GENERAL TERMS OF WWW.GUGLAUNIFORMS.COM
1.1. “Contractor” (“GUGLA”, “we”, “our”) means the company “Gugla” EOOD, registered in the Commercial Register with the Regystry Agency of Bulgaria with (EIK) company № 200638089, having its registered seat and head office address at № 52 Deyan Belishki street, floor 4, ap. 12, Sofia, Bulgaria, contact details: phone number: +359 (0) 888 218 761; email: [email protected].
1.2. “Website” means the internet site located on the domain www.dev.guglauniforms.com and all its sub-domains, as well as all its content and information it contains, including what’s accessible in the use of different applications and the content of the whole communication sent by the Contractor to the Client and the Customer.
1.3. “Client” means any person who visited or accessed the Website or any part of it.
1.4. “Customer” (“you”, “yours”) means any person (legal or natural) that takes steps to enter into Distance contract for production of work clothes offered by the Contractor, including when making an inquire. With the placing of an Order you declare that you are at least 18 years old and you’re entitled to enter into binding contracts on your own behalf and that all data provided by you with respect to the Order is accurate, complete and true.
1.5. “Distance contract“ or “Contract“ means contract for manufacture of work clothes on demand of the Customer, entered between the Contractor and the Customer without their simultaneous physical presence and using one or more means of distant communication up to and including in the moment at which the contract is concluded. For the avoidance of doubt each separate Order shall lead to the conclusion of a separate Distance contract.
1.6. “Order” means a proposal from the Customer to the Contractor for conclusion of particular Distance contract.
1.7. “Profile“ means a limited personalized part of the Website available to the Customer through chosen username and password that allows them to use different features of the Website and to communicate with GUGLA.
1.8. “General Terms“ or “Terms“ means this document.
2.2. GUGLA reserves the right to make changes at any time to our Website and the General Terms. Such changes shall take effect as from their posting on the Website and with respect to the Distance contracts – as from their acceptance by the Customer.
2.3. GUGLA shall has the right at any time to transfer, assign or otherwise dispose of the management of the Website, parts of it or of its business. This will not affect and GUGLA shall not be released from responsibility to the Customer for the performance of Distance contracts in place at that time, unless otherwise stipulated by law.
2.4. GUGLA, the Client and the Customer agree and stipulate that will recognize the value of the electronic signature to be equivalent to those of the handwritten signature in their relations (as provided under Art. 13 (4) of the Bulgarian Electronic Document and Electronic Certification Services Act) and in particular that any information in electronic form, added to or logically associated with an electronic statement to indicate its authorship, including use of an email or a particular profile will have the power of a handwritten signature in the relations between us.
- Use of the Website
3.1. The Website and its entire content, including, but not limited to design, text, graphics, logos, images, audio and video clips, software, trademarks, data bases, names, information and any other content are protected copyrights and/or intellectual or industrial property rights of GUGLA or its respective partners or suppliers. All such rights are reserved and shall not be copied, published, distributed, modified, broadcasted, performed or used in any manner without the prior written consent of GUGLA or their respective holder.
3.2. No content that is transferred to the Client or the Customer through different communication channels (email, mail or other) shall be deemed to be a consent by GUGLA for the use of such content and such content shall be stored and used only for personal non-commercial purposes of the Client/Customer and only to the extent that is necessary with respect to a Distance contract or the use of the Website in good faith.
3.3. GUGLA does not guarantee that the Website and all parts of it will be always available and accessible and that the Website will be free of errors or malfunctions and GUGLA does not assume responsibility for any such situations to the maximum extent permitted by the applicable law. GUGLA shall has the right at its sole discretion and without notice to modify the Website, its content or parts of it, or to temporary or permanently suspend the access to the Website.
3.4. The Website may contain links to sites that are controlled by third parties. Please note, that GUGLA does not investigate or monitor such third party sites and does not assume any liability for them, their content, legality, offered goods of services, policies and use. The use of such third parties sites shall be at risk of the person that use them.
