GENERAL TERMS OF USE OF NIXXY.SHOP
This Document represents the general terms and conditions of use of nixxy.shop, which govern the rules for the use of nixxy.shop, including the conclusion of a sales contract with the Seller.
2.1. Buyer - a natural person aged 18 or over, a legal entity or other legal entity, who creates an account on the Platform, places an order and concludes a distance purchase-sale contract.
2.2. Seller - "NIXXY.SHOP", referred to as NS for short.
2.3. Site – the electronic store hosted at the web address nixxy.shop and its subdomains
2.4. The Platform – Nixxy Site.
2.5. Client – any natural person over 18 years of age, or a legal entity or other legal entity that accesses the Content through the means of communication provided by NS (electronically, telephone, etc.) or under an existing contract for use with NS and which has stated the creation and use of an Account.
2.6. User – any natural person over 16 years of age or legal entity or other legal entity who has registered on the Platform and who, by completing the Account creation process, has given their consent to certain clauses in the General Terms and Conditions section of the Platform.
2.7. Account – a section of the Platform formed by an email address and password, which allows the Buyer to send an Order and which contains information about the Buyer/User and the history of some of his actions on the Platform (Orders, tax invoices, etc.). The User is responsible for ensuring that all information entered into the Account is true, complete and up-to-date.
2.8. Favorite Products - a section in the account that allows the Buyer/User to create their own lists of Goods and Services that they wish to monitor in connection with possible purchases by using the service offered by the Seller to monitor Goods and Services through the receipt of Commercial Messages from his side.
2.9. List - a section in the "Favorite Products" section where the Buyer/User can add products they are interested in.
2.10. Cart – a section in the Account that allows the Buyer/User to add Goods or Services that he wishes to buy at the time of their addition or at a later stage; in the event that the Goods and Services have not been purchased at the time of their addition by placing an Order, the Buyer / User will benefit from the Seller's service for tracking the Goods and Services by receiving Commercial Messages from the Seller.
2.11. Order – an electronic document representing a form of communication between the NS and the Customer, through which the Customer declares to the NS, through the Platform, his intention to purchase Goods from the Platform.
2.12. Product(s) / Service(s) – any product or service on the Platform, including products and services mentioned in the Order, which are provided by the Seller as a result of a concluded Agreement.
2.13. Campaign – any advertising message aimed at promoting the Platform, the NS brand or certain Goods or Services that are available in limited quantities, unless the commercial message expressly states otherwise, for a certain period of time specified by the Seller.
2.14. Contract - represents a remote contract concluded between the Seller and the Buyer for the purchase and sale of Goods through the Platform, an integral part of which are the present general conditions for using the Platform.
2.15. Content
- all information on the Platform that is accessible by connecting to the Internet and using a device connected to the Internet;
- the content of any message from the Buyer to the Seller sent by electronic means and/or any other available means of communication;
- any information provided, in any way, by an employee/collaborator of the Client's NS through electronic or other means for its remote transmission;
- the information related to the Goods and/or the applied tariffs by the Seller in a certain period of time;
-the information concerning the Customers and related to the Goods and/or the applicable tariffs from third parties with whom the Seller has entered into partnership contracts in some form;
- data about the Seller.
2.16. Commercial messages - any type of message sent via electronic communication channels (such as e-mail, SMS, etc.), containing general and thematic information, information about similar or suitable products to the purchased ones, information about offers or promotions from the NS, information about The Goods and Services added in the "Account/My Cart" section or in the "Account/Favorites" section, as well as other commercial communications such as market and consumer research.
2.17 Transaction – the action by the NS to refund an amount paid by the Buyer as a result of cancellation, termination, refusal or non-conclusion of a purchase and sale contract through the Platform, carried out only by bank transfer.
2.18. Specifications – all characteristics and/or descriptions of the Goods as stated in their description.
3.1. The General Terms and Conditions of NS bind all Clients/Buyers/Users of the Platform.
3.2. Any use of the Platform means that You have (a) carefully read the general terms and conditions for its use and (b) have agreed to abide by them unconditionally.
