Terms & Conditions | The Beach Towels Shop

Terms & Conditions на www.thebeachtowels.com

Please read these Terms & Conditions carefully before using this website. If you use this website, you are deemed to accept and agree to the stated Terms & Conditions and all other conditions announced on the pages of this website. If you DO NOT ACCEPT these terms, do not use this website!

Date of entry into force: 07 June 2024.
Date of last update: June 12, 2024.

I. SUBJECT

Art. 1 (1) These Terms & Conditions govern the relationship between users of the electronic (internet) pages and services located on the domain www.thebeachtowels.com, its subdomains, our Facebook page and other social networks (referred to as the “Site” for short) “Website”, “Website”) and apply to customers, natural persons (for short “You”, “Buyer”, “Customer”, “User”) who access the website or in our social network page administered from U.S. The present Terms & Conditions (also referred to as the Terms of Use and / or General Terms) of the site are directly linked to the Privacy Policy, Cookie Policy, Shipping (Shipping Policy), Product Returns ( RETURN AND EXCHANGE POLICY ), Disclaimer, which are considered integral part of them.

(2) For customers, legal entities (referred to as “Merchant Customer” for short), using the services and products offered on the Site, the General Terms and Conditions are mandatory, as the terms of contracts concluded with commercial companies can also be negotiated individually between the seller and the buyer.

Art. 2 You agree to comply with all provisions of these Terms & Conditions when using the Site.

II. SELLER DATA

Art. 3 THE BEACH TOWELS EOOD , Unified Identification Code (UIC): 207807895, with registered office and management address: Bulgaria, City of Sofia, represented by Simona Dimitrova Ivanova (for brevity below “Merchant”, “Seller”, “Site” , “We”), administers and manages the site www.thebeachtowels.com – an online store offering the conclusion of a contract of purchase and sale at a distance under the present Terms & Conditions.

Art. 4 You can contact THE BEACH TOWELS EOOD as follows:

(1) through the contact form on the Site ( https://thebeachtowels.com/contact-us/ );

III. DEFINITIONS

Art. 5 (1) “Client” / “User” – any natural or legal person who uses the Site in any way, including browsing it and or purchasing a product or service by ordering on the Site.

(2) “Customer – merchant” – any legal entity or other legal entity that uses the Site in any way, including by browsing it and or purchasing a product through an order on the Site.

(3) “Merchant “/ “Seller” is THE BEACH TOWELS EOOD.

Art. 6 “Account” / “Profile” – a section of the Site, formed by an email address and password, which allows the Client to use the services of the Site, in cases where an account is required for their use.

Art. 7 “Site” – means the website located at the following web address: www.thebeachtowels.com.

IV. GENERAL PROVISIONS

Art. 8 The general conditions of THE BEACH TOWELS EOOD are mandatory for all users and customers of the Site.

(1) Any use of the Site means that you have carefully read the Terms & Conditions, Privacy Policy, Cookie Policy, Shipping (Shipping Policy),
Product Returns ( RETURN AND EXCHANGE POLICY ), Disclaimer and all other Policies and rules published on the pages of the site https://thebeachtowels.com and you have agreed to abide by them unconditionally.

(2) The General Terms and Conditions may be changed unilaterally by THE BEACH TOWELS EOOD at any time by updating them. These changes are effective immediately and are binding on all customers and users of the Site.

(3) THE BEACH TOWELS EOOD has the right to make changes to the terms of use at any time at its own discretion or if they are imposed by virtue of an effective legal act.

(4) In any case of a change to the General Terms and Conditions, THE BEACH TOWELS EOOD informs its customers and users about this by publishing the changes on the Site. In this sense, you as users have an obligation to check for possible changes to the general terms and conditions of the website each time you use it.

(5) If any of the provisions of these Terms & Conditions for the use of the Site prove to be invalid or unenforceable, regardless of the reason for this, this does not entail the invalidity or unenforceability of the remaining provisions.

Art. 9 THE BEACH TOWELS EOOD makes every effort to maintain the accuracy of the information presented on the Site. However, given the possible technical errors or omissions in this information, THE BEACH TOWELS EOOD specifies that the images of the products are illustrative and indicative in nature, therefore the delivered products may differ from the images.

Art. 10 The characteristics or prices of the products described on the Site may be changed at any time. Due to technical reasons, it is possible that they contain errors, for which THE BEACH TOWELS EOOD apologizes in advance to its users and customers.

Art. 11 All goods, including those on promotion / discount, are sold and delivered while stocks last, even if this is not explicitly stated on the Site.

Art. 12 The site may contain links to other sites. The website is not responsible for the privacy policy of websites it does not administer, as well as for other information contained therein.

V. CONCLUSION OF CONTRACT

Place an order

Art. 13 (1) The User declares his desire to order / purchase a product / service through the Site by placing an order electronically, and this is possible with or without a profile registered on the Site. There is no obstacle to placing an order by e-mail, in which case you will receive an e-mail at the e-mail address specified by you. After confirming the General Terms and Conditions, your order will be considered completed.

(2) The user has the right, if he has reached the age of 18, to order all goods and services indicated on the Site, unless they are not available and only if according to the law the user is able to enter into binding contracts.

(3) When placing the order through the Site, the User has the right to choose the type, brand and model of the goods and their quantity, according to the options offered on the Site. It is possible that the system requires you to select other characteristics (for example, color or size) if the selected products/services are in different variations.

(4) After you have selected the products/services you want from the website, as well as their quantity, you should click on the “Buy” button.

