General terms and conditions

The present GENERAL TERMS regulate the relationships between "DILON" Ltd., hereinafter referred to as "Merchant/s", on one side, and the Users of the internet pages and services located on the Site (hereinafter referred to as Users), on the other.

 

The site is managed by "DILON" Ltd., UIC 203244428, hereinafter referred to as "DILON".

 

Contact details:

email address: office@pamaura.com

phone: +359 886 537 710

 

DEFINITIONS

For the purposes of these general terms and conditions, the terms listed below shall be understood in the following sense:

Site - https://pamaura.com/ and all its subpages.

Consumer - is any natural person who acquires goods or uses services that are not intended for carrying out commercial or professional activities, and any natural person who, as a party to a contract under this law, acts outside the scope of their commercial or professional activities.

Merchant - an adult natural person or a legal entity represented by its legal representative, which offers its goods or services on the Site.

Personal data - information about an individual that reveals their physical, psychological, mental, family, economic, cultural, or social identity.

Goods - movable material items, with the exception of items sold under compulsory execution or through other measures by authorized legal bodies, as well as items abandoned or confiscated in favor of the state, announced for sale by state authorities. Goods also include water, gas, and electricity when offered for sale, packaged in a limited volume or in a specific quantity.

Service - any material or intellectual activity that is carried out independently, intended for another person and is not primarily aimed at transferring ownership of an object.

Sales contract - a contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer, and the consumer pays or undertakes to pay the price for them, including contracts that have as their subject both goods and services.

Service contract - a contract other than a sales contract, under which the trader provides or undertakes to provide a service to the consumer, and the consumer pays or undertakes to pay the price for it.

Procedure for Alternative Dispute Resolution for Consumer Disputes - a procedure for out-of-court resolution of consumer disputes, compliant with the requirements of this law and carried out by an authority for alternative resolution of consumer disputes.

 

SERVICES PROVIDED

  • On the Site, Users have the opportunity to enter into contracts for services or the purchase and sale of goods and services offered by the Merchants.

 

ORDER

  • Users use the Site's interface to place an order for the offered goods and services.
  • "The contract between the Consumer and the Merchant is considered concluded from the moment the order is confirmed by the Merchant."
  • The Merchant has the right to refuse to enter into a contract with an untrustworthy User when:
  • there is a breach by the User of the General Terms and Conditions;
  • "there is an incorrect, arrogant, or rude attitude from the User;"
  • with established systemic abuses by the User

 

PRICES

  • The prices of the goods or services offered are those indicated on the Site at the time of placing the order, unless otherwise expressly agreed.
  • The prices of goods and services include VAT, in cases where its charging is provided for.
  • "The merchant reserves the right to change the prices of the goods and services offered on the site at any time and without prior notice, and such changes will not affect orders that have already been placed."
  • The Merchant may offer discounts on the goods and services offered on the Site. Discounts may 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 discounts cannot be combined when ordering and purchasing the same goods/service, unless expressly stated otherwise.

 

PAYMENT

  • "DILON" administers the payments on the Site. The user can pay the price of the ordered goods/services by using one of the options listed on the website of their choice. Payment via PayPal is possible on the Site, and for orders made with delivery within the territory of the Republic of Bulgaria, the option of cash on delivery is applicable.
  • If the User chooses the courier delivery option and payment by cash on delivery, he must pay the price of the ordered items along with the courier delivery fee upon receiving the goods.
  • If the User chooses a payment method involving a third party - payment service provider, the User may be bound by the terms and conditions and/or fees of such third party. "DILON" is not responsible if a payment method involving a third party - payment service provider is unavailable or otherwise not functioning due to reasons that cannot be attributed to "DILON".

