Terms and Conditions
Please read these Terms and Conditions fully and carefully before using
www.onycoshop.com
(the “website”) and the services, features, content, applications, or products offered by OnycoStop Pro
(“we”, “us”,
“our”, or OnycoStop Pro’s”). OnycoStop Pro is equivalent to ATOP LLC, a company duly registered and
operating under the laws of the Republic of Bulgaria, registered under unified identification code (UIC):
206024693,
with principal address at 79 Nikola Gabrovski Blvd., 2nd floor, 1700, Sofia. These Terms and
Conditions set
forth the legally binding Terms and Conditions for your use of the Site and Services. We are authorized to
add other
Sites from time to time as we expand our product offerings and these Terms and Conditions govern your use of
our
Sites and your conduct, regardless of the means of access. We explicitly announce that the current Terms and
Conditions apply to all services and products available on our website. Should any new services be added,
the
General Terms will be updated accordingly, in the order that follows.
Please read the Terms and Conditions carefully and keep a copy for your archive. You can require a copy of
the Terms
and Conditions from us at any time, as well as for the applicable fees and current limits and/or statement
for the
latest transactions.
1. Eligibility
By using services and products available on our website, you confirm that you have
read,
understand, and agree, to be bound by these Terms and Conditions. The presentation of services and products
on our
website does not constitute a legally binding offer but a non-binding online catalog instead. By clicking
the button
“add to cart”, you submit a binding order regarding the goods in the shopping cart. The confirmation of any
order’s
receipt is issued immediately upon sending the order and does not constitute acceptance of the contract.
Please be
aware that in our sole discretion, we are allowed to refuse to offer the Services to any person or entity
and change
its eligibility criteria at any time, for which circumstance you will be informed via email or other
equivalent
communication channel. If you do not agree with the Terms and Conditions, you are not allowed to use our
website.
You must be older than 18 in order to make an order.
2. Privacy
Please review OnycoStop Pro’s Privacy Policy
so that you can learn about our privacy practices.
3. Product Information and Services for Personal Use
The products displayed on the website can be ordered and delivered only within the
Website
and the specified markets.
Our website
contains information in relation to the services we provide. Kindly be aware that the information
provided does
not amount to any advice. The content of the pages of this website is for your general information and use
only. It
is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness,
performance,
completeness or suitability of the information and materials found or offered on this website for any
particular
purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we
expressly
exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of
any
information or materials on this website is entirely at your own risk, for which we shall not be liable. It
shall be
your own responsibility to ensure that any products, services or information available through this website
meet
your specific requirements.
From time to time this website may also include links to other websites. These links are provided for your
convenience to provide further information. They do not signify that we endorse the website(s). We have no
responsibility for the content of the linked website(s).
We shall not be held liable for any losses You may incur through the accessing of third parties websites
from our
website. Moreover, it is up to our discretion to modify or suspend temporarily or permanently the use of our
website
without prior notice. By accessing our website you are agreeing that we shall not be held liable for any
modification or suspension occurring on our website.
OnycoStop Pro is not responsible for any physical or mental injuries, as well as allergic reactions resulting
from
the use of the OnycoStop Pro’s products. Our products are not recommended for pregnant women, nursing
mothers, and
children under 18 years of age. The products offered or promoted on the website are not medical products or
substitutes for them.
In case of any doubts about the impact of any of the ingredients of the products, which are described on the
packaging of each product, on your physical or mental condition, we recommend consulting your doctor before
using
the product/s.
OnycoStop Pro reserves the right to change the prices of goods and services at any time without prior notice
to
customers.
The price of products and services is the one indicated at the time of placing the order within the stock
availability and/or for the duration of the promotional period, if applicable. Any changes in prices that
occur
after the acceptance of the order do not apply to it.
4. Sales contract, Delivery and Payments
The distance sales contract for goods is considered to be concluded from the moment
we accept
the order sent by the customer.
OnycoStop Pro notifies the customer via email and/or phone about the registration of the order.
In all cases where the order is registered and the customer has received confirmation of it, the customer is
obliged
to make full payment as agreed for each individual order.
OnycoStop Pro’s reserves its right, in case of impossibility of delivery, to partially or completely refuse
the
contract, in which case we are solely responsible for refunding the received amounts without any additional
expenses
for the customer.
When the stock of a particular item proves to be insufficient to fulfill all the received orders, the rule
above
applies.
The information provided by the customer, as well as the present Terms and Conditions, are an integral part
of the
distance sale contract.
OnycoStop Pro is not responsible for adhering to the delivery deadlines for the products. The details
regarding
delivery times of the products are approximate, and OnycoStop Pro is not bound by them to provide delivery
on a
specific date.