(5) Before completing the order, you will be given the opportunity to choose the payment method and delivery conditions. You will also be obliged to provide data without which it is not possible for us to fulfill the contract. Such details are usually names, delivery address, telephone and email address, and invoice details – if you request one.

(6) Before completing an order, the Customer should make sure that he is ordering from a specifically selected product from the category in which he is interested. Separate and clear categories of reduced value goods may be available on the site due to a defect described in the listing, and when an unboxed or sample product is offered. This is explicitly stated in the announcement on the Site. All other products offered are new, unused and of the required quality.

Order confirmation

Art. 14 (1) The site will send a notification to the user to register the Order in his system, which does not mean acceptance, confirmation or commitment to its execution, but only a confirmation of the order received. This notification also contains information under Art. 47, para. 1 of the Consumer Protection Act, a respective extract from the present Terms & Conditions, as well as an extract from the order placed by you.

(2) The notification of acceptance and undertaking to fulfill the order is carried out by a courier when the goods have already been delivered to him by the seller. In this case, the courier acts on behalf of THE BEACH TOWELS EOOD. At its discretion, the merchant may notify the user by email or call.

(3) Until the notification under para. 2 The seller has the right not to deliver part or all of the goods or not to perform part or all of the services of the order for various objective reasons, including but not limited to the exhaustion of their stock availability. In all cases, the Site notifies the Customer of this by e-mail or by telephone. In this case, the sole responsibility of the seller is to return any previously received price of the goods or services.

Entry into force of the contract

Art. 15 (1) The distance sales contract between the Seller and the Customer is considered concluded at the moment the Customer receives notification from the courier that the goods are ready for delivery to the address specified by the Customer. In cases where the Seller has chosen to notify the Customer, the contract is considered concluded from the moment of receipt by his e-mail and / or by SMS sent to his phone of a notification that the Goods from the Order are ready to be sent or the Service can be provided.

(2) The sales contract concluded between the Customer and the Seller consists of the present Terms & Conditions, all other conditions announced on the site and any additional agreements between the Seller and the Buyer.

VI. ONLINE SALES POLICY

Art. 16 Access to the Site for the purpose of order registration is allowed to any customer. If desired, the Customer can register on the Site.

(1) The Site reserves the right, at its discretion, to limit the access of any customer until the order is completed and/or to any of the possible payment methods, if it considers that this would be detrimental to the Site or the Seller in any way is a way. In this situation, the Customer’s only right is to contact the “Customer Relations” department of the Site through the contact form or the coordinates indicated in Section II of these Terms & Conditions in order to be informed about the reasons that led to the application of the above measures. The site is not responsible for any damages that the customer has suffered or may suffer as a result of this decision, regardless of its correctness or validity.

(2) The customer has the right to publish opinions about goods and/or services, as well as to contact the Site at the addresses indicated in the “Contact” section. Comments or messages that contain profanity or inappropriate language will be removed from the Site or ignored. The seller reserves the sole right to approve and publish customer opinions on the site pages, as well as to ignore and/or remove them.

(3) Communication with the Seller can be carried out by contacting him directly, at the addresses specified in section II of these Terms & Conditions, as well as at the addresses in the “Contacts” section.

Art. 17 The Site may publish advertising or promotional information about the goods and/or services and/or about the promotions it offers on the Site for a certain period of time.

Art. 18 All prices of goods and/or services on the Site are final, are stated in Euros (EUR) and include all other taxes or fees required by law. The prices of the Goods and Services, announced on the site, do not include VAT. The standard way of paying them is at the time of ordering, through “Payment with Credit / Debit Card” and the options offered by Stripe. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number) and the security code associated with your payment instrument.
All payment data is stored by Stripe.
All transactions are integrated using Stripe and subject to Stripe’s Terms of Use and Privacy Policy.

Art. 19 In the case of online or bank payments, the seller does not bear any responsibility for any costs in connection with fees, commissions or other additional payments made by the buyer or his bank in connection with the transaction itself, as and in cases of currency exchange applied by the bank that issued the customer’s card in cases where the currency is different from EUR.

Art. 20 Payment by Credit / Debit card to the Site is accepted as an international payment by the banks in Bulgaria and according to their rules for working with cards and card payments for such transactions, some banks charge additional fees. The costs associated with such payments are solely for the buyer’s account. Therefore, the Site recommends its customers to check with their bank about possible additional fees that could be charged to them for online or bank payments for products sold by the Site.

Art. 21 All images placed on the platform have the sole purpose of creating a certain idea of the type of product/service offered, and not to represent it accurately. Accordingly, it is possible that some of the images of the goods or services on the platform (static/dynamic images/multimedia presentations, etc.) may not correspond to the appearance of the respective goods or may create a wrong impression of the service offered. Seller shall not be liable for such discrepancies.

Art. 22 The Customer undertakes and is responsible for ensuring that all data provided to the Site in connection with the order are true, complete and accurate as of the date of dispatch of the order.

Art. 23 By sending the order, the Customer allows THE BEACH TOWELS EOOD to contact him in any possible way, when this is necessary in connection with the order placed or the concluded Contract.

Art. 24 The seller has the right to refuse to fulfill (cancel) the order made by the customer / user, for which he should notify the customer / user.

Art. 25 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 issuing bank of the client / user of the transaction for online payment;
carrying out 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 / user in the Platform is incomplete and/or wrong.

