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General Conditions
The present “General Conditions” determine the principles for conclusion of sale contracts via online store, ownership of the company Diana OOD (Ltd.) (www.diana-ltd.com).
They also determine the principles for fulfillment of the contracts, the rights and obligations of the online stores and the Customer, as well as the terms of the complaint procedure. Filling in a delivery order by the Customer and its submission is equal to the approval of the present document.
Main Sections:
§1. Parties under the deal
1.1. Every individual over the age of 18 may make a delivery order (request) from the online store, as well as every legal entity or organization having legal capacity by law, hereinafter referred to as Customer.
1.2. The other party under the deal is the company Diana”OOD (Ltd.) with head office address of management: Republic of Bulgaria, town of Blagoevgrad, 15, G. Izmirliev Sq., office 5, registered in the Commercial Register with the Registry Agency with UIC 811187662, VAT ID No. BG811187662, hereinafter referred to as “Online Store” or “www.diana-ltd.com ”.
§2. Definitions
· ‘Website/site’ is a particular spot in the global Internet, accessible via its Uniform Resource Locator (URL) under protocol HTTP, HTTPS or another standard protocol and containing files, programs, text, sound, picture, image or other materials and recourses;
· ‘Store’ – Online Store, operating under the address www.diana-ltd.com, ownership of Diana OOD (Ltd.), which offers products, listed in its offer via Internet;
· ‘Legal Entity, which manages the Store’ – the company Diana OOD (Ltd. , which is also owner of the Online Store www.diana-ltd.com;
· ‘Manufacturer’ is every individual or legal entity, whose activity is to manufacture goods in completed form. In the Store, manufacturer means every manufacturer of car tires, e.g. Bridgestone, Michelin, Continental, Goodyear, Vredestein, Pirelli, Yokohama, Mitas, KAMA, Kumho, any Chinese tyres and their submarks;
· ‘Customer’ – an individual over the age of 18, or a legal entity, who/which performs purchases in the Store;
· ‘Consumer’ is every individual over the age of 18 who acquires goods or uses services, which are not intended to perform trade or professional activity.
· ‘Sale price’ is the end price per piece or for a particular quantity of goods or for a service including the value added tax and all additional taxes and fees;
· ‘Business’ days – all days of the week, without the statutorily stated holidays;
· ‘Deadline for fulfilling an order’ – the period within which the Store prepares the order and transfers it to a courier for forwarding, according to the delivery method chosen by the Customer;
· ‘Deadline for delivery’ – the period for delivery of the goods to the Customer, with the mediation of a courier company. The period of delivery depends on the delivery method chosen by the Customer;
· ‘Online payment’ – fast and direct online transfer, performed by the Customer from a bank account, with the intermediation of a system, so called electronic transfer[1] ;
· ‘Advance payment (bank transfer)’ – payment performed by the Customer at a bank via online bank account, stationary or via mail;
§3. Offer
3.1. At www.diana-ltd.com we sell only new tires (promotions of stock availabilities, sales, etc. are performed following previous announcement).
3.2. All goods sold at the Store are NEW, free from physical and legal flaws, of full value and possessing full warranty of the manufacturer for a period of 24 months.
3.3. Any information, connected with the goods, including lists, leaflets and other information or advertising materials, furthermore, also the information included on the pages of the Store and addressed by Diana OOD (Ltd.) to the Recipient and the potential Customers does not constitute an offer in the meaning of the law, but solely an invitation for negotiations.
3.4. The pricelist, shown on the pages of the Store does not represent a commercial offer in the meaning of the Contracts and Obligations Act, but represents solely an invitation to start negotiations. (art. 13, par. 1 from COA).
§4. Price of the goods
4.1. All prices announced on the pages of the Store of Diana OOD are indicated in Bulgarian lev (BGN) or Euro (EUR), and include VAT in the amount of 20% according to the Bulgarian legislation.
For non-VAT-registered Greek legal entities and individuals, this rule will apply until DIANA OOD (Ltd.) is required to register for VAT in the EU member state.
For customers holding a valid identification number for VAT purposes issued by Greece, a zero rate of VAT applies under the conditions of intra-community delivery and reverse charge of VAT according to Bulgarian legislation.
4.2. The price indicated at the product is valid at the moment of submitting the purchase order by the Customer.
4.3. The Customer pays the purchased product, as well as the expense for its delivery. The delivery of car-, light truck-, 4x4 tires shall be made by one of the following courier companies /Speedy, OK Express and Transpress/ only to the address of the customer in the territory of Bulgaria. The price for delivery of one tire is BGN 7.00 including VAT and is valid for all cities and villages.
Ordered Online, car, bus, SUV and truck tires delivered via some of the above-mentioned courier companies to an address specified by the Customer shall be returned to Diana OOD (Ltd.) after the expiration of 48 hours after the customer has been notified by the courier and has not received the order.
The delivery to Greece is carried out with the company Speedy AD and includes the following types of tires: light, light-duty (bus) and SUV (4x4) tires.
Diana OOD (Ltd.) is not responsible for longer delays in shipments by courier companies
4.4. Recommended price from a supplier / base price / is the basis from which the discounts for cardholders in the loyalty partner programs are formed.
§5. Orders
5.1. The store of Diana OOD (Ltd.) accepts orders in two ways: via the webpage, accessible at www.diana-ltd.com and via email.
5.1.1. Orders at the Online Store www.diana-ltd.com can be placed 24 hours a day, 7 days a week via the webpage. For the correct placement of an order, it is necessary that the customer possesses a personal email and telephone number for connection. This is the simplest, fastest and the most accurate way for placing an order. The delivery order of the chosen goods can be placed through adding the goods in the basket and filling in the relevant registration form or fast order without registration.
The order via the webpage of the Store www.diana-ltd.com consists of the following stages:
· choice of goods from the presented ones on the webpage of the Store;
· choice of a payment method;
· filling in the relevant registration form or fast order without registration;
· clicking the button “Send”.
In reply to the placed delivery order, the Store www.diana-ltd.com automatically sends via email a copy of the placed by the Customer order. This represents a confirmation that a number was automatically given to the placed by the Customer order. Then, within 48 hours, the Store sends a message to the submitted by the Customer email address or contacts him/her in another way with the purpose of:
А) confirmation of acceptance of the order – in this case, the sale contract is concluded on the day of the confirmation,
B) refusal to accept the order – in this case, a contract is not concluded;
C) a proposition for change, submission of the so called counter offer – in this case, a conformation (approval) of the counter offer by the Customer is needed for the conclusion of a contract.
During the winter season (increased interest in purchasing tires in the period from September until the end of the year) and the summer season, the deadlines for delivery to the customer may be extended. Nevertheless, in respect of the customer, the time for realization of the order shall be within 5 working days, as the final deadline shall not be longer than 30 days.
5.1.2. The customer may also place a purchase order at email address: [email protected]. Such an order should contain name and surname of the person, his/her/its contact details (email address and telephone), address of the delivery and designation, quantity and price or the ordered goods. Besides the enumerated data, a valid VAT number should be additionally submitted, issued by the relevant EU member state (this only concerns the legal entities and individuals registered as freelancers/self-insured, and serves for the correct issuance of the invoice). The order shall be confirmed on our behalf via email or by phone.
5.2. After clicking “Send”, the Customer agrees with the “General Conditions” in their form as of the day of the purchase. This means also, that the Customer gives his/her/its consent for the use of the indicated by him/her/it personal data by the Store for realization of the goods, as well as, for their use with marketing-advertising purpose and with the purpose of collecting opinions of the quality of the rendered by the Store services.
5.3. With respect that in some cases a necessity of an order of tires from the manufacturers’ warehouses arises, the time for realization may be extended and it depends on the period of delivery from the manufacturer’s warehouse. In such cases, the Store shall advise the Customer for the estimated period of delivery. If the product may not be delivered within a 30-day period, Diana OOD (Ltd.) undertakes to advise the Customer of this, after which the customer may consent to extend the deadline of delivery. If the customer does not confirm the longer period, Diana OOD (Ltd.) shall reimburse the paid amounts, if such have been transferred.
5.4. The orders are realized in the order of their entry. Their realization depends on the number of the order. That is why we encourage you to submit orders via the webpage of the Store, which guarantees the automatic issuance of a number.
5.5. In case of a sale within the framework of promotions and sales, a limited quantity of goods is determined and the realization of the orders is performed in the order of submission until the expiration of the available goods, and according to the final deadlines determined for this form of sale.
5.6. A proof of a sale is issued to each order under the form of invoice and guarantee.
§6. Return of the goods
6.1. Right of withdrawal or replacement[8]
Pursuant to Art. 50 of the Consumer Protection Act, a Buyer, who has the status of a Consumer within the meaning of the Consumer Protection Act, has the right to withdraw from the contract from distance, or from the contract outside the commercial premises of the Seller, without giving a reason, without owing compensation or penalty and without owing any expenses, with the exception of the expenses provided for in art. 54, para. 3 and Art. 55 of the Consumer Protection Act, within 14 days, starting from the date on which the contract was concluded - in the case of a service contract; and in the cases of Article 228a, paragraph 3 of the Electronic Communications Act, starting from the date, on which the consumer confirms the agreement with the concluded contract; from the date of acceptance of the goods by the consumer or by a third party other than the carrier and specified by the consumer, or when the consumer has ordered many goods with one order that are delivered separately, starting from the date on which the consumer or a third party other than the carrier and specified by the consumer, accepts the last good; in case of multiple lots or parts - from the last lot or part; in contracts for regular delivery of goods, which takes place during a certain period of time, starting from the date on which the consumer or a third party, other than the carrier and specified by the consumer, accepts the first commodity.
The right of withdrawal may only be exercised if the following conditions are necessarily met: The tires have not been mounted and used. In order to exercise the right of withdrawal or replacement with other tires, the Consumer should notify Diana OOD of his/her/its name, geographic address and, if any, telephone number, fax and e-mail address, and of his/her/its decision to withdraw from the contract with an unequivocal application (for example, a letter sent by post, fax or e-mail). The Consumer may use the attached standard opt-out form, but this is not mandatory. In the case of exercising the right of withdrawal from a distance contract, the Consumer should send or hand over the goods and documents (warehouse receipt, invoice + receipt - if any) back to Diana OOD (Ltd.) no later than 14 days, starting from the date on which the Consumer has informed Diana OOD (Ltd.) about the decision to withdraw from the contract. All direct costs of returning the goods, incl. for transport, are entirely at the Consumer’s expense. Diana OOD has the right to postpone the reimbursement of payments until the goods are received back. Until the moment of handover of the goods by the Consumer to Diana OOD (Ltd.), the risk of its accidental loss or damage is borne entirely by the Consumer. To exercise your right of withdrawal or replacement with other tires, send a completed form before the expiry of the period of 14 days after you received the goods to e-mail: [email protected]; Sofia, Diana Tire Center, 268 Tsarigradsko Shose Blvd.
Attention!
Please note that you may not use goods that you have received before you decide to cancel the purchase. The right of withdrawal exists to allow you to view the product in the same way as in a store, not to use it for free for 14 days. You can find information about the above on the website of the European Commission, with the electronic address: http://europa.eu/youreurope/citizens/shopping/shopping-abroad/returning-unwanted-goods/index_bg.htm
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=BG
6.2. REFUNDS
In the event that the Consumer withdraws from the contract within 14 days from the date of the order, Diana OOD will refund the amount paid for the tires including the delivery costs. Refunds are made only and exclusively by bank transfer. The bank account holder must be the same one who ordered the tires. Diana Ltd. has the right to postpone the reimbursement of payments until the goods are received back. Until the moment of handover of the goods by the Consumer to Diana OOD (Ltd.), the risk of its accidental loss or damage is borne entirely by the Consumer.
6.3. Consequences of withdrawal
Upon withdrawal, which has entered into force, the goods and the payments, received by the parties, should be returned and refunded. If the products are returned in poor condition (the tires should not be mounted and used), the merchant may refuse to receive them back, as in this case, it retains the paid price and returns back the goods within 3 business days. Upon return, a protocol of findings is drawn up, which certifies the condition of the returned goods upon their receipt by a representative of Diana OOD (Ltd.).
Consumers have the right to file a claim, regardless of the commercial guarantee thus provided, according to the Consumer Protection Act, whereby the seller is responsible for the lack of conformity of the consumer goods with the sales contract according to the guarantee under Art. 33-36, 42, 43, 45-48 of the Provision of Digital Content and Digital Services and Sale of Goods Act.
§7. Order changes
7.1. The customer has the right to make changes to his/her/its order up to the moment of handing over the goods by the Store to the courier company. If the change is made after this moment, the customer is charged with the amount for return of the initially ordered goods in addition to the amount of delivery of the corrected order.
For changes, please, contact the Store through the contact form on the webpage, via email: www.diana-ltd.com, or by phone at the numbers, indicated on the webpage.
§8. Payment method
8.1. The payment for the goods can be effected by the Customer in the following methods:
8.1.1. Prior to handing over the goods to the Customer:
· Conventional bank transfer: After placing the purchase order with chosen mode of payment “Bank transfer”, the Customer receives a message by email with the number of the order. In this case, the deadline for realization of the order is extended since the Store is to wait for the means to be received into its bank account.
IBAN: BG30UNCR96601001577811
BIC: UNCRBGSF
UNICREDIT BULBANK AD
Europe branch
· Electronic transfer, payment with a bank card: Upon sending the purchase order of the given goods, the Customer makes the payment via еPay or EasyPay. This is the most secure and fastest way of online shopping. The means enter into the account of the Store at the moment of the order, which allows the goods to be sent straightaway.
8.1.2. The order shall be cancelled within 5 working days, if the amounts do not enter via a bank or the other methods provided for in item 9.1.1, as by transferring the amount the Customer gives his/her/its consent for advance payment under art. 53 from the Consumer protection act /Art. 53. (amended – State Gazette, issue 64 from 2007). The supplier does not have the right to accept advance payment, unless upon express consent of the Consumer for this./
8.1.3. At the moment of receiving the goods:
· Cash on delivery: In this case, the Customer pays the courier having delivered the goods. Proof for performing the payment to the courier is the bill of lading which accompanies the consignment.
8.2. In the cases of some less popular goods or such delivered by order, www.diana-ltd.com reserves its right of eventually requesting prepayment of the goods by the Customer in the amount of 30% of the value of the goods. For instance: Upon order of tires from the manufacturer’ warehouse which are not in stock at www.diana-ltd.com, the Store shall offer to the Customer to pay 30% of the price in advance, prior the delivery of the goods. In these cases, art. 25 from the VAT Act and art. 54 from the Regulation for the implementation of the VAT Act are applied for the occurrence of the tax event and the demandability of VAT.
