GENERAL TERMS AND CONDITIONS
E. MIROGLIO EAD
GENERAL TERMS AND CONDITIONS
For Use of www.dika.bg Online Store
1. GENERAL PROVISIONS
1. The present document represents the general terms and conditions, or the terms for use of a virtual platform for sale of products, www.dika.bg and its subdomains, which set out the rules for use, including contracting a sales-purchase agreement with the above mentioned Online Store. By placing an order through the website www.dika.bg, the Customer/ Consumer confirms to be acquainted with the present General Terms and Conditions and accepts such terms to be binding with regards to their relationship with the Seller, and thus commits to observe them.
2. Customer/ Consumer identification for the purpose of reproduction of their statement and acceptance of the General Terms, as well as for the order placed, is performed through the saved in log-files on the www.dika.bg,server IP address and any other relevant information.
2. DEFINITIONS
The definitions used in the present General Terms and Conditions designate the following:
2.1. Seller – E. Miroglio EAD or any partner of theirs, with registered and business address: Industrial area, post code 8800, Sliven city, Unified Identification Code 119603547, VAT Act registration No. BG119603547.
2.2. Customer – any natural or legal person, or any other legal entity that uses DiKa online store in any way, including but not limited to viewing, order placement, purchasing, return of products, and etc. A Customer may enjoy the rights of a Consumer/ User, as provided in the present General Terms, on condition that they match the definition in item 2.13 of the present General Terms.
2.3. Website – a virtual platform for sale of goods/ products, located on the domain www.dika.bg and its subdomains.
2.4. Account – a website section consisting of an e-mail address and a password, enabling the Customer/ Consumer to send the order, and which contains information about the Consumer/ Customer.
2.5. Bank – a credit institution, within the meaning of the Credit Institutions Act (CIA), which following a permit issued for banking, is entitled to open, manage and close accounts in BGN and/or foreign currency, make and receive payments, for and on behalf of the account holder, provide payment services, issue bank cards and service the payments with such cards, observing the applicable requirements, including by use of payment systems enabling remote, online or another legally regulated type of payment, allowing for authentication of the payment made.
2.6. Order – an e-document, being a communication form between the seller and the Customer/Consumer, which serves to make a purchase request to the Seller for products and services from the website.
2.7. Goods/ products and services – any subject of the sales-purchase agreement with the website.
2.8. Promotions – any commercial message aiming to promote specific products and/or services, offered in limited availability, unless the commercial notification explicitly states the opposite, for a specific time period as indicated by the Seller.
2.9. Contract/ agreement – it is the remotely contracted agreement between the Seller and the Customer/ Consumer, for the sales-purchase of products and/or services from the website, which represents an integral part from the present general terms and conditions for use of the website.
2.10. Content:
а/ All website information accessible through an internet connection or use of a device connected to the Internet.
b/ the information concerning the products and/or services and/or the applicable rates of third parties, that the Seller has contracted with as partners.
c/ Data of the seller or other information concerning them.
2.11. Refunds – the return of an amount to a Customer/ Consumer by E. Miroglio EAD, as a result of cancellation or non-performance of a sales-purchase agreement, which is performed only by bank.
2.12. Specifications – all features and/or descriptions of products and services, as indicated on the seller’s website.
2.13. “Consumer/ User”refers to the meaning as provided in the legal definition under § 13, item 1 of the Additional Provisions of the Consumer Protection Act /CPA/, and under § 6 of the Additional Provisions of the Supply of Digital Content and Digital Services and on the Sale of Goods Act /SDCDSSGA/, and designates any natural person who acquires goods or services from the online store, not intended to perform any commercial or professional activities, and any natural person, who as a party to an agreement with the seller, acts outside the scope of their commercial, economic activity, craft or profession.
2.14. Online store www.dika.bgis the online store of the seller within the meaning of §1, item 87 of the Additional Provisions of the Value Added Tax Act. The terms internet shop, online store and e-shop shall be equal in meaning.
3. ORDER
3.1. A Customer/ Consumer may place an order to the online store providing a valid e-mail address, correct address for delivery of the products, contact details – name and surname and phone number.
