GENERAL TERMS AND CONDITIONS OF USE OF THESCENTS.EU

 

  1. General Terms and Conditions of Use of thescents.eu
  2. Definitions
  3. Services Provided
  4. Registration and Identification
  5. Order
  6. How to Place an Order
  7. Gifts with a Purchase
  8. Order Price
  9. Problems with the Execution of the Order
  10. Methods of Payment
  11. Order Price
  12. Order Cancellation and Return of Goods
  13. Guarantees and Reclamation
  14. Intellectual Property Rights
  15. Termination and Cancellation of the Contract
  16. Delivery
  17. Invalid Clauses
  18. Regulatory Bodies
  19. Disputes

 

  1. GENERAL TERMS AND CONDITIONS OF USE OF THESCENTS.EU

These General Terms and Conditions govern the relations between AMMG Export Import Pltd, hereinafter referred to as “thescents.eu” on one hand, and the Users of websites and services, located on the Site, hereinafter referred to as “users” on the other.

AMMG Export Import Pltd, UIC 203364491, is a company which is registered under the Commercial Law of the Republic of Bulgaria, with a registered office and address of management: 2 Nikola Vaptsarov Square; Bansko; e-mail address: info@thescents.ch; phone: +359 888 113 113

Please, read fully these General Terms and Conditions before using the information and commercial services offered on the Site, hereinafter referred to as the “Services”. By viewing the Site, each User automatically agrees to comply with the conditions described below.

This document contains information about the activities of “thescents.eu” and the General Terms and Conditions for using the services, provided by “thescents.eu” by regulating the relations between us and each of our users. The confirmation of the General Terms and Conditions is mandatory and necessary condition for the conclusion of the contract between the User and “thescents.eu”

By accepting the General Terms and Conditions, the User agrees to the processing of his/her personal data on the basis of the contract, concluded between him and “thescents.eu”. Such data can be names, telephone numbers, address and e-mail.

 

    II. DEFINITIONS

 

For the purposes of these General Terms and Conditions, the following terms should be read as follows:

Website – https://thescents.eu and all its subpages.

User – is any individual person who acquires goods or uses services that are not intended for commercial or professional activity, and any individual person, who as a party of the contract under this law, acts outside its commercial or professional activity.

General Terms and Conditions – the following General Terms and Conditions, which include terms of use, privacy policy, cookies, registration and delivery rules, voluntary dispute resolutions, contract waivers and exchange forms, and many other legally relevant information available on the Site.
Personal data – any information about an individual that reveals his or her physical, physchological, mental, family, economic, cultural or social identity
Goods – movable tangiable property, except for the items sold by enforcement or through other measures by bodies, authorized by the law, as well as items abandoned or confiscated in favor of the state, announced for sale by the state authorities.

Purchase and Sale Contract- a contract under which the trader transfers or undertakes to transfer ownership of goods to the consumer, who consumer pays or undertakes to pay the price for the goods, including contracts having as their object both goods and services.

Procedure for an alternative consumer dispute resolution – a procedure for out-of-court settlement of consumar disputes, meeting the requirements of a special law or a specific agreement between the parties to a legal relationship, carried out by a body for alternative dispute resolution (arbitration, mediator or others)



            III. SERVICES PROVIDED

 

Article 1: On the Site, the Users have the opportunity to conclude a contract for the purchase and sale, and the delivery of the goods, offered by “Thescents.eu”

 

            IV. REGISTRATION AND IDENTIFICATION

 

“Thescents.eu” identifies the Users of the site by storing log files on the server of the Site and at the IP address of the User.

“Thescents.eu” has the right to collect and use information about the Users on the basis and for the purposes of the contract with the User, under these General Terms and Conditions. The information by which the the person can be identified may include names, telephone, address, e-mail, as well as any other information that the person provides voluntarily upon registration. The information includes any other info that the Users enters, uses or provides when using the Services provided by “thescents.eu”           

