TERMS OF USE
I. SUBJECT
Art. 1. (1) These Terms of Use are accepted by IMAGINE ART LTD. (hereinafter referred to as the Seller) on the basis of Article 16 of the Obligations and Contracts Act and Article 298 of the Trade Act and govern:• the terms of use of the www.withscentofbooks.com website (hereinafter referred to as the Site) by the Users of its services;
• the terms, conditions and methods for entering into sale and purchase contracts between the Seller and the Users of the Site;
• the rights and obligations of the Seller and of the respective Users under the sale and purchase contracts concluded between them, including the terms and methods of delivery of the ordered goods, their payment and receipt, the conditions and policies for making claims and the returning of purchased products.
(2) The acceptance of these Terms of Use by the Users of the Site is a prerequisite for the conclusion of a sale and purchase contract between the Seller and the respective User and for the delivery of the ordered goods.
(3) The acceptance of these Terms of Use by the Users is done by marking the "I have read and agree to the Terms of Use" during registering or placing an order on the Site by an User with a "guest" status and after the User has entered the personal data required by these procedures.
With Scent of Books is a registered trademark and everywhere in the Terms of Use under "With Scent of Books" the owner of the trademark Imagine Art Ltd. shall be considered.
II. COMPANY INFORMATION
Art. 2. Information in accordance with the Electronic Commerce Act and the Consumer Protection Act:1. Name of the Seller: IMAGINE ART LTD.;
2. Headquarters and office address: Bulgaria, Sofia 1734
3. Contact details:
e-mail: [email protected]
tel.: 00359 879 442 307
4. Entry in the Commercial Register: UIC 204868117
5. Supervisory authorities:
(1) Commission for Personal Data Protection
Address: Sofia, 15 Ivan Evstatiev Geshov,
tel.: (02) 940 20 46
fax: (02) 940 36 40
E-mail: [email protected], [email protected]
Website: www.cpdp.bg
(2) Commission for Consumer Protection
Address: 1000 Sofia, 4A Slaveykov Sq., fl. 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
Seller - With Scent of Books.
Site - a virtual platform for selling goods, located on the domain www.withscentofbooks.com.
User of www.withscentofbooks.com is any person, who has entered the electronic address or has reached www.withscentofbooks.com by being redirected from another website with the purpose of purchasing goods electronically.
Account - a section of the Site, formed by an email address and a password, which allows the User to send their order and contains information regarding the User.
Browser - a computer program, which provides the ability to transfer, process and visualize data through different types of data protocols.
Favourites - account section, which allows the User to create their own lists with favourite products.
Order - an electronic document, representing a communication form between the Seller and the Buyer, through which the Buyer declares to the Seller, through the Site, their intention to buy goods from the Site.
Promotions - any commercial communication, aimed at promoting certain Goods, which are available in limited stock, unless otherwise stated in the commercial communication, for a certain period of time, specified by the Seller.
Reimbursement - the action on the part of With Scent of Books to reimburse the Buyer as a result of the cancellation or non-execution of a sale and purchase contract from the Site, executed solely by bank transfer.
Malicious actions are actions or inactions violating Internet ethics or causing damages to persons connected to the Internet or associated networks, sending unsolicited email (JUNK MAIL, SPAM), gaining access to resources with other person's rights and passwords, using flaws in the systems for personal benefit or to obtain information (HACK), committing acts that can be qualified as industrial espionage or sabotage, damaging or destroying systems or information databases (CRACK), sending or causing "Trojan horses" or causing installation of viruses, or systems for unauthorized remote control, disturbing the normal operation of other users of the Internet and associated networks, carrying out any activities whatsoever that may qualify as a crime or administrative offense under Bulgarian legislation or other applicable law.
Distance Sales Contract - any contract, concluded on the basis of a proposal by With Scent of Books and a user as part of a system for the sale of goods or provision of services, where from the date of the offer until the conclusion of the contract the parties are not physically in contact. Each individual order is a separate contract. When making an electronic statement for the conclusion of a sales contract, the user agrees both with these Terms of Use and with the content of the distance sales contract, providing for the payment methods and available in a prominent place at www.withscentofbooks.com.
Rating - a method of expressing the level of satisfaction of a certain User/Client/Buyer in respect to a particular product. The Rating is expressed on a scale of 1 to 5 (The lowest is 1, the highest is 5). This level of satisfaction will always be accompanied by the review, written by the User/Client/Buyer of a certain product or service.
IV. FEATURES OF WITH SCENT OF BOOKS
Art. 3. With Scent of Books, property of Imagine Art Ltd., is an electronic store, accessible on the Internet at www.withscentofbooks.com, through which the Users have the opportunity to conclude sale and purchase contracts and contracts for the delivery of the goods offered on the Site, including the following:
1. To register and create an account to review the Site and use the additional information services;
2. To make electronic statements in regard to the conclusion or execution of contracts with With Scent of Books via the interface of the Site page, accessible on the Internet;
3. To conclude sale and purchase contracts and contracts for the delivery of the goods, offered by With Scent of Books;
4. To browse through the products, their features, prices and terms of delivery;
5. To make any payments regarding the contracts concluded between them and With Scent of Books, in accordance with the means of payment supported by the Site;
6. To receive information about new products, offered by With Scent of Books.
7. To be informed of the rights, as provided by the law, mainly through the interface of the page of With Scent of Books.
Art. 4. The Seller shall deliver the goods and guarantees the rights of the Users, provided by law, within the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) The Users make an offer to enter into a contract for the purchase and sale of the goods, offered by the Site through the Seller's interface, accessible on its website at www.withscentofbooks.com. After the acceptance of the offer by the Seller, pursuant to art. 10 and art. 11 of these Terms of Use, the Contract is deemed concluded and is stored in the database of the Seller.
(2) Under the contract concluded with the Users for the purchase and sale of goods, the Seller must deliver and transfer ownership of the goods chosen by the User through the interface, except in cases where they exercise their right of cancellation, referred to in art. 9, par. 9.