VII. RIGHT OF REFUSAL AND EXCHANGE OF PRODUCT

Period of right of refusal and right of replacement

Art. 26 (1) Within a period of 30 /thirty days/ from the conclusion of the contract, when a service is ordered, respectively within a 30-day /thirty day/ period from receipt of the goods – when ordering goods, the Customer has the right to notify the Seller that refuses to order the goods/services from the Site, without giving any reason or reason for doing so and without owing penalties or other compensation to the Seller, except for the costs of returning the goods (when ordering goods).

(2) The Customer, who has requested a service from the Site, undertakes to pay the Seller and the corresponding amount for the service, in proportion to what has been performed up to the time of the refusal, in case he has stated at the time of the order that he wishes the performance of the service to begin immediately after the order. The Customer/User also owes the Seller compensation in cases where, upon exercise of the right of refusal, he has returned a product ordered from the Site that is damaged and the damage is not due to the normal testing of the product.

(3) The deadline for refusing an order, when it contains many goods delivered on different days, is 30 days, counting from the date on which the Buyer or a third party indicated by him, takes possession of (receives) the last goods from the order;

(4) The term for refusal of an order that consists of multiple lots or parts is 30 days, counted from the date on which the Buyer or a third party indicated by him enters into possession of the last lot or part;

(5) The deadline for canceling a subscription order, with which goods are regularly delivered for a certain period (for example, a subscription to receive a product every month) is 30 days, starting from the date on which the Buyer or a third party indicated by him enters in possession of the first goods;

(6) The right of refusal does not apply to the cases specified in Art. 31, as well as when any of the conditions specified in Art. 29 of these Terms & Conditions.

(7) Within 30 days of receipt of the order, the Customer has the right to replace the product with another of the same type within the terms stipulated in the preceding paragraphs and subject to compliance with the conditions and procedure in Art. 27 et seq. of these Terms & Conditions.

Notification of rejection

Art. 27 (1) The notification by the Customer that he is renouncing the contract or that he wishes to replace the received product with another, should be made within the period under Art. 26, in the following ways:

by completing and sending to the Seller the Standard Form published on the Product Returns page ( https://thebeachtowels.com/product-returns/ );

Returning the goods

Art. 28 (1) In case of refusal to order a product from the Site, as well as in the case of a request for a replacement, the Customer must return the product, together with the issued by THE BEACH TOWELS EOOD invoice and/or receipt issued by the Seller or the courier who delivered the goods to the address specified in Art. 4 of these Terms & Conditions.

(2) When returning the product, the Customer must indicate to the postal operator that he wants the service “Inspect the goods” from the recipient, as our department checks the condition of the goods before accepting them back.

(3) The return of the goods is at the expense of the Customer.

(4) The notification by the Customer that he renounces the contract or that he wishes to return the received product should be made within the period under Art. 27, in the following ways:

by completing and sending to the Seller the Standard Form published on the Product Returns page ( https://thebeachtowels.com/product-returns/ );
by filling in and sending by email from the order to the Seller a Standard form;

Validity of refusal/substitution request

Art. 29 The right of refusal, respectively the right of exchange, will be honored by THE BEACH TOWELS EOOD only if, along with the observance of the deadline for refusal/exchange and return, the actual return of the product and/or its accessories and accessories in its entirety, together with the receipt and / or the invoice for the sale and bearing the cost of the return, the Buyer ensures the return of the product / products in his / their original packaging, the product / products show no signs of use, the product / products or the packaging is not in a more damaged appearance than usual, soiled etc. and not with tags removed.

Refund of amount paid

Art. 30 (1) If the right of cancellation is exercised and there are prerequisites for its respect, the Site undertakes to refund the price paid under the contract concluded at a distance, from which the Customer has refused, within 30 (thirty) days from the date of which the latter has returned the relevant Product or from the date of providing proof of the return by the Customer, whichever is earlier. If the right to refuse to order services is exercised, the deadline for returning the amounts paid by the Customer is 30 /thirty/ days from the date of notifying the Seller of the right to refuse.

(2) The amount subject to reimbursement under para. 1 includes the price paid by the Customer for the goods.

(3) The Seller has the right to deduct from the value before the return a corresponding amount for the reduced value of the Product, if wear/damage to the same is found after the return, which are not due to its ordinary testing. The same applies if the commercial packaging is damaged in a way that goes beyond normal when the product is tried and the package is opened.

(4) Right to deduct from the value The Seller has also if the Customer has exercised the right to refuse a service at the time when its performance has begun and the Customer has agreed to start the performance of the service before the expiry of the right of refusal.

(5) The amount will be reimbursed as follows, without incurring any additional costs for the Customer, unless the bank serving him requires any fees:

Payments made with a debit or credit card – to a bank account provided by the Customer or by refunding the amount to the account from which the payment was made;

(5) If the right of exchange is exercised and the prerequisites for its respect are present, the Site undertakes to replace the product with another within 30 (thirty) days from the date on which the buyer returned the relevant Product or from the date of providing proof of the return by the Customer, whichever occurs earlier. In the event that the seller does not have the requested product and the same is not available, he offers the buyer another product, and with the consent of the buyer, the exchange is made with this other product, and in case of a price difference between the two products, the parties agree on the method of additional payment/refund of the selling price that formed the difference. In the absence of consent, the seller should reimburse the buyer the amount paid for the goods within the terms and under the conditions specified in the previous paragraphs of this provision.

