Wherever used in these General Terms, unless the context requires otherwise, the following capitalized terms should have the following meanings:
Studio Beata – Studio Beata Ltd („Студио Беата“ ЕООД), a sole owner limited liability company, organized and existing under the laws of the Republic of Bulgaria, registered with the Commercial Registry at the Registry Agency, Uniform Identification Number (ЕИК) 202771356, having its seat and registered address at 7 Orel Str., apt. 8, Lozenets Region, 1407 Sofia, Bulgaria.
Website – any web page published under the domain www.beatap.com as well as under any sub-domains of the latter.
Customer – a natural person who has acquired access to the Website.
Product – an item which is offered for sale on the Website and may be purchased by the Customer.
Services – commercial services provided at the Website which enable the Customer to purchase any Products by using only electronic means, including means of distance communication.
Account – an electronic record kept by Studio Beata for each Customer, registered at the Website, comprising any and all data with respect to the Customer provided by the latter, as amended and supplemented from time to time, the access to which is performed through username or e-mail and password.
General Terms – the present General Terms of website use and purchase of products.
Cart – an electronic tool, available at the Website, enabling the Customer to reserve one or more Products which he/she intends to purchase.
Purchase Agreement – any agreement for sale and purchase of Product(s) concluded between Studio Beata and the Customer through the Website.
Content – any and all static images, dynamic images, descriptions, text and/or multimedia as well as any other elements published on the Website or contained in any email or other communication sent by Studio Beata to the Customer, concerning the Products or related to Studio Beata.
Cookies – small text files that are stored in order to maintain the Customer’s session (after logging in to the Account), so that the Customer does not need to write his/her username or email and password on every web page of the Website; to create viewing statistics; to display on-line advertisements the content of which is as close as possible to the interests of the Customer.
Personal Data – any information relating to an individual who is identified or identifiable, directly or indirectly, by reference to an identification number or to one or more specific features.
The present General Terms regulate the relationship between Studio Beata and the Customer arising out of or in relation to the use of the Website and the Services unless where a special written agreement exists between the respective parties.
3. General Conditions for Use of the Website
3.1. These General Terms are binding for all Customers of the Website. By visiting the Website the Customer agrees and accepts that the use of the Website and the Services should be performed in compliance with the provisions of the present General Terms.
3.2. The registration on the Website is voluntary and free of charge and the Website and the Services might be used by the Customer even if the latter is not registered on the Website. The registration facilitates the Customer upon making subsequent orders through the Website.
3.3. The Customer may register at the Website by his/her wish upon submitting a purchase order for a Product. For that purpose the Customer should specify his/her email address and set a username and a password. The registration at the Website is completed with the confirmation of the order by the Customer and the conclusion of the relevant Purchase Agreement pursuant to the terms of Art. 4 below. The creation of the Customer` s Account is confirmed by an e-mail, sent by Studio Beata to the Customer.
3.4. The Customer undertakes to provide accurate, correct, complete and up-to-date data during registration. In the event of any subsequent changes to the provided data, the Customer should immediately update such information by amending accordingly the data kept under his/her Account.
3.5. The Customer should not have more than one Account assigned to a single e-mail address. The Customer should not use the Accounts of other Customers or share his/her Account with other persons.
3.6. The Customer should keep the password to the Account confidential. The Customer shuold immediately notify Studio Beata if his/her Account has been accessed by third parties and explain the circumstances related to such access. The Customer` s Account is personal and not transferable.
3.7. The Customer undertakes to use the Website and the Services in compliance with the laws of the Republic of Bulgaria, the ethical standards, good moral standards, the principles and objectives of the Website.
3.8. The Customer should immediately notify Studio Beata for any event of violation within the meaning of the preceding Art. 3.7., committed by him/her or by any third party, which has come to his/her knowledge.
3.9. The Customer may at any time request that his/her Account is deleted.
3.10. Studio Beata should be entitled to limit the access of the Customer to the Services, as well as to delete his/her Account in the event of a material violation of the provisions of the General Terms committed by the Customer.
