These terms and conditions of sale (referred below as the "TCS") are applicable exclusively to the online sale of products of the company Tita-FR Ltd (referred below as the "MERCHANT") on the e-commerce platform and on online store www.ameissy.com (referred below as the “WEBSITE”).
II. APPLICATION OF TCS
These TCS exclusively govern the online sales contracts of the “MERCHANT”, concluded with buyers (referred below as the “CUSTOMER”s) having the status of consumers on the e-commerce platform www.ameissy.com and with the online order these TCS constitutes the contractual documents enforceable against the parties (exceptions are all other documents, prospectuses, catalogs or photographs of the products which are only in"dicative). These Terms and Conditions of Sale apply to the usage of this "WEBSITE" and any sale between the "CUSTOMER" and the "MERCHANT" on the online store www.ameissy.com. The "MERCHANT" asks you to read these Terms and Conditions of Sale carefully before using the "WEBSITE". By placing an order on www.ameissy.com, the "CUSTOMER” declares to have read and accepted the Terms and Conditions of Sale prior to placing his order. Once the order has been validated, it has the value of approval of the Terms and Conditions of Sale by the "CUSTOMER".
III. CHARACTERISTICS OF THE "WEBSITE"
Ameissy.com is an electronic commerce platform, available on the Internet - www.ameissy.com. Through the platform, the "CUSTOMER" has the possibility of performing the following actions:
1. To register and create an account on the “MERCHANT”`s online store and use the additional services to obtain information;
2. To review the products, their characteristics, their prices and delivery conditions;
3. To conclude the purchase contracts with the "MERCHANT" after the "CUSTOMER" accepts the TCS and makes payment for the desired products on the "WEBSITE";
4. Make all payments under the contracts concluded with the platform www.ameissy.com via electronic methods of payment.
5. Receive information on new products offered by the "MERCHANT” on the online store www.ameissy.com;
6. Make electronic declarations concerning the conclusion or execution of sales contracts with the "MERCHANT" on the online store www.ameissy.com via the interface of the WEBSITE, available on the Internet;
7. Be informed of the rights resulting from the law, via the interface of the platform www.ameissy.com on the Internet;
8. Exercise your right of withdrawal.
IV. PRODUCTS AND PRICES
1. The products that you can find on the “WEBSITE” are governed by these TCS. The products are sold and shipped by TITA-FR Ltd or one of its service providers. They are presented on the “WEBSITE” with the greatest possible accuracy and offered within the limits of available stocks.
2. The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers when they are placed on the market.
3. The products comply with the requirements of the law of the European Union and the European Economic Community which come into effect at the time of their placing on the market.
4. The products are offered for sale and delivered within the limits of available stocks. In case of unavailability of the ordered product, the "MERCHANT" immediately informs the "CUSTOMER" and may offer him a product of equivalent quality and price or, if this does not acceptable for the two parties of the contract, the "MERCHANT" refunds the paid costs within 7 days.
5. The photographs illustrating the products do not constitute a contractual document.
6. The selling price of each product is indicated in euros on the respective product page of the "WEBSITE". These prices include taxes, duties and VAT for customers which delivery address is one of the following countries: European Union countries, Switzerland, UK, USA and Canada. For orders from other countries, customers should keep in mind that each country may have specific import requirements and the product price may be subject to additional taxes, duties and VAT, which the customer will have to pay at his/her expense. The announced prices on the product pages do not include delivery and shipping costs, which are calculated additionally before the validation of the order and are invoiced in addition to the product price.
7. The total amount due by the "CUSTOMER" is indicated on the order confirmation page after providing the delivery address, on the basis of which the shipping price is additionally calculated. Shipping costs are displayed separately from the order price and must be paid at the same time as ordering.
8. Any tax, duty, fee payable under foreign regulations (importing or transit country, etc.) remains the responsibility of the "CUSTOMER". Exceptions are the countries of the EU, Switzerland, UK, USA, Canada, where all taxes, duties and VAT are paid by the "MERCHANT".
1. To place an order, the “CUSTOMER”, after having added the selected products to his shopping cart indicating the desired quantities, then clicks on the “Check out” button and provides information about products’ delivery and the method of payment.
2. In order to validate her/his order, the "CUSTOMER" must accept these Terms & Conditionss by clicking on the indicated checkbox. She/he will have to indicate her/his address, choose a method of payment and then validate the payment. Confirmation of the order implies acceptance of the TCS and forms the sale contract between "MERCHANT" and "CUSTOMER".