Goods/services for which the customer has no right of refusal and exchange

Art. 31 The customer does not have the right to withdraw from the concluded contract or to request the replacement of a product with another, in the following cases:

in the provision of services, where the service has been fully provided and its implementation has begun with the express prior consent of the customer and confirmation by him that he knows that he will lose his right of withdrawal after the contract has been fully fulfilled by the seller;
in the delivery of goods or services, the price of which depends on fluctuations in the financial market that cannot be controlled by sellers, which may occur during the period for exercising the right of refusal;
when delivering goods made to the customer’s order or according to his individual requirements;
when delivering goods that, due to their nature, may deteriorate in quality or have a short shelf life;
in the delivery of sealed goods which have been unsealed after their delivery and cannot be returned for hygiene or health protection reasons;
upon delivery of goods which, after being delivered and due to their nature, have mixed with other goods from which they cannot be separated;
when delivering a product that is not serially produced, is not kept in stock, but is made individually and especially for the Customer;
upon delivery of goods that have been processed by the Customer;

Art. 32 In cases where the acceptance and execution of an order begins with the prior agreement of the Customer that he will lose his right of refusal and after receiving from the Customer a transfer (deposit) in the amount of not less than 50% of the total amount of the Order, the Customer , if he cancels the order, he automatically loses the amount paid in advance in full.

An extract from the law on the right of refusal can be found on the website of the relevant institution.

VIII. INTELLECTUAL PROPERTY

Art. 33. All content present on the Site, namely – the logo, along with the figures and text contained in it, inscriptions and images, video files, the content of the Terms & Conditions, are the property of THE BEACH TOWELS EOOD or third parties, of which THE BEACH TOWELS EOOD has obtained permission to reproduce.

Art. 34 THE BEACH TOWELS EOOD reserves all its rights to the intellectual property related in any way to the Site.

Art. 35 Certain products displayed on the Site have their own, specific and one-of-a-kind design owned by THE BEACH TOWELS EOOD, which is subject to copyright and intellectual property.

Art. 36 Users can use the content of the site only for the purposes of buying and selling. The use of the content for purposes other than those set forth in the Terms & Conditions is considered a violation of the present Terms & Conditions of the Site, as well as a violation of the intellectual property owned by THE BEACH TOWELS EOOD.

Art. 37 Every product and every service displayed and offered on the Site meets the European and national requirements concerning the specific product/service.

Art. 38 (1) The customer may copy, transfer and/or use the content only for personal non-commercial purposes and only in cases where this does not contradict the provisions of this chapter of this document and express written consent has been obtained from THE BEACH TOWELS EOOD.

(2) The site gives owners of other sites and users the right to publish links to the online store only when the reference is clear and unambiguous.

(3) It is prohibited to copy texts from the Site, to place them on other websites and online stores without the written consent of THE BEACH TOWELS EOOD or without citing the source by inserting the following text: “Source: online store / specify the domain of our Site/”, as the link should necessarily lead to our site – www.thebeachtowels.com

IX. ADVERTISEMENT

Art. 39 The moment the Client/User creates an account on the Site, he has the opportunity to express his consent to receive advertising messages. Consent to receive such messages can be made by any person by filling out the subscription form on the Site, sending a message/letter to the addresses indicated on the website or by marking a specially marked consent to receive advertising.

Art. 40 Opt-out of receiving advertising messages The Client/User can express at any time using the special link found in each advertising message, by changing the settings in his account or by contacting THE BEACH TOWELS EOOD in any other way from those specified in these Terms & Conditions and on the Site.

Art. 41 The refusal to receive advertising messages does not mean an automatic refusal of the given consent to enter into this contract.

X. PAYMENT

Art. 42 (1) The prices of the goods and services announced on the Site are final, as well as all other taxes and fees provided for in the current Bulgarian legislation. The prices of the Goods and Services announced on the Site do not include VAT. Orders from the site can be paid for in the following ways:

Payment by Credit / Debit Card and the options offered by Stripe – in this case the value of the ordered and delivered goods and/or services, including the value of delivery (unless it is free), the Customer undertakes to pay according to the instructions on the Site , the payment being considered completed only after the payment transaction has been confirmed;

(2) Other currently inactive payment methods. Orders from the site cannot currently be paid for in the following ways:

Payment by bank transfer – in this case, the value of the ordered and delivered goods and/or services, including the value of delivery (unless it is free), the Customer undertakes to pay to the bank account of the Seller specified in the generated invoice or to The site, and the payment is considered completed only after the same is confirmed and the corresponding amount has been transferred to the bank account of the Seller;

Payment in cash with cash on delivery – in this case the value of the ordered and delivered goods and/or services, including the value of delivery (unless it is free), the Customer undertakes to pay at the time of delivery to the courier carrying out the delivery of the ordered product, its full value, according to the confirmed order;

Art. 43 (1) The price, the method of payment and the payment term when issuing invoices are specified in each order. Orders of products offered by the Site worth more than BGN 5,000. will not be able to be paid on delivery, but must be paid in advance by bank transfer or by bank card, but only after clarifying the conditions for this with THE BEACH TOWELS EOOD.

(2) The seller will issue the customer an invoice for the goods ordered and delivered / services provided based on the information provided by the customer / user. When the latter has not indicated that he wants an invoice, THE BEACH TOWELS EOOD or the courier only provides a fiscal receipt for the sale made upon receipt of cash payment.

Art. 44 The customer is obliged to provide all the necessary information for the issuance of the invoice in accordance with the current Bulgarian legislation, in case such is required. He can do this when placing the order or later by sending a message to the Seller.