3.3. NS reserves the right to update and amend the General Terms and Conditions of the Platform periodically to reflect any changes in the way the website functions and conditions or any changes in legal requirements. The document may be opposed by the Clients/Users/Purchasers from the moment it is published on the Platform. In the event of such a change, we will post the amended version of the Document on the Platform, so please check the content of this Document periodically.
3.4. If any of the provisions of these general terms and conditions of use of the Platform are found to be invalid or unenforceable, regardless of the reason for this, this does not entail the invalidity or unenforceability of the remaining provisions.
3.5. NS makes serious efforts to maintain the accuracy of the information presented on the Platform. However, given the possible technical errors or omissions in this information, NS specifies that the images of the products are illustrative and indicative in nature, therefore the delivered products may differ from the images.
3.6. It is possible that, due to limited space and the sequential structure of information, product descriptions are sometimes incomplete. However, NS strives to provide the most relevant and relevant information.
3.7. All goods, including those on sale/discount, are sold and delivered while stocks last, even if this is not explicitly stated on the Platform.
3.8. The Platform may contain links to other sites. NS is not responsible for the privacy policy of websites it does not administer, as well as for other information contained therein.
4.1. The Customer declares his desire to order and buy the Goods through the Platform by placing an Order electronically or by phone and which is accordingly registered by himself or by an employee of the NS on his behalf.
4.2. NS will send a notification to the Customer to register the Order in its system, which does not mean acceptance, confirmation or commitment to its execution. NS makes this notification electronically (email) or by phone.
4.3. Therefore, the Seller has the right not to deliver part or all of the Products from the Order for various objective reasons, including but not limited to the exhaustion of their stock availability. In all cases, the NS shall notify the Customer of this by e-mail or by telephone. In this situation, the sole responsibility of the Seller is to return any previously received price of the Product.
4.4. The distance sales contract between the Seller and the Buyer is considered concluded at the moment the Buyer receives his e-mail and/or via SMS sent to his phone as a notification that the Product from the Order is ready to be shipped.
4.5. The sales contract concluded between the Buyer and the Seller consists of these general terms and conditions and any additional agreements between them.
5.1. Access to the Platform for the purpose of registering an Order is allowed to any User.
5.2. NS reserves the right, at its discretion, to restrict the access of any User/Buyer to the realization of an Order and/or to any of the possible payment methods, if it considers that this would be detrimental to NS in any way. In this situation, the Customer's only right is to contact the "Customer Service" department of NS in order to be informed about the reasons that led to the implementation of the above-mentioned measures. NS is not responsible for any damages that the Client has suffered or may suffer as a result of this decision, regardless of its correctness or justification.
5.3. Communication with the Seller can be carried out through direct contact with him or through the contact methods indicated on the Platform in the section "CONTACT US ”.
5.4 NS may publish advertising or promotional information about the Goods and/or Services for the promotions it offers on the Platform, for a certain period of time.
5.5. All prices of the Goods on the Platform are final, declared in Euros (EUR) including VAT and all other taxes or fees required by law.
5.6. In the case of online or bank payments, the Seller is not responsible for any costs related to fees, commissions or other additional payments made by the Buyer or his bank in connection with the transaction itself, as well as in cases of currency exchange, applied by the bank that issued the client's card in cases where the currency is different from EUR. Payment by card to the NS is accepted as an international payment by the banks in Bulgaria and according to their rules for working with cards and card payments, some banks charge additional fees for this type of transaction. The same applies to the transactions that the NS makes to the Client, regardless of whether it does so in connection with a refund of any payment to the latter or for any other reason. The costs related to such payments are solely for the account of the Buyer. Therefore, the FD recommends its customers to check with their bank about possible additional fees that could be charged to them for online or bank payments.
5.7. If the Customer / Buyer chooses a payment method for an order placed: payment upon delivery (made and indicated respectively as "cash on delivery", "postal money order" or any other type of payment method permitted by law upon delivery of an order under a contract concluded online / remotely), the Seller charges for each separately requested order with such a payment method a fee in the amount of 2% of the value of the order for the processing of such payment type, in order to cover the costs of processing payments upon delivery.
