All contracts and dealings between Elikom-trade Ltd (ACN 203258748) and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘IMAGO’) and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by IMAGO to the Customer through the website www.imago.bg (‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).
By using the Website, the Customer agrees to be bound by these Terms, as may be amended by IMAGO from time to time.
IMAGO has the right to amend, remove or vary these Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Customer agrees to be governed by these Terms as the case may be from time to time.
Access to the Website is permitted on a temporary basis, and IMAGO reserves the right to withdraw or amend the Services without notice. IMAGO will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, IMAGO may restrict access to some parts or all of the Website without notice.
· All intellectual property rights in all software and content made available to the Customer on or through the Website remains the property of IMAGO.
· The Customer is authorized to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Such content must not be modified or altered in any way.
· The Customer is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of IMAGO. Such consent may be withheld by IMAGO at its absolute discretion.
· The Customer must not remove any copyright or trademark notices from the content found on the Website.
· IMAGO makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.
TERMS OF SALE
· By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and IMAGO with respect to the supply of the Goods in accordance with these Terms.
· All Orders are subject to availability of the Goods and confirmation of the Order price.
· Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Bulgaria and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure for which IMAGO will not be responsible.
· The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.
· In order to contract with IMAGO the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to IMAGO.
· IMAGO reserves the right to accept or reject an Order for any reason at any time.
· When placing an Order the Customer undertakes that all details that are provided to IMAGO are true and accurate, that the Customer is an authorized user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.
· The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee.
· IMAGO reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.
· In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.
· IMAGO will issue the Customer with a tax invoice once payment in respect of the Order has been processed.
CANCELLATION, REFUND & EXCHANGE POLICY
· Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Customer should carefully check that its Order is accurate before the Customer submits it to IMAGO. The Customer will, however, be able to return Goods in accordance with IMAGO’s returns policy.
· IMAGO may accept returns within 14 days for Bulgarian customers and 30 days for international customers from the date of delivery. Goods must be unwashed, unworn and in their original purchase condition with original tags still attached with no signs of being removed and re-attached.
· Goods for return must be posted at the Customer’s expense.
· The Customer must include their order confirmation email & completed returns form within their return parcel.
· Any Goods which IMAGO has elected to accept for either return shall be returned at the Customer’s expense. The Customer will not be refunded for the original postage cost unless the garment was faulty, or there was a dispatch error by IMAGO.
· Upon accepting the goods, IMAGO will issue the customer with an online credit note.
DAMAGED & FAULTY GOODS
· All Goods are thoroughly inspected to ensure they are in a sellable condition prior to being sent to the Customer. All Goods come with guarantees that comply with Bulgarian Consumer Law.
· If the Customer discovers that a Good is faulty or damaged, the Customer must notify IMAGO within 14 days of purchase or within a reasonable timeframe thereafter either by contacting IMAGO via the process outlined on the Returns page online.
· If IMAGO inspects the Goods and confirms that there is a fault, the Customer will be entitled to either a repair or replacement (for a minor fault) or a refund, repair or replacement (a major fault). The Bulgarian Consumer Law Guarantees outline the difference between the two. See here for more information.
· IMAGO will cover the packaging and postage costs associated with the Customer returning a faulty or damaged Good.
· Customers are liable for any delivery costs if the Good is found not to be faulty.
· Any period or date for delivery of Goods stated by IMAGO is intended as an estimate only and is not a contractual commitment. IMAGO will use its best endeavours to meet any estimate delivery dates but will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.
· IMAGO reserves the right to amend delivery methods without notice.
DELIVERY - BULGARIA
· All deliveries of Goods purchased by the Customer will be made by registered courier (Econt Express).
· If the Customer believes their nominated delivery address will be unattended at the time of delivery, IMAGO suggests nominating an address that the Customer knows will be attended during regular business hours.
· IMAGO will not be held responsible for any occurrence that may happen following the Delivery of a Good, including theft or damage if a Good is delivered to an unattended address. All risk in the Goods will remain with the Customer upon Delivery and IMAGO will not offer a replacement Good or refund a Customer for any lost or damaged Goods.
· IMAGO will use reasonable endeavours to dispatch all Orders received on the next business day. Estimated delivery time depends on the Customer’s location. Shipping times on the shipping information page are to be taken as an estimate only.
· Delivery of Orders placed on a weekend or public holiday will not be processed until the following 1-2 business days.
· IMAGO does not deliver Orders to Post Office boxes or Parcel Lockers.
DELIVERY - INTERNATIONAL
· International deliveries will be made by DPD Europe, DHL Express or Registered Post or Pack & Track (via Bulgarian Post).
· Estimated delivery time for international orders varies depending on location.
· In the event the Customer does not receive their Order within 15 business days of placement, the Customer should contact IMAGO.
· International delivery costs do not include any taxes or duties which may be applied by customs at the destination country. Any duties or taxes incurred are the responsibility of the delivery recipient. IMAGO has no control over the import fee charged and will not be responsible for the payment of any duties or taxes.
· In accordance with Bulgarian export regulations, customs require IMAGO to declare the exact value of the Order on the satchel, and it is the sole discretion of the custom agents to release the package.
· Where taxes and duties are refused to be paid by a Customer and a parcel is returned to IMAGO, the Order will be refunded (less any shipping costs paid) if a successful delivery is made to IMAGO and the customer will be blocked from placing any subsequent orders on the IMAGO website.
LIMITATION OF LIABILITY & INDEMNITY
· The Bulgarian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Bulgaria. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditio