Terms of Service

The current Terms of Service govern the relations between „DILON” Ltd., referred to as “DILON”, on one part, and the Consumers of internet pages and services, placed on the site (referred to as Consumers), on the other side.

Contact details:
email – office@pamaura.com
phone number: +359 886 537 710

Definitions

For the purpose of these Terms of service, the following Terms are to be understood as follows:

Website – https://pamaura.com/ and all of its subpages

Consumer – is any natural person who acquires goods or services that are not intended to engage in commercial or professional activity and any natural person who, as a party to a contract, acts outside the scope of his trade or profession.

Trader – an adult natural person or legal entity, represented by its legal representative, who offers its goods or services on the Site;

Personal data – any information about an individual which reveals his or her physical, psychological, mental, family, economic, cultural or social identity.

Goods movable tangible property, with the exception of items sold by an action of enforcement or other measures by lawful authorities, as well as property that is abandoned or withdrawn in favor of the state and put up for sale by public authorities. Goods are also water, gas and electricity when offered for sale, packaged in a limited volume or in a certain quantity.

Service – any material or intellectual activity carried out in an independent manner, intended for third party and does not have as its main object the transfer of possession of property.

Sales Contract – a contract under which the Trader transmits or is obliged to transfer the ownership of goods to the Consumer and the Consumer pays or is obliged to pay the price for the goods, including contracts involving both goods and services.

Service contract – a contract other than a sale 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.

Alternative Consumer Dispute Resolution an out-of-court settlement procedure for Consumer disputes that meets the requirements of the Consumer protection act and is executed by an alternative Consumer dispute resolution body.

Provided Services

On the Site the Consumers have the option to conclude contracts of sale and service contract of the suggested from “DILON” goods.

Order

• The Consumers use the interface of the “DILON”’s website to conclude sales contracts concerning the offered services and goods.
• The contract between the Consumer and the Merchant is considered concluded from the moment of order confirmation by the Merchant.
• “DILON” can refuse conclusion of contract with an abusive Consumer. “DILON” can treat a Consumer as abusive in case:
  – there is a non-compliance with the Terms of service
  – there was established an abusive, arrogant or rude attitude towards the representatives of the “DILON”;
  – there were established systematic Consumer abuses towards “DILON”

Prices

• The prices of the suggested goods are these, listed on the website of “DILON” at the moment of placement of an order, except from the cases of an obvious mistake.

• The prices include VAT in cases the charging is applicable.
• “DILON” has the right to alter at any moment and without notice the prices of the offered goods on the site, taking into account that such changes will not affect already placed orders.
• “DILON” can give discounts for the goods, provided by the site under the applicable legislation and the rules defined by “DILON”. The rules, applicable to such discounts, are available at the place, where the discount is showed. Discounts may be made in different variations (for example promotions, loyalty discounts, provided individually, randomly or as a result of participation in a competition or a client research). Different types of discounts can’t be combined in case of ordering and buying the same service.

Payment

• DILON administers payments on the Site. The Consumer can pay the price of the ordered goods by choosing one of the listed methods on the website. On the site payment can be made by PayPal. For orders with delivery to the territory of the Republic of Bulgaria an applicable option is cash on delivery.

• If the Consumer chooses the option of courier and cash on delivery, he / she has to pay the price of the ordered items together with the courier’s shipping price upon receiving of the goods.
• If the Consumer picks a method of payment, including a Third Party – provider of payment services, the Consumer may be obliged by the regulations and conditions and/or taxes of such a Third Party. “DILON” is not liable if a certain method of payment, including a Third Party – provider of payment services, is not available or in other aspect is not working due to reasons, for which “DILON” can’t be held accountable for.

Withdraw from the contract and replacement

• As far as the Merchant has not provided special rules for withdrawal from the contract, the rules of the current Terms of Service are applicable. “DILON” assists to the Consumers to exercise their rights under the current Terms of Service by administering the requests made to the DILON.