 

CANCELLATION OF CONTRACT AND REPLACEMENT

  • "Unless the Merchant has provided special rules for withdrawal from the contract, the rules of these General Terms and Conditions shall apply. "DILON" assists Consumers in exercising their rights under these General Terms and Conditions by administering the requests made to the Merchants."
  • The consumer has the right to withdraw from the contract without stating a reason, without owing compensation or penalty within 14 days from the date of receipt of the goods by the consumer or by a third party, and in the case of a service contract – from the conclusion of the service contract.
  • In order to exercise his right under this clause, the User must specify the goods or services he wishes to return.
  • To exercise the right of withdrawal, the Consumer may send the standard withdrawal form or another unambiguous statement, for which they receive confirmation of receipt.
  • The Consumer is obliged to return the goods at their own expense, necessarily together with the receipt and the invoice, if any, by handing them over to the Merchant or to a person authorized by the latter, within 14 days from the date on which the Consumer has exercised their right of withdrawal from the contract.
  • When returning, the goods must be in their original packaging, without signs of use or damage to the commercial appearance.
  • "The refund of payments may be postponed until the goods are received back or until proof is provided that the goods have been sent back, depending on which of the two events occurs first."
  • In the event that the User fails to fulfill their obligation to return the goods without notifying of the delay and without providing a valid reason for the same, it is considered that they have withdrawn their statement of exercising the right of withdrawal from the contract.
  • When the User returns a product or service with the right to a refund of the paid amount for any reason, the price subject to refund is reduced by the value of the discount received on the product or service, and only the actual amount paid is subject to refund.
  • "When expenses have been incurred in connection with the performance of the contract and the Consumer withdraws from the contract, the corresponding amount for the incurred expenses may be withheld or their payment may be demanded."
  • The consumer does not have the right to withdraw from the contract when its subject is:
  • goods made to the consumer's order or according to their individual requirements;
  • service that has been fully provided and its execution has begun with the express prior consent of the consumer and confirmation from their side that they are aware that they will lose their right of withdrawal once the contract has been fully performed by the trader;

 

