The products marketed on the www.provocative.bg website (hereinafter, the “Website”) are sold and invoiced by “Provocative Fashion EOOD” a company that have its registered office in Sofia, Bulgaria; “Krasno Selo” district, “Beli Brezi”, 24 Lerlin St., Ent. B, floor 7, Apt 34.
For any information on purchase orders, deliveries and, more in general, purchases, please contact Provocative Fashion customer care.
Telephone: (+359) 899 509 211
- Acceptance of the general conditions of sale and closing
1.1 Provocative Fashion offers for sale on the Website the products to end consumers, namely, to persons who buy them for reasons unrelated to the activities, if any, carried by said persons for business, entrepreneurial or professional purposes (“Consumer”). Therefore Provocative Fashion reserves the right not to process orders placed by persons other than the “consumer” or, in any case, orders that are not consistent with its business policy.
1.2 The agreement executed between Provocative Fashion (hereinafter also the “Seller”) and Consumer shall be deemed concluded upon acceptance of the order, including partial acceptance, by Provocative Fashion. If the order is not accepted by Provocative Fashion, the firm shall immediately inform Consumer thereof. Provocative Fashion shall provide information regarding the cause for rejection of the order.
1.3 By placing an order in accordance with the envisaged modalities, and with the order form made available on the Website (hereinafter, the “Order“), Consumer shall read all of the indications given during the purchase procedure, and shall accept, in full, these general conditions (hereinafter, the “Conditions“).
1.4 These Conditions may be printed or stored on permanent storage devices, in accordance with the applicable legislation currently in force.
- How to buy the products
2.1 The products offered for sale by Provocative Fashion are only and exclusively the ones displayed on the Website when the Order is placed, as described in the relevant product information sheet.
It remains in any case understood that, since the images included in the product information sheet are provided for information purposes only and may not be representative of all of the specifications of the product, colours and sizes may differ on account of the differences in screens and systems used by Consumers for accessing the Website).
2.2 Consumer can place an order by duly filling-in the order form made available on the Website and send it in accordance with the indications provided in the Website, after having carefully reviewed these Conditions, the product specifications, the relevant price (inclusive of all applicable taxes and charges), shipping costs (including the ancillary costs that may be incurred in case a shipping and delivery method quicker and/or different from the standard one is chosen). Consumer shall be entitled to an option to inform Provocative Fashion if it wishes to receive an invoice for the purchased product.
2.3 Provocative Fashion shall confirm that the Order has been properly received by sending an email message to the address notified by Consumer. The email shall contain a short description of the conditions of purchase, as provided for by the applicable legislation, as well as the information entered by Consumer into the Order form, to enable him/her double check such information and, if necessary, immediately report incorrect data, if any.
- Price and Terms of payment
3.1 The prices indicated on the Website are inclusive of taxes and VAT. Consumer shall be informed in advance of shipping costs or fees, if any, through the Website.
3.2 The payments can be made cash, upon arrival of the products, through credit card and PayPal and the transaction will be processed through a secure server selected by Provocative Fashion.
3.3 Under no circumstances and at no stage of the payment process, the details of the credit card of Consumer will be disclosed to Provocative Fashion EOOD because such details will be directly sent, in a secure manner, to the website of the financial institution in charge of the transaction. Since none of such data will be stored in Provocative Fashion’s files, Provocative Fashion will not be liable for fraudulent and unlawful uses, if any, made by third parties of the Consumer’s credit card during the payment procedure.
- Delivery of the products and relevant expenses
4.1 Provocative Fashion EOOD, its suppliers and its logistics service providers shall deliver the products purchased by Consumer at the address and on the date indicated by the latter in the Order, at the cost specifically indicated in the Website before the Order is dispatched.
4.2 The delivery times indicated by Provocative Fashion are purely indicative and beyond Provocative Fashion’s control. Any delay on such times, or partial deliveries of the product caused by actions of a logistics service provider, shall not entitle the consumer to reject the product and claim compensations or indemnities from Provocative Fashion
4.3 The deliveries of the products shall be executed through the following licensed logistics service providers: DHL.
4.3.1. The Consumer shall be entitled to choose one of the logistics service providers, listed in art. 4.4. of the present General Terms of Sale.
4.4 To receive the delivery of the products, the Consumer shall sign the relevant receipt provided to him, having checked that:
4.4.1 the number of items delivered corresponds to the number indicated in the bill of parcels.
