Terms of service

TERMS OF USE OF THE ONLINE STORE

I. GENERAL PROVISIONS

1.1. These Terms of Use govern the relationship between PRIKSI22 EOOD, UIC 208900110, with its registered office and management address at 132 St. St. Cyril and Methodius Street, Vazrazhdane District, 1303 Sofia, Bulgaria, email: prixyprix22@gmail.com (the “Supplier”), and persons using or entering into contracts through the MISHUPONASTARR online store available at https://mishuponastarr.myshopify.com/ (the “Online Store”).

1.2. “Consumer” means any natural person acting outside the scope of their trade, business or profession. “Customer” means any person using the Online Store or placing an order through it.

1.3. These Terms of Use govern the use of the Online Store and the conclusion and performance of contracts for the sale and delivery of goods offered through it.

1.4. These Terms of Use are permanently available in the Online Store. By placing an order, the Customer confirms that they have read and accepted them. Mandatory statutory consumer rights may not be restricted by these Terms of Use.

II. DESCRIPTION OF THE ONLINE STORE RESOURCES

2.1. The Online Store enables Customers to view the clothing and other goods offered, obtain information on their main characteristics, sizes, prices, availability and delivery terms, and enter into contracts for the sale and delivery of selected goods.

2.2. The main characteristics of each item, including where it is made to order, are stated on the relevant product page. Images are illustrative; minor colour differences may occur due to the settings of the device used.

2.3. The Online Store enables the Customer, without prior registration, to add goods to a shopping cart, correct order data and contents before submission, select an available payment and delivery method, and send electronic communications to the Supplier.

2.4. The Supplier arranges delivery of ordered goods and guarantees Consumers the rights provided for by applicable law.

2.5. By submitting an order, the Customer makes an offer to enter into a contract under these Terms of Use. The contract is concluded under Section VII of these Terms of Use.

III. INTELLECTUAL PROPERTY

3.1. All intellectual property rights in the Online Store, its content and the items offered through it are exercised by the Supplier or by the relevant rights holder who has authorised their use. They are protected under applicable law.

3.2. Protected items include, without limitation, the name MISHUPONASTARR, trade marks, logos, photographs, texts, graphics, illustrations, designs, patterns, prints, models, colour combinations, labels, packaging and other elements of the Supplier’s trade identity, as well as intellectual property incorporated in the goods offered through the Online Store.

3.3. Any use of the content of the Online Store or of protected items without the prior written consent of the Supplier or the relevant rights holder constitutes an infringement and may give rise to civil, administrative and/or criminal liability.

3.4. Without prior written consent, it is prohibited to copy, reproduce, distribute, publicly display, publish in other online stores or websites, adapt, create derivative works from, or use for commercial, advertising or other public purposes the content, images, models, designs, prints, patterns, names or other protected items associated with the goods in the Online Store.

3.5. In the event of infringement, the Supplier is entitled to seek compensation for all losses and costs incurred, and for third-party claims arising from the infringement, in accordance with applicable law.

3.6. Where third-party marks, photographs, texts or other materials are used in the Online Store, the rights therein belong to their respective owners. Customers may use the content only for personal, non-commercial purposes, provided that the rights of the Supplier and third parties are not infringed.

3.7. Purchase of a product through the Online Store transfers ownership only of the particular item purchased. It does not transfer rights in the model, pattern, design, print, graphical elements, trade mark or trade name embodied in it. The Customer may not reproduce, manufacture, commission the manufacture of, distribute or offer to third parties identical or similar goods using such protected items without the prior written consent of the Supplier or the relevant rights holder.

IV. USE OF THE ONLINE STORE

4.1. Use of the Online Store is free of charge and does not require prior registration, unless the Supplier introduces such an option in the future.

4.2. The Customer shall use the Online Store lawfully and in good faith and shall not take actions that may impair its security, integrity or normal operation.

4.3. Unauthorised automated data extraction, automated crawling, circumvention of technical protection measures, and any use of the Online Store in breach of law or these Terms of Use are prohibited.

4.4. The Supplier may carry out technical maintenance and change the design and functionalities of the Online Store, without affecting concluded contracts or Consumers’ statutory rights.

4.5. Any use of the content of the Online Store outside that permitted by these Terms of Use may only be made with the Supplier’s express permission.

V. RESPONSIBILITIES

5.1. The Supplier and the Consumer enter into a separate contract of sale for each item included in an order, although the items are selected by a single electronic statement and from one shopping cart. The Supplier may arrange joint delivery of items included in one order where this is possible in view of availability, the selected delivery method and the nature of the goods.

5.2. Exercise of a right of withdrawal, a right in the event of lack of conformity, or any other right in relation to a particular item does not affect the contracts of sale for the remaining items in the order, unless otherwise provided by law or the lack of conformity affects performance of the order as a whole.

5.3. When exercising a right under a contract of sale, the Consumer shall, insofar as available, state the order number, details of the item and the nature of the request. The absence of particular details does not prevent exercise of a statutory right where the Consumer can otherwise be identified.

5.4. Pre-contractual information required under consumer protection law is provided clearly and comprehensibly through the Online Store before the Consumer submits an order. Confirmation of the concluded contract and information on the ordered goods, final price, payment and delivery are sent to the Consumer’s email address.

VI. LIMITATION OF LIABILITY

6.1. The Supplier takes reasonable care to maintain the Online Store, but does not guarantee uninterrupted, error-free and permanently available access. Temporary unavailability due to maintenance, updates, technical failures, acts or omissions of third parties, electronic communications network issues, force majeure or an order of a competent authority does not affect concluded contracts or Consumers’ statutory rights.

6.2. Where the Online Store contains links to external websites, services or third-party content, they are provided solely for the convenience of Consumers. The Supplier does not control and is not responsible for their availability, content, security, legality, privacy policies, terms of use or the acts of the persons administering them.