(3) The Users are entitled to correct mistakes when entering information no later than submitting their offer for conclusion of the contract with the Seller (Sending of the order according to art. 10 of these Terms of Use). The Seller shall provide appropriate, effective and simple means of identifying and correcting errors when entering information, prior to the conclusion of the contract, as follows: It is possible to: remove an item in the shopping cart; add items to the shopping cart; increase or decrease the ordered quantity of a particular item; change the delivery address or the selected way of payment.
(4) The Users shall pay the Seller a fee for the delivered goods in accordance with the conditions, specified on the Site and in these Terms of Use. The fee is the amount of the price, announced by the Seller on the address of the Site on the Internet, provided that the Seller has confirmed the User’s order under the terms of art. 10 in relation to art. 11 of these Terms of Use.
(5) The delivery cost shall be determined separately from the price of the goods.
(6) The Seller shall deliver the goods ordered by the User within the time limits and under the conditions, set by the Seller on the page of the Site and in accordance with these Terms of Use, except in cases of force majeure or for reasons beyond the Seller’s control.
(7) The Seller is entitled to unilaterally modify the prices indicated on the Site, and the price change only applies to contracts, concluded after their announcement on the Site.
Art. 6. (1) The User and the Seller shall agree that all statements between them in relation to the conclusion and execution of the sale and purchase contract may be carried out electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the User of the site, are made by the person, specified in the information, provided by the User at the time of creation of the account, if the User has entered the respective name and password.
V. USE OF THE ELECTRONIC STORE
Art. 7. (1) In order to use the Site to conclude sale and purchase contracts of goods, the User shall enter a name and password for remote access chosen by them.
(2) The name and password for remote access are determined by the User by registering electronically on the website of the Seller.
(3) By filling in the data and pressing the “Yes, I accept” and “Register” buttons, the User declares that they are familiar with these Terms of Use, agrees with their content and undertakes to abide by them unconditionally, as well as to voluntarily provide their data with the understanding that they shall be used by the Seller solely for the purpose of fulfilling their obligations under the concluded sale and purchase contracts and direct marketing.
(4) The Seller confirms the registration completed by the User by sending an e-mail to an electronic address, given by the User.
(5) When completing the registration, the User is obligated to provide accurate and up-to-date data. The User shall in due course update the data given in the registration, in case of change.
(6) In the event that the User uses an account in a social network or other networks as a registration, the party to the contract is the person, who is the owner of the account used for the registration in the respective social or other network. In this case, the Seller is entitled to access the data necessary to identify the User in the respective social or other network.
(2) The contract between the Seller and the User constitutes these Terms of Use, available at www.withscentofbooks.com.
(3) Party to the contract with the Seller is the User, according to the data provided upon registration and contained in the personal profile of the User. For the avoidance of doubt, this is the data, which was used to create an account with the Seller.
(4) This contract is deemed concluded at the moment when the User creates a registration with the Seller. The sale and purchase contract for goods is deemed concluded from the time of their claiming by the User via the Seller’s interface.
(5) For the conclusion of this contract and for the conclusion of the sale and purchase contract for goods, the Seller shall explicitly inform the User in an appropriate manner by electronic means.
(6) The statement of conclusion of the contract and the acknowledgment of its receipt shall be deemed received when their addressees have access to them.
(7) The Seller shall deliver the goods to the address indicated by the Users and is not liable in the event that the data specified by the Users is false or misleading.
Art. 9. The Users shall conclude the sale and purchase contract with the Seller using the following procedure:
(1) Creating a registration on the Site and providing the necessary data, in the case the User has not been registered on the Site prior to this moment (orders by Users with a registered consumer account).
(2) Logging in the system to make orders on the Site by identifying with a name and password;
(3) Par. (1) and (2) do not apply when making a purchase through the Site with a "Guest" status. In this case, proceed to par. (4).
(4) Selecting one or more of the goods offered by With Scent of Books and adding them to the shopping list (the shopping cart).
(5) Providing data for delivery.
(6) Choosing a carrier and method of payment of the price/amount.
(7) Accepting and confirming the order, which has the legal meaning of an offer from the User to the Seller.
(8) Accepting the offer of the User via an explicit electronic statement by the Seller, containing the number of the order submitted by the User. For the avoidance of doubt, by accepting these Terms of Use, the User agrees that the Seller has the right to refuse the acceptance of the order and the delivery of the relevant goods in the following cases:
1. The materials used for producing the goods ordered by the User are not available with the Seller at the time of the processing of the relevant order by the Seller or were intended for delivery of previously processed orders;
2. As a result of an error when entering information on the Site, a technical issue or unauthorized interference with the information system of the Seller, the price at which the relevant order was made is in a substantial discrepancy with the selling prices, announced on the Site.
(9) The Seller shall reserve their right to refuse delivery of the ordered goods at their discretion without giving a specific reason for doing so. The User is considered to have received a refusal from the Seller under the following conditions:
1. The Seller has notified the User electronically that they shall not deliver the ordered goods;
2. The User does not receive confirmation from the Seller of their order electronically and/or by phone within 7 working days.
(2) The concluded sale and purchase contracts are stored in the database of the Seller. Upon request by the User, the Seller shall provide the concluded sale and purchase contract to the specified upon registering of the User electronic address. The specific parameters of each purchase order submitted to the Seller are accessible from the customer account of the User.
(3) The Seller and the Users shall conclude separate sale and purchase contracts for the goods, claimed by the Users, despite that they were chosen with one electronic statement and from one list of goods to purchase.
(4) The Seller may deliver together and simultaneously the goods ordered with the separate sale and purchase contracts.
(5) The rights of the Users in relation to the delivered goods shall be exercised separately for every sale and purchase contract. The exercising of rights in relation to delivered goods does not affect and has no effect on the sale and purchase contracts of the other goods. In the event that the User qualifies as a consumer within the meaning of the Consumer Protection Act, exercising the right of withdrawal from the sale and purchase contract of particular goods does not affect the sale and purchase contracts of the other goods, delivered to the user.
Art. 11. Upon exercising the rights of the sale and purchase contract, the User is obligated to indicate precisely and unambiguously the contract and the goods in respect to which the rights are exercised.
Art. 12. (1) The User may pay the price for the separate sale and purchase contracts at once when placing the order of the goods (in advance) or upon their delivery.