3. An email acknowledging receipt of the order and its payment is sent by the "MERCHANT" as soon as possible.
4. Any modification of an order by the "CUSTOMER" after the confirmation of the order is subject to the prior acceptance of the "MERCHANT". The "MERCHANT" cannot guarantee the modification or cancellation of an order before confirmation of payment has arrived. The best way to try to modify or cancel an order is to send an email to email@example.com.
5. If the "MERCHANT" cannot perform the sales contract because the ordered products are not available on stock, he is obliged to inform the "CUSTOMER" and to make a full refund within 7 days.
6. The "MERCHANT" reserves the right to refuse any order for legitimate reasons and particularly if the order quantities are abnormally high for a standard consumers.
7. The sales contract is formed when the "CUSTOMER" sends and pays her/his order.
VI. AVAILABILITY AND ENFORCEMENT
1. These Terms and Conditions are available to consumers on the “MERCHANT” online store where the "CUSTOMER" can access them at any time.
2. The TCS enter into effect when the "CUSTOMER" confirms, by ticking the box provided for this purpose, that he has read them and accepted them before placing an order. The validation of the order by its confirmation constitutes acceptance by the purchaser of the TCS in force on the day of the order.
VII. CLAUSES OF THE TERMS AND CONDITIONS OF SALE
1. The nullity of a contractual clause does not entail the nullity of the current Terms & Conditions.
2. The temporary or permanent non-application of one or more clauses of the current Terms & Conditions by the "MERCHANT" shall not constitute a waiver on his part of the other clauses of the Terms & Conditions which continue to produce their effects.
1. The price is fully payable after confirmation of the order.
2. Payment is made immediately upon ordering by Credit Card or via the Paypal system.
3. The “WEBSITE” is equipped with Shopify's online payment security system allowing the “CUSTOMER” to encrypt the transmission of her/his Credit Card data. The "MERCHANT" guarantees that the Shopify platform provides 100% security of its payment system.
4. The "MERCHANT" automatically undertakes the cancellation of the order if the "CUSTOMER" encounters a payment problem.
IX. DATA SECURITY AND CONFIDENTIALITY
1. The "MERCHANT" collects the following personal data in order to facilitate the transactions of the "CUSTOMER": connection, profile, payment. The "MERCHANT" implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access.
X. SHIPPING AND DELIVERY
1. The order processing and shipment are within 2 business days of receipt of order payment. These processing times are not valid for the pre-order.
2. For delivery times, please consult the "Shipping" tab at the bottom of the "WEBSITE" home page or in the " Shipping" section on each product page.
3. The products are delivered to the address indicated by the "CUSTOMER" on the check out form. Please provide an exact address because any product returned to the "MERCHANT" following an incorrect or incomplete address will be reshipped at the "CUSTOMER" s expense.
4. “Delivery” means the transfer to the "CUSTOMER" of physical possession or control of the product. At the time of delivery, the ownership of the product is immediately transferred from the “MERCHANT” to the “CUSTOMER”, as well as all the rights and obligations arising therefrom.
5. If the product does not comply with the order, the "CUSTOMER" must file a complaint to the "MERCHANT" in order to obtain a replacement of the product(s) or an eventual cancellation of the sale. In case the products are not available for shipping, the "MERCHANT" can offer an equivalent product in terms of quality and price.
6. If upon receipt of the package, the package is damaged, the "CUSTOMER" must check the condition of the products. If they have been damaged, the "CUSTOMER" must absolutely refuse the package and immediately inform the "MERCHANT".
7. If the "CUSTOMER" does not notify the "MERCHANT" that the goods are damaged, the products are considered to meet the requirements.
8. The total lack of shipping entails the automatic termination of the sales contract.
XI. LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE OF HIDDEN DEFECTS
1. The presence of an apparent defect in a product must raise a complaint by email firstname.lastname@example.org. The "CUSTOMER" must inform the "MERCHANT" in writing for the existence of this apparent defect, so that the return can be accepted.
2. During a validation of a non-conformity or a hidden defect by the “MERCHANT”, the “CUSTOMER” benefit from the following guarantees: All products supplied by the "MERCHANT" are subject to the 2 (two) year legal warranty. For lack of conformity, the period starts from the date of issue.
