TERMS AND CONDITIONS OF WWW.MERLENNE.COM

 

І. GENERAL PROVISIONS AND DEFINITIONS

  1. The present Terms and conditions are intended to regulate the relations between the limited liability company MERLENNE LTD, with seat and head office in Bulgaria, Sofia 1408, Triaditsa district, 139 Vitosha Blvd., entrance A, floor 7, apartment 22, unified identification code 204218685, represented by the General manager Desislava Rancheva, hereinafter referred to as “Trader”, and the persons loading in their preferred browser the Online store with domain www.merlenne.com, hereinafter referred to as “Online store”, including those entering into a contract for the sale and delivery of the goods offered by the Online store.
  2. The Trader MERLENNE LTD is a company with its seat and head office in Bulgaria, Sofia 1408, Triaditsa district, 139 Vitosha Blvd., entrance A, floor 7, apartment 22, registered in the Commercial register and register of NPLE under unified identification code 204218685 and with VAT identification number in Bulgaria: BG204218685. The Trader has the following correspondence details: Bulgaria, Sofia 1408, Triaditsa district, 139 Vitosha Blvd., entrance A, floor 7, apartment 22, е-mail: desislava.rancheva@gmail.com, tel.: +359888731628. The address of activity of the company is Bulgaria, Sofia, 9 Positano str., entr. A, fl. 3, office 8.

Contact details:

Telephone: +359888731628

Address: Bulgaria, Sofia, 9 Positano str., entr. A, fl. 3, office 8.

Email: clients@merlenne.com

  1. In accordance with the Terms and conditions of this document, the Trader shall provide goods to its Customers through the Online store www.merlenne.com. These conditions are binding on all visitors/Customers who have loaded the page.
  2. All visitors to the www.merlenne.com website should read these Terms and conditions carefully when loading/using the Online store. If a visitor/Customer does not agree with them, the latter should stop browsing/using the Online store.
  3. 5. Definitions: The terms used in these Terms and conditions have the following meaning:
  4. "Terms and conditions" are the present Terms and conditions for the use of the Online store (website), incl. the conclusion of an off-premises contract for the sale and delivery of the goods offered on the Website and the conditions related to its implementation, including its subsequent amendments, additions and termination.
  5. "Consumer" shall be any natural person who acquires goods that are not intended for carrying out a commercial or professional activity and any natural person who, as a party to a contract, acts outside the scope of his commercial or professional activity (in accordance with the definition of "consumer" according to 13, item 1 of the Additional provisions of the Bulgarian Consumer Protection Act (CPA).
  6. "Customer" shall be any person who has loaded the www.merlenne.com domain in their browser, viewed the content and/or made a registration on the Online store, and/or placed an order for the goods offered by it, incl. as guest. The term "Customer" also includes Consumers according to the definition under letter b).
  7. “Trader" in the sense of these Terms and conditions, as well as according to the definition of the CPA, is any natural or legal person who or which sells or offers for sale goods, or provides services to Customers, or who or which concludes a contract with a Customer within his/her commercial or professional capacity, whether in the public or in the private sector, as well as any person acting on his behalf and at his expense In the context of these Terms and conditions, "Trader" is MERLENNE LTD.
  8. "Off-premises contract" is any contract concluded between a Trader and a Customer under an organized distance sales or service-provision scheme without the simultaneous physical presence of the Trader and the Customer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
  9. "Goods" are any tangible movable items. Goods are also any tangible movable items that incorporate or are interconnected with digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions. In the context of these Terms and conditions, "goods" are clothes, accessories, and jewelry.
  10. "Order" means a legally binding declaration of intent of the Customer, with which the latter declares his desire to conclude a contract for the sale and delivery of goods available on the www.merlenne.com Online
  11. "Producer" shall be any natural or legal person who: a) in the course of the business thereof manufactures finished goods or substantially alters or reconditions goods with a view to placing them on the market, or b) presents himself/herself as a manufacturer by putting the name thereof or the business name, trademark or other distinguishing feature thereof on the goods, their packaging or the technical or commercial documents thereof. The Producer of the goods offered by www.merlenne.com is MERLENNE LTD.
  12. "Mending or repairing" a consumer good is bringing it into conformity with the contract for its sale when there is a discrepancy between them.
  13. "Commercial warranty” means any undertaking by the Trader or a Producer (the guarantor) to the Consumer, in addition to the Trader’s legal obligation to ensure the conformity of the goods with the sale contract, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the warranty statement or in the relevant advertising available at the time of, or before the conclusion of the contract.
  14. "Online store" is the electronic store (software), accessible when using a web browser or mobile application at the Internet address (domain) www.merlenne.com, through which Customers have the opportunity to conclude off-premises contracts for the sale and delivery of the goods offered by the Online store.
  15. "Interface" (or user interface) in the context of these Terms and conditions is the combination of application software and the graphical layout through which Customers perform actions on the Website.
  16. "Website" or in short "Site" is a designated place in the global Internet network, accessible through its unified address (URL) under the HTTP or HTTPS protocol and containing files, programs, text, sound, picture, images, hyperlinks or other materials and resources. In the context of these Terms and conditions, Website is merlenne.com (also Online store).
  17. "Domain" is a part of the hierarchical space of the global Internet network that has its own unique name (domain name) that must meet certain requirements. In order for a specific web page to be loaded, the domain name is typed into the browser field, and in the context of these Terms and conditions, the domain name is “merlenne.com".
  18. "Information society service provider" is a natural or legal entity that provides information society services. In the context of these Terms and conditions, the information society service provider is "MERLENNE" LT
  19. "Information society services" are such services, including the provision of commercial communications, which are normally provided for remuneration, at a distnce, by electronic means and at the individual request of a recipient of services. Electronic/online commerce represents information society services.
  20. "Digital Content" means data which are produced and supplied in digital form.