The Customer is not entitled to any compensation in the event of a delayed delivery caused by the courier
company.
5. Instructions on withdrawal
You have the right to withdraw from this contract within 90 days without giving any
reason.
The withdrawal period will expire after 90 days from the day on which you acquire, or a third party other
than the
carrier and indicated by you acquires, physical possession of the products.
For hygiene reasons we are unable to offer a refund or exchange on any opened product.
If you wish to cancel your order, please notify us at [email protected] . Under the European
Union’s
Distance
Selling Regulations, you have the right to cancel your order with us, in writing, from the time of ordering
until 90
days after receipt of the items. We will happily refund unwanted items provided they are in a fully
resalable
condition. If they are not returned in a fully resalable condition or the packaging is damaged, we reserve
the right
to refuse a refund on the items.
Order return instructions:
- All items must be in the same condition as upon
delivery,
without damages, in proper
commercial appearance, and
complete in the original packaging. The packaging must be intact, not torn, scratched, or damaged. - If the item was accompanied by a gift, the gift must
also be
returned. - We will not accept returns sent with cash-on-delivery
as a
method of refunding the paid
amounts. - If the customer wants to return a product purchased
as part
of a promotional package,
the regular price of the
remaining products (or the price of the promotional package if it contains the same products) will be
considered
as the new price of the order. The difference between the amount paid by the customer and the new price
of the
order will be refunded to the customer within 14 days after the customer returns the product to us. - If the customer wants to return a product within the
withdrawal period, the
transportation costs for sending it
back to the warehouse will be covered by the buyer. However, in cases where the received product is
found to be
defective, we will require it to be returned to the warehouse at no cost to the customer.
If you receive damaged or defective products from us we will offer you a full refund or replacement, provided
the
goods are unused and in their original packaging.
6. Limited Licenses
Kindly be aware that the entire content of this website forms part of our
intellectual
property, including but not limited to the rights of copyright, with all such rights reserved in terms of
applicable
law. Unless otherwise authorized in writing by us or in accordance with the terms of this Legal notice, you
are
hereby binding yourself not to redistribute, transmit, re-transmit, copy, publish or otherwise utilize in
any way
any content of the website. Without prejudice to the above, this website and the material found therein
(including,
but not limited to, text, artwork, photographs, images, music, audio/video/audio-visual material and
computer code)
is owned by us and/or our licensors, where applicable. In using this website, you are agreeing to a
worldwide,
non-exclusive, royalty-free and revocable license limitedly to access to the website and all the Material
found
herein by using a web browser from any compatible device having internet access.
You may download, store and use the material for your own personal use and research or that of your firm or
company.
You may not republish, retransmit, redistribute or otherwise make the material or any part thereof available
to any
other party or make the same available on any website, on-line service or bulletin board of your own or of
any other
party or make the same available in hard copy or on any other media without our express prior written
consent.
Subject to applicable law, you may however share content from this website through social media, subject to
you
including a clear note that such content is being shared from our website.
All other rights are reserved.
7. Copyright
You accept and agree that the content, materials, text, images, videos, graphics,
trademarks,
logos, music, software, and other elements available on the Website are property of OnycoStop Pro and are
protected
by copyright, trademark, and/or other proprietary rights and laws. You agree not to sell, license, rent,
distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify, or create
derivative
works from any content or materials on the Website. All of our Website’s Content is Copyrighted by OnycoStop
Pro.
All rights reserved. Except as expressly outlined in these Terms, no license is granted to you and no rights
are
conveyed by accessing or using the Website. All rights not granted under these Terms are reserved by
OnycoStop Pro.
8. Disclaimer of Warranties; Limitation of Liability
THE SITE, ITS CONTENT, AND SERVICES ARE PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS
OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE WEBSITE Terms and Conditions
OR THE
SITE, ITS CONTENTS, AND SERVICES. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY,
OR IN
TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO THE
WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATIONS; (d) LOSS OR
DAMAGES OF
ANY SORT INCURRED AS A RESULT OF DEALINGS WITH THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER
VIRUSES,
SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING
HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND
OUR
REASONABLE CONTROL. FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN
CONNECTION
WITH THE USE OF THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF
ANY
KIND, INCLUDING BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES,
LOSS OF
DATA, INCOME OR PROFIT, LOSS OR DAMAGE OF PROPERTY, AND CLAIMS OF THIRD PARTIES. YOU FURTHER AGREE THAT NO
CLAIMS OR
ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF
THE
WEBSITE OR THESE TERMS OF SERVICE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION
RELATED TO
SUCH CLAIM OR ACTION. IF YOU ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR
SOLE
REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Whilst every effort is made to maintain the accuracy of the information on our website, we cannot accept
responsibility for any prejudice, loss or damage which may occur from use of the information contained
herein.