5.8. All images placed on the Platform are only intended to create some idea of the type of Product offered, and not to represent it accurately. Accordingly, it is possible that some of the images of the Products on the Platform (static/dynamic images/multimedia presentations/etc.) may not correspond to the appearance of the relevant Product. Seller shall not be liable for such discrepancies.
5.9. All images placed on the Platform are only intended to create some idea of the type of Product offered, and not to represent it accurately. Accordingly, it is possible that some of the images of the Products on the Platform (static/dynamic images/multimedia presentations/etc.) may not correspond to the appearance of the relevant Product. Seller shall not be liable for such discrepancies.
6.1. The Customer may place Orders on the Platform by adding the desired Products for purchases, following the steps indicated on the Platform to complete and submit the relevant Order.
6.2. Any Item added to the Cart can be purchased if available. Adding the Product to the Shopping Cart without completing the Order does not lead to the registration of the order and the automatic saving of the Product.
6.4. The Customer undertakes and is responsible for ensuring that all data provided to NS in connection with the Order are true, complete and accurate as of the date of sending the order. The customer authorizes NS to provide this data to the relevant subcontractor through which NS will fulfill the order.
6.5. By sending the order, the Client/Buyer allows NS to contact him in any possible way, when this is necessary in connection with the order placed or the concluded Contract.
6.6. The Seller has the right to refuse to fulfill (cancel) the Order placed by the Customer, for which he should notify the Customer. The cancellation of the order does not entail any responsibility or subsequent obligation of any of the parties towards the other in connection with it, and accordingly none of them has the right to seek compensation from the other for its cancellation in the following cases:
- non-acceptance by the Client's issuing bank of the transaction for online payment;
- execution of the monetary transaction, which does not lead to the receipt of funds to the Seller's account during online payments;
- the data provided by the Client in the Platform are incomplete and/or wrong;
- The Seller has made an unsuccessful attempt to contact (via SMS, e-mail) the Customer;
- The Seller has made one unsuccessful attempt to deliver the Product ordered by the Customer (the shipment was returned as "unclaimed").
6.7. The Seller undertakes to refund the paid price of the Contract concluded at a distance, which the Buyer has refused within 14 (fourteen) days from the date on which evidence is received from the Buyer that the latter has returned the relevant Goods. The amount will be refunded as follows without incurring any additional costs to the Buyer, unless the bank serving it requires any fees:
- Payments made with a debit or credit card - by refunding the account from which the payment was made;
- Payments made by cash on delivery - to a bank account additionally provided by the Customer;
7.1. The Client/User agrees that by providing any of his personal or other data to NS, he agrees that it may be used by the latter for the following purposes: (1) maintaining the Client/User's account, including registration of orders, sending ordered products, performing the ordered services, invoicing, resolving disputes with Customers/Users/Buyers regarding their Orders or considering their requests; (2) sending Commercial messages or periodic notifications by e-mail or via SMS; (3) conducting market research, tracking and monitoring sales and customer/consumer behavior.
7.2. By providing his data to NS (including e-mail), the Client / User / Buyer gives his express consent to be contacted by NS or third parties, partners of NS, who are couriers, marketing service providers, state, municipal or non-governmental agencies or companies from the field of insurance or financial services, when this is provided for by the specific legislation, as well as other companies with which FD can develop common programs for offering the Goods on the market, etc.
7.3. By providing his/her personal data to NS, the Client/User/Buyer expressly consents to their inclusion in NS’s database.
8.1. The prices of the Goods announced on the Platform are final and include VAT, as well as all other taxes and fees provided for in the current Bulgarian legislation.
8.2. The price, method of payment and payment term for issuing invoices are specified in each Order.
9.1. The Seller undertakes to deliver the ordered and purchased Products himself or through a courier company to the address specified by the Buyer.
9.2. The Seller will arrange for the proper packaging and shipping of the Products.
9.3. The terms of delivery for the products offered by NS can be found on the info page of the "Delivery" Platform.
The Seller is not responsible for any damages suffered by the Buyer, incurred as a result of force majeure or those beyond the Seller's control.
Neither party shall be liable for failure to perform its contractual obligations if such failure is due to force majeure. Force majeure is an unforeseeable event beyond the control of the parties that cannot be avoided.