3.11. In case that the Customer` s Account is deleted as provided in Art. 3.10. above, the Customer may not continue to use the Services, or proceed to a new registration on the Website without the prior consent of Studio Beata thereof.
3.12. For the avoidance of any doubt, the deletion of the Customer` s Account should in no case release the Customer from any of his/her outstanding obligations under any already concluded Purchase Agreement.
4. Terms for Purchase of Products. Orders
4.1. The Products offered for sale at the Website include clothes and accessories, manufactured by Studio Beata. The Products are classified in separate categories by type. The essential characteristics of each Product are provided in the description of the latter available at the Website.
4.2. Studio Beata reserves the right, upon presentation of a certain Product at the Website, to use images which include also other Products not included in the price of the presented Product, as well as accessories which are not offered for sale at the Website. In any case the text to the image explicitly specifies which the Product offered for sale is.
4.3. Orders for Products may be submitted only through the Website and only by natural persons who are eligible to enter into binding agreements under the applicable law.
4.4. In order to purchase a Product, the Customer should press the “Buy” [„Купи“] button, located in the description section of the Product and thus adds the Product to the Cart. When the Customer is done browsing Products and he/she wishes to finalize the order, the Customer should press the “Continue with the Order” [„Продължаване с поръчката“] button.
4.5. At this stage, in case the Customer has already been registered on the Website, he/she should enter into his/her Account, provided he/she has not done this earlier. If the Customer does not have an Account, he/she should fill in his/her details necessary to complete the order, namely: name and surname, geographical (postal) address, e-mail address and telephone number.
4.6. In case the Customer wishes the ordered Products to be delivered to another person and/or address, the Customer should enter the relevant data in the respective field, which will open upon selecting this option.
4.7. For the avoidance of any doubt, in all cases the Customer through whose Account the order has been made; respectively the one, whose personal details are entered into the field “Your data” [„Вашите данни“], where as of the moment of submission of the order the Customer does not have a registered Account, should be deemed buyer under the Purchase Agreement.
4.8. After entering all necessary information the Customer should select one of the available payment methods as specified in more details in Art. 6.3. below.
4.9. The Website provides for certain technical means for establishing and correcting any incorrect data provided by the Customer, before finalizing and submitting of the purchase order.
4.11. By submitting his/her purchase order the Customer agrees to receive newsletters or other advertising materials distributed by Studio Beata electronically to the e-mail address specified for the purposes of the order. The said advertising materials are related to the online shop, they are developed for the convenience of the customers of Studio Beata and are distributed free of charge. They contain information on the latest promotions and offers of Studio Beata. The Customer may at any time unsubscribe from receiving such advertising communications by clicking on the appropriate Internet connection (link), which is located at the bottom of each received message.
4.12. The Purchase Agreement is considered concluded as of the moment of the submission of the order by the Customer and provided the latter is not rejected for any reason whatsoever by Studio Beata. The submission of the order is subject to confirmation by Studio Beata via an e-mail containing the data necessary for performance of the order.
4.13. By accepting these General Terms, upon submitting his/her purchase order the Customer agrees that the present General Terms, available at the following address: www.beatap.com should apply to such order and therefore form an integral part of the concluded Purchase Agreement. Information on each submitted purchase order is kept under the Account of the Customer.
4.14 The Purchase Agreement is concluded in Bulgarian or English language, depending on through which language version of the Website the order is submitted.
4.15. The Customer agrees that Studio Beata is entitled to contact him/her by sending an e-mail or in any other way in relation to the confirmation or any other circumstances related to the performance of any Purchase Agreement.
5. Availability of Products
5.1. Studio Beata makes every effort to ensure that the Customers are able to purchase the Products which they have ordered.
5.2. In case Studio Beata cannot process any order because the Product is not available, Studio Beata should immediately notify the Customer thereof. In such case Studio Beata refunds the Customer the full amount paid by the latter under the Purchase Agreement. Where only some of the ordered Products are not available, the order with respect to the available Products will remain valid.