• The Consumer can withdraw from the contract without pointing out a reason, without being liable for any damages or penalty, in a 14-day period, as of the date of receipt of the goods by the Consumer or by a Third Party, and in the case of concluded service contract – by the date of conclusion of the service contract.
• In order to exercise his right under this clause, the Consumer must identify the goods or services he/she wishes to return.
• To exercise the right of withdrawal Consumer must send standard withdrawal form or other unambiguous application. In these cases, “DILON” immediately sends the Consumer a confirmation of receipt.
• The Consumer is obliged to return the goods at his own expense, together with the receipt and the invoice, if any, by handing them over to the “DILON” or to a person authorized by “DILON”, within 14 days of the date of which the Consumer has exercised his right of withdrawal.
• On return, the goods must be in their original packaging, with no traces of use or disturbance of the commercial appearance.
• “DILON” has the right to postpone the refund until the receipt of the goods or until proof is provided that the goods have been sent back, whichever is the earlier.
• In the event that the Consumer fails to fulfill his obligation under the previous paragraph without notifying “DILON” of the delay and without providing a valid reason for doing so, he is deemed to have withdrawn his statement of withdrawal from the contract.
• When the Consumer returns a good or service with the right to, the price subject to the refund shall be reduced by the value of the discount received applied to the good or service, and only the amount actually paid is refundable.
• Where, in connection with the performance of the contract, costs have been imposed on “DILON” and the Consumer withdraws from the contract, “DILON” has the right to withhold the appropriate amount of the costs or to claim their payment.
• The Consumer does not have the right to withdraw from the contract in cases when a subject matter of the contract are:
  – goods made to the Consumer’s specifications or clearly personalized;
  – or a service which is fully provided and its performance has begun with the explicit prior consent of the consumer and confirmation by him that he knows that he will lose his right of withdrawal after the contract is fully performed by the Merchant.

Complaints

• As far as the Merchant has not provided special rules for complaints, the rules of the current Terms of Service are applicable. “DILON” assists to the Consumers to exercise their rights under the current Terms of Service by administering the requests made to the DILON.

