1.1. Please read in detail the conditions described below (hereinafter referred to as the "General Terms"), as they are intended to regulate the relationship between "B and J. DIAMOND JEWELERY" Ltd. (hereinafter referred to as the "Supplier") and the Customers of the electronic shop https://bj-diamonds.com.
1.2. These General Terms and Conditions describe all the rules for using the web platform BJ-DIAMONDS. After clicking on the button "I agree with the General Terms of BJ-DIAMONDS“Clients agree and undertake to comply with these General Terms and Conditions. In case of disagreement with them, the Clients cannot use the platform BJ-DIAMONDS.
1.3. The web platform BJ-DIAMONDS, available at the following e-mail address: https://bj-diamonds.com, provides information about goods offered by the Supplier, as well as the ability to order and pay for goods online, the ability to regularly send up-to-date information about new and attractive products and planned events.
2.1. In interpreting and applying these General Terms and Conditions, the terms and expressions used have the following meanings:
- Web Platform BJ-DIAMONDS.COM is a dedicated place in the global network, accessible through its unified e-mail address https://bj-diamonds.com;
- Supplier of goods and / or Supplier е B&J DIAMOND JEWELERY LTD, UIC 101786728, registered office and address of management: Blagoevgrad 2700, zh.k. "WEST", bl. 12, fl. 6, ap. 16, internet address https://bj-diamonds.com, represented by the manager Blagorodna Duharska; contact phone: 0032 473 922 681, contact email: email@example.com, address of activity: Vega Hotel, Dr. GM Dimitrov ”75, Sofia 1700, VAT registration: BG101786728, address for sending complaints from users and for correspondence with the Provider: Blagoevgrad 2700, zh.k. "WEST", bl. 12, fl. 6, ap. 16.
- Order goods - concluding through this platform a contract for distance selling with the subject of the contract movable property (goods / product) - a product of precious metals and / or one with precious stones (jewelry, etc.);
- Customer - a natural or legal person placing an order through the platform.
- Client registration
3.1. The functionalities of the platform allow you to place an order without registration and without creating a user profile.
- Concluding a contract, storage, technical steps
4.1. In case of a choice for ordering a certain product, offered through the platform, a distance contract should be concluded between the Customer and the Supplier with a subject - the product selected by the Customer. The Contract is concluded in Bulgarian and is stored in the database of the Provider, as the Client has permanent access to the text of these General Terms and Conditions on the website of the platform. The customer has the right to correct the entered data until the finalization of the order.
4.2. The contract is concluded according to the following procedure:
4.2.1. Execution by the Client of an order for the selected goods in accordance with Section VIII. below. Within this process, the Client should explicitly accept these General Terms and Conditions;
4.2.2. Receipt by the Client of a notification made and accepted order, representing a confirmation of a concluded contract, the latter being sent to the e-mail specified by the Client during the order, after a telephone conversation between the Provider (or his representative) and the Client (or his representative - applicable for Clients legal entities), within which confirmation of the data provided by the Client when placing an order is required.
- Obligations of the Provider
5.1. The provider is obliged to make efforts to maintain the current web platform.
5.2. The supplier should provide true, complete and reliable information about the goods offered.
5.3. The Provider is obliged to comply with the measures provided for in the legislation and in these General Terms and Conditions for protection of the personal data of the Clients.
5.4. The Supplier shall deliver the goods - subject of an order made by the Customer, in accordance with the requirements of the applicable legislation and provided in these General Terms.
5.5. The Provider is not entitled to set requirements for the authorized holder of the bank card regarding the minimum amount for the purchase of goods as a condition for payment with the bank card.
- Obligations of the Client
6.1. In the process of placing an order through the platform, the Client agrees and undertakes to comply with the applicable requirements of Bulgarian law, these General Terms and Conditions, the rules of ethics and morals.
6.2. When using the platform, the Client undertakes not to infringe other people's property or non-property rights, including intellectual property rights.
