TERMS OF PURCHASE

 

1. Introduction

The following terms refer to any order you place, any purchase of goods you make, as well as any service you might request, performed through our website. We kindly ask that you read thoroughly the present document together with our Terms of use, our Privacy Policy and our Cookie Policy, which constitute the Legal Information that governs the use of our website. Please make sure that you are fully aware of the following terms and conditions before placing an order, as by doing so you declare that you agree with our terms and policies in their entirety and that you understand that they are legally binding.

If you have any questions about the following terms please do not hesitate to contact us (link to Terms of use)

 

2. The contractual parties

When you place an order to make a purchase of any product that we offer on our website, you enter into a distance sales contract concluded by electronic means. Our offers and services are addressed to consumers only. Please do not use this website for business purposes and wholesale.

The trader of the products is ILMATEX EAD, registered in Bulgaria, 17 Europe Boulevard 2800, Sandanski. ILMATEX will receive your payment and will arrange the timely delivery of your order in collaboration with third parties.

Please keep in mind that in order to place an order you must be at least 18 years old, and you must have the legal capacity to perform legal acts and especially that of entering into bilateral agreements. You are considered to qualify for both conditions by the time you place an order using our website.

 

3. Placing an order and concluding a sales contract

If you wish to place an order, you may do so as a guest or by creating an account so that you register on our platform. For that purpose, you will be asked to provide us with personal information, which we need in order to proceed with the execution of your order. You can find further information on the terms of creating an account here (link to creating an account in the Terms of use). To register a new account, click here (link to register new account).

To manage your order, you will be asked to provide us only with necessary personal information which you will enter into your account. Your data shall be processed in accordance with the law and as specified in our Privacy Policy. Please make sure that you provide us with truthful, accurate and updated information (your name, e-mail, billing and delivery address e.tc.), so that we can properly process your order.

To place an order, please click on your product(s) of choice and add them to your cart. You can always update your cart before you proceed to checkout to complete the order, as well as apply any coupons you might have. After you click on the checkout button, you will be asked to fill in your billing and shipping details to place your order. Then you will be redirected to the bank platform where will shall enter the bank details requested.

 

Please remember that all of our products are subject to availability. The description of the products such as dimensions, coloring and other features are approximate, and their appearance might differ depending on the monitor of the terminal device that you use. Therefore, the product that is depicted on the image might not be identical to the one you receive. To help you have a better understanding of the product you can find below each picture the typical measurements of the model as well as their size. We work hard to present immediate information in case there are only a few or no items of a specific product in stock. In that case we may present you with a substitute product that may also interest you. We may also remove any product or related material from our website without prior notice.

Once you submit your order you shall automatically receive an order confirmation e-mail, so that you are aware that we have received your order and we are processing your request. However, this confirmation e-mail does not constitute under any circumstances an acceptance of your order. We shall accept your order after we evaluate the availability of the product and have it ready to dispatch. The sales contract is concluded only after you receive the order acceptance and dispatch e-mail that we will send you, if we can supply you with the product you ordered. This process shall take no more than a week. We will not charge you prior to the dispatch of your order. In exceptional cases where we might not be able to ensure or execute the delivery of your order, we will refund you in full in no more than 14 days from the date we receive your payment. However, we shall not be held liable for any further damages or losses you might claim due to the refusal of your order or failure to perform.

Although we work hard to execute all orders, exceptional circumstances may impede us from doing so. If we are unable to supply you with the product you have ordered, we will notify you via e-mail as soon as possible.

Please do not place invalid or fraudulent orders. In that case we shall decline your order, cancel your account, and refer the matter to the competent authorities.

 

4. Pricing policy

The price of the product is displayed below the picture of the presented item. We reserve the right to alter our prices at any time without prior notice, except for the orders that have already been executed before any alteration. From time to time, we may implement discount policies on all merchandise or on specific items.

