GENERAL TERMS AND CONDITIONS and GDPR
GENERAL TERMS AND CONDITIONS OF SALE AND USE of the online shop www.dika.com
This website www.dika.com (‘Website’) is published by E. MIROGLIO EAD, intra-community VAT number BG119603547, with its registered office at Zone Industrielle, Sliven, Bulgaria.
Telephone: +359 882 477802
I. SCOPE OF APPLICATION
This document constitutes the General Terms and Conditions of Sale and Use of the virtual platform for the sale of goods www.dika.com and its subdomains, which establish the rules of use of the Website, as well as the conditions for the conclusion of a contract of sale.
These General Terms and Conditions of Sale and Use apply, without restriction or reservation, to any purchase of Products offered by E. MIROGLIO EAD to consumers and non-professional customers on its Website.
The Customer declares to have read these General Terms and Conditions of Sale and Use and to have accepted them by ticking the box provided for this purpose before implementing the online Order procedure. Unless proved otherwise, the data recorded by E. MIROGLIO EAD constitutes proof of all transactions made by E. MIROGLIO EAD and the Client via the Website.
The validation of the Order by the Client implies unconditional and unreserved acceptance of these General Terms and Conditions of Sale and Use. The Client acknowledges having the capacity required to enter into a contract and acquire the Products offered on the Website.
These General Terms and Conditions of Sale and Use are accessible at all times on the Website and shall prevail, where applicable, over any other version or any other contradictory document. As these General Terms and Conditions of Sale and Use may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the Website on the date the Order is placed.
The identification of the Customer, as well as his acceptance of the General Terms and Conditions of Sale and Use, is done through the log files stored on the server of www.dika.com, the storage of the IP address of the User/Customer, as well as any other necessary information as described in the section relating to the privacy policy.
2. DEFINITIONS
2.1. Seller - E. Miroglio EAD, Company with registration number EIK 119603547 and VAT BG119603547, registered office and management address: Industrial Zone, city of Sliven 8800, Bulgaria.
2.2. Customer - any natural or legal person, non-professional customer, or other legal entity, using the ‘DiKa’ online shop in any way whatsoever, including, but not limited to, visiting it, placing an order, making a return, etc.
2.3. Internet website - a virtual platform for the sale of goods located on the domain www.dika.com and its subdomains.
2.4. Account - a section of the Internet website, consisting of an email address and a password enabling the Customer to place the Order and containing information about the Customer necessary for the processing of the Order.
2.5. Favourites - a section of the Account which enables the Client to create his or her own lists of favourite products.
2.6. Order - an electronic document representing a form of communication between the Seller and the Client by which the Client declares to the Seller, via the Website, his or her intention to purchase products or services on the Website.
2.7. Products and Services - any object of the sale and purchase contract of the Website.
2.8. Promotions - any commercial announcement aimed at promoting certain Products and/or Services available in limited quantities, unless expressly stated otherwise in the commercial communication, for a period of time specified by the Seller.
2.9. Contract of Sale - represents the distance selling contract between the Seller and the Customer for the purchase and sale of Products and/or Services on the Website, of which these general terms and conditions of sale and use of the Website form an integral part.
2.10. Content:
a / all information on the Website accessible via an Internet connection and the use of a device connected to the Internet
b / information concerning Customers and related to the Products and/or Services and/or applicable tariffs of third parties with whom the Seller has concluded partnership agreements in some form
c / Seller data or other associated data
2.11. Refund of money - the action on the part of E. Miroglio EAD to refund the amount to the Customer following the cancellation or non-execution of a purchase and sale contract on the Website, carried out solely by bank transfer.
2.12. Specifications - All the characteristics and/or descriptions of the Products and Services, as specified in their description, provided by the manufacturer.
2.13. User is any person who has downloaded the Website / name of the site / onto their computer.
2.14. Ordering process means any item selected and all other attributes related to the method of delivery and payment of the Products by the customer/user.
3. ORDERING
3.1 General
The Customer selects the Products and/or services he wishes to order on the Website, according to the procedures described below. The contractual information is presented in French or in English and is subject to confirmation at the latest at the time of validation of the Order by the Client.
For Orders placed exclusively on the internet, the registration of an Order on the Website is realised when the Client accepts the present General Terms and Conditions of Sale and Use by ticking the box provided for this purpose and validating his Order. The Customer has the option of checking the details of their order and its total price and correcting any errors before confirming their acceptance. This validation implies acceptance of all of these General Terms and Conditions of Sale and Use and constitutes proof of the sales contract.
It is therefore the Customer's responsibility to check the accuracy of the Order and to immediately report any errors.
The sale shall only be considered final after the Customer has been sent confirmation of acceptance of the Order by the Seller, by email, and after the Seller has received payment of the full amount.
Any Order placed on the Website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any Order from a Customer with whom there is a dispute relating to the payment of a previous Order.
3.2 Ordering process
3.2.1. The Customer can place an order in the online shop by specifying a valid e-mail address, a correctly completed postal address for delivery of the goods, and correct contact details (surname, first name, telephone number).
3.2.2. The Customer undertakes and is responsible for ensuring that all the information relating to the purchase that he/she has declared when sending the Order to the Seller is true, complete and accurate on the date the Order is sent.
3.2.3. Each of the Products added to the shopping basket is available for purchase according to the quantities in stock on the day of the Order. Adding a Product and/or Service to a shopping basket does not result in the order being recorded and the Product/Service being automatically reserved. The Order is activated by clicking on the ‘Place my order’ button and after the Website loads the complete information for the Order in question (items ordered, delivery date and address). The Customer receives an email from the address online.france@dika.com with confirmation of the Order. The contract is deemed to have been concluded upon receipt of the confirmation email and collection of the price. Orders with delivery locations outside these territories (Austria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Slovenia and Spain) are not concluded and are not fulfilled.
3.2.4. After a successful Order, the Customer receives an Order confirmation by email to the email address designated by him (‘E.Miroglio EAD’ is not responsible if the Customer does not receive a confirmation email due to an incorrect email address or the Customer's electronic registration system). The confirmation e-mail will state the Products ordered, the Order number and the date and time of the Order. Before confirming the Order, the Seller reserves the right to request details of the Order by telephone if additional information is required. The Seller reserves the right to accept or refuse the Order. Upon receipt of a confirmation email, the Contract is deemed to have been concluded.
3.2.5. By sending the Order, the Customer authorises the Seller to contact him in any way possible when necessary in connection with the Order. In order to contact the Customer, the Seller may use third parties, including its commercial agents, assistants/call centres, etc.
3.2.6. The Vendor has the right to refuse to fulfil and/or to cancel the Order already made by the Client in the event of failure to pay online due, in particular, to incomplete and/or incorrect data provided by the Client on the Website. In this case, the refusal and, respectively, the cancellation of the Order cannot give rise to any liability or any subsequent obligation of either party towards the other, and neither of them has the right to seek compensation from the other party for the cancellation of the Order.
3.2.7. The Seller reserves the right to unilaterally terminate the contract with the Customer by sending an email from online.france@dika.com to the email address provided by the Customer, in the event that all or part of the Products ordered are out of stock or cannot be delivered for reasons beyond the Seller's control. If the requested Products are not available in the working week following the Order, the Seller shall inform the Customer of their unavailability by sending a message to the email address specified by the Customer.
3.3. Product return process
3.3.1 Right of cancellation
The Customer has a cancellation period of 14 clear days from receipt of the Order to exercise his right of cancellation with the Seller and cancel his Order, without having to justify his reasons or pay a penalty, for the purpose of exchange or reimbursement.
The right of cancellation can be exercised online, using the cancellation form available on the Website. To be considered effective, the right of withdrawal must include all the information requested in the form provided for this purpose, in particular: the number of the order placed, the telephone number left in the order, the surname and first name that are registered on the Website, the e-mail address that is registered on the Website, the value of the Order.
The Products must be accompanied by the original labels and packaging, free of dirt and/or traces of cosmetic products. Any Product that has been altered cannot be returned, as the Customer has waived his right of withdrawal.
In the event of exercising the right of cancellation within the aforementioned period, only the price of the returned Products ordered will be refunded, with the Customer bearing the delivery and return costs. Any bank charges for the refund will be borne by the Customer.
All transport costs for the return and exchange are payable by the Customer. The Products are to be returned by a method of transport that provides proof of receipt, otherwise E.Miroglio EAD is not responsible for lost goods. The goods must be returned to the following address:
E.Miroglio EAD
7, Spas Sokolov
1404 Sofia, Bulgaria
Tel.: +359 882 477 802
The refund of the sums actually paid by the Customer will be made within 14 days of receipt by the Seller of the returned products. Products without original labelling or defective products will not be refunded.