8.3. The Store may agree with the Customer on other special conditions and forms of payments. In such a case, the conditions and the modes of payment, indicated in the order are in force, which order is confirmed by the Store as accepted for realization and fulfillment of all additional requirements, connected with the contract conditions or modes of payment (as well as payment in installments).
8.4. Tires on credit, through TBI Credit.
Any customer who wishes to purchase a product/s on credit through the online store should apply to a financial institution for the granting of credit.
Only a customer whose specific online order has a total online price (excluding the delivery price) equal to or greater than BGN 150 (one hundred and fifty) has the right to apply for a loan, regardless of the number and the unit online selling price of the goods included in the order. The application is made: only online, only through the website, www.diana-ltd.com by clicking on the "buy on credit" button, after which the prescribed procedure is followed.
The conditions with which the client must comply in order to be granted a loan are determined unilaterally by the financial institution, in accordance with its credit policy. Diana OOD does not participate in any way in the crediting of the purchase, as well as in any of the relationships related to crediting, including but not limited to the determination of the conditions for applying for credit, the approval or refusal of crediting, the determination of the conditions and term of the loan agreement, in case of default - in taking the actions provided for in the law related to forced execution, etc. Diana OOD is not a representative and does not perform intermediary activities in favor of any commercial bank.
The delivery of the product/s purchased on payment via the online store takes place only after Diana OOD (Ltd.) has been notified by the financial institution that the applicant has been approved subject to crediting in the full amount of the relevant order and after the customer has signed a contract, and a confirmation is received from the credit institution regarding this customer. The delivery period is from 1 to 3 working days and starts from the moment when Diana OOD (Ltd.) receives the notification under the previous sentence, the request for a consumer credit declaration and the insurance certificates, in case a secured credit is selected. The borrower prepares a copy of his identity card in advance, on which he/she writes "True with the original" in his/her own handwriting, and signs. The copy of the identity card is given to the courier.
Delivery is carried out on the basis of the data (name, surname and PIN, delivery address - work or current address) specified by the customer in the Consumer Credit Agreement. The receipt of the product/s is carried out personally by the person who concluded the credit agreement, after confirming his identity by presenting an identity document.
!!! Tires ordered through our website are sent only to the customer's address or the office of the courier company! If you want to buy tires from our center, do NOT place an order through the website, but visit the physical stores of the Seller!
§9. Delivery
9.1. The goods ordered in the Store are delivered to the Customer with the help of a courier company for the territory of the Republic of Bulgaria and Greece, as follows:
- for the territory of the Republic of Bulgaria - Speedy, OK Express and Transpress;
- for the territory of Greece - Speedy AD
9.2. The time for delivery includes:
· the time for preparation of the order (completion of the goods, payment method, issuance of a document for sale, packing a consignment)
· the time for delivery, depending on the chosen payment method. In case of payment through a bank, the deadline for realization of the order is extended, since the Store has to wait for the means to enter into its bank account. The deadline for execution of the order, which is indicated in the confirmation of the acceptance under the order execution by the Store, is the most probable. The final (obligatory) deadline for receiving is determined during the contacts of the Store’s employee with the Customer. The time for deliveries with cash on delivery and upon еPay or EasyPay does not depend on the payment method.
9.3. The declared by the Courier time for delivery of the goods on the territory of Bulgaria is 1-2 business day. In extraordinary cases of delivery to more distant addresses and small settlements, as well as when the day between the confirmation and the delivery is a holiday, the time for delivery can be extended up to 3-4 days.
9.4. The courier companies deliver consignments in the hours between 9,30 and 18,00 in week days and on Saturday from 9,30 up to 14,00 o’clock. The Store cannot determine or promise a precise hour of consignment delivery. A submission of the Customer’s workplace (name of the company), as well as, address for delivery of the consignment, guarantees a delivery between 9,30-17,30.
9.5. Delivery to the territory of Greece is carried out by the courier company Speedy AD. The delivery time declared by the courier is 3-4 business days. In exceptional cases of delivery to more remote addresses and small towns, as well as when the day between confirmation and delivery is a holiday in Greece or Bulgaria, the delivery deadline is the next business day. In these cases, the delivery time can be extended to 4-7 days.
9.6. Upon absence of the Customer from the address for delivery, the courier contacts the Customer and arranges second visit or another mode of handing over the consignment.
9.7. Bringing the consignment up to floors is not included in the obligation of the courier, especially of consignments with total mass over 31 kg. In these cases, the consignment is delivered to the gate of the building, on ground floor.
9.8. Prior to perform payment in cash to the courier, please, check whether the delivered goods comply with the placed delivery order. Checking the consignment upon receipt is obligatory condition for reviewing eventual claims of the Customer with respect to the integrity or quantity of the consignment during transportation.
9.9. When you pay in cash to a courier upon receipt of the goods, the proof for performing the payment is the bill of lading, attached to the consignment. It is a proof also for conclusion of a contract with the Store. The invoice is sent to the customer together with the bill of lading with the courier. According to DIRECTIVE 2006/112/ЕО OF THE COUNCIL dated November 28, 2006 regarding the common system of the value added tax, the invoice does not need a signature or a seal.
9.10. The Store is not liable for delays in the delivery, caused by the non-execution of the courier firms under the transportation service contract.
9.11. The Store is not liable for non-delivery of the goods, caused by faulty or imprecise mention of the address for delivery by the Customer.
§10. Guarantee and complaint for the product
10.1 Diana OOD (Ltd.) is not a manufacturer of the offered goods but only a merchant. The guarantee under review is provided by the manufacturer and on its account. The guarantee period is 24 months as of the date of purchasing the goods, for buyers – individuals or legal entities. The above guarantee is valid for five years for passenger cars, vans and 4x4 tires from the date of purchase for individuals, but for no longer than the time of tread wear as indicated by the Tread Wear Indicator (TWI).
10.2. The proof for purchase, i.e. the invoice, is the basis for reviewing the complaint. Upon submitting a complaint about the goods, the Customer should contact an operator, servicing the Store, via:
· contact form from the webpage;
· email to: [email protected] .
After you send the information, please, contact the Store at the following telephone number: +359 882 400 726.
10.3 The guarantee includes solely defects due to manufacturer’s fault, i.e. factory defects. One-side or partially worn out to the value TWI tire is considered as fully worn out and is not subject to guarantee.
10.4. The guarantee does not encompass defects caused by:
· mechanical damage (piercing, cutting);
· incorrect operation;
· incorrect mounting;
· poor technical condition of the motor vehicle.
10.5. Complaint tires are checked by a specialist of the manufacturing plant, of the specific brand, at our center in the city of Sofia - Botevgradsko shose. In the event that there is no center of ours in the city where you live, the tires, together with the purchase documents, are sent to the center in Botevgradsko shose or left at some other center. The courier costs of sending them to the center for a claim are borne by the buyer of the tires. The term for consideration of the complaint for individuals is 30 days from the date of acceptance of the advertised goods by the Store, and for companies - up to 3 months.
10.6. The complaints shall be recognized in every case of ascertaining a factory defect (poor execution, defects of the material or defects in the design). In the case of recognizing a complaint, the Customer receives goods without defects or receives monetary compensation in the amount of the sum paid for the purchased goods, depending on the percentage wear of the tire tread.
