TERMS AND CONDITIONS OF PURCHASE AND USE

  1. INTRODUCTION

The following general Terms and Conditions govern the contractual relationship between Studio Apparel Ltd, www.enibbana.com and consumers who purchase goods in our shop.

We urge you to read the Terms and Conditions carefully and make sure that you understand them before using this website and services.

Please note that by using this website or placing an order on it, you agree to be bound by these Terms and Conditions and our Data Protection Policies.

If you do not accept these Terms and Conditions and the Data Protection Policies, you will not be able use this website and services.

If you continue to use the website or placing an order on it, we will take this as your acceptance of these Terms and Conditions and Data Protection Policies.

These Terms and Conditions may be amended. It is your responsibility to read them periodically, to ensure you understand the legal terms which apply at the time of using the website or concluding of the relevant contract. If you have any query regarding the Conditions or the Data Protection Policies, you may contact us by using the contact form. The contract language is English.

  1. UNDERSTANDING THESE TERMS AND CONDITIONS

When we refer to “we”, “us” or “our”, we mean Studio Apparel Ltd (under the name eNibbana).Where we refer to “you” or “your” we mean you, the person using the Services.

We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions, as mentioned in the Introduction).

  1. ABOUT US/OUR DETAILS

Sale of goods through this website is carried out (under the name eNibbana) by Studio Apparel Ltd, a Bulgarian company with registered address at Cherkovna 72 str, 1505 Sofia, Bulgaria, registered in the Commercial register and register of NPLEO, Bulgaria under company number 205573059 and VAT number BG205573059.

  1. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies.

When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality.

  1. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies.

When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality.

  1. OUR SERVICES/ SERVICE AVAILABILITY

The Services we offer allow you to search through the Website and purchase products from a large number of brands worldwide. As part of the Service, we also provide some ancillary services as arranging delivery of the products, creating customer accounts, providing you with customer service assistance and procuring the payment processing services through our affiliates. Please note that the delivery logistics services is being provided by us to you and as such you are entering into a contract for delivery services provided by us. We may make a charge for these services which will be shown at checkout and prior to your purchase for the products. 

Complaints about the services provided can be addressed to the e-mail address of the Support Center at customer@enibbana.com or by phone +359 887 64 06 95. The complaint must include the name of the recipient of the service and a brief description of the problem. We will make every effort to review the complaint as soon as possible, but not later than 14 days after receiving it. by e-mail sent to the email specified.

Please be notified that, depending on your web browser settings, cookies may be sent to the computer system used that are not components of our services and allow subsequent identification of the customer visiting the website and which serve to facilitate the use of the website, and to monitor the flow of customers in the website. You may at any time disable the use of cookies by by entering appropriate settings on your web browser. For more information about cookies, please see our “cookies policy”.

  1. REGISTRATION AND SUBSCRIPTION TO THE SERVICES

From eNibbana you can place an order as a guest or as a registered user. To sign up, you must choose a unique username and password, as well as a shipping address, name and surname, e-mail, telephone, where your data will be stored in our database. After successfully registering and storing your data in the system, each new order will allow you to change your shipping address and personal details, as well as specify your representative to accept the order if necessary. By clicking on the "..." button, you make an electronic statement under the Electronic Document and Electronic Signature Act to confirm that you are familiar with and accept these Terms and Conditions and Data Protection Policies.

When registering for, or subscribing to, our Services you must provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and that we will not in error contact third parties.

  1. FORMALIZING THE CONTRACT (order)

To place an order, you must follow the online purchasing procedure and click order with payment commitment. After doing so, you will receive an e-mail confirming receipt of your order (order confirmation). The confirmation email will include a description of the products purchased. Upon receipt of the said order confirmation, the contract you and us shall be considered concluded. You will be informed of via an e-mail in which we will confirm that the order is being sent (shipment confirmation).

  1. THE PRODUCTS

We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the brands, we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer's display of the images accurately reflects the true colour of the products.

The products are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the E.U.’s Consolidated Financial Sanctions List  or the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List.

  1. AVAILABILITY OF PRODUCTS

All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order.

If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.

  1. REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same.

Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation.

We reserve the right to do so at any time. We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation.

  1. DELIVERY

The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days after the date of dispatch.

We supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given, but there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.

Delivery times may vary depending on the availability of the products and your delivery address. Delivery times are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by our Partner(s) so your order may arrive in multiple deliveries and at different times.