All other terms not explicitly defined above should be interpreted in accordance with the CPA, the Act on the supply of digital content and digital services and the sale of goods (ASDCDSSG) or or the relevant statutory instrument introducing a definition of the term. Should you have any questions or concerns, do not hesitate to contact us.

  1. Through the access to the Online store, Customers have the opportunity to conclude sale and delivery off-premises contracts for the goods, offered by the Online store, including the following:

6.1. To visit as guest or to register and create a profile in order to browse the Online store; To access the content published in the Online store; to access information about the Trader.

6.2. To make electronic statements in connection with the conclusion or performance of contracts with the Online store through the Interface of the Website accessible on the Internet;

6.3. To conclude sale and delivery contracts for the goods, offered by the Online store;

6.4. To make any payments in connection with the concluded contracts with the Online store, according to the payment methods supported by the Online store;

6.5. To receive information about new goods offered by the Online store;

6.6. To review the goods, their specifications, prices and delivery terms;

6.7. To be informed about the legal rights mainly through the interface of the Online store.

6.8. To receive the Online store’s newsletter after subscribing for it.

6.9. To share information about the goods offered by the Online store on Facebook, Twitter, Pinterest, LinkedIn or Behave.

6.10. To compare different goods.

7.1. Customers shall conclude an off-premises sale contract for the goods offered by the Online store through the interface of the Trader, available on its website at www.merlenne.com, or through another means of distance communication.

7.2. Under the off-premises sale contract with the customer, the Trader undertakes to deliver and transfer the ownership of the goods to the Customer, specified by him/her through the Interface.

7.3. The Customers shall pay the Trader the remuneration for the ordered goods in accordance with the terms and conditions specified on the Online store and these Terms and conditions. The remuneration shall be in the amount of the price announced by the Trader on the website of the Online store at the moment of the Order as well as the respective delivery costs indicated in the respective Order.

7.4. The main characteristics (description, additional information) of the goods offered by the Trader are defined in the account of each good on the Website of the Online store.

7.5. The Trader shall deliver the goods ordered by the Customers within the terms and conditions specified by the Trader on the website of the Online store and in accordance with these Terms and conditions.

7.6. The price for delivery shall be determined separately and expressly from the price of the goods depending on the tariff of the courier. Free delivery is provided for Orders wth delivery address in Bulgaria as well as for any Order exceeding a total amount of EUR 1000.

7.7. Тhe value of the postage and shipping costs is not included in the price of the goods and is determined by the Trader (or a courier chosen by him). It is provided as information on the website of the Online store, as well as in determining the total value of the order for all goods contained in it.

7.8. The Trader shall state before the conclusion of the contract the total value of the Order for all the goods contained therein.

  1. Through these Terms and conditions, the Trader, in his capacity as Information society service provider, provides the Consumers with information in accordance with the requirements of the Electronic Commerce Act (ECA).
  2. The Customer and the Trader agree that all statements between them in connection with the conclusion and undertaking of the sale contract may be made electronically and by electronic statements in accordance with the Electronic Document and Electronic Certification Services Act and Article 11 of the Electronic Commerce Act.
  3. These terms and conditions shall apply to all Customers, incl. to those for whom it can be concluded on the basis of the data provided for the conclusion of the sale contract or registration in the Online store that they are Consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

ІI. REGISTRATION. CONTRACT CONCLUSION. RIGHT TO WITHDRAW FROM THE CONTRACT

11.1. Customers of the Online store shall use the interface of the Trader’s Website to conclude off-premises sale contracts for the goods offered by the Trader in the Online store.

11.2. The contract is concluded in english, french or bulgarian – depending on the language version of the Online store chosen by the Customer.

11.3. The Online store offers technical means for identifying and correcting errors in the entry of information before the declaration of the conclusion of the sale and delivery contract is made. Once the statement is made, correction is only possible by sending an email and connecting with the Trader before the shipment of the Order.

11.4. Customers of the Online store shall request the conclusion of off-premises sale contracts by entering the requested delivery information and making a purchase as a guest or by making an electronic registration on the Trader’s website and entering the selected username and password for remote access.