6.3. Except as expressly agreed, the Client may not reproduce, modify, delete, publish, distribute and otherwise disclose information resources, materials, photos, logos and others published on the website of the web platform.
6.4. When the Customer exercises the right to withdraw (subject to the provisions of Section IX of these General Terms and Conditions) from the contract for the order of goods, the Customer must return the ordered goods in compliance with these General Terms.
6.5. The Customer must inspect the goods as soon as possible after delivery and delivery and if it does not meet the requirements - to notify the Supplier immediately in accordance with these General Terms. In case of lack of notification under this article, it is considered that the goods are approved by the Customer and meet the requirements at the time of delivery.
- Providing additional information from external sources
7.1. It is possible to place links to external websites in the platform. These links are provided to help Customers more easily and quickly find certain additional information.
7.2. The provider is not responsible for the accuracy and timeliness of the information contained in external websites, as well as for any type of change in the information on these websites, undertaken by its operator or due to technical or other reasons.
7.3. The Provider is not liable for damages incurred as a result of actions taken by Customers based on the use of information published on external websites.
- Order goods
8.1. The order of goods is carried out according to the following procedure:
8.1.1. Selection of a specific product with indication of type and number, which are automatically credited to the Customer's Shopping Cart;
8.1.2. Entering data of the Client, namely: two names, address, telephone number, e-mail address;
8.1.3. Choice of delivery method according to the possibilities provided on the web platform and indication of a full delivery address;
8.1.4. Choice of method and moment of payment, according to the possibilities provided on the web platform;
8.1.5. Acceptance of the General Terms and Conditions of the platform;
8.1.6. Review and finalization of the order. The Client has the right to correct mistakes when entering information in the order process until the moment of sending the statement for concluding the contract to the Provider (pressing the button for finalizing the order).
8.1.7. Conducting a telephone conversation between the Provider (or its representative) and the Client (or its representative - applicable to Clients legal entities), within which confirmation of the data provided by the Client when placing an order is required. The discussion on this item is as follows:
126.96.36.199. For orders placed by 10:00 on the respective day: within the same day, by 18:00;
188.8.131.52. For orders placed after 10:00 on the respective day: until 18:00 on the day following the day on which the order was placed;
184.108.40.206. For orders placed on weekends and / or absent days, as well as on days declared national holidays: until 18:00 on the first working day.
8.1.8. The contract for the sale of the goods is considered concluded and enters into force upon receipt by the Customer of a confirmation from the Supplier, sent by email, for an accepted order. The confirmation is sent after a telephone conversation between the Provider (or his representative) and the Client (or his representative - applicable to Clients legal entities) according to the previous point.
8.2. Terms and way of delivery of products:
8.2.1. After selecting the desired product, the customer can find the terms and methods of delivery of the product in his shopping cart.
8.2.2. The Client confirms the method of delivery according to the methods provided in the platform, namely: through DHL EXPRESS BULGARIA EOOD or ECONT EXPRESS EOOD, to an address specified by the Client and within a delivery period of up to 10 days from the date of order confirmation . The delivery is made free of charge (the Client is not charged additional amounts due, beyond the value of the product) and after insurance of the goods - subject of delivery (only for DHL EXPRESS BULGARIA EOOD, when the payment is by bank transfer), which is at the expense of B&J DIAMOND JEWELRY LTD.
8.2.3. Before paying the value of the product and its delivery, the Customer must confirm that he is familiar with the terms of delivery described in these General Terms and Conditions, and for this purpose the screen displays the price of the goods, delivery price (including insurance) and total due price.
8.3. Terms and method of payment of products:
8.3.1. The customer is obliged to pay for the selected product within the order process and in the ways provided in this platform: cash on delivery (for orders up to BGN 500) or by card payment (by cards issued by BORICA, Visa и MasterCard) .е4рт5ъерх In the process of payment by card, the Client should enter the data of the respective bank card (card type, number, validity period, CVV2 / СВС2 code and authentication password), and in this connection it should be borne in mind that the Provider has implemented EMV. 3D Secure (for cards issued as 3D secure and when necessary, the payment module will automatically transfer the Client to the system for additional identification of the card issuing bank).
