipt are considered received when their addressees have the opportunity to access them.
(9) The Supplier delivers the goods to the address specified by the Users and is not liable if the data provided by the Users is incorrect or misleading.
Art. 10. Users conclude the sales contract with the Supplier by the following procedure:
(1) Registering with Elly’s Supreme Taste and providing the necessary data, if the User is not yet registered with Elly’s Supreme Taste;
(2) Logging in to the Elly’s Supreme Taste ordering system by identifying themselves with a username and password;
(3) Selecting one or more of the goods offered by Elly’s Supreme Taste and adding them to a list of goods for purchase;
(4) Providing data for the delivery;
(5) Choosing the method and time of payment of the price.
(6) Confirming the order;
VI. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The rules of this Section VI of these general terms and conditions apply to Users who, according to the data provided for the conclusion of the sales contract or upon registration in Elly’s Supreme Taste, can be considered consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
Art. 12. (1) The main characteristics of the goods offered by the Supplier are specified in the profile of each item on the Elly’s Supreme Taste site.
(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each item on the Elly’s Supreme Taste site.
(3) The amount of postal and transport costs not included in the price of the goods is determined by the Supplier and is provided as information to Users at one of the following moments before the conclusion of the contract:
– In the profile of each of the goods on the Supplier's Elly’s Supreme Taste site;
– When selecting the goods for the conclusion of the sales contract;
(4) The method of payment, delivery and performance of the contract is determined in these general terms and conditions, as well as in the information provided to the User on the Supplier's site.
(5) The information provided to Users under this article is current at the time it is displayed on the site of the Supplier Elly’s Supreme Taste before the conclusion of the sales contract, and the supplier Elly’s Supreme Taste is not liable for any technical errors made.
(6) The Supplier must state the delivery terms for the individual goods on the Elly’s Supreme Taste site.
(7) Before the conclusion of the contract, the Supplier states the total value of the order for all the goods it contains.
Art. 13. (1) The consumer agrees that the Supplier has the right to accept advance payment for sales contracts for goods concluded with the consumer and their delivery.
(2) The consumer chooses independently whether to pay the Supplier the price for the delivery of the goods before or at the time of their delivery.
Art. 14. (1) The consumer has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 7 working days from the date of receipt of the goods.
(2) The right of withdrawal under paragraph 1 does not apply in the following cases:– for the delivery of goods made to the consumer's specifications or to their individual order;
– for the delivery of goods which, by their nature, are perishable or cannot be returned, or are subject to rapid spoilage, or there is a risk of deterioration of their quality characteristics, including perfumery and cosmetic products;
(3) Where the Supplier has not fulfilled its information obligations under Art. 54 of the Consumer Protection Act, the consumer has the right to withdraw from the concluded contract within three months from the date of receipt of the goods. Where the information under this paragraph is provided to the consumer within the withdrawal period, that period starts running from the date on which it was provided.
(4) If the consumer exercises their right of withdrawal under paragraph 1, the Supplier is obliged to refund in full the amounts paid by the consumer no later than 30 calendar days from the date on which the consumer exercised their right to withdraw from the contract. The costs of returning the goods are deducted from the amount the consumer paid under the contract, unless the consumer returned the goods at their own expense and notified the Supplier thereof.
(5) The consumer undertakes to keep the goods received from the Supplier, and their quality and safety, during the period under paragraph 1.
Art. 15. (1) The delivery time of the goods and the starting point from which it runs are determined for each item separately when the contract with the consumer is concluded through the Supplier's Elly’s Supreme Taste site, unless the goods are ordered in a single delivery.
(2) If the consumer and the Supplier have not set a delivery time, the delivery time of the goods is 15 working days from the day following the sending of the consumer's order to the Supplier through the Supplier's Elly’s Supreme Taste site.
(3) If the Supplier cannot perform the contract because it does not have the ordered goods available, it is obliged to notify the consumer and to refund the amounts paid by them within 15 working days from the date on which the Supplier should have performed its obligation under the contract.