(2) An advance payment may be made in one of the following ways:
• Via debit/credit card.
(3) In the event that the User has selected to pay for the goods upon their receipt (available only in Bulgaria), the payment shall be made at the time of the delivery by means of cash on delivery and includes the price of the goods and the transport costs under art. 5, par. 7 of these Terms of Use.
(4) The ordered goods may only be received by:
• the buyer - respectively individualized according to the data from the client account or the respective purchase order;
• a person, authorized by the buyer to receive the goods with the order itself;
• a person, who is explicitly authorized by the buyer to receive the goods with a duly written letter of attorney;
• a person, who explicitly confirms the authenticity and identity of the ordered goods and agrees to pay them in cash on behalf of the buyer.
(5) In the event that the person cannot be found on the specified address within the delivery period under par. 4 or there are no access and conditions ensured for the delivery of the goods within this period, the Seller shall be relieved from their obligation to deliver the goods, subject of the purchase order.
(6) In the event that the User confirms their wish to receive the ordered goods after the expiration of the delivery period, within which they have not been found at the address, they shall bear the cost of the additional delivery at their own expense. The expenses for the second delivery are paid upon receiving the goods, together with the total amount of the order and the first delivery.
(7) Upon the acceptance of the goods, the person shall sign a document under par. 4, certifying the receiving of the delivery.
Art. 14. (1) The main characteristics of the goods, offered by the Seller, are defined in the profile of each of the products on the site of With Scent of Books.
(2) The price of the goods with all taxes included, shall be determined by the Seller in the profile of each of the products on the site of With Scent of Books.
(3) The shipping costs are not included in the price of the goods and is provided as information upon selecting the goods for the conclusion of the sale and purchase contract.
(4) The payment methods, delivery and fulfilment of the contract shall be set out in these Terms of Use, as well as the information, provided to the User-consumer on the site of the Seller.
(5) The information, provided to the Users-consumers under this Article, shall be up-to-date at the time of its publication on the site of With Scent of Books, prior to the conclusion of the sale and purchase contract.
(6) The Seller must indicate the terms and conditions for the delivery of the individual goods on the site of With Scent of Books.
(7) The Seller shall indicate, prior to the conclusion of the contract, the total amount of the order for all the goods contained therein.
Art. 15. The User-consumer shall agree that the Seller is entitled to accept payment in advance for the concluded with the user sale and purchase contracts of goods and their delivery.
Art. 16. (1) The User-consumer is entitled to, without giving any reason and without due compensation or penalty, to withdraw from the concluded contract within 14 days, counting from the date of the receipt of the goods.
(2) The right of withdrawal under par. 1 shall not apply in the following cases:
• for the delivery of goods and provision of services, the price of which depends on the fluctuations of the financial markets, which the Seller is incapable of controlling;
• for the delivery of goods, produced according to the requirements of the User-consumer or on their individual order;
• for the delivery of goods, which due to their nature, are consumable or cannot be returned or are perishable, or there is a risk of deterioration of their quality characteristics, including perfumery and cosmetic products.
(3) When the user wishes to withdraw from the contract from a distance, they shall inform the Seller of their decision prior to the expiration of the term under par. 1 of this Article. In order to exercise their right of withdrawal, the User-consumer may use the Return Form, available in the section "Order history" - "Product Returns" in the account of the Buyer.
(4) In the event that the User-consumer exercises their right of withdrawal under par. 1, the Seller is obligated to reimburse them the full amounts, paid for the purchased goods, no later than 30 calendar days, counting from the date, on which the User-consumer has exercised their right of withdrawal from the concluded contract. The transport costs shall be deducted from the amount, which the User-consumer has paid under the contract, unless the user has returned the goods at their own expense and has informed the Seller of that. Upon exercised right of withdrawal from the contract on the part of the User-consumer, the following rules will apply:
1. The Seller is entitled to withhold the payment of the amounts to the User-consumer under this par. 4, until they receive the goods or until the User-consumer presents proof that they have sent the goods back, depending on which has happened earlier.
2. The User-consumer shall send or return the goods back to the Seller or to a person, authorized by them, without undue delay and no later than 14 days, counting from the date, on which the User-consumer has informed the Seller of their decision to withdraw from the contract. The deadline is deemed to be complied with, if the User-consumer sends or returns the goods back to the Seller prior to the expiration of the 14-day period. Otherwise, the right of withdrawal shall be deemed terminated.
(5) The User-consumer is obligated to store the goods received from the Seller along with the original cash receipt issued for them, their quality and safety during the term of their return. The right of withdrawal may be exercised only in cases, where the following conditions have been met: the purchased goods must be in their original packaging, without traces of use or damaged commercial appearance and accompanied by a cash receipt. The transport costs upon returning the goods from the user to With Scent of Books shall be at the expense of the user.
(6) In case of a considerable non-conformity between the goods and the sales contract, the User-consumer is entitled to make a claim by requiring the Seller to bring the goods into conformity with the sales contract.
(7) Claims shall be made by filling out the claim form, available in the section "Order history" - "Product Returns" in the account of the Buyer.
(8) When the consumer goods do not comply with the sales contract, the seller is obligated to bring it into conformity with the sales contract. Bringing the goods into conformity with the sales contract is free of charge for the User-consumer. They shall not owe any costs for the shipping of the goods or for materials and labour, related to the producing and replacement of the goods, and should not suffer any significant inconvenience.
(9) In the event that the claim is justified, the User-consumer may choose between a replacement with a new product or reimbursement of the amount paid, unless this is impossible or their chosen way of compensation is disproportional in comparison to the other.
(10) Bringing the goods into conformity with the sales contract must take place within one month, counting from the filing of the claim.
(11) The User-consumer may not claim termination of the contract, if the discrepancy between the goods and the contract is insignificant or they do not keep the issued cash receipt for the purchased goods!
(12) Reimbursement of the paid amounts and the return of the purchased goods may occur only if the original cash receipt, issued to the same goods, is returned along with the goods! Otherwise, there shall be a refusal of return of goods since the amount cannot be reversed.
(13) The amount will be refunded as follows:
• Payments made with a debit or credit card - through a refund to the account, from which the payment has been made.
