TERMS OF DELIVERY
GENERAL TERMS
1.1.Simonas Cards operates websites (including mobile applications) (“Website”), for manufacturing and ordering (by order of end customers) of products with the purpose of sale.
1.2.Your legal relations are with the Website, through which you are performing online transactions, unless otherwise indicated.
1.3. The products offered through our Website were manufactured and/or branded by Simonas Cards.
2.1.These Terms of Delivery, including all kinds of policies or other conditions and rules to which this document refers, and which have been published on the Website, as amended from time to time (“Terms of Delivery”), shall govern the delivery on our part of the products displayed on our Website. Please read these Terms of Delivery carefully. Before completing your order you will be expressly asked to accept the Terms of Delivery in the version published on our Website at the time of your respective order. By accepting them you agree to be bound by the Terms of Delivery, in force as of the time of your order. If you do not accept them you shall not have the right to order from our Website.
2.2. We reserve the right to amend our Terms of Delivery at any time by publishing the amended Terms on our Website without any other notices. Any and all amendments shall apply only to new orders except as otherwise agreed. Before completing your order you shall be expressly asked to accept the General Terms and the Terms of Delivery in their versions published on our Website as of the time of your order. Please make sure you have reviewed the General Terms and the Terms of Delivery every time before completing your order. With their acceptance you agree to be bound by the General Terms and the Terms of Delivery in their respective versions published on our Website as of the time of your order.
3.1. We accept orders for manufacturing and we deliver products ordered through our Website(s) only to persons / end customers with address of delivery in European countries (“Serviced countries“). In case that you are outside a European country and wish to use the services offered by the Website, please send a letter of query to us through the contact form of the site. Simonas Cars shall inform you of the available options for ordering and delivery to the non-European country specified by you.
3.2. We are able to make any changes to the list of Serviced countries. If at some time a given Serviced country is outside the EU and you make an order through our Website with address of delivery in such a Serviced country outside the EU, you may become the subject of customs duties and taxes, which shall be charged upon arrival of the ordered product at the delivery address. In this case any such charges for customs release shall be borne by you. You may contact your local customs office in order to receive additional information. Please bear in mind that all such similar deliveries abroad may be opened and inspected by the customs authorities.
3.3. We reserve the right unilaterally to (i) limit the quantities that you may order, or for which we are accepting orders, including up to the reasonable quantities for use by an end customer and/or to (ii) limit or exclude the option to order products or services and/or to (iii) limit or exclude some of the available methods of delivery and payment for you, and/or to (iv) limit and delete (to the extent permitted by law) your account including, but not limited to, based on conduct or act you have performed on our Website if the access to or the existence of your account, or its use, may in any way cause damage to Simonas Cards, or if we establish discrepancies and/or violations of any of the regulations in our General Terms. In this case you may refer to the Customer Service Department through the contact information posted on our Website in order to receive information about our decision or act.
By accepting these Terms of Delivery you are confirming that you are a user who is at least 18 years old and that you are entitled to sign binding contracts on your behalf, as well as that all information provided and necessary for your purchase is correct, full and true as of the time of placing the order.
ORDER
4.1. Information regarding the peculiarities and the characteristics of the products is available on the pages of our Website. The content of the Website is not a proposal for signing a purchase-and-sales contract from the legal point of view, but an invitation to make a proposal. In the case that you place an order through our Website, your order shall constitute a proposal to us for the purchase of a product displayed on our Website. Your order must be accepted by us as described below.
4.2. An order may be placed only through our Website. In order to do this you will pass through a simplified process at the end of which you are confirming the order by pressing the button "FINALIZE". The button shall clearly state that the placement of the order leads to your obligation to pay it. Before confirming the order you will always be informed about the total price (including the price for delivery to the address specified by the User), which must be paid, and you shall always have the opportunity to check and eventually correct your order.
