D2LINE GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter ‘the General Conditions’ or ‘the Conditions’) represent an integral part of the distance contracts for the sale of products (‘the contract/s’), marketed on the https://d2line.com/ website (the ‘Website’).
Please read these carefully as they represent important pre-contractual information with regards to placing your order on the Website, making payments for the products and the conditions for their delivery, as well as your legal rights as a consumer and how to exercise them under the applicable laws.
To view the conditions under which customers are allowed to visit the Website and use its features please review our General Conditions of Use.
I. INFORMATION REGARDING D2LINE
I.1. The products marketed on the Website are sold to you by D2Line OOD, a company registered in the Commercial Register kept by the Registry Agency at the Ministry of Justice of the Republic of Bulgaria under universal identification code /UIC/: 204965840, VAT reg. number BG 204965840, with seat and address of management at No.301 Saedinenie Street, Lozen, Capital Municipality, Sofia City Province, Bulgaria, website: https://d2line.com/, email address: email@example.com, tel. +35924199209 (“D2Line”, “We” or “Us”).
II. ACCEPTANCE OF THE STANDARD TERMS OF SALE AND CLOSING
II.1. These General Conditions of Sale define the basic rules for placing orders and selling apparel, bags, shoes and accessories on the Website, which is owned by D2Line.
II.2. D2Line offers for sale on the Website the products to end consumers, namely to persons over 18 years, who buy them for reasons unrelated to activities, if any, carried by said persons for business, entrepreneurial or professional purposes (hereinafter referred to as “Consumer/s”).
II.3. D2Line reserves therefore the right not to process orders placed by persons other than Consumers.
II.4. The contracts executed between D2Line and the Consumer shall be deemed binding upon acceptance of the order, including partial acceptance, by D2Line. If the order is not accepted by D2Line, D2Line shall immediately inform Consumer thereof.
II.5. By placing an order with the order form made available on the Website (hereinafter, the “Order”), the Consumer shall read all of the indications given during the purchase procedure and shall accepts, in full, these general conditions.
II.6. These Conditions may be printed or stored on permanent storage devices, in accordance with the applicable legislation currently in force. D2Line does not register the individual sale agreement relating to a specific Order and such agreement shall not be deemed as a written agreement.
II.7. As part of the technical requirements necessary to cooperate with the ICT system used by D2Line the Consumer should have an active e-mail account (e-mail) and a device connected to the Internet.
III. HOW TO BUY THE PRODUCTS
III.1. The products offered for sale by D2Line are only and exclusively the ones displayed on the Website when the Order is placed, as described in the relevant product information description.
III.2. It remains in any case understood that, since the images included in the product information description are provided for information purposes only and may not be representative of all of the specifications of the product, colours and sizes may differ on account of the differences in screens and systems used by Consumers for accessing the Website.
III.4. Consumer can place an order by adding products with specified sizes/ colours and other specifications to the Shopping Cart.
III.5. Consumer may edit, correct and amend any order details using the Website functionalities including in the Shopping Cart section up to the moment of finalizing the order. Once the order has been submitted the Consumer shall not be able to edit order details.
III.6. To complete the order the Customer ought to visit the Shopping Cart section on the Website and duly fill-in the order form.
III.7. Before finalizing the order the Consumer shall be asked to carefully review the product specifications, the relevant price (inclusive of all applicable taxes and charges), shipping costs (including the ancillary costs that may be incurred in case a shipping and delivery method quicker and/or different from the standard delivery one is chosen) all displayed in the Checkout Section and review and consent to these General Conditions of Sale.
III.8. Once the order has been finalized and submitted D2Line shall confirm that the Order has been properly received by sending an email message to the address notified by Consumer without delay, but no later than 48 hours after receiving the Order. The email will contain these General Conditions of Sale and shall contain the products’ main characteristics, detailed information on the price, terms of payment, return policy and shipping costs.
III.9. D2Line may not process the Order when orders are incomplete or incorrect, or the products are no longer available.
III.10. In the above cases, D2Line shall inform you by email that the contract has not been executed and that D2Line has not carried out your Order specifying the reasons thereof.
III.11. If the products displayed on the Website are no longer available at the time of your last access and once the Seller has received your Order, the same shall inform you of the unavailability of the ordered products as soon as possible.