Unless loss or damage is caused due to negligence or willful misconduct, we expressly disclaim any and all
liability
whatsoever occasioned pursuant to anything done or omitted to be done wholly or partly in reliance upon the
contents
of this website, or any part thereof. We further expressly disclaims any and all liability in respect of any
loss or
damage suffered by any person of the information contained on this website.
We shall not be held liable for any losses You may incur through the accessing of third parties websites
from our
website. Moreover, it is up to our discretion to modify or suspend temporarily or permanently the use of our
website
without prior notice. By accessing our website you are agreeing that we shall not be held liable for any
modification or suspension occurring on our website.
9. Indemnification and waiver
Whilst every effort is made to maintain the accuracy of the information on our
вebsite,
OnycoStop Pro cannot accept responsibility for any prejudice, loss or damage which may occur from use of the
information contained herein. Unless loss or damage is caused due to оur negligence or willful misconduct,
we
expressly disclaims any and all liability whatsoever occasioned pursuant to anything done or omitted to be
done
wholly or partly in reliance upon the contents of this website, or any part thereof. We further expressly
disclaim
any and all liability in respect of any loss or damage suffered by any person of the information contained
on this
Website.
Any liability of arising from any technical inaccuracies shall be excluded to the extent permitted by law.
Furthermore OnycoStop Pro shall not be held liable for any delay whatsoever in the performance or else the
failure
of its obligations if such delay or failure is a result of events that are beyond our control. Also,
OnycoStop Pro
shall not be liable for any losses incurred by you as a result of third parties services which are outside
our
control whether such services are used by you in order to access our website or they are used by us in order
to
comply with your instructions.
OnycoStop Pro shall not be held liable for any losses you may incur through the accessing of third parties
Websites
from our website. Moreover, it is up to our discretion to modify or suspend temporarily or permanently the
use of
Our Website without prior notice. By accessing our website you are agreeing that OnycoStop Pro shall not be
held
liable for any modification or suspension occurring on our website.
We will not be liable or responsible for any failure to perform, or delay in performance of, any service
which is
exclusively provided by our website and which is caused by events outside our reasonable control (“Force
Majeure
Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable
control and
includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or
threat
of terrorist attack, war
(whether declared or not)
or threat or preparation for war; - Fire, explosion, storm, flood, earthquake,
subsidence,
epidemic or other natural
disaster; - Impossibility of the use of railways, shipping,
aircraft,
motor transport or other means
of public or private
transport; - Impossibility of the use of public or private
telecommunications networks;
The acts, decrees, legislation, regulations or restrictions of any government.
You shall indemnify and hold harmless OnycoStop Pro and all its employees, officers and affiliates from any
third
party claims, damages that shall arise from your infringement of any intellectual property rights, your
breach of
these Terms and Conditions, your breach of any confidence principle, any defamatory statements that you
would have
made or the infringement of any other right without limitation whatsoever.
10. Consent to Receive Notices by Posting on the Website Via Email or Phone.
By accepting the current Terms and Conditions, you expressly agree to receive
electronic
commercial communications, as well as electronic commercial communications at the email address/phone number
or
etc., provided by you, for our products and/or services which are being published on our website.
If you do not wish to receive such electronic commercial communications, you can use the unsubscribe option
to
withdraw your consent. We reserve the right to organize promotional and bonus programs, to define the
parameters for
carrying out of the promotions as well as to change them and to terminate them at our own discretion without
having
any liability to the end customers.
Your options with respect to receipt of marketing communication are set forth in our Privacy Policy.
11. Complaints and disputes
If you have a complaint regarding any product, please notify us at the service email
(
[email protected] ), in order to investigate the circumstances for you. We strive to process quickly and
fairly
all complaints we receive. We will respond to every complaint submitted in written form and/or through
written
answers sent to your email address, registered with us. We will inform you of our decision within 15 working
days
from the moment we receive the complaint. If we are unable to do so due to unforeseen reasons, you will be
notified
of the situation. In any case, the delay won’t exceed 35 days.
In case we don’t honor your complaint, you may refer the dispute to the Conciliation Commission for Payment
Disputes
with the Commission for Consumer Protection in Bulgaria. The cooperation of the Commission can be requested
after
the disagreement is present at Bulgaria, Sofia, postcode: 1000, 1, Vrabcha Street, 4th floor, phone: +359 2
9330565,
fax: +359 2 9884818, as well as on the website: www.kzp.bg and http://abanksb.bg/pkps,
e-mail: [email protected].
If you have any questions regarding these Terms and Conditions or the Privacy Policy please email us at
[email protected]