Terms and Conditions

How to Order

An order can be placed after confirmed payment by bank card. This activity is customer’s own choice and it binds in a contract both customer and Smile Galaxy Ltd. in compliance with the Bulgarian Law of Obligations and Contracts in correspondence with the described hereafter Conditions of Use and the Consumer Protection Law (CPL).

Offers contain basic information of the product and its price. Part of the offers are accompanied by pictures. The customer chooses the main parameters of the products he wants in consideration of all options and product types (model, color, quantity, etc.). When ordering each customer should give information how he can be contacted back by us. Incorrect data makes order invalid and Smile Galaxy cannot be held responsible for its non-execution.

Conditions and Terms of Payment

After receipt of each order first its validity is checked. Each customer is obliged to give a valid telephone number, email, invoice information (name of company, VAT registration number, legal address of the company and delivery address, to pay the price of the ordered goods and delivery costs, provide access to the address where the order has to be delivered and receive the order. Payment can be done only by debit/ credit card. If payment is done by card, return of payment can be done only by credit transaction to the card with which it is paid. Other ways of payment return (in cash or bank transfer) are not allowed.

If the customer has a VAT registration number, VAT isn’t due. But If the customer doesn’t have VAT registration number, it is required to pay 20% VAT.

Delivery terms

Orders are delivered by DHL Courier Service. Delivery costs will be shown when you place your order. Smile Galaxy Ltd. delivers goods only on the territory of Europeen Union.

List of counties:

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

All orders received on Friday afternoon, Saturday and Sunday or on official holidays are processed on the first working day. The customer is obliged to provide access to the address in order to receive the ordered goods. If customer cannot be found within the period of order execution at the address or there is no access to this address or no possibility to deliver the order within the fixed period, the order is considered invalid and Smile Galaxy is free from the obligation to deliver it.

Return of Goods and Contract Withdrawal from a Distance

(1) Only customers who are Consumers for the purposes of Consumer Protection Act have the right of withdrawal from a contract.

Article 50. (Last Amendment SG No. 61/25.07.2014, in force as of 25.07.2014) The consumer has the right to withdraw from the distance or off- premises contract without reasons and any compensation or costs with exception of the costs envisaged in Article 54 (3) and Article 55 within 14 days counting from the following dates:

1. date of conclusion of contract – in case of a service contract;
2. acceptance of goods by the consumer or from another person different from the carrier and designated by the consumer – in case of a sales contract, or:
   
   • a) where the consumer has ordered a significant amount of goods to be delivered separately, counting from the date on which the consumer  or from another person, different from the carrier and designated by the consumer receives the goods;
   • b) in case of delivery of goods consisting of many parts, the receipt date of the last part by the  consumer  or from another person designated by the consumer and different from the carrier;
   • c) in case of regular supply of goods provided in defined time counting from the date on which the consumer or from the date another person, different from the carrier and designated by the consumer receives the goods;
3. upon conclusion of contract – in cases of water, gas or electricity supplies, where they are not put up for sale in a limited volume or set quantity, of district heating or of digital content which is not supplied on a tangible medium.

Article 55. (Last Amendment SG No. 61/25.07.2014, in force as of 25.07.2014) Where the consumer has exercised his or her right of withdrawal from the distance or off – premises contract, unless the trader has offered to collect the goods himself, the consumer sends back the goods or hands them over to the trader or to a person authorized by the trader to receive the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the contract to the trader in accordance with Article 52. The deadline is met if the consumer sends back the goods before the period of 14 days has expired.

(2) The consumer only bears the direct cost of returning the goods under Paragraph (1) unless the trader has agreed to bear them or the trader failed to inform the consumer that the consumer has to bear them.

(3)  In the case of off-premises contracts where the goods have been delivered to the consumer”s home at the time of the conclusion of the contract, the trader must at his own expense collect the goods if, by their nature, those goods cannot normally be returned by post.

(4) The consumer is only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. The consumer shall in any event not be liable for diminished value of the goods where the trader has failed to provide notice of the right of withdrawal in accordance with Article 47 (1), Item 8.

(5) Where a consumer exercises the right of withdrawal after having made a request in accordance with Article 48 (3) or Article 49 (9), the consumer pays to the trader an amount which is in proportion to what has been provided until the time the consumer has informed the trader of the exercise of the right of withdrawal, in comparison with the full coverage of the contract.

(6) The proportionate amount under Paragraph (5) to be paid by the consumer to the trader is calculated on the basis of the total price agreed in the contract. If the total price is excessive, the proportionate amount is calculated on the basis of the market value of what has been provided.

(7) In case of withdrawal from contract the consumer bears no cost for:

1. the performance of services or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating, in full or in part, during the withdrawal period, where:
   
   • a) the trader has failed to provide information in accordance with Article 47 (1) Items 8 or 10 or  
   • b) the consumer has not expressly requested performance of the contract to begin during the withdrawal period in accordance with Article 48 (3) and Article 49 (9); or
2. the supply, in full or in part, of digital content which is not supplied on a tangible medium where:
   
   • a) the consumer has not given his prior express consent to the beginning of the performance before the end of the 14-day period referred to in Article 50; or
   • b)  the consumer has not acknowledged that he loses his right of withdrawal when giving his consent; or 
   • c) the trader has failed to provide confirmation of consumer’s express prior consent for execution of contract in accordance with Article 48 (2) or Article 49 (8).