8.3.2. Payment is made before finalizing the custom process.
8.3.3. The prices of the goods listed on the site are indicated in Bulgarian levs, refer to a unit of goods and are final prices (including VAT). The Supplier reserves the right to change prices without prior notice to customers.
8.4. The Supplier is responsible for the safety and quality of the offered goods, for any type of full, partial or poor (poor quality) performance, as well as for any culpable non-performance of its obligations provided in these General Terms and Conditions or by law.
8.5. In case of non-compliance of the delivered goods with the ordered one, the Customer, possessing the quality of a "consumer" within the meaning of the CPA, has the right to file a complaint, asking the Supplier to bring the goods in accordance with the sales contract subject to the following conditions:
8.5.1. The client has the right to indicate the preferred way to satisfy the complaint, taking into account the possibilities provided in the CPA.
8.5.2. The right under this item 8.5. is exercised by the Customer within 2 (two) years from the delivery of the goods, but not later than 2 (two) months from the establishment of non-compliance with the contract - orally at the site where the Supplier operates by sending written notification to the official address for correspondence of the Provider or by means of a notification sent to the email for correspondence of the Provider. Regardless of the chosen way of filing the complaint, the Client must enclose or submit the documents on which his claim is based.
8.5.3. The Supplier brings the goods in compliance within one month from the filing of the complaint by the Customer.
8.5.4. The Client does not owe any costs to the Provider for the compliance.
8.5.5. For all unsettled by this item 8.5. conditions, the provisions for exercising the right of claim under the CPA shall apply.
8.5.6. In addition to the provisions of this paragraph 8.5. The Provider grants in favor of the Client rights arising from a commercial guarantee as follows:
220.127.116.11. The product is provided accompanied by a special packaging for carrying and storage, as well as a Certificate of Identity and Quality, which certifies its quality and origin and provided in the original serves as a warranty card for the product.
18.104.22.168. The initial moment of validity of the guarantee is from the moment of receipt of the product, and the guarantee has a validity period of 12 months.
22.214.171.124. The warranty covers the integrity of the diamond and the stability of its gold grip, as well as the rest of the gold part of the product. The warranty does not include elements of the product that are not gold (ribbons, silk thread), for which an explicit explanation will be made in what period they can be renewed by "B and J. DIAMOND JEWELRY" Ltd.
126.96.36.199. The rights under the commercial guarantee cannot be exercised in case of: damages caused by poor transport, storage or improper operation; attempt for repair by the Client and / or other unauthorized person; when using low-quality and non-original consumables.
8.6. In case of non-compliance of the ordered goods, the Customer, who does not have the quality of "consumer" within the meaning of the CPA, has the right to file a claim for defects and / or non-compliance of the ordered goods, the following rules apply:
8.6.1. The right under this item 8.6. is exercised immediately after establishing the non-compliance and / or defect - by sending a written notice to the official address for correspondence of the Provider or by means of a notification sent to the e-mail for correspondence of the Provider. Regardless of the chosen way of filing the complaint, the Client must enclose the documents on which his claim is based.
8.6.2. In case the claim is justified, the Supplier shall bring the goods in compliance within one month from the filing of the claim by the Customer.
8.6.3. The Client does not owe any costs to the Provider for the compliance.
8.6.4. For all unsettled by this item 8.6. conditions, the provisions of the Bulgarian commercial legislation shall apply.
8.7. Each product ordered through the platform is delivered accompanied by a Certificate of Identity and Quality issued by the Supplier. By accepting these General Terms and Conditions, the Customer is deemed to have been notified of the significance of this Certificate, which should accompany the goods at any time upon delivery, including but not limited to exercising the right of claim, right of commercial guarantee, right of withdrawal. from a contract and so on.