3.2. The Customer/ Consumer shall ensure and bear responsibility that all data submitted to the seller for the finalized order be correct, complete and accurate as of the date the products are sent.
3.3. Each item added to the Consumer’s cart, commodity and/or service, shall be accessible for purchase within the indicated stock quantity. The addition of an item and/or service in the cart does not result in registration of the order and automatic booking of the commodity/service in the cart. The order is sent to the seller after clicking the “Add to Cart” button, and the website uploads the complete information about the specific order (items added to the cart, date and delivery address). This action is legally binding for the Customer/Consumer and the seller. The Customer/ Consumer receives an e-mail from online.bulgaria@dika.com with an order confirmation, thus confirming the contract was concluded. The place of contracting the agreement is the seller’s business address, and the date of contracting – the date the order confirmation is sent by the seller. The place of delivery of the items shall be a location on the territory of the Republic of Bulgaria, as indicated by the Customer/ Consumer. No agreements are contracted or performed with place of delivery outside the territory of the Republic of Bulgaria.
3.4. “E. Miroglio” EAD shall not be liable in case the Customer/ Consumer does not receive a confirmation e-mail due to providing an incorrect e-mail address, or any reason originating from the digital system where the mailbox of the Customer/ Consumer is registered. The e-mail order confirmation shall indicate the items ordered, the purchase order number and the date the order was placed.
3.5. By sending the order, the Customer/Consumer allows the seller to contact the former using any of the contacts provided by the Customer/Consumer, when this is required in connection with the order placed, or the agreement contracted. To contact the Customer/Consumer, the seller may use third parties, including their commercial agents or assistants/ call centers, and etc.
3.6. The seller shall be entitled to refuse to perform and/or otherwise cancel an order already placed by the Customer/ Consumer, with the due notification to the Customer, if the amount for the items ordered has not been received on the seller’s account, in the case of e-payments, or when the data provided by the Customer/ Consumer to the website are incomplete and/or incorrect. In such cases, the cancellation of a placed order will not result in any responsibility or liability for neither party, therefore no compensation can be claimed by either of them.
3.7. The seller reserves their right to unilaterally terminate the agreement with the Customer/ Consumer by means of an email message sent from: online.bulgaria@dika.com to the provided by the Consumer email address, in case that all or part of the ordered items are out of stock or cannot be delivered due to other reasons, which are beyond the seller’s control. In case the items ordered are out of stock, the seller shall notify the Customer/ Consumer by email to the provided by the Consumer email address, within 5 (five) business days. In the event of a payment already made to the seller’s account, the Customer/ Consumer may send an email to online.bulgaria@dika.com, and choose to be refunded, or pick other available items, as the amount already paid will be deducted from the new amount due.
3.8. An item, purchased from the online store may be replaced with another, or exchanged at a physical sales point with the trade mark DIKA, or sent to the seller’s central warehouse, to the address as provided further in the same clause of the General Terms, at Customer’s expense within 14 (fourteen) days from the goods receipt. The items must be accompanied with the receipt or invoice, in the condition as they were received, with the original labels and packaging, clean and/or with no traces from cosmetic products.
In case that the Customer/ Consumer wants to change the size of the item ordered, the Customer/ Consumer shall fill out a “Product Return/ Replacement Form”, available at: https://dika.bg/bg/terms/returns. The replacement shall be made within 7 (seven) business days from the date the Item replacement form was submitted, if the requested size is available. If the option for replacement in the form is not ticked (selected), it is intended that the items are due to be returned.
In case that the Customer/ Consumer wants to replace the item for another model, they shall submit a “Product Return/ Replacement Form”, available at https://dika.bg/bg/terms/returns. The replacement shall be made within 7 (seven) business days from the date of form submission, if the new item/ size is available. In case the replacement is with an item with higher price, the Customer/ Consumer shall pay the difference upon submission of the form, or at latest – within the date of delivery of the replaced item. In case the replaced item is at a lower value, EE. Miroglio EAD shall not be due to pay the difference in price between the initially purchased and the replaced item.
