GENERAL TERMS AND CONDITIONS
I. Details of the seller, which is the owner of the Platform
II. Terms of access and use of the Platform
- Registration on the Platform
- Intellectual property
- Suspension of access
- Personal data
III. Terms and conditions for online sale
- Technical steps to conclude the contract
- Cancel and change an order
- Payment and Invoice
- Right of withdrawal and complaints
IV. Obligations of the parties
VI. Applicable law
The present General Terms and Conditions, settle the terms of access, use, sale and purchase of boutique products, gift vouchers and gift sets (hereinafter referred to as the “Products”), through an online platform hosted at online address https://shop.ghms.bg/ (hereinafter referred to as the “Platform”). Please, be informed that we may unilaterally change the content of the Platform, as well as the content of these General Terms and Conditions, and the changes will be published in the same way as this document. The provision of some of the services of the Platform could be subject to certain specific terms and conditions, which will be specified on a case-by-case basis or you will be explicitly notified of such specific terms and conditions. In case of a conflict between the specific terms and conditions and the present document, the specific terms and conditions shall prevail.
I. Details of the seller, which is the owner of the Platform.
The seller, within the meaning of the Consumer Protection Act, as well as the owner of the Platform, is: GRAND HOTEL MILLENNIUM SOFIA OOD, registered with the Trade Register at the Registry Agency under UIC:205948178, registration under the Value Added Tax Act No. BG205948178, having its registered office and address of management at Sofia, P.O.B. 1463, 89В, Vitosha Blvd. (hereinafter referred to as the “Supplier” or “We/Us”).
Telephone: +359-2-445 7487
II. Terms of access and use of the Platform
The access to the Platform shall be considered as consent to the terms of its use.
1. Registration on the Platform
The access to the Platform and its content, as well as the shopping through the Platform, do not require any registration. However, you may choose to create an account on our Platform, as described below, where you can review your recent orders, manage your billing and shipping addresses, and change your password and account information.
You are responsible for the accuracy and relevance of your data provided during your registration. Please, do not provide incorrect data or data of any third parties.
During the registration of your account, you may also choose to receive marketing messages related to our products and promotions, by explicitly expressing your wish, ticking the box provided for this purpose.
You can cancel the receipt of marketing communications at any time by communicating your desire to the contact details we have provided or by following the link in each of the emails we send you.
You can delete your account at any time by sending us your written request to the email or contact address above and identifying yourself properly. You could re-register on the Platform at any time. We reserve our right to refuse your registration in case you have violated these General Terms and Conditions.
2. Intellectual property
The Provider is the holder of all intellectual property rights or we have license for use by the respective holder in respect of the Platform and all its contents, including but not limited to all texts, photographs, illustrations, logos, trademarks, brands, graphics, designs, interfaces, databases etc. The Provider reserves all rights to the Platform and its content, and by obtaining access thereto, you receive only permission to use the Platform for its intended purpose, and this access in no case can be construed as granting rights to the same.
The use of items subject to copyright, industrial property protection etc., provided on the Platform, is prohibited without the express consent of the Provider, regardless of whether we are the holder of the same or they are hold by any third parties.
The Platform and its content may not be used for commercial purposes without the express consent of the Provider.
The use of the Platform and its content for any purposes prohibited by law is not allowed.
If you send any type of information to the Provider through any of the permitted channels, you declare and warrant that this information does not infringe the intellectual or industrial property rights, trade secrets or any other rights of third parties.
The access or use of the Platform in any illegal or unauthorized by the Provider manner is prohibited, regardless of whether the access or use are for commercial purposes or not. In particular, the following non-exhaustive actions are prohibited:
- Using the Platform in a manner, which may cause damage, interruptions, inefficiency or defects in its operation or in any third party’s devices;
- Using the Platform to transmit, install or publish any virus, malicious code or other similar programs or files;
- Using the Platform in a manner, which violates the rights of the Provider or any third parties;
- Using the Platform to publish or distribute content that is defamatory, offensive, racist, vulgar, degrading or otherwise contrary to law, morality or public order;
- Using the Platform with a false identity, or taking any other action that may lead to confusion about your identity or the origin of the message;
- Accessing or using the Platform by hacking or falsifying, retrieving passwords or using other illegal methods;
- Breach or attempted breach of the security measures or authentication of the Platform or any connected network, or the security or protection measures of the content hosted on the Platform;
In case of violation of any of the prohibitions above, the Provider reserves its right to take the necessary measures to prevent damages and seek compensation from You for such damages.
