Terms & Condition
GENERAL TERMS OF USE FOR SERVICES PROVIDED BY THE MERCHANT
I. GENERAL PROVISIONS 1.1 This document contains General Terms and Conditions under which the MERCHANT – PHOBIA Music PLTD, Unified Identification Code (EIK) 207320880, with headquarters in Plovdiv, Rozova Dolina 9, provides services to USERS/CLIENTS, anyone who has accessed the Internet page www.christiancraken.com. These terms bind all users.
1.2 PHOBIA Music PLTD has the full rights at any time to change the website www.christiancraken.com and the ways to access it.
1.3 Every USER who uses the website www.christiancraken.com – an online store for clothing and accessories sales and places an order through it, is considered to accept, agree, and undertake to comply with these General Terms and the Privacy Policy regarding the processing of personal data.
1.4 The products found on the website www.christiancraken.com are not a legally binding offer but rather a demonstrative online catalog describing the product line of the MERCHANT.
II. ORDERING GOODS
2.1 After clicking the “Buy Selected” button, the USER agrees to purchase the goods located in the “Shopping Cart”.
2.2 To place an order through the online store, the USER must provide the following information: – Valid email address; – Delivery and billing address for the goods; – Personal data – both names and contact phone number; – Agreement with the general terms and privacy policy regarding the processing of personal data. This action has legal binding force for the USER. The USER receives confirmation of the received order from the MERCHANT at the provided email address, which constitutes the conclusion of the contract. The MERCHANT’s obligation for delivery arises after fulfilling all the conditions specified below, confirming by email or phone their readiness to deliver the goods.
2.3 In case the ordered goods are out of stock, the MERCHANT notifies the USER within 5 working days, and if the USER does not agree for the order to be replaced with another product, the order may be canceled. In case a payment has been made at the MERCHANT’s expense, the amount is refunded to the USER within 14 working days from the moment of order cancellation, via bank transfer to the bank account specified by the USER.
2.4 Orders in the christiancraken.com online store are accepted 24 hours a day, every day. Orders are processed from Monday to Friday from 9:00 am to 6:00 pm.
2.5 The USER has the right to cancel an order before its delivery to the courier, by phone or through an email sent to the email address provided on the website: [email protected], without the need to state reasons for the cancellation, by stating or writing their full name and order number. The MERCHANT has the right to refuse an order if inaccuracies occur due to technical reasons, e.g., incorrectly entered product characteristics, including price.
III. DELIVERY
3.1 The MERCHANT confirms by email or phone their readiness for delivery of the goods. After confirming readiness for delivery, the goods are handed over to the courier, relieving the MERCHANT of the risk, which is transferred to the courier. The MERCHANT is not responsible for delays if they are caused by the courier or another delivery provider.
3.2 A partner of PHOBIA Music PLTD for the delivery of goods ordered in the online store christiancraken.com is the Courier Company Speedy, with delivery taking place between 10:00 am and 5:30 pm. The delivery period, counted from the day following the MERCHANT’s confirmation of readiness for delivery, is up to SEVEN BUSINESS DAYS.
3.3. Delivery is made to the exact address specified by the USER or to a Speedy office in the respective locality.
3.4 If the USER does not provide access and conditions for the delivery of the goods to the specified address within the specified period or does not go to the specified Speedy office to receive the goods within the specified time, the MERCHANT is relieved of the obligation to fulfill the requested delivery. In this case, the MERCHANT may refuse the USER’s subsequent order.
3.5 In case of incorrect data, wrong address, contact person, and/or phone number provided when submitting the order, the MERCHANT is not obligated to fulfill the order.
3.6 Upon delivery of the goods, the USER or a third party signs the accompanying documents. A third party is considered anyone who is not the titular recipient but accepts the goods upon delivery to the address specified by the USER. Immediately after delivery, the goods should be carefully inspected by the USER or an authorized person. Any defects and other damages should be reported immediately to the MERCHANT.
3.7 If there is a refusal to accept the goods, except in the cases described below, the refusal is considered unjustified, and the USER is liable to pay the delivery and return costs for the goods. If the USER is not found within the delivery period at the specified address or does not provide access and conditions for the delivery of the goods within this period, the MERCHANT is relieved of its obligation to deliver the requested purchased goods.
IV. PRICES AND PAYMENT
4.1 The prices indicated on the website are final, inclusive of VAT, and include packaging and transportation to the courier company’s office. The price of the courier service is fixed. In case the goods are sent outside the territory of the Republic of Bulgaria, the USER must pay all customs and other fees related to export.
