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TERMS AND CONDITIONS
Diliana’s ("DILIANA" "we"
"us") website(s) (our "Site" or "Sites") and
related services are made available to you in accordance with the following
Terms of Use & Service, and any other rules posted on our Sites
(collectively, the "TOS"). Please read the TOS carefully before
placing any orders on www.diliana.com We recommend you should keep a copy of
the TOS for future reference.
DILIANA is a trading name of DILYANA M DESIGN
LTD, a company registered in BULGARIA under registration number 205803019. Our
registered address is Brezovsko Shose 149 Plovdiv 4000 Bulgaria. Our VAT number
is BG205803019.
Contact:
Address
Brezovsko Shose 149 Plovdiv 4000 Bulgaria
Telephone number: 00359884556850
E-mail: info@diliana.com
In
particular, we wish to draw your attention to our policies relating to the
terms of purchase within the TOS and our Privacy Policy. If you are under 16
you must let your parent or guardian know about DILIANA’s Privacy Policy before
you register to use this Site or any of this Site's services. We reserve the
right to only accept orders from those over 18 however.
We may modify the TOS from time to time. Please
read the TOS and check back often. If you do not agree to any change to the TOS
then you must immediately stop using the Site. Any changes made after you have
placed an order will not affect that order unless we are required to make the
change by law.
To
use some of the services or features made available to you on this Site you
will need to register for an account. When you register you are required to
provide information about yourself that is true, accurate, current, and
complete in all respects. Should any of your registration information change,
please notify us immediately at the following e-mail address info@diliana.com.
We may also change registration requirements from time to time.
Here are
the some of the benefits you’ll be able to enjoy by registering with us for a DILIANA
account:
o
Track your orders and review past
purchases
o
Request your return or exchange
directly from your account
o
Build a customized Wish List to create
personalized outfits that you can email to friends and family. Plus, you can
also print your shopping lists for increased convenience
o
Add sold out items to your Wish List so
you can see if more stock arrives
o
Save your address and card details so
you can shop even quicker next time
o
Manage your account details, address
book and email preferences
To
create an account, simply click on SIGN IN and then REGISTER NOW to fill in
your details. The account password you create should be unique and kept secure,
and you must notify DILIANA immediately of any breach of security or
unauthorized use of your account.
Should
you have any issues with your account or need any help in relation to it, then
please do not hesitate to contact our Customer Care team. However, please note
that we can only communicate with the named account holder in relation to any
questions, changes or cancellation of an account.
Forgotten
password
If you have forgotten your password, follow the FORGOTTEN PASSWORD instructions
on the SIGN IN page. For security reasons we are unable to send your password
via email.
Please
refer to our Privacy Policy for information about how we use your data.
In order to make purchases on the Site you will be required to provide
your personal details. In particular, you must provide your real name, phone
number, e-mail address and other requested information as indicated.
Furthermore, you will be required to provide payment details that you represent
and warrant are both valid and correct and you confirm that you are the person
referred to in the Billing information provided.
The Site
is available only to individuals and others who meet the DILIANA terms of
eligibility, who have been issued a valid credit/debit card by a bank
acceptable to DILIANA, whose applications are acceptable to DILIANA and who
have authorized DILIANA to process a charge or charges on their credit/debit
card in the amount of the total purchase price for the merchandise which they
purchase. Products purchased by the buyer are for personal or gift use and
should not be re-sold, used for commercial purposes or any other commercial
benefit. In addition, DILIANA reserves the right to restrict multiple
quantities of an item being shipped to any one customer or postal address.
By
making an offer to purchase merchandise you expressly authorize us to perform
credit checks and where DILIANA feels necessary, to transmit or to obtain
information (including any updated information) about you to or from third
parties, including but not limited to your credit/debit card number or credit
reports (including credit reports for your spouse if you reside in a community
property jurisdiction), to authenticate your identity, to validate your
credit/debit card, to obtain an initial credit/debit card authorization and to
authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by
you in order to conduct appropriate anti fraud checks. Personal Information
that you provide may be disclosed to a credit reference or fraud prevention
agency, which may keep a record of that information.
Please
refer to our Privacy Policy for further information about how we use your
data.
All orders are subject to acceptance and availability, and items in your
shopping basket are not reserved and may be purchased by other customers.
DILIANA offers
products for sale that are in stock and available for dispatch from our
distribution center. Occasionally however, we may be waiting for shipments from
our production facility. Consequently you may from time to time be given the possibility
of making an Advance Payment for certain items in which case you are able to
make an Advance Purchase. This will ensure that you receive this item in
priority once item/s stock has been delivered to DILIANA. DILIANA will only
take Advance Purchase orders for stock that has been scheduled for delivery by
our production managers. Your rights regarding Advance Purchase are the same as
those for any other purchase at DILIANA. Alternatively, you may simply choose
to register your email address for notification of arrival of the selected
merchandise not held in stock.