(8) The consumer does not incur any liability as a consequence of the exercise of the right of withdrawal except in the cases under Paragraphs (1), (2), (4) and (5) and Article 54 (3).

Except for the clauses of Art.50 of CPA a customer who has ordered products from the online shop www.smilegalaxy.net has the right to refuse receipt of order only in the following cases:

• The products or their packaging have been damaged in transportation;
• The delivered goods are different from the ones ordered by the customer and this can be established by a simple view of the product;
   
• If delivery deadline is not met;
   
• Complaints in above cases are done only at the moment of delivery.

Complaints are accepted, as follows:

   
1. Within 24 hours of order receipt, if there are shortages and discrepancies established by simple observation of the products;
2. If there are discrepancies between ordered and delivered goods impossible to establish at the moment of receipt the goods are replaced within 24 hours after customer’s claim and inspection of the non-conformities;

The customer is obliged to inform Smile Galaxy LTD. of his intention to return the purchased goods or withdraw from the contract from a distance by stating his decision clearly in writing e-mail within the fixed time period.

To exercise his/her right of withdrawal consumer is entitled to use the Contact Form in our site.

The returned goods should be in the same condition, as they were received by the customer – without damages in perfect l condition with full packaging, accessories and accompanying documentation, otherwise return of goods is only possible if due compensation for reduced commercial value is negotiated.

In case consumer exercises his/ her right of contract withdrawal the supplier is obliged to pay back the full amount paid not later than 14 days from the date the consumer has exercised his/ her right of contract withdrawal. Only transport costs are deducted from the sum paid by consumer with the exception of cases when he/she has returned the goods at his/ her cost and has informed the supplier accordingly.

Payment is done by bank transfer. Supplier has the right to delay return of payment until returned goods are received.

Whereas consumer has exercised his or her right of withdrawal from the distance or off – premises contract, he/ she sends back the goods or hands them over to Smile Galaxy Ltd. without undue delay and in any event not later than 14 days from the day on which he/she has communicated his decision to withdraw from the contract. The deadline is met if the consumer sends back the goods before the period of 14 days has expired.

The ADR entities are for the purpose of resolving disputers with consumers, as per Art.181 n, item 4 of Consumer Protection Act. In case of disputes concerning online sales the ODR platform can be used.

The right of contract withdrawal is not applied in the following cases:

Article 57. (Cancelled SG No. 105/ 2006 in force as of 2006,  New - No. 61/25.07.2014, in force as of 25.07.2014)     The provisions of Articles 50 – 57  for the right of withdrawal in respect of distance and off-premises contracts as regards the following do not apply to the following contracts:

1. service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
2. the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
3. the supply of goods made to the consumer’s specifications or clearly personalized;
4. the supply of goods which are liable to deteriorate or expire rapidly;
5. the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
6. the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
7. the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;
8. contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal applies to those additional services or goods;
9. the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
10. the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
11. contracts concluded at a public auction;
12. the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;
13. the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.

Limitations

Consumers can freely use the resources of the site except for the limitations described in the present General Conditions and other generally accepted limitations.

If registered consumers or casual visitors of the site overload it with false orders or in any other way Smile Galaxy Ltd. reserves the right to restrict access to the site and IP addresses, as well as to claim damages for misuse. Users of the site do not have the right to break general rules of communication, to perform ill-intentioned actions violating rights and interests of third parties.

Compensations

Consumers are obliged to compensate Smile Galaxy Ltd. and third parties for all damages and missed benefits including all costs, lawyer’s fees paid due to claims by and/ or paid compensations to third parties because of not fulfilled contract obligations, violation of Bulgarian Legislation, applicable foreign laws, the present general conditions, good manners and internet ethics.

Cookie Policy

This Cookie Policy is an integral part of the General Terms and Conditions of Use of the site www.smilegalaxy.net administered by Smile Galaxy Ltd. (The Company).

We use cookies or similar tools to enhance the performance of the website. Our Cookie Policy explains how we do that.

What are cookies?

Cookies are small files downloaded on the terminal devices you use to access the site. They can be used in different ways, for example, for traffic analysis, for advertising purposes, for regular reports of the site usability and restoring information about user navigation, for improving site performance and analyzing purposes. By the term Cookies we refer to all files and technologies which collect information in this way.

Cookies can also be installed by our site or by third parties.

The cookies used by us do not contain information (personal data) which allows (direct) identification of the User as a natural person.

What are your options?

All modern browsers allow (more or less) users to change cookie settings. To learn more about cookies and how to deal with them please visit www.allaboutcookies.org.

You can look at the settings of the browser you prefer and the help section there:

• Internet Explorer
• Firefox
• Chrome
• Safari & iOS
 

Deletion of Cookies by the User may result in full or partial inability to access the site and/ or the services, change or removal of predefined settings from previous visits and/ or lowering the quality of the Services for which we are not responsible.

If you want to learn more about ad cookies or ad cookie blockers you can visit www.youradchoices.com.

This Cookie Policy was accepted and approved by Ivan Goryalov – Managing Director of Smile Galaxy Ltd. on 11.06.2019.

This Cookie Policy is in compliance with the current legislation at the moment of validation, as well as with the European and national legislation related to personal data protection.