The present “General Conditions” determine the principles for conclusion of sale contracts via online store, ownership of firm “Diana” OOD (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 provisions of the claim procedure. Filling in a delivery order on behalf of the Customer and its sending is equal to the approval of the present Regulation.
§1. Parties under the deal
1.1. Every natural person over the age of 18 can make a delivery order 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 firm “Diana” OOD with head office address of management: Republic of Bulgaria, town of Blagoevgrad, 15, G. Izmerliev Sq., office 5, registered in the Commercial Register with the Records Agency with UIC under Bulstat 811187662, with VAT ID No. BG811187662, hereinafter referred to as “Online Store” or “www.diana-ltd.com ”.
· 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, programmes, text, sound, picture, image or other materials and recourses;
· Store – Online Store, active with address www.diana-ltd.com, сownership of “Diana” OOD, which offers products, listed in its offer via Internet;
· Legal Entity, which manages the Store – firm “Diana” OOD, which is also owner of Online Store www.diana-ltd.com;
· Manufacturer is every natural person or legal entity, which 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 and their submarks;
· Customer – natural person over the age of 18 or legal entity, which performs purchases in the Store;
· User is every natural person 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;
· Working 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 gives them to a courier for forwarding, according to the chosen by the Customer mode of delivery;
· Deadline for delivery – the period for delivery of the goods to the Customer, with the mediation of a courier firm. The period of delivery depends on the chosen by the Customer mode of delivery;
· 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;
· Advance payment (bank transfer) – payment performed by the Customer at a bank via online bank account, stationary or via mail;
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 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 Obligations & Contracts Act, but represents solely an invitation to start negotiations. (art. 13, par. 1 from OCA).
§4. Price of the goods
4.1. All prices announced on the pages of the Store of “Diana” OOD are indicated in Bulgarian levs (BGN)/ Romanian Leu (RON) and Euro (EUR), and include VAT in the amount of 20% according to the Bulgarian legislation.
For the Romanian legal entities natural persons not registered under this order shall apply until the obligation arises for DIANA to register under VAT in the EU member state.
For customers possessing valid identification number for VAT purposes, issued from Romania and Greece, zero VAT rate is applied under the conditions of Inter-community delivery and reverse charge of VAT, pursuant to the 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 to the address of the customer or an office of the courier firm Speedy, on the territory of Bulgaria, Romania and Greece is free of charge.
5.1. The store of “Diana”OOD accepts orders in two: via webpage, accessible at address www.diana-ltd.com and via email.
5.1.1. Orders at the Online Store www.diana-ltd.com can be placed continuously around-the-clock, 7 days a week via the webpage. For the correct placement of an order, it is necessary that the customer possesses own 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 mode of payment;
· 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) a confirmation for accepting the order – in this case, the sale contract is concluded on the day of the confirmation,
B) a refusal from accepting 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) and the summer season, the deadlines for delivery to the customer can 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 cannot be longer than 30 days.
5.1.2. The customer can place a purchase order, also at email address: firstname.lastname@example.org. Such an order should contain name and surname of the orderer, 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 free lance persons, 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 can 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. Should the product cannot be delivered within a 30-day period, Diana OOD undertakes to advise the Customer of this, after which the customer can give his/her/its consent to extend the deadline of delivery. In case the customer does not confirm the longer period, “Diana” OOD shall reimburse the paid amounts, if such had 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 availabilities run dry, and until 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
Every user has the right to renounce the purchased goods at our store www.diana-ltd.com and to return them on his/her/its account within 7 (seven) working days as of the date of receipt. This is a right provided according to art. 55, par.1 from the Law on the user’s protection.
For this purpose, send the attached form filled in, prior to expiration of the period of 14 days, once you have received the goods:
· via email to: email@example.com;
· via fax to number: 02/814 8 179 or
· to 268, Tsarigradsko shose, Centre for tires Diana, city of Sofia
The whole delivery or a part of it is subject to return. It is not necessary that you declare the reason for the return! The goods are to be preserved with the care of a good owner, according to art. 45 from the Law on the user’s protection and returned in the condition in which they had been received. With the purpose of improving the quality of the service, we ask you to notify us about the grounds on which you have decided to return the purchased goods.