All transport charges for return or replacement shall be borne by the Customer/ Consumer. The items shall be returned with a proof of delivery, otherwise E. Miroglio EAD shall not be liable for lost goods. The items shall be returned to the following address:
E. Miroglio EAD– Office DIKA
INTERPRED BOYANA
Res. area Manastirski Livadi, 7 Spas Sokolov St
Sofia city, Bulgaria
3.9. Refund for products returned to the central warehouse to the address under item 3.8., shall be made by bank transfer within 14 (fourteen) business days from the date of receipt of the products in the central warehouse. The bank account details, where the refund is to be paid, should be filled in the return form. E. Miroglio EAD shall not be responsible, if the indicated bank account is incorrect. In case of a card payment and a requested refund, the amount will be paid to a bank account, as indicated by the Customer/ Consumer in the Return/ Replacement form. All bank charges for the refund shall be borne by the Customer/ Consumer. In case that the Customer/ Consumer has asked the issue of invoice for the item due to be refunded, the amount will be returned to the bank account of the person invoiced.
3.10. In case that an ordered and prepaid by the Customer/Consumer product and/or service, cannot be supplied by the seller, that latter shall inform the Customer/ Consumer about such fact, and make a refund to the Customer’s/ Consumer’s account within 7 (seven) days from the date the seller became aware of that fact, or the date on which the Customer/ Consumer has explicitly requested to terminate the agreement.
3.11. The Consumer shall be entitled to refusal pursuant to art.50 of the Consumer Protection Act. The Consumer may refuse the order placed, without indicating the reason. Refusal of an order may be communicated by phone, or email to: online.bulgaria@dika.comwithin 14 (fourteen) days from the date of receipt of goods. In order the refusal to be valid, the Consumer shall submit: the order number, phone number indicated in the order, their name and surname as registered in the website, email address of registration, the order value, as well as fill out a Return Form available at https://dika.bg/bg/terms/returns. The charges for the return shall be borne by the Consumer. The Seller will not refund the additional expenses of the Consumer, as provided in art. 54, paragraph 3 of the Consumer Protection Act. The Customer has the obligations as provided in art. 55 of the Consumer Protection Act. The goods shall be returned within 14 (fourteen) days from the date the Consumer communicated their refusal to the Seller, to the following address:
E. Miroglio EAD– Office DIKA
INTERPRED BOYANA
Res. area Manastirski Livadi, 7 Spas Sokolov St
Sofia city, Bulgaria
3.12. The Seller shall be obliged, within the framework of a legal guarantee for conformity of goods, to supply goods to the Consumer according to the specification, as provided in the online store and the Order, placed by the Consumer. The Consumer may submit a claim, if the purchased goods are not consistent with the contracted between the parties in the agreement. The discrepancy in the agreed between the parties may include:
а/ production faults of the items;
b/ underdelivery;
c/ delivery of products different from the ordered;
d / discrepancy in terms of stated size and/or colour of the product delivered, sent in a different colour and/or size from the ordered;
e/ damaged during transportation.
3.13. The claim may be made to E. Miroglio EAD to the indicated contact details in item 10 of the present General Terms and Conditions, as at the same time, the Consumer shall return the goods to the indicated in item 3.8 and 3.11 address, within 14 (fourteen) days from its receipt.
3.14. In case of claim, the Consumer may choose to receive an item without faults, another size or colour, or return the products against refund. A consultant from the online store may offer a replacement with one or more items at the price of the purchased product or with a new item. The Consumer shall pay the difference in price, if the other item is more expensive, or the Consumer will be refunded with the difference, in case that the new item is with lower price than the one paid originally.
3.15. In all cases of replacement of products, the transport charges shall be borne by the Customer/ Consumer – in both directions, unless the replacement is made by the Seller’s fault, due to discrepancy of the product with the specifications as described in the online store, or the Consumer’s order. In case that the Customer/ Consumer wants to return/ replace a product, they may proceed with the selected by them courier at the terms as provided in item 5.8. of the present General Terms and Conditions.
3.16. In the cases where the Seller offers a commercial warranty for the product purchased, the Customer/ Consumer will receive with the delivery the warranty card with the terms of the commercial warranty offered. The commercial warranty shall not affect the remedies of the Consumer under item 3.2. through item 3.14, as above, with regards to the legal warranty for goods compliance.
