Dear visitor, please read these “Terms and Conditions” carefully before using this website and before completing an order. If you use this website you are deemed to accept and agree to the published “Terms and Conditions”.
Effective date: 08.02.2024.
SUBJECT
Art. 1 (1) These “General Terms and Conditions” govern the relationship between the users of the electronic websites and services located on the domain www.estelswimwear. com, its subdomains , Facebook and our Instagram pages (hereinafter referred to as “Site”, “Website”, “Website”, “E-shop”, “Merchant”, “Seller”, “Estelani Ltd”, “Shop” “We”) and shall apply in our dealings with individuals customers (hereinafter referred to as “You”, “Buyer”, “Customer”, “User”) who access the Website or our social media pages administered by us.
(2) For professional (merchant) buyers using the services and products offered on the Website, the “Terms and Conditions” apply on a limited basis. For this category of customers, these “General Terms and Conditions” may not provide or limit those rights provided for individual users who place orders for personal non-professional use. Provisions expressly stated to apply to consumers do not apply to professional customers.
(3) In cases where a user or customer has placed an order via the website, it shall be deemed that a distance purchase contract has been concluded with the e-shop, in which case these “General Terms and Conditions” shall apply. By placing orders through the website, you agree that information in connection with the concluded contract may be sent by email.
(4) These “Terms and Conditions” apply when ordering from the Site or social pages, as well as when a user/customer requests goods or services from the merchant.
Art. 2 You agree to comply with all provisions of these “Terms and Conditions” when using the Site.
SELLER DETAILS
Art. 3 “Estelani” Ltd, UIC 207599298, registered office and registered address. Burgas, address for correspondence. Throughout these “General Terms and Conditions”, by “Site”, “Website”, “Webpage”, “Online Shop”, “Merchant”, “Seller”, “Estel Swimwear “, “We” you should understand Estel Swimwear online shop managed and administered by Estelani Ltd.
Art. 4 You can contact Estelani Ltd. in the following way:
(1) by telephone: +359 887 878 725;
(2) by email: [email protected]
(3) via the contact form on the Site;
DEFINITIONS
Art. 5 (1) “Visitor” means any adult natural person who uses the Site in any way, including by browsing it or registering/subscribing to it.
(2) A “User” is an adult natural person who purchases a product or service by placing an order on the Site for a non-professional purpose. A “Merchant Customer” or “Professional Customer” is any legal person or other legal entity that uses the Site in any way, including by browsing, registering or subscribing to it and or purchasing a product or service by ordering from the Site for a professional purpose.
(3) A “Customer” is any person or entity that places an order for goods or services on the Site, whether as a consumer, merchant or professional.
(3) “Trader”, “Seller” means Estel Swimwear and the trading company Estelani Ltd.
(4) ”Account”, ”Account” Subscription” is a section on the Site formed by a user’s or merchant customer’s email address and personal data that allows them to use the Site’s services, in cases where an account is required to use them and or to view their orders.
(5) “Manufacturer” means a natural or legal person who manufactures the goods offered in the e-shop by trade and or whose name/company, manufacturing or other distinctive sign is indicated on the goods, their packaging or commercial documentation.
(6) “Website”, “E-shop”, “Merchant”, “Seller”, “Estel Swimwear “, “Shop”, “Website” means the website located at the following web address: www.mylucinda.eu, as well as any page on social networks or the Internet related in any way to Estel Swimwear.
(7) “Goods”, “Products” means all items in the shop, representing movable items, which are individualized with a detailed description and/or a color image, have a price indicated.
(8) “Services” are all services in the store that are not goods and are individualized and have a price.
(9) “Contract”, “Distance Contract”, “Order”, “Order” covers all cases in which a contract is concluded between Estel Swimwear and a customer by one or more of the following methods: i) order by post; ii) order via the internet (website, email, social networks, platform); iii) order by telephone or fax.
(10) “Suspensive Distance Contract” means a distance contract entered into between Customer and Estel Swimwear on the condition that the same is to be performed under the agreed terms only if the Seller is able to do so. The Seller shall be deemed to have the ability to perform the contract in the cumulative presence of the following circumstances:
I) He has the goods in stock (in the case of an order for goods).
II) Is able to perform the contract within the time and on the terms agreed.
The condition precedent is deemed to have been fulfilled and the contract becomes binding on the parties from the moment the seller has confirmed to the buyer, in person or through a third party, the possibility to deliver the goods or services on the agreed terms. The condition precedent shall be deemed not to have occurred and the contract shall not be binding on the parties in the event that the seller notifies the buyer of the impossibility of performance and in the absence of notification within 7 working days of the order that the seller can perform the contract.
