Terms of service
OVERVIEW
This website is operated by Kalista Naturals ltd. . Throughout the site, the terms “we”, “us” and “our” refer to www.ninfaskincare.com. Kalista Naturals ltd. offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The contract language is exclusively English.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
Data Updated: 22.09.2024
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. The range of goods in our online shop is aimed exclusively at buyers who are over the age of 18.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
All prices on the Site are quoted in euros. They include VAT payable but exclude delivery charges, which are detailed separately. Please note that it is the customer's responsibility to pay any import duties that may be applicable for deliveries within their own countries.
We try to ensure that all prices given on the site are correct. However, mistakes can occur. If we have quoted an incorrect price on the site and if the correct price is lower than that the quoted, we will automatically assume that you wish to continue with your order. However, if the correct price is higher than that originally quoted, we will contact you to ask if you still want to order the goods.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return only according to our Refund and Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
After you have placed the order with us, we will send you an order acknowledgement by email with your order number and details of the product(s) you have ordered. This email is only an acknowledgement of receipt and is not an acceptance of your order. The acceptance of your order and a contract of sale between us will not take place until you have been advised the goods you have ordered are available and these goods have been paid for in full including any applicable charges. No payment shall be considered to have been received until we have received payment in cleared funds.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You should not disclose or transfer your username or password to any other person and you must notify us immediately if you become aware of any unauthorised use of your username and password. Without prejudice to our rights, we may suspend you access to the website without liability to you if in our reasonable opinion such action is necessary to safeguard the website.
For more details, please review our Refund Policy.
SECTION 7 - DELIVERY CONDITIONS
As soon as you make your order on our website, our automatic system will send you an email confirming that we have successfully received your order. We will process all orders within 48 hours of receiving your order, except on weekends and Bulgarian national holidays. Where there is a delay in the supply of goods, we will advise you as soon as practicable. If the goods cannot be delivered within 14 business days of your order, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us.
After the order is given to the delivery company, we will send you an email to confirm that it has been shipped. Orders will be sent to the delivery address that you have submitted on your order form. We cannot be held responsible if that delivery address is incorrect. Also, have in mind that all orders are delivered to your door.
Upon acceptance of the delivery by the customer or a third party without remarks, all and any subsequent claims for external visible defects of the received goods appear unfounded and as such should not be satisfied. In the event, that has been drawn up and signed a protocol for damages in the presence of the courier upon receipt of the goods and/or the customer does not immediately notify within 72 hours of delivery Kalista Naturals at the given contact forms, the customer loses the right of bringing the identified external visible defects in accordance with the sales contract.
Please note that we cannot deliver to PO boxes (There are some delivery restrictions on where we can deliver and these will be given to you on request). Any delivery time scales quoted to you are indicative only. Whilst we use only reputable delivery companies we do not accept any liability for delayed delivery caused by any third party. Delivery prices are visible on the Checkout page and also in our Shipping Policy.
In case of refusal to accept the delivery, the consumer shall owe all costs for the made delivery, which include the price of courier services and packaging.
SECTION 8 - TRANSFER OF OWNERSHIP
Upon sale of goods the ownership of the goods is transferred by Kalista Naturals to the customer or to a third party or representative designated by him with the delivery of the good to this person and after payment by him, if the value is not paid in advance (in the case of cash on delivery option used). Delivery of the goods shall be certified by the signature of the client or a person of his or representative on the transport document or receipt, provided and by courier.
The risk of loss or damage of the goods is on the customer as of the moment of delivery of the goods by the courier to the customer or third parties. If the courier is a person chosen by the customer, the risk is on the customer from the moment of delivery of the goods from Kalista Naturals to the carrier. In all cases, in case of established transport defect, the client is obliged to inform Kalista Naturals within the terms and conditions of Section 10 Transport Defects and Order Issues.
SECTION 9 - PAYMENTS
The accepted methods of payments on the website are credit/debit cards (processed through Stripe payment provider), Paypal and cash on delivery for selected countries. You confirm that the credit/debit card that is being used is yours or that you are authorised to use it. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non delivery. Furthermore, we are not obliged to inform you of the reason for the refusal.
You should note that your bank or card issuer may charge you as a result of our processing your credit/debit card payment in accordance with your order. Kalista Natuals ltd. has no responsibility for such charges.
In the case of cash on delivery the value of the ordered goods and delivery (unless free of charge) should be paid by the customer, by a third party designated by him or his representative to the courier, making the delivery, at the time of receipt of goods against fiscal bill, submitted by the latter; if such a method is chosen, an additional "cash on delivery" fee is charged. Payments are also accepted in cash upon delivery by another carrier or the seller's own transport, in which case the customer receives a receipt for the payment.