4.3. After you place the order you will receive a confirmation for receiving it and the registration of your order (“Confirmation for received order”). This does not mean that your order was accepted. Your order represents an offer to us for you to purchase a product posted on our Website. All orders must be accepted by us. The contract between you and us shall be executed only upon the acceptance of your order by us. The contract shall apply only to the products, for which we have accepted your order. We shall confirm the acceptance of your order by sending you a confirmation that the order for the manufacturing and delivery of the selected product was accepted. In case that we are unable to fulfill a contract due to lack of availability and/or impossibility to perform and manufacture a product, we shall inform you and shall reimburse the amount paid by you for this product, if any, in compliance with the regulations on the reimbursement of amounts, contained in the section treating you legal rights of refusal, specified in these Terms of Delivery.
4.4. Please bear in mind that only products posted on our Website with description of the product and with a sales price are intended for sale. Advertising materials, including, but not limited to, banners showing on our Website and/or in our channels in the social networks, aim only to promote the relevant trademark and do not create the obligation for Simonas Cards to have available or to make the relevant products shown in these advertising materials available for sale.
We may terminate the delivery contract without being liable for damages, by unilateral notice, in the following cases:
• the information provided by you on the Website is incomplete or false;
• failure on your part to observe our General Terms;
• Your activity on the Website causes or may cause damage of any kind to us, our affiliated companies or suppliers;
• the making of two unsuccessful attempts for delivery of one and the same product/s at the address specified by the User.
RETURN AND REFUSAL
5.1. In addition to your lawful right of refusal or your rights in case a given product is defective or in another way non-compliant with the agreed, we shall voluntarily give you the right to return / refuse the order of a product only if such a defect and/or non-compliance is due to the manufacturing of the products, and not to actions or omissions to act of third parties, including courier services, postal officers, etc.
5.2. This right to return/ refuse products shall not apply for products, which have undergone manufacturing under your specifications or which were obviously tailor-made.
5.3. You may return to us the product as soon as possible, but in no case later than 3 days from the date, on which the product was delivered to the delivery address specified by the User. You will have to bear the direct expenses for returning the products.
5.4. In the case that the criteria above are not covered, unfortunately we shall be unable to accept the returned product, and respectively shall not be able to reimburse you the paid amount. We reserve the right to demand the cost for second-time sending the product back to you.
5.5. In the case that we accept the return of the product, we must reimburse all payments received from you in connection with the returned product (except for the costs described in the next sentence) no later than 30 (thirty) days from receiving the returned product by us. We shall reimburse you for the costs incurred as a result of your choice of the cheapest way of delivery offered by us, but not the expenses as a result from a method of delivery chosen by you other than the cheapest offered by us.
5.6.The reimbursement of amounts shall take place by a bank transfer on a bank account specified by you.
5.7. If you wish to replace a product (for example a different size or another product), such a replacement shall be possible only within the “Order“ process.
5.8. Your right to return products pursuant to this section is separate from your lawful right to give up your order or your contract (see the section below).
6.1. Period for giving up
You have the legal right to give up an order or a contract within 14 days without giving any reason thereof. In order to observe the period for giving up it shall suffice to send a giving up message before the expiration of the period for giving up. The period for giving up shall expire 14 days after:
• the date of delivery, which means the date, on which you or a third party specified by you (other than the courier) have accepted and are physically in possession of the product; or
• in the case of more products ordered by one order and delivered separately: (i) the date, on which you or a third party (other than the courier) specified by you have accepted and are physically in possession of the last product, or (ii) the date, on which we inform you that we are unable to deliver the rest of the ordered products; or
• in the case of an order related to the delivery of a product consisting of numerous parts: (i) the date, on which you or a third party (other than the courier) specified by you, have accepted and are physically in possession of the last part, or (ii) the date, on which we inform you that we are unable to deliver the remaining parts.
6.2. Executing the right of refusal
You must inform Simonas Cards of your decision for refusal by an unequivocal statement. More precisely you may use one of the following options:
• Option 1 (refusal form): You may use the refusal form available on our Website, but this is not obligatory.
• Option 2 (letter or email): Send a letter by postal services or email to the Customer Service Department through the contact information posted on our Website, which shall contain your unequivocal statement of refusal. We recommend that you include (i) the order number (Order ID) or invoice number, (ii) bank account number / bank account holder, on which account the amount paid must be reimbursed and (iii) a clear declaration that you give up on the sales contract at issue.