11.5. To conclude a contract the Customer must be at least at the age legally required under local law where he/she is a resident in order to bind himself/herself legally to these Terms and conditions. By doing so the Customer confirms that he/she meets this requirement. Concerning Customers established in Bulgaria, for minors (under 14 years of age) the registration and acceptance of the Terms and conditions are carried out instead of them and on their behalf by their legal representatives, and for minors (14 to 18 years of age) with the consent of their legal representatives. In the second hypothesis, by registering, the Customer declares that he obtained the consent of his/her legal representatives.

 The Customer must tick a box indicating that they have read and agree to these Terms and conditions as well as to the Privacy policy, which form an integral part of any contract concluded between him/her and the Trader. The Customer’s username is taken from the registration email specified by the Customer.

11.7. In the event that any of the mandatory fields for registration are not filled in, the Online store software does not allow completing the registration form and indicates to the Customer which of the mandatory fields lacks information that should be completed.

11.8. The Trader shall confirm the registration made by the Customer by sending a letter to the e-mail address specified by the Customer.

11.9. Upon registration, the Customer shall provide correct and up-to-date data. In the event of a change, the Customer shall update the information provided in the registration in a reasonable time.

11.10. By entering their information and confirming the Terms and conditions by ticking the checkbox when registering or ordering, the Customer declares that he/she is  aware of these Terms and conditions, agrees with their content and undertakes to comply with them unconditionally.

  1. The Customer shall be a party to the off-premises contract with the Trader in accordance with the data provided at registration and contained in the Customer’s personal profile. For the avoidance of doubt – these are the data under which the account with the Trader was created.
  2. The Customer shall take the following actions to conclude the sale off-premises contract with the Trader:

13.1. Registration in the Online store or providing the necessary data for purchase without registration (as guest);

13.2. Selecting one or more of the goods offered on the Online store and adding them to a shopping cart;

The Customer selects the goods he/she wishes to purchase, their size, quantity and adds them in his/her shopping cart.

13.3. Checkout and providing delivery details;

When ready to place the order, the Customer shall proceed to checkout and insert all relevant details (email address, delivery address). The Customer may correct any errors before placing the Order by using the back button of the browser.

13.4. Choosing the payment method;

13.5. Placing the Order;

13.6. Confirmation of the Order by the Trader via email.

  1. The off-premises contract between the Trader and the Customer shall be considered as concluded at the moment of the sending of the written confirmation of the order by the Trader to the email provided by the Customer according to art. 13.5 of these Terms and conditions, provided that none of the parties has exercised their right of cancellation under Art. 15.1 or Art. 15.2 of these Terms and conditions.

14.1. By virtue of the off-premises contract concluded with the Customer for the sale and delivery of goods, the Trader undertakes to deliver and transfer to the Customer the ownership of the goods selected by him through the Website interface.

14.2. The off-premises contract concluded between the Trader and the Customer will be stored by the Trader through technical means, and the Customer will have access to it in the profile created by him on the site, as well as on the email provided.

14.3. Placing an order with the Trader is subject to payment of the corresponding price indicated in the Order, as well as with the respective expenses for delivery and the chosen payment method (if applicable).

14.4. The concluded off-premises contract shall have a term until the expiry of 2 (two) years from the date of delivery of the respective Order with regard to the warranty period.

14.5. No additional charges for the use of the means of distance communication for the conclusion of the contract will be calculated other than at the basic rate.

15.1. The Trader has the right to cancel an order in any of the following scenarios:

  • in case of lack of availability of the relevant good;
  • in force majeure circumstances;
  • impossibility of fulfillment of the Order by the Trader due to circumstances beyond his control.

In any of these scenarios, the Trader notifies the Customer of the reason for the refusal in writing and refunds the amounts paid by the Customer in accordance with these Terms and conditions.

15.2. Cancellation of an Order can be made by the Customer at the latest of the moment the Order is given to the Courier.

  1. The Trader reserves the right to limit at his sole discretion the quantity of goods from one kind a single Customer can order from the Online store. This limitation may apply also to Customers using the same billing or shipping address.
  2. 17. All Customers should have in mind that there may be minor differences between the actual good and the way it appears on the Online store, e.g., in relation to appearance, color, texture or finish. The Trader shall not be held liable for such minor differences.
  3. 18. The Trader does not offer exhanges. Customers may exercise their right to withdraw from the contract and then order the goods they would like to receive instead.

19.1. The Consumer has the right to withdraw from the contract within 14 days from the date of receiving the goods, without giving any reason and without compensation or penalty. In the event that the Consumer exercises his/her right of withdrawal, the Trader is obliged to reimburse in full the amounts paid by the Consumer no later than 14 days from the date the Consumer has exercised their right to withdraw from the contract using the same means of payment as the Consumer used for the initial transaction (unless the Consumer has expressly agreed otherwise and provided that he won’t incur any costs).The Trader has the right to withhold the reimbursement until receipt of the goods.