The "delivery" shall be understood to have taken place or the order has been "delivered" as soon as you or a third party indicated by you other than the carrier acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you.

If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery. Please also read the information on our Shipping page as this contains important information about your order and its delivery.

  1. INTERNATIONAL DELIVERY

If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination.

You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.

  1. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS

The products shall be under your responsibility from the moment of delivery to you as outlined in Clause 11 above. You will take ownership of the products when we receive full payment of all amounts due, including delivery charges, or at the moment of delivery, if that were to take place at a later time.

  1. PRICE AND PAYMENT

The price of the products will be as stipulated at all times on our website, except in the case of an obvious error.

If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it.

If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.

We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the order confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price. The prices on the website include VAT, but exclude delivery charges, which are added to the total price as indicated. The delivery charges applicable to your order will be clearly displayed at checkout before you place your order (and are included in the "Total Cost" amount shown on the order summary page). Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent a shipment confirmation. Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order.

You may use, as payment method, the following providers: PayPal and CheckoutX. Please note that the payment is made off of our site and when you select the relevant method you are redirected to the PayPal or CheckoutX page to complete the purchase according to the additional instructions provided. Your use of these providers may be subject to additional terms and conditions which we recommend you also review.

You expressly authorize us to issue the invoice for payment electronically. This notwithstanding, you may freely indicate at any time your desire to obtain a paper invoice, in which case we will issue it and send it to you in said requested format.

  1. EXCHANGE/RETURN POLICY

Please see our Returns Policy for information on returns and exchanges.

   16.1 Statutory right of withdrawal

If you are contracting as a consumer, you have the right to withdraw from the Contract, within 14 days, without giving any reason, without owing any indemnity or penalty, and without paying any costs, except the costs specifically listed in these Terms and Conditions. The withdrawal period will expire after 14 days from the day on which you acquire or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you may notify us at the telephone number +359 887 64 06 95 or by writing an e mail at customer@enibbana.com or by writing to our contact web form, about your decision to withdraw from this Contract by an unequivocal statement. If you decide to withdraw from this Contract, we will return to you all payments received from you (except delivery costs, any additional charges resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 days of the date on which this Contract has been terminated. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back or deliver the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this Contract to us.

   16.2 Contractual right of withdrawal

In addition to the statutory right to cancel for consumers, mentioned in Clause 16.1 above, we grant you a period of 14 days from the date of the Shipment Confirmation of the products

   16.3 Common provisions

Your right to cancel the Contract shall apply exclusively to the products that are returned in the same condition in which you received them. The right of return the products and cancel the Contract only applies to unworn, unwashed and defect-free items from which the labels have not been removed. Any loss of value due to wearing, washing or causing other traces of use as well as removal of the safety label, removal/damage of the original packaging, accessories, etc. will result in the return being rejected, as we cannot offer these items for sale again. In this case, the goods will be returned to the customer without reimbursement of the purchase price.

No reimbursement will be made if the product has been used once it has been opened, for products that are not in the same condition as when they were delivered or if they have been damaged, so take care of the product(s) while in your possession.

Please return the products using or including all their original packaging, instructions and other documents, if any, accompanying the products.

You shall not have the right to withdraw from the Contract when it is for the delivery of any of the following Products:

(i) Customized items

(ii) Music CDs/DVDs without their original wrapping.

(iii) Sealed goods which are not suitable for return due to hygiene reasons and were unsealed after delivery.

Upon cancellation, the respective products shall be returned by Courier. When returning the product(s) by Courier arranged by us, you should contact us through our web form or by telephone at +359 887 64 06 95 to arrange for the product to be collected. You should send the product in its original packaging and follow the directions mentioned in the "RETURNS" section of this website. You shall assume the delivery costs. In case you would not wish to use Courier arranged by us and you wish to return the product(s) in any other way, you will bear the return costs and we have the right to charge you with any such costs. You can return the product directly to the address outlined on the receipt received on delivery of the product. We ask you to return the product without delay, together with the receipt to the address outlined on the receipt, and in any case not later than 14 days as of the day you notified us of your decision to cancel the Contract. After examining the article, we will inform you of whether you have the right to reimbursement of the amounts paid. The refund will be paid as soon as possible and, in all cases, within 14-30 days from the date on which you notified us of your intention to cancel. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back.