10.7. Diana OOD is not liable for loss of time and inconvenience, caused during the downtime of the car, as well as other damages, representing result of a defect of the product, and also for the performed complaint procedure.
§11. Secure shopping
12.1. Payment via the payment systems ePay or EasyPay.
www.diana-ltd.com offers to its Customers payment of the purchased goods through the card payment systems ePay or EasyPay. The advantage upon use of such payment methods is that the Store immediately receives the due sums and may send the purchased goods immediately, as well as, that at any one moment the Customer can renounce the purchase.
§13. Protection of personal data
(amended in force from 25.05.2018) Diana OOD processes the personal data of customers/consumers according to the Diana OOD Personal Data Protection Policy, published on the company's website and available at Diana OOD's retail outlets.
13.1. After submitting a request to the Store, the Customer consents to providing his/her personal data in the Store's database and to their processing for the purpose of fulfilling the contract. The submission of personal data by the Customer and the consent to their processing are necessary for the implementation of the order by the Store. The customer is responsible for submitting incorrect personal data.
13.2. If necessary, we may share your data with other companies, for example with the courier companies that will deliver the goods to you. These companies may only use your data in order processing and not for other purposes.
13.3. By accepting the terms and conditions and with your consent, we may use your email address to send you our newsletter, which you can opt out of at any time.
13.4. Use of Cookies
On the different pages, we use ‘Cookies’ so that the use of certain functions is allowed. These are small text files, which are stored on your computer. Most of the used by us ‘Cookies’ after the end of the browser session are erased by your hard disc (so called cookies per session). The so called long term ‘Cookies’ are used, as well. Upon another visit on our site they automatically will identify that you have been with us and what entries and settings you have preferred. You may object to the use of ‘cookies’ by choosing the appropriate settings of your browser, but we would like to note that in this case you would not be able to use completely all functions of this site.
13.5. Creation of an anonymous user profile for web analysis.
This website uses Google Analytics, this is a service for web analysis offered by Google Inc ("Google"). Google Analytics uses the so called “cookies” (text files) which are stored on your computer, so that they are able to analyze the use of the site. The information generated by the “cookies” for the use of this site, usually is transferred to a server of Google in the US and is being stored there. In case of activating IP – anonymity of this site – your IP address will be in advance restricted within the framework of the EU member states or other countries under the Treaty on the European Economic Community. Only in exceptional instances, the full IP address shall be transferred to a server of Google in the US and there it will be restricted. On the instructions of the owner of this site, Google will use this information for assessing the use of the site, in order to draw up reports on the activity of the website and on the provision of other services, connected with websites and Internet, in respect of the owner of the website.
Within the framework of Google Analytics, the provided by your browser IP - address shall not be entered along with other data by Google. Moreover, you can also ward off the collection of information from the “cookies” and the related to this data upon use of the site (including your IP – address) of Google, as well as the processing of this data by Google.
§14. Confidentiality Policy
Diana OOD (Ltd.) with head office: Republic of Bulgaria, town of Blagoevgrad, 15, G. Izmerliev Sq., fl. 1, OFFICE 5, registered with the Records Agency, UIC 811187662, with VAT No. BG811187662 and hereinafter referred to as “Owner”, is responsible for the confidentiality policy and the technical support of www.diana-ltd.com (hereinafter referred to as “Store”). The owner collects and stores the necessary data of the persons who use the web pages of the Store (“Consumers”), according to the Notice of confidential treatment of personal data /confidentiality declaration/, published on the company's website and available in Diana OOD's retail outlets. In the same time, the Owner takes care so that the information of the Consumers is not brought to the knowledge of third persons. This is prompted by our wish that the Consumers feel secure about the protection of their personal data, as in the same time, we also comply with the legal regulations.
All employees of Diana OOD (Ltd.) undertake not to disclose the information made known to them during the fulfillment of their duties and concerning the Customers of the company.
Diana OOD provides full access of the Store’ Customers to their personal data, as well as a possibility for their change or erasure, at any moment.
The Customer of the Store may, at any moment, remove his/her/its account or to renounce the receipt of information via email. In the administrative panel of the site, the Customer will find all the necessary tools for management of his/her/its user profile and the orders, including, an opportunity for checking the history of his/her/its orders and the connected payments.
The registration at www.diana-ltd.com is connected with submission of a limited amount of data and is fully free of charge and voluntary. The filling in of data is a matter of free wish and rationalized choice of the Consumer. The submission of incomplete or untrue data can lead to the impossibility to realize a given order.
The data submitted during the registration is processed only and solely with the authorization of the Consumer. Through filling in of the data, which is the basis for the realization of the order, the Buyer gives his/her/its consent for entering his/her/its data in the database of the Store, as well as for its processing by the owner with the purpose of realization of the order, including performing a check of the data related to the order, as well as with the purpose of informing on the stages under the realization of the order, and also, with the purpose of sending other information related to the Store and its offer. The submission of personal data by the Buyer is voluntary, but upon renouncing the submission of this data, this may lead to impossibility for submitting an order.
Upon registration for receiving periodic newsletters of the Store, the Consumer gives his/her/its consent for adding his/her/its address and email to the list of the recipients of newsletter in the Store. All email addresses sent to the Owner according to the legislation on data protection should not be provided to third persons. You can always decline the receipt of newsletters via the webpage www.diana-ltd.com.
By including you into our database, an opportunity is presented to us to make a marketing research, based on which we will visualize the needs of the Consumers and this will lead to better positioning of the Store and its offers. Hence, the competence and the awareness of the Store’s operator will be enhanced.
§15. Final Provisions
15.1. All entered on the pages of the Store descriptions and technical data of the products correspond to the information submitted by the manufacturer. We are not responsible for faulty submission of parameters and features of the goods or their sudden change by the manufacturer. The Store reserves its right of probable allowance of mistakes in the description of the products. The pictures are approximate and serve for presentation of the shown in them models. It has to be considered that the Store sells only tires and the wheel rims are used solely for visualization of the goods. Diana OOD (Ltd.) is not responsible for pictures and descriptions entered with the separate products.
15.2. The descriptions of the products and their pictures are taken from the database, which is ownership of Diana OOD (Ltd.). Whatsoever use of the information on products, derived from the database of Diana OOD, is forbidden.
15.3. The company Diana OOD (Ltd.) is not responsible for interruption of the connection upon using the online Store due to technical reasons (servicing, revision, replacement of the technician, etc.) or due to other beyond its control reasons.
15.4. The present General Conditions take effect on the day of their publishing on the pages of the Store with address: www.diana-ltd.com and are valid for unspecified period of time.
15.5. Details on the enumerated above activities, related to the realization of the services in the Store, are described in the rest of the portal’s sections and represent an integral part of the “General Conditions”.
15.6. Diana OOD (Ltd.) reserves its right to alter the present “General Conditions”. Any changes will take effect as of the date of their publishing on the pages of the Store. The orders, submitted prior to the date of entering changes to the present “General Conditions” are realized based on the records, which were valid on the day of submitting the order.
15.7. For the cases, which are not regulated by the present “General Conditions”, the relevant regulations of the Bulgarian legislation and other laws and acts, in relation to the activity and functioning of the online Store, are applied.
15.8. For these “General Conditions”, as well as for all legal relations between Diana OOD (Ltd.) and the Customer, the Civil Procedure Code of the Republic of Bulgaria is applied, excluding the application of the UN trade convention.