3. The "CUSTOMER" is exempt from providing proof of the lack of conformity of the product during the 6 (six) months following the date of the delivery of the product. The "CUSTOMER" can choose between repairing or replacing the product. The legal guarantee of conformity applies independently of the commercial guarantee described below.
4. In addition, the “CUSTOMER” can also implement the legal guarantee for hidden defects in the product. The legal guarantee against hidden defects allows the "CUSTOMER" within two (2) years from the discovery of the defect, to reimburse the product, after proving the hidden defects. The “CUSTOMER” then has the choice between two options: keep the product and request a reduction of the price, or return the product and request a full refund.
5. In case of an apparent defect, a lack of conformity of the product, declared by the “CUSTOMER”, where the presence of an apparent defect is proven and after an expertise is made, the "MERCHANT" undertakes to reimburse the "CUSTOMER" at his expense and at the latest within a period of 14 (fourteen) days. However, the "MERCHANT" cannot be held responsible for any misuse of the products that the "CUSTOMER" may make of them.
6. Claims made under warranties should be sent by email to email@example.com or by post to TITA-FR Ltd, blvd.Arsenalski 65, ground floor, office 7, 1421 Sofia, Bulgaria. The "CUSTOMER" will be reimbursed for return postage no later than 14 (fourteen) days following receipt of the product by the "MERCHANT".
1. The “MERCHANT” cannot be held liable in the event of non-performance or improper performance of the contract due either to the “CUSTOMER”, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
2. The "MERCHANT" cannot be held liable for non-compliance of the product with the legislation of the country of the "CUSTOMER" to which it is the responsibility of verifying whether the product is not prohibited for sale in his country.
3. If the "MERCHANT" does not deliver the products or if the products which the "MERCHANT" delivers are not those which the "CUSTOMER" ordered, or the products are damaged or defective or if the delivery is of incorrect quantity, the "CUSTOMER" must inform the "MERCHANT" by e-mail (firstname.lastname@example.org) indicating the order number, the name of the "CUSTOMER" and his email address and must explain the problem. Also, the "CUSTOMER" must return the defective products or the products of the wrong order to the head office of TITA-FR Ltd (blvd.Arsenalski 65, ground floor, office 7, 1421 Sofia, Bulgaria). After their receipt, the only obligation of the "MERCHANT" will be, according to the choice of the "CUSTOMER", to:
- rectify any lack, any missing or incorrect delivery; or
- replace any damaged or defective product; or
- refund the amount which the "CUSTOMER" has paid for the products.
XIII. RIGHT OF WITHDRAWAL, RETURN AND REFUND
1. The "CUSTOMER" has a right of withdrawal, which allows the "CUSTOMER" to change her/his mind about the purchase and to get free from the current contract without giving any reason. The period during which the "CUSTOMER" can exercise her/his right of withdrawal is 30 (thirty) days from the date of the order receipt.
2. The right of withdrawal does not apply to the gift cards, the donations, the intimate cleansers and the products purchased with a promo code or with a reduction code.
3. To exercise the right of withdrawal, the "CUSTOMER" must notify the "MERCHANT" of her/his decision to withdraw by means of an unambiguous declaration by e-mail at email@example.com or by mail addressed to TITA-FR Ltd, blvd. Arsenalski 65, DRC, office 7, 1421 Sofia, Bulgaria. The "CUSTOMER" can use the form below or a free text declaration.
Form of withdrawal:
For the attention of TITA-FR Ltd,
blvd.Arsenalski 65, ground floor, office 7,
1421 Sofia, Bulgaria
I / We(*) hereby notify you of my / our(*) withdrawal from the contract for the sale of the product(s)(*) below:
Ordered on(*) / received on(*):
Address of the "CUSTOMER":
E-mail of the "CUSTOMER":
Signature of the "CUSTOMER" (only in case of notification with paper form):
(*) cross out the unnecessary mention.
4. The "MERCHANT" does not allow standard exchanges on the "WEBSITE". For a new size, another model or another colour, just order again on www.ameissy.com!
5. In case of withdrawal, the "CUSTOMER" must return the product(s) to the head office of TITA-FR Ltd (blvd.Arsenalski 65, DRC, office 7, 1421 Sofia, Bulgaria). The return costs are the responsibility of the "CUSTOMER" and cannot be refunded.