4. PAYMENT
4.1. The Customer/ Consumer shall pay the full price of the goods, as indicated on the Seller’s website. No partial payments are acceptable. In case that the Customer/ Consumer pays only part of the stated value of the item, it shall be deemed that they have dropped the agreement, and the amount paid will be returned to the Customer/ Consumer at their expense.
4.2. The price of the products, which the Customer/ Consumer shall pay when placing an order, is the price indicated on the website at the moment the order is sent by the Customer/ Consumer to the Seller through the website, except for the cases of error in the price determination, due to the functionalities of website (“bug”). If there is a bug, an error in the price of the goods ordered, E. Miroglio EAD shall promptly inform the Customer/ Consumer, and give them the opportunity to confirm the order with the correct price or cancel it. If no reply is received by the Customer/ Consumer, due to incorrect contact details provided, or no reply within 5 (five) days from the phone call or email sent by E. Miroglio EAD informing about the error in the price, the order will be considered cancelled and all amounts paid will be refunded to the Customer/ Consumer in full. By submitting an order and accepting the present General Terms, the Customer/ Consumer is informed and agrees that E. Miroglio EAD is not obliged to supply any product at the incorrect lower price, resulting from an error in the website functionality (“bug”), including in the cases when the Customer/ Consumer has received a confirmation for the order placed.
4.3. By submitting an order and accepting the present General Terms, the Customer/ Consumer is informed and agrees that the prices of the products and services for supply on the website may be changed at any time by the Seller. However, except for the cases of an error (“bug”) in the price, within the meaning of item 4.2. of the present General Terms, the changes in the price of the products and services for supply, purchased through the website, will not affect the orders for which the Customer/ Consumer has already received an order confirmation.
4.4. The payment is deemed to be made when the amount is received to the seller’s bank account (in case of payment by bank) within 3 (three) days, confirmed by the bank, or upon handing in the amount to the courier (in case of cash on delivery).
4.5. The payment terms shall be indicated by the Customer/ Consumer upon submitting the order to the seller.
4.6. The payment charges shall be borne by the Customer/ Consumer.
4.7. The payment for the ordered products can be:
- bank card payment to the seller’s account by use of a payment system and/or payment service;
- payment at receipt of the delivery by courier at “cash on delivery” terms.
Notwithstanding the payment method selected, the quoted price of the product does not change, and no additional fees are charged for payment processing.
4.9. The bank fees for the payment of the price and transport charges for delivery of the goods are not included in the price, and shall be borne by the Customer/ Consumer. Prior to order shipment, the Customer/ Consumer receives a notification, whether any additional payment is due.
4.10. The seller shall be entitled to progressive decrease of the product prices pursuant to art. 65 (5) of the Consumer Protection Act.
5. DELIVERY OF GOODS
5.1. The deliveries are made using courier company “Speedy” /hereinafter courier or the courier/ on the territory of the Republic of Bulgaria.
5.2. Only successfully registered and confirmed orders shall be delivered. The goods will be picked up by the courier for delivery to the respective address, and the waybill shall be considered proof of delivery of the goods.
5.3. The delivery term for an order after its receipt from the customer is 2 (two) to 6 (six) business days. During campaigns (BlackWeek, BlackWeekend, Christmas holidays, March 8th, and etc.), the delivery term may be extended. In all cases, the delivery term after the receipt of the customer’s order, will be no more than 14 (fourteen) days.
5.4. The cost of delivery shall be paid by the Customer/ Consumer, as follows:
а/ delivery to store “DiKa” – BGN 0.00.
b/ delivery to an office of courier company “Speedy”, or to customer’s address:
* For orders up to BGN 100.00:
- BGN 7.90 for parcels delivered to a Speedy office;
- BGN 9.90 for parcels to an address indicated by the Customer/ Consumer
* For orders over BGN 100.00 – BGN 0.00.
5.5. Orders requested by the Customer/ Consumer to be delivered to a Speedy office will be stored in the office of the courier for 10 (ten) days from the date they were sent. If the shipment is not collected within the indicated deadline, E. Miroglio EAD shall deem the agreement terminated by the Customer/ Consumer.