3.5. The Client/Customer are solely responsible for the comments, photos, information, materials and content they post or transfer for publication on the Website, where applicable. The Client/Customer warrant that such comments, information, materials and others: will not violate rights of GUGLA or of third parties; will not be illegal, offensive, obscene, discriminatory and will not violate the good moral; may be unlimited used by GUGLA and/or third parties as a part of the Website, including, but not limited to publically broadcasted and performed, recorded, modified, etc.; are transferred/posted/made public/used without any payment, compensation or reward due in respect thereof. GUGLA reserves the right to refuse, suspend, delete or remove at its sole discretion and without notice any such publications, materials, photos, comments and content.
3.6. The Client/Contractor shall not use and attempt to use the Website in an inappropriate and unauthorized manner, including, but not limited shall not introduce viruses or other malicious or technologically harmful material, or try to make changes in the Website, or attack the Website through a system crash attack or actions that affect the work of the Site’s server. The violation of this clause may be a criminal offense and GUGLA, among other things, may refer the matter to the competent authorities.
3.7. GUGLA shall have the right to limit the access to the Website only to Clients, who have registered and logged in their own Profiles. The registration of a Profile may be done by filling in a standard web based form on the Website. The Profile log in will be made by username and password, chosen by the Client. The Client/Customer shall provide true and accurate information when creating a Profile, making an Order or entering into Distance contract.
3.8. Any Client/Customer shall have only one Profile. The Client/Customer shall not use someone else’s Profile, shall not disclose and share their Profile and Profile access details with others and shall be liable for any such use or disclosure. GUGLA shall not be liable for the use, share, disclose or loose of data for access to a Profile. The Client/Customer shall promptly notify GUGLA in the event of suspicion of any misuse, disclosure, or loss of Profile or Profile access details and shall provide details of the circumstances and reasons for that.
3.9. The parties confirm that if the Client/Customer change their information or data in their Profiles, all existing Distant contracts shall remain in force with the information and data as at the time of their conclusion, unless otherwise agreed between parties in writing.
- Orders, conclusion and performance of Distance contracts
4.1. General terms
4.1.1. GUGLA does not have on stock the products that are shown and presented on the Website, in particular the work clothes, except for samples of some of them, but offers to the Customers to produce certain clothes upon their individual requirements and Order. The Customer may choose work clothes in different fabrics, materials, edging, colors, sizes, branding, special embroideries, etc., which upon entering into a Contract the Contractor undertakes to produce and deliver to the Customer as agreed.
4.1.2. The Contract between the parties shall be manufacturing contract, but not sale contract and respectively the legal provisions with respect to the manufacturing contracts shall apply. With this regard, please note that you shall not have the right of withdrawal from the Distance contract after entering into it and once we start work as such Contract is for production of products that are made to you request and in accordance with you requirements.
4.1.3. The Website contains illustration of the models that we produce. If a model you want is no longer produced by us, we will contact you for further clarification. The Website contains also advertising materials and banners which sole purpose is to promote GUGLA and shall not constitute an obligation to us to produce exactly the same products. Any accessories shown are not part of the clothes, except where indicated otherwise.
4.1.4. Gift cards: GUGLA may also offer gift cards that may be used for Orders from the Website at different values. The value of the gift card is prepaid upon its order and the card may be used to order the manufacture of products as offered by GUGLA at the same value. Where the value of the ordered products is less than the value of the gift card, the difference may be used in next Orders. Where the value of the Order is bigger than the value of the gift card the difference may be paid by the Customer as provided in these Terms. The gist cards shall not be exchanged for money, except in the event of execution of your legal right of withdrawal from the gift cards purchase. Any consumer shall have the legal right of withdrawal from the gift cards purchase before it has been used and within 14 days as of the day it has been provided by GUGLA, without giving any reason whatsoever and by informing us of such withdrawal decision by an unambiguous statement. In such case GUGLA will reimburse the consumer for the gift card price actually paid via bank transfer to designated bank account of the consumer. The gift card shall be valid for 1 (one) year, except if otherwise stated on it, after which validity period the gift card shall be annulled without refunding or reimbursing its value. The terms of the these Terms shall apply to all Orders made with a gift card.