Only persons over 16 can register on the Site. Upon registration, the person marks a check box, which declares that he is at least 16. “Thescents.eu” takes dues care and is responsible for protecting the information about the User, which became known to him on the occasion of registration, except in cases of force majeure and accidental event or malicious actions of third parties. In the registration form filled in by the User upon registration, “Thescents.eu” indicates the mandatory of voluntary nature of the provision of data and the consequences of a refusal to provide them.
“Thescents.eu” may disclose personal data to third parties only in cases provided by the law and in the circumstances provided by the law or after the express consent of the Users. The User can register by filling in the relevant electronic registration form, available in real time (online) on the “Thescents.eu” Internet Site, to agree with the General Terms and Conditions.
By clicking the virtual button with text “Registration” or other similar text, having the force of written confirmation of the General Terms and Conditions, the User makes an electronic statement within the meaning of the Electronic Signature Act, declaring that he/she is familiar with the General Terms and Conditions, accepts them and undertakes to observe them.

“Thescents.eu” may store in log files on its server, IP address of the User, as well as any other information necessary for his/her identification and reproduction of his/her electronic statement of acceptance of the General Terms and Conditions in case of a legal dispute. The text of the General Terms and Conditions is available on the Internet site “Thescents.eu” in such a way that allows its storage and reproduction. 
When filling in the application for the registration, the User is obliged to provide complete and correct data regarding the identity (for individuals), legal status (for legal entities) and other data, required by the electronic form of “Thescents.eu”, as well as to update them in 7 days after their change.
The User declares that he agrees to provide the required personal data, thus to ensure that the data, provided during the registration process is correct, complete and accurate, and will update them in a timely manner if latter changes. In case of providing incorrect data, “Thescents.eu” has the right to terminate or suspend immediately and without a notice the provision of services and maintenance of the registration of the User.
Upon registration, the User receives a unique username, which can also be the e-mail, specified by the User, and a password for access to the Services available though the website of “thescents.eu”. The User can manage his/her profile on the Site. Through his/her account, the User can:

     - To see the history of the orders made

     - To monitor the status of the order

     - To change and complements the addresses registered by him/her

     - To repeat an order, already made by him/her

     - To view and change the list of the “favorite products”

The username with which the User registers does not give him/her any rights other than those explicitly states in the General Terms and Conditions. The registrar in his/her capacity as a representative of a legal entity is obliged to enter his full name and address, respectively the name of the legal entity it represents.

The User is obliged to take care and all necessary measures that are reasonably necessary in order to protect his/her password, as well as not to disclose his/her password to third parties and to notify immediately “thescents.eu” in case of illegal access, as well as in case of probability and suspicion of such. He/she bears the responsibility and risk for the protection of his/her password, as well as for all actions performed by him/her or by a third party usin his/her password.

 

          V. ORDER

 

Users use the interface of the website of "Thescents.eu" to sign contracts for the sale of goods and services, offered by “thescents.eu”. In the absence of availability of a product, "Thescents.eu" reserves the right to refuse the order.

Users cannot request more than 3 units of the same product in one order. After selecting one or more goods, offered on the website of “thescents.eu” the User must add them to his list of goods for purchasing. It is necessary for the User to provide data for the delivery and to choose a method and time of payment of the price, after which to confirm the order through the interface of the Site.

When placing an order, the User receives an e-mail confirmation that his order has been accepted. "Thescents.eu" has the right to refuse to sign a contract with an incorrect User. "Thescents.eu" has the right to treat the User as incorrect in cases where:

     - There is non-compliance by the User with the General Terms and Conditions

     - An incorrect, arrogant or rude attitude towards the representatives of  "Thescents.eu" has been established

     - Systematic (three or more times) abuses by the User against "Thescents.eu" have been established

 

        VII. HOW TO PLACE AN ORDER


Orders are accepted on the Site 24 hours a day, 7 days a week, including weekends and public holidays. In order to generate an order through the site, it is not necessary to register a user profile. The ordering of a product(s), specified by the User can be done in several ways:

     - order through the Site – you can place an order through the site if you use the “Add to cart” button, which is located next to each available product. This button adds the selected product to the shopping cart, after which the User has the opportunity to add more products in it or continue completing the order. Upon completion of the order, the User has the opportunity to review the products he/she has decided to to buy, their prices and the final amount which should be paid, as well as to take advantage of an additional discount if he/she has a discount voucher or other promotional code. The User can complete the order with an already registered user profile, register a new account or just fill in the required details for the payer and recipient of the shipment: names, e-mail, phone number, address and method of payment. After finalizing the order and sending, a confirmation of the entered information will be sent to the indicated e-mail. For each stage of the order processing (confirmation of availability, sending etc), the User will be notified by e-mail or by phone, as the status of the current and previous orders can be monitored by the User from his profile in "Thescents.eu" if he used one. Orders and inquiries from customers are processed by the operators of "Thescents.eu" within working hours. All images and descriptions of the products on the Site are indicative, informative and subject to change. "Thescents.eu" is not responsible for the factory packaging of the products (e.g. but not only – lack of cellulose, hologram stickers and all other changes to the packaging or its design made by the manufacturer), as well as changes in the aroma that manufacturers periodically performed over the years. All prices, including promotional prices, are valid until they are changed by "Thescents.eu" or by the respective manufacturer, or the product is withdrawn from sale, or sold out. Such changes are reflected on the Site. Discounts cannot be combined and added.

 

          VIII. GIFTS WITH A PURCHASE

 

At an exclusive discretion and belonging only to"Thescents.eu" a gift can be added to the order. The gift for each individual order may be different, depending on the current promotions."Thescents.eu" reserves the right to make changes and adjustments to the offered gifts.

 

         IX. ORDER PRICE

     - The prices of the offered goods are those, indicated on the website of "Thescents.eu" at the time of placing the order. The prices of the goods include VAT, in cases where its charging is envisaged. "Thescents.eu" reserves the right to change at any time and without notice the prices of the goods offered on the Site, and such changes will not affect orders, which are already placed. The change in the price is valid for the Users from the moment of its announcement on the site "Thescents.eu".

"Thescents.eu" may provide discounts for the offered goods on the Site, according to the Bulgarian legislation and rules, set by "Thescents.eu". The rules applicable to such discounts are available at the place where the discount is displayed. Discounts can be provided in various forms (e.g. promotions, loyalty discounts, provided individually, randomly, or as a result of participation in a competition or customer survey). Different types of disounts cannot be combined when ordering and purchasing the same produc

 

        X. PROBLEMS WITH THE EXECUTION OF THE ORDER

 

The execution of your order may be hindered for any of the following reasons:

     - One or all of the ordered goods are not available – in this case we will contact you as soon as possible

     - The User has added more than 10 units from a product in his/her shopping cart.

     - No payment (delay in payment) has been made by the User

     - The User has specified an incorrect or incomplete delivery address

     - Lack of an up-to-date telephone number for contact with the User

     - Technical problem

In case of problems with the delivery due to our fault, all additional costs for sending or receiving the goods will be at the expense of "Thescents.eu". In all other cases, the subsequent sending of the delivery will be at the expense of the User.

When the User returns a product with the right for a refund of the amount paid, the price subject to refund is reduced by the value of the discount, applied to the product and only the amount actually paid will be refunded.


       XI. METHODS OF PAYMENT


1) The User may pay the price of the ordered goods. Payment on the Site is possible through the following methods:

 

     1. Payment via a virtual POS terminal (with a card). In order to make a payment using a bank card, the following conditions must be kept:

     - The bank card should support the possibility to perform transactions through the card on Internet

When paying by bank card (credit or debit)

     - A payment page of the bank, servicing the Company will be opened

     - At the payment page, the User should enter the data on the card through which he/she will make the payment

*Regarding the payment by bank card, the User must keep in the mind the following:

     - Upon completion of the order of the goods from the online store, the User confirms that he is an authorized user of the used card- i.e. that he/she is the legitimate cardholder under a contract with the issuing bank, or that he/she is expressly authorized by the legitimate cardholder to use the card.

     - All credit/debit card holders are subject to verification and authorization by the issuer of the respective card- in case of refusal by the issuer to approve the payment of the price of the ordered goods, initiated to the Company, the latter has not been made and item I, art. 6.7 above is applied.

     - The transaction currency for payment by card is EUR.

        XII. ORDER CANCELLATION AND RETURN OF GOODS

 

     - The User has the right to withdraw from the contract without stating a reason, without paying compensation or penalty within 14 days from the acceptance date of the goods by the User or a third party on behalf of the User. In order to use his right under this clause, the User must unambiguously notify “thescents.eu” of his law decision to withdraw from the contract, individualizing the goods he/she wishes to return, by providing all details of the order and delivery, including but not limited to: content and value of the order, data of the person, who made the order, data of the person, who accepted the delivery, and date of the delivery.

