TERMS OF SERVICE 

OVERVIEW

This website is owned and operated by Best Brands Ltd., a company registered in Bulgaria’s Commercial Register under unique number BG202461657 whose registered office is at Tsarigradsko Shosse 149, Sofia 1784, Bulgaria. The Company is registered under Value Added Tax Act (VAT) in Republic of Bulgaria. Throughout the site, the terms “we”, “us” and “our” refer to Best Brands Ltd., Best Brands 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.

Our store is hosted on Magento. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

You acknowledge that you have the necessary skills to access and use this site and that you have verified and found that the computer configuration used is free of viruses and is in perfect working order. You further acknowledge that you are aware of the fact that this site is available 24 hours a day, 7 days a week, except for cases of force majeure, computer difficulties, difficulties in connection with telecommunication networks or technical difficulties. Best Brands Ltd may interrupt access to the site for maintenance purposes.

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, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

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.

The general structure, including but not limited to software, texts, images (animated or not), know-how and all other elements forming the site are the exclusive property of Best Brands Ltd. Any exposure, whether in whole or in part, to this site by any means without the express consent of Best Brands Ltd is prohibited and will be treated as illegal use. The same applies to the databases on the website which are owned by Best Brands Ltd and which are protected by copyright. The trade marks of Best Brands Ltd and its partners, as well as the logos appearing on the site, are registered trademarks. The content available on the site may be used solely for the purpose of using the site, any other use of the content, including but not limited to copying, reproduction, modification, publishing of the content or parts thereof, and others, constitutes a violation of the intellectual property rights of Best Brands Ltd., and such behavior will be pursued by all means and mechanisms provided by the applicable law. By accepting these Terms of Service you agree that you are only entitled to browse the site and print materials from it for your personal use and / or make informed decisions about Best Brands Ltd products and services. Therefore, any reproduction, in whole or in part, of these trademarks or logos, including elements of the site, for purposes other than the above specified is prohibited without the express consent of Best Brands Ltd.

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. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

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 or exchange only according to our Return Policy. Best Brands Ltd. strives to improve its products or services continuously. Therefore, all information on this site is subject to change on a regular basis. The availability, specifications, models and prices of each item on this site are provided only for general information and may be subject to restrictions or not available at the time you view them. We are not responsible for any loss or damage arising from your reliance on any information available on our website to the fullest extent permissible by law.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. For technical reasons, the colors of the products displayed on the site may not match the actual colors. Furthermore, we cannot guarantee that your computer or mobile device display of any color 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

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.

When purchase is made the same is being registered in our system as well as the customer will receive e-mail notification to the address you’ve provided with summary of the chosen product(s), quantity, price per item including VAT if applicable delivery fee and the total amount. This concludes the purchase as complete and not the summary information on the website.

Registering an account in our shop you’ll be given the additional access of chronological data regarding your previous purchases as well as track current ones.

You are able to complete your payment by choosing between PayPal, VISA or MasterCard Debit/Credit as preferred method of your choice.

All listed prices in our web shop are in Euro currency.

By finalizing your order you agree to pay for the products that you desire as well as for the shipping expenses that are calculated based on your destination address and choice of delivery provider.

SECTION 7 – TAXATION

According to Article 2 of Bulgarian VAT Act the following shall be subject to value added tax:

1. Each taxable supply of goods or services effected for consideration;

2. Each intra-European Union acquisition effected for consideration, whereof the place of transaction is within the territory of the country, by a person registered under this Act or by a person in respect of which an obligation to register has arisen;

The rate of tax, according to Article 66 of VAT Act shall be 20 per cent applicable to the taxable supplies, except for those expressly specified as subject to the zero rate; the importation of goods into the territory of the country; the taxable intra-European Union acquisitions.

 

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor, 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 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 9 - 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. Best Brands Ltd seeks only to make such references to sites that are in compliance with applicable law. However, links to such sites shall, in no event, constitute an endorsement by or an association between Best Brands Ltd and such sites and we shall not be 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. Access to, and use of, any affiliated or non-affiliated sites is subject to their own Terms of Use and privacy policies, and if you decide to visit any third party site you do so at your own risk.

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 10 - 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 are unlawful, offensive, threatening, libelous, 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 libelous 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 11 - PERSONAL INFORMATION

The privacy of your personal data is important to us. Your submission of personal information through the store is governed by our Privacy Policy which forms part of these Terms for details of how we will process your personal data.

SECTION 12 - 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 13 - 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, pharm, 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 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, error-free or compatible with all or any hardware or software which you may use. 

We do not warrant that the results that may be obtained from the use of the service will be accurate and up to date 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. 

We do not warrant that the website be free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly and we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our website to the fullest extent permissible by law.

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.

We are only liable to you in connection with your use of our website for losses which you suffer as a direct result of our breach of these Terms. In no case shall Best Brands Ltd, 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. We do not exclude our liability (if any) for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.

SECTION 15 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Best Brands Ltd 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 16 - 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 17 - 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 18 - 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 govern 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 19 - GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Bulgaria and you agree that the courts of Bulgaria will have exclusive jurisdiction over any claim arising from or related to this website. 

SECTION 20 - 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 21 – TERMS OF DELIVERY

Upon delivery of the goods the customer is required to inspect the package for any visible damages and/or cosmetic fractures that might have occurred during transit as well as for any missing documents accompanying the package. The person carrying the delivery should be informed immediately for this matter.

Each product has 2 years of warranty according to the EU regulations when purchases are made On-line.

 

You are eligible for requesting contract termination followed by full refund if there were 3 (three) returns within the period of warranty.

 

We cannot be held responsible for any delay that might occur during transit via the post company.

 

You confirm receiving the goods by signing the delivery slip to the courier.

 

SECTION 22 – RETURN POLICY

You can exercise the right to return an order and opt for full refund of the price of the purchased product(s) and shipping expenses within 14 after day of receipt of the goods provided that such request is submitted to us by ticket within the aforementioned period. We will acknowledge receipt of your request and advise you the proper procedure of returning the goods of returning the goods to us. Your order(s) is/are eligible to a refund subject to below conditions:

 - Goods are purchased from this website.
- A request for refund notification is submitted by ticket from our Contact form.
- Goods are returned with a copy of your receipt/invoice.
- Goods are returned with a copy of your return authorization number and form (along with the receipt/invoice) which will be sent to you after processing you return order.
- Goods are in brand new, undamaged condition and with original packaging.

After we acknowledge and confirm your return request you are allowed to send us the purchased goods back to us as you cover all expenses needed to do so. We can't be held responsible for any delay, damage or loss during transit.

Goods must be returned to our specified address within 14 days after we acknowledge your request: 149 Tsarigradsko Shosse blvd, 1784 Sofia, Bulgaria, Hotel Expo Premium Center.

Any circumstances leading to complete damage or loss of the goods during transit will result in rejecting any refund.

For orders made by credit card, the amount to be refunded will be visible on the next bank statement of the card. The time of processing may vary depending on the issuing company of the credit card, this time generally takes up to 20 working days.

According to the EU return policy we claim the right to refund you with the most cost efficient option that we have available rather then the optional more expensive that you might have chosen.

We have the right to refuse the 14-days full refund period for purchases made On-line for products that are hygiene related as well as in cases where the product is only used for test purposes in order to find the use of its characteristics and good functionality.

Canceling your order is only possible in writing either to hello@cactushairbrush.com or via our On-line Contact form.

 

SECTION 23 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at hello@cactushairbrush.com