19.2. The Consumer, who wishes to exercise his right to withdraw from an off-premises contract, should notify the Trader within the above-mentioned 14-day period in one of the following manners:

  • by submitting the standard form for exercising the right of refusal according to Appendix No. 6 to Art. 47, para. 1, item 8 of the CPA at the following address: Bulgaria, Sofia, 9 Positano str., entr. A, fl. 3, office 8.
  • by sending the completed form to the following email address: clients@merlenne.com
  • by sending the completed form by post or courier to the following address: Bulgaria, Sofia, 9 Positano str., entrance. A, floor. 3, office 8.
  • by stating otherwise unequivocally his/her decision to withdraw from the contract.

In the notice of withdrawal from the contract, the Consumer should indicate the content and value of the order, details of the person who placed the order, details of the person who accepted the delivery, as well as the date of delivery.

The standard form for facilitating the exercise of the right of refusal according to Appendix No. 6 to Art. 47, para. 1, item 8 of the Consumer Protection Act can be downloaded from here: https://www.kzp.bg/bg/standarten-formulyar-za-uprazhnyavane-pravo-na-otkaz-pri-online-pokupki/ Should you need any help completing the form, do not hesitate to contact us.

19.3. The Trader confirms the receipt of the notification of withdrawal from the contract electronically by sending a confirmation email to the Consumer.

19.4. In the event that the Consumer has exercised his right to withdraw from the contract remotely, the latter must send or hand over the goods to the Trader at the following address: Sofia, 9 Positano str., entr. A, fl. 3, office 8 without undue delay and no later than 14 days from the date on which the Consumer notified the Trader of his decision to withdraw from the contract.

When returning goods, the Consumer shall ensure that they are in a new, unworn, not stained, unused, undamaged condition, well packaged in their original packaging,  labels intact, and well protected.

19.5. In the event that the Consumer does not fulfill his/her obligation within the above-mentioned period, without notifying the Trader of the delay and without providing a valid reason for the same, it is considered that he/she has withdrawn his statement to exercise the right to withdraw from the contract.

19.6. The Consumer pays the direct costs of returning the goods according to the manner he chooses to return the goods. The Trader does NOT bear the costs of returning the goods. If the Consumer has paid import charges in connection with their Order, the latter shall seek reimbursement directy from the relevant authority in his/her destination. The Trader has no obligation to assist him/her in this process.

19.7. The Consumer is responsible for the diminished value of the goods resulting from the trying of the goods other than what is necessary to establish the nature, characteristics and their good functioning.

19.8. The Trader is not obliged to reimburse the supplementary costs of delivery of the goods (initial delivery from the Trader to the Consumer) where the Consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the Trader.

19.9. The right to withdraw from the contract is not applicable when the subject of the contract is:

  • delivery of goods made to the Consumer’s specifications or customized to his or her individual requirements, as well as
  • delivery of goods which, due to their nature, may deteriorate in quality or expire rapidly.
  • delivery of sealed goods which were unsealed after delivery and are not suitable for return due to hygiene reasons or health protection.
  • for the delivery of goods which, after delivery, according to their nature, inseparably mixed with other items.
  • in the other cases of art. 57, para. 1 of the CPA.

19.10. The Consumer undertakes to keep the goods received from the Trader, their quality and safety during the 14-day return period.

ІII. GOODS DELIVERY AND PAYMENT

  1. The Trader is obliged to deliver the goods ordered by the Customer by a courier company (chosen аt his discretion) to the address indicated by the Customer or to an office of the courier company, according to the Customer’s choice. The Trader shall not be liable in the event that the data provided by the Customer is incorrect, incomplete or misleading/false. International delivery costs and fees may apply.

20.1. The processing of each Order takes up to 2 (two) working days. After processing the Order, the Trader hands over the parcel to the courier company for delivery.

20.2. The Trader shall deliver and transfer the Goods to the Customer within the period specified in the Contract. Depending on the address of delivery, the delivery takes place within a period of 1 (one) to 30 (thirty) calendar days, counted from receipt of confirmation of the Order. After inserting the address details in the Order, the period for delivery to this exact location will be indicated before finishing and placing the Order. Delivery timeframes are estimates and may vary depending on the delivery location.

20.3. The Trader is not liable for any losses arising from delay in delivery to the extent that this is due to circumstances beyond its reasonable control and where the Trader could not have taken action to deal with the delay. For example, delays resulting from customs clearance procedures or other actions of relevant authorities are generally outside the Trader’s control.

20.4. The period of delivery of the goods and the starting point from which it runs is determined for each good separately upon conclusion of the off-premises contract with the Customer through the website of the Online store, unless the goods are ordered in a single delivery.

20.5. In cases where the Customer has chosen as payment method bank transfer, the term under Art. 20.2 begins to run from the day of receipt of the payment by the Trader.

20.6. If the Trader is unable to perform the contract because the ordered goods are unavailable or in any of the cases of cancelation under Art. 15.1 or Art. 15.2 of these Terms and conditions, the Trader shall notify the Customer and refund the amounts paid by him after deducting any fees, incl. bank fees, paid by the Trader for the refund (only if the Customer is the one that cancelled the Order) within 14 days from the date of notification of the cancellation. It may take up to 10 days for the refund to appear in the Customer’s account.