III.12. If the order form has been sent and the price has been paid for items that are no longer available, the Seller will refund, without undue delay, the amount paid for those items and the contract between the parties will consider to have been terminated.
III.13. D2Line shall confirm acceptance of the Order and execution of the sale agreement in reasonable time, but until the delivery of the products at the latest.
VI. PRICE AND TERMS OF PAYMENT
VI.1. By placing an order the Consumer explicitly acknowledges that in the event D2LINE confirms the Order, the Consumer will be obliged to pay the respective purchase price.
VI.2. The prices of the products marketed on the Website indicated on the Website are in euros or the local currency in the country of the consumer inclusive of taxes and VAT, when applicable.
VI.3. Consumer shall be informed in advance before submitting the order in the Shopping Bag section of all shipping costs or fees, if any, as these will be included in the total price through the Website.
VI.4. Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form, such as Credit or Debit Card (VISA, MasterCard) or via PayPal. Under no circumstance will costs that are higher than those effectively incurred by D2Line be charged, in relation to your previously selected payment method.
VI.5. In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to First Investment Bank AD (Fibank, www.fibank.bg) and the Fibank-provided remote electronic payment services (virtual POS terminal), without third parties having any access thereto whatsoever. Such details will not be used by D2Line except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police.
VI.6. Under no circumstances and at no stage of the payment process, the details of the credit card of Consumer will be disclosed to D2Line because such details will be directly sent, in a secure manner, to the website of the financial institution in charge of the transaction. Since none of such data will be stored in D2LINE’s files, D2LINE will not be liable for fraudulent and unlawful uses, if any, made by third parties of the Consumer’s credit card during the payment procedure.
VI.7. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the Checkout Section, will be charged to the Consumer’s account upon completion of the order.
VI.8. In the event the Customer is located outside the EU he/she might be entitled to reduction in the VAT or VAT exemption. The Customer shall receive the VAT reduction/exemption provided that he/she presents the Tax Refund application within 3 months of the purchase and the documentation required by the applicable laws, including:
· Copy of Order Confirmation and Shipping Confirmation with custom stamp certifying the export of the Products purchased from the European Union;
· Copy of Valid Client ID Card certifying that the Client resides outside the European Union.
V. DELIVERY OF THE PRODUCTS AND RELEVANT EXPENSES
V.1. D2Line, its suppliers and its logistics service providers shall deliver the products purchased by Consumer at the address indicated by the latter in the Order, at the cost specifically indicated in the Website at the Checkout section before the Order is confirmed.
V.2. The purchased products shall be delivered by DHL Express (‘the Courier’). Delivery charges shall be borne by D2Line provided that the Consumer opts for standard delivery.
V.3. Within the meaning of these General Conditions “standard delivery” shall mean the DHL Express Worldwide service. All delivery times are specified at https://www.dhl.bg/en/express.html and can be tracked using the DHL tracking number provided by DHL after order confirmation.
V.4. Should the consumer exercise his/her right of withdraw from the contracts D2Line shall reimburse the delivery costs only up to the standard delivery option costs; the difference between the standard delivery costs and the amounts paid for a premium delivery, if any, shall remain at the expense of the Consumer.
V.5. The purchased products shall be delivered on working days (thus excl. Saturdays, Sundays and local or national holidays) within 2 to 5 working days and in any case no later than 30 (thirty) days from the confirmation of the order, except if a Force Majeure Event occurs.
V.6. If the purchased products have not been delivered within the deadline above, the Consumer may email D2Line at firstname.lastname@example.org stating the delay and requesting delivery within an additional deadline of 7 calendar days – unless another additional deadline is specified by the applicable laws.
V.7. In case the purchased products have not been delivered within the additional deadline – absent a Force Majeure Event – the Consumer shall be entitled to terminate the contract and receive a full refund of any sums paid with regards to the order in question.
V.8. To confirm the delivery of the products, the Consumer shall sign the relevant receipt provided to him, having checked that:
· the number of items delivered corresponds to the number indicated in the bill of parcels.
· the packaging is intact, not damaged or wet, and, in any case, unaltered, including the sealing material.
V.10. Any damage detected in the packaging and/or the product, and any discrepancy found in the number of items or in the indications contained in the bill of parcels, should be immediately reported in the bill of parcel to be returned to the courier.