• Payments made by means of cash on delivery - to a bank account, additionally provided by the Client.
(14) If, for any reason, the client wishes to replace the product, purchased by them, they are entitled to do so within 14 days, counting from the date of the receipt of the goods. The costs for returning the product and sending the newly claimed one are at the expense of the client. If there is a difference in the price of the new and the old order, it shall be compensated for.
(15) The client is entitled to refuse the acceptance of the shipment, if the amount, which they have to pay the courier, does not correspond to the amount due. In this case, we ask the client to contact us immediately for the removal of the discrepancy.
(2) In the event that the User-consumer and the Seller have not determined a delivery time, the delivery time of the goods shall be 30 business days, counting from the date following the sending of the order through the site of With Scent of Books.
(3) If the Seller cannot fulfil the contract on account of the fact that they do not have the materials necessary to produce the ordered goods, they are obligated to notify the User-consumer of that and to reimburse the amounts paid by them within 30 business days, counting from the date, on which the Seller was supposed to fulfil their obligation under the contract.
Art. 18. The User must inspect the goods at the time of delivery and their handing over by the Seller and if they do not meet the requirements, the User must notify the Seller immediately.
Art. 19. In case of situations related to unsettled issues, the client is entitled to refer the controversial issues to our associate at the address specified for correspondence or via the contact form.
Art. 20. For the unsettled in this section cases, the rules for the commercial sale, defined in the Trade Act, shall apply. Any disputes, which may occur between With Scent of Books and a User, will be resolved in a spirit of understanding and goodwill. In the event that this is not possible, the User may use the Online Dispute Resolution (ODR) Platform within the European Union: https://ec.europa.eu/ оr contact the Commission for Consumer Protection.
X. PRIVACY POLICY
Art. 21. (1) The Seller shall protect the personal data of the Users, which have become known upon completing the electronic form for submitting a purchase order. Upon abiding to the acting legislation and the clauses in these Terms of Use, the Seller may use the personal data of the Users solely for the purposes, laid out in the contract - accepting and fulfilling orders and contacting the Users in case problems, related to the order, occur. The Seller shall guarantee that the data in question will not be provided in any form to third parties or used for purposes, different from the aforementioned, except upon the explicit written consent of the User or if the information is required by a competent state authority within their powers by law. The Seller shall be responsible for the protection of the personal data of the Users, except in cases of force majeure, incidental event or malicious acts of third parties.
(2) The user account of a specific User may be deleted from the database along with the related information at any time if desired by the User.
(3) The Seller shall take measures for protecting the personal data of the User in accordance with the Data Protection Act and the DIRECTIVE (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. For this purpose, the site of With Scent of Books uses an encryption protocol (Hypertext Transfer Protocol Secure).
(4) For reasons of security of the personal data of the Users, the Seller will only send the data to an e-mail address, indicated by the Users at the time of the registration.
(5) The Seller is entitled to store data in the end communication device of the User (cookies), unless the latter explicitly disagrees with that. The disagreement of the User may be expressed at any time using the "Cookie Bar" at the bottom of the page.
(6) The User or the Consumer agrees that the Seller has the right to send electronic messages to the User at any time, including newsletters or suggestions for the purchase of goods, while the User has a registration in the electronic store of the Seller and is subscribed to the newslatter.
(7) The User agrees that the Seller is entitled to collect, store and process data on the behaviour of the User when using the electronic store of the Seller.
Art. 22. (1) At any time, the Seller is entitled to require the User to identify themselves and to verify the authenticity of each of the circumstances and personal data stated during the registration.
(2) In the event that for some reason the User has forgotten or lost their password for access, they should contact the administrators of the online store www.withscentofbooks.com or use the "Forgotten password" option, available on the site of the Seller.
(3) The clients shall be responsible for the protection of the privacy of their password and account and are fully responsible for all actions, done through their account or password.
Art. 23. In relation with the GDPR, which came into force on 25.05.2018, With Scent of Books informs you of the personal data, which it collects, the purposes and terms, for which they are stored, as well as of your rights regarding the use of these data. Please, note our Privacy Policy, available HERE.
4. Entry in the Commercial Register: UIC 204868117
5. Supervisory authorities:
(1) Commission for Personal Data Protection
Address: Sofia, 15 Ivan Evstatiev Geshov,
tel.: (02) 940 20 46
fax: (02) 940 36 40
E-mail: [email protected], [email protected]
Website: www.cpdp.bg
(2) Commission for Consumer Protection
Address: 1000 Sofia, 4A Slaveykov Sq., fl. 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
III. TERMS
The terms used in these Terms of Use shall have the following meaning:Seller - With Scent of Books.
Site - a virtual platform for selling goods, located on the domain www.withscentofbooks.com.
User of www.withscentofbooks.com is any person, who has entered the electronic address or has reached www.withscentofbooks.com by being redirected from another website with the purpose of purchasing goods electronically.
Account - a section of the Site, formed by an email address and a password, which allows the User to send their order and contains information regarding the User.
Browser - a computer program, which provides the ability to transfer, process and visualize data through different types of data protocols.
Favourites - account section, which allows the User to create their own lists with favourite products.
Order - an electronic document, representing a communication form between the Seller and the Buyer, through which the Buyer declares to the Seller, through the Site, their intention to buy goods from the Site.
Promotions - any commercial communication, aimed at promoting certain Goods, which are available in limited stock, unless otherwise stated in the commercial communication, for a certain period of time, specified by the Seller.
Reimbursement - the action on the part of With Scent of Books to reimburse the Buyer as a result of the cancellation or non-execution of a sale and purchase contract from the Site, executed solely by bank transfer.
Malicious actions are actions or inactions violating Internet ethics or causing damages to persons connected to the Internet or associated networks, sending unsolicited email (JUNK MAIL, SPAM), gaining access to resources with other person's rights and passwords, using flaws in the systems for personal benefit or to obtain information (HACK), committing acts that can be qualified as industrial espionage or sabotage, damaging or destroying systems or information databases (CRACK), sending or causing "Trojan horses" or causing installation of viruses, or systems for unauthorized remote control, disturbing the normal operation of other users of the Internet and associated networks, carrying out any activities whatsoever that may qualify as a crime or administrative offense under Bulgarian legislation or other applicable law.