These General Conditions are valid as of their publishing on the site on 21.02.2017.
They also determine the principles for fulfillment of the contracts, the rights and obligations of the online stores and the Customer, as well as the terms of the complaint procedure. Filling in a delivery order by the Customer and its submission is equal to the approval of the present document.
Main Sections:
§1. Parties under the deal
1.1. Every individual over the age of 18 may make a delivery order (request) from the online store, as well as every legal entity or organization having legal capacity by law, hereinafter referred to as Customer.
1.2. The other party under the deal is the company Diana”OOD (Ltd.) with head office address of management: Republic of Bulgaria, town of Blagoevgrad, 15, G. Izmirliev Sq., office 5, registered in the Commercial Register with the Registry Agency with UIC 811187662, VAT ID No. BG811187662, hereinafter referred to as “Online Store” or “www.diana-ltd.com ”.
§2. Definitions
· ‘Website/site’ is a particular spot in the global Internet, accessible via its Uniform Resource Locator (URL) under protocol HTTP, HTTPS or another standard protocol and containing files, programs, text, sound, picture, image or other materials and recourses;
· ‘Store’ – Online Store, operating under the address www.diana-ltd.com, ownership of Diana OOD (Ltd.), which offers products, listed in its offer via Internet;
· ‘Legal Entity, which manages the Store’ – the company Diana OOD (Ltd. , which is also owner of the Online Store www.diana-ltd.com;
· ‘Manufacturer’ is every individual or legal entity, whose activity is to manufacture goods in completed form. In the Store, manufacturer means every manufacturer of car tires, e.g. Bridgestone, Michelin, Continental, Goodyear, Vredestein, Pirelli, Yokohama, Mitas, KAMA, Kumho, any Chinese tyres and their submarks;
· ‘Customer’ – an individual over the age of 18, or a legal entity, who/which performs purchases in the Store;
· ‘Consumer’ is every individual over the age of 18 who acquires goods or uses services, which are not intended to perform trade or professional activity.
· ‘Sale price’ is the end price per piece or for a particular quantity of goods or for a service including the value added tax and all additional taxes and fees;
· ‘Business’ days – all days of the week, without the statutorily stated holidays;
· ‘Deadline for fulfilling an order’ – the period within which the Store prepares the order and transfers it to a courier for forwarding, according to the delivery method chosen by the Customer;
· ‘Deadline for delivery’ – the period for delivery of the goods to the Customer, with the mediation of a courier company. The period of delivery depends on the delivery method chosen by the Customer;
· ‘Online payment’ – fast and direct online transfer, performed by the Customer from a bank account, with the intermediation of a system, so called electronic transfer[1] ;
· ‘Advance payment (bank transfer)’ – payment performed by the Customer at a bank via online bank account, stationary or via mail;
§3. Offer
3.1. At www.diana-ltd.com we sell only new tires (promotions of stock availabilities, sales, etc. are performed following previous announcement).
3.2. All goods sold at the Store are NEW, free from physical and legal flaws, of full value and possessing full warranty of the manufacturer for a period of 24 months.
3.3. Any information, connected with the goods, including lists, leaflets and other information or advertising materials, furthermore, also the information included on the pages of the Store and addressed by Diana OOD (Ltd.) to the Recipient and the potential Customers does not constitute an offer in the meaning of the law, but solely an invitation for negotiations.
3.4. The pricelist, shown on the pages of the Store does not represent a commercial offer in the meaning of the Contracts and Obligations Act, but represents solely an invitation to start negotiations. (art. 13, par. 1 from COA).
§4. Price of the goods
4.1. All prices announced on the pages of the Store of Diana OOD are indicated in Bulgarian lev (BGN) or Euro (EUR), and include VAT in the amount of 20% according to the Bulgarian legislation.
For non-VAT-registered Greek legal entities and individuals, this rule will apply until DIANA OOD (Ltd.) is required to register for VAT in the EU member state.
For customers holding a valid identification number for VAT purposes issued by Greece, a zero rate of VAT applies under the conditions of intra-community delivery and reverse charge of VAT according to Bulgarian legislation.
4.2. The price indicated at the product is valid at the moment of submitting the purchase order by the Customer.
4.3. The Customer pays the purchased product, as well as the expense for its delivery. The delivery of car-, light truck-, 4x4 tires shall be made by one of the following courier companies /Speedy, OK Express and Transpress/ only to the address of the customer in the territory of Bulgaria. The price for delivery of one tire is BGN 7.00 including VAT and is valid for all cities and villages.
Ordered Online, car, bus, SUV and truck tires delivered via some of the above-mentioned courier companies to an address specified by the Customer shall be returned to Diana OOD (Ltd.) after the expiration of 48 hours after the customer has been notified by the courier and has not received the order.
The delivery to Greece is carried out with the company Speedy AD and includes the following types of tires: light, light-duty (bus) and SUV (4x4) tires.
Diana OOD (Ltd.) is not responsible for longer delays in shipments by courier companies
4.4. Recommended price from a supplier / base price / is the basis from which the discounts for cardholders in the loyalty partner programs are formed.
§5. Orders
5.1. The store of Diana OOD (Ltd.) accepts orders in two ways: via the webpage, accessible at www.diana-ltd.com and via email.
5.1.1. Orders at the Online Store www.diana-ltd.com can be placed 24 hours a day, 7 days a week via the webpage. For the correct placement of an order, it is necessary that the customer possesses a personal email and telephone number for connection. This is the simplest, fastest and the most accurate way for placing an order. The delivery order of the chosen goods can be placed through adding the goods in the basket and filling in the relevant registration form or fast order without registration.
The order via the webpage of the Store www.diana-ltd.com consists of the following stages:
· choice of goods from the presented ones on the webpage of the Store;
· choice of a payment method;
· filling in the relevant registration form or fast order without registration;
· clicking the button “Send”.
In reply to the placed delivery order, the Store www.diana-ltd.com automatically sends via email a copy of the placed by the Customer order. This represents a confirmation that a number was automatically given to the placed by the Customer order. Then, within 48 hours, the Store sends a message to the submitted by the Customer email address or contacts him/her in another way with the purpose of:
А) confirmation of acceptance of the order – in this case, the sale contract is concluded on the day of the confirmation,
B) refusal to accept the order – in this case, a contract is not concluded;
C) a proposition for change, submission of the so called counter offer – in this case, a conformation (approval) of the counter offer by the Customer is needed for the conclusion of a contract.
During the winter season (increased interest in purchasing tires in the period from September until the end of the year) and the summer season, the deadlines for delivery to the customer may be extended. Nevertheless, in respect of the customer, the time for realization of the order shall be within 5 working days, as the final deadline shall not be longer than 30 days.
5.1.2. The customer may also place a purchase order at email address: [email protected]. Such an order should contain name and surname of the person, his/her/its contact details (email address and telephone), address of the delivery and designation, quantity and price or the ordered goods. Besides the enumerated data, a valid VAT number should be additionally submitted, issued by the relevant EU member state (this only concerns the legal entities and individuals registered as freelancers/self-insured, and serves for the correct issuance of the invoice). The order shall be confirmed on our behalf via email or by phone.
5.2. After clicking “Send”, the Customer agrees with the “General Conditions” in their form as of the day of the purchase. This means also, that the Customer gives his/her/its consent for the use of the indicated by him/her/it personal data by the Store for realization of the goods, as well as, for their use with marketing-advertising purpose and with the purpose of collecting opinions of the quality of the rendered by the Store services.