- Right to withdraw from a distance contract through the Web platform
9.1. This Section IX applies when exercising the right to withdraw from a contract through the platform (distance contract within the meaning of Chapter IV, Section I of the Consumer Protection Act), under which the Client is a natural person holding the status of "consumer" within the meaning of Consumer Protection Act. When exercising the right of withdrawal, the Client does not indicate a reason for the refusal, does not owe compensation or penalties to the Provider.
9.2. The right to refuse ordered goods shall be exercised in accordance with the Bulgarian legislation, as well as in compliance with the provisions of this Section IX.
9.3. In case the Customer withdraws from the contract for ordering goods, he exercises the right of withdrawal by sending the message to the Supplier. The sending of the message is done by filling in an electronic version of the form available on the platform, which is filled in by the Client and sent by pressing the "Send" button. A standard waiver form can be downloaded from here. The right of withdrawal may also be exercised in another way, chosen by the Client, namely: by sending a written notice to the official address for correspondence of the Provider or by means of a notification sent to the email for correspondence of the Provider. After receiving the notification for exercising the right of withdrawal, the Provider sends by e-mail to the Client a confirmation of the received notification.
9.4. The right of withdrawal may be exercised within 14 days from the receipt of the goods by the Customer or by a third party other than the carrier and specified by the Customer, or:
9.4.1. in case of simultaneous order of several goods, which are delivered separately - as of the date on which the Client or a third party, other than the carrier and indicated by the Client, accepts the last goods;
9.4.2. in case of delivery of goods, which consists of multiple lots or parts - as of the date on which the Customer or a third party other than the carrier and specified by the Customer, accepts the last batch or part;
9.4.3. in case of contracts for regular delivery of goods, which is carried out during a certain period of time - from the date on which the Customer or a third party other than the carrier and specified by the Customer, accepts the first goods.
9.5. In case the Customer exercises the right to withdraw from the contract for the purchase of goods and within 14 days from the notification of the Supplier of the refusal, the Customer is obliged to return the latter to the Supplier in the form and packaging with which the goods were originally delivered, accompanied by the provided Certificate of Identity and Quality. The customer is obliged to take due care of the storage of the goods and the use of packaging that preserves its consumer value. The Client is liable to the Provider for the damages that have occurred for the latter as a result of non-fulfillment of this obligation.
9.6. The customer pays the direct costs for the return of the goods, namely the costs for return delivery and insurance of the shipment. The usual way to return the goods is through DHL EXPRESS BULGARIA EOOD or another postal operator selected by the Client to the address: Vega Hotel, Dr. GM Dimitrov ”75, Sofia 1700 for“ B&J DIAMOND JEWELRY ”Ltd. The delivery is made after insurance of the goods - subject of delivery, which is at the expense of the Client.
9.7. In case the returned goods are not reduced in value, as well as if they are accompanied by the provided Certificate of Identity and Quality, the Supplier has an obligation to return the price paid by the Customer, including the initial delivery costs. Where possible, the Provider pays the price paid according to the method of payment initially chosen by the Customer. The price is refunded by the Provider by bank transfer, by ordering a reverse operation on the card with which the payment was made, for which it is assumed that the Client expresses his desire and consent if he has filled in information about a bank account in the statement for exercising the right of withdrawal. Payment is made within 14 days of receipt by the Supplier of the notice of exercise of the right of withdrawal, but not earlier than receipt of the returned product, or the presentation of proof that the Customer has sent the goods back (depending on which of the two has happened before).
- Intellectual Property
10.1. All components of the content of the Platform, including text, drawings, graphics, sketches, photos, designs, videos, software programs, etc., are subject to copyright within the meaning of the Copyright and Related Rights Act and are the property of the Provider and / or its partners, Clients, provided for publication the relevant materials.