V.11. Any problem concerning the integrity of the products received, their number and completeness should be reported with no delay from the relevant delivery in order to allow D2Line to proceed with the necessary verifications.
V.12. The risk of loss or damage to the products shall pass to the Consumer once the Consumer or a third party indicated by the Consumer other that the Currier has acquired physical possession of the products.
V.13. Ownership of the products shall only pass when the Consumer has fully paid the price due for the products, including delivery charges.
VI. RETURN POLICY
VI.1. Under the applicable EU consumer protection laws Consumers are entitled to withdraw from/cancel the contracts for any reason, without penalty and without the need to give any explanation, within 14 (fourteen) calendar days from the date of delivery of the products. Rules and conditions under which Consumers may exercise their right of withdrawal from the contracts are provided in the D2Line Return Policy .
VII. LEGAL GUARANTEE OF CONFORMITY
VII.1. The applicable consumer protection laws in the EU member state of establishment of the consumer provide for a legal guarantee of conformity of the products sold by D2Line of 2 years from the date of delivery.
VII.2. We shall be liable to the Consumer for any lack of conformity that exists at the time the product is delivered and that becomes apparent within 2 (two) years of the delivery.
VII.3. At the time of delivery, the Consumer is required to check the product in order to ascertain that it conforms to the order placed on the Website and that it does not show any defects.
VII.4. The Consumer shall inform D2Line of the existence of any such lack of conformity without undue delay but no later than 1 (one) year from the day the lack of conformity was detected, although that period cannot expire before the end of the above mentioned 2 (two) years period.
VII.5. Unless proved otherwise, any lack of conformity which becomes apparent within 6 (six) months of delivery of the product shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
VII.6. The Consumer may choose between having the product repaired or replaced, in either case free of charge, unless this is impossible or disproportionate.
VII.7. To benefit from the guarantee, Consumer must be able to show when the product was purchased.
VII.8. We shall replace or refund any non-conforming products sold by Us insofar as conditions provided that the product has been used correctly, in compliance with its intended purpose and in accordance with the use and washing instructions contained in and/or furnished with the product.
VII.9. Any claims for lack of conformity, complaints or inquiries may be submitted to email@example.com or by writing to No.301 Saedinenie Street, Lozen, Capital Municipality, Sofia City Province, Bulgaria.
VIII. EVENTS OUTSIDE OUR CONTROL
VIII.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contracts and these general conditions that is caused by events outside our reasonable control (below “Force Majeure Event”).
VIII.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
· Strikes, lock-outs or other industrial action.
· Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
· Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
· Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
· Impossibility of the use of public or private telecommunications networks.
· The acts, decrees, legislation, regulations or restrictions of any government.
VIII.3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
IX.1. If any of these General Conditions of Sale or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
X. TERMS AND APPLICABLE LAWS
X.1. All terms used herein and their derivatives shall be interpreted in compliance with the applicable laws unless not explicitly specified otherwise above.
X.2. The distance sale contracts concluded by and between the Trader and the Consumers and any integral to them, including these General Conditions of Sale, are governed by the laws applicable in the territory of the Republic of Bulgaria, without giving effect to the conflicts of law provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods (CISG).
X.3. Any dispute that may arise out of or in relation to the agreement shall be submitted to the competent court of the place where Consumer resides. However, the protection afforded to the Consumer by provisions that cannot be derogated from by agreement by virtue of the law applicable at the place where the Consumer is domiciled remain unaffected.
X.4. Any dispute that may arise out of these Conditions may also be settled through the European Commission Online Dispute Resolution website http://ec.europa.eu/odr dedicated to helping consumers and traders resolve their disputes out-of-court, including cross-border disputes.
XIII. FINAL PROVISIONS
XIII.1. These General Conditions of Sale come into force on September 2nd, 2019.
XIII.2. The Conditions are valid indefinitely throughout the period of the online store’s operation.
XIII.3. These General Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Conditions of Sale shall be effective as of the date of publication on the Website.
XIII.4. In any case the new General Conditions of Sale will be applied only to the Orders filled after the date of publication. The previous Orders and relevant purchases will be ruled by the relevant past versions of the Conditions.
XIII.5. The amended General Conditions shall be notified to all registered users of the Website at the email addresses specified by them for communication and updates from D2Line.
XIII.6. These conditions have been drawn up in the English language. To find a version of these conditions translated to another language, please select one of the buttons below.