The following Тerms and Conditions (hereinafter 'T&Cs') apply between you and ‘DESIRES’ Ltd., Bulgaria (hereinafter 'DESIRES', 'DESIRES Online Store' or 'we/us'). The T&Cs (together with the documents referred to on this page) describe the terms and conditions under which DESIRES offers all products ('Products') listed on our Website www.29DESIRES.com (our Website).
Please read these T&Cs carefully before you order any Product or start using our Website.
We suggest you print a copy of these T&Cs and retain it for your records.
1. Information About Us
The Website www.29DESIRES.com is operated by 'DESIRES’ Ltd., which is registered under the Laws of Republic of Bulgaria, entered with the Commercial Register at the Registry Agency with UIC: 201771378, having its seat and registered address at 3 ‘Podofitzer Georgi Kotov’ Str., Plovdiv, represented by its Manager Vladimir Yotev. VAT number BG201771378.
2. Service Availability. Languages
2.1. We currently deliver to the countries within the European Union, Norway, Switzerland, USA and Canada ('Serviced Countries').
2.2. The www.29DESIRES.com
2.3. Any contracts for the purchase of Products through our Website and all communications between us will be in English language. Ordering a Product and/or using this Website indicates that you accept to communicate with us in that language.
3. Your Status
By placing an order through our Website, you warrant and confirm that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old; and,
(c) You are resident in one of the Serviced Countries.
4. Formation of Contract
4.1. Our product presentation in the DESIRES Online Store solely represents a non-binding invitation to you to purchase Products from us.
4.2. By placing an order on the Website, you submit a binding offer to conclude a contract with us and to buy a Product.
4.2.1. After placing an order on the Website, which means after:
(a) selecting the Products you wish to purchase (incl. size, color, quantity, etc.),
(b) providing delivery address and/or additional data,
(c) providing your payment details, and
(d) confirming those steps,
you will receive an e-mail from us (sent to the email address that you have provided when placing your order) acknowledging that we have received your order ('Order Acknowledgement'); you will also receive an e-invoice.
Please note that this acknowledgement does not mean that your order has been accepted, it merely confirms that the order has been received and that the order is being 'processed'.
4.2.2. At this stage, payment will also be conducted. We will not process your order and no Product will be shipped until payment has been made in full and your details have been verified by any third party payment facilitator. Please note, that executing payment from your card does not indicate acceptance. While your card may be debited before the contract is formed, if your order is ultimately rejected, a full reimbursement will be made.
4.3. All orders are subject to availability and acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been 'shipped' to you (the 'Shipping Confirmation').
4.3.1. While processing your order, we will inform you by e-mail in case we determine that the Product you have ordered is not available. No contract is concluded if the Product is not available.
4.4. The contract between you and us ('Contract') will only be formed when we send you the Shipping Confirmation and will only relate to those Products which shipment we have confirmed in the Shipping Confirmation.
4.5. We do not store the Contract's text. The details about your orders can be found in the order history in your account profile ('My account'). In addition, you can find the T&Cs on our Website at any time.
4.6. If you make a mistake while placing an order, you may be able to correct such mistakes before confirming your order. If you have already confirmed and your order has been processed, you will be unable to amend your order. If the Products have already been shipped, please return the Products to us in accordance with our Returns Policy.
4.7. We are entitled to refuse any order made by you for any reason.
4.8. When making an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the card used to make the payment and that there are sufficient funds to cover the price of the Products and the delivery. It is your responsibility to inform us of any changes to these details as soon as possible.
4.9. If you purchase multiple Products with one order to be delivered to the same address, the Contract shall cover all the Products in that order. If you order Products to be delivered to different delivery addresses, there shall be a separate Contract in place in respect of each delivery address and each Contract shall cover all the Products being delivered to that address.
5.1. Your order will be fulfilled within the terms indicated in our Delivery Conditions and Costs, unless there are exceptional circumstances.
5.2. Please note that we do not offer weekend deliveries and deliveries on official holidays.
5.3. A signature may not always be required for delivery and if there is no one available to take delivery our carriers may attempt to leave it with a neighbour or in a safe, secure location. A card may be left to advise this to you, or to confirm that the parcel has been returned to the local depot. You can then contact them to arrange collection or to schedule a new delivery date.
5.4. As the Products will be shipped per air mail, we will not able to offer you a 'tracking your order' option.
6. Risk And Title
6.1. The Products will be at your risk from the time of delivery.
6.1.1. If you have special requests regarding shipment via other postal/courier service or company, the risk shall be transferred to you when the Products are shipped to the other postal/courier service or company. In this case, you assumes risk from the time the Products leaves the 'DESIRES’ Ltd. warehouse.
6.2. Ownership of the Products will only pass to you from the time of delivery.
6.3. Risk in relation to Products being returned to us passes from you to us once you have sent back the returned Products and provided us with proof of postage of the Products in question.
