Terms and conditions for the usage of Performanceyarn.com
Terms and conditions for the distant-sale contracts, under the Consumer protection law between BULGARIA-YARNS Ltd., resident and controlled in Kazanlak, “Osvobojdenie” str. Nr 37, named “Provider”, and the person, who has agreed with the current terms and conditions, named the “Customer”. The terms and conditions are for the purchase of any goods from the online store www.performanceyarn.com.
1. The provider gives the customer the opportunity to purchase items from the online store by accepting the common terms and services of performanceyarn.com.
2. The provider publishes:
– Common description (including characteristics) for each item, price with VAT, and all other taxes under the law, including shipping taxes, payment information, delivery and execution of the contract
– Customer’s rights to cancel the order and return it, price and dealing validity, contract value, information about the purchase, which must be provided in accordance to the Bulgarian law.
3. In order to have the permission to purchase the items, provided on performanceyarn.com, the customer has to fill the registration form on www.performanceyarn.com. Actual information must be provided. The information can be updated 7 days after the registration. The customer guarantees that the given information is accurate and correct (or will be updated). In case that a customer provides invalid details, or ones, which are mentioned in the previous paragraph, the provider has the right to end the contract and to stop the access of the customer to his profile, without warning. Before this can be done, the customer has the right to correct the information in the registration form.
4. By registering, the customer makes an “online” agreement with the terms and conditions, which binds him to their causes. From the moment when the customer agrees with the clauses of the current terms and conditions, he has the opportunity to make valid purchases from www.performanceyarn.com
5. The customer receives the opportunity to request items by adding them to the shopping cart, by following the given steps, in order to finish the order and send it to us. Each item is available according to the stock quantity. Adding items to the shopping cart without finishing the purchase does not register or keep the product in stock.
6. All prices are in Euros which includes VAT. The separate prices of the items do not include shipping costs.
7. The following payment methods are accepted: Cash on Delivery, Credit Card and PayPal. The customer must pay the given price as well as the shipping price, if any.
8. The customer can cancel the contract, without giving any reason, four days after the receiving of the purchased items.
9. The customer pays the return costs, in case he cancels the order and requests a return in the term given in the contract. Return address is “Osvobojdenie” 37 – 6100 Kazanlak. You can inform the provider by calling 359 431 6 30 15 or by sending an e-mail at [email protected]
10. The provider must refund the price 14 days after the customer has informed the provider about the cancellation. Cash on Delivery money will be returned via bank account.
11. The provider has the right to hold the payment in case the contract has been canceled, until he receives the items back, or till the customer provides evidence that the items were successfully shipped back.
12. Cancellation of an order or return of a product is only possible under the Customer protection law.
13. The customer cannot cancel his order in the following cases:
– by providing complete services, for which a customer agrees in advance, and confirms, that he is aware he will lose the rights to cancel the order after the contract has been completed for the delivery of goods;
– by delivering goods, whose price depends on the fluctuations on the money market, which cannot be controlled by the provider. These changes can appear during the cancellation period;
– by delivering goods, specially produced for the customer or in accordance with his individual requirements;
– delivering goods, which can reduce their quality or have a shorter expiry date, because of a specific manufacturer type;
– by delivering sealed goods, which were unpacked after the delivery and cannot be returned, because of health and hygiene issues;
– by delivering goods, which were mixed with other goods after the delivery, and cannot be separated.
14. Delivery service and consistence packing are according to the kind of the requested goods.
15. Goods are delivered on the given address to the customer or to a third person, who represents the customer and accepts/confirms the receiving of the goods from the his name. By giving the goods to the customer or to a third person, the person who has received the package must sign the accompanying documents, which serve for confirmation. In case that the customer cannot be found during the day of delivery, or no access to the place can be provided, the provider is not obliged to deliver any goods. The customer can afford receiving the goods after the end of the contract because he was not found on the address, by paying all delivery taxes. This affords running a new delivery term.