6. Prices and Payment Methods
6.1. The price of a Product is provided in the description of the respective Product and includes VAT and any and all other taxes and fees required by virtue of law. The prices do not include transportation and delivery costs. Where the payment method chosen by the Customer is a bank transfer as per Art. 6.3 (b) below, the Customer may be incurred additional bank fees, the amount of which varies depending on the respective bank and is not specified on the Website.
6.2. Studio Beata reserves the right to change prices at any time. In any case, the price specified on the Website as of the moment at which the Customer adds the respective Product in the Cart is the price which he/she is obliged to pay.
6.3. The amount due under any Purchase Agreement may be paid by any of the following payment options:
(a) online via PayPal (using a credit card, a debit card or a micro account);
(b) via direct bank transfer to the bank account of Studio Beata specified on the Website upon finalization of the order; or;
(c) via cash on delivery.
6.4. Where the Customer has chosen to pay online using PayPal, he/she will be automatically redirected to the web page of his/her PayPal account and will be asked to fill-in the required payment details for the purpose of effecting the payment due to Studio Beata under the respective order. If the payment is not performed at this moment for any reason whatsoever, including where the payment is not authorized by the Customer` s bank, the order submitted by the Customer is canceled and none of the parties should have any further obligations with respect to the purchase.
6.5. Where the Customer has chosen to pay the amount due through a bank transfer he/she should effect the payment within 2 (two) business days following the day of the submission of the order. Upon ordering the respective amount the Customer should specify as grounds for the payment the unique identification (i.e. ID) number of the order which he/she obtained at its finalization.
6.6. The Customer agrees and accepts that Studio Beata should be entitled to receive advance payments under any concluded Purchase Agreement. Whether the Customer will pay in advance the amount due under the Purchase Agreement depends on the selected payment method as per Art. 6.3. above.
6.7. Studio Beata should issue invoices for the purchased Products using the Customer`s details, provided upon submission of the respective order.
7. Delivery of Products
7.1. The term for delivery of any Products ordered by the Customer is between 7 (seven) and 14 (fourteen) business days from the date of the order, unless a longer period is provided for in the description to the Product.
7.2. The transportation and delivery costs for a purchased Product are to be borne by the Customer and are specified on the Website. The Website will automatically calculate the transportation and delivery costs for any ordered Products after the Customer selects a payment method.
7.3. Studio Beata should not be liable for non-delivery or delay in the delivery of Products due to the exclusive fault of the Customer, and/or caused by incorrect, incomplete or inaccurate shipping details provided by the Customer. If the Customer has provided such incorrect or incomplete details, Studio Beata should be entitled to rescind the Purchase Agreement, in which case the costs incurred to the merchant in relation to the delivery should be borne by the Customer.
7.4. The delivery of Products ise made only to addresses within the territory of the Republic of Bulgaria.
8.1. The Customer may lodge a complaint with respect to a purchased and delivered Product on the grounds of any non-conformity within the meaning of Art. 106 of the Bulgarian Law on Consumer Protection. The statement of complaint should include at least contact information with regard to the Customer (full name and e-mail address, geographical (postal) address and telephone number, if available), the identification number of the respective order (ID), a description of the non-conformities, the preferred method of remedy thereof as per Art. 8.5. below as well as the amount claimed, where applicable. In addition, upon lodging a complaint the Customer should immediately return the respective non-compliant Product to the address of Studio Beata and enclose the document evidencing the executed payment of the purchase price, as well as any documents evidencing the non-conformity of the Product and any documents establishing the grounds and amount of the claim.
8.2. If the data or information provided in the statement of complaint requires to be supplemented, Studio Beata, before handling the complaint, will ask the person lodging the complaint to supplement it to the required extent.
8.3. In case of a complaint concerning apparent mechanical damage to the Product or to the parcel/package caused during transportation, the Customer should sign an appropriate complaint form in the presence of the person delivering the Product.