3.3.2. Procedures for the refund of Products
The refund for Products returned to the address indicated in the previous points is done to the ban card used for paying the order. All possible bank refund charges are the sole responsibility of the Customer.
In the case of a Product and/or Service ordered and paid for by the Customer that cannot be supplied/delivered by the Seller, the latter shall inform the Customer accordingly and shall reimburse the Customer for the Product and/or Service already paid for within 7 (seven) days from the date on which the Seller established this fact or from the date on which the Customer expressly expressed his wish to terminate the contract.
3.3.3. Complaints
A complaint may be made when the Product does not correspond to the sales contract between the parties. The divergence in the agreement between the parties may be expressed on the following points:
a / failure to produce the Product;
b / failure to deliver the entire quantity requested;
c / delivery of Products other than those ordered;
d) inconsistency of the Product delivered with the size and/or colour advertised - Product shipped in a size and/or colour different from the Product ordered;
e) Product damaged during transport.
The complaint may be addressed to ‘E. Miroglio EAD’ at the e-mail address specified on the Website. In the meantime, the Customer must return the Product within 14 (fourteen) days of receipt.
In the event of a complaint, the Customer may choose to receive a Product without defects or of any other size or colour, or to return the Product and receive a refund of the amount paid. An online shop consultant may offer to replace the Product with one or more different Products or with a new Product. The Customer pays the difference if the other Product is more expensive or is refunded the difference between the replaced Product and the new Product if the price of the new Product is lower than the price paid by the Customer.
In all cases of Product exchanges, the return and delivery costs are payable by the Client, unless the exchange was imposed through the fault of the Vendor. If the Client wishes to exchange or return a Product, this can be done with a transport company of their choice offering a guarantee of traceability.
4. PRICES AND TERMS OF PAYMENT
4.1. Product prices are indicated in Euros, inclusive of all taxes. They include VAT and any reductions applicable on the day of the Order, and are invoiced to the Client on the basis of the prices in force at the time of Order validation.
The prices of the Products do not include delivery charges or any bank charges payable by the Customer. The amount of the delivery charges is specified on the order form before the Order is confirmed.
The prices are firm and non-revisable during their period of validity, the Vendor reserving the right to modify the prices at any time.
4.2. The Customer pays the total price of the Product, as advertised on the Seller's Website. Part payments are not accepted. In the event that the Customer pays only part of the declared price of the Product, it is considered to have cancelled the contract and the amount paid is returned to the Customer at its expense, where applicable, within the agreed period.
4.3. The price is payable in full on the day the Order is placed by the Client, according to the terms specified in the article ‘Orders’ above, by credit card with our partners DSK Bank, a subsidiary of the Hungarian bank OTP, and part of the OTP group, whose registered office is located at 5 G. Benkovski, Sofia 1036, Bulgaria, email: call_center@dskbank.bg, website https://dskbank.bg.
The Customer guarantees that they are the holder of the bank card used.
Payment data is exchanged in encrypted mode using the ‘3D Secure’ protocol.
The Vendor shall not be obliged to proceed with delivery of the Order to the Client if the price has not been paid to him in full beforehand under the conditions and as indicated above.
Payments made by the Client shall only be considered final after effective receipt of the sums due by the Vendor.
4.4. Any bank charges for the payment of the price and transport costs for the delivery of the Order are not included in the price and are payable by the Customer.
In the case of online payments or bank transfers, the Seller shall not bear any commission charges or any other bank charges (in particular those related to currency exchanges and more generally any bank charges) which shall be borne exclusively by the Customer.
5. DELIVERY OF GOODS
5.1. Deliveries are made by the courier company DPD or FedEx in the territory of: Austria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain.
5.2. Deliveries are only made for successful Orders. The Customer is informed by email when the Products ordered are being packed. The Products are handed over to the carrier and the completed delivery note serves as proof of delivery.
Products are delivered only after full payment for the Order and to the address indicated by the Customer.
Upon delivery, the Customer or his representative may be required to provide proof of identity or any other proof of identification.