“Thescents.eu” publishes on its website a form for exercising the right to withdraw from the contract. To use the right of withdrawal “thescents.eu” provides the User with the option to fill in and send electronically via the website the standart withdrawal form or other unambiguous applicataion. In these cases, “thescents.eu” immediately sends the User a confirmation of the receipt of his/her refusal on a durable medium

      - For guests

      - For registered users

      - Paper return form

In accordance with the provisions of Article 55 of the Consumer Protection Law (CPL), the consumer is obliged to store the received goods, their quality and safety until the moment of their return to “thescents.eu” as received. The User is obliged to return the goods at his/her own expense, together with the receipt and invoice, handing them over to “thescents.eu” or to a person, authorized by “thescents.eu” within 14 days from the date on which the User has used his right to withdraw from the contract. Upon return, the goods must be in their original packaging, without traces of use or distortion of trade (e.g. torn packaging, cellulose, removed labels, missing parts, etc.) and must be accompanied by all accompanying documents – receipt and/or invoice, warrant card, instructions for use etc. When returning the goods, the User is obliged to return all gifts that he/she has received with the ordered goods, in case they are sent by “thescents.eu”. Complains for damaged deliveries are made at the time of receiving the shipment, and in the presence of the courier, as noted by a note in the bill of lading and a completed statement of findings in two copies. The Statement of Findings is mandatory for the validity of the damages and deficiencies covered by the insurance. The customer, or the recipient of the shipment, is obliged to request a copy of the protocol, and then attach the copy when filling out a request for return. “Thescents.eu”has the right at its sole discretion to postpone the refund until the goods are returned or until proof is provided that the goods have been sent back, depending in which of the two events occurs earlier.

In case the User does not fulfil his obligations to return the goods within the above period, without notifying “thescents.eu” for any delay and without providing a valid reason for the same, it is considered that he has withdrawn his statement of exercise of withdrawal from the contract.
When in connection with the execution of the contract “thescents.eu” has incurred costs and the User withdraws from the contract, “thescents.eu” has the right to withhold the relevant amount for the costs incurred or to demand their payment.
        

The consumer has no right to withdraw from the contract in case the subject of the same are:

     - For delivery of goods, made to order of the consumer or according to his individual requirements

     - For delivery of sealed goods, which are unsealed and/or tested after their delivery and cannot be returned due to considerations related to hygiene or health protection, “thescents.eu” refunds to the User the price, paid by him for the returned goods. The transport costs     for returning the goods from the Customer to “thescents.eu” are at the expense of the User.

When the goods received by the User do not comply with the characteristics, specified in the page of the online storte, are not used by the User in any way and have not damaged external factory packaging, the cost of returning the goods is at the expense of “thescents.eu”. In this case, the Customer must send the goods back to us through a courier company, indicating the recipient company “AMMG Export Import” Pltd, under the specific contract.

Upon request for return of goods (corresponding to the characteristics specified on the page of the online store), the transport is at the expense of the User. “thescents.eu” refunds fully the value paid by the Consumer of the returned goodson the credit/debit card of the Consumer with which the goods were paid, but not later than 14 days from the date on which the Consumer has used his right of withdrawal under Article 55 of the CPL.

     - In addition to the right of withdrawal, the Customer is also entitled to a legal guarantee of 2 years for compliance of the goods with the sale contract, guaranteed by CPL.


       XIII. GUARANTEES AND RECLAMATION 

 

     - The Consumer has the right to claim for any discrepancy of the goods with the agreed/ordered, when after delivery, discrepancies are found with the contract of sale. “Thescents.eu” is not responsible for the difference in colors, which is due to the natural differences in the reproduction of colors from different models of monitors. All goods that are subject to warranty service are accompanied by the necessary documents with information about the warranty period (according to the Bulgarian legislation), the conditions and place of warranty service.

The Consumer may not contest the comformity of the consumer product with the contract for its sale, when at the conclusion of the contract he/she knew or could not have been unaware of the non-conformity.