8.4. The Customer should check the Product on delivery and immediately notify Studio Beata in case any non-conformities thereof are observed.
8.5 When addressing a complaint the Customer should be entitled to request, alternatively: (i) free of charge repair of the Product; (ii) replacement of the respective Product with such other goods, which meet the agreed requirements; (iii) full refund of the price paid; or (iv) corresponding reduction of the price. However, in case Studio Beata agrees to repair the defected Product or replace it with a new one, the Customer will not be able to claim any of the remedies under items (iii) and (iv) above.
8.6. Studio Beata is obliged to remedy all non-conformities and bring the Product in line with the Purchase Agreement within 1 (one) month as of submission of the Customer’s complaint. Studio Beata should be liable for any costs in relation to the performed remedy of the established non-conformity, including but not limited to delivery expenses (including for the return of the Product), materials and labour. However, for the avoidance of doubt, where the complaint is not well-founded, the expenses related to the submission of the said complaint and/or the return of the Product are to be borne exclusively by the Customer.
8.7. If Studio Beata fails to satisfy the complaint within the term under the preceding paragraph and provided said complaint is well founded, the Customer is entitled to rescind the Purchase Agreement with regard to the respective Products and to claim full refund of the price paid, or to claim reduction of the price with respect to the defective Product(s). The Customer may directly rescind the Purchase Agreement and claim reimbursement of the amount paid before the expiry of the one month period for remedy of the non-conformity, in the event that within the term under Art. 8.8. below he/she establishes a fourth in a row non-conformity of the Product with the Purchase Agreement, provided that at that time Studio Beata has already remedied three complaints of the Customer by repairing the same Product. For the avoidance of doubt, no rescission of the agreement may be claimed where the non-conformity of the Product is insignificant.
8.8. The Customer loses the rights as provided in the present Art. 8, if he/she does not notify Studio Beata about the Product’s non-conformity within 2 (two) years as of delivery of the respective Product but in any case not later than within 2 (two) months from the date on which the non-conformity has been observed.
9. Withdrawal from the Purchase Agreement. Termination
9.1. The Customer should be entitled to withdraw from the Purchase Agreement without specifying any reason whatsoever and without owing any compensation therefor within 14 (fourteen) calendar days from the date of receiving the delivery of the respective Product by the Customer or by a third person indicated by him/her other than the carrier. Where multiple Products are subject to one Purchase Agreement but are delivered separately, the term under the preceding sentence should be calculated from the date of acceptance of the delivery of the last Product. Notification in writing sent before the expiry of the deadline should be deemed delivered within the deadline.
9.2. The Customer should not be entitled to withdraw from the Purchase Agreement as per Art. 9.1. above where the said agreement concerns:
(a) supply of Products, manufactured upon Customer` s order or pursuant to his/her individual specifications;
(b) supply of sealed Products which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
(c) other Products, referred to in Art. 57 of the Bulgarian Law on Consumer Protection.
In cases where the ordered Product should not be subject to return due to falling in any of the categories listed in the present Art. 9.2, Studio Beata indicates that in the description of the said Product at the Website.
9.3. The Customer may exercise his/her right to withdraw from a Purchase Agreement through one of the following manners:
(a) by using the model withdrawal form, as set out in the Section “Withdrawal from the Agreement” [„Отказ от договора“] on the Website. Standard model instructions on withdrawal are also available in the said section on the Website.
(b) by making any other unequivocal statement setting out his/her decision to withdraw from the agreement.
9.4. In case the Customer exercises his/her right to withdraw from the Purchase Agreement he/she is obliged to return the received Product without unjustified delay, but in any case not later than 14 (fourteen) calendar days from the day of submission of the statement on withdrawal to Studio Beata. The above term should be considered met if the Customer sends back the Product to Studio Beata before the said period has expired. The Customer should return the Product in the quantity and quality as received from Studio Beata and he/she should be liable only for any diminished value of the Product resulting from handling of the Product other than what is necessary to establish its nature, characteristics and good functioning. The Product should be accompanied by all parts, accessories, instructions, conditions of use and other similar documents which the Customer has received with the Product, and the original packaging, if available.