Distance Sales Contract - any contract, concluded on the basis of a proposal by With Scent of Books and a user as part of a system for the sale of goods or provision of services, where from the date of the offer until the conclusion of the contract the parties are not physically in contact. Each individual order is a separate contract. When making an electronic statement for the conclusion of a sales contract, the user agrees both with these Terms of Use and with the content of the distance sales contract, providing for the payment methods and available in a prominent place at www.withscentofbooks.com.
Rating - a method of expressing the level of satisfaction of a certain User/Client/Buyer in respect to a particular product. The Rating is expressed on a scale of 1 to 5 (The lowest is 1, the highest is 5). This level of satisfaction will always be accompanied by the review, written by the User/Client/Buyer of a certain product or service.
IV. FEATURES OF WITH SCENT OF BOOKS
Art. 3. With Scent of Books, property of Imagine Art Ltd., is an electronic store, accessible on the Internet at www.withscentofbooks.com, through which the Users have the opportunity to conclude sale and purchase contracts and contracts for the delivery of the goods offered on the Site, including the following:1. To register and create an account to review the Site and use the additional information services;
2. To make electronic statements in regard to the conclusion or execution of contracts with With Scent of Books via the interface of the Site page, accessible on the Internet;
3. To conclude sale and purchase contracts and contracts for the delivery of the goods, offered by With Scent of Books;
4. To browse through the products, their features, prices and terms of delivery;
5. To make any payments regarding the contracts concluded between them and With Scent of Books, in accordance with the means of payment supported by the Site;
6. To receive information about new products, offered by With Scent of Books.
7. To be informed of the rights, as provided by the law, mainly through the interface of the page of With Scent of Books.
Art. 4. The Seller shall deliver the goods and guarantees the rights of the Users, provided by law, within the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) The Users make an offer to enter into a contract for the purchase and sale of the goods, offered by the Site through the Seller's interface, accessible on its website at www.withscentofbooks.com. After the acceptance of the offer by the Seller, pursuant to art. 10 and art. 11 of these Terms of Use, the Contract is deemed concluded and is stored in the database of the Seller.
(2) Under the contract concluded with the Users for the purchase and sale of goods, the Seller must deliver and transfer ownership of the goods chosen by the User through the interface, except in cases where they exercise their right of cancellation, referred to in art. 9, par. 9.
(3) The Users are entitled to correct mistakes when entering information no later than submitting their offer for conclusion of the contract with the Seller (Sending of the order according to art. 10 of these Terms of Use). The Seller shall provide appropriate, effective and simple means of identifying and correcting errors when entering information, prior to the conclusion of the contract, as follows: It is possible to: remove an item in the shopping cart; add items to the shopping cart; increase or decrease the ordered quantity of a particular item; change the delivery address or the selected way of payment.
(4) The Users shall pay the Seller a fee for the delivered goods in accordance with the conditions, specified on the Site and in these Terms of Use. The fee is the amount of the price, announced by the Seller on the address of the Site on the Internet, provided that the Seller has confirmed the User’s order under the terms of art. 10 in relation to art. 11 of these Terms of Use.
(5) The delivery cost shall be determined separately from the price of the goods.
(6) The Seller shall deliver the goods ordered by the User within the time limits and under the conditions, set by the Seller on the page of the Site and in accordance with these Terms of Use, except in cases of force majeure or for reasons beyond the Seller’s control.
(7) The Seller is entitled to unilaterally modify the prices indicated on the Site, and the price change only applies to contracts, concluded after their announcement on the Site.
Art. 6. (1) The User and the Seller shall agree that all statements between them in relation to the conclusion and execution of the sale and purchase contract may be carried out electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the User of the site, are made by the person, specified in the information, provided by the User at the time of creation of the account, if the User has entered the respective name and password.
V. USE OF THE ELECTRONIC STORE
Art. 7. (1) In order to use the Site to conclude sale and purchase contracts of goods, the User shall enter a name and password for remote access chosen by them.(2) The name and password for remote access are determined by the User by registering electronically on the website of the Seller.
(3) By filling in the data and pressing the “Yes, I accept” and “Register” buttons, the User declares that they are familiar with these Terms of Use, agrees with their content and undertakes to abide by them unconditionally, as well as to voluntarily provide their data with the understanding that they shall be used by the Seller solely for the purpose of fulfilling their obligations under the concluded sale and purchase contracts and direct marketing.
(4) The Seller confirms the registration completed by the User by sending an e-mail to an electronic address, given by the User.
(5) When completing the registration, the User is obligated to provide accurate and up-to-date data. The User shall in due course update the data given in the registration, in case of change.
(6) In the event that the User uses an account in a social network or other networks as a registration, the party to the contract is the person, who is the owner of the account used for the registration in the respective social or other network. In this case, the Seller is entitled to access the data necessary to identify the User in the respective social or other network.
VI. TECHNICAL STEPS FOR CONCLUDING A SALE AND PURCHASE CONTRACT
Art. 8. (1) The Users shall use mainly the interface on the page of the Seller to conclude sale and purchase contracts for the goods offered by the Seller on the Site.(2) The contract between the Seller and the User constitutes these Terms of Use, available at www.withscentofbooks.com.
(3) Party to the contract with the Seller is the User, according to the data provided upon registration and contained in the personal profile of the User. For the avoidance of doubt, this is the data, which was used to create an account with the Seller.
(4) This contract is deemed concluded at the moment when the User creates a registration with the Seller. The sale and purchase contract for goods is deemed concluded from the time of their claiming by the User via the Seller’s interface.
(5) For the conclusion of this contract and for the conclusion of the sale and purchase contract for goods, the Seller shall explicitly inform the User in an appropriate manner by electronic means.
(6) The statement of conclusion of the contract and the acknowledgment of its receipt shall be deemed received when their addressees have access to them.
(7) The Seller shall deliver the goods to the address indicated by the Users and is not liable in the event that the data specified by the Users is false or misleading.
