IMPORTANT LEGAL NOTICE
This page (together with the documents referred to on it) explains the terms and conditions on which SHULKA Ltd., from now on called SHULKA, sells any of the products (Products) listed on our website https://www. shulkashop.com/shop to you. Please read these terms and conditions very carefully before ordering any Products from our site.
By placing an order through https://www.shulkashop.com/shop you confirm that you accept the current terms and conditions together with our Privacy Notice. If you do not accept these terms and conditions, do not use SHULKA online store.
1. INFORMATION ABOUT US
https://www.shulkashop.com/shop is a site operated by SHULKA Ltd., UIC: 205878185, with seat and registered address: 1164 Sofia, 75 Tsanko Tserkovski Street. Our contact email address is: firstname.lastname@example.org
2. HOW THE CONTRACT IS CONCLUDED BETWEEN YOU AND SHULKA
● By using our platform in order to place an order you will follow simple and understandable steps provided by https://www. shulkashop.com/shop , you will receive an e-mail from us acknowledging that we have received your order. Your order will be processed just by following the steps for making purchase. The returned е-mail mentioned above has only an informative character.
● If you are an enterprise/company, not a natural person, you will follow the same steps as dscribed above for placing an order but for receiving an invoice you must send your company data by using our contact email address: email@example.com
● We will not process your order until payment has been received in full in accordance with the provisions of clause 5.
● If you make a mistake with your order, you may be able to correct any mistakes made by email correspondence. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our Return Policy.
● SHULKA is entitled to refuse any order made by you for any reason.
● When placing an order on https://www. shulkashop.com/shop , you acknowledge that all details you provide to us requesting goods or services are true and accurate, that you are an authorized user of the credit or debit card used to pay for your order and that there are sufficient funds to cover the cost of the goods and services.
3. CUSTOMERS RIGHTS
As a customer of https://www.shulkashop.com/shop, you may cancel a Contract at any time within 14 calendar days starting from the day after you received the products. If you want to cancel your contract you need to first notify us at: firstname.lastname@example.org
For more information about returning products to us and receiving a refund, please see our Return Policy. (please make sure you take good care of the products you want to return – do not use them!)
4. YOUR RIGHT FOR A REFUND
If you as a customer wish to cancel your order within the Cancellation Period (within 14 calendar days starting from the day after you received the products), then you will receive a full refund of the price paid for your order within 14 days starting from the day we receive the products back from you.
Please bear in mind, that due to the specific nature of our products, we have the right to deduct or refuse your refund in case the product was used or washed by you.
5. PRICE AND PAYMENT
● The prices payable for the products are shown on our website https://www. shulkashop.com/shop . Prices advertised on the Website include BG VAT but DO NOT include delivery charges. Delivery charges are shown separately when placing the order but they must also be paid in advance.
● Prices are subject to change without any notice but changes will not apply to orders which SHULKA has already accepted.
● Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
● We are under no obligation to provide the product to you at the incorrect (lower) price, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a miss-pricing.
6. OUR RESPONSIBILITY
● If SHULKA does not deliver the products you ordered or if the delivered products are damaged, defective or of incorrect quantity, we may:
- make good any shortage or non-delivery or incorrect delivery; or
- replace or repair any products that are damaged or defective; or
- refund to you the amount paid by you for the products in question.
● We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
● Without prejudice to the foregoing, our total aggregate responsibility to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the products.
● Nothing in this contract shall exclude or limit your statutory rights.
● A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
7. INTELLECTUAL PROPERTY RIGHTS
All and any Intellectual Property Rights in connection with the products shall be owned by SHULKA absolutely.
You agree to indemnify, defend and hold harmless SHULKA, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
9. IMPORT DUTY
If you order products from our site https://www.shulkashop.com/shop for delivery outside the Bulgaria, the products may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for paying any such import duties and taxes. Please note that SHULKA has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. SHULKA will not be liable for any breach by you of any such laws.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at email@example.com. We may give notice to you at either the e-mail you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately up to 72 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove that such a notice e-mail was sent to the specified e-mail address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
● The contract between you and us is binding on you and us and on our respective successors and assigns.
● You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
● We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. EVENTS OUTSIDE OUR CONTROL
We will not be responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and SHULKA will have an extension of time for performing for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
● If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
● A waiver by us of any default shall not constitute a waiver of any subsequent default.
● No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
● If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
● Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
16. ENTIRE AGREEMENT
● These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
● We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
● Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
● SHULKA has the right to revise and amend these terms and conditions from time to time as a reflection of changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which SHULKA may decide.
● You as a customer will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
18. LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of Bulgaria and EU and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the Bulgarian Courts.
19. AFTER-SALE SERVICE
All questions, comments, complaints or requests regarding these terms and conditions or our products should be addressed to firstname.lastname@example.org