9.5. In the case of withdrawal from the Purchase Agreement as provided above, the Customer should be refunded the full amount of the sum actually paid by him/her, including the costs of delivery of the Product to the Customer (excluding however any supplementary costs related to a type of delivery opted for by the Customer other than the least expensive type of standard delivery, offered by Studio Beata). Nevertheless the direct costs of returning the Product to Studio Beata should be borne by the Customer.
9.6. The Purchase Agreement may be terminated:
(a) by the Customer upon withdrawal from the Purchase Agreement under the conditions provided in Art. 9.1. to 9.4. above;
(b) by the Customer under the terms and conditions of Art. 8.7. above;
(c) by the Customer, in case Studio Beata has not delivered the Product(s), subject to the agreement, within the agreed period and the delivery is not also made within an additional term set by the Customer. The provision of such additional period for delivery is not required where taking into account all the circumstances attending the conclusion of the agreement it could be concluded that the delivery within the initially agreed period under the agreement has been essential for the Customer or in case the Customer has notified Studio Beata for this before concluding the Agreement.
(d) by Studio Beata in the events under Art. 7.3. above;
(e) by either of the Parties with a prior 7 (seven) calendar days’ written notice in case of breach of any other obligation under the Purchase Agreement by the other party.
9.7. The Purchase Agreement will be automatically terminated in the event and pursuant to the conditions of Art. 5.2. above;
9.8 The Purchase Agreement will be automatically terminated without the need of any notice thereof, in case the Customer has selected to pay the purchase price under the agreement via bank transfer to the bank account of Studio Beata and fails to pay the due amount within the term as per Art. 6.5. above.
9.9. In case the Customer withdraws from the Purchase Agreement as per Art. 9.1. – 9.4. above, the amount under Art. 9.5. should be reimbursed to the Customer without unjustified delay and not later than 14 (fourteen) calendar days from the date on which Studio Beata has been notified for the respective withdrawal. Studio Beata should be entitled to withhold the reimbursement of the amounts referred to in the preceding sentence until the earlier of: the receipt of the Products back or the receipt of evidence supplied by the Customer that the Products have been sent back to Studio Beata. In any other case of termination of the Purchase Agreement in which Studio Beata owes reimbursement of amounts, Studio Beata should pay the respective amounts to the Customer without unjustified delay, whereby Studio Beata will be entitled to withhold the payment until it receives the Products back.
9.10. Any amounts, subject to reimbursement by Studio Beata to the Customer will be transferred to the same bank account or respectively PayPal account via which the Customer has paid the price of the Products upon the submission of the order. In cases where the Customer wishes the amount subject to reimbursement to be paid to another bank account or where he/she has initially paid the price under the Purchase Agreement in cash, Studio Beata requires the Customer to specify a bank account to which the amount to be reimbursed.
10.1. Studio Beata is an administrator of Personal Data within the meaning of the Bulgarian Law on Personal Data Protection, entered with the Register of the Administrators of Personal Data, available at the following internet address: www.cpdp.bg.
11. Amendments of the General Terms
11.1. Studio Beata may amend the present General Terms whereby the new version of the said document is uploaded to the Website.
11.2. Studio Beata notifies all registered Customers of the Website for the amendments of the General Terms by sending them an e-mail within 7 (seven) calendar days as of the amendment.
11.3. In case the Customer does not accept the amendments, he/she may notify Studio Beata in writing within 1 (one) month as of the receipt of the notification as per the preceding Art. 11.2 that he/she withdraws from the use of the Services. In case the Customer exercises his/her right to withdraw as per the preceding sentence, Studio Beata will be entitled to terminate the provision of Services to the Customer, including by deleting the Customer` s Account at the Website. For the avoidance of any doubt, the obligations of the parties under any already concluded Purchase Agreements should be executed as initially agreed.