5.3. Subject to the availability of the Products, and except in exceptional circumstances, the Seller shall endeavour to deliver the Order, after its confirmation, within an average period of 7 working days. In all cases where no delivery time has been stipulated on the order form, delivery shall be made within a maximum of 30 days from the date of order confirmation. However, delays may occur in the event of unforeseen circumstances or for reasons related to the place of delivery.
5.4. The cost of product delivery is paid by the Customer and is as follows:
a / to the customer's address for the countries of Croatia, Greece, Hungary, Czech Republic, Slovakia, Slovenia: EUR 12.
b / to the customer's address for the countries of Belgium, France, Germany, Italy, Netherlands, Poland: EUR 15.
c/ to the customer's address for the countries of Austria, Cyprus, Denmark, Spain, Latvia, Luxembourg, Lithuania, Portugal: EUR 18.
In the event of damage resulting clearly from transport, the Customer must refuse the damaged product and write ‘refused due to transport damage’ on the return slip, it being specified that any complaint must, to be valid vis-à-vis the carrier, be addressed within 48 hours of delivery of the Products, by e-mail or post addressed to the Seller's dedicated department on its Website.
In the event of refusal to accept the Products and subsequent return, for the reasons indicated above, the Customer may request a new delivery or cancellation of the order.
In the absence of such refusal, the Customer formalises his acceptance of the delivery by signing the delivery receipt, which is valid as proof of receipt of the Products. No subsequent claim related to the condition of the delivered Products is possible and the transfer of ownership and risks occurs upon Receipt of the Products at the Customer's home.
6. INTELLECTUAL PROPERTY
The content of the Website is the property of the Seller and its partners and is protected by Bulgarian and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeiting.
Furthermore, the Seller retains ownership of all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc. appearing on the said Website. No one is authorised to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, any of these elements, and any simple or hypertext link is strictly prohibited without the express written consent of the Seller.
7. PROVISION, PROCESSING AND PROTECTION OF PERSONAL DATA
PRIVACY POLICY
7.1. General
E. MIROGLIO EAD is concerned about protecting your privacy and intends to ensure the protection of personal data entrusted to us. To ensure the functioning of the Website published by E. MIROGLIO EAD, the latter is required to collect a certain amount of personal data.
The purpose of this policy is to provide you with as much information as possible about how your personal data will be processed in accordance with Law No. 138/2018 on the protection of personal data, as well as in accordance with other applicable Bulgarian and EU legal texts, in particular the GDPR (European Regulation of 27 April 2016).
The privacy policy explains how E.Miroglio EAD governs the way in which we collect personal data, how it is used, the conditions under which it may be disclosed to third parties and how it is stored.
In accordance with current national and European regulations, the Customer has the right to access, modify, rectify, oppose the portability and limitation of the processing of information concerning him/her at any time. This right may be exercised under the conditions and in accordance with the procedures defined below.
Any customer using the Website is deemed to be aware of this policy and undertakes to comply with it.
7.2. The person responsible for processing the collected data
The data controller who collects the data and carries out the processing is:
The company E. MIROGLIO EAD
Registered office: Industrial Zone, 8800 Siven, Bulgaria
7. 3. Categories of personal data collected.
E. Miroglio EAD only collects personal data from customers, natural persons of full age, which is necessary and related to the purposes of processing Orders (‘data minimisation’) and which does not include a particular category of personal data (‘sensitive data’).
The personal information collected when you register and/or create your personal account and/or place an order includes the following data: surname and first name, date of birth, height, gender, postal and/or billing address, email address, telephone number and IP address when browsing the Website, information relating to transactions and the monitoring of the commercial relationship, geolocation data.
Each data collection form indicates whether the provision of your data is compulsory (indicated by an asterisk) or optional.
Failure to provide information indicated as compulsory will prevent us from fulfilling your request. For example, your delivery address is required to deliver your order.
The personal data collected by E. Miroglio EAD in the context of the services offered by it via the DiKa online shop website are always processed solely for the specific purpose for which they are provided by the Customers/Users, and are not processed in a manner incompatible with these purposes.
For the processing of the personal data provided to it, E. MIROGLIO EAD guarantees an appropriate level of security and adequate protection against any unauthorised or illegal processing and against any loss, destruction or damage by applying appropriate technical and organisational measures for this purpose.