5.3. With respect that in some cases a necessity of an order of tires from the manufacturers’ warehouses arises, the time for realization may be extended and it depends on the period of delivery from the manufacturer’s warehouse. In such cases, the Store shall advise the Customer for the estimated period of delivery. If the product may not be delivered within a 30-day period, Diana OOD (Ltd.) undertakes to advise the Customer of this, after which the customer may consent to extend the deadline of delivery. If the customer does not confirm the longer period, Diana OOD (Ltd.) shall reimburse the paid amounts, if such have been transferred.
5.4. The orders are realized in the order of their entry. Their realization depends on the number of the order. That is why we encourage you to submit orders via the webpage of the Store, which guarantees the automatic issuance of a number.
5.5. In case of a sale within the framework of promotions and sales, a limited quantity of goods is determined and the realization of the orders is performed in the order of submission until the expiration of the available goods, and according to the final deadlines determined for this form of sale.
5.6. A proof of a sale is issued to each order under the form of invoice and guarantee.
§6. Return of the goods
6.1. Right of withdrawal or replacement[8]
Pursuant to Art. 50 of the Consumer Protection Act, a Buyer, who has the status of a Consumer within the meaning of the Consumer Protection Act, has the right to withdraw from the contract from distance, or from the contract outside the commercial premises of the Seller, without giving a reason, without owing compensation or penalty and without owing any expenses, with the exception of the expenses provided for in art. 54, para. 3 and Art. 55 of the Consumer Protection Act, within 14 days, starting from the date on which the contract was concluded - in the case of a service contract; and in the cases of Article 228a, paragraph 3 of the Electronic Communications Act, starting from the date, on which the consumer confirms the agreement with the concluded contract; from the date of acceptance of the goods by the consumer or by a third party other than the carrier and specified by the consumer, or when the consumer has ordered many goods with one order that are delivered separately, starting from the date on which the consumer or a third party other than the carrier and specified by the consumer, accepts the last good; in case of multiple lots or parts - from the last lot or part; in contracts for regular delivery of goods, which takes place during a certain period of time, starting from the date on which the consumer or a third party, other than the carrier and specified by the consumer, accepts the first commodity.
The right of withdrawal may only be exercised if the following conditions are necessarily met: The tires have not been mounted and used. In order to exercise the right of withdrawal or replacement with other tires, the Consumer should notify Diana OOD of his/her/its name, geographic address and, if any, telephone number, fax and e-mail address, and of his/her/its decision to withdraw from the contract with an unequivocal application (for example, a letter sent by post, fax or e-mail). The Consumer may use the attached standard opt-out form, but this is not mandatory. In the case of exercising the right of withdrawal from a distance contract, the Consumer should send or hand over the goods and documents (warehouse receipt, invoice + receipt - if any) back to Diana OOD (Ltd.) no later than 14 days, starting from the date on which the Consumer has informed Diana OOD (Ltd.) about the decision to withdraw from the contract. All direct costs of returning the goods, incl. for transport, are entirely at the Consumer’s expense. Diana OOD has the right to postpone the reimbursement of payments until the goods are received back. Until the moment of handover of the goods by the Consumer to Diana OOD (Ltd.), the risk of its accidental loss or damage is borne entirely by the Consumer. To exercise your right of withdrawal or replacement with other tires, send a completed form before the expiry of the period of 14 days after you received the goods to e-mail: [email protected]; Sofia, Diana Tire Center, 268 Tsarigradsko Shose Blvd.
Attention!
Please note that you may not use goods that you have received before you decide to cancel the purchase. The right of withdrawal exists to allow you to view the product in the same way as in a store, not to use it for free for 14 days. You can find information about the above on the website of the European Commission, with the electronic address: http://europa.eu/youreurope/citizens/shopping/shopping-abroad/returning-unwanted-goods/index_bg.htm
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=BG
6.2. REFUNDS
In the event that the Consumer withdraws from the contract within 14 days from the date of the order, Diana OOD will refund the amount paid for the tires including the delivery costs. Refunds are made only and exclusively by bank transfer. The bank account holder must be the same one who ordered the tires. Diana Ltd. has the right to postpone the reimbursement of payments until the goods are received back. Until the moment of handover of the goods by the Consumer to Diana OOD (Ltd.), the risk of its accidental loss or damage is borne entirely by the Consumer.
6.3. Consequences of withdrawal
Upon withdrawal, which has entered into force, the goods and the payments, received by the parties, should be returned and refunded. If the products are returned in poor condition (the tires should not be mounted and used), the merchant may refuse to receive them back, as in this case, it retains the paid price and returns back the goods within 3 business days. Upon return, a protocol of findings is drawn up, which certifies the condition of the returned goods upon their receipt by a representative of Diana OOD (Ltd.).
Consumers have the right to file a claim, regardless of the commercial guarantee thus provided, according to the Consumer Protection Act, whereby the seller is responsible for the lack of conformity of the consumer goods with the sales contract according to the guarantee under Art. 33-36, 42, 43, 45-48 of the Provision of Digital Content and Digital Services and Sale of Goods Act.
§7. Order changes
7.1. The customer has the right to make changes to his/her/its order up to the moment of handing over the goods by the Store to the courier company. If the change is made after this moment, the customer is charged with the amount for return of the initially ordered goods in addition to the amount of delivery of the corrected order.
For changes, please, contact the Store through the contact form on the webpage, via email: www.diana-ltd.com, or by phone at the numbers, indicated on the webpage.
§8. Payment method
8.1. The payment for the goods can be effected by the Customer in the following methods:
8.1.1. Prior to handing over the goods to the Customer:
· Conventional bank transfer: After placing the purchase order with chosen mode of payment “Bank transfer”, the Customer receives a message by email with the number of the order. In this case, the deadline for realization of the order is extended since the Store is to wait for the means to be received into its bank account.
IBAN: BG30UNCR96601001577811
BIC: UNCRBGSF
UNICREDIT BULBANK AD
Europe branch
· Electronic transfer, payment with a bank card: Upon sending the purchase order of the given goods, the Customer makes the payment via еPay or EasyPay. This is the most secure and fastest way of online shopping. The means enter into the account of the Store at the moment of the order, which allows the goods to be sent straightaway.
8.1.2. The order shall be cancelled within 5 working days, if the amounts do not enter via a bank or the other methods provided for in item 9.1.1, as by transferring the amount the Customer gives his/her/its consent for advance payment under art. 53 from the Consumer protection act /Art. 53. (amended – State Gazette, issue 64 from 2007). The supplier does not have the right to accept advance payment, unless upon express consent of the Consumer for this./
8.1.3. At the moment of receiving the goods:
· Cash on delivery: In this case, the Customer pays the courier having delivered the goods. Proof for performing the payment to the courier is the bill of lading which accompanies the consignment.
8.2. In the cases of some less popular goods or such delivered by order, www.diana-ltd.com reserves its right of eventually requesting prepayment of the goods by the Customer in the amount of 30% of the value of the goods. For instance: Upon order of tires from the manufacturer’ warehouse which are not in stock at www.diana-ltd.com, the Store shall offer to the Customer to pay 30% of the price in advance, prior the delivery of the goods. In these cases, art. 25 from the VAT Act and art. 54 from the Regulation for the implementation of the VAT Act are applied for the occurrence of the tax event and the demandability of VAT.