11.4. The registered Customer should be deemed bound by the amended General Terms in case he/she has received the notification of Studio Beata regarding the amendments, and he/she has not objected against these amendments as per Art. 11.3. above.
11.5. The present General Terms along with any and all subsequent amendments thereof are published at the following internet address: www.beatap.com.
11.6. Any Purchase Agreements concluded by the Customer are carried out and should be governed by the version of the General Terms in force as of the moment of placing the respective purchase order.
12.1. The Customer accepts and agrees that differences in the images of the Products resulting from individual computer settings of his/her computer (colour, aspect ratio, etc.) cannot serve as grounds for a complaint about the Products .The colours of each Product are indicated in its description on the Website.
12.2. Studio Beata makes every effort to ensure the proper and continuous operation of the Website. The Customer agrees that with such a complex computer system as the Website, failures and technical faults caused by hardware or software problems may occur. Studio Beata reserves the right to conduct periodical breaks for maintenance in order to introduce appropriate changes to the computer system.
12.3. To the extent permitted under the applicable law Studio Beata should not be liable for any damages:
(a) incurred to the Customer in relation to the content, view or quality of any other web pages accessible through internet links provided either at the Website or in any communication sent to the email of the Customer. The liability with regard to such web pages is to be borne by their respective owners; or
(b) incurred to the software, hardware or the telecommunication facilities of the Customer or related to loss of data, resulting from materials or resources, searched, loaded or used by any means whatsoever through the Website.
12.4. The Customer should be liable for any and all damages caused to Studio Beata or any third party in relation to the use of the Website, the Content or the Services. The Customer should compensate Studio Beata and any third party for any and all incurred damages caused by hyperlinks, materials or information which the Customer has used, placed on the server of the Website, sent, spread, made available to third parties or made available through the Website. Studio Beata should be entitled to provide any materials and information as per the preceding sentence to third parties or the competent state authorities in cases where this is necessary to preserve the rights and legitimate interests of Studio Beata or third parties or it is required under the applicable law.
13. Final Provisions
13.1. Neither Studio Beata, nor the Customer should be be liable in case of failure to perform its obligations in relation to the provision and use of the Services or any Purchase Agreement, where such failure is due to force majeure. The party which has been affected by the respective force majeure circumstance, is obliged to immediately notify the other party on the said circumstance and to undertake all reasonable measures in order to minimize the damages and losses suffered thereof. Where the existence of any force majeure event continues for more than 30 (thirty) calendar days, each of the parties will be entitled to terminate the respective agreement without owing any compensation thereof.
13.2. The Customer is entitled to contact Studio Beata at the following (postal) address, e-mail address and telephone:
Postal Address: Studio Beata EOOD, 7 Orel Str., fl. 8, apt. 2, Lozenets Region, 1407 Sofia, the Republic of Bulgaria
Any Products subject to return are to be returned to the postal address of Studio Beata specified herein above.
13.3. Any messages and/or other communications sent by Studio Beata under the present General Terms are to be sent as per the contact details of the Customer kept at the Customer` s Account on the Website, respectively the ones provided by him/her upon submission of an order where the Customer is not registered on the Website.
13.5. Studio Beata reserves its right to respond not to all requests or other messages sent to it by the Customers.
13.6. The declaration of any of the provisions of these General Terms null and void or unenforceable will not in any way affect the validity or enforceability of the other provisions.
13.7. Any and all intellectual property rights over the Content, including but not limited to trade names, trademarks, logos, signs, industrial designs and copyright protected works, whether registered or not, remain the sole and exclusive property of Studio Beata and/or their respective owners and the present General Terms are not to be interpreted as assignment or license thereof. In the absence of Studio Beata` s prior written consent to the contrary, the Customer may use the Content only for personal and non-commercial purposes and in compliance with the provisions of the present General Terms.
13.8. The present General Terms and any Purchase Agreement will be governed by Bulgarian law. Any disputes arising out of or in relation to the present General Terms or any Purchase Agreement are to be settled by the competent Bulgarian courts.
13.9. The present General Terms enter into effect on 18 December 2014.