7. Price And Payment
7.1. All prices payable for the Products are displayed on our Website in Euro, but you will be charged in your local currency. The final price is determined by the current exchange rate at the time of your order. Your bank card company may also apply charges your transaction.
7.2. The prices payable for the Products and shown on our Website are inclusive of the current Bulgarian VAT rate, presently at 20%. Delivery charges are shown on our Delivery Conditions and Costs page, as well as in the e-invoice after ordering, and shall also be paid in advance.
7.2.1. Products may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. You may contact your local customs office for further information before placing your order.
7.2.2. Please also note that you shall comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
7.3. Prices are subject to change at any time without notice, but changes will not affect orders for which you have already received a Shipping Confirmation.
7.5. Despite our best efforts, occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information, refuse to accept orders or cancel contracts if any information on the Website is inaccurate at any time without prior notice. Where a Product's correct price is less than our stated price, we will charge the lower amount when shipping the Product to you. If a Product's correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before shipping the Product or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at an incorrect (lower) price, even after we have sent you a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
8. Right Of Withdrawal
8.1. You have the right to withdraw from the Contract, or withdraw your offer to purchase the Products as applicable, within 14 days without giving any reason.
8.1.1. The withdrawal period will expire after 14 calendar days ('cooling-off period') from the day on which you, or a third party indicated by you, receive the Products which are subject to the Contract.
8.2. To exercise the right of withdrawal, you must notify us in writing within the 14-day cooling-off period and return all the Products in the same condition that you received them.
8.3. For the purpose of notification under Art. 8.2. you may either:
(a) electronically fill in and submit the model cancellation form set out on our Website; or
(b) send any other unequivocal statement setting out your decision to withdraw from the Contract to our e-mail address email@example.com
8.3.1. We will communicate to you an acknowledgement of receipt of such a withdrawal by e-mail without delay.
8.4. If you withdraw from the Contract, we shall reimburse you the price paid for the Products and the original delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than 14 days from the day on which we are informed about your decision to withdraw from the Contract.
8.4.1. We reserve the right to withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
8.4.2. Since we will usually carry out all reimbursements via bank transfer, you should specify the account number, name and address of the bank, account holder's name.
8.4.3. For the avoidance of doubt, we are unable to reimburse you any other costs, incl. customs duties and sales taxes for orders sent to destinations outside of the EU.
8.5. You shall bear the direct costs of returning the Product(s).
8.6. The right of withdrawal does not exist for Products that are made for you according to your individual specifications or that are personalised.
9. Defective Products
9.1. We make every effort to carefully and closely examine each Product before it is prepared for shipping. However, if you receive a defective Product and would like a reimbursement (refund), please contact us at firstname.lastname@example.org
9.2. Please return the Product to us following our Returns Policy.
9.3. All returns for defective Products will be examined once they have been received by us and we will notify you of your reimbursement via e-mail within a reasonable period of time. Products which are damaged as a result of wear and tear cannot be considered faulty.
9.4. If the Product is deffective, we shall reimburse you the price paid for the Product and the original delivery costs. For the avoidance of doubt, we are unable to reimburse you any customs duties and sales taxes for orders sent to destinations outside of the EU.
9.5. We will usually process the reimbursement due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a reimbursement for the defective Product (including a reimbursement for the original delivery costs for sending the Product to you and the cost incurred by you in returning the Product to us). However, if there is more than the returned defective Product in the same order, the original delivery costs will not be reimbursed.
9.5.1. Since we will usually carry out all reimbursements via bank transfer, you should specify the account number, name and address of the bank, account holder's name.
9.6. For the avoidance of doubt, our obligation for reimbursement does not apply if the returned Products are determined to have been used, worn, washed or damaged, or the tag (or any one of the tags) has been removed, broken or damaged.
10. Returns Policy
10.1. If you withdraw from the Contract, you shall return to us all the Products that were covered by the order. You have a legal obligation to keep the Products in your possession until you return them to us, and to take reasonable care of the Products while they are in your possession.
10.2. You shall return the Products:
(a) without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the Contract to us;
(b) with any original tags, labels and hygiene seals still attached;
(c) with the product packaging and documents in the same condition as when you received the Product;
(d) using the return address mailing label enclosed with the Products; and
(e) providing us with evidence of having sent back the Products (e.g. e-mailng us the certificate of posting from the post office as proof of postage).
10.2.1. We strongly recommend that you return the Produtcs by recorded delivery mail and keep a copy of the certificate of posting as proof of postage. Please do not post the Products through the post box without obtaining a certificate of posting.
10.3. If you do not meet the return requirements under Art. 10.2., we may claim a compensation from you; we also retain the right to arrange for collection of the Product(s) at your own cost in the event that you have not returned the Product(s) within 14 days of communicating your withdrawal from the Contract to us; if the returned Products are determined to have been used, worn, washed or damaged, or the tag (or any one of the tags) has been removed, broken or damaged, we may refuse reimbursement.