20.7. The Customer shall examine the goods at the time of delivery and if they do not comply with the requirements he shall notify the Trader immediately.

20.8. In case the goods are damaged during delivery, there are visible defects or discrepancies, incl. discrepancy of the delivered goods in terms of model, color, size, quantity or other aspects visible during inspection, the Customer should contact the representative of the courier to draw up a report of findings. In the event that the Customer does not proceed with this when receiving the order, the latter has no right to make claims/complaints regarding visible defects or discrepancies, incl. regarding inconsistencies of the delivered goods in terms of model, color, size, quantity or other aspects visible during inspection.

  1. The Trader shall deliver the goods and guarantee the rights of the Customers of the Online store, in accordance with the relevant standards and conditions provided by law, in the framework of good faith, accepted in practice, consumer or commercial law.
  2. The Customer is obliged to provide access to his/her address for the performance of the delivery.
  3. 23. The delivery can be made to the Customer or to any person who accepts it at the address specified by the Customer. In both cases, the Order is considered duly accepted by the Customer.
  4. 24. In case of impossibility of delivery during the first visit to the address indicated by the Customer due to his fault or due to his absence, the person carrying out the delivery informs the Customer about the visit and provides him with contact details to specify a new visit. In the event that the Customer does not contact the representative of the courier within 3 days of receiving the notification or in case of impossibility of delivery and during a second visit, which is not the fault of the courier, the off-premises contract is automatically terminated and the Trader is released from its obligation to deliver the ordered goods. The same applies to cases in which the Customer unreasonably refuses to accept the goods. In these cases, the Trader refunds the amount paid by the Customer from which he deducts the costs of delivery and return of the goods to his site, as well as the relevant bank fees (if applicable).
  5. Ownership of the goods and any risks of loss or damages are transferred by the Trader upon their delivery to the Customer. The delivery of the goods will be certified by the Customer’s signature on the transport document provided by the courier. With the signature, the Customer certifies the absence of visible defects or discrepancies, incl. discrepancies of the delivered goods in terms of model, color, size or other visible characteristics.
  6. 26. The Customer is responsible for assuring that the goods can be lawfully imported to the destination, and shall comply with all applicable laws, regulations, certifications and rules of the destination into which he/she imports the goods.
  7. All prices of the goods announced on the Trader’s website are in EUR/BGN (depending on the choise of currency of the Customer) including VAT and any other taxes or fees required by law, with the exception of the costs of delivery of the goods, any import charges and the chosen by the Customer payment method, which are all at the Customer’s expense.
  8. 29. The Trader reserves the right to change the prices of the goods offered on the Online store at any time and without warning, and such changes will not affect Orders already placed. The price change applies to Customers from the moment of its announcement in the Online store. The Customer is obliged to pay the price announced at the time of the Order.
  9. 30. At the time of placing the Order, the Customer chooses one of the following payment methods:
  • With a debit/credit card through a virtual POS terminal integrated into the Trader’s website by Stripe (payment processor) - immediately after completing the O
  1. In case the Customer choses payment with debit/credit card via Stripe or MyPos, he/she shall enter all relevant details of the card in the integrated by Stripe/ MyPos payment platform. The Trader does not access or process the debit/credit card details.
  2. When the Customer has requested the issuance of an invoice and has specified the necessary data when placing the Order, the Trader shall hand the original invoice to him at the time of delivery of the goods.

32.1. In the case of online payments, the Trader shall not be liable for any costs in connection with any charges, commissions or other additional payments made by the Customer or his bank in connection with the transaction, as well as in the case of currency exchange applied by the Customer’s bank where the currency is other than BGN.

  1. The Customer aknowledges that: 1) he/she will be charged by the Trader/his third party payment processor through the payment method he/she has selected at checkout and such other amounts payable under the present Terms and conditions that may be due in connection with the Order; 2) he/she will provide valid and current personal and bank card information and 3) he/she may be charged by a bank or credit/debit card issuer with additional fees or surcharges (in accordance with the terms and conditions of the respective service the Customer uses).
  2. The final price indicated for each good does not include the value of delivery costs or import charges. The amount of the delivery costs depends on the delivery method chosen by the Customer (to an address or to an office if applicable), the weight of the Order and the delivery location and are indicated according to the current price list of the courier in the Online store after inserting the respective delivery address details. As stated above, free delivery is provided for Orders with delivery address in Bulgaria as well as for any Order exceeding a total amount of EUR 1000.
  1. WARRANTY AND CLAIMS
  1. The Trader is liable to the Customer for any lack of conformity of the ordered goods with the off-premises sale contract, which exists at the time of delivery of the goods and is manifested until 2 (two) years after its delivery.
  2. 36. The period under Art. 35 is suspended during the time necessary to the Trader to bring the goods into conformity.
  3. Goods damaged due to improper use (incl. not following the instructions for care of the good) or by accident, are not subject to warranty.
  4. 38. In case of non-conformity of the goods with the sale contract, the Customer has the right to:
  5. file a claim, requesting to bring the goods into compliance with the off-premises sale contract or
  6. to receive a proportionate reduction in price or
  7. to rescind the contract unless the non-conformity is minor.
  8. In the hypothesis under Art. 38, item 1 of these Terms and conditions, the Customer may choose between repair or replacement of the goods, unless this proves impossible or would lead to disproportionately large costs for the Trader, taking into account all the circumstances of the specific case, including:
  • the value that the goods would have had there been no lack of conformity
  • the significance of the discrepancy and
  • the possibility of providing other means of protection to the Customer without significant inconvenience to him.
  1. The Customer has the right to request a proportional reduction of the price or cancellation of the contract in the following cases:
  2. The Trader has failed to repair or replace the goods or has refused to bring the goods into conformity.