The Provider has taken all necessary measures within its capabilities to ensure the proper operation of the Platform and minimize the errors in the system, both from a technical point of view and in terms of the published content, and avoid the existence or transmission of any viruses and other harmful components to the computer systems of the users.
Notwithstanding the foregoing, the Provider does not guarantee and may not be held liable for: (i) continuity of the services and/or functionalities of the Platform; (ii) absence of errors in the content; (iii) absence of viruses or other harmful components on the Platform or the server, on which it is located; (iv) invulnerability of the Platform or impossibility of violating the security measures; (v) damages that could occur due to any third party, which violates our General Terms and Conditions, rules or security systems.
The Provider has no obligation to control the content transmitted to or delivered by any third parties, except in cases, when this is required by applicable law or when required by a competent judicial or administrative authority.
5. Suspension of access
The Provider may suspend, or restrict the access to the Platform at any time, with or without prior notice to the users, who violate these General Terms and Conditions.
6. Personal data
III. Terms and conditions for online sale
By accepting these Terms and Conditions before completing your order, you conclude an agreement for sale with us that has all the effects provided for in the applicable law. You can conclude the agreement with us in Bulgarian or English, at your discretion, by changing the language in the upper right corner of the Platform. In case of a purchase of Products which contain alcohol, You declare that You are at least 18 years old.
1. Technical steps to conclude the contract
The agreement for sale between us is concluded according to the following mechanism:
- First, you need to log in to the Platform at online address: https://shop.ghms.bg/
- Your next step shall be to choose a Product from the specified categories. Open the link to the Product to see the detailed information about it. You can also select the option for quick view of the Product, in which case you will see the basic information about its characteristics, price and the quantity you have selected.
- Click the “Add to Cart” button to add the Product to your cart. When you click the “Add to Cart” button, one piece of the selected product will be added to your cart by default. If you want to change the quantity, you must do so before clicking the “Add to Cart” button or later from your cart, which is always in the upper right corner of the page.
- For a Product, which is a service voucher, before clicking the “Add to Cart” button, you need to choose whether it will be on electronic or physical carrier and enter the purchaser’s name, recipient’s name and the message you want to include.
- For a Product, which is a monetary gift voucher, you need to enter the relevant value.
- At any time before completion the order, you may review the selected Products from your cart, where you will find information about their characteristics, selected quantity, price VAT excluded, VAT value, the total price of all selected products, delivery price, as well as the final price you must pay for the Products, including the delivery. You can change the selection by deleting or adding Products or changing their quantities and then clicking the “Update Cart” button.
- To complete the order, you should select the “Complete the order” option from your cart or directly from the “Checkout” button in the upper right corner of the page. You will then be redirected to a form, where you should fill in your identity data and any billing and delivery details. At the end of this step, you will again see information about the Products, and you will have the option to enter a promotional code or leave a note referring to your order, if necessary.
You do not need to register to place an order in the Platform. If you decide to create an account in the Platform, the ordering steps will be identical as the listed above, but you will be able to use the functionalities “orders” and “payment and shipping address management”.
The Provider provides clear, accurate and comprehensive information about the Products offered through the Platform. The Provider reserves its right to change the information about certain Products in case of any changes in the conditions, quantity, and the availability of sizes, and in case of promotions, and any change will be updated in the Platform. If you have any questions about certain Product or the terms of its sale, you can send an inquiry to the contact details above.
The final price of the Products, including all taxes and fees, is indicated on the Platform at all times. All our prices are in Bulgarian levs. Grand Hotel Millennium may unilaterally change the prices of the Products, however the price of a Product cannot be changed if the purchase and sale process has started. The price and terms of delivery are specified in the “Delivery” section of these General Terms and Conditions.
3. Cancel and change an order
Notwithstanding your consumer right of withdrawal, described in detail in the “Right of withdrawal and complaints” section of these General Terms and Conditions, you can cancel or change your order no later than five calendar days as of its receipt. In such case, the amounts paid by you will be fully refunded.
4. Payment and Invoice
Payment for the Products will be made directly by credit or debit card. We accept the following credit and debit cards: Visa, MasterCard and American Express. You can also pay through Apple Pay and Google Pay when using the mobile version of the Platform. Payment is made on our Page.