6.3. Exceptions
You shall not be entitled to give up the contract if the ordered products have entered the production process according to your specifications or are obviously tailor-made.
6.4. Consequences from giving up
6.4.1. Reimbursement of the paid amounts: we shall reimburse you all the payments received from you in connection with the returned product (except for the costs described in the following sentences, and the cost for returning the product), no later than 30 days from the date, on which we were informed of your giving up. We shall perform such reimbursements of amounts by a bank transfer on a bank account specified by you, opened in the Serviced country and in the currency, in which the amount was paid. We shall be entitled to withhold the reimbursement of the amount until we receive the product back.
6.4.2. Product return: You undertake to send the products back to the return address no later than 14 days from the date, on which you have informed us of your refusal. The deadline shall be deemed met if you send us the product before the expiration of the 14-day period. You agree to return the product only by postal mail or by a courier. You may find the return address by contacting our Customer Service Department through the contact information posted on our Website.
6.4.3. Costs for returning the product: You will have to pay fully on your account the direct costs of returning the product to us.
6.4.4. Your responsibility: You shall be responsible for the lower value of the products as a result of handling them, other than the necessary for establishing the nature, characteristics and operation of the products.
DELIVERY
7. All deliveries shall be performed by a courier / shipper, chosen by Simonas Cards and pursuant to the terms of delivery of the relevant courier / shipper.
7.1. We intend to deliver within the expected period for delivery specified for a particular product on our Website. The expected period for delivery specified for individual products on our Website, is only indicative and approximate and does not cancel the 30-day period of delivery stated in this section. If we are unable to deliver within the 30-day period of delivery, we shall inform you by email. If within the extended period for delivery we once again are unable to complete the delivery, we shall inform you by email and to the extent permitted by law we shall agree with you the terms of delivery, if any.
7.2. Upon changing the parameters of the order, including quantities, changes to the design, characteristics of the product, etc., the period for delivery may be changed respectively.
7.2. We deliver the products, for which we have accepted your order, through a courier services company chosen by us, or if not specifically stated - through a courier / shipper and according to their terms of delivery. We deliver to the address you have provided. We shall not be held liable if the address is incorrect or incomplete.
7.3. The price for delivery shall be fully borne by you where this price shall be separately indicated before the procedure for placing the Order on our Website is finalized.
8. The ownership of the products, as well as the risk of loss or damage to the products, shall be transferred on to you after we receive the full payment of all amounts payable with respect to the products including, when applicable, the delivery charges, the processing charges or similar charges, if any. In the case of product return, the ownership of the product, as well as the risk of loss or damage to the products shall be transferred on to us after the fulfillment of our liability to reimburse the amounts according to these Terms of Delivery.
PRICE
9.1. The prices of the products shall be the ones posted on our Website as of the time of your order, except in the cases of obvious error. Upon subsequent changes to the parameters of the order, including quantities, changes to the design, product characteristics, etc., Simonas Cards shall inform you of the change in the price of the order (if there is such). The products ordered by you shall begin to be manufactured only after effectively paying the additional amount (if there is such) for the updated price.
9.2. The prices of the products are stated in the currency specified on the Website and they include VAT, in case that such is payable. The products shall be invoiced solely and only in the currency stated on the Website. We shall not be held responsible for any charges for exchange or conversion of currency, applied by the bank issuer of your credit or debit card. Such charges for currency conversions shall be borne by you.
9.3. Invoices shall be issued only in the name of the person who has placed the order.
9.4. The total price of the products, including VAT and any other costs or charges, applicable for your individual order (including expenses for delivery to the delivery address specified by the User), shall be displayed on our Website before the last step by which you may complete your order. Please bear in mind that in case the delivery address is a country outside the EU, you may become subject to customs duties and taxes, which shall be charged upon the ordered product reaching the delivery address. We have no control over such customs release charges and such charges shall be fully borne by you. You may contact your local customs office to receive additional information.
9.5. The prices of the products and other costs may be changed from time to time, but such changes shall not affect already placed orders.