The prices appear in Euros and include taxation where applicable. Value Added Tax (VAT) is compulsory for all products, in compliance to the applicable legislation and regulations of the EU. The VAT appears separately from the net value of the product on the final page before you confirm and send your order. The VAT is applied to the sales price and is implemented as a destination-based tax. For that reason, its rate is not standard but depends on the rate set at the destination country where the goods are delivered and consumed. For more information about the VAT in cross-border e-commerce click here https://vat-one-stop-shop.ec.europa.eu/index_en

Delivery and carrier costs depends on the shipping destination. Such costs appears separately in a different scale on the checkout page before you confirm your order. Should you select an “express” form of shipping instead of the economy, you may be charged with an extra fee. Our products and delivery services are offered within Europe. You can find out more about shipping costs and estimated delivery time depending on the shipping destination here (DHL table)

 

We will not charge you with any other fees. However, it is possible that your local bank charges you extra fees to proceed with the transfer of the payment, especially if your local currency is other than Euro. Additional costs such as custom duties are possible, but that depends on the delivery destination and your local customs authorities. In addition, you must comply with any import or export controls.

If an error in pricing occurs, we will notify you at once so that you are able either to withdraw your order or to confirm it with the actual price. In any case, we will not charge you before your confirmation. Unless you confirm your order with the correct pricing within 5 working days from our notification, we will assume that you are not interested in the product, and we will cancel your order, which you will also be notified of. If you detect an obvious inaccuracy in pricing, please notify us to restore the fault immediately.

 

You may pay by debit or credit card and Pay-Pal. We accept Visa and Mastercard. We issue receipts and invoices electronically.

To carry out the payment with a debit/credit card, a verification procedure must be followed. When you insert your card details, you also confirm that you are the true holder of the card or that you have obtained the holder’s approval to make use of their card.  If you fail to present a valid debit/credit card, your order cannot be further processed. We try to be as discrete as possible towards your personal data, especially when it comes to your bank and financial details. For that purpose, we are implementing measures to keep them safe and avoid any illegal access or leak to unauthorized parties. Meanwhile we are trying to facilitate any future purchases, so that placing an order does not turn into a time-consuming process. To ensure the integrity of your data, we implement encryption methods in their submission.  For more information on how we process your personal data, click here (link to the Privacy Policy).

In addition, when we receive your order, a pre-authorization procedure is initiated to ensure that you maintain adequate funds or credit to conclude the payment. For that reason, when you place an order, you will be asked to approve the transaction. Immediately after that, a temporary hold on the deposit of your account or credit is applied by your bank, to withhold the necessary amount or credit to proceed with the payment. After that, your order will be submitted, and we will continue processing it. Failure to establish sufficient funds, leads to an automatic block of the submission of your order. Once your order is ready to dispatch, the temporary hold is replaced by a debit one within the next 24-48 hours and the payment is completed. Your transaction with us will appear in your card or bank statement as “unders.eu” or “UNDERS.EU SANDANSKI”. We shall not be considered liable for fraudulent or unlawful use of your cards that derives from third-party actions. We also disclaim any liability regarding delays or other malfunctions attributed or deriving from the bank or other financial institution.

Should you detect any suspicious banking movements, please contact the card issuer immediately.

 

5. Dispatch and delivery of the product

By the moment we send you the order acceptance and dispatch e-mail, the products will arrive at the indicated delivery address within the next 5-7 working, unless otherwise specified in that e-mail, according to your location and the number of orders we have to manage during that period. You may choose between express (estimated delivery time 1-5 business days) or economy (estimated delivery time 5-7 business days) shipping services and you shall be automatically informed about the shipping fee, depending on the delivery address and the product weight.  We offer free shipping on orders over 100 Euros.

You may track your order by using the carrier’s tracking system. Our service providers may contact you to arrange specific timeframes for the delivery of your order. These arrangements, however, are subject to change.

Along with the products ordered and their packaging, you will receive your receipt or invoice and the shipping document. When you (or the person you have authorized to act on your behalf) receive the order, you acquire full ownership of the products. At the moment of delivery, in order to avoid deceitful receipt of the products from unauthorized people, you, or any person you have authorized to act for that matter on your behalf will be asked to demonstrate proof of identity to make sure that the order is being delivered to the right customer, as well as to sign a document of receipt. If you cannot be found at the delivery address at the arranged time of delivery, our service providers will leave you a notification so that you collect your order from the drop off spots they operate. If you would like to arrange delivery on another day, this might be subject to additional costs you will have to bear. The risk of loss, damage or destruction is transferred to you from the moment of the arranged delivery. This means that if you cannot be found at the delivery address, all risks pass on to you.