8.3. The Store may agree with the Customer on other special conditions and forms of payments. In such a case, the conditions and the modes of payment, indicated in the order are in force, which order is confirmed by the Store as accepted for realization and fulfillment of all additional requirements, connected with the contract conditions or modes of payment (as well as payment in installments).
8.4. Tires on credit, through TBI Credit.
Any customer who wishes to purchase a product/s on credit through the online store should apply to a financial institution for the granting of credit.
Only a customer whose specific online order has a total online price (excluding the delivery price) equal to or greater than BGN 150 (one hundred and fifty) has the right to apply for a loan, regardless of the number and the unit online selling price of the goods included in the order. The application is made: only online, only through the website, www.diana-ltd.com by clicking on the "buy on credit" button, after which the prescribed procedure is followed.
The conditions with which the client must comply in order to be granted a loan are determined unilaterally by the financial institution, in accordance with its credit policy. Diana OOD does not participate in any way in the crediting of the purchase, as well as in any of the relationships related to crediting, including but not limited to the determination of the conditions for applying for credit, the approval or refusal of crediting, the determination of the conditions and term of the loan agreement, in case of default - in taking the actions provided for in the law related to forced execution, etc. Diana OOD is not a representative and does not perform intermediary activities in favor of any commercial bank.
The delivery of the product/s purchased on payment via the online store takes place only after Diana OOD (Ltd.) has been notified by the financial institution that the applicant has been approved subject to crediting in the full amount of the relevant order and after the customer has signed a contract, and a confirmation is received from the credit institution regarding this customer. The delivery period is from 1 to 3 working days and starts from the moment when Diana OOD (Ltd.) receives the notification under the previous sentence, the request for a consumer credit declaration and the insurance certificates, in case a secured credit is selected. The borrower prepares a copy of his identity card in advance, on which he/she writes "True with the original" in his/her own handwriting, and signs. The copy of the identity card is given to the courier.
Delivery is carried out on the basis of the data (name, surname and PIN, delivery address - work or current address) specified by the customer in the Consumer Credit Agreement. The receipt of the product/s is carried out personally by the person who concluded the credit agreement, after confirming his identity by presenting an identity document.
!!! Tires ordered through our website are sent only to the customer's address or the office of the courier company! If you want to buy tires from our center, do NOT place an order through the website, but visit the physical stores of the Seller!
§9. Delivery
9.1. The goods ordered in the Store are delivered to the Customer with the help of a courier company for the territory of the Republic of Bulgaria and Greece, as follows:
- for the territory of the Republic of Bulgaria - Speedy, OK Express and Transpress;
- for the territory of Greece - Speedy AD
9.2. The time for delivery includes:
· the time for preparation of the order (completion of the goods, payment method, issuance of a document for sale, packing a consignment)
· the time for delivery, depending on the chosen payment method. In case of payment through a bank, the deadline for realization of the order is extended, since the Store has to wait for the means to enter into its bank account. The deadline for execution of the order, which is indicated in the confirmation of the acceptance under the order execution by the Store, is the most probable. The final (obligatory) deadline for receiving is determined during the contacts of the Store’s employee with the Customer. The time for deliveries with cash on delivery and upon еPay or EasyPay does not depend on the payment method.
9.3. The declared by the Courier time for delivery of the goods on the territory of Bulgaria is 1-2 business day. In extraordinary cases of delivery to more distant addresses and small settlements, as well as when the day between the confirmation and the delivery is a holiday, the time for delivery can be extended up to 3-4 days.
9.4. The courier companies deliver consignments in the hours between 9,30 and 18,00 in week days and on Saturday from 9,30 up to 14,00 o’clock. The Store cannot determine or promise a precise hour of consignment delivery. A submission of the Customer’s workplace (name of the company), as well as, address for delivery of the consignment, guarantees a delivery between 9,30-17,30.
9.5. Delivery to the territory of Greece is carried out by the courier company Speedy AD. The delivery time declared by the courier is 3-4 business days. In exceptional cases of delivery to more remote addresses and small towns, as well as when the day between confirmation and delivery is a holiday in Greece or Bulgaria, the delivery deadline is the next business day. In these cases, the delivery time can be extended to 4-7 days.
9.6. Upon absence of the Customer from the address for delivery, the courier contacts the Customer and arranges second visit or another mode of handing over the consignment.
9.7. Bringing the consignment up to floors is not included in the obligation of the courier, especially of consignments with total mass over 31 kg. In these cases, the consignment is delivered to the gate of the building, on ground floor.
9.8. Prior to perform payment in cash to the courier, please, check whether the delivered goods comply with the placed delivery order. Checking the consignment upon receipt is obligatory condition for reviewing eventual claims of the Customer with respect to the integrity or quantity of the consignment during transportation.
9.9. When you pay in cash to a courier upon receipt of the goods, the proof for performing the payment is the bill of lading, attached to the consignment. It is a proof also for conclusion of a contract with the Store. The invoice is sent to the customer together with the bill of lading with the courier. According to DIRECTIVE 2006/112/ЕО OF THE COUNCIL dated November 28, 2006 regarding the common system of the value added tax, the invoice does not need a signature or a seal.
9.10. The Store is not liable for delays in the delivery, caused by the non-execution of the courier firms under the transportation service contract.
9.11. The Store is not liable for non-delivery of the goods, caused by faulty or imprecise mention of the address for delivery by the Customer.
§10. Guarantee and complaint for the product
10.1 Diana OOD (Ltd.) is not a manufacturer of the offered goods but only a merchant. The guarantee under review is provided by the manufacturer and on its account. The guarantee period is 24 months as of the date of purchasing the goods, for buyers – individuals or legal entities. The above guarantee is valid for five years for passenger cars, vans and 4x4 tires from the date of purchase for individuals, but for no longer than the time of tread wear as indicated by the Tread Wear Indicator (TWI).
10.2. The proof for purchase, i.e. the invoice, is the basis for reviewing the complaint. Upon submitting a complaint about the goods, the Customer should contact an operator, servicing the Store, via:
· contact form from the webpage;
· email to: [email protected] .
After you send the information, please, contact the Store at the following telephone number: +359 882 400 726.
10.3 The guarantee includes solely defects due to manufacturer’s fault, i.e. factory defects. One-side or partially worn out to the value TWI tire is considered as fully worn out and is not subject to guarantee.
10.4. The guarantee does not encompass defects caused by:
· mechanical damage (piercing, cutting);
· incorrect operation;
· incorrect mounting;
· poor technical condition of the motor vehicle.
10.5. Complaint tires are checked by a specialist of the manufacturing plant, of the specific brand, at our center in the city of Sofia - Botevgradsko shose. In the event that there is no center of ours in the city where you live, the tires, together with the purchase documents, are sent to the center in Botevgradsko shose or left at some other center. The courier costs of sending them to the center for a claim are borne by the buyer of the tires. The term for consideration of the complaint for individuals is 30 days from the date of acceptance of the advertised goods by the Store, and for companies - up to 3 months.
10.6. The complaints shall be recognized in every case of ascertaining a factory defect (poor execution, defects of the material or defects in the design). In the case of recognizing a complaint, the Customer receives goods without defects or receives monetary compensation in the amount of the sum paid for the purchased goods, depending on the percentage wear of the tire tread.