4.2. Fitting, Samples and Measures of the Clothes
4.2.1. Before you make your Order you may try the clothes we offer, you may order a sample and/or if you have an address in Sofia city you may want us to visit you on-site. This will give you best idea of the exact size, materials, colors and quality of our clothes.
4.2.2. Fitting room: You can try the models we produce at our studio in Sofia, where there are samples of them and after contacting us as provided on the Website to get an appointment for exact date and time. Such testing shall be free of charge to you.
4.2.3. Samples: We may send you samples of our clothes to an address you specify. In this case you shall pay us a deposit amounting to the price of the samples, which deposit shall be payable to us as the payment of the price under a Contract detailed below. You may collect the samples personally from our studio in Sofia or we may send them by courier as specified below for delivery of products under a Distance contract. You may keep the samples for testing for up to 3 business days as of their receipt, after which you shall return them to us in the same condition as they were delivered to you and we will refund the deposit to you. If you do not return the samples in time, or if you return them in a condition other than the one they were sent to you (e.g. torn, stained, spotted or otherwise damaged) you shall pay us the price of the sample in question and you can keep the sample, and we shall be entitled to make a deduction from the deposit you have paid. In the event that you make an Order in connection with the sample testing, the shipping costs for the samples will be shared between the parties to the Contract, as you will pay for the shipment of the samples to you and we will pay the shipment for their return to us. If you do not make an Order the shipping costs for sending the samples to you and returning them to us shall be entirely at your own expense.
4.2.4. On-site visit to the Customer: For Customers in Sofia we offer an on-site visit to an address in Sofia city by our employee, who will bring you requested samples for testing and will advice you on the color combinations, the size selection, your individual measures. This is a paid service as the cost will be agreed between parties and paid by you in advance. If you make an Order with respect to our on-site visit for manufacture of products with price above BGN 400 (four hundred Bulgarian leva) the fee for our on-site visit service will be deducted from the Order price.
4.2.5. The Customer understands that there might be differences in the colors displayed on the Website and of actually delivered products, as the colors seen on pictures are dependent on the technical parameters and configuration of the device that represents the photos to the Customer.
4.3. Ordering Process and Distance Contract Conclusion
4.3.1. The Website content constitutes, from legal perspective, a call to an indefinite number of persons to make to GUGLA an offer for conclusion of a Contract. The Order of the Client/Customer constitutes their offer to GUGLA for conclusion of a Contract. The Distance contract shall be concluded upon acceptance of such offer (of your Order) by GUGLA. Such acceptance shall be effected by a confirmation email from us to the Customer.
4.3.2. You may submit your Order online on our Website. GUGLA reserves the right to request from you to create and sign in with your Profile to be able to submit a valid Order via the Website. The Customer may Order the production of one or more products and shall choose the product model and respective options such as units’ number, material and fabric, colour, size and others. The Customer may also order specific embroidery, including its colour, text and a font or embroidery logo, etc. by following the steps on the Website. The embroidery will be additionally charged according to the prices stated on the Website. After completing their choice the Customer shall add the selected product/s to the shopping “Cart”. The total price of the Order will be detailed in the “Cart”. At the end of the process and to make the selection a valid Order the Customer shall press the “Buy” or similar button.
4.3.3. By submitting an Order via the Website the Customer declare their will to enter into Distance contract under the specified conditions and declare their agreement that the General Terms of the Website as to the date of the Order shall apply to the Distance contract. In such cases of Orders submitted on the Website the Order must be confirmed by the Contractor and upon such confirmation a Distance contract between parties shall be deemed to be validly concluded.