4.1 Payment for the ordered goods can be made in three ways, and in all three cases, the payment amount is the same and includes the value of the goods + the value of the courier service.
4.1.1 With “cash on delivery” – payment in cash to the courier upon delivery.
4.1.2 Bank transfer;
4.1.3 Credit/debit card
Types of cards accepted (Maestro, Borika, Visa, Mastercard).
Payment security
Protected by Verified by VISA and MasterCard SecurCode systems
Refunds are processed solely to the card used for payment.
No bank card data is stored.
V. COMPLAINTS AND RETURNS
5.1 The USER has the right to complain if the goods do not correspond to the agreement between the parties under the sales contract, manifested in:
Identified deficiencies;
Defects in the goods;
Non-compliance with the declared size;
Non-compliance with the declared trademark or other characteristics of the goods. The complaint must be submitted within 5 (five) working days after purchasing the goods, by sending an email or contacting a MERCHANT consultant by phone.
5.2 The option for compensating the USER in case of a complaint is as follows: returning the goods at the MERCHANT’s expense within 14 days and refunding the paid price within 5 working days from the date of the return receipt by the MERCHANT.
5.3 Returning the goods in case of non-compliance and outside the cases of non-compliance with the sales contract is carried out within 7 days from the date of receiving the goods by the Customer to the date of handing over the goods to the courier for return, provided the following conditions are met:
The goods have an intact commercial appearance (not torn, scratched, worn, washed, ironed).
There are no damages caused by improper use.
The original packaging, labels, consumables, and accessories are preserved, if included.
5.4 In case of returning the goods outside the cases of non-compliance under the sales contract, if the USER has paid for the goods, the paid amount for the value of the goods is refunded to their specified bank account within 5 working days from the date of receiving the returned goods in the MERCHANT’s warehouse. Refunds are not made until the goods are returned by the MERCHANT. The return of the goods takes place at the address specified on the return form.
5.5 Transportation costs for returning or exchanging goods are borne by the USER in both directions unless the exchange is due to the MERCHANT’s fault.
VI. RIGHTS AND OBLIGATIONS OF THE USER/CUSTOMER
6.1 The USER has the opportunity to view and order the advertised products on the online store www.christiancraken.com.
6.2 The USER has the right to be informed about the status of their order.
6.3 The USER is fully responsible for safeguarding their username and password, as well as for all actions performed by them or by a third party using their username and password. The USER is obliged to immediately notify the MERCHANT of any unauthorized access using their username and password and whenever there is a risk of such use.
6.4 The USER is obliged to pay the price of their order according to the announced method on the website www.christiancraken.com.
6.5 Every USER, whether a customer of the MERCHANT or not, is obliged when using the services to:
Not violate and to respect the fundamental rights and freedoms of citizens and human rights, according to the Constitution and laws of the Republic of Bulgaria and the recognized international acts;
Not tarnish the reputation of others and not to incite violent change of the constitutionally established order, to commit a crime, to commit violence against a person, or to incite racial, national, ethnic, or religious hatred;
Not violate others’ property or non-property, absolute, or relative rights and interests, such as the right to ownership, intellectual property rights, etc.;
Comply with Bulgarian legislation, applicable foreign laws, rules of morality, good manners, and Internet ethics when using the services provided by the MERCHANT;
Immediately notify the MERCHANT of any committed or discovered violation when using the provided services;
Not to upload, send, transmit, distribute, or use in any way and not to make available to third parties software, computer programs, files, applications, or other materials containing computer viruses, unauthorized remote control systems (“Trojans”), computer codes, or materials intended to disrupt, impede, violate or limit the normal functioning of computer hardware or software or telecommunications facilities or to achieve unauthorized penetration or access to foreign resources or software;
Not to commit malicious acts.
6.6 The USER is obliged to provide accurate and valid phone, delivery address, and email address, to pay the price of the goods, to pay the delivery costs if the delivery is not free, and to ensure access and the possibility of receiving the goods. If it is not explicitly stated that the delivery is free, it is considered paid.
VII. RIGHTS AND OBLIGATIONS OF THE MERCHANT
7.1 The MERCHANT is not obligated and does not have the objective possibility to control the way in which USERS use the provided goods and services.
7.2 The MERCHANT has the right but not the obligation to retain materials and information placed on the server of www.christiancraken.com.
