Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE PLACING AN ORDER ON THIS SITE
1. What is this document? Why is it important?
These sales and delivery terms ("Terms and Conditions") govern your order of goods that we offer and sell on this website ("Goods") and the shipment of these Goods to our delivery countries. "Website" refers to the website located at www.esamywear.com. By purchasing something on this Website, you are required to confirm your acceptance of these Terms and Conditions and, if you do so, a contract is formed between you and us in accordance with these Terms and Conditions. Therefore, it is important that you read these Terms and Conditions carefully before placing an order of Goods from this Website ("Order").
For further information, please consult our FAQ page or contact our customer service as indicated on our Contact Us page.
2. Who are we?
In these "Terms and Conditions", "we", "us" and "our" refer to the distributor of the Goods, Esamy Ltd., with its registered office at Slivnitsa 4, Pazardzhik, Bulgaria, Company Registration UIC 207555914. You can contact us through our Contact Us page. Our customer service is managed directly by us.
3. Are the product descriptions and prices accurate?
We strive to ensure that the information about the Goods is accurate and up-to-date. However, we cannot guarantee that the description and/or the prices of the Goods are free from errors or that the Goods will always be available when you place an order.
Similarly, the colors you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will display these colors accurately.
We reserve the right to modify the information about Goods displayed on our Website, including prices, descriptions, and availability. However, such changes will not affect orders for which you have already received an email confirming the receipt of your order (see below).
4. How can I place an order on this Website?
We describe here all the steps required to place an order (legally, to conclude a sales contract) on our Website. The process outlined below is available in the following languages, depending on the language you accessed the Website in: English, Bulgarian, German.
The completed contract will be sent to you at the end of the process and will also be accessible to us in the future – but not modifiable.
- Step: Place an Order
To make a purchase, you must first place an order for the Goods. This order must then be accepted by us.
The minimum age for placing an order is 18 years. To order Goods on the Website, select the products, choose your preferred shipping method, and, if desired, select any additional services, then click the "BUY NOW" button. We do not accept orders that deviate from the details mentioned above.
- Step: Order Confirmation
After placing an order on the Website, you will receive an automatic email confirming the order ("Order Confirmation Email"). The Order Confirmation Email contains all the details of your order (such as order number, product information, prices, your delivery address, shipping costs, etc.). Please note that the Order Confirmation Email does not yet constitute acceptance of your order.
- Step: We confirm that the Goods have been shipped – the contract is concluded!
If your order is accepted, we will send you an email confirming the shipment of the Goods ("Shipping Confirmation Email").
Once you receive the Shipping Confirmation Email, your order has been accepted by us and the sales contract between you and us regarding the shipped Goods is concluded. This contract consists of: your order, your Order Confirmation Email, and your Shipping Confirmation Email, and the applicable Terms and Conditions at the time of the contract. No additional terms apply.
The Shipping Confirmation Email will contain a non-modifiable copy of the applicable Terms and Conditions at the time the contract was concluded.
Non-Accepted Orders
Although we strive to accept all orders, in certain cases, an order may be rejected, for example:
i. If you provide incomplete, incorrect, or false information regarding your identity, age, payment details, billing information, or shipping address;
ii. If we determine that there is an error on the Website regarding the Goods you ordered, such as price or description;
iii. If the Goods you ordered are unfortunately no longer in stock or available;
iv. If we have reasonable grounds to believe you intend to resell our Goods.
If we are unable to accept your order, we will contact you as soon as possible, but no later than 30 days from the order date. If we cannot accept your order due to unavailability of Goods or due to an error in price and/or other information on our Website, we will refund any amount already paid for these Goods.
5. How can I pay for the Goods?
We accept various payment methods for product purchases on this Website. These include:
- Credit Card: Visa, MasterCard, American Express.
- Debit Card: Visa, MasterCard.
- Apple Pay
6. When will the Goods be delivered? Can I track the shipment?
Delivery times vary based on your location and the season. The shipments can be tracked. Detailed information can be found on our Shipping page.
7. I want to return a product purchased on this Website. What should I do?
We hope you are satisfied with your purchase from ESAMY, but we understand if you wish to return a product or all Goods. If you are not satisfied or if you simply changed your mind, you can return the Goods within 14 days of receipt (right of withdrawal).
In this case, you will receive a refund. Further details, conditions, and instructions for returning Goods can be found on our Returns and Exchanges page.
8. Who can I contact if I have issues with a purchase or product, or if I want to make a complaint? Does ESAMY offer after-sales customer service?
If issues arise or if you want to make a complaint regarding a product or purchase on this Website or if you need after-sales customer service, please contact us as indicated on our Contact Us page.
9. What liability does Esamy have if issues arise after a purchase or with the product?
Our liability for damages caused by slight negligence is, regardless of the legal grounds, as follows: (i) we are liable up to the amount of the typically foreseeable damage at the time of the contract; (ii) we are not liable for slight negligence in the breach of any other applicable duty of care.
The above liability limitations do not apply in cases of mandatory legal liability and liability for wilful personal injury. Furthermore, these liability limitations do not apply if and to the extent that Esamy has provided a specific guarantee. The foregoing provisions also apply to our liability for futile expenses.
In any case, you should take reasonable precautions to prevent and minimize damage.
Please also note that we cannot be held responsible for delays or failures to meet our obligations under these Terms and Conditions if such delay or failure is caused by circumstances beyond our reasonable control, including, for example, natural disasters; war or unrest, strikes, government interventions, supplier failures, or errors on your part in providing correct information or making payments. We will inform you as soon as possible after the occurrence of any unforeseen event and will do our best to mitigate its impact. If the interruption lasts more than 2 weeks, you are entitled to cancel the order and request a refund.
Nothing in these Terms and Conditions can affect your statutory rights as a consumer, such as your right of withdrawal or your right to a free warranty for defective Goods, as mentioned in Clause 7, and nothing in these Terms and Conditions can exclude or limit Esamy Ltd.'s liability that cannot be excluded or limited under applicable law.
10. Will my personal data be collected and processed on this Website? Why? How?
By placing your order, you consent to the storage, processing, and use of your personal data for order processing. We will process your information in accordance with our Privacy Policy.
11. Use of the Website
The use of this Website is also subject to the terms of use of our Website.
12. Which law applies? And the jurisdiction in case of disputes? Does Esamy adhere to a specific code of conduct?
These Terms and Conditions are governed by and construed in accordance with the laws of Bulgaria, excluding its conflict of laws principles. For all disputes arising from the purchase on the Website or from the purchase of any Goods, the exclusive jurisdiction shall be the Pazardzhik City Court, Bulgaria, subject to any mandatory statutory provisions applicable to the consumer's habitual residence.