4.3.5. The Customer may also place an Order by telephone in working time using the numbers as detailed on the Website. In this case the Contractor shall confirm to the Customer the Order by email and the terms of the previous Clause 4.3.4. shall than apply. Orders made only by phone shall not be accepted without being confirmed in writing by email as described above.
4.3.6. The Customer shall have the right to cancel an Order only until the moment of its confirmation by the Contractor or until the moment of conclusion of the Distance contract and by contacting the Contractor and giving a written notice (including by email) of the cancellation.
4.3.7. The Contractor shall have the right to terminate the Distance contract without compensation for damages or lost profits, among other things, also in the following cases: (a) the information provided by the Customer is incomplete, incorrect and/or invalid; (b) the Contractor has been notified of an unlawful conduct of the Customer in connection with the use of the Website; c) the Contractor cannot contact the Customer to specify details with respect to the Order; d) the Customer substantially violates his obligations under a Distance contract.
4.4.1. We shall manufacture the products you order that are subject of a valid Distance contract and as specified under the specifications of such Contract.
4.4.2. Each product will be manufactured after the conclusion of the Distance contract and usually within 10-15 working days, as we shall duly inform you in the event of work overload and possible delay of the manufacturing of the product/s under an Order. Where the products are ordered with branding (such as additional embroidery) the production time shall be extended by 2-3 extra working days.
4.4.3. In the event that the price of one or more existing Distance contract/s exceeds BGN 200 (two hundred Bulgarian leva) the Customer shall make an advanced payment at the amount of at least 50 % of the total price of the Contact/s and as described below in clause 4.5.7. and the manufacturing terms shall commence as from the date of receipt of such advance payment by the Contractor.
4.4.4. Despite the efforts of our team to maintain wide variety of models and materials for our products it may be possible in some cases that a product cannot be manufactured in accordance with the specification requested by the Customer. In such cases we will contact you for your further instructions, namely: a) replacement with such product with other, which can be duly manufactured; b) cancellation of the Order with respect to such product/s and confirmation with respect to the other product, if any; or c) cancellation of the Order and reimbursement of the price paid with respect to the cancelled Order, if any and in accordance with the provisions for reimbursements below.
4.5. Price, Shipping costs and Method of Payment
4.5.1. All prices on the Website and provided by us shall be in Bulgarian leva, including VAT and for the production of a single product or pair of products.
4.5.2. The price quoted shall not include the shipping (delivery) costs and before completing your Order or in our proposal to you, we will indicate the exact amount of the additional costs you will have to pay, including the shipping cost, if any, as well as the total price of the Order, including the price of the ordered products, including taxes, fees and the shipping costs. This shall not include any export/import duties or taxes or excise duties or similar payments with respect to international Orders. By entering into the Contract you agree that you will pay the total price of the Order, including the shipping costs, if any and in the amounts quoted.
4.5.3. Free delivery – in the event of an Order for manufacture of products with price above BGN 400 (four hundred leva) the delivery costs of the products to an address of the Customer in Bulgaria shall be paid by the Contractor. GUGLA shall not have obligation to merge separate Orders of the Customer into one.
4.5.4. Paid delivery – in the event of an Order for manufacture of products with price equal or below BGN 400 (four hundred leva) the delivery costs of the products shall be paid by the Contractor.
4.5.5. The Contractor shall be entitled to introduce special terms and policies in the event of additional promotions, promo codes, discounts, etc. where granted.
4.5.6. The Client/Customer agree that there may be a difference between the prices on the Website and those in the physical stores/the studio of the Contractor.