7.4. Reason for the processing of personal data.
E. Miroglio EAD processes the personal data provided by Customers/Users in relation to the Products and services offered by the Website within the framework of a sales contract or when necessary to fulfil the conditions governing the use of the ‘DiKa’ online shop platform/site. The main reason for processing personal data is the fulfilment of a sales and purchase contract when Customers make a purchase; when they register on the DiKa online shop website and/or when using one of our services or features, although there are other reasons allowing the publisher to process them, such as, for example, its interest in answering Customers' questions, or on the basis of the consent you give, the possibility of receiving advertising messages.
7.5. The purposes for which personal data are processed.
E. Miroglio EAD processes the personal data of its customers in particular:
- to manage the registration of Customers/Users in the online shop;
- for the subsequent development, implementation and fulfilment of the sales contract, concluded between the Seller and the Customers via the Website;
- to provide information directly related to the Products that Customers request;
- to receive advertising messages about our offers/proposals/articles addressed to Customers/Users of the Website;
- when using re-marketing via trusted sites, including Facebook;
- when E. Miroglio EAD solicits the opinion of its Customers/Users on the products offered;
- when performing statistical analyses and other analyses of the services offered by the online store;
- to notify changes to our General Terms and Conditions of Sale and Use, our Privacy Policy or our services.
Some web pages on the Website may contain web beacons that allow us to count the number of visitors to the Website and/or provide us with a number of indicators. These web beacons may be used by some of the Seller's subcontractors, in particular to measure and improve the effectiveness of the Website. The information obtained from these tags is only used to compile statistics on the use of certain pages of the Website in order to better serve our customers.
7.6. How personal data is collected
Customers/Users voluntarily provide their personal data when using our Website www.dika.com. For example, when a request is made for a particular item or service, or during the process of Ordering Products offered by E. Miroglio EAD via the DiKa online shop, and in particular when the Customer/User fills in their personal data, which is a condition for accessing certain features or services on the platform. The specified fields, which are indicated as mandatory, contain the information that the Seller needs to conclude a purchase agreement, to deliver the Products and to perform the agreement.
By providing personal data, the Customer/User agrees to receive an Order confirmation and information about the dispatch of the Order by email. The personal data of the Customer/User will only be used for the purpose of administering the Order in question.
After giving his consent to receive advertising messages, the Customer/User agrees to receive current promotions and commercial offers from the Seller by e-mail.
In any case, you have the option to withdraw your consent to commercial prospecting in accordance with the provisions of Article 8.9 below.
7.7. Personal data storage period
E. Miroglio EAD takes all necessary measures for the protection and storage of personal data for the period during which the personal data is kept, insofar as this is necessary for the activities for which it was provided, in compliance with the requirements and deadlines provided by law.
The retention period of your personal data depends on the purpose for which it is used:
- commercial prospecting for 3 years from the last contact or the last purchase;
- 10 years in accordance with our legal and contractual obligations.
At the end of this period, the personal data of the Customer/User will be destroyed.
7.8. Who has access to the personal data provided by Customers/Users
The personal data collected is hosted within the European Union.
E. Miroglio EAD undertakes not to sell, supply or share the personal data provided for marketing purposes without the express consent of the Customers/Users. Only authorised persons may access this data.
The personal data collected is intended for use by the Seller only. Information on personal data may be delivered to third parties - service providers, subcontractors and other related organisations - solely and exclusively for purposes related to the performance of services for Customers/Users, communication for which they have given their explicit consent.
The personal data of the Customer/User up to the date of destruction are not disclosed to third parties without their prior consent, unless the communication is required by a regulatory text or a legal order or following an injunction from a public/judicial authority. However, when third-party service providers are used by the Seller, only the personal information necessary for the provision of the service is disclosed. The third parties with whom E. Miroglio EAD works are mainly service providers through whom it supplies the Products purchased by Customers. They will use the personal data provided to them to fulfil their obligations arising from the contracts concluded with them.
The provision of personal data to public institutions may only take place in the cases provided for by law and in a volume that does not exceed the purposes for which it was requested.
The employees of www.dika.com guarantee and are required to respect the confidentiality of the personal data of Customers/Users.
7.9. Right to access, correct, object to or delete personal data.
Customers/Users have the right to request at any time:
7.9.1. Access to personal data collected during the provision and use of services, including: confirmation that we process the personal data provided to us, the categories, the purposes of the processing and the recipients to whom the data is disclosed.
