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GENERAL TERMS AND CONDITIONS OF USE OF NCANDLES.COM
These General Terms and Conditions govern the relationship between NCandles LTD and the Users of websites and services, located on the site www.ncandles.com, hereinafter referred to as “Users”.
NCandles LTD, VAT BG204831087, is a company registered under the Commercial Law of the Republic of Bulgaria, registered at 1517 Sofia, Letostruy 50 Str.; e-mail address: contact@ncandles.com; phone: +359888006533.
Please read the published Terms and Conditions before using the information and commercial services offered by the site www.ncandles.com (hereinafter referred to as Services).
The General Terms and Conditions are deemed accepted by the User upon placing an order through the website.
This document contains information about the activity of “NCandles LTD” and the General Terms and Conditions of use of the services provided by “NCandles LTD”, governing the relationship between the Merchant and each User.
The confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the User and “NCandles LTD”.
By accepting the General Terms and Conditions, the User agrees that information about them will be stored and processed in accordance with these Terms and the contract concluded between the User and www.ncandles.com. Such data may include names, telephone numbers, addresses, and e-mail.
Definitions
Website – www.ncandles.com and all its subpages.
User – any individual who acquires goods or uses services that are not intended for commercial or professional activity, and any individual who, as a party to a contract under this law, acts outside their commercial or professional activity.
General Terms and Conditions – the present General Terms and Conditions, including terms of use, privacy policy, cookies, registration and delivery rules, voluntary dispute resolution, contract withdrawal and exchange forms, and other legally relevant information available on the Website.
Personal data – any information relating to an identified or identifiable natural person.
Goods – movable tangible property, except for items sold through enforcement or other measures by authorized bodies, or items abandoned or confiscated in favor of the state.
Purchase and Sale Contract – a contract under which NCandles LTD transfers or undertakes to transfer ownership of goods to the consumer, who pays or undertakes to pay the price for the goods, including contracts having as their object both goods and services.
Service – any material or intellectual activity performed independently and intended for another person, which does not have as its main subject the transfer of possession of property.
Service Contract – a contract, other than a contract of sale, under which NCandles LTD provides or undertakes to provide a service, and the consumer pays or undertakes to pay the price for it.
Procedure for alternative settlement of consumer disputes – a procedure for out-of-court settlement of consumer disputes carried out by a competent body.
Provided Services
1. NCandles LTD is an e-shop available on the website www.ncandles.com through which consumers may conclude electronic contracts for the purchase and sale of goods offered by NCandles LTD.
Order
2. Users use the interface of the website to conclude electronic contracts for the purchase of goods offered by NCandles LTD.
2.1. The contract for the purchase and sale of goods is considered concluded when the order is confirmed by NCandles LTD.
2.2. In the absence of availability of a product, NCandles LTD reserves the right to cancel the order.
2.3. After selecting one or more products, the User must add them to the shopping cart.
2.4. The User must provide delivery details, choose a payment method, and confirm the order through the website interface.
2.5. Upon placing an order, the User receives an e-mail confirmation.
3. NCandles LTD reserves the right to refuse to conclude or to terminate a contract with a User in cases of misuse of the website or violation of these General Terms and Conditions.
3.1. Such cases may include, but are not limited to:
– use of offensive, threatening, abusive, or unlawful language in communication with representatives of NCandles LTD;
– repeated placement of orders without intention to complete the purchase;
– provision of false, misleading, or incomplete information;
– attempts to misuse the website, payment systems, or services;
– any other conduct that violates applicable law, these General Terms and Conditions, or the legitimate interests of NCandles LTD.
Prices and Discounts
4. The prices of the products offered in the online store are those listed on the NCandles LTD website at the time of ordering, except in case of an obvious error. The prices include VAT.
For consumers, the prices displayed on the website are final prices, including applicable VAT.
For business-to-business (B2B) transactions, VAT is applied in accordance with the applicable European Union VAT rules, depending on the place of delivery and the VAT status of the parties.
5. NCandles LTD reserves the right to change prices at any time without prior notice. Such changes shall not affect orders already placed.
6. NCandles LTD may grant discounts in accordance with Bulgarian legislation and internal rules.
6.1. Different types of discounts cannot be combined for the same product.
Payment
7. The User may pay the price of the ordered goods using one of the methods listed on the website:
– cash on delivery;
– bank transfer;
– credit or debit card.
8. In case of cash on delivery, the User pays the product price together with the delivery costs upon receipt.
9. If a payment method involves a third-party payment service provider, the User may be bound by the terms and conditions of such provider.
10. NCandles LTD is not responsible if a payment method involving a third party is unavailable due to reasons beyond its control.
Cancellation of Order, Withdrawal, Return and Replacement
11. The User may cancel an order within 24 hours of placing it by notifying NCandles LTD by e-mail.
The consumer shall not have the right to withdraw from the contract in the case of:
– products made according to individual specifications or personalized;
– services that have been fully performed with the prior explicit consent of the User.
Where applicable, consumers also have the right to withdraw from the contract within 14 days from the date of receipt of the goods, in accordance with Directive 2011/83/EU and applicable consumer protection legislation.