4.5.7. The Customer shall make an advance payment at the amount of at least 50 % of the total price of the Contact/s where the price of one or more existing Distance contract/s exceeds BGN 200 (two hundred Bulgarian leva). Such advance payment shall be made by one of the payment methods as described under these Terms and the Contractor shall be entitled not to begin manufacturing of the products before receipt of such advance payment, as the terms under the Contract, including those for the production and delivery shall not run until the Contractor receives such advance payment. The difference between the full price of the Contract and the advance paid, if any, shall be paid by the Customer at the time of delivery of the products at the latest.
4.5.8. GUGLA shall indicate on the Website which means of payment are accepted. Except is otherwise expressly stated the Contract price and the advance payment may be paid by one of the following means:
- Cash on delivery – by postal money order via the courier, as the final payment shall be made to the courier with the delivery of the ordered products; or
- Payment by bank (credit/debit) card using the virtual POS terminal on the Website upon submission of the Order. Accepted are the following card types: Visa, MasterCard. For the avoidance of doubt with respect to personal data of the Customer – the Website does not store information about the bank card number or/and type used for the payment. Such information is being processed only by the bank that has provided us the virtual POS terminal; or
- Payment by bank wire using “Gugla” OOD bank account in BGN, with bank: First Investment Bank; IBAN BG33FINV91501015417163, BIC FINVBGSF. The bank transfer shall be made upon conclusion of the Distance contract.
4.5.9. When choosing a payment method involving a third party payment service provider you will be bound by the agreements, terms, policies and/or fees of such third party and you will make the payment under such terms and conditions between you and the provider of the payment service. We are not a party to such agreements, terms, etc. and are not responsible to such, and we recommend that you review them carefully.
4.5.10. In the event that the Contractor does not receive a payment according to the method of payment selected by the Customer, the Contractor shall be entitled to compensation as provided under the general rules of the law.
4.6. Products Delivery
4.6.1. The products manufacture under the Contract may be received by the Customer in one of the following manners:
- Direct collection by GUGLA’s studio in Sofia;
- Delivery to a office of the courier “Speedy” AD as indicated by the Customer;
- Delivery to an address as indicated by the Customer.
4.6.2. We will send the products to you using the courier company “Speedy” AD. The risk of loss or damage to the products shall pass to you when you or a third party indicated by you (other than the carrier commissioned by GUGLA) has acquired the physical possession of the products or when you are in default or late to acquire such possession. The delivery will usually take a few days after our confirmation that the products were produced and put into transportation.
4.6.3. Products that are sent to an office of the courier company Speedy as indicated by the Customer shall be kept in such office up to 5 days and shall be collected by the Customer within that time under the terms and conditions of the courier. In the event that the Customer does not collect the products after having been notified of their dispatch and within the time specified above, all costs of the delayed acceptation, subsequent collection and transportation, etc., as well as the risk of their accidental loss or damage will be assumed and passed over the Customer.
4.6.4. The Customer shall provide access and the possibility to acquire the possession of the products in cases of delivery to the address specified by the Customer. In the event that the Customer is not found at the specified address, despite the reasonable attempts made by the Contractor and/or the courier company, the Contractor shall be entitled, at its own discretion, to keep the products in an office of the courier company Speedy that is near to the delivery address, to notify the Customer of their location and in this case the rules of the previous clause, including with respect to costs and risk, shall apply.
4.6.5. Upon accepting delivery the Customer shall review and examine the manufactured products and within 2 days of their acceptance shall state all the objections concerning improper or incorrect performance of the assigned work, as the work will be deemed approved in the event of no objections.
- Legal right of withdrawal from the Contract
5.1. With the exception in the event of purchase of a gift card, in the other cases the Customer shall not have the right of withdrawal from the Distance contract as such contract is for products that are made to the Customer’s request and in accordance with Customer’s requirements. The work clothes offered by the Contractor are specific for different professionals, businesses and clients and the Contractor does not maintain stock availability of specific work clothes unless otherwise agreed in writing with specific Customer.