If you refuse to accept the delivery of the product, even with no apparent reason, your order will be cancelled, and we will refund you for the payment in no more than 14 days upon your rejection. We shall assume that you reject any delivery of your order you do not collect from the drop-off point that our courier associates operate within a reasonable period of time, but no more than 14 days after the notification our courier leaves for you at the delivery address. However, in that case we shall deduct the cost for returning the products back to our warehouse from the amount of the total refund.

In case of delay, we shall do our best to inform you about the progress of your order. Despite that, you have the right to cancel your order or refuse to receive the products due to failure to perform. In that case we will reimburse you in full within the next 14 days.  We shall not be held liable for any further damages or profit loses emerged from the delay or failure of the delivery.

 

6. Right of withdrawal

You have the right to withdraw from the contract (under Consumer Rights Directive 2011/83), without giving any reason whatsoever within a period of 14 days starting from the date you (or a third party indicated by you, other than the carrier) acquire physical possession of the products. You shall not suffer any penalties if you chose to exercise your right of withdrawal. If you have ordered multiple products with one order, the above-mentioned period does not start before you acquire physical possession of the last product, if they arrive separately. Remember that if you have ordered multiple goods, you can exercise your right even for one or some of the products you have received. Please note that your right to withdraw cannot be exercised if the products were designed according to your preferences and standards. The same applies for products which are not suitable for return due to health protection or for hygiene reasons, if they were unsealed after the delivery.

To exercise your right, enter your orders through your personal account on our platform, find the product(s) you have purchased and select those you wish to return. Alternatively, you can inform us about your decision to withdraw from the contract just by completing the model withdrawal document below, which you can send by electronic means to the following e-mail address customercare@unders.eu . This form is not obligatory and instead of it you can make any other unequivocal statement regarding the exercise of this right using the same e-mail address mentioned above.

The exercise of the right to withdraw shall terminate our obligations towards each other. Therefore, on your part you have to send back to us the products in the condition they were when you received them, preferably in their original packaging, without undue delay and in any case not later than 14 days from the date on which you communicated to us your decision to withdraw. Please do not forget to include the receipt/invoice and the shipping document.  After we receive your withdrawal e-mail, we shall respond to you, confirming that we are aware of your decision and that we accept it. You should return the product within the above timeframe in the following address: Europe Boulevard 17 2800, Sandanski, Bulgaria, which is also mentioned on the receipt, using the same courier services that had the product delivered to you in the first place. You should know that in any case you bear the direct cost of returning the products.

On our part, we will reimburse you in full including the costs of the initial delivery of your order in no more than 14 days from the moment we receive your decision to withdraw. We will use the same means of payment as the one you used for the initial transaction. However, we reserve the right to withhold the reimbursement until we actually receive the products to establish their condition or until you provide us with a proof that you have sent back the products intact.

You are kindly asked to limit the use of the product you wish to return to the extent necessary for you to understand if the product meets your expectations and whether you enjoy its characteristics or not. You shall be deprived of your right of withdrawal and reimbursement if you alter the initial form of the product, or you spoil it, or have it separated from its supplements and labels. In addition, you shall be held 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 function of the goods. In that case we shall deduct this value from the amount of the total refund. Do not unseal lingerie and underwear, as doing so excludes you from exercising your right due to hygiene reasons.

The same right applies in case of incorrect supply.

 

7. Change of size

Within 14 days of receipt, you can exercise your right to change the size of the product you have bought, without any additional costs as long as you return the original item of your order. This right stands irrespective of your right to withdraw.