In case of withdrawal from the contract, the direct costs of returning the goods, including shipping and transport expenses, shall be borne by the consumer.
12. If the User wishes to return a product that is not personalized or custom-made, the product must be returned within 14 days from the date of receipt.
13. When returning products, the User bears the return shipping costs and must return the goods together with the receipt and/or invoice.
14. Returned goods must be in their original packaging, without signs of use or damage to their commercial appearance.
15. NCandles LTD has the right to postpone the refund until the goods are returned or proof of shipment is provided.
16. Failure to return goods without notification and justification shall be deemed withdrawal of the withdrawal request.
17. Where NCandles LTD has incurred costs in connection with the performance of the contract, it has the right to retain the corresponding amount.
18. NCandles LTD refunds the price paid for the returned goods.
Warranties and Complaints
19. NCandles LTD is not responsible for color differences due to monitor variations.
20. Product photos are illustrative and may differ slightly due to personalization and handmade production.
21. Product descriptions are approximate.
22–27. (unchanged)
Intellectual Property
28. The intellectual property rights of all materials and resources located on the NCandles LTD website (including the available databases) are protected by copyright law and related rights and belong to NCandles LTD and may not be used in violation of applicable law.
29. When copying or reproducing information beyond the admissible scope, as well as in the event of any other violation of intellectual property rights over the resources of NCandles LTD, NCandles LTD shall have the right to claim compensation for all direct and indirect damages suffered.
30. Unless expressly agreed otherwise, the User may not reproduce, modify, delete, publish, distribute, or otherwise disclose the information resources published on the NCandles LTD website.
31. NCandles LTD undertakes to exercise due care to ensure that the User has normal access to the services provided.
32. NCandles LTD reserves the right to suspend or discontinue access to the services provided. NCandles LTD has the right, but not the obligation, at its sole discretion to delete information resources and materials published on the website.
Termination of the Contract
33. NCandles LTD has the right to terminate the contract unilaterally, without prior notice, in case it establishes that the services provided are used in violation of these General Terms and Conditions, the applicable legislation of the Republic of Bulgaria, or generally accepted moral norms.
34. Except for the cases explicitly provided for in these General Terms and Conditions, the contract between the parties shall also be terminated upon termination of the activity of NCandles LTD or discontinuation of the maintenance of the website.
35. Outside the cases listed above, either party may terminate the contract by giving one (1) week’s prior written notice to the other party in the event of non-performance of contractual obligations.
36. The written form of the contract shall be deemed complied with by sending a message to the electronic mail address contact@ncandles.com, insofar as the declaration is technically recorded in a manner allowing it to be reproduced.
37. The parties to the contract shall not be liable for non-performance of their contractual obligations if such non-performance is due to force majeure. Force majeure shall mean an unforeseeable event beyond the control of the parties that could not have been avoided.
38. If such force majeure event continues for more than fourteen (14) days from the date of its occurrence, each party shall have the right to notify the other party of termination of the contract without owing any compensation for damages.
Safeguard Clause
39. The parties declare that if any provision of these General Terms and Conditions is found to be invalid by a court decision, this shall not result in the invalidity of the entire contract or any other part thereof. The invalid provision shall be replaced by the mandatory provisions of the law or established legal practice.
Amendments to the General Terms and Conditions
40. NCandles LTD undertakes to notify Users of any amendments to these General Terms and Conditions within seven (7) days of the occurrence of such amendments, via the e-mail address provided by the User.
41. If the User does not agree with the amendments to the General Terms and Conditions, the User has the right to withdraw from the contract without stating a reason and without owing compensation or penalty, by notifying NCandles LTD within one (1) month from receipt of the notification under the preceding clause.
42. If the User does not exercise the right to withdraw within the period specified above, the amendments shall be deemed accepted without objection.
Applicable Law
43. For all matters not regulated by these General Terms and Conditions, the provisions of the applicable legislation of the Republic of Bulgaria shall apply.
Regulatory Authorities and Alternative Dispute Resolution
44. The competent regulatory and supervisory authorities in relation to the activities of NCandles LTD are:
45. Consumer Protection Commission (CPC)
Website: https://kzp.bg/kontakti
Telephone: 0700 111 22
E-mail: info@kzp.bg
Address: Sofia, 4A Slaveykov Square, floors 3, 4 and 6
46. Personal Data Protection Commission (PDPC)
Website: https://www.cpdp.bg/
Telephone: +359 2 915 35 18
E-mail: kzld@cpdp.bg
Address: Sofia 1592, 2 Prof. Tzvetan Lazarov Blvd.
47. Consumers residing in the European Union may use the European Online Dispute Resolution (ODR) platform, provided by the European Commission, for the out-of-court settlement of disputes arising from online purchases.
The ODR platform is available at: http://ec.europa.eu/odr
48. Alternative Dispute Resolution (ADR) procedures are voluntary, out-of-court proceedings for resolving disputes related to contracts for the sale of goods or the provision of services.
49. A consolidated list of recognized ADR entities in the Member States of the European Union may be found at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show