9.6. Our Website contains a large number of products. We are unable to rule out the possibility, despite our best efforts, that some products may have incorrect prices. In the case that the correct price for the product is different from the price indicated, we shall inform you or shall contact you for instructions before delivery of the product, or shall refuse your order and shall inform you thereof.
PRICE DISCOUNTS
9.2.1. We may provide discounts for the products purchased from our Website according to the discount rules determined by us. The rules that apply to such discounts are available when the discount is displayed. Discounts may be provided under various forms (i.e. promotions, loyalty discounts, provided individually, occasionally or as a result of participating in a competition or a customer survey). You are not entitled to a discount unless we decide otherwise and you, respectively your order, shall comply with the respective rules for discounts.
9.2.2. Unless otherwise specified by us the discounts shall be deducted from the sum total of your next order. In the case of ordering several products (i) an equal percent discount shall be applied to each product of this order or (ii) a fixed discount shall be applied proportionally to each product from this order; in the case that the amount cannot be applied equally, the balance shall be applied to the products from the order one by one, until no discount is left.
9.2.3. When you return a product, which entitles you to reimbursement of the amount, regardless of the reason thereof (voluntary right to return the product, legal right of refusal, warranty), the price subject to reimbursement must be reduced by the value of the discount applied to the product, and only the actually paid amount shall be reimbursed.
9.2.4. The discount may not be provided in the form of cash or reimbursement of cash.
DELIVERY AND PAYMENT
9.3. You may use one of the methods of Delivery and payment specified on our Website under the terms described there, if any.
9.4. All payments (in their full amounts) in connection with placed orders must be effected in advance before the beginning of the fulfillment of the Order. In the case we are unable to fulfill the order of a requested product after you have made a payment, we shall reimburse the paid amount for this product, if any, pursuant to the regulations on reimbursement of payments from the section treating your legal right of refusal from these Terms of Delivery.
9.5. When you select a method of payment including a third party - supplier of payment services, you may be bound by the regulations and conditions and/or charges of such third party and you shall make the payment according to the regulations and conditions applicable between you and the third party supplier of payment services. We recommend that you check these regulations and conditions.
9.6. We reserve the right to unilaterally limit the methods available to you for delivery and payment. In the case that such limitation is applied to you and you wish to receive more information regarding it, you may contact our Customer Service Department.
9.7. We shall not be held responsible if a given method of delivery and payment including a third party-supplier of payment services, is not available or in another way is not operational.
9.8. We reserve the right to make changes to the available methods of delivery and payment and/or the conditions for them at any time by publishing the available delivery and payment methods of the Website without the necessity of another notice.
10.1. Simonas Cards shall not be held responsible for any impossibility of or delay in the performance if any obligations in connection with a given contract caused by events beyond our reasonable control (“Force major circumstances”). The force major circumstances shall include, but not limited to, civil insurrection, terrorist attack, war, fire, natural disaster, epidemic, impossibility to use on-ground or airborne delivery, or other means of public or private transport; impossibility to use public or private telecommunication networks; acts,laws, regulations or restrictions of any government.
10.2. Waiver of rights: No waiver of our rights in connection with these Terms of Delivery or with any clause of a executed contract shall be effective unless expressly specified as a waiver of rights and unless you were informed thereof in writing.
10.3. Division of clauses: If a court or a competent body decides that any of the clauses in these Terms of Delivery or sales contract is invalid, void or inapplicable according to the effective legislation, such clause shall be changed and interpreted in a way to best achieve the purposes of the original clause to the greatest extent permissible by law. The rest of the clauses shall remain in full force and effect.
10.4. Contract integrity: These Terms of Delivery and any documents (including in electronic form or published on our Website), to which these Terms refer, as well as all clauses of the sales contract constitute the entire agreement between you and us with respect to your order and the sales contract. No warranties, statements or motivations, oral or written, that are not contained in them, shall be binding either for you or for us unless mutually agreed in writing between us and you.
In some countries you have the opportunity to file an out-of-court complaint and the right to remedy, of which Simonas Cards is the object. You have the following options:
In the Republic of Bulgaria:
Commission for Consumer Protection, with principle office at 4A Slaveykov Sq., floor 3, Sofia, website: http://www.kzp.bg