6. The returned products must be returned in their original packaging and the packaging must NOT be opened. In case of open packaging, the "MERCHANT" has the right to refuse the products return and to refuse the refund.
7. The "MERCHANT" may defer the refund until the products receipt in his warehouse.The “CUSTOMER” will be refunded no later than 10 business days following the date of receipt and verification of the returned products in the Ameissy warehouse.
8. The "MERCHANT" will refund to the "CUSTOMER" using the same method of payment as that used for the initial transaction.
XIV. INTELLECTUAL PROPERTY
1. The elements reproduced on this “WEBSITE” (photographs, visuals, texts, drawings, images, etc.) are the exclusive property of “MERCHANT” and are protected by intellectual property rights (like copyright, trademark etc).
2. No assignment of intellectual property rights is made through these Terms and Conditions.
3. Any reproduction and dissemination of these elements, without prior written authorization, exposes the offenders to legal proceedings.
XV. HYPERTEXT LINKS
1. The "WEBSITE" may contain hypertext links pointing to other websites over which the "MERCHANT" does not exercise control. Despite the prior and regular checks by the "MERCHANT", she/he declines all responsibility for the content that may be found on these sites.
2. The "MERCHANT" authorizes the establishment of hypertext links to any page or document on its site, if the establishment of these links is not carried out for commercial or advertising purposes. In addition, the prior agreement of the "MERCHANT" is necessary before any hypertext link is set up. Excluded from this authorization are sites disseminating information of an illicit, violent, controversial, pornographic, xenophobic nature or which may affect the sensitivity of the great number of people.
3. The "MERCHANT" reserves the right to remove a hypertext link pointing to her/his site at any time, if it considers to be inconsistent with her/his editorial policy.
XVI. PERSONAL DATA
1. The computer processing of personal data collected by the “WEBSITE” is intended to manage orders. In conformity with the legislation, the "CUSTOMER" has the right to access, modfy and oppose the processing of her/his personal data by writing to the e-mail: firstname.lastname@example.org (with a copy of proof of identity) or by mail to the following address: TITA-FR Ltd, blvd.Arsenalski 65, RDC, office 7, 1421 Sofia, Bulgaria.
2. The "MERCHANT" undertakes to set up responsible management and processing of the personal data and to guarantee the confidentiality of all personal information collected from his consumers.
3. The person responsible for processing the personal data is Katerina Nikolova (email@example.com).
6. A cookie is a text file containing data elements which is stored when the "CUSTOMER" visits a website. It is designed to help websites remember their preferences. There are different types of cookies. Without them, websites wouldn't be able to function correctly.
7. The "CUSTOMER" has the right to not accept the cookies by following the instructions provided by his browser.
8. The usage and registration on the "WEBSITE" by a minor must be authorized by their legal representative.
XVII. QUESTIONS, COMMENTS OR REQUESTS
1. Questions, comments or requests concerning these general conditions or the products offered by the “MERCHANT” should be addressed to firstname.lastname@example.org.
XVIII. MODIFICATIONS OF THE TERMS & CONDITIONS
1. The "MERCHANT" reserves the right to modify the current Terms & Conditions at any time.
2. In case of modification, the applicable Terms & Conditions are those in effect on the date of the order, a copy of which can be delivered to the "CUSTOMER" at her/his request by writing to email@example.com.
XIX. FORCE MAJEURE
1. All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.
2. In case the above-mentioned circumstances occur, the party that finds out about them must immediately notify the other party of their occurrence, as well as their disappearance.
3. All invincible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure.
4. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the case law of European courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers, a pandemic-related lockdown. The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
5. If the case of force majeure lasts longer than three months, the current Terms & Conditions may be rescinded by the injured party.
1. This contract and the Terms & Conditions governing it are subject to the law in Republic of Bulgaria. The Bulgarian laws apply to matters not regulated in current contract and Terms & Conditions, related to the execution and interpretation of this contract.
XXI. MERCHANT DATA
Merchant Name: TITA-FR Ltd
Headquarters and management address: blvd Arsenalski 65, ground floor, office 7, 1421 Sofia, Bulgaria
Address of the activity execution and address to raise customer complaints: blvd Arsenalski 65, ground floor, office 7, 1421 Sofia, Bulgaria
Contact details: firstname.lastname@example.org, phone +359 883599996
Registration in the public registers: UIC 121483980
VAT number: BG 121483980
The current Terms & Conditions document was last updated on January 31, 2022.