- protection of personal data
11.2. In case the Client has voluntarily subscribed for the newsletter or for another form of marketing activity (sending notifications for organized events, etc.), the Provider has the right to send him a newsletter or the relevant notification to the provided email address. The customer can at any time unsubscribe from receiving the relevant notifications by clicking on the link to unsubscribe from the newsletter / receive the relevant notification in the received email.
11.4. The supplier has implemented EMV 3D Secure, like the same does not have access to card data, as well as to the authentication data when paying by credit or debit card and in no way registers and / or stores them. The data is transmitted via a secure channel (using the HTTPS protocol), and the bank-issuer of the Client's card, the payment institution and the Bank organization for payment using cards in Bulgaria - Borika have access to them, respectively. They guarantee the security of the Client's data.
- Changes to the General Terms
12.1. The Provider may periodically make changes to the General Terms and Conditions. The Provider undertakes to notify the Clients of the changes within 7 days of their implementation by publishing a notice in a prominent and publicly accessible place on the Website of the Web Platform, as well as by individual email, and by accepting these General Terms Clients declare that accept the specified method of disclosure as duly performed.
12.2. The changes in the General Terms and Conditions are also binding on Customers whose orders have been placed before the change occurs. They have 1 month in which to make an explicit statement that they do not agree with the changes in the General Terms. In case the Client does not make an explicit statement of disagreement with the changes within the term under the first sentence, it is assumed that he accepts the changes and agrees with them.
- Changes and maintenance of the Platform
13.1. By accepting these General Terms and Conditions, the Client agrees that the Provider has the right to change the form and content of this web platform at any time, as well as to temporarily suspend its operation in order to renew the content or improve the functionality of the platform, and for other reasons of a technical nature - after prior notification of the Clients, made by means of a message, which is published on the title page of the platform.
14.1. These General Terms and Conditions and the contract between the Client and the Provider are terminated in the following cases:
14.1.1. Upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
14.1.2. By mutual consent of the parties in writing;
14.1.3. In case of objective impossibility of any of the parties to the contract to perform its obligations;
15.1. The Provider is not liable in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of the competent state authorities, which impede the fulfillment of its obligations under these General Terms. The provider is not responsible for the time during which the platform was not available due to force majeure. Force majeure is considered to be fire, flood, emergency, war, blockade, earthquake and any other manifestations, actions and / or events, the prevention, occurrence, suspension, management and failure of which is beyond the control of the Provider. Actions or acts of competent state bodies limiting the powers or functions of the Provider are also considered force majeure.
15.2. The Provider is not liable for damages caused by the Customer to third parties.
15.3. The Provider shall not be liable in case of concluding a contract of sale, providing access to information, loss or change of data resulting from false identification of a third party who presents himself as a Customer, if the circumstances can be judged that this person is the respective Client.
15.4. The customer is responsible for the reduced value of the goods caused by their testing, other than necessary to establish the nature, characteristics and proper functioning.
16.1. The General Terms and Conditions are subject to and must be interpreted in accordance with the legislation of the Republic of Bulgaria. The possible invalidity of any of the provisions of these General Terms and Conditions will not lead to the invalidity of the entire contract.
16.2. All disputes relating to or relating to this web platform, including disputes relating to or relating to the interpretation, invalidity, performance or termination, including disputes concerning the filling of gaps in contracts concluded through this web platform or the adaptation thereof to new circumstances, if the same have arisen between the Provider and Clients using the platform for the purposes of their commercial activity, will be through well-intentioned negotiations and mediation. If no agreement is reached within 30 days of receipt of the notification of a dispute, each party has the right to refer the dispute to the Arbitration Court to the Bulgarian Chamber of Commerce and Industry under the rules of the latter.
16.3. In case the disputes referred to in item 16.2. above arise between the Provider and Clients of the platform, having the quality "user" within the meaning of the Consumer Protection Act, the same will be resolved by the competent Bulgarian court.