Art. 45 A customer who wishes to purchase a product through the online store by paying by bank transfer should contact THE BEACH TOWELS EOOD to clarify the possibility and conditions for this. This service may not be available for certain goods or for a certain period of time.

Art. 46 In order to correctly draw up the invoice for the relevant order, the customer is obliged to continuously update the data in his account / order. He must review the information provided in the relevant Order to ensure that it is complete, true and accurate.

Art. 47 The Website is likely to contain a large number of goods and it is possible that, despite our best efforts, some of the characteristics of the goods listed on the Website may be incorrect. If we discover an error in the price of the goods you have ordered, we will inform you as soon as possible. We will give you the opportunity to confirm your order at the correct price or cancel it.

Art. 48 THE BEACH TOWELS EOOD is not obliged to sell goods or services at incorrectly determined prices on the website.

Art. 49 Some offers may be subject to a maximum quantity that can be purchased by one customer. If applicable, this is detailed in the individual proposal.

XI. DELIVERY OF GOODS

Way of delivery

Art. 50 (1) The Seller undertakes to deliver the ordered and purchased goods himself or through a courier company to an address specified by the User/Customer or to an office of the courier company, or on location – in the physical store, depending on the Customer’s choice. In cases of door-to-door delivery, the customer must indicate the floor to which the products should be delivered in the address field in the electronic form on the Site designated for this purpose. Otherwise, delivery will be made to the building listed as the delivery address.

(2) THE BEACH TOWELS EOOD offer a FREE delivery option via Bulgarian Posts Plc. In some cases, a third-party supplier may manage our inventory and be responsible for shipping your products.
The delivery price is automatically calculated before the Customer completes his order, and the Customer in certain cases has the right during the order to choose which courier company will carry out the delivery (if such options are available), as well as whether it will be to his office or to his door at the address specified by the Customer.

(3) Payment of the delivery price is usually made together with payment of the order price, the time of payment and the method of payment being described in Section X. of the provisions of these Terms & Conditions.

(4) The site will carry out the delivery of the goods and the provision of the services in the territory and in the ways described in our page Shipping ( SHIPPING & DELIVERY POLICY ). We offer free international shipping on all orders.
In the event that there is more than one address stored in the customer’s account, the delivery will be sent to the one listed as primary.

(5) In cases where payment for delivery is required on the site, the Site has the right to provide that a delivery price is not owed by the Customer in the case of an order above a certain value. This circumstance will be indicated on the site and when placing an order.

Delivery time

Art. 51 (1) The maximum term of delivery of Orders from the date of confirmation by the Seller that the order will be fulfilled is:

Delivery dates:
– For European Union countries – from 5 to 10 working days ( ); – For the rest of the world – from 10 to 17 working days ( );
(*) Please note that for reasons beyond THE BEACH TOWELS EOOD’s control, your delivery may be delayed for some time, for which THE BEACH TOWELS EOOD is not responsible.

(2) Orders placed before 15:00 UTC are sent by the Seller according to the methods and terms described in our Shipping page ( SHIPPING & DELIVERY POLICY ), except for orders placed on Saturdays, Sundays and during public holidays, when the term of delivery is extended accordingly by the number of holidays.
In all cases, a delay in the specified delivery times is possible, of which you will be promptly notified by THE BEACH TOWELS EOOD.

(3) THE BEACH TOWELS EOOD reserves the right to unilaterally extend the delivery period by up to 7 working days without notifying you and to extend the delivery period by more than 7 working days with your prior consent.

(4) THE BEACH TOWELS EOOD is not responsible for delivery delays due to circumstances beyond THE BEACH TOWELS EOOD’s control, such as delays on the part of the delivery courier.

(5) THE BEACH TOWELS EOOD has the right to unilaterally extend the delivery period or refuse the delivery of goods in cases where the order is requested with payment by bank transfer and the payment is not verified on the Seller’s account.

Review for shipping defects

Art. 52 (1) Upon delivery of the Goods ordered from the Site, the Customer undertakes to carefully inspect them personally or through a third party authorized by him, accepting the same.

(2) In the event of external visible defects – possible damages, impacts and other damages detected during delivery, the Customer or the third party should sign a damage report in the presence of the courier, in which the report describes the detected defects and immediately, no later than later than 48 hours from delivery, should notify THE BEACH TOWELS EOOD of the findings.

(3) When the delivered goods clearly do not correspond to the ones ordered by the Customer and this can be established during a simple inspection of the delivered goods, you have the right within 48 hours to request from THE BEACH TOWELS EOOD that the delivered goods be replaced with ones that correspond to what has been done an application for the purchase of goods from you. Notification may be made in any of the ways listed in Section II of these Terms & Conditions or on the Site.

(4) Upon receipt of a notification under the previous paragraphs, the Seller will replace the damaged/non-conforming product within 7 /seven/ working days /excluding delivery/, except in cases where no product of the same type is available, for which THE BEACH TOWELS EOOD will inform you in due time.

Accepting the shipment

Art. 53 (1) Upon acceptance of the delivery by the Customer without comments, all and any subsequent claims for external visible defects of the goods received are unfounded and as such should not be satisfied. In the event that a damage report is not prepared and signed in the presence of the courier upon receipt of the goods and/or the Customer does not immediately notify THE BEACH TOWELS EOOD within 48 hours of delivery on the Online contact form indicated on the Site: https:// thebeachtowels.com/contact-us/ , The customer loses his right to bring the detected external visible defects in accordance with the sales contract.