7.9.2. Correction of the personal data provided when it is inaccurate.
7.9.3. The erasure of personal data when it is no longer needed for the purposes for which it was collected or otherwise processed, as well as when it has been unlawfully processed.
7.9.4. The withdrawal of consent for the collection of personal data
This withdrawal does not affect the legality of the processing, based on the consent previously given.
7.9.5. Right to the limitation and portability of personal data, it being specified that Customers/users may define post-mortem directives.
7.9.6. Objection to the processing of personal data:
Any Customer/user may:
- object to the processing of personal data for direct marketing purposes;
- request notification before their personal information is disclosed for the first time to third parties for the necessary processing as described in Article 7.8 above.
Some data not entered or any opposition to their collection may make certain services offered on the Website inaccessible.
The aforementioned actions to authorise access, correction, objection and deletion of personal data can only be carried out when the Customer/User makes a request in writing to the Seller, which must contain:
1. Name, address and other identification data of the person concerned, as well as a copy of their identity card;
2. Description of the request;
3. Preferred form of providing the information;
4. Signature, date of submission of the request, correspondence address and telephone number;
5. Power of attorney when submitted by an authorised person.
The request must be sent to the address where the Seller has its registered office by registered letter.
The Vendor will notify the decision to carry out the requested action or the refusal to do so within one month of receiving the request. The notification will be sent by recorded delivery.
The company E. MIROGLIO EAD undertakes to do everything in its power to respect your rights regarding your personal data.
However, if you consider that these rights have not been respected, you can lodge a complaint with the Commission for Personal Data Protection, the supervisory authority responsible for ensuring compliance with the regulations applicable to the processing of personal data in Bulgaria: www.cpdp.bg/en/
7.10 Data Protection Officer
E. MIROGLIO EAD has a Data Protection Officer whose job is to ensure compliance with current regulations on the protection of personal data.
You can contact him at the following address: online.france@dika.com.
Any questions relating to this confidentiality policy can be sent to the following email address: online.france@dika.com.
8. COOKIE POLICY
Cookies are small files containing text and a unique number, which are stored in the directory of the Client/User's browser or on a mobile device. They are created when you use your browser and visit a website that uses cookies. Cookies are mainly used to record information relating to the visit or use of the Website by Customers/Users, such as storing the data provided, pages visited, personalisation preferences for the Website, etc.
There are two types of cookies: permanent, functional or necessary cookies, and temporary (session) cookies.
8.1. Session cookies are temporarily stored on the Customer/User's device when they visit the Website, but are deleted as soon as the page is closed.
8.2. Permanent (necessary) cookies are stored as files on the Customer/User's computer or mobile device for an extended period. These cookies are linked to the proper functioning of our Site. They cannot be deactivated without interrupting your access to the online store. With the exception of cookies necessary for the functioning of the Site, we only store cookies on the device of Customers/Users with their consent.
8.3. We use cookies and the information collected about them to optimise and ensure the full and high-quality use of the online shop's features, including for authentication, security enhancement, recognition of Customers‘/Users’ preferences, data analysis, displaying personalised content, behavioural advertising, saving settings, monitoring, as well as to meet the widest range of user needs and requirements.
8.4. By visiting the Site, Customers/Users accept that the Seller has the right to place cookies and to use the information generated by these cookies, including providing them to third parties.
8.5. Customers/Users can refuse the storage of and/or access to the cookies of their choice by modifying their browser settings. Customers/Users should be aware that by limiting the authorised cookies, they may be deprived of the possibility of fully using all the functionalities of the Website and the online store. Restricting cookies may affect certain functionalities of the Website and the online store.
8.6. By visiting the Website, Customers/Users accept that certain types of cookies are strictly necessary for the proper functioning of the Website and the online store, as well as for the functioning of the services they have activated, and that they cannot refuse these cookies.
8.7. Use of third-party cookies
The Seller is not responsible for the content and use of cookies placed on the devices of Customers/Users by third parties, nor for changes to the type and number of these cookies.
For more information and for any questions regarding cookies used by third parties, it is recommended to contact the third parties concerned directly and to consult their cookie policies.
8.8. The information collected via cookies will be used only for the purposes described in this Policy, as well as within the limits authorised by the applicable Bulgarian legislation on the protection of personal data.