2 a discrepancy appeared despite the actions taken by the Trader to bring the goods into compliance; in case of non-conformity of durable goods, the Trader has the right to make a second attempt to bring the goods into conformity within the warranty period.

  1. the non-conformity is so serious as to justify an immediate price reduction or cancellation of the contract of sale, or
  2. the Trader has stated, or it is clear from the circumstances that the latter will not bring the goods into conformity within a reasonable time or without significant inconvenience to the Customer.
  3. A claim shall be submitted no later than two months after the non-conformity is established.
  4. The claim should be presented to the Trader in writing or orally. In the claim, the Customer indicates the subject of the claim, his preferred way of satisfaction of the claim, the claimed amount, as well as a contact address. Written claims should be addressed to:

Address: Bulgaria, Sofia, 9 Positano str., entr. A, fl. 3, office 8.

Email: clients@merlenne.com

  1. When submitting a claim, the Customer must also attach the documents on which the claim is based:
  2. receipt, invoice or document certifying payment.
  3. protocols, acts or other documents establishing the non-compliance of the goods or the service with the agreed upon.
  4. other documents establishing the basis and amount of the claim.
  5. When the discrepancy is eliminated by repairing or replacing the goods, the Customer makes the goods available to the Trader. When replacing the goods, the Trader receives the replaced goods back from the Customer at his own expense.
  6. 45. The Customer pays the costs for sending the goods to the Trader when he cannot deliver them to him personally.
  7. 46. The Trader brings the goods into compliance with the sales contract within one month, counting from the submission of the complaint by the Customer, when the latter is deemed justified. If the claim is unjustified (as indicated in Art. 37), the Trader invites the Customer to receive back the respective good/s or offers to send them through courier at the expenses of the Customer.
  8. Where the carrying out of repairs requires the dismantling of the goods which were installed according to their nature and purpose before the non-conformity occurred, or where such goods are to be replaced, the Trader shall dismantle the non-conforming goods and install the replacement goods or the repaired goods, or, accordingly, bears the costs of dismantling and installing the goods.
  9. The price reduction is proportional to the difference between the value of the goods received by the Customer and the value that the goods would have had there been no lack of conformity.
  10. In the event that the Trader accepts the complaint as justified, he reimburses the Consumer for the expenses incurred by him in a manner agreed between the parties.
  11. The Customer exercises his right to terminate the contract by means of an application to the Trader, with which he notifies him of his decision to terminate the sales contract.
  12. Where the non-conformity concerns only some of the goods delivered under the sales contract and there is a reason to terminate the contract, the Customer has the right to terminate the sales contract only in respect of those non-conforming goods, as well as in respect of all other goods acquired together with the non-conforming goods, if it cannot reasonably be expected that the Customer will agree to keep only the conforming goods.
  13. 52. When the Customer terminates the sales contract in whole or in part only with respect to some of the goods delivered under the sales contract, the Customer is obliged to return these goods to the Trader without undue delay and no later than 14 days from the date on which the Customer has notified the Trader of his decision to terminate the sales contract. The deadline is considered to have been met if the Customer has returned or sent the goods back to the Trader before the expiry of the 14-day period. All costs for returning the goods, incl. shipping of the goods are at the Trader’s expense.
  14. 53. The Trader refunds the Customer the price paid for the goods after they have been received. The Trader refunds the amounts received using the same means of payment used by the Customer in the initial transaction, unless the Customer has expressed his consent to use another means of payment and provided that this is not associated with costs for him.

ІV. DISCOUNT COUPONS (CODES)

54.1. The Trader оffers a 20% discount coupon for first Order to every Customer that subscribes for the Online store’s newsletter service.

54.2. The Trader reserves the right to offer the following discount coupons to Customers:

  • 30% - for Orders exceeding EUR 2500…..
  • 25% - for Customer’s on their birthdays.
  • From 20% to 70% for clients of Merlenne Club Programme.

54.2.1 The discounts for the Costumers of Merlenne Club are possible only for its members and are available on a different page of the site visible only for the members.

54.3. The promotion is open to Customers who have received a discount coupon from the Trader.

54.4. The Trader undertakes to send by email a discount coupon to every Customer who has subscribed for the newsletter service within a period of 2 days from the Customer’s subscription. The discount coupon for Customer’s birthdays is sent on the date of their birthday for the subscribed costumers only. The other discount coupons are sent at the discretion of the Trader.