(2) The above does not release the Seller from his obligation to offer goods and services corresponding to the sales contract and to provide the Customer with the rights arising from the legal guarantee described in the following section XII of these Terms & Conditions.

Art. 54 Upon delivery of the goods (except in cases of delivery of goods on payment), the Customer or a third party accepting the delivery to the address specified by the Customer is obliged to sign the accompanying documents. Any person who did not place the order, but accepts the goods upon delivery to the delivery address specified by the Customer, is considered a third party.

Art. 55 The seller will ensure the appropriate packaging of the goods and the sending of the accompanying documents. If by some chance the shipment does not contain a document or component required for the ordered product, please contact us and we will do our best to provide it to you as quickly as possible.

Unfounded refusal of the order

Art. 56 (1) In the event that the Customer is not found within the deadline for delivery to the address specified by him and/or access to the delivery address is not provided, THE BEACH TOWELS EOOD will consider this as an unjustified refusal of the order and shall be released from his obligation to deliver the ordered goods, and the Customer loses the opportunity to have the ordered goods delivered to him.

(2) THE BEACH TOWELS EOOD reserves the right to send to the electronic or physical address specified by the Customer a notification of an unclaimed shipment, as well as to claim the amount paid for the delivery and return of the goods (if any). The Seller and the Customer agree that the notice, when sent electronically, will be deemed to be in writing and received from the day of its sending by the Seller.

(3) In the above-mentioned cases, the Customer can confirm his desire to receive the goods even after the expiry of the delivery period, in which he was not found at the address, while, however, bearing all the costs of the subsequent delivery. In this case, a new delivery period starts to run accordingly from the moment of confirmation. The seller is released from the obligation to deliver if the ordered goods are no longer available.

(4) In the cases under Art. 56, para. 2 The Customer owes the Seller payment of the amount for delivery and return of the goods, starting from the day specified in the notification.

Art. 57 THE BEACH TOWELS EOOD is not responsible for damage to the goods during transport, if they were not intentionally insured by the Customer when placing the delivery request.

XII. WARRANTIES. RIGHT OF COMPLAINT

Inconsistency of the goods with the contract. Legal guarantee

Art. 58 (1) The seller offers all goods on the Site with a legal guarantee for compliance of the goods with the contract in accordance with the current legislation. A product conforms to the contract when it has the usual quality, functionality and purpose for this type of product.

(2) Any non-conformity of the consumer goods with the sales contract, which appeared up to 6 months after the delivery of the goods, is considered to have existed at the time of its delivery, unless it is proved that the non-conformity is due to other reasons for which the Seller does not respond. For the period after the 6-month period, the User must prove that the cause of the defect is the responsibility of the Seller.

Art. 59 There is no inconsistency of the goods with the sales contract in the following cases:

(1) the deviation/inconsistency is immaterial;

(2) The Customer had special requirements regarding the Product, which he did not indicate in writing to the Seller before the order, and the product does not correspond to these expectations of the Customer;

(3) the discrepancy is due to the nature of the goods and their normal wear and tear over time;

(4) the non-conformity is caused by improper operation/storage/use of the Goods, the product;

(5) At the conclusion of the contract (order), the customer knew or could not have been unaware of the discrepancy – for example, at the time of the order, the customer is informed by us that the product has certain discrepancies with the usual (for example, a product from a category on the site with re-evaluated goods, goods with a defect, unpacked goods, when it is clearly indicated on the Site that the goods have been discounted due to an existing defect or a specific circumstance;

(6) the non-conformity is visible and obvious and concerns the appearance of the goods (e.g. scratches) and could have been ascertained during a simple inspection of the Goods already upon acceptance of the goods (delivery) and despite this the Customer has not signed a damage report in front of the courier and or has not notified the Seller within the terms under Art. 61, para. 2, in conjunction with Art. 52 of these Terms & Conditions;

(7) the non-conformity appeared after the expiration date indicated on the packaging of the Goods;

(8) The Customer was aware of the discrepancy, the latter being clearly indicated by the Seller before the conclusion of the contract.

Complaint

Art. 60 (1) The customer has the right within the terms specified in art. 61, to submit a claim to the Seller for any non-conformity of the goods with the agreed upon/ordered/ when, after delivery, inconsistencies of the Goods with the sales contract are found, regardless of whether the manufacturer, the importer or the Seller has provided a commercial guarantee for the goods or service. A product/service corresponds to the order when it has the usual quality, functionality and characteristics for the respective product.

(2) Bringing the consumer goods into compliance with the sales contract by the Seller is free of charge for the Customer. He does not owe the cost of shipping the consumer product or the materials and labor associated with its repair, and he does not suffer significant inconvenience.

(3) When submitting a complaint, the user indicates the subject of the complaint, his preferred method of satisfying the complaint, preferred method of contact;

(4) Filing a complaint is not an obstacle to filing a claim.

(5) When submitting a complaint, the user must also attach the documents on which the claim is based, namely:

▪ receipt or invoice;
▪ protocols, acts or other documents establishing the non-compliance of the goods or services with the agreed upon;
▪ other documents establishing the claim by basis and amount.

(6) The complaint is submitted to THE BEACH TOWELS EOOD in the following ways:

▪ by completing and sending to the Seller the Standard Form published on the Product Returns page ( https://thebeachtowels.com/product-returns/ );

Deadline for lodging a complaint

Art. 61 Complaints about consumer goods/services can be filed within the following terms:

(1) up to 30 days from the delivery of the goods, but not later than establishing the non-compliance with the agreement, unless the non-compliance is obvious, in which case the terms specified in para. 2 of this provision;

(2) within 48 hours of acceptance of the Goods, when the non-conformity is external, visible and obvious and could have been ascertained during a certain inspection during or immediately after delivery;

(3) up to 14 days from the discovery of the non-compliance of the service with the agreed;

(4) The term ceases to run during the time necessary to reach an agreement between the seller and the consumer to resolve the dispute.