16.4. At the initiative of the Provider or a Client holding the status of "consumer" within the meaning of the Consumer Protection Act, any dispute arising between them in connection with the concluded mediation contract may be referred to the conciliation commissions of the Consumer Protection Commission with address in Sofia, 4 A Slaveykov Square, fl. 3,4 and 6, contact phone: 02/933 0565, fax 02/9884218 and internet address: https://kzp.bg/ or using the Public Online Dispute Resolution Platform, available at the following Internet address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=BG
16.5. Control bodies monitoring compliance with these General Terms and Conditions are:
- Commission for Personal Data Protection with address in Sofia 1592, bul. „Prof. Tsvetan Lazarov ”№ 2, contact phone: 02 / 91-53-518, e-mail: firstname.lastname@example.org, Website: cpdp.bg.
- Commission for Consumer Protection with address in Sofia, 4A Slaveykov Square, 3rd, 4th and 6th floors, contact phone: 0700 111 22, e-mail: email@example.com, Website: www.kzp.bg
FORM behind exercise the right on failure from contract
(Appendix № 6 to Art. 47, para 1, item 8 and Art. 52, para 2 and 4, SG, issue 61 of 2014, in force from 25.07.2014)
Please, fill in и send the present the form only if you wish Yes ce refuse from contract behind sale from distance on goods
Please, read rights yours и conditions behind failure from contract behind sale from distance on goods or услуга в The general terms on Supplier
BEFORE: „B и JAY DIAMONDS JEWELERY Ltd., UIC 101786728, registered office and address of management: Blagoevgrad 2700, residential complex "WEST", bl. 12, fl. 6, ap. 16, internet address https://bj-diamonds.com, represented by the manager Noble Duharska; contact phone: 0032 473 922 681, contact email: firstname.lastname@example.org, address for correspondence: Blagoevgrad 2700, zh.k. "WEST", bl. 12, fl. 6, ap. 16
Fields marked with an asterisk (*) are required:
*FROM: ……………………………………………………………………………………………………………………… ..
/ the three names of the Client /
* Client's address: ………………………………………………………………………………………………….
* Customer's contact phone number: …………………………………………………………………………….
e-mail of the Client for contact: ………………………………………………………………………………… ..
I hereby inform you that I am withdrawing from the contract for distance purchase of the following product (s)
Order number of the product (s): ………………………………………………….
Fields marked with an asterisk (*) are required and shall be crossed out:
* Product name сто.
* Ordered on ……………………,
* Received on …………………. year, through a courier company …………………………………………… ..
I agree the amount I paid for the goods in the amount of ……………………. BGN to be translated for me:*
to a bank account in a bank …………………………………………………. with IBAN: ………………………. …………….
BIC: ……………………………. ………………,
account holder: ………………………………………………………
* The bank account information is filled in at the request of the Client and is accepted as an explicit statement that the amount to be refunded should be paid to the specified bank account as provided in the General Terms and Conditions of the Provider.
Date: ………………………………………… ..
/ three names written by the client himself only if this form is on paper /
Standard instructions for cancellation
- You have the right to cancel the contract concluded between you and the Supplier at a distance, without giving reasons, within 14 days from the date of receipt of the goods and in accordance with the General Terms of the Supplier.
- In order to exercise your right of withdrawal, you must notify us of your decision to withdraw from the contract with an unambiguous application as provided in the General Terms and Conditions of the Provider.
You can use the standard withdrawal form provided, but this is not required.
- In order to comply with the withdrawal period, it is sufficient to send your notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
- The Customer undertakes to store the goods received from the Supplier and to ensure the preservation of their quality and safety during the withdrawal period. The Supplier should receive the product with its original labels, without indications that the product has been used by the Customer, without being damaged or treated in any way and in compliance with all other conditions of the Consumer Protection Act, together with the cash register. note, goods receipt, product label and packaging.
- All conditions for exercising the right of withdrawal are described in detail in the General Terms and Conditions - section IX.