(11) A “Voucher”/”Promo Code” is a document issued by Estel Swimwear, in an electronic medium with a validity period of 6 months, unless otherwise stated on the website and in the voucher notice, which may be:
A voucher against payment by the customer – in which case the voucher is issued against payment by the customer, being an instrument whereby there is an obligation on Estel Swimwear to accept, within specified periods, as payment or part payment for the provision of goods or services and for which the goods or services to be provided, or the names of the persons who may provide them, are identified on the instrument itself or in related documentation, including the terms and conditions of use of the instrument in question.
Estel Swimwear gift voucher for new or loyal customers – in this case, the voucher is issued at the discretion of Estel Swimwear or pursuant to a promotional campaign, and the recipient may use it to obtain a discount on the prices of goods and services offered on the Site for a specified period and on the terms and conditions set out in the voucher or its advertisement.
GENERAL
Art. 6 (1) Access to the Site, for the purpose of order registration or account/subscription registration, is permitted to any person visiting the Site. Subscription or registration as a user on the Site is optional for the visitor.
(2) Estel Swimwear’s “Terms and Conditions” are binding on all customers of the Site. Any use of the Site means that you have carefully read the “Terms and Conditions” and have agreed to abide by them unconditionally.
(3) If any provision of these “Terms and Conditions” for use of the Site is found to be invalid or unenforceable, regardless of the reason therefor, this shall not invalidate or render unenforceable the remaining provisions.
(4) The Site reserves the right, in its sole discretion, to restrict access by any customer to place an order and/or to any of the available payment methods if it deems that this would be detrimental to the Seller in any way. In this situation, it is the customer’s right to contact the Customer Relations Department of the Site, via the contact form or at the contact details indicated in the “Terms and Conditions”, to be informed of the reasons that have led to the application of the above measures. The Site shall not be held liable for any damages that the customer has suffered or may suffer as a result of this decision.
(5) The Site may publish advertising or promotional information about the goods and/or services and/or promotions it offers on the Site for a certain period of time specified in the specific campaign.
(6) The features or prices of the products and services described on the Site may be changed at any time. Due to technical reasons, they may contain errors, for which Estel Swimwear apologizes in advance to its customers and informs that it is not responsible for any errors.
Art. 6 (1) The General Terms and Conditions may be unilaterally amended by Estel Swimwear at any time by updating them on the website and subject to the provisions of the “Consumer Protection Act” (CPA).
(2) The updated “General Terms and Conditions” shall come into force, immediately after their publication on the Website, for all future customers and users, as well as for contracts concluded with legal entity customers prior to the amendment.
(3) Amendments to the “General Terms and Conditions” do not affect distance contracts concluded prior to the update with natural person users, unless Estel Swimwear has provided otherwise in compliance with the applicable law and Article 7 of these “General Terms and Conditions”.
Art. 7 (1) If Estel Swimwear wishes to bind users with contracts (orders) in force and not terminated on the date of the update of the terms and conditions to the amended “Terms and Conditions”, the trader will notify the users by email within 7 days of the amendment.
(2) If the consumer does not agree with the amendments to the General Terms and Conditions, the latter may, within 1 month of notification by written notice to Estel Swimwear, cancel the contract without giving any reason and without compensation or penalty, or continue to perform it under the “General Terms and Conditions” in force before the amendment.(3) If he fails to do so within the specified period, the updated “General Terms and Conditions” shall also come into force with respect to the consumer after the expiry of 1 month from the date of notification.(4) The “General Terms and Conditions” shall come into force immediately for all customers, without the need for notification, if the changes made to the terms and conditions are imposed by an enacted legal act.(5) The updated “General Terms and Conditions” shall be binding on the merchant’s customers from the day of the update or from the date specified in the notice of amendment.
Art. 8 Estel Swimwear makes serious efforts to maintain the accuracy of the information presented on the Site. However, bearing in mind the possible technical errors or omissions in this information, Estel Swimwear specifies that the images of the products are illustrative and indicative, accordingly the products delivered may differ slightly from the images.Art. 9 (1) Some advertisements and offers are subject to a minimum or maximum quantity that can be purchased by a customer. If applicable, this is detailed in the individual offer.Art. 10 All information published on www.estelwimwear.com is the property of ”Estellani”Ltd. including pictures and descriptions of items/productsFor copying links from www.estelwimwear.com and placing them on other websites and online stores without the written consent of ”Estellani”Ltd. is not responsible for their content.It is forbidden to copy texts and photos from www.estelwimwear.com and all social media belonging to ”Estelani” Ltd. and placing them on other websites for the purpose of reselling goods without written consent from ”Estellani”LTD.
ENTERING INTO A CONTRACTplacing an order through the SiteArt.11 (1) The Customer declares his/her wish to order/purchase goods/services through the Site by placing an order electronically, which is possible with or without a registered account on the Site. Upon confirmation of the Terms and Conditions, your order will be deemed to have been placed.(2) The User is entitled, if he/she is at least 18 years of age, to order all goods and services listed on the Site, unless they are unavailable and only if the User is legally able to enter into binding contracts.(3) When placing an order through the Site, the customer has the right to choose the type of goods as well as their quantity according to the options offered on the Site. It is possible that the system may require you to select other characteristics (e.g. colour) if the products/services selected are in different variations.