7.3 The MERCHANT has the right at any time, at their own discretion, to terminate, suspend, or change the services provided regarding the use of the website without notifying the USER when the latter uses the services in violation of the current conditions. The MERCHANT is not responsible towards USERS and third parties for damages and lost profits resulting from the termination, modification, or restriction of services, the deletion, or inaccuracy of materials or information transmitted, used, recorded, or made available through www.christiancraken.com.
7.4 After receiving the payment, the MERCHANT is obliged to deliver the purchased goods within the agreed time, to check each item before it is sent (if possible, without violating the integrity of the packaging), or to inform the USER about other circumstances regarding their order.
7.5 The MERCHANT reserves the right to refuse delivery of a requested order if the goods are not available. In case of lack of stock availability of the requested goods, within 5 working days, the MERCHANT notifies the USER of its depletion by sending a message to the email address provided by the USER or to the phone number provided.
7.6 The MERCHANT has the right to collect and use information related to its USERS/customers, whether registered or not. www.christiancraken.com has the right to send advertising messages in the form of an electronic newsletter to the email address provided by users. Users have the right to unsubscribe voluntarily from receiving advertising messages by clicking on the link located in any of the electronic newsletters they receive. The user has the right to exercise all rights specified in the Privacy Policy regarding the processing of personal data.
7.7 The MERCHANT collects and uses information about USERS to improve the services offered and in accordance with the Privacy Policy regarding the processing of personal data. All purposes for which the MERCHANT will use the information will be in compliance with Bulgarian legislation, applicable international acts, and good manners. The information from the previous clause may be used by the MERCHANT unless the USER explicitly disagrees.
7.8 The MERCHANT is not responsible for the non-fulfillment of its obligations under this agreement in case of circumstances that it has not foreseen and was not obliged to foresee – including cases of force majeure, problems in the global Internet network, and in the provision of services beyond the control of the MERCHANT.
7.9 The online store www.christiancraken.com, as well as all information published on the website, is owned by the MERCHANT – PHOBIA Music PLTD.
7.10 The MERCHANT – PHOBIA Music PLTD gives its consent for users and owners of other websites to publish links to the online store www.christiancraken.com.
7.11 Copying information from the website www.christiancraken.com and placing it on other websites or online stores is only allowed with the written consent of PHOBIA Music PLTD, or with explicit citation of the source in the following way “Source: www.christiancraken.com”, with a mandatory link to the online store.
7.12. In promotions and other practices related to applying commercial discounts, they are valid when all specified conditions are met both at the time of the order and after the expiration of the return period, namely: if the discount is related to the purchase of a certain number of items, it does not apply if the number of items is smaller, for example, in the case of subsequent return of an item; if the discount is related to a specific minimum order amount, it does not apply if, upon subsequent return of an item, the order amount is below the declared minimum as a condition for the discount.
VIII. PERSONAL DATA
8.1 The MERCHANT guarantees the confidentiality of the information and personal data provided by its USERS. The latter will not be used, provided, or brought to the attention of third parties except in cases and under the conditions specified in these General Terms and Conditions and the Privacy Policy regarding the processing of personal data. The MERCHANT protects the personal data of the USER, disclosed when filling out the electronic form to place an order, and this obligation ceases if the USER has provided incorrect data. In compliance with the current legislation and the clauses of these General Terms and Conditions, the MERCHANT may use the personal data of the USER for the purposes provided for in the contract. Any other purposes for which the data is used will be in compliance with Bulgarian legislation, applicable international acts, Internet ethics, rules of morality, and good manners.
IX. FINAL PROVISIONS
9.1 The MERCHANT has the right to change the characteristics of the provided goods and services and these General Terms and Conditions at any time based on changes in legislation. The MERCHANT is obliged to notify the USER of the changes in the General Terms and Conditions by publishing a notice of the changes prominently on its website and providing sufficient time to become acquainted with them. Within the given period, if the USER does not declare that they reject the changes, they are considered bound by them. If the USER declares within the given period that they do not agree with the changes, the MERCHANT has the right to immediately stop or terminate the provision of services to the USER.
9.2 All disputes between the parties shall be resolved in a spirit of understanding and goodwill. In case an agreement is not reached, all unresolved disputes, including disputes arising from or related to its interpretation, invalidity, performance, or termination, as well as disputes for filling gaps in the contract or adapting it to newly arisen circumstances, shall be resolved by the competent court according to the registration of the MERCHANT, in accordance with Bulgarian legislation.