(4) In the cases under paragraph 3, the Supplier has the right to deliver to the consumer goods of the same quality and price. The Supplier notifies the consumer electronically of the change in the performance of the contract.
(5) If the right of withdrawal from the delivery contract under paragraph 4 is exercised, the costs of returning the goods are borne by the Supplier.
Art. 16. (1) The Supplier hands over the goods to the consumer after verifying that the requirements have been met and the circumstances under Art. 61 of the Consumer Protection Act exist.
(2) The consumer and the Supplier verify the circumstances under paragraph 1 in writing at the time of delivery by means of a handwritten signature, unless otherwise agreed.
(3) The consumer and the Supplier agree that the requirements under paragraph 1 and Art. 61 of the Consumer Protection Act will be met if the verification is carried out by a person who, according to the circumstances, can be presumed to pass the information on to the consumer who is a party to the contract.
VII. OTHER CONDITIONS
Art. 17. (1) The Supplier delivers and hands over the goods to the User within the period set when the contract was concluded.
(2) If the period under paragraph 1 has not been expressly agreed between the parties when the contract was concluded, the Supplier delivers and hands over the goods within a reasonable period, but no later than 2 months.
Art. 18. The User must inspect the goods at the time of their delivery and handover by the Supplier and, if they do not meet the requirements, immediately notify the Supplier.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Supplier takes measures to protect the User's personal data in accordance with the Personal Data Protection Act.
(2) For reasons of security of the Users' personal data, the Supplier will send the data only to the email address that was specified by the Users at the time of registration.
(3) The Supplier adopts and publishes on its site the Personal Data Protection Policy, available at https://www.ellystaste.com/en/privacy.
Art. 20. (1) At any time, the Supplier has the right to require the User to identify themselves and to certify the authenticity of any of the circumstances and personal data declared during registration.
(2) If, for any reason, the User has forgotten or lost their username and password, the Supplier has the right to apply the announced "Procedure for lost or forgotten usernames and passwords", available at ________________________________________________.
IX. AMENDMENT OF AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 21. (1) These general terms and conditions may be amended by the Supplier, of which the Supplier will notify, in an appropriate manner, all Users of Elly’s Supreme Taste who have a registration.
(2) The Supplier and the User agree that any addition to or amendment of these general terms and conditions will take effect with respect to the User after the Supplier has expressly notified them and if the User does not declare, within the 14-day period given to them, that they reject them.
(3) The User agrees that all statements of the Supplier in connection with the amendment of these general terms and conditions will be sent to the email address specified by the User upon registration. The User agrees that emails sent under this article do not need to be signed with an electronic signature in order to be effective with respect to them.
Art. 22. The Supplier publishes these general terms and conditions at the address general terms and conditions, together with all additions and amendments to them.
X. TERMINATION
Art. 23. These general terms and conditions and the User's contract with the Supplier are terminated in the following cases:
• upon termination and declaration of liquidation or declaration of insolvency of one of the parties to the contract;
• by mutual written consent of the parties;
• unilaterally, with notice by either party in the event of non-performance of the obligations of the other party;
• in the event of objective impossibility of either party to the contract to perform its obligations;
• upon seizure or sealing of the equipment by state authorities;
• in the event of deletion of the User's registration on the Elly’s Supreme Taste site. In this case, the sales contracts that have been concluded but not performed remain in force and are subject to performance;
• in the event of exercising the right of withdrawal under Art. 55, para. 1 of the Consumer Protection Act.
XII. OTHER CONDITIONS
Art. 24. Any invalidity of one of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.
Art. 25. For matters not settled in this contract, relating to the performance and interpretation of this contract, the laws of the Republic of Bulgaria apply.
Art. 26. All disputes between the parties to this contract will be resolved by the competent court or the Consumer Protection Commission.
Art. 27. These general terms and conditions enter into force for all Users of http://www.ellystaste.com