Items
received into stock may be pre-allocated to satisfy Advance Payment orders and
customers making Advance Payments will receive items in priority to customers
on the Waiting List or customers ordering through the Site for immediate
delivery. Please be aware that we may be unable to deliver selected Advance
Payment merchandise due to production problems or quality check issues
identified when we receive an order into stock. In these circumstances we will
notify you by email and refund the Advance Payment to your credit/debit card
within thirty days of being advised that merchandise has become unavailable.
If you
have registered your email address for notification of the arrival of a specific
product featured on our Site, we will attempt to notify you by email within 48
hours of the product becoming available on the Site. Please be aware that on
occasion certain products that are in particularly high demand will sell out
during this period.
DILIANA will
store a record of your transactions for a minimum of one year.
Prices shown on the Site are in GBP, Euros and USD and are inclusive of
VAT at the applicable rate unless you have selected an alternative country
where VAT is not chargeable, as indicated in the top left hand corner of the
Site.
All
prices and offers remain valid as advertised from time to time. The USD, GBP or
Euros price of a product displayed on the Site at the time the order is
accepted will be honored, except in cases of patent error.
From
time to time, prices are subject to change in response to currency exchange
rate changes,markdowns and other commercial factors.The price applicable to
your order will be the price current at the time your order is accepted.
Customers
purchasing from a country served as DDP will incur relevant import duty and
tax. These costs are included in the final purchase price. Customers purchasing
from a country served as DDU will be charged for the items purchased and
shipping costs only. Import duty or tax costs will be invoiced to you directly
from DHL or an import broker appointed by you. We recommend you contact your
local customs authority to determine a landed cost price prior to purchase
completion.
If you
are a customer whose credit/debit card is not denominated in USD, Sterling or
Euros, the final price will be calculated in accordance with the applicable
exchange rate on the day your card issuer processes the transaction.
· SALE PRICE ADJUSTMENT POLICY
DILIANA is happy to offer a Sale Price Adjustment on items purchased up
to 7 days prior to the commencement date of a sale. Please be aware that the
exact style and size of an item must be available for purchase at the time your
request is made before any adjustment in the sale price can be approved. All
approved Sale Price Adjustments will be credited to your DILIANA account in the
form of a store credit which will be valid for 12 months.
We are
unable to offer price adjustment on items originally purchased in a sale or on
any special promotion items that are temporarily reduced in price. Once an item
has been purchased at a discounted sale price, no price adjustment will be
offered should the item be further marked-down.
Once you have made your choice and your order has been placed, you will
receive an email acknowledging the details of your order. This email is NOT an
acceptance of your order, just a confirmation that we have received it.
Unless
you cancel your order, acceptance of your order and completion of the contract
between you and DILIANA will be completed when we email you to confirm the
goods have been dispatched. The sale contract is therefore concluded in
Plovdiv, Bulgaria and the language of the contract is English. Neither our
third party payment processor nor our nominated courier has the authority to
accept an order on behalf of DILIANA.
We
reserve the right not to accept your order in the event, for example, that we
are unable to obtain authorization for payment, that shipping restrictions
apply to a particular item, that the item ordered is out of stock or does not
satisfy our quality control standards and is withdrawn, or that you do not meet
the eligibility criteria set out within the TOS.
We may
also refuse to process and therefore accept a transaction for any reason or
refuse service to anyone at any time at our sole discretion. We will not be
liable to you or any third party by reason of our withdrawing any merchandise
from the Site whether or not that merchandise has been sold, removing,
screening or editing any materials or content on the Site, refusing to process
a transaction or unwinding or suspending any transaction after processing has
begun.
Whilst
every effort is made to make sure details on our website are accurate, we may
from time to time discover an error in the pricing of products. If we discover
an error in the pricing of a product in your order, we will let you know as
soon as possible. We shall be under no obligation to accept or fulfil an order
for a product that was advertised at an incorrect price and reserve the right
to cancel such an order that has been accepted or is in transit. If you order a
product that is priced incorrectly for any reason, we will email or telephone
you to inform you that we have not accepted your order and/or that the relevant
part of your order has been cancelled. If you have already paid for the goods,
we shall refund the full amount as soon as we are able. In the event that
products are recalled in transit, we will process your refund once the products
have been returned to us.
We accept Visa, MasterCard, American Express, Maestro and JCB
cards, and any other methods which may be clearly advertised on the Site from
time to time. You can also choose to pay with PayPal. When selecting this
option at checkout, you will be directed to the PayPal site to 'Log In' and
review the amount shown before clicking 'Pay Now'. Once this transaction is
complete, you will then return to DILIANA.COM. Payment will be debited and
cleared from your account upon dispatch of your order by DILIANA. You confirm
that the credit/debit card that is being used is yours or that you have been
specifically authorised by the owner of the credit/debit card to use it. All
credit/debit card holders are subject to validation checks and authorization by
the card issuer. If the issuer of your payment card refuses to authorize
payment to DILIANA, we will not be liable for any delay or non-delivery.
We have
Cash at Delivery option for certain countries. You can check them here
We take
reasonable care to make our Site secure. All credit/debit card transactions on
this site are processed using Bulbank, a secure online payment gateway that
encrypts your card details in a secure host environment. If you are a
registered DILIANA user, we will securely store your credit/debit card details
on our systems. These details will be fully encrypted and only used to process
card transactions which you have initiated.
To help
ensure that your shopping experience is safe, simple, and secure, DILIANA uses
Secure Socket Layer (SSL) technology.
Furthermore,
we take reasonable care, in so far as it is in our power to do so, to keep the
details of your order and payment secure, but in the absence of negligence on
our part we cannot be held liable for any loss you may suffer if a third party
procures unauthorized access to any data you provide when accessing or ordering
from the Site.
Promotion codes are non-transferable and there is no cash alternative.
Furthermore, they cannot be used in conjunction with any other promotion code
or offers, and must be redeemed by the date published, if provided.
You will own the goods on and from the later of the point in time when:
(a) we receive payment in full, or (b) we deliver the goods to you.
DILIANA insures
each purchase during the time it is in transit until it is delivered to your
specified delivery address. We require a signature for any goods delivered, at
which point responsibility for your purchased goods passes to you. If you have
specified a recipient who is not you for delivery purposes (for example as a
gift) then you accept that evidence of a signature by them (or at that delivery
address) is evidence of delivery and fulfillment by DILIANA, and transfer of
responsibility in the same way. The goods are your responsibility from the time
we deliver them to the address you gave us.
DHL can
deliver to certain destinations without collecting a signature. If this option
applies to your delivery address, you can update your preference on the
shipping page at checkout before proceeding to purchase. Please note, that if
no signature is collected, you agree to our terms and conditions and, confirm
that DILIANA can leave your package(s) outside the premises at the shipping
address provided by you without obtaining a signature for proof of delivery and
take full responsibility for any loss or damage that may occur. On occasion,
DHL may refuse to deliver your order if they are of the opinion that the
shipping address is considered to be unsafe.
Please
note that we aim to dispatch all orders within 24 hours, or 48 hours during
sale periods. Delivery times appearing on the site are estimates and are to be
used as a guide only and commence from the date of dispatch. In any event, we
will deliver the goods to you within 30 days of the day on which we accept your
order. DILIANA is not responsible for any delays caused by destination customs
clearance processes.
If
delivery is delayed by any event outside of our control, we will contact you as
soon as possible to let you know and we will take steps to minimize the effect
of the delay. Provided we do this, we will not be liable for delays caused by
the event, but if there is a risk of substantial delay you may contact us to
cancel your order and we will give you a refund for any goods you have paid for
but not received.
CANCELLING YOUR ORDER
UNDER THE CONSUMER CONTRACTS ( INFORMATION, CANCELLATION AND ADDITIONAL
CHARGES) REGULATIONS 2013
If you
are based in the EU under the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel
your order with us provided you give us written notice.
Right to Cancel under the ICACRs
You have
the right to cancel your order within 14 days without giving any reason.
The
cancellation period will expire 14 days from the day after the day on which you
(or someone you nominate, other than a carrier) receives the last of the goods.
To
exercise the right to cancel, you must inform us by letter to: Notice of
Contract Cancellation, Customer Care Department, DILYANA M DESIGN Ltd,
Brezovsko Shose 149 Plovdiv 4000 Bulgaria, or by email to: info@diliana.com
You may also use the cancellation
form, but it is not obligatory.
For
orders cancelled under the ICACRs, we will issue you with a full refund
including the shipping cost paid by you. We may make a deduction from the
reimbursement for loss in value of any goods supplied, if the loss is the
result of unnecessary handling by you.
We
will make reimbursement without undue delay, and not later than:(i) 14 days
after the day we receive back from you any of the goods supplied; or
(ii)(if earlier) 14 days after the day you provide us with evidence that the
good have been returned; or
(iii) if no goods were supplied, 14 days after the day on which we are informed
about your cancellation.
We will
make reimbursement using the same means of payment as you used for the initial
transaction, unless you have expressly agreed otherwise; in any event, you will
not incur any fees as a result of the re-imbursement.
In the
event that we have sent goods to you and you have cancelled your order, we may
withhold reimbursement until we have received the goods back or you have
supplied evidence of having sent the goods back, whichever is the earliest. If
we do not receive the goods back, we may arrange to have them collected from
you at your cost.
You
shall return cancelled orders to: DILYANA M DESIGN, Brezovsko shoes 149 Plovdiv
4000 Bulgaria, without undue delay and in any event not later than 14 days from
day on which you communicate your cancellation of the contract to us. The
deadline is met if you send the goods before the period of 14 days has expired.
You will
have to bear the cost of returning the goods.
You are
only liable for any diminished value of the goods resulting from the handling,
other than what is necessary to establish the nature, characteristics and
functioning of the goods.
Please
note you may only use your right to cancel the order under the ICACRs if you
give us formal written notice of cancellation any time after your order has
been placed, up until 14 calendar days from the day after you receive your
order, by email or post as described above.
RETURNS AND EXCHANGES
As an alternative to using your rights under the ICACRs, you may prefer to return or exchange items. You must request your exchange or return and send your unwanted items back t
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