5.6. In case that the Customer/ Consumer re-directs the delivery of the goods to an address, different from the one originally indicated in the order, the additional transport costs for re-directing the shipment, shall be at Customer/ Consumer’s expense. If the delivery is re-directed to another address by fault of the seller, the additional transport charges will be paid by the seller.
5.7. A Customer/ Consumer may indicate another courier for the delivery, in field “Notes” of the order form. In this case, the terms defined by the chosen courier shall apply to the transport charges, and they will be at Customer/ Consumer’s expense, and pursuant to art. 103c(в), paragraph 2 of the Consumer Protection Act, the risk of loss will be transferred to the Consumer, after the goods are handed to the chosen by the Consumer courier. In case of loss or damage of the goods, in this scenario, the Consumer shall place their claims with the courier.
6. PERSONAL DATA SUBMISSION, PROCESSING AND PROTECTION
6.1. E. Miroglio EAD, in its capacity of personal data administrator, within the meaning of the legislation in force, collects personal data of natural persons, who visit the online store DIKA website, and in this regard, the company commits to ensure the confidentiality and protection of the personal data provided by the Customers/ Consumers through the online store DIKA.
E. Miroglio EAD Confidentiality Policy, in general sets out the personal data collection mode, the use, the terms and conditions which regulate the disclosure to third parties, and data storage.
6.2. Each Customer/ Consumer who uses the website for the services provided, is deemed to be aware of this policy and commits to observing it.
6.3. Type of personal data collected:
E. Miroglio EAD collects only those personal data of the Customers/ Consumers which are appropriate, necessary, related to the purposes for which they are processed (“reduce data to the minimum”), which do not include special category of personal data (“sensitive data”). The personal data collected include the name, address, email address, phone number and the IP address.
6.4. The personal data collected by E. MIROGLIO EAD relative to the services provided through online store DIKA website, are at all times processed solely for the specific purpose, they were provided for by the customers/ consumers.
6.5.E. MIROGLIO EAD, while processing the provided to them personal data, ensure an appropriate security level and protection against unauthorized or illegal processing, loss, destruction or damage, by implementing proper technical and organizational measures.
6.6. Grounds for personal data processing
E. MIROGLIO EAD process personal data lawfully, because the said data is provided by the customers in connection with the goods and services offered by this website, within the framework of a sales-purchase agreement, or when it is necessary to apply the terms for use of the platform/ website of online store DIKA. The main reason for personal data processing are actions required under a sales-purchase agreement contracted, when the customers make purchases, when registering in the website of the online store DIKA, and/or when any other of our services or functions are used. Although there are also other reasons for the administrator to process them, for example to reply to customers’ inquiries, or on the grounds of the consent they give to receive advertisements.
6. 7. Purposes for personal data processing.
E. MIROGLIO EAD process its customers’/ consumers’ personal data:
- for administration of the users’ registration at the online store;
- for successive development, execution and performance of the sales-purchase agreement, which is concluded between the administrator and the customers through the online store’s website;
- for provision of information directly connected to the goods requested by the customers;
- for receipt of advertising messages for our offers/ suggestions/ items directed to the customers;
- when remarketing used through trusted website, including Facebook;
- when E. MIROGLIO EAD surveys its customers’ opinion regarding the products offered;
- when statistical or other analyses are performed of the services provided by the online store;
- for notifications about changes in the General Terms, Confidentiality Policy or our services.
6.8. Personal data collection mode.
The Customers/ Consumers provide their personal data voluntarily when using our website www.dika.bg. For example, when an inquiry is sent for a specific item or service, or during the process of ordering the offered by E. Miroglio EAD products, through DIKA online store, and more specifically, when the Customer/ Consumer enters their personal data, which is the condition to access specific functions or a service on the platform. The specified fields, indicated as compulsory, are the information needed by the administrator for contracting a sales-purchase agreement, for the delivery of goods and exercise of the rights of the parties to the agreement.
By providing the personal data under the foregoing paragraph, the user consents to receiving by email, an order confirmation and information about the order delivery by courier.
The user’s personal data are used exclusively for the purposes of administration of the specific order.