You shall assume the cost and risks of returning the products to us, as indicated above or you have supplied evidence of having sent back the goods, whichever is the earliest. The refund will always be paid using the same payment means you used to pay for your purchase. You shall assume the cost and risks of returning the products to us, as indicated above.

  1. WARRANTY

The products we offer are brand new and original. eNibbana is responsible for the physical and legal defects of the products in accordance with Art. 105 and Art. 122 of the Bulgarian Consumer Protection Act. Any item purchased from the website may be subject to a claim, specified in the relevant legal provisions, if there are deficiencies that make it inconsistent with the contract. The claim can be submitted by email accompanied by return of the goods and a written description of the defect or a completed claim form, published on the website addressed to customer@enibbana.com. Within 14 days from the day following the receipt of the goods by eNibbana, you shall be notified of our decision on the given claim.

   17.1 If the goods have defects, you have the following rights under Art. 112 - Art. 113 of the Bulgarian Consumer Protection Act:

   (a) to make a statement to cancellation of the contract or to reduce the price of the goods, unless we, without undue delay and undue inconvenience for you as a customer, have replaced the defective product or eliminated the defect;

   (b) to require that the good is replaced with another without defects or that the defect be remedied.

   17.2 In case of non-compliance of the goods with the contract and when you are not satisfied with the resolution of the claim under the previous article, you have the right to choose from one of the following options:

   (a) cancellation of the contract and reimbursement of the price;

   (b) reduction of the price.

   17.3 Out-of-court dispute resolution methods:

We inform you that you may use the following out-of-court methods for resolving disputes and for filing claims:

   (a) Sending a claim to eNibbana;

   (b) Filing an appeal to the Consumer Commission (CPC). More information about the CPC and the electronic complaint can be found at the following links: https://kzp.bg/podavane-na-zhalba

 

  1. OUR RESPONSIBILITY/ LIABILITY AND WAIVING LIABILITY

Unless otherwise indicated expressly in these Conditions, our maximum liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.

Notwithstanding the above, our liability shall not be waived nor limited in the following cases:

   (i) in case of death or personal harm caused by our negligence;

   (ii) in case of fraud or fraudulent deceit; or

   (iii) in any case in which it were illegal or illicit to exclude, limit or attempt to exclude or limit our liability.

Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:

   (i) loss of income or sales;

   (ii) business loss;

   (iii) loss of profits or contracts;

   (iv) loss of forecast savings;

   (v) loss of data;

   (vi) loss of office hours or management time.

 

  1. INTELLECTUAL PROPERTY

We are the owner or the licensee of all intellectual property rights in the website and its content. You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to us at all times or to those who grant us the license for their use. You may use said material only to the extent that we or the usage licensers authorize expressly. You must not systematically extract and/or re-utilize parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.

  1. OUR WEBSITE
   20.1 Access to the Website

The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them. Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce copy and/or exploit the Website for any commercial purposes without our prior written consent. We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period. When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfy any legal requirement that same communications be in writing.

   20.2 Your conduct

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only. You must not use the Website for any of the following: In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam". To cause harm, annoyance, inconvenience or needless anxiety to any person.

  1. WRITTEN COMMUNICATION

By using this website, you agree that most of the communication with us will be electronic. We will contact you by email or we will provide you information by posting alerts on this website.

For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing.

This condition will not affect your statutory rights.

  1. LINKS FROM OUR WEBSITE

If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials.

Accordingly, we shall not accept any liability for any damage or harm deriving from their use.

  1. EVENTS BEYOND OUR CONTROL/FORCE MAJEURE

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

   (i) Strike, lockout or other forms of protest.

   (ii) Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.

   (iii) Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.

   (iv) Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.

   (v) Inability to use public or private telecommunication systems.

   (vi) Acts, decrees, legislation, regulations or restrictions of any government or public authority.

   (vii) Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect.

  1. OUR RIGHT TO AMEND THESE CONDITIONS

We have the right to review and amend these Conditions at any time. You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Conditions or Privacy Policy. In this case the possible changes will also affect orders made previously by you.

  1. OUR RIGHT TO AMEND THESE CONDITIONS

We have the right to review and amend these Conditions at any time. You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Conditions or Privacy Policy. In this case the possible changes will also affect orders made previously by you.

  1. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.

  1. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the product purchase contracts through said website shall be governed by the Bulgarian legislation.

Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the Bulgarian courts. If you are entering into the contract as a consumer, nothing in this Clause shall affect the rights you have, as recognized in any applicable legislation in this area.