The return of the amount is made within a period of 30 days as of the receipt of the goods at our warehouse. We shall notify you about the acceptance of the goods via email. The money is refunded into the indicated by you in the form bank account.
Upon a filled in form, we take into consideration two exceptions, for which the waiver is not applicable:
· when the delivery concerns goods, made by specification of the customer. This includes all deliveries of tires, which we perform according to individual orders of our customers, and
· when the customer is a legal entity, i.e. it is not user in the meaning of §13, par.1 from the transitional and final stipulations of the Law on the user’s protection.
6.2. Consequence from a renouncement
Upon entered into force renouncement, 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 driven), the merchant can refuse to receive them back, as in this case, it retains the paid price and returns back the goods within 3 working days.
Upon return, a statement of findings is drawn up, which certifies the condition of the returned goods upon their receipt by a representative of “Diana” OOD.
§7. Changes to the orders.
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 firm. Should the change is made after this moment, the customer is charged by 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. Priceof the delivery
8.1. The delivery of car-, light truck-, 4x4, and truck tires to the address of the customer or an office of the courier firm Speedy, on the territory of Bulgaria, Romania and Greece is free of charge.
§9. Mode of payment
9.1. The payment for the goods can be effected by the Customer in the following modes:
9.1.1. Prior to handing over the goods to the Customer:
· Conventionalbanktransfer: 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.
· Electronictransfer, paymentwithabankcard: Upon sending the purchase order of the given goods, the Customer makes the payment viaеPay 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.
9.1.2. The order shall be cancelled within 5 working days, should amounts do not enter via a bank or the other provided for in item 9.1.1 modes of payment, as by transferring the amount the Customer gives his/her/its consent for advance payment under art. 53 from the Law on the users’ protection (LUP) Art. 53. (amended – State Gazette, issue 64 from 2007) (1) The supplier does not have the right to accept advance payment, unless upon express consent of the user for this.
9.1.3. At the moment of receiving the goods:
· Cashondelivery: 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.
9.2. 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 on 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 Obligations & Contracts Act and art. 54 from VAT Law are applied for the rise of the tax event and VAT recoverability.
9.3. The Store can 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).
10.1. The goods ordered at the Store are delivered to the Customer by the help of the courier firm SPEEDY AD on the territory of the Republic of Bulgaria,Romania and Greece.
10.2. The time for delivery includes:
· the time for preparation of the order (completion of the goods, mode of payment, issuance of a document for sale, packing a consignment)
· the time for delivery, depending on the chosen mode of payment.
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 mode of payment.
10.3. The declared by the Courier time for delivery of the goods on the territory of Bulgaria is 1 working 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 2-3 days.
10.4. The courier firm delivers consignments in the hours between 9,30 and 18,00 h. 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 firm), as well as, address for delivery of the consignment, guarantees a delivery between 9,30-17,30 hours.
10.5. The delivery to Romania and Greece is performed by the courier firm Speedy, the declared by the courier time for delivery is 2 working days. 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, in Romania, Greece or Bulgaria, the deadline for delivery is the following working day. In these cases, the time for delivery can be extended up to 4-5 days.
10.6. The courier firm delivers consignments in the hours between 9,00 up to 18,00 h. 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 firm), as well as, address for delivery of the consignment, guarantees a delivery between 9,00-18,00 hours.
10.7. Upon lack of Customer’s address for delivery, the courier contacts the Customer and arranges second visit or another mode of handing over the consignment.
10.8. In the obligation of the courier, bringing the consignment up to floors is not included, 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.
10.9. 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.
10.10. 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.
10.11. The Store is not liable for delays in the delivery, caused by the non-execution of the courier firms under the transportation service contract.
10.12. 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.
§11. Guarantee and claim for the product
11.1 "Diana" OOD 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 warranty period is 24 months as of the date of purchasing the goods, for factory defects.