The Provider shall not be liable for the conditions of the operating bank with regards to the process of payments. The Provider shall not be liable in the event of a difference of or charge of additional fees by the bank in case you pay in another currency other than Bulgarian levs.
All payments are invoiced by the Provider in Bulgarian levs and according to the provisions of the Bulgarian Value Added Tax Act and the Accountancy Act, using for the issuing of the corresponding invoice the data and information provided by the customer.
The Provider reserves the right to request additional information when it is the provided information is insufficient for complying with all the requisites for the issuing of an invoice.
By accepting the present General Terms and Conditions, you accept to receive an electronic invoice. In case you expressly request the original of the invoice, you will receive it when receiving your purchase.
We offer the following two ways of delivery of the purchased Products – pick-up from our store at the contact address above or delivery to your address. Irrespective of the way of receiving the Product, these General Terms and Conditions apply equally to all sales/deliveries, including the rules of payment and return, exchange and/or complaints, as appropriate.
If you choose to pick up the Products from our store, there will be no additional delivery fees.
If you choose delivery to your address, the system will automatically display the amount you must pay before completing and confirming the order. The final delivery price is in Bulgarian levs and includes all taxes and fees. Deliveries are made by the Provider or by courier. The price of the delivery is calculated according to the weight of the product and the distance to your address. Delivery time is within five business days for the whole country.
When you choose a Product, which is an electronic service voucher or value voucher, it will be sent to the email address specified by you.
Alcohol and spirits shall be delivered only to customers over 18 years of age. You undertake to prove that you have reached the age of 18 years by showing your identity document at the time of delivery by the courier. In case you refuse or fail to prove such circumstance, the above type of Products will not be delivered, and the Supplier will be released from its obligation to deliver them. However, in such case all transport costs are at your expense.
6. Right of withdrawal and complaints
You have the right, without paying any compensation or penalty and without stating a reason, to withdraw from the contract concluded with us within 14 days as of the date of acceptance of the Products, by using the unified withdrawal form, (attached as an Appendix I) to these General Terms and Conditions, enclosing the documents certifying the purchase you have made (receipt, invoice, bill of lading).
When you wish to exercise your right of withdrawal, you must inform us of your decision before the expiry of the abovementioned 14 days deadline.
If you exercise your right of withdrawal, we will refund the whole amount received from you, including the shipping costs, without undue delay and no later than 14 days as of the date, on which we were notified of your decision. We will refund these amounts using the same means of payment as the one used by you in the original transaction, unless you have expressly agreed to use another means of payment and provided that this does not involve any additional costs. We have no obligation to refund the additional delivery costs, when уou have explicitly chosen a method of delivery, other than the cheapest method of standard delivery offered by us. You must return or hand over the Products on the spot without undue delay and no later than 14 days as of the date, on which you have notified us of your decision to withdraw from the contract. The direct costs for the return of the goods are at your expense. We may withhold the refunds until we receive the Products.
The right of withdrawal above will not apply:
- to provision of services, if the service is fully provided and if the performance has begun with your explicit prior consent and confirmation that you are aware that you will lose your right of withdrawal after the contract is performed in full by the Provider. For the avoidance of doubt, by agreeing to these General Terms and Conditions, you agree and acknowledge that you are informed that your right of withdrawal does not apply in the event of performance of any of the services offered by the Provider by means of gift vouchers or as part of the “Millennium Experiences”;
- to delivery of goods, which are made-to-order for a You or according to Your individual requirements;
- to delivery of goods, which may deteriorate or have a short shelf life, due to their nature, such as for example the goods referred to as “Millennium Delights”;
- to delivery of sealed goods, which are unsealed after the delivery and cannot be returned due to reasons related to hygiene or health protection;
- to delivery of goods, which, after being delivered, have mixed with other goods, from which they cannot be separated, due to their nature.
In case of non-compliance of the Product with the Agreement for Sale, you have the right to file a complaint, according to the provisions of the Consumer Protection Act.
In case you exercise your right of withdrawal or file a complaint, you must return the Product in unused form and suitable for sale and subsequent use by other users. In case of doubt that the Product has been used and/or processed, treated with preparations and/or chemicals, the Provider reserves its right to refuse the right to a refund of the price and return of the goods for hygienic and health reasons. The latter applies in all cases of request for return or exchange/ complaint related to underwear without exception. For more information, please see our Return Policy here https://shop.ghms.bg/delivery/?lang=bg.