When the user has granted their consent to receive advertising messages, they agree to receive emails with current promotions, commercial offers.
6.9. Personal data term of storage
E. MIROGLIO EAD, as an administrator, shall undertake any actions necessary for the protection and keeping of the personal data for the time of their storage, insofar as, and until it is required for the specific activity, they were submitted for, as provided in the applicable and regulations in force in the Republic of Bulgaria and the European Union, but no more than the legally stipulated time period. After the expiry of the term of storage, the customer’s personal data are destroyed.
The data submitted for marketing purposes, are stored until the users inform that they do not wish to receive the respective information anymore. After the goals of the data processing are achieved, the administrator destroys the personal data.
6.10. Access to the personal data provided by the users
E. MIROGLIO EAD, as a personal data administrator, commits to not sell, submit, or disclose to third parties for marketing purposes, the personal data provided. Access to those data shall be granted only to duly authorized individuals.
Information about its users’ personal data, E. MIROGLIO EAD submits to third parties – service suppliers, subcontractors, and other related entities, only for the purpose of performance of actions connected to the provision of services to the Customers/ Consumers, for which the latter have given their explicit consent.
The user’s personal data, until the date they are destroyed, will not be provided to third persons without the user’s prior consent, unless this is required by a legal act, or lawful order by a public body of authority. Nevertheless, when third parties are used, only the personal data necessary for performance of the service, will be disclosed. The third parties – recipients, which E. MIROGLIO EAD works with, are predominantly suppliers of services by which the company provides the purchased by the customers products. Such third parties will use the personal data submitted to them in order to provide information and perform their obligations, arising from the agreements contracted with them.
The provision of personal data to state authorities may be done only in the cases as provided by law, and to the extent not exceeding the purposes for which they were requested.
The employees of www.dika.bg guarantee and are obliged to keep confidential the users’ personal data.
6.11. Right to access to, correction or deletion of personal data
The Customers/ Consumers shall have the right at any time to request:
1.Access to their personal data, collected during the process of supply and use of the services, including: confirmation whether we process the provided personal data, what categories of data they are, the purposes for processing, and the recipients to whom the data are being disclosed.
2. Correction of the personal data provided by the customers/ consumers, when they are incorrect.
3. Deletion of the personal data, when they are not required anymore for the purposes they were collected, or otherwise processed, and there is no other legal grounds for their processing, except for the consent given for their processing, as well as when the said data have been processed unlawfully. The withdrawal of the consent will not affect the lawfulness of processing, based on the consent granted prior to its withdrawal.
6.11.The performance of the foregoing actions - granting access to, correction or deletion of the personal data, will be possible only through a written application/ request addressed to the Administrator, which shall contain:
1.Name, address and other identification data of the respective natural person;
2.Description of the request;
3.Preferred form of information provision;
4.Signature, date of application, correspondence address and phone number;
5. A Power of Attorney, certified by a notary, when the application/ request is submitted by an agent.
The application/ request shall be sent to the administrator’s location by registered mail or a courier.
The administrator will notify the applicant for the decision to perform the requested action, or the refusal, within one month after the application/ request is received. The notification will be sent by registered mail, and may be received personally against signature.
6. 12. Right to objection.
In the provided by law cases, the Customer/ Consumer shall be entitled to:
item 1. Submit an objection to the administrator against the processing of personal data concerning them, if any legal ground exists for that. When the objection is well-grounded, the respective person’s personal data, thereafter shall not be further processed.
item 2. Object against the processing of personal data for direct marketing purposes;
item 3. Be informed prior to disclosing their personal data for the first time to third parties, or used on your behalf for the purposes under the foregoing paragraph of this clause, enabling you to object against such disclosure or use.
item 4. Every user may file a claim against the processing mode of their personal data by contacting us at cell: 0882 477802.
item 5. In all cases, when the Customer/ Consumer thinks that their personal data are being processed unlawfully, and the reply does not satisfy the application/ request sent, the Customer/ Consumer may address the competent authority on personal data protection – Personal Data Protection Commission. The Personal Data Protection Commission is the supervising body exercising legal control over personal data processing. The Customer/ Consumer may address the Personal Data Protection Commission at:
-Personal Data Protection Commission email address: kzld@cpdp.bg;
-Correspondence address: Sofia 1592, 2 Prof. Tsvetan Lazarov St;
-Phone number – Register Office: 02/91-53-525.