54.5. The Customer may use the discount coupon with all the goods avalaible in the Online store with the exception of already discounted goods and shall enter the discount coupon received from the Trader in the basket section before placing the Order.

54.6. The discount coupon does not apply to the costs of delivery.

54.7. The Customer inserts the discount coupon in the box “Coupon code”, available at the checkout.

 

  1. PERSONAL DATA PROTECTION
  2. The Trader processes personal data of natural persons for the purpose of providing information society services consisting in electronic trading of goods.
  3. 56. The Trader shall take action to protect the Customer’s personal data in accordance with the General Data Protection Regulation, the Bulgarian Personal Data Protection Act (PDPA) and other applicable legislation.
  4. In order to protect the security of each Customer’s personal data, the Trader shall send the data only to the e-mail address provided by the Customer at the time of registration.
  5. At any time, the Trader shall have the right to require the Customer to identify himself and to certify the authenticity of any of the circumstances and personal data declared at the time of registration.
  6. The Customer hereby is notified that by providing any personal data to the Trader, it may be used by the latter for the following purposes: maintaining the Customer’s account, including registering orders, shipping ordered goods, invoicing, resolving disputes with Customers regarding their orders or dealing with their requests and sending messages or periodic notifications to the e-mail address provided by the Customer at the time of registration. For marketing purposes (sending newsletters, etc.), the Customer shall give an explicit consent.
  7. 60. The information under Art. 13 of Regulation (EU) 2016/679, related to the processing of personal data of natural persons, incl. purposes and legal basis for the processing, storage periods, rights of the subjects, recipients of the data, etc. essential information regarding the processing are described in detail in the privacy policy of www.merlenne.com, available at the following link: …………….. The technical protection measures implemented by the Trader are also described in the policy.
  1. COOKIES POLICY
  2. Cookies shall be used in the Online store for the purpose of proper functioning of the Website of the Online store, analysis of the behaviour of visitors to the website and/or for advertising (if the relevant legal basis apply).
  3. “Cookies” are defined as small text files consisting of letters and numbers that shall be stored on the website visitor’s computer, mobile phone or other terminal equipment through which the Customer accesses the Internet. Cookies shall be set by a request submitted by the Customer’s terminal to the server of the Online store or to the server of a third party.
  4. Cookies allow the recognition of the Customer’s terminal and the presentation of the content in a way that is relevant and adapted to the Customer’s preferences. Cookies help to ensure that visitors to the website experience a good time and support the Trader’s efforts to provide services that are as tailored as possible to customer/consumer, for example on online privacy preferences, shopping bag or relevant advertisements.
  5. The Online store www.merlenne.com uses different types of cookies which store browser information of Customer in order to provide the services offered by the Trader. Detailed information about cookies can be found in the Cookie policy.

VII. INTELLECTUAL PROPERTY RIGHTS

  1. All information resources published in the Online store, incl. but not exhaustively: design, texts, photos, logos, trademarks, audio and video materials, etc., as well as the program code of the Website, constitute intellectual property owned by the Trader (or used lawfully by the latter) and are subject to protection under the Copyright and Neighboring Rights Act, the Trademarks and Geographical indications Act or other applicable legislation.
  2. 66. The use of any information published in the Online store by copying, changing, reproducing, publishing, distributing or in any other unauthorized way, without the consent and permission of the holder of the relevant intellectual property right, constitutes a violation and leads to the engagement of the corresponding responsibility of the Customer in accordance with the current Bulgarian legislation. Exceptions apply for the cases of free use of works as defined in the applicable legislation.

VIII. AMENDMENT OF THE TERMS AND CONDITIONS

67.1. These Terms and conditions may be amended by the Trader, for which he shall notify all Customers of the Online store who have a registration 7 days of the occurrence of this circumstance in an appropriate manner.

67.2. The Trader and the Customer hereby agree that any amendment and modification of these terms and conditions shall be binding on the Customer after the Customer has been expressly notified by the Supplier and if the Customer does not declare that he rejects them within one month of notification of these circumstances in accordance with Article 147b of the Consumer Protection Act.

67.3. The Customer hereby agrees that all statements of the Trader regarding the amendment of these terms and conditions shall be sent to the e-mail address provided by the Customer upon registration. The Customer agrees that e-mails sent under this clause do not require to be signed with an electronic signature in order to be binding for the Customer.

  1. The Trader shall publish these Terms and conditions at www.merlenne.com, including any amendments and modifications thereof.
  2. The Trader reserves the right to interrupt access to part or all the Online store, without the Customer’s consent, for an unlimited period of time, planned or accidental, without being responsible for any damages to the Customer as a result of the suspension.
  1. LIABILITY OF THE TRADER

70.1. The Customer undertakes to indemnify and hold harmless the Trader in court actions and other claims of third parties (whether justified or not), for all damages and expenses (including attorney's fees and court costs) arising out of or in connection with (1) failure to perform any of the obligations under this contract, (2) breach of copyright or intellectual or industrial property rights, (3) wrongful assignment to others of rights granted to Customer during the term and subject to the conditions of the contract, and (4) misrepresentation of the existence or absence of Consumer status within the meaning of the Consumer Protection Act.