10.7. Diana OOD is not liable for loss of time and inconvenience, caused during the downtime of the car, as well as other damages, representing result of a defect of the product, and also for the performed complaint procedure.
§11. Secure shopping
12.1. Payment via the payment systems ePay or EasyPay.
www.diana-ltd.com offers to its Customers payment of the purchased goods through the card payment systems ePay or EasyPay. The advantage upon use of such payment methods is that the Store immediately receives the due sums and may send the purchased goods immediately, as well as, that at any one moment the Customer can renounce the purchase.
§13. Protection of personal data
(amended in force from 25.05.2018) Diana OOD processes the personal data of customers/consumers according to the Diana OOD Personal Data Protection Policy, published on the company's website and available at Diana OOD's retail outlets.
13.1. After submitting a request to the Store, the Customer consents to providing his/her personal data in the Store's database and to their processing for the purpose of fulfilling the contract. The submission of personal data by the Customer and the consent to their processing are necessary for the implementation of the order by the Store. The customer is responsible for submitting incorrect personal data.
13.2. If necessary, we may share your data with other companies, for example with the courier companies that will deliver the goods to you. These companies may only use your data in order processing and not for other purposes.
13.3. By accepting the terms and conditions and with your consent, we may use your email address to send you our newsletter, which you can opt out of at any time.
13.4. Use of Cookies
On the different pages, we use ‘Cookies’ so that the use of certain functions is allowed. These are small text files, which are stored on your computer. Most of the used by us ‘Cookies’ after the end of the browser session are erased by your hard disc (so called cookies per session). The so called long term ‘Cookies’ are used, as well. Upon another visit on our site they automatically will identify that you have been with us and what entries and settings you have preferred. You may object to the use of ‘cookies’ by choosing the appropriate settings of your browser, but we would like to note that in this case you would not be able to use completely all functions of this site.
13.5. Creation of an anonymous user profile for web analysis.
This website uses Google Analytics, this is a service for web analysis offered by Google Inc ("Google"). Google Analytics uses the so called “cookies” (text files) which are stored on your computer, so that they are able to analyze the use of the site. The information generated by the “cookies” for the use of this site, usually is transferred to a server of Google in the US and is being stored there. In case of activating IP – anonymity of this site – your IP address will be in advance restricted within the framework of the EU member states or other countries under the Treaty on the European Economic Community. Only in exceptional instances, the full IP address shall be transferred to a server of Google in the US and there it will be restricted. On the instructions of the owner of this site, Google will use this information for assessing the use of the site, in order to draw up reports on the activity of the website and on the provision of other services, connected with websites and Internet, in respect of the owner of the website.
Within the framework of Google Analytics, the provided by your browser IP - address shall not be entered along with other data by Google. Moreover, you can also ward off the collection of information from the “cookies” and the related to this data upon use of the site (including your IP – address) of Google, as well as the processing of this data by Google.
§14. Confidentiality Policy
Diana OOD (Ltd.) with head office: Republic of Bulgaria, town of Blagoevgrad, 15, G. Izmerliev Sq., fl. 1, OFFICE 5, registered with the Records Agency, UIC 811187662, with VAT No. BG811187662 and hereinafter referred to as “Owner”, is responsible for the confidentiality policy and the technical support of www.diana-ltd.com (hereinafter referred to as “Store”). The owner collects and stores the necessary data of the persons who use the web pages of the Store (“Consumers”), according to the Notice of confidential treatment of personal data /confidentiality declaration/, published on the company's website and available in Diana OOD's retail outlets. In the same time, the Owner takes care so that the information of the Consumers is not brought to the knowledge of third persons. This is prompted by our wish that the Consumers feel secure about the protection of their personal data, as in the same time, we also comply with the legal regulations.
All employees of Diana OOD (Ltd.) undertake not to disclose the information made known to them during the fulfillment of their duties and concerning the Customers of the company.
Diana OOD provides full access of the Store’ Customers to their personal data, as well as a possibility for their change or erasure, at any moment.
The Customer of the Store may, at any moment, remove his/her/its account or to renounce the receipt of information via email. In the administrative panel of the site, the Customer will find all the necessary tools for management of his/her/its user profile and the orders, including, an opportunity for checking the history of his/her/its orders and the connected payments.
The registration at www.diana-ltd.com is connected with submission of a limited amount of data and is fully free of charge and voluntary. The filling in of data is a matter of free wish and rationalized choice of the Consumer. The submission of incomplete or untrue data can lead to the impossibility to realize a given order.
The data submitted during the registration is processed only and solely with the authorization of the Consumer. Through filling in of the data, which is the basis for the realization of the order, the Buyer gives his/her/its consent for entering his/her/its data in the database of the Store, as well as for its processing by the owner with the purpose of realization of the order, including performing a check of the data related to the order, as well as with the purpose of informing on the stages under the realization of the order, and also, with the purpose of sending other information related to the Store and its offer. The submission of personal data by the Buyer is voluntary, but upon renouncing the submission of this data, this may lead to impossibility for submitting an order.
Upon registration for receiving periodic newsletters of the Store, the Consumer gives his/her/its consent for adding his/her/its address and email to the list of the recipients of newsletter in the Store. All email addresses sent to the Owner according to the legislation on data protection should not be provided to third persons. You can always decline the receipt of newsletters via the webpage www.diana-ltd.com.
By including you into our database, an opportunity is presented to us to make a marketing research, based on which we will visualize the needs of the Consumers and this will lead to better positioning of the Store and its offers. Hence, the competence and the awareness of the Store’s operator will be enhanced.
§15. Final Provisions
15.1. All entered on the pages of the Store descriptions and technical data of the products correspond to the information submitted by the manufacturer. We are not responsible for faulty submission of parameters and features of the goods or their sudden change by the manufacturer. The Store reserves its right of probable allowance of mistakes in the description of the products. The pictures are approximate and serve for presentation of the shown in them models. It has to be considered that the Store sells only tires and the wheel rims are used solely for visualization of the goods. Diana OOD (Ltd.) is not responsible for pictures and descriptions entered with the separate products.
15.2. The descriptions of the products and their pictures are taken from the database, which is ownership of Diana OOD (Ltd.). Whatsoever use of the information on products, derived from the database of Diana OOD, is forbidden.
15.3. The company Diana OOD (Ltd.) is not responsible for interruption of the connection upon using the online Store due to technical reasons (servicing, revision, replacement of the technician, etc.) or due to other beyond its control reasons.
15.4. The present General Conditions take effect on the day of their publishing on the pages of the Store with address: www.diana-ltd.com and are valid for unspecified period of time.
15.5. Details on the enumerated above activities, related to the realization of the services in the Store, are described in the rest of the portal’s sections and represent an integral part of the “General Conditions”.
15.6. Diana OOD (Ltd.) reserves its right to alter the present “General Conditions”. Any changes will take effect as of the date of their publishing on the pages of the Store. The orders, submitted prior to the date of entering changes to the present “General Conditions” are realized based on the records, which were valid on the day of submitting the order.
15.7. For the cases, which are not regulated by the present “General Conditions”, the relevant regulations of the Bulgarian legislation and other laws and acts, in relation to the activity and functioning of the online Store, are applied.
15.8. For these “General Conditions”, as well as for all legal relations between Diana OOD (Ltd.) and the Customer, the Civil Procedure Code of the Republic of Bulgaria is applied, excluding the application of the UN trade convention.
These General Conditions are valid as of their publishing on the site on 21.02.2017.
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