6.13. For any questions related to this policy, please contact us by email at online.bulgaria@dika.com.
6.14. COOKIE POLICY
Cookies are small text files with a unique number, stored in the browser directory of the Customer/ Consumer’s PC or a mobile device. They are created when you use your browser and visit a website which uses cookies. Cookies are most commonly used to save information related to the visit or use of the website by the Customer/ Consumer/ User, as for example saving of data provided, visited pages, preferences for website customization, and etc.
There are two types of cookies – persistent/ permanent, functional or required, and temporary (session) cookies.
6.14.1.Session cookies are temporarily stored on the Customer/ Consumer’s device, while browsing the website, but deleted at the moment the webpage is closed.
6.14.2.The persistent (required) cookies are stored as a file on the PC or mobile device of the Customer/ Consumer for an extended period of time. These cookies are connected to the correct functioning of our website. They cannot be deactivated without suspending your access to the online store. With the exception of the cookies required for the correct functioning of the website, we store cookies on the device of the Customer/ Consumer only with your consent.
6.14.3.We use cookies, and the information collected by them, for the purpose of optimization and ensuring a full and high-quality use of the functionalities of the online store, including for authentication, security features improvement, the customer/ consumers’ preferences recognition, for data analysis, personalized content, behavioral advertising, settings storage, monitoring, as well as for accomplishing satisfaction of the broadest spectrum of consumer needs and requirements.
6.14.4.By visiting the website, the Customer/ Consumer agrees that the Seller has the right to place cookies, as well as use the information generated by such cookies, and provide it to third parties.
6.14.5.The Customers/ Consumers may refuse the storage and/or access of the cookies selected by them, by changing the cookie settings in their browser. The Customers/ Consumers should be aware that by limiting the allowed cookies, they may lose access to quite a few features of the website and online store. The restriction of cookies may affect some website and online store functionalities.
6.14.6. By visiting the website, the customers/ consumers agree that some types of cookies are strictly necessary for the correct functioning of the website and the online store, as well as the functionality of the services they have activated, and they cannot reject such cookies.
6.14.7.USE OF COOKIES BY THIRD PARTIES
The Seller shall not be responsible for the content or use of the cookies, placed on the devices of the customers/ consumers by third parties, nor the change of type or number of such cookies.
For more information or questions regarding the cookies used by third parties, we recommend that you send direct inquiries to the respective third parties and become acquainted with their use-of- cookies policies.
6.14.8. The information collected through cookies, will be used only for the purposes as described herein, as well as within the allowed limits according to the applicable Bulgarian legislation concerning the personal data protection.
7. GENERAL PROVISIONS
7.1. In the description of products in the online store, the commonly known words and phrases are used, providing information about the type of product, its designation/ use and features.
7.2. All the items, including the ones in promotion and/or discounted, will be delivered until running out of stock, even if this is not explicitly stated on the website.
7.3. E. Miroglio EAD General Terms regarding DIKA online store, shall be compulsory for all Customers/ Users of the website.
7.4. Anu use of this website implies that the Customer/ Consumer has read carefully the General Terms and agrees to observe them unconditionally.
7.5. The General Terms may be changed unilaterally by E. Miroglio EAD at any time, by publishing such changes in the website. These changes shall enter in force immediately, and shall be compulsory for all Customers/ Consumers.
7.6. E. Miroglio EAD shall be entitled to make changes to the terms of use at any time, at its discretion, or if imposed pursuant to an enforced legal act/ regulation. It is possible that such changes be retroactive with regards to already confirmed and/or supplied orders, if provided in the law.
7.7. If any clause of the of General Terms for use of the website proves to be invalid or inapplicable, regardless of the reason, such invalidity or inapplicability won’t affect the rest of the provisions.
7.8. By registering an order on the website, the Customer/ Consumer agrees, by phone or e-mail, to receive the respective product or service from the seller against payment.