16. The provider must:
– authorize the customer for owning the purchased goods. This can be done by the provider or by a partner, who represents the product with its purchasing price.;
– deliver the goods in the right period of time
– take care of his obligations
17. The provider has the right to:
– publish hyperlinks to other internet sites and resources for the sale of goods and provide service to third party persons, including hyperlinks to other sites in the user’s profile.
– to send newsletter if the user/customer has subscribed to them
– to collect and use information about the customers when they register, which includes: name, surname, father’s name, address, work occupation, sex, age, phone number and e-mail, and each information, which has been provided when registering, including information, which has been given by receiving, claiming or using any of the provider’s service, special offers, raffles, competitions, surveys, etc. This information is used under the law for customer rights.
18. The provider:
– takes care of the content of the information given in the store but does not guarantee its fullness and accuracy.
– does not take advantage of the access to the internet shop or if the orders were not processed in time or at all, when the circumstances are out of the provider’s control (accidents, loss of electricity or internet connection, etc.)
– does not guarantee that the store will always be accessible, secure and bug-free, when this is out of the provider’s possibilities.
– does not take advantage of software, hardware or telecommunication issues, as well as loss of data (resources, searches, etc) because of lack of control of internet issues.
– has no right to objectively control the user’s experience with the web page (shop)
– the current acknowledgment of lack of responsibility does not have the goal to reduce the responsibility of the provider under the Bulgarian Law.
19. The customer must:
– provide name and family name, accurate telephone number, delivery address and e-mail.
– pay the price of the goods he wants to purchase
– pay delivery taxes, if any
– receive the goods
– take any care and advantage of his password
– take any advantage of securing his password
– not provide password or answer for the secret question to any third-party person. If a password is stolen, the customer must inform the provider.
– end the session of the online shopping, in accordance with the specifics of internet security, by clicking on “Logout”.
– not enter any fictional or invalid information or orders. The customer has full responsibility for securing his account and password, as well as all the actions performed with his account and password.
20. The customer has the right to:
– access the online services by the provider, in accordance with the access requirements and policies, except when unexpected issues are present.
– access and edit his personal data
– cancel his order under the following laws: Law of obligations, Law for customer protection
– receive a full refund when the return is complete
21. The customer must:
– follow the returning policies and the policies for replacement of goods, the terms, and conditions, described on www.performanceyarn.com, and declare that he accepts the agreement.
– inform the provider for any misuse of the online store
– not mess with the right operation of the online shopping system, including stopping any other user from using the platform
– not using any kind of software or electronics to gather information from the site and/or rebuilding the database.
– not introduce himself as another person in any way or preventative of a group of people / legal entity without permission
– not do any actions which are not accurate with the common terms and services
If any of these points is violated, the provider has the right to cancel any order and/or block the access to the website without any warning, as well as asking for a compensation from the customer. In case of violation the customer can refer the appropriate law institutions for determination of violation.
22. By canceling the contract between customer and provider, the provider takes responsibility for deactivating the customer’s profile and limiting any kind of access to the user account.
23. The customer can afford account deletion at any time. The deletion will succeed if there are no active orders or pending payments.
24. The contract between customer and provider can be canceled and deleted in the following cases: cease of the provider’s activity, dysfunction of the online store. In case there are no changes in the contract, the customer will be informed for this action one week before it takes place.
25. The insignificance of specific parts does not lead to the insignificance of the terms and conditions. The specific insignificant clauses will be replaced by imperious rules under the Law.
26. All the conflicts on the both sides will be determined upon revision. In case no agreement is persistent, all unauthorized disputes, brought by the contract between the both sides (provider and customer), including disputes for the interpretation of the contract, invalidity, action or cancellation, as well as disputes for filling missing points from the contract or adjustment to new circumstances, will be decided judicially under the Law of Bulgaria.
27. This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice.
Any unsettled questions will be authorized with the provisions of the active Law of the Republic of Bulgaria.