70.2. The Trader shall no be liable for any damages caused by the Customer to third parties.

70.3. The Trader shall not be liable for any pecuniary or non-pecuniary damages in the form of loss of profits or damages suffered by the Customer in the process of using the Online store and concluding sale contracts with the Trader, including such resulting from news and articles accessible in the Online store.

70.4. The Trader shall not be liable for any damages or loss of profits suffered by a visitor/Customer due to unavailability of the Website because of force majeure or other objective circumstances over which the Trader has no control.

70.5. The Trader is liable for any damages caused by a defective good in accordance with the provisions of the CPA, incl. liability for personal injury or death caused by negligence.

70.6. In no event will there be any liability for Customer’s business losses. Any liability shall not exceed the purchase price of the relevant good and is strictly limited to losses that are reasonably foreseeable.

  1. TERMINATION OF TRADER CONTRACTS. FORCE MAJEURE
  2. The customer’s contract with the Trader shall be terminated in the following cases:

71.1. In case of termination and liquidation or bankruptcy of one of the parties to the contract;

72.2. By mutual written agreement of the parties;

72.3. Unilaterally, by notice from either party in the event of the other party’s failure to perform its obligations;

72.4. In the event of objective impossibility of either party to the contract to perform its obligations;

72.5. In case of exercise of the right of withdrawal in accordance with Art. 19.1 of these terms and conditions.

  1. 73. The Trader is released from responsibility for non-fulfillment of the contract, which is a direct and immediate consequence of the occurrence of force majeure circumstances. Force majeure is an unforeseen or unpreventable event of an extraordinary nature that occurred after the conclusion of the contract.

73.1. In the event that the Trader refers to force majeure circumstances, the same immediately informs the Customer that there have been obstacles of an objective nature that will thwart the execution of the delivery of the goods.

73.2. The Trader notifies the Customer of the moment of termination of the event.

73.3. In cases of force majeure and to the extent that they have an impact on the delivery terms, the respective terms are extended by the time during which the force majeure was present.

73.4. In the event that the relevant event lasts more than 2 (two) months, both parties have the right to withdraw from the contract.

  1. BODIES REGULATING THE TRADER’S ACTIVITY. COMPLAINTS
  • Commission for the Protection of Personal Data

Address: Sofia 1592, Prof. Blvd. Tsvetan Lazarov" No. 2

Website: www.cpdp.bg   

Email: kzld@cpdp.bg

Phone: 02/91-53-519

  • Commission for Consumer Protection

Address: Sofia, PK 1000, 4A Slaveykov Square, 3rd, 4th and 6th floors

Website: https://kzp.bg/kontakti

Email: info@kzp.bg

User phone: 0700 111 22

Phone: 02/9330565

  • Commission on Protection of Competition

Address: Sofia 1000, 18 Vitosha Blvd

Website: https://www.cpc.bg

Email: delovodstvo@cpc.bg

Phone for inquiries: 02/ 935 62 22

74.1. If the Customer wishes, he/she may address all complaints regarding the activity of the Online store and the goods offered by it to the following email address: clients@merlenne.com

74.2. The Trader undertakes to consider the complaint in a timely manner without discrimination, in good faith and impartially and shall respond to Consumer in writing within 7 (seven) working days after receipt thereof.

74.3. If the Trader refuses to satisfy the compaint, the latter shall give reasons for its refusal.

74.4. If the Trader accepts the complaint as justified, the latter shall take the necessary actions to satifsy it.

XII. FINAL PROVISIONS.

  1. If any provision of these Terms and conditions is held to be invalid or unenforceable, this shall not affect the validity or enforceability of the other remaining provisions.
  2. To the matters not regulated in these Terms and conditions, the provisions of the effective Bulgarian legislation shall apply.
  3. The Trader provides continuous access to these Terms and Conditions at the following link: https://merlenne.com/terms-and-conditions/
  4. The Trader is not responsible for the content and safety of sites to which links and banners published on this Online store refer.
  5. 77. The Customer should immediately notify the Trader in case of access to his user profile by an unauthorized person, as well as in case of any other breach of information security. The Trader is not responsible for the damage caused by unauthorized access, regardless of whether the latter was carried out with or without the Customer’s knowledge.
  6. Any disputes arising between the parties in relation to these Terms and conditions, including disputes arising out of or relating to their interpretation, invalidity, non-performance or termination, shall be resolved by mutual agreement. Consumers may also uses the online dispute resolution platform available at: . https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase. In the event that an agreement cannot be reached, all disputes will be referred for resolution to the competent Bulgarian court or the Commission for Consumer Protection.
  7. These terms and conditions shall enter into force on 5 October 2024 and are integral part of the content of any off-premises contract conluded between the Trader and the Customer.