General Terms and Conditions
Myladiva.com , owned and managed by Ital-I EOOD, registered in the city of Sofia, UIC 130240326, with its registered office and management address in Sofia, 70B Eng. Ivan Ivanov Blvd., hereinafter referred to as the SUPPLIER , on the one hand,
and on the other hand - the person who has agreed to these "General Terms and Conditions", hereinafter referred to as the USER for short, in connection with the application and purchase of the goods offered through the online store myladiva.com.
Art. 1. THE PROVIDER provides the USER with the opportunity, subject to compliance with and observance of these "General Terms and Conditions", to purchase the products and services offered in the myladiva.com online store.
I. CHARACTERISTICS OF AN ELECTRONIC STORE
Art. 2. THE SUPPLIER , accessible at the Internet address www.myladiva.com, through which the USER has the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by myladiva.com, including the following:
(1). To register and create an account to browse myladiva.com and use the additional information services;
(2) To conclude contracts for the purchase and sale and delivery of the goods offered by myladiva.com;
(3) To make payments in connection with the contracts concluded with
(4) myladiva.com, according to the payment methods supported by myladiva.com, namely: cash on delivery, payment by bank transfer or online payment with BORICA, VISA and MasterCard bank cards.
(5) To receive information about new products offered by myladiva.com;
(6) To review the goods, their characteristics, prices and delivery terms;
(7) To be notified of the rights arising from the law primarily through the interface of the myladiva.com website on the Internet;
Art. 3. THE SUPPLIER delivers the goods and guarantees the rights of the CONSUMER , as provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
Art. 4. (1) The USER concludes a contract for the purchase and sale of the goods offered by myladiva.com through the SUPPLIER 's interface, accessible on its website at myladiva.com or another means of distance communication.
(2) By virtue of the contract for the purchase and sale of goods concluded with the USER , the SUPPLIER undertakes to deliver and transfer ownership to the USER of the goods specified by him through the interface.
(3) The USER pays the SUPPLIER a fee for the delivered goods in accordance with the terms and conditions set out on myladiva.com and these general terms and conditions. The fee is in the amount of the price announced by the SUPPLIER.
(4) THE SUPPLIER delivers the goods and services requested by the USER within the terms and conditions set by the SUPPLIER on the myladiva.com website and in accordance with these general terms and conditions.
(5) The price for delivery is determined separately and explicitly from the price of the goods.
Art. 5. (1) THE USER and THE SUPPLIER agree that all statements between them in connection with the conclusion and performance of the purchase and sale contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the USER on the site were made by the persons specified in the data provided by the USER upon registration, if the corresponding access name and password have been entered.
II. USE OF AN ELECTRONIC STORE
Art. 6. (1) In order to use myladiva.com to conclude contracts for the purchase and sale of goods, the USER must enter a username and password chosen by him for remote access, in cases where the e-shop requires registration.
(2) The name and password for remote access are determined by the USER , through electronic registration on the PROVIDER's website.
(3) By filling in his/her data and pressing the "Yes, I accept" and "Registration" buttons, the USER declares that he/she is familiar with these general terms and conditions, agrees with their content and undertakes to unconditionally comply with them.
(4) The PROVIDER confirms the registration made by the USER by sending an email to the email address specified by the USER , to which information for activating the registration is also sent. The USER confirms the registration and the conclusion of the contract by means of an electronic link in the email notifying him of the completed registration. After confirmation, an account of the USER is created and contractual relations arise between him and the PROVIDER .
(5) When registering, the USER undertakes to provide correct and up-to-date data and to promptly update the data specified in his/her registration in case of change.
(6) In case a profile on web social networks or other networks is used for the registration of the USER , the party to the contract is the person who is the holder of the profile used for the registration on the relevant social or other network. In this case, the PROVIDER has the right to access the data necessary to identify the USER on the relevant social or other network.
Art. 7. (1) The email address provided upon initial registration of the USER , as well as any subsequent email address used for the exchange of statements between the USER and the PROVIDER , is the “Primary Email Address” within the meaning of these general terms and conditions. The USER has the right to change his/her Primary Contact Email Address.
(2) Upon receipt of a request to change the Primary Contact Email Address, the PROVIDER sends a request for confirmation of the change. The confirmation request is sent by the PROVIDER to the new Primary Contact Email Address specified by the User.
(3) The change of the Primary Contact Email Address is made after confirmation by the USER , expressed through a reference contained in the confirmation request sent by the PROVIDER to the new Primary Contact Email Address specified by the USER .