9. GENERAL PROVISIONS
9.1. Due to limited space and the way information is written and displayed, Product descriptions may be incomplete. The Product description uses common words and expressions and provides information mainly on the type of Product, its intended use and its characteristics.
9.2. All Products, including those on promotion and/or at a discount, are sold and delivered while stocks last, even if this is not explicitly stated on the Website.
9.3. The General Terms and Conditions of Sale and Use of ‘E. Miroglio EAD’ concerning the DiKa online shop are binding on all users of the Website.
9.4. Any use of the Website implies that the Customer/User agrees to comply unconditionally with these General Terms and Conditions of Sale and Use.
9.5. The General Terms and Conditions of Sale and Use may be unilaterally modified by E. Miroglio EAD at any time by publishing them on the Website. These modifications take effect immediately and are binding on all Users and/or Customers.
9.6. E.Miroglio EAD has the right to make changes to the General Terms and Conditions of Sale and Use at any time at its sole discretion or if they are imposed by a regulation or legislative provision that has come into force.
9.7. If any of the provisions of these General Terms and Conditions of Sale and Use is invalid or unenforceable for any reason, this shall not result in the invalidity or enforceability of the other provisions.
9.8. E.Miroglio EAD declares that the images/photos of the Products are non-contractual and provided for information purposes only; the Products delivered may differ from the images due to a change in characteristics or design.
9.9. By placing an Order on the Website, the Customer agrees to obtain the Product from the Seller in exchange for payment.
9.10. The sales contract concluded between the Customer and the Seller is based on these General Terms and Conditions of Sale and Use, accepted by the Customer, as well as the information requested and provided by the Customer on the Website.
9.11. The Customer has the right to contact ‘E.Miroglio EAD at the addresses indicated in the “Contact us” section on the Website or by telephone. The Seller is free to process the information received from the Customer without having to justify its decisions. The Customer is entitled to a single registration and may use only one user account on the Website.
9.12. The Client is not authorised to use the account of another registered User or to allow third parties to use his account. He is not authorised to create additional registration accounts maliciously in order to abuse the functionality of the website or other Users, or to attempt to present himself as another User.
9.13. You can contact the Seller via a direct link or the addresses listed on the site in the ‘Contact us’ section. The seller is free to process the information obtained without having to justify it.
9.14. E.Miroglio EAD may publish on the Website of the ‘DiKa’ online store advertising or promotional information about the Products and/or Services and/or promotions offered by it or by its partners for a certain period of time, as well as information about available stock.
9.15. The Vendor has the right to use subcontractors to perform the services offered on the Website, without it being necessary to notify or obtain the consent of the Client/User to do so.
9.16. When using the Website, the Customer/User is not authorised to copy, borrow or use images, trade names or brands, even if the use is intended for personal use.
10. FORCE MAJEURE CIRCUMSTANCES
The Seller cannot be held responsible if the non-execution or delay in the execution of any of its obligations, as described in the present general conditions of sale and use, results from a case of force majeure, in the sense of article 306, paragraph 2 of the Commercial Code.
11. OTHER CONDITIONS
These General Terms and Conditions of Sale and Use and the transactions arising therefrom are governed by and subject to French law.
These General Terms and Conditions of Sale and Use are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
The Client is informed that in any case they may have recourse to conventional mediation, in particular with the Consumer Mediation Commission (in accordance with Directive 2013/11/EU) or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
All disputes to which the purchase and sale transactions concluded in application of these general terms and conditions of sale and use may give rise, concerning their validity, interpretation, execution, termination, consequences and outcomes and which could not be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
12. Correspondence information
10.1. The User/Customer can contact the Seller at the following addresses for correspondence:
Email: online.france@dika.com
Telephone: 00359 882 477 802
Address: Sofia, Manastirski Livadi district, Spas Sokolov Street, No. 7
Website: https://www.dika.com
Fill in the request form on the website
To contact the Consumer Protection Commission (CPC): www.kzp.bg/en, to file a complaint: https://kzp.bg/en/login
For alternative resolution of consumer disputes: http://ec.europa.eu/odr
Standard form for exercising the right of withdrawal for online purchases: https://old.kzp.bg/bg/standarten-formulyar-za-uprazhnyavane-pravo-na-otkaz-pri-online-pokupki/