Art. 9. The Users shall conclude the sale and purchase contract with the Seller using the following procedure:
(1) Creating a registration on the Site and providing the necessary data, in the case the User has not been registered on the Site prior to this moment (orders by Users with a registered consumer account).
(2) Logging in the system to make orders on the Site by identifying with a name and password;
(3) Par. (1) and (2) do not apply when making a purchase through the Site with a "Guest" status. In this case, proceed to par. (4).
(4) Selecting one or more of the goods offered by With Scent of Books and adding them to the shopping list (the shopping cart).
(5) Providing data for delivery.
(6) Choosing a carrier and method of payment of the price/amount.
(7) Accepting and confirming the order, which has the legal meaning of an offer from the User to the Seller.
(8) Accepting the offer of the User via an explicit electronic statement by the Seller, containing the number of the order submitted by the User. For the avoidance of doubt, by accepting these Terms of Use, the User agrees that the Seller has the right to refuse the acceptance of the order and the delivery of the relevant goods in the following cases:
1. The materials used for producing the goods ordered by the User are not available with the Seller at the time of the processing of the relevant order by the Seller or were intended for delivery of previously processed orders;
2. As a result of an error when entering information on the Site, a technical issue or unauthorized interference with the information system of the Seller, the price at which the relevant order was made is in a substantial discrepancy with the selling prices, announced on the Site.
(9) The Seller shall reserve their right to refuse delivery of the ordered goods at their discretion without giving a specific reason for doing so. The User is considered to have received a refusal from the Seller under the following conditions:
1. The Seller has notified the User electronically that they shall not deliver the ordered goods;
2. The User does not receive confirmation from the Seller of their order electronically and/or by phone within 7 working days.
VII. CONCLUSION, CONTENT AND STORING OF THE CONTRACT
Art. 10. (1) The sale and purchase contract between the Seller and the User shall be deemed concluded the moment the Seller confirms through an electronic message to the User the order of the User by indicating the order number in the confirmation. The confirmation of the order shall be sent to the electronic address, specified by the User upon their registration as a customer or upon entering the data, requested when making an order by a User with a "Guest" status.(2) The concluded sale and purchase contracts are stored in the database of the Seller. Upon request by the User, the Seller shall provide the concluded sale and purchase contract to the specified upon registering of the User electronic address. The specific parameters of each purchase order submitted to the Seller are accessible from the customer account of the User.
(3) The Seller and the Users shall conclude separate sale and purchase contracts for the goods, claimed by the Users, despite that they were chosen with one electronic statement and from one list of goods to purchase.
(4) The Seller may deliver together and simultaneously the goods ordered with the separate sale and purchase contracts.
(5) The rights of the Users in relation to the delivered goods shall be exercised separately for every sale and purchase contract. The exercising of rights in relation to delivered goods does not affect and has no effect on the sale and purchase contracts of the other goods. In the event that the User qualifies as a consumer within the meaning of the Consumer Protection Act, exercising the right of withdrawal from the sale and purchase contract of particular goods does not affect the sale and purchase contracts of the other goods, delivered to the user.
Art. 11. Upon exercising the rights of the sale and purchase contract, the User is obligated to indicate precisely and unambiguously the contract and the goods in respect to which the rights are exercised.
Art. 12. (1) The User may pay the price for the separate sale and purchase contracts at once when placing the order of the goods (in advance) or upon their delivery.
(2) An advance payment may be made in one of the following ways:
• Via debit/credit card.
(3) In the event that the User has selected to pay for the goods upon their receipt (available only in Bulgaria), the payment shall be made at the time of the delivery by means of cash on delivery and includes the price of the goods and the transport costs under art. 5, par. 7 of these Terms of Use.
(4) The ordered goods may only be received by:
• the buyer - respectively individualized according to the data from the client account or the respective purchase order;
• a person, authorized by the buyer to receive the goods with the order itself;
• a person, who is explicitly authorized by the buyer to receive the goods with a duly written letter of attorney;
• a person, who explicitly confirms the authenticity and identity of the ordered goods and agrees to pay them in cash on behalf of the buyer.
(5) In the event that the person cannot be found on the specified address within the delivery period under par. 4 or there are no access and conditions ensured for the delivery of the goods within this period, the Seller shall be relieved from their obligation to deliver the goods, subject of the purchase order.
(6) In the event that the User confirms their wish to receive the ordered goods after the expiration of the delivery period, within which they have not been found at the address, they shall bear the cost of the additional delivery at their own expense. The expenses for the second delivery are paid upon receiving the goods, together with the total amount of the order and the first delivery.
(7) Upon the acceptance of the goods, the person shall sign a document under par. 4, certifying the receiving of the delivery.
VIII. SPECIAL OBLIGATIONS OF THE SELLER. CONSUMER PROTECTION
Art. 13. The rules of this section VIII of these Terms of Use shall apply only to Users, for whom, according to the data provided for concluding the sale and purchase contract or upon registering on the Site, may be concluded that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or the Directive 97/7/ЕC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts. (Hereinafter referred to as "Users-consumers")Art. 14. (1) The main characteristics of the goods, offered by the Seller, are defined in the profile of each of the products on the site of With Scent of Books.
(2) The price of the goods with all taxes included, shall be determined by the Seller in the profile of each of the products on the site of With Scent of Books.
(3) The shipping costs are not included in the price of the goods and is provided as information upon selecting the goods for the conclusion of the sale and purchase contract.
(4) The payment methods, delivery and fulfilment of the contract shall be set out in these Terms of Use, as well as the information, provided to the User-consumer on the site of the Seller.
(5) The information, provided to the Users-consumers under this Article, shall be up-to-date at the time of its publication on the site of With Scent of Books, prior to the conclusion of the sale and purchase contract.
(6) The Seller must indicate the terms and conditions for the delivery of the individual goods on the site of With Scent of Books.
(7) The Seller shall indicate, prior to the conclusion of the contract, the total amount of the order for all the goods contained therein.
Art. 15. The User-consumer shall agree that the Seller is entitled to accept payment in advance for the concluded with the user sale and purchase contracts of goods and their delivery.
Art. 16. (1) The User-consumer is entitled to, without giving any reason and without due compensation or penalty, to withdraw from the concluded contract within 14 days, counting from the date of the receipt of the goods.