11.2. Grounds for reviewing the claim are the proof for purchase, i.e. the invoice. Upon claiming the goods, the Customer has to contact an operator, servicing the Store, via:
· contact form from the webpage;
· email to: firstname.lastname@example.org .
After you send the information, please, contact the Store at the telephone for Bulgaria +359 887 226 466; for Romania .................. to arrange a visit of the courier, who will transport the claimed tire to the warehouse of “Diana” OOD, located at: 268, Tsarigradsko shose, city of Sofia, at its expense.
11.3. The guarantee is provided for a period of 24 months as of the date of purchase, but not for longer period as of the moment of wearing out the protector (TWI). The guarantee includes solely defects through 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.
11.4. The guarantee does not encompass defects caused by:
· mechanical damage (piercing, cutting);
· incorrect operation;
· incorrect mounting;
· poor technical condition of the motor vehicle.
11.5. The period for reviewing the claim is 30 days as of the date of accepting the claimed goods by the Store.
11.6. The claim shall be recognized in every case of ascertaining a factory defect (poor execution, defects of the material or defects of the design). In the case of recognizing a claim, the Customer receives goods without defects or receives monetary indemnity in the amount of the means paid for the purchased goods.
11.7. The firm "Diana" OOD is not liable for loss of time and inconvenience, caused during an outage of the car, as well as other damages, representing result of a defect of the product, and for the performed claim process, also.
§12. 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 modes of payment is that the Store immediately receives the means and can send the purchased goods on the dot, as well as, that at any one moment the Customer can renounce the purchase.
§13. Protection of personal data
13.1. The personal data which the Customers provide to the Store are processed by “Diana” OOD.
“Diana” OOD is registered as Administrator of personal data by the Commission on data protection under number 32195.
13.2. Following submission of an order at the Store, the Customer consents to provide his/her/its personal data in the database of the Store and to its processing with the purpose of performing the contract. The submission of personal data by the Customer and the consent to its processing are necessary for the realization of the order by the Store. The Customer is accountable for submitting untrue personal data.
13.3. The entrusted personal data is used solely for realization of the contract.
13.4. The personal data is not provided to other subjects for marketing purposes.
13.5. If it is necessary, we can share your data with other companies, for instance with the courier companies, which will deliver you the goods. These companies can use your data only upon processing the order, but not for other purposes.
13.6. By accepting the general conditions and with your consent, we can use your email address in order to send you our bulletin which you may decline at any time.
13.7. The entrusted to us personal data is preserved and protected according to the principles, determined by the active legal norms – Law on data protection, in force from 01.01.2002. (Promulgated in State Gazette, issue 1 from January 4, 2002, with the following amendments).
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 had been with us and what entries and settings you had preferred. You may object the use of “cookies” by choosing the appropriate settings of your browser, but we would like to note that in this case you could not use completely all functions of this site.
13.9. 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. You may decline the storage of “cookies” by choosing the appropriate settings of your browser, but we would like to note that in this case you could not use completely all functions of this site.
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
The firm “Diana”OOD 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 (“Users”). In the same time, it takes care so that the information on the User is not brought to the knowledge of third persons. This is prompted by our wish that the Users feel secure about the protection of their personal data, as in the same time, we also complied with the legal regulations.
All employees of “Diana”OOD undertake not to disclose the information made known to them during the fulfillment of their duties and concerning the Customers of the firm.
“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 can at any moment to 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, he/she/it will receive also an opportunity for checking the history of his/her/its orders and the connected with them payments.
The registration at www.diana-ltd.com is connected with submission of a limited quantity 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 User. 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 User. 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 bulletins of the Store, the User gives his/her/its consent for adding his/her/its address and email to the list of the recipients of bulletins in the Store. All email addresses sent to the Owner according to the law on data protection should not be provided to third persons. You always can decline the receipt of bulletins 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 Users 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 Stipulations
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 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. Whatsoever use of the information on products, derived from the database of”Diana”OOD, is forbidden.
15.3. The firm “Diana” OOD 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 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 and the Customer, the Civil Procedure Code of the Republic of Bulgaria is applied, except for the UN trade convention.
These General Conditions are valid as of their publishing on the site on 15.03.2016.