In the cases, when the Provider is not the manufacturer of the Products on the Platform, it will not be held liable instead of the manufacturer. The Provider will inform you of all cases of commercial guarantees provided by the manufacturer in an appropriate manner.
For the avoidance of doubt, the Provider has the right to refuse to accept the Product back and refund the price, also when: you have agreed with the existing defects, which he/she became aware of and/or found when opening the Product at the time of its receipt by courier, or in the cases, when the received goods are part of promotional conditions, in respect of which the Provider has explicitly informed You that the goods are not subject to exchange/return.
Each promotional Product will be explicitly marked as such and its old price will be clearly indicated. The duration of the promotions is determined by the Provider for each individual promotion, starting from the day specified in the price reduction notice, and is valid until the date specified therein or until stocks are exhausted, but for a period not longer than one month and not shorter than one business day.
IV. Obligations of the parties
Both Parties undertake to comply with all commitments and obligations under these General Terms and Conditions and the applicable law. In this regard, each Party will hold the other one harmless against claims by any third parties filed for any reason related to the rights and obligations arising out of these General Terms and Conditions.
The Provider will not be held liable when a certain Product is not available or when its delivery is impossible due to force majeure, theft or loss, error in the order or the data you have provided. In these cases, however, the Provider will immediately contact you to find the best solution to this case.
The Provider undertakes to maintain reliable and accurate content, data or information of the Products offered through the Platform and guarantees that the Products meet the characteristics provided on the Platform. However, the Provider is not responsible for the information about the Products provided by any third parties.
Notwithstanding the foregoing, please, be informed that the photographs and descriptions of the Products on the Platform, although as close as possible to the real ones, have illustrative functions and it is possible to have some discrepancies with the actual appearance and content of the Product, and thus no complaints can be made on this basis.
The Provide is obliged to send You the purchase in a suitable package, and the Products shall be sealed when received by you. If you open the package at the moment of reception of the Products, this will be noted by the courier.
In the case in which the delivery is performed by courier and not by us, the Provider shall be deemed to have fully complied with its obligations at the moment of transmission of Your purchase to the courier. The Provider cannot be held liable for the incorrect or late delivery by the courier. You have the right to notify the Provider in case of underperformance by the courier, however this cannot be binding for the Provider.
In the absence of regulation or in case of any omissions, the Consumer Protection Act and the Electronic Commerce Act, as well as the Bulgarian applicable legislation as a whole will be applicable. Invalidity of certain provision of the General Terms and Conditions will not lead to general invalidity and invalidity of the document as a whole.
In case of conflict between these General Terms and Conditions and the provisions of any special contract between you and the Provider, the provisions of the special contract will prevail.
The provisions in these General Terms and Conditions related to the obligations of the Provider under the Consumer Protection Act are applicable and have effect only in relation to a buyer, who is a natural person.
VI. Applicable law
The issues related to the implementation and interpretation of these General Terms and Conditions and not settled herein will be regulated by the Bulgarian law.
For any violation of the rights granted to the customers under this law, the consumers and consumer associations have the right to submit complaints, reports and proposals to the supervision authorities responsible for consumer protection. For this purpose, each customer has the right to notify the Provider and directly contact the competent authority – Commission for Consumer Protection, which can be found at://kzp.bg/.
The Provider must consider and respond to each report and/or complaint for a dispute addressed to it for resolution and perform all its obligations under the Consumer Protection Act.
You have the right to refer all disputes with the Provider concerning the implementation of this contract to the Alternative Dispute Resolution (ADR) platform for out of court settlement at https://webgate.ec.europa.eu/odr/main/?event=main.home.show. In case of failure to reach an agreement for out-of-court settlement of the dispute, the parties may refer the dispute to the competent Bulgarian courts and the Commission for Consumer Protection.
Standard form for exercising of right of withdrawal from the Agreement
(please fill and send us the present form solely if you want to exercise your right of withdrawal from the Agreement)
– To: GRAND HOTEL MILLENNIUM SOFIA OOD, UIC:205948178, Sofia, P.O.B. 1463, 89В, Vitosha Blvd. Telephone: +359-2-445 7487, email: email@example.com
– By the present I inform you that I exercise my right of withdrawal from the concluded agreement for sale of the following goods/ services
– Ordered on/received on:
– Name of the consumer/s:
– Address of the consumer/s:
– Signature of the consumer/s (solely in case that the present form are I physical format):