Terms and Conditions
of the e-commerce platform thebodyshop-ks.com
Article 1. These general terms and conditions are intended to regulate the relations between Axiom shpk, Fiscal Number 810102202, with address in Zona Industriale Veternik, Prishtina, Kosove, PROVIDER, and customers, hereinafter referred to as USERS , on the e-commerce platform thebodyshop-ks.com , hereinafter referred to as " thebodyshop-ks.com " .
- ABOUT AXIOM – OPERATOR AND OWNER UNDER LICENCE OF THE BODY SHOP FRANCHISE
Article 2. Information is treated according to Law Nr. 06/L-082 on Protection of Personal Data and General EU Regulation of Data Protection (GDPR) and all other relevant laws and regulation in Kosovo relating to electronic commerce, data protection and consumer protection.
- Name of the Provider: Axiom shpk, registered as LLC at Kosovo Business Registry Agency with Unique Identification Number of 810102202
- Headquarters and address for exercising the activity and address for submitting complaints from consumers: Prishtina, Zona Industriale Veternik, Albi Mall, Kati 0, firstname.lastname@example.org, contact number +383 49 194 155.
- Supervisory authorities:
Agjencia Shteterore per Mbrojtjen e te Dhenave Personale (State Agency for Personal Data Protection)
Address: Rr, Zejnel Salihu – Nr.22 (ish ndertesa e Gjykates Themelore)
Tel: +383 38m20062959
Departamenti Per Mbrojtjen e Konsumatorit (Consumer Protection Commission)
Address: Ministria e Tregtise dhe Industrise, Rruga Muharrem Fejza PN
Hotline: 0800 11000
Website : www.konsumatori.rks-gov.net
- CHARACTERISTICS OF THE PLATFORM
Article 3. thebodyshop-ks.com is an e-commerce platform, available at the Internet address https: //www.thebodyshop-ks.com /, through which Users have the opportunity to enter into contracts for sale and delivery of goods offered by the Provider in the platform, including the following:
- To register and create a profile for viewing the e-shop of the Provider and use the additional services to provide information;
- To review the goods, their characteristics, prices and delivery conditions;
- To conclude with the Supplier contracts for purchase and sale and delivery of goods offered by the platform thebodyshop-ks.com ;
- To make any payments in connection with the concluded contracts through the platform thebodyshop-ks.com and through electronic means of payment.
- To receive information about new goods offered by the Supplier in the platform t hebodyshop.bg ;
- To be notified of the rights arising from the law, mainly through the interface of the platform t hebodyshop.bg on the Internet;
- Exercise their right of withdrawal when applicable under the Consumer Protection Act.
Article 4. The supplier in the platform thebodyshop-ks.com organizes the delivery of the goods and guarantees the rights of the Users, provided by the law - by virtue of the consumer or commercial law.
- Users enter into a contract with the Provider in the platform thebodyshop-ks.com for purchase and sale of goods, at https: // www. thebodyshop-ks.com /. The contract is concluded in English and/or Albanian and is stored in the database of the Provider in the platform.
- Pursuant to the contract concluded with the Users for purchase and sale of goods, the Provider in the platform thebodyshop-ks.com undertakes to organize the delivery and transfer of ownership of the User of the goods specified by him through the interface in the platform. Users have the right to correct errors in entering information no later than sending the statement for concluding the contract with the Provider in the platform thebodyshop-ks.com .
- Users pay to the Provider of the platform thebodyshop-ks.com remuneration for the delivered goods, in accordance with the conditions set out in the platform thebodyshop-ks.com and these General Terms. The remuneration is in the amount of the price announced in the platform thebodyshop-ks.com.
- User and the Provider in the platform thebodyshop-ks.com agree that all statements between them, in connection with the conclusion and execution of the contract of sale, can be made electronically and through electronic statements within the meaning of the relevant laws for e-commerce applicable in the Republic of Kosovo.
- It is assumed that the electronic statements made by the Users of the site are made by the persons specified in the data provided by the User during registration, if he has entered the appropriate username and password.
- REGISTRATION FOR USE OF THEBODYSHOP-KS.COM
- In order to use thebodyshop-ks.com for concluding contracts for purchase and sale of goods, the User must enter his chosen name and password for remote access, which is considered to have accepted these General Terms.
- The name and password for remote access are determined by the User by performing online registration on the website of the Provider in the platform thebodyshop-ks.com, according to the procedure specified therein.
- By filling in his data and pressing the "Registration" buttons, the User declares that he is familiar with these General Terms, agrees with their content and undertakes to comply with them unconditionally.
- Provider confirms the registration made by the User by sending a letter to the e-mail address specified by him. An account of the User is created and a contractual relationship arises between him and the Provider.
- Upon registration, the User undertakes to provide accurate and up-to-date data. When changing them - the User undertakes to update them in a timely manner in his registration.
- TECHNICAL STEPS FOR CONCLUDING A PURCHASE AGREEMENT
Article 8. The users use the interface of the Provider's page in the thebodyshop-ks.com platform in order to conclude contracts for purchase and sale of the goods offered by the suppliers in the thebodyshop-ks.com platform .
Article 9. The consumers conclude the contract for purchase and sale of the goods in the platform thebodyshop-ks.com according to the following procedure:
- Performing registration in the platform thebodyshop-ks.com and providing the necessary data, if the User has not yet registered in the platform thebodyshop-ks.com .
- Logging in to the ordering system in the thebodyshop-ks.com platform by identifying with a name and password.
- Opportunity to conclude a contract for purchase and sale of goods in the platform thebodyshop-ks.com , without the User being a registered user in the platform thebodyshop-ks.com .
- Select one or more of the goods offered by the suppliers in the thebodyshop-ks.com platform and add them to the list of goods for purchase.