(4) THE PROVIDER informs the USER about the change made, via an email sent to the Main Contact Email Address specified by the USER before making the change under para. 2.
(5) THE PROVIDER is not liable to the USER for any unlawful change of the Primary Contact Email Address.
(6) The PROVIDER may require the USER to use the Primary Contact Email Address in specific cases.
III. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALES AGREEMENT
Art. 8. (1) THE USER primarily uses the interface of the Provider's website to conclude purchase and sale contracts for the products and services offered by the PROVIDER on myladiva.com.
(2) The contract shall be concluded in Bulgarian.
(3) The contract between the SUPPLIER and the USER constitutes these general terms and conditions, available at: www.myladiva.com
(4) The party to the contract with the SUPPLIER is the USER according to the data provided during registration and contained in the USER's personal profile. For the avoidance of doubt, these are the data with which an account was created with the SUPPLIER .
(5) The SUPPLIER includes in the interface of its website technical means for identifying and correcting errors when entering information before the statement for concluding the contract is made.
(6) This contract is considered concluded from the moment of registration of the USER with the PROVIDER .
(7) The SUPPLIER shall expressly notify the USER in an appropriate manner by electronic means of the conclusion of this contract and of the conclusion of the contract for the purchase and sale of products and services.
(8) The statement for the conclusion of the contract and the confirmation of its receipt shall be deemed to have been received when their addressees have the opportunity to access them.
(9) THE SUPPLIER delivers the goods to the address specified by the USER and is not liable in the event that the data specified by the USER is incorrect or misleading.
Art. 9. The USER concludes the purchase and sale contract with the SUPPLIER according to the following procedure:
(1) Registration in myladiva.com and providing the necessary data if the USER has not yet registered on myladiva.com;
(2) Logging into the myladiva.com ordering system by identifying yourself with a name and password;
(3) Selecting one or more of the goods offered on myladiva.com and adding them to a list of goods for purchase;
(4) Provision of data for delivery;
(5) Choice of method and time for payment of the price.
(6) Order confirmation;
I V. SPECIFIC OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 10. The rules of this Section IV of these general terms and conditions apply to USERS for whom, according to the data provided for the conclusion of the purchase and sale contract or upon registration at myladiva.com, it can be concluded that they are 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. 11. (1) The main characteristics of the products offered by the SUPPLIER are defined in the profile of each product on the myladiva.com website.
(2) The price of the goods, including all taxes, is determined by the SUPPLIER on the page of each product on myladiva.com.
(3) The value of postal and transport costs, whether or not included in the price of the goods, is determined by the SUPPLIER and is provided as information to the CONSUMER before concluding the contract.
(4) The method of payment, delivery and performance of the contract is determined in these general terms and conditions, as well as the information provided to the USER on the SUPPLIER's website.
(5) The information provided to the USER under this article is current at the time of its visualization on myladiva.com before the conclusion of the purchase and sale contract.
(6) THE SUPPLIER must indicate the terms and conditions for delivery of individual goods on myladiva.com.
(7) The SUPPLIER shall indicate, prior to the conclusion of the contract, the total value of the order for all goods contained therein.
Art. 12. (1) THE CONSUMER agrees that THE SUPPLIER has the right to accept advance payment for the contracts concluded with the consumer for the purchase and sale of goods and their delivery.
(2) The USER independently chooses whether to pay the SUPPLIER the price for the delivery of the goods before or at the time of their delivery.
Art. 13. (1) THE CONSUMER has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within 30 days from the date of receipt of the goods.
(2) The USER has the right to withdraw under paragraph 1 only upon return of the product in proper commercial condition, without damaged packaging, with all available labels and without being used.
(3) The right of withdrawal under paragraph 1 does not apply to the delivery of goods unsealed by the USER ;
(4) When the SUPPLIER has not fulfilled its obligations to provide information, as defined in Art. 54 of the Consumer Protection Act , the CONSUMER has the right to withdraw from the concluded contract within a period of three months, counting from the date of receipt of the goods. When the information under this paragraph is provided to the CONSUMER within the withdrawal period, the same starts to run from the date of its provision.
(5) In the event that the consumer exercises his right of withdrawal under para. 1, the SUPPLIER is obliged to refund the amounts paid by the CONSUMER in full no later than 30 calendar days from the date on which the CONSUMER exercised his right of withdrawal from the concluded contract. The costs of returning the goods shall be deducted from the amount paid by the consumer under the contract, unless the consumer has returned the goods at his own expense and has notified the Supplier thereof.