The warranty period starts from the date of receipt of the goods.

Art. 62 In cases where the claim is made outside the Seller’s premises, the Customer should send the goods to the Seller’s address. Delivery is at the expense of the Customer. Seller is not responsible for shipping costs.

Art. 63 If THE BEACH TOWELS EOOD has provided a commercial guarantee for the goods, supplementing the legal guarantee under Art. 58, and the term of the commercial guarantee is longer than the terms for presenting the claim, described in Art. 61, para. 1 and para. 2, the claim can be submitted until the expiry of the commercial guarantee.

Entering the complaint. Alignment

Art. 64 (1) THE BEACH TOWELS EOOD, when a complaint is filed, enters it in the Complaints Register, providing the Customer with the number and date of the complaint, as well as information on which employee accepted the same.

(2) Within 30 days of submitting the complaint, the Seller shall decide whether the complaint is justified or not.

Art. 65 In case of well-founded complaints, the Seller brings the goods into compliance with the sales contract within the period under para. 2. The goods are brought into conformity with the contract free of charge in one of the following ways at the discretion of the Seller according to the nature of the non-conformity:

(1) repair of the goods – All repairs of products purchased from the Site are carried out in Bulgaria in service centers authorized by the company, with original or functionally equivalent parts imported directly from the manufacturer or another manufacturer;

(2) replacement of the goods with a new one of the same type;

Art. 66 (1) If any of the actions specified in Art. 65, para. 1 and para. 2, proves to be impossible or inappropriate due to reasons such as impossibility of repair due to excessive repair costs exceeding the value of the goods or due to a substantial irreparable defect, impossibility of replacement due to lack of availability of the product, the Seller returns the value paid by the Customer for the goods and for its original delivery.

(2) Refund of the price of the Goods The Seller also owes in the following cases:

▪ goods that have already been repaired three times are also repaired within the period under Art. 61, para. 1, the goods showed non-conformity again;

▪ when he has not ruled on the complaint within the period under Art. 64, para. 2 of these Terms & Conditions;

Art. 67 (1) If the goods are unreasonably not repaired or replaced by the Seller within the period under Art. 64, para. 2, The customer has the right to cancel the contract and to be reimbursed the amount paid or to request a reduction in the price of the goods.

(2) The customer cannot claim to cancel the contract if the non-conformity of the consumer goods with the contract is insignificant.

(3) The customer has the right under para. 1 and when he is not satisfied with the resolution of the complaint by the Seller. The latter is obliged to satisfy the Customer’s request when, after having satisfied three complaints of the Customer by repairing the same product, within the period under Art. 61, para. 1, there is a subsequent occurrence of non-compliance of the goods with the sales contract.

(4) The customer cannot claim a refund of the amount paid or a reduction in the price of the goods when the merchant agrees to replace the consumer goods with a new one or to repair the goods within one month of the consumer’s complaint.

Unfounded complaint

Art. 68. The complaint is groundless and will not be honored when:

(1) was presented after the expiration of the terms under Art. 61, para. 1 and para. 2;

(2) any of the conditions in Art. 59;

(3) the Customer’s materials were used for the manufacture of the Product, which, due to their quality, led to a discrepancy in the finished product obtained from the materials;

(4) The buyer has not provided the documents under Art. 60, para. 5 and / or the product, accessories, components to the order;

(5) a repair has been carried out or an attempt has been made to carry out a repair and remedy a non-conformity by a person or service center not authorized by the Seller;

(6) modification or change of technical characteristics has been carried out and this has occurred without the knowledge and consent of the Seller and outside of a service authorized by the Seller and or contrary to these Terms & Conditions;

(7) there are damages caused by the Customer and or a third party for which the Seller is not responsible, as in cases where the defect is caused by other modules and devices used together with the warranty product;

(8) the physical integrity of the product and/or the warranty stickers, factory labels and seals intended to prevent unauthorized interference has been violated;

(9) in the case of chemical, electrical and/or other effects unrelated to the normal operation of the product, as well as when the defect is caused by circumstances for which the Seller is not responsible – malfunctions in the electrical network, electric shocks, lightning, lack of grounding, mechanical deformations, natural disasters, non-compliance with the specified requirements for the electrical supply, damage caused by water or moisture;

(10) the complaint relates to a product that was not purchased from the site (for example, you indicated that the product was purchased from us, but you sent us another product);

(11) in the event of a claim being made and returned by the Customer to satisfy the claim to the Seller, a product in poor condition, if the type of product indisputably indicates the Customer’s lack of due care, improper use and or maintenance of the product, due to which it can be concluded that the defect is caused by his fault (bumping, breaking, crushing the product and/or its components, traces of applied force against the product, dropping, pressing, etc.);

(12) There is no discrepancy (see Article 59 of the General Terms and Conditions);

Art. 69 (1) In the case of an unfounded complaint, the Seller informs the Customer in writing of his decision and releases himself from the responsibility to honor the complaint and deliver the goods in accordance with the contract.

(2) The repair / repair of products outside the warranty period or within this period, but in the event that the Seller’s obligation to bring the goods into compliance with the sales contract has been waived for any reason, is subject to payment by the buyer and is carried out within a period agreed between the parties.