6.3. The Supplier shall not be liable for damage resulting from unlawful use of the Online Store by the Customer, including provision of incorrect data, use of another person’s email address, breach of these Terms of Use, or actions performed through the Customer’s device or internet connection. This clause does not exclude or limit liability where this is prohibited by law.

VII. PURCHASE OF PRODUCTS. PAYMENT. DELIVERY.

7.1. The price of each item is stated on its product page. The final order price, including applicable taxes and delivery charges where payable, is clearly stated before submission of the order. PRIKSI22 EOOD is not registered under the Bulgarian Value Added Tax Act.

7.2. Payment is made using the payment methods active at the time of checkout and indicated in the Online Store. The methods available for the particular order are displayed during the payment process.

7.3. Card and e-wallet payments are processed by the relevant payment service provider. The Supplier does not receive or store Customers’ full payment card details.

7.4. Following submission of an order, the Supplier sends electronic confirmation of its receipt. The contract is deemed concluded upon the Supplier’s sending confirmation that it accepts and will fulfil the order. Before submitting an order, the Customer may identify and correct data-entry errors.

7.5. The Supplier delivers goods in Bulgaria and in European countries for which delivery is available at checkout. Couriers, processing and delivery times, delivery charges and conditions for free delivery are published in the Online Store and displayed for the particular order before submission.

7.6. If an item is unavailable, there is a technical pricing error or another objective impossibility of performance, the Supplier shall notify the Customer without undue delay and refund any amounts paid for the unfulfillable order.

7.7. The risk of accidental loss of or damage to the goods passes to the Customer when the Customer, or a third party designated by the Customer other than the carrier, acquires physical possession of the goods.

7.8. The Customer should inspect the parcel upon receipt. Identifying or failing to identify visible non-conformity upon receipt does not deprive the Consumer of statutory rights in the event of lack of conformity of the goods.

VIII. RETURN OF GOODS. GUARANTEES.

8.1. The Consumer has the right to withdraw from a distance contract without giving reasons and without paying compensation or a penalty within 14 days from the day on which the Consumer, or a third party designated by the Consumer other than the carrier, acquires physical possession of the goods.

8.2. The right of withdrawal is exercised by an unequivocal statement to the Supplier at the contact address published in the Online Store or by the standard withdrawal form, which is available in the Online Store and provided on request.

8.3. The Consumer shall send back or hand over the goods to the return address published in the Online Store no later than 14 days after notifying withdrawal. The direct cost of return is borne by the Consumer, unless the Supplier has expressly undertaken it.

8.4. In the event of withdrawal, the Supplier refunds all amounts received from the Consumer, including the cost of standard delivery, without undue delay and no later than 14 days after being informed of withdrawal. The refund is made using the same payment method unless the Consumer has expressly agreed to another method that entails no cost. The Supplier may withhold the refund until receipt of the goods or proof that they have been sent back, whichever occurs first.

8.5. The Consumer is liable only for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and proper functioning. Return may not be refused solely because the goods have been unpacked or lack “merchantable condition”.

8.6. The right of withdrawal does not apply to clothing and other goods made to the Consumer’s order or clearly personalised. Where applicable, the personalised nature of the goods is clearly stated on the product page and before submission of the order.

8.7. The right of withdrawal does not apply to sealed goods which are not suitable for return for reasons of health protection or hygiene once unsealed after delivery. Where applicable and clearly indicated, this applies to underwear, swimwear and other sealed hygiene goods.

8.8. The Supplier is liable for any lack of conformity of the goods with the contract under the conditions and within the time limits provided by consumer protection law. In the event of lack of conformity, the Consumer may submit a complaint through the contacts published in the Online Store and exercise the right to repair or replacement, or, where statutory conditions are met, a proportionate price reduction or termination of the contract.

8.9. Where a commercial guarantee is provided for an item, its terms, duration and territorial scope are stated separately for that item. A commercial guarantee does not affect the Consumer’s statutory rights in the event of lack of conformity.

IX. SECURITY

9.1. The Supplier implements appropriate technical and organisational measures to protect the Online Store and data processed in connection with it.

9.2. The Customer should safeguard the data provided when placing an order and notify the Supplier if they suspect unauthorised use of their email address or order data.

9.3. The Supplier shall not be liable where reasonably implemented security measures are circumvented by third parties, except to the extent that liability cannot be excluded or limited by law.

X. PERSONAL DATA PROTECTION

10.1. The Supplier processes Customers’ and Consumers’ personal data in connection with use of the Online Store, conclusion and performance of contracts, payment, delivery, returns and complaints, in accordance with applicable law and the Privacy Policy published in the Online Store.

10.2. Information on cookies and similar technologies used, and on managing consent, is provided in the Cookie Policy published in the Online Store.

10.3. Marketing communications are sent only where there is an applicable legal basis. Recipients may unsubscribe at any time through the mechanism provided or by contacting the Supplier.

XI. MISCELLANEOUS

11.1. Questions, withdrawal requests, complaints and other notices may be sent to the Supplier through the contact channels published in the Online Store.

11.2. The Consumer may refer a dispute to an alternative consumer dispute resolution body under the Consumer Protection Act. Information on recognised bodies is published on the website of the Consumer Protection Commission: https://kzp.bg/.

11.3. The Supplier may amend these Terms of Use for future orders by publishing the current version in the Online Store. Contracts already concluded are governed by the version accepted when the relevant order was submitted, unless otherwise provided by law or expressly agreed by the parties.

11.4. The invalidity of an individual provision does not affect the validity of the remaining provisions. Matters not regulated herein are governed by applicable Bulgarian law, without depriving the Consumer of protection afforded by mandatory rules of applicable law.