You can submit your request of change of size as long as it concerns the same product, and its price is not less than the one you have originally paid. For that purpose, you can use the e-mail address customercare@unders.eu Once we receive your request, we will respond with a confirmatory email, informing you about the availability of the product in the requested size, as well as the procedure you will need to follow in order to return the item you have originally received, by using the same carrier services that delivered the original order. We shall not charge you with additional delivery fees unless you fail to return the original item within 14 days after you submit your change of size request. We shall have the new order delivered within 14 days upon receival of the original item or after you demonstrate proof that you have already send us the product back to the address outlined in our e-mail. In case of nonavailability of the requested size we will inform you via e-mail giving you the opportunity either to keep the original order or to exercise the right to withdraw. You might also return the initial product and keep store credit for any future purchase.  

In order to exercise this right, the original product must remain intact, without any damages or alterations. Keep in mind that due to hygienic reasons lingerie and underwear cannot be changed if the package in unsealed after delivery. If the original product we receive back from you is of diminished value resulting from mishandling, we reserve the right to charge you accordingly, however the amount shall not exceed the initial price of the product.  

It goes without saying that this right together with the right to withdraw stands for the new order as well.

 

8. Defective products

We try to ensure that our products are of the highest quality and that you receive them in the best condition possible. However, in extraordinary cases the product that you receive might be defective or present with inadequacies that render it inappropriate for the use it has been originally designed for. Should you detect any defects, please notify us without delay, in order to restore the damage, by sending us an e-mail at customercare@unders.eu. Once we receive your e-mail we will respond to you, giving you all the necessary details on how to return the defective product back to us, by using the same courier services that had the product delivered to you in the first place. You shall not bear any additional cost for the return of the defective product.

When we receive the defective product, we shall examine it carefully to establish its condition and its flaws and we will address you again via e-mail to inform you about your options. In that case you could either request a replacement of the product or a full refund including delivery expenses. Please follow our instructions to return the defective product and to select between a replacement or a refund within a reasonable period of time, by replying to our previous e-mail. We shall execute your choice within 14 days of your communicating your choice to us. If you select to be reimbursed, we will do so by using the same means of payment you used to execute the initial payment.

However, the right to return a defective product and request for the damage to be restored can only be exercised as long as you have not contributed in any way to the manifestation of the flaw or the inadequacy. You are considered to have contributed to the defect’s appearance if you have mishandled the product, for example by scratching it, by ripping it or by not following the washing and ironing note mentioned on the label of the item. 

This return policy shall not interfere with any rights you might have according to the law in force as a consumer.

 

9. Liability

We shall execute our contractual obligations towards you with all due diligence. However, our contractual liability shall not exceed the amount you have paid for the purchase of the product. You are not to be held liable for any damages or profit losses you might claim regarding the conclusion, execution or cancelation of a sales contract or our failure to perform it.

We shall not be held liable in case of events that appear beyond our control. For as long as these event last our contractual obligations towards you are suspended. These events include, but are not limited to: epidemics and natural disasters, unavailability of means of transportation or communication, legislation and sanction rules, strikes, etc.

This policy shall not affect or forfeit your rights as a consumer according to the applicable law in force.

With this policy we neither exclude nor limit our liability for personal injury, harm, death, fraudulent or other unlawful behavior, or for any event where a limitation of liability is prohibited by law. 

 

10. Other legal terms

Clauses 8 (waiver), 9 (partial invalidity), 10 (entire agreement), 11 (applicable law and jurisdiction) and 12 (modification) of our Terms of use shall apply accordingly with regard to the sales contract and its provisions.

 

11. Online Dispute Resolution

Since the sales contract is concluded online between us as a trader and you as a consumer, in case of any controversy or dispute you can opt for an out of court settlement according to the EU Regulation 524/2013. For that purpose, you can access the online dispute resolution platform you can find here 

https://ec.europa.eu/consumers/odr/main/?event=main.consumer.rights

Model withdrawal form

 

To ILMATEX EAD, 17 Europe Boulevard 2800, Sandanski, Bulgaria, e-mail. customercare@unders.eu

 

I hereby give notice that I withdraw from my contract of sale of the following goods (insert product code)

 

—

Ordered on

Received on

Name of consumer

Billing address of consumer

Delivery address of consumer

 

Signature of consumer

Date