- Selection of goods from the list of goods for purchase of the respective suppliers in the platform thebodyshop-ks.com , for which a contract of sale will be concluded.
- Providing delivery details.
- Choosing a method and time for paying the price.
- Order confirmation.
- PERFORMANCE OF THE CONTRACT
Article 10 .
- Consumers must inspect the goods at the time of delivery and delivery and, if it does not meet the requirements, refuse the delivery.
- If the User finds hidden defects or defects of the goods, he has the right to file a complaint through email@example.com. The deadline for responding to the complaint is 30 calendar days.
VIII . PROTECTION OF PERSONAL DATA
Article 11 .
- Provider in the platform thebodyshop-ks.com takes measures to protect the personal data of the User , according to the Personal Data Protection Act.
- For security reasons, the Provider in the thebodyshop-ks.com platform will send the data only to the e-mail address that was specified by the Users at the time of registration.
- Provider in the platform thebodyshop-ks.com has the right to store data in the end communication device of the User, unless the latter explicitly expresses his disagreement.
- User agrees that the Provider of the platform thebodyshop-ks.com has the right to contact him in a manner requested by the User during registration.
- User agrees that the Provider of the platform thebodyshop-ks.com has the right to collect, store and process data of the User when using the e-shop of the Provider in the platform thebodyshop-ks.com.
Article 12 .
- At any time, the Provider in the platform thebodyshop-ks.com has the right to require the User to identify himself and certify the accuracy of each of the circumstances announced during registration and personal data.
- In case for any reason the User has forgotten or lost his name and password, the Provider of the platform thebodyshop-ks.com has the right to apply the announced "Procedure for lost or forgotten names and passwords", available at: https: // www. thebodyshop-ks.com /> login> forgotten password.
- AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
- These General Terms and Conditions may be amended by the Provider of the platform thebodyshop-ks.com , for which the latter will notify in an appropriate manner all registered Users.
- Provider in the platform thebodyshop-ks.com and the User agree that any additions and changes to these General Terms and Conditions will have effect on the User in one of the following cases:
- after its explicit notification by the Provider in the platform thebodyshop-ks.com and if the User does not state within the given 14-day period that he rejects them;
- after their publication on the website of the Provider in the platform thebodyshop-ks.com and if the User does not state within 14 days of their publication that he rejects them;
- with its explicit acceptance by the User through his account on the website of the Provider in the platform thebodyshop-ks.com .
- User agrees that all statements of the Provider in the platform thebodyshop-ks.com , in connection with the amendment of these General Terms and Conditions, will be sent to the e-mail address specified during registration. The user agrees that e-mails sent in accordance with this article do not need to be signed with an electronic signature in order to have effect on him.
Article 14. The Provider publishes these General Terms and Conditions at https: // www.thebodyshop-ks.com , together with all additions and changes in them.
Article 15 These General Terms and Conditions and the User's Agreement with the Provider in the thebodyshop-ks.com platform are terminated in the following cases:
- upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
- by mutual consent of the parties in writing;
- in case of objective impossibility of any of the parties to the contract to perform its obligations;
- in case of seizure or sealing of the equipment by state authorities;
- in case of deletion of the User's registration in the platform thebodyshop-ks.com . In this case, the concluded but not executed contracts of sale remain in force and are subject to execution.
Article 16. The Provider has the right at its discretion, without notice and without due compensation, to unilaterally terminate the contract if it finds that the User uses the platform thebodyshop-ks.com in violation of these Terms, Legislation in the Republic of Kosovo, generally accepted moral norms or generally accepted rules and practice in e-commerce.
Article 17. The User undertakes to indemnify and release from liability the providers in the platform thebodyshop-ks.com and the Provider in case of lawsuits and other claims of third parties (whether justified or not), for all damages and costs (including attorney's fees and court costs) ) arising from or in connection with:
- non-fulfillment of any of the obligations under this contract;
- infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights;
- illegal transfer to other persons of the rights granted to the User for the term and under the terms of the contract;
- false declaration of the presence or absence of the quality Consumer within the meaning of the Consumer Protection Act.
Article 18. The provider is not responsible in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.
- Provider is not liable for damages caused by the User to third parties.
- Provider is not liable for property or non-property damages, expressed in lost profits or damages caused to the User in the process of using or not using thebodyshop-ks.com and concluding sales contracts with the Provider.
- Provider is not responsible for the time during which the platform was not available due to force majeure.
Article 20. The provider is not responsible in case of overcoming the security measures of the technical equipment and this results in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
- OTHER TERMS
- User and the Provider in the platform thebodyshop-ks.com undertake to mutually protect their rights and legitimate interests, as well as to keep their trade secrets, which became their property in the process of implementation of the Agreement and these General Terms.
- User and the Provider undertake during and after the expiration of the contract period not to make public written or oral correspondence between them. The publication of correspondence in print and electronic media, Internet forums, personal or public websites and others may be considered public.
Article 22. In case of conflict between these General Terms and Conditions in a special contract between the Provider in the platform thebodyshop-ks.com and the User, the provisions of the special contract shall prevail.
Article 23. The possible invalidity of any of the provisions of these General Terms and Conditions will not lead to the invalidity of the entire Agreement.
Article 24 .
- The laws of the Republic of Kosovo shall apply to the issues not settled in this Agreement, related to the implementation and interpretation of this Agreement.
- User has the right to refer all disputes with the Provider regarding the implementation of this Agreement to the Out-of-Court Alternative Dispute Resolution (ADR) platform, available at https://webgate.ec.europa.eu/odr/main/?event = main.home.show.
- In case of failure to reach an agreement for resolving the dispute out of court, the parties may refer the dispute for resolution by the competent Kosovo courts and the Consumer Protection Department at the Ministry of Trade and Industry of the Republic of Kosovo.