(2) The right of withdrawal under par. 1 shall not apply in the following cases:
• for the delivery of goods and provision of services, the price of which depends on the fluctuations of the financial markets, which the Seller is incapable of controlling;
• for the delivery of goods, produced according to the requirements of the User-consumer or on their individual order;
• for the delivery of goods, which due to their nature, are consumable or cannot be returned or are perishable, or there is a risk of deterioration of their quality characteristics, including perfumery and cosmetic products.
(3) When the user wishes to withdraw from the contract from a distance, they shall inform the Seller of their decision prior to the expiration of the term under par. 1 of this Article. In order to exercise their right of withdrawal, the User-consumer may use the Return Form, available in the section "Order history" - "Product Returns" in the account of the Buyer.
(4) In the event that the User-consumer exercises their right of withdrawal under par. 1, the Seller is obligated to reimburse them the full amounts, paid for the purchased goods, no later than 30 calendar days, counting from the date, on which the User-consumer has exercised their right of withdrawal from the concluded contract. The transport costs shall be deducted from the amount, which the User-consumer has paid under the contract, unless the user has returned the goods at their own expense and has informed the Seller of that. Upon exercised right of withdrawal from the contract on the part of the User-consumer, the following rules will apply:
1. The Seller is entitled to withhold the payment of the amounts to the User-consumer under this par. 4, until they receive the goods or until the User-consumer presents proof that they have sent the goods back, depending on which has happened earlier.
2. The User-consumer shall send or return the goods back to the Seller or to a person, authorized by them, without undue delay and no later than 14 days, counting from the date, on which the User-consumer has informed the Seller of their decision to withdraw from the contract. The deadline is deemed to be complied with, if the User-consumer sends or returns the goods back to the Seller prior to the expiration of the 14-day period. Otherwise, the right of withdrawal shall be deemed terminated.
(5) The User-consumer is obligated to store the goods received from the Seller along with the original cash receipt issued for them, their quality and safety during the term of their return. The right of withdrawal may be exercised only in cases, where the following conditions have been met: the purchased goods must be in their original packaging, without traces of use or damaged commercial appearance and accompanied by a cash receipt. The transport costs upon returning the goods from the user to With Scent of Books shall be at the expense of the user.
(6) In case of a considerable non-conformity between the goods and the sales contract, the User-consumer is entitled to make a claim by requiring the Seller to bring the goods into conformity with the sales contract.
(7) Claims shall be made by filling out the claim form, available in the section "Order history" - "Product Returns" in the account of the Buyer.
(8) When the consumer goods do not comply with the sales contract, the seller is obligated to bring it into conformity with the sales contract. Bringing the goods into conformity with the sales contract is free of charge for the User-consumer. They shall not owe any costs for the shipping of the goods or for materials and labour, related to the producing and replacement of the goods, and should not suffer any significant inconvenience.
(9) In the event that the claim is justified, the User-consumer may choose between a replacement with a new product or reimbursement of the amount paid, unless this is impossible or their chosen way of compensation is disproportional in comparison to the other.
(10) Bringing the goods into conformity with the sales contract must take place within one month, counting from the filing of the claim.
(11) The User-consumer may not claim termination of the contract, if the discrepancy between the goods and the contract is insignificant or they do not keep the issued cash receipt for the purchased goods!
(12) Reimbursement of the paid amounts and the return of the purchased goods may occur only if the original cash receipt, issued to the same goods, is returned along with the goods! Otherwise, there shall be a refusal of return of goods since the amount cannot be reversed.
(13) The amount will be refunded as follows:
• Payments made with a debit or credit card - through a refund to the account, from which the payment has been made.
• Payments made by means of cash on delivery - to a bank account, additionally provided by the Client.
(14) If, for any reason, the client wishes to replace the product, purchased by them, they are entitled to do so within 14 days, counting from the date of the receipt of the goods. The costs for returning the product and sending the newly claimed one are at the expense of the client. If there is a difference in the price of the new and the old order, it shall be compensated for.
(15) The client is entitled to refuse the acceptance of the shipment, if the amount, which they have to pay the courier, does not correspond to the amount due. In this case, we ask the client to contact us immediately for the removal of the discrepancy.
IX. FULFILMENT OF THE CONTRACT
Art. 17. (1) The delivery time of the goods shall be determined individually for each item when concluding the contract with the User-consumer through the site of With Scent of Books.(2) In the event that the User-consumer and the Seller have not determined a delivery time, the delivery time of the goods shall be 30 business days, counting from the date following the sending of the order through the site of With Scent of Books.
(3) If the Seller cannot fulfil the contract on account of the fact that they do not have the materials necessary to produce the ordered goods, they are obligated to notify the User-consumer of that and to reimburse the amounts paid by them within 30 business days, counting from the date, on which the Seller was supposed to fulfil their obligation under the contract.
Art. 18. The User must inspect the goods at the time of delivery and their handing over by the Seller and if they do not meet the requirements, the User must notify the Seller immediately.
Art. 19. In case of situations related to unsettled issues, the client is entitled to refer the controversial issues to our associate at the address specified for correspondence or via the contact form.
Art. 20. For the unsettled in this section cases, the rules for the commercial sale, defined in the Trade Act, shall apply. Any disputes, which may occur between With Scent of Books and a User, will be resolved in a spirit of understanding and goodwill. In the event that this is not possible, the User may use the Online Dispute Resolution (ODR) Platform within the European Union: https://ec.europa.eu/ оr contact the Commission for Consumer Protection.
X. PRIVACY POLICY
Art. 21. (1) The Seller shall protect the personal data of the Users, which have become known upon completing the electronic form for submitting a purchase order. Upon abiding to the acting legislation and the clauses in these Terms of Use, the Seller may use the personal data of the Users solely for the purposes, laid out in the contract - accepting and fulfilling orders and contacting the Users in case problems, related to the order, occur. The Seller shall guarantee that the data in question will not be provided in any form to third parties or used for purposes, different from the aforementioned, except upon the explicit written consent of the User or if the information is required by a competent state authority within their powers by law. The Seller shall be responsible for the protection of the personal data of the Users, except in cases of force majeure, incidental event or malicious acts of third parties.(2) The user account of a specific User may be deleted from the database along with the related information at any time if desired by the User.