An extract from the law regarding the right to claim and legal guarantee can be found on the website of the relevant institution.

XIII. TRANSFER OF OWNERSHIP

Art. 70 (1) Ownership of the goods will be transferred by the Seller upon their delivery to the Customer, after payment has been made by him.

(2) The delivery of the goods will be certified by the buyer’s signature on the transport document provided by the courier.

XIV. POSTING A COMMENT. QUESTIONS AND ANSWERS

Art. 71 Writing comments, questions and answers can be done by the Client, in the Reviews section of the products and/or in other places on the Site. Written statements can be either positive or negative and must relate to the features and usage of a product or service.

Art. 72 Each Customer, at the time of publishing a comment/question/answer in the specified sections, undertakes to comply with the following rules:

▪ to refer only to characteristics and/or the way of use of a particular product or service, avoiding information related to aspects that may change (eg price or promotional offers);
▪ to use appropriate speech, not containing offensive expressions or those that may affect the rights of a third party;
▪ to make sure that the information entered by him is realistic, correct, non-misleading and in accordance with the applicable laws, respecting including the rights of other persons – e.g. copyright, intellectual property rights, license rights or other proprietary rights, publicity rights or right of privacy;
▪ to use this service only to communicate or obtain additional details about a particular product or service from the site, without making references to other companies that promote the sale and purchase of goods/or services;
▪ not to provide or request, in any way or form, personal data (contact data, delivery address or residence, telephone numbers, e-mail addresses, first and/or last names, etc.) or other information that may led to the disclosure of this personal data. THE BEACH TOWELS EOOD is not responsible for such. THE BEACH TOWELS EOOD makes every effort to protect the personal data described in our Privacy Policy page;
▪ not to publish information and/or details about URLs (links/connections) from other sites.
▪ not to enter comments/questions/answers that contain materials of an advertising nature;

Art. 73 When a Customer reports that a comment/question or answer has inappropriate content, this content is carefully reviewed by THE BEACH TOWELS EOOD in order for the latter to determine whether it violates the terms of use of the Site. Published texts, photos or videos are approved and visualized on the Site only after verification by THE BEACH TOWELS EOOD. Published texts, photos or videos are removed from the Site only after verification by THE BEACH TOWELS EOOD and THE BEACH TOWELS EOOD reserves the right to unilaterally remove content at its discretion, without being obliged to justify it.

Art. 74 In the event that THE BEACH TOWELS EOOD finds a repeated violation of these terms of use, it reserves the right to limit the ability of the client/user to post comments/questions and answers, without being obliged to justify it.

XV. LIABILITY

Art. 75 The Seller shall not be liable for any damages suffered by the Buyer as a result of force majeure or circumstances beyond the Seller’s control.

XVI. PROCESSING OF PERSONAL DATA

Art. 76 (1) In accordance with the General Regulation on Data Protection (Regulation (EU) 2016/679) and Bulgarian legislation, THE BEACH TOWELS EOOD is the Administrator of personal data.

(2) THE BEACH TOWELS EOOD accepts the Privacy Policy, Cookie Policy and Disclaimer (and not only), which every Customer whose personal data is processed by THE BEACH TOWELS EOOD or to whom cookies are applied, should accept after becoming familiar with it.

Art. 77 By filling out forms (e.g. for order or contact) in the platform and providing the personal data accordingly, the Customer expresses his consent to the legal entities with whom he has entered into a contract regarding the offered Goods to process his personal data for inquiries contained in the database.

Art. 78 The Customer’s personal data may be provided to the prosecutor’s office, the police, judicial institutions or other state bodies, on the basis and within the framework of the legal provisions and as a result of an explicit request made by them for this.

XVII. GOVERNING LAW – JURISDICTION

Art. 79 Disputes arising between THE BEACH TOWELS EOOD and Customers and/or Users will be resolved by mutual agreement or if this is impossible, disputes will be resolved in accordance with Bulgarian legislation, unless the parties have agreed otherwise.

Art. 80 Individual customers can use the European Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/odr, which is a single access portal that allows consumers and traders in the EU to resolve disputes. among themselves.

XVIII. CORRESPONDENCE BETWEEN THE PARTIES

Art. 81 The Seller and the Customer agree that the following are accepted for contact between the parties:

(1) About the Seller THE BEACH TOWELS EOOD:

via online contact form: https://thebeachtowels.com/contact-us/ ;

(2) For the Buyer:

through the telephone number specified by him in the Order/Correspondence;
by email specified by him in the Order/Correspondence;
by letter to the address indicated by him in the Order/Correspondence;
via social networks (for inquiries from such platforms);

Art. 82 Notifications and messages that the parties exchange with each other via electronic mail (email) are considered to be in writing and the parties give them the effect of a written document.

XIX. BODIES REGULATING THE ACTIVITY

Art. 83 The bodies regulating the activity of THE BEACH TOWELS EOOD are the Consumer Protection Commission /KZP/ and the Commission for Personal Data Protection (KZLD), with the following coordinates:

Consumer Protection Commission

Website: www.kzp.bg
Contact phone: +359 700 111 22
Email address: [email protected]
Address: Bulgaria, Sofia 1000, 1 Vratsa Street, floors 3, 4, and 5

Commission for Personal Data Protection

Website: www.cpdp.bg
Contact phone: +359 2 91-53-519
Email address: [email protected]
Address: Bulgaria, Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.

Quick links

About