10.4. If you return Product(s) because of a claimed defect or because you want an exchange, or because of any reason which could arise under the Contract, you shall follow the same procedure as stated in Art. 10.1.-10.3. which applies relevantly.
10.4.1. For the avoidance of doubt, in respect of this Art. 10.4. if you only return some of the Products in any delivery package (parcel) and want a reimbursement, you will not be entitled to reimbursement for the delivery costs as our delivery costs are charged at a flat rate and not by weight.
11.1. If you would like to exchange a Product that is not deffective for another Product offered on our Website, please contact us at email@example.com within 14 days from the day on which you receive the original Product, stating the reason for exchanging and details about the new Product.
11.2. You shall return the original Product with accordance with our Returns Policy.
11.3. The new Product (if available) will be shipped to you once the original Product has been received by us provided that the conditions below are met. We will notify you of your new shippment via e-mail.
11.4.1. If the price of the new Product is less, we will reimburse you the difference.
11.4.2. If the price of the new Product is higher, we will charge you for the difference. Please note that in this case the new Product will not be shipped until payment has been made in full.
11.5. You shall bear the direct costs of returning the original Product as well as the delivery costs for the new Product.
11.6. For the avoidance of doubt, any original Product cannot be exchanged if it has been used, worn, washed or damaged, or the tag (or any one of the tags) has been removed, broken or damaged.
12. Our Liability
12.1. Subject to any specific warranties offered in relation to specific Products or those implied by law, we do not offer any guarantees or warrantees in relation to the Product(s).
12.2. If we do not deliver or if the Products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option, to:
(a) make good any shortage or non-delivery or incorrect delivery; or
(b) replace or repair any Products that are defective (replacements can only be for the same Product in the same size if available); or
(c) reimburse you the amount paid by you for the Products in question.
12.3. In the light of the foregoing, we are only liable for losses you suffer as a result of us breaching these T&Cs, which is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these T&Cs.
12.3.1. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
12.4. In any event, we shall have no liability to you for any consequential, special or indirect losses of any nature and howsoever arising (including, but not limited to, loss of revenues, profits, contracts, business or anticipated savings, damage to or loss of goodwill, reputation or data). This does not include or limit our liability for any matter for death or personal injury due to our gross negligence or any liability which is due to our fraud or any other liability which we are not permitted to exclude or limit as a matter of law.
13. Events Outside Our Control
13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these T&Cs and/or the Contract that is caused by events outside our reasonable control ('Force Majeure Event').
13.2. 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, regulations, restrictions or any legislation of any government/country.
13.3. Our performance under these T&Cs or 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.
14. Waiver And Rights Of Third Parties
14.1. If we fail, at any time during the term of any Contract, to insist upon strict performance of any of your obligations under the Contract or these T&Cs, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these T&Cs, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3. No waiver by us of any of these T&Cs shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section 18 below.
14.4. The Contract between you and us is binding on you and us and on our respective successors and assigns.
14.5. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.6. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Intellectual Property Rights
15.1. All and any Intellectual Property Rights in connection with the Products and/or the Website shall be owned by us absolutely or by affiliated companies, licensees and/or content providers.
15.1.1. All of the contents of the Website is protected by the relevant copyright and other laws. It may only be used with our express consent.
15.1.2. All trademarks used on the Website are our trademarks provided nothing to the contrary is stated. They may not be used without our prior written approval.
15.2. We reserve the right to monitor any usage of our Website and/or the materials published on it and take appropriate action against any person who we believe to be contravening our Intellectual Property Rights.
You agree to indemnify, defend, and hold harmless 'DESIRES' Ltd., its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these T&Cs or the Contract, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
17. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
18.1. All notices given by you to us shall be made to us at firstname.lastname@example.org or at our postal address.
18.2. We may give notice to you at the e-mail or postal address you provide to us when placing an order. Notices will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post, and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
If any of these T&Cs or any provisions of the Contract are determined 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.
20. Entire agreement
20.1. These T&Cs and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2. We and you acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these T&Cs.
20.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these T&Cs.
21. Changes To These T&Cs
21.1. We have the right to revise and amend these T&Cs from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which we may decide.
21.2. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Shipping Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions).
22. Law And Jurisdiction
22.1. Contracts for the purchase of Products through our Website as well as any issues related to these T&Cs or any issues unsettled in the Contracts/these T&Cs, and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed and settled in compliance with the laws of Republic of Bulgaria.
22.2. Any dispute or claim arising out of or in connection with contracts for the purchase of Products through our Website or their formation, execution, interpretation and application, or in connection with these T&Cs, including non-contractual disputes or claims, shall be subject to the exclusive jurisdiction of the Bulgarian Courts.