(3) The Seller shall take measures for protecting the personal data of the User in accordance with the Data Protection Act and the DIRECTIVE (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. For this purpose, the site of With Scent of Books uses an encryption protocol (Hypertext Transfer Protocol Secure).
(4) For reasons of security of the personal data of the Users, the Seller will only send the data to an e-mail address, indicated by the Users at the time of the registration.
(5) The Seller is entitled to store data in the end communication device of the User (cookies), unless the latter explicitly disagrees with that. The disagreement of the User may be expressed at any time using the "Cookie Bar" at the bottom of the page.
(6) The User or the Consumer agrees that the Seller has the right to send electronic messages to the User at any time, including newsletters or suggestions for the purchase of goods, while the User has a registration in the electronic store of the Seller and is subscribed to the newslatter.
(7) The User agrees that the Seller is entitled to collect, store and process data on the behaviour of the User when using the electronic store of the Seller.
Art. 22. (1) At any time, the Seller is entitled to require the User to identify themselves and to verify the authenticity of each of the circumstances and personal data stated during the registration.
(2) In the event that for some reason the User has forgotten or lost their password for access, they should contact the administrators of the online store www.withscentofbooks.com or use the "Forgotten password" option, available on the site of the Seller.
(3) The clients shall be responsible for the protection of the privacy of their password and account and are fully responsible for all actions, done through their account or password.
Art. 23. In relation with the GDPR, which came into force on 25.05.2018, With Scent of Books informs you of the personal data, which it collects, the purposes and terms, for which they are stored, as well as of your rights regarding the use of these data. Please, note our Privacy Policy, available HERE.
XI. AMENDMENTS AND ACCESS TO THE TERMS OF USE
Art. 24. (1) These Terms of Use may be amended by the Seller, for which the latter shall inform all Users of the site of With Scent of Books in an appropriate manner.(2) The Seller and the User agree that every addition and amendment to these terms of use shall have effect on the User in one of the following cases:
• upon being explicitly notified by the Seller and if the User does not declare, within the provided 14 day period, that they reject them; or
• upon being published on the site of the Seller and if the User does not declare within 14 days of their publication, that they reject them.
• with their explicit acceptance by the User through their profile on the site of the Seller.
(3) The User agrees that all statements of the Seller in relation to the amendment of these Terms of Use shall be send to the address of the electronic mail, indicated by the User, when registering. The User agrees that the electronic letters sent pursuant to this article, shall not need to be signed with an electronic signature in order to have an effect on them.
Art. 25. The Seller publishes these terms of use at www.withscentofbooks.com along with all additions and amendments to them.
XII. TERMINATION
Art. 26. These Terms of Use and the contract between the User and the Seller shall be terminated in the following cases:• upon termination and declaration of liquidation or insolvency of one of the parties to the contract;
• upon mutual agreement of the parties in writing;
• upon objective inability of any of the parties to the contract to fulfil their obligations;
• upon seizure or sealing of the equipment by state authorities;
• in case of deletion of the registration of the User on the Site. In this case the concluded but unfulfilled sale and purchase contracts shall remain in effect and are subject to enforcement.
Art. 27. The Seller shall be entitled, at their sole discretion, without giving notice and without owing compensation, to terminate the contract unilaterally, in case they determine that the User uses the Site in violation of these Terms of Use, the legislation of the Republic of Bulgaria, the generally accepted moral norms or the generally accepted rules and practice in the electronic commerce.
XIII. RESPONSIBILITY
Art. 28. The User undertakes to indemnify and discharge the Seller upon legal actions and other claims by third parties (regardless of whether they are justified or not), for all damages and expenses (including attorneys’ fees and court costs), resulting from or in relation to:• failure to fulfil any of the obligations under this contract;
• infringement of copyright, broadcasting rights or other intellectual or industrial property rights;
• unlawful transfer to other persons of the rights, granted to the User, for the duration and under the conditions of the contract;
• misrepresentation of the existence or absence of a consumer within the meaning of the Consumer Protection Act.
Art. 29. The Seller shall not be responsible in case of force majeure, incidental events, problems in Internet, technical or other objective reasons, including orders of the competent state authorities.
Art. 30. (1) The Seller shall not be responsible for damages, caused by the User on third parties.
(2) The Seller shall not be responsible for the time, during which the Site is not accessible due to force majeure.
(3) The Seller shall not be responsible for harm from commentaries, opinions and publications under the products, the news and articles in the Site, including damage to the health of the Users as a result of such comments, opinions or publications.
Art. 31. (1) The Seller shall not be responsible in case the security measures of the technical equipment are overcome and this results in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
(2) The Seller shall not be responsible in case of conclusion of a sale and purchase contract, provision of access to information, loss or alteration of data, which have occurred as a result of false legitimation by a third party, who presents themselves as the User, if from the circumstances it can be judged that this person is the User.
Art. 32. By accepting these Terms of Use, the user is notified that all content, including, but not limited to, the images, text and/or multimedia content, design, software, database, information and any other content, published on www.withscentofbooks.com, are property of With Scent of Books.
XIV. OTHER CONDITIONS
Art. 33. (1) The User and the Seller shall undertake to mutually protect their rights and legitimate interests, as well as to keep their trade secrets, which have become known to them in the process of performing the contract and these Terms of Use.(2) The User and the Seller shall undertake to not make public, during and after the expiration of the contract period, the written or oral correspondence, held between them. By public it may be considered the publication of correspondence in print and electronic media, internet forums, social networks, personal or public websites, etc.
Art. 34. In the event of a discrepancy between these Terms of Use and arrangements in a special contract between the Seller and the User, the clauses of the special contract shall prevail.
Art. 35. A possible invalidity of any of the provisions of these Terms of Use will not lead to invalidity of the entire contract.
Art. 36. The laws of the Republic of Bulgaria shall apply to the unsettled matters in this contract, related to the execution and interpretation of this contract.
Art. 37. These Terms of Use shall come into force for all users on 28.02.2023.