• The Consumer shall be entitled to complain in respect of any non-conformity of the goods with the negotiated/ordered in case after the delivery discrepancies with the sales contract were found.
• Any lack of conformity of the Consumer’s goods with the sales contract, which occurs within 6 months after the delivery of the goods, is deemed 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 to the nature of the lack of conformity
• The Consumer may not contest the conformity of the Consumer goods with the contract of sale where the Consumer was aware, or could not have been unaware, of the lack of conformity at the time the contract was concluded;
• The Consumer shall be entitled to address a complaint in respect of goods, regardless of whether the producer or Trader provided a commercial guarantee
• When the complaint is satisfied by replacement of the goods with other goods conforming to what has been agreed, “DILON” shall be obligated to honour the initial guarantee terms offered to the Consumer.
• Upon addressing a complaint in respect of goods, the Consumer may claim reimbursement of the sum paid, replacement of the goods by other goods conforming with what has been agreed or a reduction of the price.
• A complaint shall be addressed either by word of mouth on the phone pointed out by ”DILON”’ or in writing to the e-mail or to the entity’s address.“DILON” gives access to a form of complaint on its site.
• When a claim is made, the Consumer indicates the subject matter of the claim, the preferred way of satisfying the claim, or the amount of the sum claimed, and the address, telephone and email for contact.
• Upon submission of a complaint, the Consumer shall mandatorily attach the documents supporting the complaint, namely a receipt or an invoice, written statements, memoranda or other documents establishing the lack of conformity of the goods or services with what has been agreed, other documents establishing the grounds and amount of the claim.
• Complaints in respect of Consumer goods may be addressed within two years after the time of delivery of the goods but not later than two months after establishment of the lack of conformity with what has been agreed, or after the expiry date. Complaints in respect with services offered may be addresses within 14 days by the date of establishment of the lack of conformity.
• The period shall be interrupted during the time needed to reach a settlement of the dispute between the seller and the Consumer
• If “DILON” has provided a commercial guarantee for the good and the term of the guarantee is longer than the time limits for submitting the claim under paragraph 1, the claim may be lodged until the expiry of the commercial guarantee
• “DILON” keeps a register of the complaints submitted. The document consisting the submission number of the complaint from the register and the type of service is sent to the email, provided by the Consumer.
• When “DILON” satisfies the complaint, it issues a document in 2 copies and provides one of them to the Consumer. The document must be issued in electronic form.
• “DILON”, when the complaint is satisfied, shall bring the goods into compliance to what has been agreed in the sales contract within one month of the Consumer’s claim being made.
• If the goods have not been repaired after the expiration of the term under the preceding paragraph, the Consumer has the right to withdraw from the contract and to get a reimbursement of the sum paid or to demand reduction of the price of the Consumer goods according to Art. 114 of the CPA.
• Bringing Consumer goods in accordance with the sales contract is free of charge for the Consumer. He does not owe any costs for shipping of the Consumer goods or for materials and work, related to its reparation, and does not suffer any significant inconvenience.
• In the case of a lack of conformity of the Consumer goods with the sales contract and where the Consumer is not satisfied with the settlement of the complaint, the Consumer shall be entitled to choose between one of the following options:
  – rescission of the contract and reimbursement of the sum paid thereby;
  – reduction of the price.
• The Consumer shall not be entitled to claim reimbursement of the sum paid or reduction of the price of the goods where the Merchant agrees to a replacement of the Consumer goods with new ones or to repair the Consumer goods within one month after the complaint was addressed by the Consumer.
• The Trader is required to satisfy a claim for rescission of the contract and to reimburse the amount paid by the Consumer when, after having satisfied three complaints of the Consumer by repairing the same goods within the warranty period, there is a subsequent non-compliance of the goods with the sales contract.
• The Consumer shall not be entitled to claim to withdraw from the contract if the non-conformity of the Consumer goods with the contract is insignificant.

Intellectual property

• The rights of intellectual property over materials and resources, placed on the website of “DILON” (including the existing database), that are an object of protection under the Law on Copyright and Neighbouring Rights, are property of “DILON” or the indicated person, who transferred the right of use to “DILON” and can not be used in violation of the current legislation.

• When copying or reproducing information beyond the legal limits or by any other violation of intellectual property rights on the resources of “DILON”, “DILON” has the right to make claim for all damages including direct and indirect damages.
• Except as expressly agreed upon, the Consumer may not reproduce, modify, delete, publish, distribute or otherwise disclose the information resources posted on the “DILON” website.
• “DILON” is obliged to exercise due care to enable the Consumer to have normal access to the services provided.
• “DILON” reserves the right to stop access to the services provided. “DILON” has the right, but not an obligation, at its discretion to delete information resources and materials posted on their site.

Severability clause

The parties declare that if any of the provisions of these Terms of service prove to be invalid, this will not invalidate the entire contract or any of its parts. The invalid clause will be replaced by the mandatory rules of the law or established practice.

Amendment to terms and conditions

• “DILON” is obliged to notify Consumers for any amendment to these Terms of service within 7 days of the occurrence of this circumstance at the email address specified by the Consumer.
• When the Consumer disagrees with the Terms of service, the Consumer has the right to withdraw from the contract without giving any reason and without being liable for damages or penalty. In order to exercise this right, the Consumer must notify “DILON” within one month of receiving the notice under the preceding paragraph.
• In case the Consumer does not exercise his right to withdraw from the contract in accordance with these Terms Terms of service, the Consumer shall be considered to have accepted the Amendment without objection.

Applicable law

• The provisions of the law of Republic of Bulgaria shall apply to any cases unregulated under these Terms of service.