SECTION 10 - TRANSPORT DEFECTS AND ORDER ISSUES
In case of supply of goods, commissioned by Kalista Naturals, the client is obliged to carefully examine them personally or through a third person authorized by him, receiving the same. Upon detection of externally visible defects - any damage, strokes and other damage, established in delivery, customer or third party should sign the protocol damage in the presence of the courier, in which protocol describing identified defects and immediately, no later than 72 hours after delivery, notify Kalista Naturals of the findings.
When the delivered goods obviously do not correspond to the ones ordered by the Customer and this can be established during a simple inspection of the delivered goods, the customer has the right within 72 hours to ask Kalista Naturals to replace the delivered goods with goods corresponding to the order.
SECTION 11 - CANCELLING ORDERS
You have a right to cancel orders for items purchased from our website within a 14 working days period (from the day after the date on which the item in question was delivered). To cancel your order, please provide us with notice by email giving details of the item(s) ordered, the order number (where appropriate) and their delivery date.
If you exercise your right to cancellation after the item has been delivered to you, please follow the instructions for Refund and Return Policy. Please note you are responsible for the costs of returning the items to us.
You have to send back or hand over the goods to us in any case within 14 days from the day on which you informs us of the cancellation of this contract. The deadline is met if you send off the goods before the period of 14 days has expired.
For more details, please review our Refund and Return Policy.
SECTION 12 - NON-ACCEPTANCE OF THE ORDER
In case, a client or a person appointed by him is not found within the period for shipment to the given address and/or not be granted access to the delivery address, Kalista Naturals will accept the unfounded rejection of the contract and releases from its obligation to deliver the ordered goods, and the customer loses the opportunity to be delivered the goods ordered by him.
Kalista Naturals reserves the right to send to the email address specified by the customer a notification of an unsuccessful delivery, as well as to claim the costs of delivery and return of the goods. Kalista Naturals and the client agree, that the notification, when transmitted electronically, will be considered in writing and received by the date of its submission by Kalista Naturals, without requiring the notification is signed with a digital signature. The customer owes Kalista Naturals payment of the amount for delivery and return of the goods within 7 days of receiving notification, unless otherwise specified in the notification.
In the above cases the customer may confirm his desire to receive the goods after the expiration of the delivery period, in which he was not found at the address, but shall bear all delivery costs. In this case, a new delivery period starts to run from the moment of confirmation. Kalista Naturals is released from the obligation to supply, in case the ordered product is no longer available.
SECTION 13 - NEWSLETTERS AND ANNOUNCEMENTS
Users can subscribe to our newsletter directly from our website by providing email or by registering an account and/or an order in our system, could agree to receive to their email address the following:
- Newsletters or other notifications from www.ninfaskincare.com
- Order-related information
Every user can unsubscribe from our newsletter and notifications by sending an email to us with an official request.
SECTION 14 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 15 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 16 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 17 - PERSONAL INFORMATION
We collect and process Users' personal data in accordance with the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. The user agrees that www.ninfaskincare.com can process personal data in regards to using the services offered on the Site. Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 19 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, harm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 20 - DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ninfaskincare, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless ninfaskincare and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 22 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 23 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 24 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 25 - GOVERNING LAW
Disputes, occurred between Kalista Naturals and users and customers entities, will be solved by mutual agreement, or failing that, the disputes will be resolved in accordance with Bulgarian law.
The parties may resolve disputes arising between them out of court through the alternative settlement of disputes between consumers and traders, which is out-of-court conciliation proceedings on a voluntary basis. General reconciliation commissions facilitate the achievement of agreement between consumers and traders in disputes relating to contracts for sale of goods and services, general conciliation committees are set at regional significance, and jurisdiction to resolve disputes between Kalista Naturals ltd. and consumers physical persons The General Conciliation Commission in the specific territory. Consolidated list of recognized bodies ADR Member - States of the European Union can be found here.
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially settle disputes in connection with your online order without involving a court. The dispute settlement platform can be reached at this link.
We endeavour to settle any disagreements from our contract by mutual agreement. In addition, we are not obliged to participate in arbitration proceedings and, unfortunately, cannot offer you participation in such proceedings.
SECTION 26 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 27 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to our contact information as posted below:
Kalista Naturals ltd.
info@ninfaskincare.com
31 Lyuben Karavelov, 9700 Shumen, Bulgaria
tel.: +359 896 759 138
UIC: 207814295, VAT number: BG207814295