5.2. The right of withdrawal shall be valid for the purchase of gift cards as detailed under Clause 4.1.4 above.
- Repairs, Returns and Replacements
6.1. In the event where the Customer has reasonable claim that the Contractor has departed from the order or that the work done has deficiencies, the Contractor shall be entitled to demand a repair within a reasonable period and without further payment.
6.2. If the departure from the order or the deficiencies are considerable and the work is totally unfit for use in accordance with its purpose, the Customer shall has the right to cancel the Contact and refund of the paid price along with all costs reasonably incurred, or to request replacement with a new product within reasonable period. In these cases the Contractor may collect the nonconforming products at its own costs.
6.3. The rights of the Customer under the previous clause shall be extinguished by limitation within six months, as provided under the Bulgarian law. The Customer shall be entitled to a guarantee if and where this is provided for in the laws in force in Bulgaria.
6.4. The Customer may address a complaint to any GUGLA store or to the registered GUGLA address, as well as to the email addresses listed on the Website.
6.5. The Contractor shall refund the paid price, where the request for that is legitimate, without undue delay and to bank account as indicated by the Customer.
6.6. Upon a legitimate refund request for a payment made by a bank card, the refund of the amount shall be made only to the bank card with which the respective payment was made.
- Personal Data
- Liability, Limitation of liability and Force Majeure
8.1. The parties agree that their liability to each other shall be limited to the events of deliberate actions and gross negligence. None of the provisions herein seek to exclude and shall exclude any liability that cannot be excluded or limited under the mandatory provisions of the applicable law.
8.2. Safe as provided under the previous clause the parties exclude any and all liability of GUGLA related to the Website, the services offered through the Website and the use of the Website by the Client/Customer and especially:
- inability to access the Website, technical failures or errors on the Website;
- data loss or unauthorized use of data as result of an virus attack or other malicious codes and materials;
- the way the Client/Customer use the Website;
- that the goods or services offered will meet any specific requirements or expectations of the Client/Customer;
8.3. The Client/Customer shall be responsible for their own actions when using the Website, including for damages to the Website, to GUGLA or to third parties as a result of their actions, and including for any content, comment or material posed by the Client/Customer.
8.4. GUGLA shall has the right to unilaterally, without prior notice and without compensation: a) to stop or restrict the access to the Website and/or to certain Profiles; b) to break any or all of the Distance contracts concluded; c) to cancel any or all Orders; d) to limit the possibility to make Order; e) to delete any data and materials from the Website and from its system at its discretion; with respect to any Client/Customer suspected or proved to: a) violate provisions of the Bulgarian legislation or rights of third parties in their use of the Website; b) violate any of the provisions of these General Terms; or c) misuse in any way with the Site, its content or the rights of GUGLA and/or of third parties.
8.5. The parties shall not be liable or responsible for any failure to perform, or delay in performance of, any of their obligations under a Distance contract that is caused by unforeseen or unavoidable event of an extraordinary nature (a “Force Majeure Event”). A Force Majeure Event includes, without limitation, civil commotion, riot, terrorist attack, war; fire, natural disaster, epidemic; impossibility to use shipping, aircraft or other means of public or private transport; impossibility to use public or private telecommunication networks; acts, legislation, regulations or restrictions of any government, etc. The party that rely on such Force Majeure Event shall inform the other party of the occurrence of the event and shall take measures to limit its consequences with respect to the Contract.
- Applicable law and disputes
9.1. These General Terms are prepared in accordance with and are subject to the Bulgarian law.
9.2. If any provision of these Terms is found or adjudged to be void or invalid, the remaining provisions shall not be affected thereby, and the rest of these Terms or of any Distance contract shall remain valid and enforceable.
9.3. The parties agree that all disputes relating to these General Terms and to any Distance contract to which these Terms apply will be settled by negotiations and mutual agreement and if that is not possible the courts of Republic of Bulgaria shall have exclusive jurisdiction to settle any such disputes of whatever nature.
Last update: 30.05.2018