     - The Consumer has the right to file a claim for the goods, regardless of whether the manufacturer or the trader has provided a guarantee for the goods. When the satisfaction of the claim is made by replacing the product with another, corresponding to the agreed, “thescents.eu” retains the Consumer’s original warranty conditions.

     - Upon filling a claim for the goods, the Consumer may claim for refund of the paid amount, for replacement of the goods with another, corresponding to the agreed or for deduction from the price.

     - The complaint shall be submitted in a written form by the indicated e-mail or by mail, submitted to the address of the Company. “Thescents.eu” presents on its website access to a complaint form. Complaint fors can also be filled at the merchant’s address. The right to choose the place for filling the complaint belongs entirely to the Consumer.


Download from here: Complaint Form

The Customer should provide clear, complete and unambigious information about the case in a written form and within the legally established period for filling a complaint to the e-mail address: info@thescents.ch

When filing a complaint, the User indicates the subject of the complaint, his preferred way to satisfy the complaint, respectively the amount of the claimed amount, and address, telephone number and e-mail for contact. In order for the case to be resolved as soon as possible, it is desirable to enclose photographic material (only if the case concerns a specific product(s) After the case is reviewed and processed, the Customer will receive a written response to the e-mail address from which the complaint was filed (“thescents.eu”is not responsible for any problems beyond our control of receiving the message within the statutory period.

When filing a complaint, the consumer must also attach the documents on which the claim is based, namely:

     - Receipt or invoice for the purchase; as well as protocols, acts or other documents establishing the non-conformity of the goods with the agreed; other documents establishing the claim on the grounds and amount.

     - The complaint of consumer goods may be filed up to two years from the delivery of the goods, but not later than two months from the establishment of the non-conformity with the agreed. The period ceases to run during the time necessary for the repair of the consumer goods or for reaching an agreement between the seller and the consumer for resolving the dispute

     - If “thescents.eu” has provided a commercial guarantee for the goods and the term of the guarantee is longer than the terms for filing the claim under paragraph 5, the claim may be filed until the expiration of the commercial guarantee.

Filing a complaint is not an obstacle to filing a claim.

     - "Thescents.eu" maintains a register of complaints. A document is sent to the User to the e-mail specified by him, in which the number of the claim from the register and the type of the goods are indicated. When "thescents.eu" satisfies the claim, it issues an act to that effect, which is drawn up in two copies and must provide one copy to the User.

     - "Thescents.eu" in case of a valid complaint brings the goods in accordance with the sales contract within one month from the filing of the complaint by the User.

If the goods are not repaired after the expiration of the term under the previous paragraph, the Consumer has the right to cancel the contract and be reimbursed the amount paid or to request a reduction in the price of consumer goods under Article. 114 of the CPL.

Bringing the consumer goods in accordance with the sales contract is free of charge for the User. It does not owe costs for the shipment of consumer goods or for materials and labor related to its repair and does not suffer significant inconveniences.

In case of non-compliance of the consumer goods with the contract of sale and when the Consumer is not satisfied with the resolution of the complaint, he/she has the right to choose between one of the following options:

     - Cancellation of the contract and refund of the amount paid by him/her; Price Reduction.

The consumer may not claim a refund or a reduction in the price of the goods when the trader agrees to replace the consumer goods with a new one or to repair the goods within one month of the consumer's complaint.

The trader is obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the Consumer, when after satisfying three complaints of the Consumer by repairing the same product, within the warranty period, there is a subsequent occurrence of non-conformity of the goods with the contract of sale.

The Consumer cannot claim for cancellation of the contract if the non-compliance of the consumer goods with the contract is insignificant.

        XIV. INTELLECTUAL PROPERTY RIGHTS

 

(1) The intellectual property rights over all materials and resources located on the website of "thescents.eu" (including the available databases) are subject to protection under the Copyright and Related Rights Act, belong to "thescents.eu" or to the respective indicated person, who has transferred the right to use “thescents.eu” and cannot be used in violation of the current legislation.

When copying or reproducing information outside the permissible, as well as in any other violation of intellectual property rights over the resources of "thescents.eu", "thescents.eu" has the right to claim compensation for direct and indirect damages in full amount.