(4) Once you have selected the products you want from the Website, as well as their quantity, you should follow the ordering process, and you have the option to proceed directly to finalizing the order or to continue shopping on the Website.
(5) Before completing the order, you will be given the opportunity to select the delivery terms and, in certain cases, to enter a promo code guaranteeing a discount.
(6) You will also be required to provide details without which it is not possible for us to perform the contract. Such data are usually names, delivery address (when ordering goods), telephone number and e-mail address, and for merchant customers, company name, UIC, VAT number, managing director, as well as invoice details – if you require one, and in certain cases you will be given the opportunity to subscribe to news from the Site.
(7) Prior to completing an order, the Customer should ensure that they are ordering from a specifically selected product (good or service) with certain characteristics from the category they are interested in.
(8) The Customer shall be responsible and liable for ensuring that all details provided to Estel Swimwear in connection with the order are true, complete and accurate as at the date the order is placed.
Estel Swimwear reserves the right not to fulfil the order if the data provided by the customer is not accurate and cannot be contacted.
(9) Once satisfied with the contents and details of the order, the customer should click (click) on the “Order”, “Buy”, “Continue” or other similar option. By submitting the order, the customer authorizes Estel Swimwear to contact him in any possible way, when necessary in connection with the order placed, its delivery or the contract concluded. At this stage of the order, but before its completion, the Site indicates to the customer that there is a payment obligation.
Art. 12а. Separate and clear categories of goods and services with reduced value in promotional campaigns are available on the website. Promotional campaign discounts are valid only for orders placed after the start of the campaign. Requests from customers who exercise rights abusively in order to benefit from discounts on goods purchased before the campaign will not be granted.Art. 12b (1) Estel Swimwear issues vouchers of a certain value in certain cases, to be paid by the customer upon purchase.These vouchers can be used subject to the conditions and terms stated on the website. Unless otherwise stated in the specific voucher, vouchers of a certain value may also be used once against goods and services offered on the website which are not in a promotional campaign and which are of a value equal to or greater than the value of the voucher.In the event of the purchase of goods or services of a value exceeding the amount paid for the voucher, the customer is obliged to pay the seller the difference under the terms and conditions applicable to standard purchases and according to the method of payment chosen by the customer when selecting the specific good or service.Unless otherwise specified in the voucher, the same may be used for the purchase of goods or services offered on the site within 2 months from the issue (purchase) of the voucher. In the event of a purchase using a voucher of goods or services with a lower value, the difference is not refundable to the customer and cannot be transferred to other purchases on the site in the future.The same applies if the voucher is not used by you within the specified period. Unless otherwise stated in the voucher itself, the same may be used by any person who holds it.
(2) Unless otherwise stated on the voucher itself, the voucher is valid for up to 2 months from the date of issue.Order confirmation
Art.13 (1) When ordering via the Site or via social networks, the Site sends a notification to the user by email or at the address whereby the distance contract between you as a customer user and Estel Swimwear is deemed to be concluded under a condition precedent within the meaning of Art. 5 para. 10 of these “Terms and Conditions”. The notification shall also certify the successful registration of the order in the merchant’s system, which shall not have the meaning of acceptance, confirmation or commitment to fulfil it, unless otherwise specified in the notification.(2) The notification of acceptance and commitment to execute the order shall be made by the seller with the notification referred to in paragraph (1).1 or by a courier where the goods have already been delivered to him by the seller.In the latter case, the courier acts on behalf of Estel Swimwear. At its discretion, the merchant may notify the consumer and the customer merchant by email, by SMS or by call.(3) Until such time as the Seller is notified pursuant to paragraph 2, the Seller shall be entitled not to deliver some or all of the goods or not to perform some or all of the services of the order for various objective reasons, including but not limited to out of stock.In this situation, the seller’s only liability in the event of non-performance is to refund any price received in advance for the goods or services without compensation for non-performance. But before this happens,the customer is always informed by a telephone call.Entry into force of the contractArt.14(1) By virtue of the contract concluded between the parties, the seller undertakes, upon fulfilment of the conditions set out in Art. 10, to deliver, through third party courier companies, to the customer or to persons designated by the customer, the goods or services ordered by the seller within the terms and conditions of these “General Terms and Conditions”, and the buyer to pay the agreed price of the order, the transport costs determined by the courier company Econt and to accept the delivered goods or services.(2) The contract of sale concluded between the customer and the Seller shall consist of these “General Terms and Conditions” and any additional agreements between the Seller and the customer present in the confirmation of contract.(3) The risk of loss or damage to the goods shall be on the customer from the time the goods are handed over by the courier to the customer or third parties. In any case, if a transport defect is detected, the customer must inform Estel Swimwear on the same day of receipt.