7.9. The sales-purchase agreement, contracted between the Customer/ Consumer and the Seller, comprises the present general terms and the provided by the buyer information to the website.
7.10. The Customer/ Consumer has the right to only one registration and one user account in the website. The customer may contact E. Miroglio EAD at the indicated in section “Contact details”, through the website or by phone.
7.11. The Customer/ Consumer shall not have the right to use another registered user’s account, or give their account to third persons. They shall not deliberately create other registration accounts for the purpose of misuse of the website features, or other customers/ consumers, or pretend to be another Customer/ Consumer.
7.12. The communication with the seller may take place through direct contact, using the contact information in Section 10 of the present General Terms, or at the indicated on the website addresses in section “Contact details”.
7.13. E. Miroglio EAD may publish, on online store DIKA webpage, advertising or promotion information about the products and/or services, and/ or the offered by them or partners of theirs promotions, for a specific time period, as well as information about the stock availability, in conformity with the laws in force.
7.14. All prices of the products and/or services on the website are final, indicated in BGN currency (Bulgarian Lev), inclusive of all taxes and charges, as required by law.
7.15. In case of online payments or by bank, the seller shall not be liable for any charges or fees, commissions, or additional payments incurred by the buyer, relative to the transaction itself, as well as in the cases of currency exchange, applied by the bank that issued the customer’s card, in the cases when the currency is different from BGN. The expenses related to such payments shall be borne solely by the Customer/ Buyer.
7.16. The seller shall be entitled to use subcontractos for the provision of the services offered on the website, without the need to inform or receive the buyer’s consent.
7.17. The seller shall guarantee to its customers/ users, confidentiality of the information and personal data provided. The latter shall not be used, submitted or disclosed to third parties, except for the cases and at the terms as indicated in the present General Terms and the laws in force.
7.18. All copyright and intellectual rights over the website, the images, design, names, trademarks and other, are property of E. Miroglio EAD. By accessing and/or use of the website, the User/ Customer, or any person visiting the website, does not receive the right, nor permission to use the copyright or intellectual rights of E. Miroglio EAD.
7.19. By using the website, the user/ customer and any visitor of the website does not receive the right to copy, borrow or otherwise use any images/ photos, trademarks or names, even if for personal use.
8. FORCE MAJEURE
8.1. The parties shall be released from performance of their contractual obligations in the event of force majeure pursuant to art. 306, paragraph 2 of the Commercial Act.
8.2. In the event that the force majeure extends for more than 14 (fourteen) business days, each party shall be entitled to notify the other, that it terminates the agreement, without being liable to pay damages to the other party.
8.3. The performance of a seller’s obligation to supply goods, receive returned products, or make a refund to the byer by bank, shall be deemed as affected by a force majeure, when for the carrier of the goods /including when given to a courier company/, or the payment system operator there is a force majeure. The same rule applies to the buyer, when the operations of the person executing supplying or acceptance of returned items, or the payment system operator for the payment of the value, is affected by a force majeure.
9. OTHER PROVISIONS
9.1. The agreement between E. Miroglio EAD and the customer shall be governed by the Bulgarian laws.
9.2. The language of the agreement is Bulgarian.
9.3. All disputes between the parties shall be settled by negotiation and goodwill. Pursuant to Directive 2013/11/EU, the consumer is enabled to use the Alternative Dispute Resolution procedure within the European Union. If a dispute may arise regarding a purchase made online, you may submit an application/ request to the following web address for an out-of-court dispute settlement.
9.4. In case that an agreement cannot be reached, all pending disputes,, including such concerning its interpretation, invalidity, performance or termination, as well as disputes on filling the gaps in the agreement, or its adaptation to new circumstances, shall be resolved by the competent court of jurisdiction by registered seat of the TRADER, according to the Bulgarian legislation.
10. CONTACT DETAILS/ CORRESPONDENCE INFORMATION
10.1. The Customer/ Consumer may contact the Seller using the following contacts:
Email: online.bulgaria@dika.com
Ph. 00359 882 477 802
Address: Sofia, res. area Manastirski Livadi, 7 Spas Sokolov St
Website: https://www.dika.bg
Inquiries shall be sent using the Inquiry formon the website.