WARRANTIES AND CLAIMS

  • "As long as the Merchant has not provided special rules for complaints, the rules of these General Terms and Conditions apply. "DILON" assists Consumers in exercising their rights under these General Terms and Conditions by administering the requests made to the Merchants."
  • The consumer has the right to make a complaint for any non-conformity of the goods or services with the agreed/ordered, when after delivery, discrepancies with the sales contract are found.
  • Any non-conformity of the consumer goods with the sales contract that manifests itself within 6 months after the delivery of the goods is considered to have existed at the time of delivery, unless it is proven that the lack of conformity is due to the nature of the goods or the nature of the non-conformity.
  • The consumer cannot contest the conformity of the consumer goods with the sales contract when, at the time of concluding the contract, he knew or could not have been unaware of the non-conformity;
  • The consumer has the right to make a complaint about the goods or services, regardless of whether the manufacturer or the trader has provided a commercial guarantee for the goods or services.
  • "When the satisfaction of the complaint is carried out by replacing the goods with another that corresponds to the agreement, the original warranty conditions are preserved."
  • When presenting the complaint, the consumer may claim a refund of the paid amount, for the replacement of the goods with another that corresponds to the agreement, or for a discount on the price.
  • "The complaint can be submitted verbally by phone or in writing via email, by mail, or delivered to the physical address. "DILON" provides access to a complaint form on its website."
  • When making a complaint, the consumer specifies the subject of the complaint, their preferred method of resolving the complaint, the amount claimed, and the address, phone number, and email for contact.
  • When submitting a complaint, the consumer must also attach the documents on which the claim is based, namely: a receipt or invoice; protocols, acts, or other documents establishing the non-conformity of the goods or services with the agreed terms; other documents establishing the claim in terms of grounds and amount.
  • The complaint regarding consumer goods can be made up to two years from the delivery of the goods, but no later than two months from the establishment of the non-conformity with the agreement. The complaint regarding services can be made up to 14 days from the discovery of the non-conformity of the service with the agreement.
  • "The term ceases to run during the time necessary to reach an agreement between the seller and the consumer to resolve the dispute."
  • If a commercial warranty is provided for the goods and the warranty period is longer than the periods for filing a complaint under paragraph 1, the complaint may be filed until the expiration of the commercial warranty period.
  • "Every complaint made is recorded in a register of submitted complaints. A document is sent to the Consumer at the email address provided by them, which specifies the complaint number from the register."
  • "Upon satisfaction of the complaint, a certificate is issued in two copies, one of which is mandatory to be provided to the Consumer. The certificate for the satisfaction of the complaint may also be drawn up in electronic form."
  • In the case of a valid complaint, the goods are returned in accordance with the sales contract within one month from the date the complaint is submitted by the Consumer.
  • If the goods are not repaired after the expiration of the period specified in the previous paragraph, the Consumer has the right to terminate the contract and to have the paid amount refunded or to request a reduction in the price of the consumer goods in accordance with Article 114 of the Consumer Protection Act.
  • "Bringing the consumer goods into conformity with the sales contract is free of charge for the Consumer. He does not owe any costs for the dispatch of the consumer goods or for materials and labor related to their repair, and does not suffer significant inconveniences."
  • In case of non-compliance of the consumer goods with the sales contract and when the Consumer is not satisfied with the resolution of the complaint, he has the right to choose between one of the following options:
  • termination of the contract and refund of the amount paid by it;
  • price reduction.
  • The consumer cannot claim a refund of the paid amount or a reduction in the price of the goods when the trader agrees to replace the consumer goods with new ones or to repair the goods within one month from the submission of the complaint by the consumer.
  • "The trader is obliged to satisfy a request for the cancellation of the contract and to refund the amount paid by the consumer when, after having satisfied three complaints from the consumer by repairing the same item within the warranty period, there is a subsequent occurrence of non-conformity of the goods with the sales contract."
  • The consumer cannot claim for the termination of the contract if the non-conformity of the consumer goods with the contract is minor.

 

INTELLECTUAL PROPERTY

  • The intellectual property rights to all materials and resources located on the "DILON" website (including the available databases) are protected by the Copyright and Related Rights Act, belong to "DILON" or to the respective indicated person who has transferred the right of use to "DILON", and cannot be used in violation of the applicable legislation.
  • "In case of copying or reproducing information beyond what is permissible, as well as in any other violation of intellectual property rights over the resources of 'DILON', 'DILON' has the right to claim compensation for both direct and indirect damages in full amount."
  • "Unless expressly agreed otherwise, the User may not reproduce, modify, delete, publish, distribute, or otherwise disclose the information resources published on the 'DILON' website."
  • "DILON" undertakes to exercise due diligence to ensure the User has normal access to the provided services.
  • "DILON" reserves the right to suspend access to the provided services. "DILON" has the right, but not the obligation, at its discretion to delete informational resources and materials published on its website.

 

RESCUE CLAUSE

  • The parties declare that, in the event that any of the clauses of these General Terms and Conditions is found to be invalid, this shall not result in the invalidity of the entire contract or other parts thereof. The invalid clause shall be replaced by the mandatory norms of the law or established practice.

 

CHANGE TO THE GENERAL TERMS

  • "DILON" undertakes to notify the Users of any changes to these general terms within 7 days of the occurrence of this circumstance to the email address provided by the User.
  • When the User does not agree with the changes to the general terms, they have the right to withdraw from the contract without stating a reason and without owing compensation or penalty. To exercise this right, the User must notify "DILON" within one month of receiving the notice under the previous article.
  • "In the event that the User does not exercise their right to withdraw from the contract in the manner provided for in these general terms and conditions, it is considered that the amendment is accepted by the User without objections."

 

APPLICABLE LAW

  • "For all matters not regulated by these General Terms and Conditions, the provisions of the applicable legislation of the Republic of Bulgaria shall apply."