(6) THE CONSUMER undertakes to preserve the goods received from the SUPPLIER , their quality and safety during the period under paragraph 1.
Art. 14. (1) The delivery period of the goods and the starting point from which it runs is determined for each good separately upon conclusion of the contract with the consumer through the SUPPLIER 's website, unless the goods are ordered in one delivery.
(2) In case the USER and the SUPPLIER have not set a delivery time, the delivery time of the goods is up to 10 working days, starting from the date following the sending of the USER 's order to the SUPPLIER.
(3) If the SUPPLIER cannot fulfill the contract due to not having the ordered goods, he is obliged to notify the USER thereof and refund the amounts paid by him within 30 working days from the date on which the SUPPLIER should have fulfilled his 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 and to notify the CONSUMER electronically about the change in the performance of the contract.
(5) In case of exercising the right to withdraw from the supply contract under paragraph 4, the costs of returning the goods shall be borne by the SUPPLIER .
Art. 15. (1) The SUPPLIER shall deliver the goods to the consumer after verifying the fulfillment of the requirements and the existence of the circumstances under Art. 61 of the Consumer Protection Act.
(2) The USER and the SUPPLIER shall certify the circumstances under paragraph 1 in writing at the time of delivery by means of a handwritten signature, unless otherwise agreed.
(3) THE USER and THE PROVIDER agree that the requirements under para. 1 and art. 61 of the Consumer Protection Act will be complied with if the verification is carried out by a person who, according to the circumstances, can be concluded to be the one who will transmit the information to the user - a party to the contract.
V. OTHER CONDITIONS
Art. 16. (1) THE SUPPLIER delivers and hands over the goods to the CONSUMER within the period specified upon conclusion of the contract.
(2) If the term under paragraph 1 is not explicitly agreed upon between the parties upon conclusion of the contract, the SUPPLIER shall deliver and hand over the goods within a reasonable period of time, but no later than 2 months.
Art. 17. The USER must inspect the goods at the time of delivery and handover by the SUPPLIER and, if they do not meet the requirements, immediately notify the SUPPLIER.
VI. PROTECTION OF PERSONAL DATA
Art. 18. (1) THE PROVIDER takes measures to protect the USER's personal data in accordance with the Personal Data Protection Act.
(2) For reasons of security of the USER's personal data, the PROVIDER will send the data only to the e-mail address that was specified by the USER at the time of registration.
(3) THE PROVIDER adopts and announces on its website a Personal Data Protection Policy, available at www.myladiva.com
Art. 19. (1) At any time, the PROVIDER has the right to require the USER to identify himself and to verify the authenticity of each of the circumstances and personal data declared during registration.
(2) In the event that for any reason the USER has forgotten or lost his/her username and password, the PROVIDER has the right to apply the announced "Procedure for lost or forgotten usernames and passwords", available at www.myladiva.com
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 20. (1) These general terms and conditions may be amended by the SUPPLIER , of which the latter will notify in an appropriate manner all USERS of www.myladiva.com who have registered.
(2) The USER and the PROVIDER agree that any additions and amendments to these general terms and conditions will be effective against the USER after explicit notification by the PROVIDER and if The USER did not state within the 14-day period provided that he rejects them.
(3) The USER agrees that all statements of the PROVIDER in connection with the amendment of these general terms and conditions will be sent to the e-mail address specified by the USER upon registration. The USER agrees that the e-mails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.
Art. 21. THE PROVIDER publishes these general terms and conditions at www.myladiva.com together with all additions and amendments thereto.
VII . TERMINATION
Art. 22. These general terms and conditions and the USER's contract with the PROVIDER shall be terminated in the following cases:
- upon termination and declaration of liquidation or declaration of bankruptcy of
one of the parties to the contract;
- by mutual agreement of the parties in writing;
- unilaterally, with notice from each party in case of non-performance of
the obligations of the other party;
- in the event of objective impossibility of one of the parties to the contract to perform
their duties;
- upon seizure or sealing of the equipment by government authorities;
- in the event of deletion of the USER's registration on the myladiva website. In this case, concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;
- in case of exercising the right of withdrawal pursuant to Art. 55, para. 1 of the Consumer Protection Act.
XII. OTHER CONDITIONS
Art. 23. The possible invalidity of any of the provisions of these general terms and conditions shall not result in the invalidity of the entire contract.
Art. 24. The laws of the Republic of Bulgaria shall apply to any issues not settled in this contract, related to the implementation and interpretation of this contract.
Art. 25. All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.
Art. 26. These general terms and conditions shall enter into force for all USERS on September 18, 2017.