Except as expressly agreed, the User may not reproduce, modify, delete, publish, distribute and otherwise disclose the information resources published on the website of "thescents.eu".

(2) "thescents.eu" undertakes to take care to ensure the possibility of the User for normal access to the services provided. "Thescents.eu" reserves the right to suspend access to the services provided. "Thescents.eu" has the right, but not the obligation, at its discretion to delete information resources and materials published on its website.

 

        XV. TERMINATION AND CANCELLATION OF THE CONTRACT

"Thescents.eu" has the right at its discretion, without notice to terminate the contract unilaterally, if it finds that the services provided are used in violation of these General Terms and Conditions, the legislation of the Republic of Bulgaria and / or generally accepted moral norms.Except in the cases provided for in these General Terms and Conditions, the contract between the parties is terminated upon termination of the activity of "thescents.eu" or termination of the maintenance of its website.

In addition to the above cases, either party may terminate this contract by giving one week's notice to the other party in the event of default.

The written form of the contract is considered complied with by sending an e-mail, pressing an electronic button on a page with content that is filled in or selected by the User or marking in a field (check box) on the Website, etc. similar in so far as the statement is technically recorded in a way that allows it to be reproduced.

 

        XVI. DELIVERY

 

All orders over EUR 150 are delivered with FREE delivery. 

The delivery rates are calculated according to the table below for all the orders under EUR 150.

 

The stated delivery times are estimates and are not binding. A delay in complying with the delivery times will not give the Consumer the right to claim any type of compensation or to breach its payment obligations. 

The delivery of the ordered goods is carried out by courier to an office or delivery address indicated by the User on the territory of the countries, to which “thescenths.eu” delivers. Delivery is at the expense of the User, unless otherwise stated on the Site

Before sending the ordered goods “thescents.eu” has the right to contact the User on the phone number specified by him/her, in order to specify details of the order and / or delivery.

"AMMG Export Import"Pltd is not responsible for non-fulfillment of an order in cases where the User has provided incorrect, incomplete and / or inaccurate personal data, including when he/she has provided an incomplete, inaccurate or fictitious address or telephone number.


The standard delivery time is from 1 to 6 working days for orders placed before 11:00am. In exceptional circumstances, “AMMG Export Import” Pltd reserves the right to extend the delivery period by promptly informing the User.

Until the moment of receipt of the goods by the Consumer, the responsibility for the goods and the accompanying documents rests with the sender, as the owner of the goods.

        XVII. INVALID CLAUSES 

Both Parties declare that in the event that any of the clauses of these General Terms and Conditions prove to be invalid, this will not invalidate the entire contract or other parts thereof. The invalid clause will be replaced by the mandatory norms of the Law or the established practice.

       XVIII. REGULATORY BODIES

 

The bodies regulating the activity of "thescents.eu" are the Commission for Consumer Protection / CPC / and the Commission for Personal Data Protection (CPDP), with the following coordinates:

CPC: Website: https://kzp.bg/kontakti ;   phone:+359 700 111 22 email: info@kzp.bg address: 1 Vrabcha Street, floor 3,4 and 5, Sofia, Bulgaria

About CPDP: Website: https://www.cpdp.bg/en/index.php?p=pages&aid=5 phone: +359 2 / 91-53-518 email: kzld@cpdp.bg address: 2 Prof. TsvetanLazarov Blvd., Sofia 1592


       XIX. DISPUTES


Consumers can use the European Online Dispute Resolution Platform (ODR), available at / http://ec.europa.eu/odr / - a single access portal that allows EU consumers and traders to settle disputes between them. .

Alternative dispute resolution (ADR) between consumers and traders is out-of-court conciliation on a voluntary basis.

The Joint Conciliation Commissions assist in reaching an agreement between consumers and traders in disputes over contracts for the sale of goods and the provision of services.

The Joint Conciliation Commissions are designated on a regional basis and are competent to resolve disputes between “thescents.eu” and any User is the General Conciliation Commission at the Consumer Protection Commission with headquarters in Sofia and area of ​​operation in the territory of Sofia, Sofia District, Kyustendil District and Pernik District.

The consolidated list of recognized ADR entities of the Member States of the European Union can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show

Disputes that cannot be resolved in any other way are referred for resolution by the competent Bulgarian court.



 

 

 

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