4.4.2 the packaging is intact, not damaged or wet, and, in any case, unaltered, including the sealing material (sellotape or metal strapping seals).
4.5 Any damage detected in the packaging and/or the product, and any discrepancy found in the number of items or in the indications contained in the bill of parcels, shall be immediately reported in the bill of parcel to be returned to the courier. In case of a hidden damage/malfunction of the product, the Consumer shall inform Provocative Fashion within a three-month term, considered from the purchase of the product.
4.6 Any problem concerning the integrity of the products received, their number and completeness must be reported within 7 days from the relevant delivery, in accordance with the modalities set forth in this document.
- Right of withdrawal
5.1 Consumer is entitled to withdraw from the purchase agreement for any reason, without penalty and without the need to give any explanation, within 20 (twenty) days from the date of delivery of the products.
5.2 Consumer may exercise the right of withdrawal set forth in art. 5.1 above, by filling in the blanks the specific form made available in the packaging of the product to be given back (the “Withdrawal Form”).
5.3.1 Send the product/s to be given back to the address expressly referred to in the Withdrawal Form by means of the courier indicated by Provocative Fashion in the Withdrawal Form (such means of redelivery is on the Provocative Fashion’s exclusive cost);
5.3.2 Send of the product/s to be given back to the address expressly referred to in the Withdrawal Form by means of the courier chosen by the Consumer (in such event, the costs for the redelivery will be on the Consumer’s exclusive account);
5.4 The product must be given back along with the original packaging (including the packaging materials and the documents, if any, accessories, labels, tags, seals, etc.) and it is to be carefully stored and used only for the time strictly necessary to verify its nature, specifications and size, and must show no signs of wear or dirt, as indicated below:
- The right of withdrawal may be exercised only with respect to the entire purchased product, partial withdrawals (accessories, complements, etc.) are not permitted;
- The transit of the product/s, until the Consumer receives confirmation that the product has been properly returned and delivered to the Provocative Fashion retail store, shall be at the Client’s exclusive responsibility for the cases indicated under points 5.3.2 and 5.3.3.. Therefore, if the product has been damaged during transit, Provocative Fashion shall inform Consumer thereof in order to enable the latter to promptly send the relevant complaint to the courier and claim a refund; the product will be made available to Consumer and the withdrawal notice will be cancelled;
- Provocative Fashion accepts no responsibility for products damaged, stolen or lost while in transit, or, in any case, in relation to their shipping, whenever the shipping back to Provocative Fashion is processed according to one of the modalities indicated under points 5.3.2 and 5.3.3..
5.5 Provocative Fashion shall refund to Consumer the whole amount already paid by the latter, including standard shipping costs that the same may have incurred in relation to the returned products (exclusive of any additional cost incurred as a result of a different and/or quicker typology of shipping and delivery) within 14 (fourteen) days from the date of the withdrawal. Unless otherwise agreed by the parties, the amount initially charged to Consumer will be written-off using the same means of payment used by Consumer in the initial transaction. In any case, no amount shall be charged to Consumer in relation to the refund. Provocative Fashion may withhold the refund until the returned product is properly received by Provocative Fashion or until Consumer demonstrates that the product has been correctly returned, whichever is earlier.
5.6 Once the products are received, Provocative Fashion will check them in order to verify that they are consistent with the terms and conditions set forth in this clause and, should the results of such verification be negative, it shall inform Consumer by email that the value of the returned products is reduced due to Consumer’s failure to comply with the conditions mentioned above. By the same mail, Provocative Fashion shall also notify the amount that it will deduct from the amount to be refunded, unless Consumer elects to have, at its own expense, the products sent back to him/her in the same conditions in which they were returned to Provocative Fashion.
5.7 In the event that the right of withdrawal is forfeited, Provocative Fashion shall send back to Consumer the purchased product, charging the latter with the relevant shipping costs and, if already refunded, the price of the product.
- Claims and queries
6.1 Any claim or query can be sent to EZI at the following Customer Care addresses firstname.lastname@example.org (click here).
- Applicable Law
8.1 The sale agreement under these Conditions and its performance are governed by Bulgarian Law, without giving effect to the conflicts of law provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods. Any dispute that may arise out of or in relation to the agreement shall be submitted to the competent court of the place where Consumer resides..
8.2 Please note that also the European Commission manages an Online Dispute Resolution website http://ec.europa.eu/odr/ dedicated to helping consumers and traders resolve their disputes out-of-court, including cross-border disputes.